Corona Municipal Code Ch. 6.14 Potentially Dangerous and Vicious Dogs

(A) If an animal control officer determines that probable cause exists to believe a dog is potentially dangerous or vicious, the supervisor of the Animal Control Bureau or the Chief of Police, or their designee, shall file a petition with the Animal Control Board for a hearing to determine 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 shall be sworn to and verified by the complaining party and attached to the petition.

(B) The Animal Control Board shall cause notice of the hearing to be provided to the owner or keeper of the dog, as well as to any other responsible party if an animal control officer determines such notice to be appropriate under the circumstances, along with a copy of the petition and any accompanying information filed with the Animal Control Board. The hearing notice shall include the date, time and location of the hearing, as well as a statement that the owner, keeper or other responsible party may present evidence at the hearing. Notice shall be provided either: (1) by personal delivery; (2) by posting the premises where the animal is kept (for notice to an owner, keeper or other responsible party who resides at or occupies the premises where the animal is kept); or (3) by postage prepaid first-class certified mail, with return receipt requested, and by postage prepaid first-class standard mail. If notice is posted on the premises, it shall be posted on the front door or primary entrance to the premises, or at a location which is visible from the street and which is as close to the front door or primary entrance to the premises as is reasonably possible, and time and date-stamped photographic evidence of the posting shall be taken and preserved as part of the file for the matter. Notice shall be deemed delivered when personally delivered, posted on the premises, or when deposited in the U.S. mail.

(C) The hearing shall be open to the public and held not less than five business days or more than ten business days after service of the notice upon the owner or keeper of the dog; provided, however, that the Animal Control Board can extend the hearing date for good cause in its discretion. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-examine opposing witnesses who have testified under direct examination; provided, however, that the Animal Control Board may limit the scope of discovery and may shorten the time to produce records or witnesses. The Animal Control Board may also admit all relevant evidence, including incident reports and affidavits of witnesses, if it is the type on which reasonable persons are accustomed to rely in the conduct of their affairs, regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in a civil action. The rules of privilege are applicable to the extent they are permitted in civil actions. Oral evidence may be taken on oath or affirmation. Irrelevant collateral, undue or repetitious evidence shall be excluded. The Animal Control Board may decide all issues even if any or every owner, keeper or other responsible party fails to appear at the hearing. The Animal Control Board may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter.

(`78 Code, § 6.10.020.) (Ord. 3170 § 1 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2036 § 3 (part), 1990.)

After the hearing conducted pursuant to § 6.14.010, the Animal Control Board shall cause notice of the determination and orders issued to be provided to the owner, keeper or other responsible party to whom the notice of hearing was sent. Notice shall be provided either: (1) by personal delivery; or (2) by postage prepaid first-class certified mail, with return receipt requested, and by postage prepaid first-class standard mail. Notice shall be deemed delivered when personally delivered or when deposited in the U.S. mail. If the Board determines that the dog is potentially dangerous or vicious, the owner or keeper shall comply with §§ 6.14.050 to 6.14.120 within ten calendar days after delivery of the determination and orders.

(`78 Code, § 6.10.030.) (Ord. 3170 § 1 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2036 § 3 (part), 1990.)

If any party contests the determination, he or she may appeal the Animal Control Board’s decision pursuant to Chapter 1.09 of this code. Any further appeal to a court of competent jurisdiction, as provided for in § 1.09.090, shall be conducted pursuant to Cal. Food and Agricultural Code §§ 31622, 31623 and 31624, or other applicable law.

(`78 Code, § 6.10.040.) (Ord. 3170 § 1 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2883 § 7, 2007; Ord. 2036 § 3 (part), 1990.)

If an animal control officer determines that probable cause exists to believe the dog in question poses an immediate threat to public safety, he or she may seize and impound the dog pending the hearings held pursuant to this chapter. If the dog is later determined to be potentially dangerous or vicious, the owner or keeper of the dog will be liable for costs and expenses of impounding the dog. The Chief of Police may, in his or her sole discretion, authorize the dog to be confined in a city-approved kennel or veterinary facility, at owner’s expense and in lieu of impoundment, if public safety would not be jeopardized.

(`78 Code, § 6.10.050.) (Ord. 3170 § 1 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2036 § 3 (part), 1990.)

