Commerce Municipal Code Ch. 8.06 Dangerous Animals

To the extent of any conflict or inconsistency between the provisions of this chapter and the provisions of Chapter 8.04, the provisions of this chapter shall prevail. Where there is no conflict or inconsistency, the definitions set forth in Section 8.04.020 shall apply to this chapter, and the provisions of Chapter 8.04 shall be applied generally to supplement the provisions of this chapter.

(Ord. 407 §2(part), 1987).

A person who owns or is in charge of or controls or who possesses a dog or other animal who permits, allows or causes the dog or other animal to run, stray, be uncontrolled or in any manner be in, upon, or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person is guilty of a misdemeanor if said dog or other animal bites, attacks or causes injury to any human being or other animal.

Any person convicted under this chapter shall not own, possess, control or be in charge of any animal of the type which caused the bite, attack or injury for a period of three years from the date of conviction. The chief animal control officer shall not issue or renew any license or permit for said type of animal for the person so convicted.

(Ord. 407 §2(part), 1987).

(a) The chief animal control officer shall have the power to summarily and immediately impound a dog or other animal where there is evidence it has attacked, bitten or injured any human being or other animal:

(1) Pending any court or dog license or animal permit revocation proceeding arising from the attack, bite or injury; or

(2) To undertake a hearing pursuant to Section 8.06.040. The chief animal control officer may enter and inspect private property to enforce the provisions of this section, as provided by Section 8.04.090.

Failure to surrender to the chief animal control officer upon demand a dog or other animal which is subject to being impounded pursuant to this section is a misdemeanor.

A dog or other animal, impounded pursuant to the authority of this section, shall be returned to the owner or custodian as provided by Section 8.06.040 or when it is no longer required as evidence, or if a notice of a hearing pursuant to Section 8.06.040 to declare the dog or other animal a dangerous animal has not been served on the owner or custodian within seven days after the impoundment.

(b) In lieu of impound, the chief animal control officer may permit the dog or other animal to be confined at the owner's or custodian's expense in a chief animal control officer approved dog kennel or veterinary facility within the city or at the owner's or custodian's residence provided that the owner or custodian:

(1) Shall not remove the dog or other animal from the kennel, veterinary facility or residence without the prior written approval of the chief animal control officer; and

(2) Shall make the dog or other animal available for observation and inspection by the chief animal control officer or members of law enforcement or their authorized representatives.

(c) The chief animal control officer may have a dog or other animal impounded or confined as provided in subsections (a) or (b) above, permanently identified by means of photo identification prior to release from impound or confinement.

(Ord. 407 §2(part), 1987).

(a) Hearing. The chief animal control officer shall conduct a hearing to determine whether or not a dog or other animal confined or impounded pursuant to Section 8.06.030 is a dangerous animal. The hearing shall be conducted in an informal manner, and shall afford the owner and the owner's witnesses a full opportunity to be heard. Notice of the time and place of the hearing shall be served upon the owner, either personally or by prepaid first class mail, within seven days after the impoundment of the animal and at least seven days prior to the hearing.

(b) Dangerous Animal—Declared. The chief animal control officer, after a hearing, may declare any dog or other animal to be a dangerous animal whenever it has bitten, attacked or caused injury to any human being or other animal.

(c) Determination of Dangerous Animal—Evidence. In making a determination that a dog or other animal is or is not dangerous, evidence of the following shall be considered:

(1) Any previous history of the dog or other animal attacking, biting or causing injury to a human being or other animal;

(2) The nature and extent of injuries inflicted and the number of victims involved;

(3) The place where the bite, attack or injury occurred;

(4) The presence or absence of any provocation for the bite, attack or injury;

(5) The extent to which property has been damaged or destroyed;

(6) Whether the dog or other animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;

(7) Whether the dog or other animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals;

(8) Whether the dog or other animal can be effectively trained or re-trained to change its temperament or behavior;

(9) The manner in which the dog or other animal had been maintained by its owner or custodian;

(10) Any other relevant evidence concerning the maintenance of the dog or other animal;

(11) Any other relevant evidence regarding the ability of the owner or custodian, or the chief animal control officer, to protect the public safety in the future if the dog or other animal is permitted to remain in the city.

