Colton Municipal Code Ch. 7.06 Vicious and Potentially Dangerous Dog Determinations

For the purpose of this chapter, the following words and phrases shall have the meanings given herein:

"Animal Control Department" or "Department" shall have the same meaning as the definition contained in section 7.02.010 of this title.

"Chief of Police" means the Chief of the Colton Police Department, or designee.

"Enclosure" shall have the same meaning as the definition contained in section 7.02.010 of this title.

"Hearing Authority" means the Code Enforcement Housing Advisory Appeals Board, or such other person or entity designated by the City Manager of the City to administer hearings pursuant to this chapter.

"Impounded" means taken into the custody of the animal shelter or Animal Control Department.

"Potentially Dangerous Dog" means any of the following:

1. Any dog that, when unprovoked, on two separate occasions within the prior twelve month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog;

2. Any dog that, when unprovoked, bites a person causing less than severe injury;

3. Any dog that, when unprovoked, on two separate occasions within the prior thirty-six month period, has seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the Property of the owner or keeper of the dog;

4. Any dog that in a threatening or annoying manner barks, snarls or menaces a person or persons within the City.

"Severe Injury" means any physical injury that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

"Vicious animal" or "dangerous animal" means an animal which:

1. Has attacked or behaved in such a manner that the owner thereof knows or should reasonably know that the animal has tendencies to attack or bite human beings; or

2. Has twice within a twelve-month period bitten, attacked, or shown the disposition, tendency, or propensity to attack, bite, or otherwise cause injury or attempt to cause injury to a person engaged in lawful activity; or

3. Has once attacked or bitten a person engaged in lawful activity, causing death or substantial injury; or

4. Has been determined by a doctor of veterinary medicine, after observation thereof, as posing a danger to humans or domestic animals if not enclosed or muzzled; or

5. Has attacked or behaved in such a manner that the owner thereof knows or should reasonably know that the animal has tendencies to attack domestic animals without provocation; or

6. Has been trained for fighting or as an attack animal, except such animals which are employed by a government agency, including the Police Department of the City or County; or

7. Has been classified as dangerous, potentially dangerous or vicious by any other local, county, or state animal control agency; or

8. When unprovoked has, on two separate occasions within the prior twelve-month period, engaged in any behavior that required a defensive action by any person to prevent bodily injury to himself or herself or another person, during which the person who was attacked and the attacking animal were off the property of the owner or keeper of the animal; or

9. Has been outfitted with a training device for fighting or attack, such as a weighted collar around the neck of the animal, or found to be allowed to hang suspended from an object by biting into and holding onto the object with its jaws, shall be presumed to be an animal trained as a fighting or attack animal; or

10. Is a member of a species, breed, or kind (excluding dogs and cats), which in its wild or untamed condition is capable of and, if aroused, is likely to cause death or serious injury to a human being or which would cause serious fear or alarm to the average person if seen wandering at large in an inhabited community; or

11. Meets the definition of "vicious animal" or "dangerous animal" contained in California Food and Agriculture Code section 31626.

"Vicious animal" shall not include animals owned and used by a government entity, including, but not limited to, public entities' police dogs, guard dogs or sentry dogs.

(Ord. No. O-09-16, § 2, 6-7-2016)

A. This chapter shall not apply to:

1. Licensed kennels, humane society shelters, animal control facilities or veterinarians; or

2. Dogs while utilized by any police department or any law enforcement officer in the performance of police work.

B. In addition, no dog may be declared potentially dangerous or vicious if:

1. Any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass with the intent to commit a crime or other tort (other than a mere trespass) upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime; or

2. The dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault; or

3. An injury or damage was sustained by a domestic animal which, at the time the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog; or

4. The injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(Ord. No. O-09-16, § 2, 6-7-2016)

A. If upon investigation it is determined by the Animal Control Officer or law enforcement officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the Animal Control Officer or law enforcement officer may seize and impound the dog pending the hearings to be held pursuant to this chapter. In such event, the Animal Control Department or Chief of Police shall, not later than ten working days following the seizure and impoundment, petition the Hearing Authority for a determination of the dog as potentially dangerous or vicious at the next available regularly scheduled meeting of the Hearing Authority. The owner or keeper of the dog shall be liable to the Animal Control Department where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious.

B. When a dog has been impounded pursuant to subsection (A) of this section and it is not contrary to public safety, the Animal Control Department shall permit the animal to be confined at the owner or keeper's expense in a Department approved kennel or veterinary facility.

(Ord. No. O-09-16, § 2, 6-7-2016)

If an Animal Control Officer or law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, an Animal Control Officer of the Animal Control Department or the Chief of Police may petition the Hearing Authority for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public, which serves as the evidentiary basis for the Animal Control Officer or law enforcement officer to find probable cause, shall be sworn to and verified by the complainant and shall be attached to the petition. The Animal Control Department or the Chief of Police shall notify the owner or keeper of the dog that a hearing will be held by the Hearing Authority, at which time he or she may present evidence as to why the dog should not be declared potentially dangerous or vicious. The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. The hearing shall be held no fewer than five working days after service of notice upon the owner or keeper of the dog.

For purposes of this section, service shall be deemed complete upon personal service on the owner or keeper or, if service is effectuated by mail, the service shall be deemed complete five days after deposit in the mail if the owner or keeper's address is within the State of California, ten days if the owner or keeper's address is outside the State of California but within the United States, and twenty days if the owner or keeper's address is outside the United States. The hearing shall be open to the public. The Hearing Authority may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, subpoena witnesses and documents and shorten the time to produce records or witnesses. The Hearing Authority may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter.

