Clearlake Municipal Code § 7-8 Vicious Animals

a. VICIOUS ANIMAL shall mean an animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behaviors: 1. An attack, without provocation which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself peaceably and lawfully; 2. An attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal; 3. An attack, without provocation, that results in an injury to a person in a place where such person is conducting himself peaceably and lawfully; 4. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such a person is conducting himself peaceably and lawfully. For the purposes of this section, a person is peaceably and lawfully upon the private property of an owner of the animal when he is on such property in the performance of any duty imposed upon him by laws of the State or any City or County, or by the laws or postal regulations of the United States, or when he is on such property upon invitation, expressed or implied. b. VICIOUS ANIMAL shall also mean an animal which has been found to be a vicious animal pursuant to subsection 7-8-4. c. If any provision of this section is in contradiction to any term or provisions of this Chapter VII, the terms of this section shall prevail in regard to any vicious animal. (Ord. #03-87, S1)

It is unlawful for the owner and/or possessor of a vicious animal to maintain the animal within the City limits unless it is penned, muzzled or otherwise confined so that it cannot bite, attack or cause injury to any person or other animal. (Ord. #03-87, S2)

A vicious animal in violation of this Chapter constitutes a public nuisance. (Ord. #03-87, S3)

a. Investigation. Whenever the Animal Control Officer has reasonable cause to believe a vicious animal is being maintained within the City in violation of this Chapter, the Officer shall investigate. b. Findings and Notices of Abatement Order. If, upon investigation, the Animal Control Officer finds that the animal is vicious as defined in subsection 7-8.1a. of this section, the animal owner and/or possessor shall be personally served or served by mail with an abatement order summarizing the results of the investigation. If the owner and/ or possessor cannot be ascertained and located, an abatement order shall be served by posting the abatement order on the property where the animal was found. The abatement order may impose conditions and restrictions for maintenance of the animal pursuant to paragraph c. of this subsection. The abatement order shall state that the owner and/or possessor of the animal has five (5) days from the date of service thereof to comply with the order or to file a request for a hearing before the Animal Hearing Officer. If the owner and/or possessor fails to file a timely appeal, the abatement order of the Animal Control Officer shall become final. Filing of a timely appeal shall stay the abatement order until a determination is made by the Animal Hearing Officer pursuant to paragraph d. of this subsection. c. Restrictions and Conditions for Maintaining a Vicious Animal. The abatement order may impose restriction and conditions for maintaining a vicious animal to protect the public safety and the safety of other animals. Such conditions may include, but are not limited to, the following: 1. The posting of a bond or other proof of ability to pay a damage award in the amount of ten thousand ($10,000.00) dollars; 2. Requirement as to size, construction and design of an enclosure for the animal; 3. Requirement as to the location of the animal’s residence; 4. Requirement as to the type and method of restraints and/or muzzling of the vicious animal; 5. Photographing of a vicious animal for purposes of identification. d. Hearing Upon Appeal. If the owner files a timely appeal pursuant to paragraph b. of this subsection, a hearing shall be conducted before an Animal Hearing Officer who shall decide whether to sustain, modify or overrule the abatement order. The owner and/or possessor shall be served in person or by mail with the decision of the Animal Hearing Officer. (Ord. #03-87, S4)

a. It is unlawful for an owner and/or possessor to fail to comply with an abatement order issued pursuant to subsection 7-8.4 unless a timely appeal is filed and pending in accordance with subsection 7-8.4b. b. In the event that an owner and/or possessor fails to comply with an abatement order, the Animal Control Officer may take one (1) or more of the following actions:

Cite the owner and/or possessor of the animal for violation of this Chapter. Each day that a violation occurs is a separate offense; 2. Refer the matter to the City Attorney or District Attorney for prosecution of the alleged violation or for abatement of the public nuisance; 3. Impound the animal in accordance with the procedures specified herein. The owner and/or possessor may redeem an impounded animal prior to its final disposition by the Animal Control Officer in accordance with the provisions herein provided that the owner and/or possessor agrees to comply and is able to comply with the abatement order and has paid all impound fees and charges. (Ord. #03-87, S5)

a. Notwithstanding the provision of subsection 7-8.5, an Animal Control Officer may immediately seize and impound an animal for any of the following reasons: 1. The animal is at large; is otherwise in violation of this section or is considered a vicious animal and immediate impoundment of the animal is authorized; 2. Whenever the owner and/or possessor consents to immediate impoundment of the animal; 3. The Animal Control Officer reasonably believes that immediate impoundment is necessary for preservation of the public’s health or safety, the safety of other animals or the animal involved. Relevant factors in making this determination include whether the animal has attacked and caused serious bodily injury to a person or animal, whether the owner and/or possessor has suffered or permitted the animal to run at large and whether the animal owner and/or possessor is immediately willing and able to confine the animal as required in subsection 7-8.2. b. Whenever an animal is immediately impounded the Animal Control Officer shall comply with the procedures for immediate impoundment specified in subsection 7-8.8 of this Code. (Ord. #03-87, S6)