(d) Dangerous Animal—Disposition.

(1) It is unlawful for any person to own, possess, harbor or keep any dog or other animal declared by the chief animal control officer, after a hearing, to be dangerous.

(2) Any dog or other animal declared by the chief animal control officer to be dangerous, if not already impounded by the chief animal control officer, shall be immediately surrendered to the chief animal control officer, and it is the duty of the chief animal control officer to take up and impound any such dog or other animal.

(3) Any dog or other animal declared to be a dangerous animal shall be humanely destroyed. The chief animal control officer shall sign an order authorizing the destruction of the dog or other animal within two days after the time for appeal as provided in Section 8.06.050 has passed without an appeal being filed, or after the fifth day after the city council's decision affirming that the dog or other animal is a dangerous animal has been served upon the chief animal control officer and the appellant.

(e) Dog or Other Animal—Not Dangerous—Procedure. If it is determined that the dog or other animal is not dangerous, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, the dog license or animal permit may:

(1) Be revoked if it is determined that the owner or custodian is unable or unwilling to properly train, handle or maintain the dog or other animal and a similar incident is likely to occur in the future in the absence of proper training, handling or maintenance; or

(2) Be reissued with reasonable terms, conditions or restrictions imposed for the training, handling or maintenance of the dog or other animal to protect the public health, safety and welfare if it is determined that the owner or custodian is able and willing to properly train, handle or maintain the dog or other animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance.

(f) Revoked License—Previously Impounded or Confined.

(1) If a dog or other animal has been impounded or confined pursuant to Section 8.06.030 and its license or permit has been revoked pursuant to subsection (e)(1) of this section and the owner or custodian wishes to reclaim and remove it from the city, the chief animal control officer shall release it provided that the dog or other animal is taken to its new location immediately and directly upon its release from impound or confinement. Failure to remove the dog or other animal permanently, immediately and directly from the city upon release from impound or confinement is a misdemeanor. All pound fees shall be paid prior to the release of the dog or other animal.

(2) Any dog or other animal which has previously been impounded or otherwise confined and which has not been claimed within five calendar days of service of a notice of revocation of its license or permit shall be deemed abandoned and shall be disposed of by the chief animal control officer in accordance with this chapter. Notwithstanding the above, the owner may enter into a written agreement with the chief animal control officer to take additional time to remove, or to cause the dog or other animal to be removed, to a new location outside the city. Such additional time shall not exceed ten days. All pounds fees shall be paid prior to the release of the dog or other animal.

(g) Animal Identification. Any dog or other animal subject to this section must be permanently identified by the chief animal control officer by the use of photographs or permanent making, or both, prior to its release from impound or confinement.

(h) Any person whose dog or other animal has been declared dangerous or whose license or permit has been revoked under this section shall not own, possess, control or be in charge of any animal of the type declared to be dangerous or whose license or permit has been revoked for a period of three years from the date of the action declaring the animal dangerous or revoking the license or permit. The chief animal control officer shall not issue or renew any license or permit for said type of animal for such person.

(Ord. 407 §2(part), 1987).

An appeal may be taken to the city administrator from any decision of the chief animal control officer pursuant to this chapter. Such appeal shall be delivered in writing to the city clerk within five days of the service upon the appellant of the decision from which the appeal is taken. The city clerk shall schedule such appeal within ten business days. The hearing shall afford the owner and the owner's witnesses a full opportunity to be heard. Notice of the time and place of the hearing shall be served upon the owner, either personally or by prepaid first class mail prior to the hearing. The decision of the city administrator shall be final and notice of such decision shall be served upon the chief animal control officer and upon the appellant. Service on the appellant shall be either personal or by prepaid first class mail.

(Ord. 407 §2(part), 1987; Ord. No. 640, § 1, 9-6-2011)