As required by Chapter 6.12 regarding licensing and vaccination, all potentially dangerous and vicious dogs shall be properly licensed and vaccinated. The city’s licensing records shall reflect that the dog has been designated as a potentially dangerous or vicious dog. The city may charge a potentially dangerous or vicious dog fee in an amount established by resolution of the City Council, in addition to the regular licensing fee, to provide for the increased costs of maintaining the records of the dog.

(`78 Code, § 6.10.070.) (Ord. 3170 § 1 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2036 § 3 (part), 1990.)

The owner or keeper of a potentially dangerous or vicious dog must keep the dog indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. Any responsible party, as defined in Chapter 6.04, must take all reasonable steps to ensure that the owner or keeper of a potentially dangerous or vicious dog complies with the provisions of the prior sentence, otherwise the responsible party shall be in violation of this section. A potentially dangerous dog may be off the owner’s or keeper’s premises only if it is restrained by a substantial leash of appropriate length and if it is under a responsible adult’s control.

(`78 Code, § 6.10.080.) (Ord. 3170 § 1 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2036 § 3 (part), 1990.)

The owner or keeper of a potentially dangerous or vicious dog must notify the Animal Control Bureau if the potentially dangerous or vicious dog dies, is sold, transferred or permanently removed from the City of Corona.

(`78 Code, § 6.10.090.) (Ord. 3170 § 1 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2036 § 3 (part), 1990.)

The Animal Control Board may remove a dog from the list of potentially dangerous dogs if no additional instances of potentially dangerous dog behavior, as defined in § 6.04.020, occurs within a 36 month period from the date of designation as a potentially dangerous dog.

(`78 Code, § 6.10.100.) (Ord. 3170 § 1 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2036 § 3 (part), 1990.)

The owner or keeper of a vicious dog shall apply for and receive a permit from the Animal Control Bureau, pursuant to § 6.16.020 of this code, and shall be subject to all of the terms and conditions of Chapter 6.16.

(`78 Code, § 6.10.110.) (Ord. 3170 § 1 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2036 § 3 (part), 1990.)

The owner or keeper of any dog declared to be a vicious dog under the provisions of this chapter, as well as any responsible party as defined in Chapter 6.04, shall post and maintain on the premises on which the dog is kept one or more signs provided by the city. The city may charge a fee for the cost of each sign in an amount established by resolution of the City Council. The number, size, content, style and location of the sign(s) to be posted shall be determined by the Police Chief, or his or her designee, in their sole discretion; provided, however, that the sign(s) shall at least have letters two inches or more in width and height and shall contain at least the following text or something substantially similar:

“BEWARE OF VICIOUS DOG

POSTED BY ORDER OF THE CORONA ANIMAL CONTROL BOARD

(C.M.C. CHAPTER 6.14)”

(Ord. 3170 § 1 (part), 2014.)

A vicious dog may be euthanized if the Animal Control Board determines that the release of the dog would create a significant threat to the public health, safety or welfare. If the Animal Control Board determines that the vicious dog should not be euthanized, it must impose conditions upon the dog’s owner or keeper, or upon any responsible party as defined in Chapter 6.04, that will protect the public health, safety and welfare. If one of the conditions is to require that the vicious dog be confined in an enclosure, the enclosure must be designed in order to prevent the animal from escaping and include a fence or structure suitable to prevent young children from entering.

(`78 Code, § 6.10.130.) (Ord. 3170 § 1 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2036 § 3 (part), 1990.)

The city may prohibit the owner or keeper of a vicious dog, as well as any responsible party as defined in Chapter 6.04, from owning, possessing, controlling or having custody of any dog for a period of up to three years when the Animal Control Board finds, after a hearing conducted under this Chapter 6.14, that such ownership or possession would create a significant threat to the public health, safety or welfare.

(`78 Code, § 6.10.140.) (Ord. 3170 § 1 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2036 § 3 (part), 1990.)

Nothing herein shall prevent the City Attorney from commencing or causing to be commenced a civil or criminal proceeding to address a violation of this chapter under other applicable law, including to abate a public nuisance as provided for in § 1.08.020 of this code.

(Ord. 3170 § 1 (part), 2014.)