Costa Mesa Municipal Code Ch. VII Aggressive, Potentially Dangerous and Vicious Animals

(a) Potentially dangerous animal means any of the following:

(1) Any animal that menaces, chases, displays threatening or aggressive behavior or otherwise threatens or endangers the safety of any person or domestic animal.

(2) Any animal that due to a combination of size, strength and aggressiveness, as demonstrated by aggressive or threatening behavior directed against a person or animal at a place and time where the person or animal was conducting themselves peaceably and lawfully, would constitute a substantial danger to the life or safety of people or animals if not subject to the potentially dangerous animal provisions of this article.

(3) Any animal that aggressively bites or causes physical injury to any person or domestic animal.

(b) Vicious animal means any animal which has bitten a person or animal without provocation, thereby killing or inflicting severe injury upon its victim or, which menaces, attempts to bite or attack any person or animal without provocation, more than once within a twelve-month period, or which habitually does any other act which reasonably endangers the health or safety of any person, or which habitually damages or destroys property.

(c) Severe injury means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

(d) No animal may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing or assaulting the animal, or was committing or attempting to commit a crime. No animal may be declared potentially dangerous or vicious if the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault. No animal may be declared potentially dangerous or vicious if 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 animal.

(Ord. No. 07-16, § 1, 8-7-07)

Whenever an animal suspected of being potentially dangerous or vicious is reported, the circumstances shall be investigated and if it is found that such animal has done any of the acts or shown a disposition or propensity to do any of the acts declared in this chapter to constitute a potentially dangerous or vicious animal, the owner or harborer shall be notified in writing, stating all of the facts and circumstances. The owner or harborer shall be ordered to keep such animal within a substantial enclosure constructed of material easily cleaned and kept in a sanitary condition and, as a minimum, providing sufficient space to stand up, lie down, and turn around in a natural position or, securely attached to a chain or any other type of control in accordance with Health and Safety Code § 122335(c)(I) within an enclosure pursuant to section 3-17 of this title, which the police chief may deem adequate under the circumstances. If such restraint or control is impossible or impracticable, the animal shall be impounded until the owner or harborer is able to comply with the police chiefs order. If the owner or harborer fails to provide adequate restraint or control of such animal as ordered by the police chief within a reasonable time, such owner or harborer shall be liable to prosecution for violation of this section and the animal shall be subject to summary destruction.

(Ord. No. 07-16, § 1, 8-7-07)

Whenever the police chief receives a report of a potentially dangerous or vicious dog, he may order the owner to post and keep posted upon the premises where such dog is kept under restraint as provided by this article, a notice containing the words "Beware of Dog." Each letter of said notice shall be not less than two inches in height and the notice will be displayed in plain and conspicuous view. Failure to obey such order in any respect shall render such owner liable to prosecution for violation of this section and shall render such vicious dog subject to summary destruction.

(Ord. No. 07-16, § 1, 8-7-07)

(a) If after review of the animal control officer's investigation the chief of police, or his or her designee, determines that there exists probable cause to believe that an animal is potentially dangerous or vicious, he or she shall designate an animal control officer or superior officer not involved in the investigation as the "hearing officer" to conduct an administrative hearing to determine whether or not said animal is 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 verified by the complainant. Said complaints shall be signed and dated by the complainant. The chief of police or his designee shall notify the animal owner or keeper of the animal that a hearing will be held by the police department at which time he or she may present evidence as to why the animal should not be declared potentially dangerous or vicious. The owner or keeper of the animal shall be served with notice of the hearing and the complaint, either personally or by first-class mail with return receipt requested. The hearing shall be held promptly within no fewer than five working days nor more than 15 working days after the service of notice upon the owner or keeper of the animal. The hearing shall be open to the public. The hearing officer may admit into evidence all related evidence, including incident reports, photographs, witness's statements, veterinarian records, etc., and may shorten the time to produce records or witnesses. The hearing may find, upon a preponderance of the evidence, that the animal is potentially dangerous or vicious and make other orders authorized by this chapter.

(b) After a hearing is conducted pursuant to subsection (a), the owner or keeper of the animal shall be notified in writing of the determination and orders issued by the hearing officer, either personally or by certified mail with return receipt requested. If the owner or keeper of the animal contests the determination, he or she may, within 15 days of the receipt of the notice of determination, appeal the decision by filing a letter of appeal with the chief of police. The chief of police shall designate a superior officer to the hearing officer to schedule and conduct a hearing within 15 working days of receipt of the appeal request and shall notify the appellant of said date in person or by certified mail with return receipt requested. The appellant may introduce evidence to show that the animal is not potentially dangerous or vicious or that the imposed conditions of the order are inappropriate. The appeal officer shall conduct the hearing de novo, and shall make an independent determination as to whether the animal is potentially dangerous and/or vicious based upon the evidence presented. The decision of the appeal officer shall be final.

(c) If the animal in question dies, or is sold, transferred, or is permanently removed from the City of Costa Mesa, the owner of the dangerous or vicious animal shall notify the animal control staff of the changed condition and new location and ownership of the animal in writing within five working days.

(d) If there are no additional incidents of the behavior or acts as described in subsections 3-164 within a thirty-six-month period from the date of designation as or potentially dangerous animal, the animal may no longer be considered potentially dangerous animal and removed from such designation. The animal may, but is not required to be, removed from such designation prior the thirty-six-month period, but not less than twelve-month period, if the owner or harborer of the animal demonstrates to the satisfaction of the chief of police or his designee that changes in circumstances have occurred, or measures have been taken by the owner or harbor, such as behavioral training and/or appropriate restraint measures, to mitigated or eliminate any safety risk to the public and other animals.

(e) Any animal determined to be vicious under the provisions of this chapter may be ordered banned from the city or humanely destroyed if the chief of police or his designee finds that:

A. The owner or harborer of said animal has failed to, is unwilling to, or is unable to comply with the conditions of any existing vicious declaration/order.

B. The owner or harborer of any said animal impounded under this chapter fails to, or is unwilling to, or is unable to retrieve their pet and comply with the conditions of any new or established order within a thirty-day period.

C. The release of the animal would create a significant threat to public health, safety, or welfare.

(Ord. No. 07-16, § 1, 8-7-07)

Any owner of an animal who violates any provision of this title may be issued a correction warning or cited as an infraction or misdemeanor and punished in accordance with the provisions of this Code.

(Ord. No. 07-16, § 1, 8-7-07)