(Ord. No. O-09-16, § 2, 6-7-2016)

The Hearing Authority of original jurisdiction may decide all issues for or against the owner or keeper of the dog even if the owner or keeper fails to appear at the hearing.

(Ord. No. O-09-16, § 2, 6-7-2016)

A. After the hearing conducted pursuant to Section 7.06.040 of this chapter, the owner or keeper of the dog shall be notified in writing of the determination and Orders issued, either personally or by first-class mail postage prepaid by Hearing Authority. If a determination is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with Sections 7.06.080 to 7.06.130 of this chapter, and any other reasonable requirements designed to protect the health, safety and welfare of the public or other animals, ordered by the Hearing Authority in accordance with a time schedule established by the Animal Control Department or the Chief of Police, but in no case more than thirty days after the date of the determination or thirty-five days if Notice of the determination is mailed to the owner or keeper of the dog. If the petitioner or the owner or keeper of the dog contests the determination, he or she may, within five days of the receipt of the Notice of determination, appeal the decision of the Hearing Authority to the Superior Court of the County. The contesting petitioner or the owner or keeper of the dog shall serve personally or by first-class mail, postage prepaid, Notice of the Appeal upon the other Party.

B. The Court hearing the Appeal shall conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and make other orders authorized by this chapter, based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods set forth in Section 7.06.040 of this chapter and subsection (A) of this section. The Court may admit all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, subpoena witnesses and documents and may shorten the time to produce records or witnesses. The issue shall be decided upon the preponderance of the evidence. If the Court rules the dog to be potentially dangerous or vicious, the Court may establish a time schedule to ensure compliance with this chapter, but in no case more than thirty days subsequent to the date of the Court's determination or thirty-five days if the service of the judgment is by first-class mail.

(Ord. No. O-09-16, § 2, 6-7-2016)

The determination of the Hearing Authority or, if contested pursuant to this chapter, shall be final and conclusive upon all parties.

(Ord. No. O-09-16, § 2, 6-7-2016)

All Vicious Dogs and Potentially Dangerous Dogs shall be properly licensed and vaccinated. The licensing authority shall include the Vicious Dog Designation and potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the Court or Hearing Authority has determined the designation applies to the dog. The Animal Control Department may charge a Vicious Dog Fee or Potentially Dangerous Dog Fee, to be established and amended by the City Council by resolution, in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog.

(Ord. No. O-09-16, § 2, 6-7-2016)

A vicious or Potentially Dangerous Dog, while on the owner or keeper's Property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A vicious or potentially dangerous animal may be off the owner or keeper's premises only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult.

(Ord. No. O-09-16, § 2, 6-7-2016)

If the dog in question dies, or is sold, transferred or permanently removed from the City, the owner or keeper of a vicious or Potentially Dangerous Dog shall notify the Animal Control Department of the changed condition and new location of the dog in writing within two working days.

(Ord. No. O-09-16, § 2, 6-7-2016)

If there are no additional instances of the behavior described in Section 7.06.010 of this chapter within a thirty-six month period from the date of designation as a Potentially Dangerous Dog, the dog shall be removed from the list of Potentially Dangerous Dogs. The dog may, but is not required to be, removed from the list of Potentially Dangerous Dogs prior to the expiration of the thirty-six month period if the owner or keeper of the dog demonstrates to the Animal Control Department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety.

(Ord. No. O-09-16, § 2, 6-7-2016)

A. At the conclusion of any appeals, a dog determined to be a vicious dog may be humanely euthanized by the Animal Control Department when it is found, after proceedings conducted under Section 7.06.040 of this chapter, that the release of the dog would create a significant threat to the public health, safety and welfare.

B. If it is determined that a dog is not vicious, it shall not be euthanized. The Hearing Authority or, if appealed, the Court, may impose conditions upon the ownership and keeping of the dog that protect the public health, safety and welfare.

C. Any enclosure that is required pursuant to subsection B. shall meet the requirements of Section 7.06.010 of this chapter.

(Ord. No. O-09-16, § 2, 6-7-2016)

The owner or keeper of a dog determined to be a Vicious Dog may be prohibited by the Hearing Authority, or if contested, the Court, from owning, possessing, controlling or having custody of any dog for a period of up to three years, when it is found, after proceedings conducted under Section 7.06.040 of this chapter, that ownership or possession of a dog by that person would create a significant threat to the public health, safety and welfare.

(Ord. No. O-09-16, § 2, 6-7-2016)

The failure of an owner or keeper to comply with an Order issued by the Hearing Authority shall be and is hereby declared a Public Nuisance. Such Public Nuisance may be punished as a misdemeanor with a fine not to exceed one thousand dollars, remedied by way of a civil action prosecuted by the City Attorney, or abated by the Animal Control Department. All fines paid pursuant to this section shall be paid to the City for the purpose of defraying the cost of the implementation of this chapter. Nothing contained in this chapter shall be construed as limiting the authority of the City to pursue any other remedy or remedies provided at law or in equity relating to vicious or Potentially Dangerous Dogs, including, without limitation, a criminal action pursuant to Chapter 8.02 of this Code, the issuance of Administrative Citations pursuant to Chapter 8.02 of this Code, or a civil action.

(Ord. No. O-09-16, § 2, 6-7-2016)