The owner and/or possessor of a vicious animal which has been the subject of an abatement order shall notify the animal control officer within ten days of making a change in the residence or ownership of the animal and provide the new residence address and, when applicable, the name of the new owner. The owner or possessor is also required to provide a copy of the abatement order to the new owner on or before transfer of ownership of the animal. (Ord. #03-87, S7)

a. The Animal Control Officer may immediately seize and impound an animal for violation of this Chapter or the laws of this State without providing a pre-impoundment notice of hearing under the following circumstances: 1. The owner and/or possessor of the animal provides consent for the impoundment; 2. The animal is at large and immediate impoundment of the animal is authorized under subsection 7-8.5a; 3. The Animal Control Officer has reasonable grounds to believe the animal may be rabid; 4. The Animal Control Officer has reasonable grounds to believe that the animal is a vicious animal as defined in subsection 7-8.1 and that immediate impoundment of the animal is required for any of the reasons specified in subsection 7-8.6; 5. To protect an animal which is injured, sick, starving or suffering from heat, cold or confinement, which is in need of immediate care; 6. When immediate seizure is necessary to protect from injury an animal which has strayed onto a public street or highway for other public place; 7. When the Animal Control Officer has reasonable grounds to believe that immediate impoundment is necessary to protect the public health or safety of any person or animal. b. The Animal Control Officer shall within twenty-four (24) hours of the impoundment serve in person or by mail a notice of impoundment to the owner and/or possessor of the animal, if the owner has been ascertained and located. If the impounded animal is a licensed dog, the notice shall be sent to the address of the owner thereof. The notice shall state: 1. The date of impoundment and the place where the animal is impounded; 2. The grounds for impoundment; 3. The period the animal will be held pursuant to subsection 7-8.9 before being humanely destroyed or otherwise disposed of; 4. That the owner may request a hearing if he believes that the impoundment was unlawful for filing a written appeal with the Animal Control Officer. c. If an appeal hearing is requested, it shall be conducted by the Animal Hearing Officer and shall be scheduled no later than five (5) days after the date the appeal is filed. The decision of the Animal Hearing Officer shall be based on the weight of the evidence and shall be final. The owner and/or possessor shall be given notice of the decision in person or by mail. The Animal Hearing Officer shall determine whether the impoundment and/or destruction is authorized under this section. If the impoundment is found to be unlawful, the animal shall be released forthwith to the owner, and the costs of impoundment shall be borne by the City. If the animal is determined to be a vicious animal it may either be handled by bringing action against the owner of such animal pursuant to Civil Code Section 3342.5, or released with conditions, or humanely destroyed. (Ord. #03-87, S8)

Except as provided in this Chapter VII, governing impoundment of rabid animals, impounded animals shall be maintained by the County Animal Shelter prior to disposition by the Animal Control Officer. a. Unlicensed dogs shall be maintained a minimum of five (5) days following the date of impoundment, Sundays and City holidays excepted. b. Licensed dogs shall be maintained a minimum of ten (10) days following the date of impoundment, Sundays and City holidays excepted. c. Any horse, mule, burro or bovine animal shall be maintained a minimum of five (5) days following the date of impoundment, Sundays and City holidays excepted, and be disposed of as required by Section 17003 of the California Agriculture Code. Upon expiration of the fifth day after the impoundment, if no person has appeared to claim such animal, the Animal Control Officer shall notify the State Director of Agriculture as required by Section 17003 of the Ca. Food Agriculture Code. d. All other animals shall be maintained a minimum of five (5) days following the date of impoundment, Sundays and City holidays excepted. (Ord. #03-87, S9)

After the holding period specified in subsection 7-8.9 has expired, the Animal Control Officer is authorized to dispose of the animal by sale, adoption of the animal, or by humane destruction. Exceptions: If an appeal of the impoundment is pending, the Animal Control Officer may not dispose of the animal until after a determination is made by the Animal Hearing Officer. (Ord. #03-87, S10)

The Animal Control Officer may cause an impounded animal to be destroyed without waiting for the holding period specified in subsection 7-8.9 to expire, when such animal is severely injured, infected with a dangerous or communicable disease or has made an unprovoked vicious attack on a human being. The Animal Control Officer shall make a reasonable effort to notify the owner of the animal, if known, prior to the destruction of the animal. (Ord. #03-87, S11)

a. The owner of an impounded animal may redeem the animal at any time prior to its legal disposition by providing proper identification, obtaining a dog license or other permit when required under this title and paying all fees and charges for the care, feeding and veterinary treatment of the animal. If the owner fails to pay the required fees or charges, or to obtain any required license or permit, the animal shall be treated as unredeemed by the owner and disposed of in accordance with subsection 7-8.10. Exceptions: If the impounded animal has been the subject of an abatement order, the animal shall not be released unless the owner is willing and able to comply with the terms of the abatement order. b. The Animal Control Officer may retain an impounded animal for purposes of investigation or prosecution of any violations of this Code, the City of Clearlake Zoning Ordinance or the laws of the State. If a request for redemption is made by the owner of the animal, the costs of the continued impoundment of the animal from the date the request for redemption is made shall be borne by the City. The owner of the animal may appeal the continued impoundment of the animal within five (5) working days after a request for redemption is denied by the Animal Control Officer. A hearing shall be set before the Animal Hearing Officer within five (5) working days of the filing of the appeal. (Ord. #03-87, S12)

The Animal Control Officer shall require that prior to adoption of an animal the prospective owner sign an agreement providing for spaying or neutering and provide a deposit to ensure compliance with the agreement, and meeting the provisions of State Law (Ca Food and Ag Code 30503) requiring deposit and spay/neutering. (Ord. #03-87, S13)