Diamond Bar Municipal Code Div. 3 Dangerous Dogs

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State Law reference— Local programs not prohibited, Food and Agricultural Code § 31683.

Within the city there are dangerous dogs that constitute a public menace which should be abated. The provisions of this chapter set forth administrative procedures by which a dog found to be a danger to the public safety may become subject to appropriate controls following a hearing at which oral and documentary evidence is considered. This division is intended to supplement rather than supplant any other remedy available under state statute or city ordinance.

(Ord. No. 14(1989), § 2(10.37.010), 6-27-89)

(a) As used in this division, the term "dangerous dog" means any dog which:

(1) Has bitten or caused serious injury to a person or domestic animal without provocation;

(2) Menaces or attempts to bite or attack any person without provocation, or destroys property;

(3) Engages in an attack which requires a defensive action by any person to prevent bodily injury or property damage when such person is acting in a peaceful and lawful manner; or

(4) Engages in or is found to have been trained to engage in exhibitions of fighting.

(b) The provisions of this division shall not apply to any dog assisting a peace officer engaged in law enforcement duties, or guide, signal or service dogs for the blind, deaf or physically disabled, while performing their duties.

(Ord. No. 14(1989), § 2(10.37.020), 6-27-89)

(a) An owner or custodian of a dog who permits, allows or causes a dog to run, stray or be uncontrolled or at large upon a public street, sidewalk, park or other public property, or in or upon private property of another person, is guilty of a public offense punishable as an infraction or, if such dog or other animal bites, attacks or causes injury to any human being or other animal, such person is guilty of an offense punishable as a misdemeanor.

(b) Any violation of the provisions of this section which is found to be an infraction or misdemeanor shall be punishable as provided in section 1.04.010.

(c) Any person convicted under this section shall not own, possess, control or be in charge of any dog for a period of three years from the date of conviction. The city's agent shall not issue or renew any license or permit for any animal, except that upon the written request of the person so convicted, the director may, upon a showing of good cause, authorize the issuance of such license or permit.

(Ord. No. 14(1989), § 2(10.37.030), 6-27-89; Ord. No. 03(2016), § 4, 2-2-16)

(a) Notwithstanding the provisions of any other ordinance, the director may, in his discretion, upon receipt of an affidavit from any person who has been bitten, or from a person who has witnessed such occurrence, or upon receipt of an affidavit from a person who has witnessed a dog engaged in any other behavior as described in section 6.08.620, immediately cause the impoundment of any such dog reported to have caused the injury or exhibited such dangerous behavior if such impoundment appears necessary to prevent immediate injury to person or property, or if it appears that the owner of such dog is either unwilling or incapable of maintaining confinement and control of such dog.

(b) A duly authorized employee or agent of the city's agent may enter and inspect private property in the manner as set forth in section 10.12.210 of the County Code. Upon inspection, the city's agent may act to enforce the provisions of this section.

(c) Any owner or custodian of a dog subject to the provisions of this section shall immediately surrender custody of such dog at the request of the director. A violation of the provisions of this subsection is a misdemeanor punishable as provided in section 1.04.010.

(d) Within 72 hours after impoundment of any dog pursuant to this chapter, the director shall give written notice of such impoundment to the owner or custodian, with a summary of the facts justifying impoundment. Such notice shall be mailed to the owner's or custodian's last known address, giving the date, time and place for a hearing on the impoundment, and advising the owner or custodian of the right to be present with or without counsel. A copy of any affidavit submitted to the director pursuant to this section shall accompany the written notice of impoundment.

(Ord. No. 14(1989), § 2(10.37.040), 6-27-89)

(a) Not later than 20 days after impoundment of any dog pursuant to this chapter, the director shall conduct a hearing to determine whether or not the impounded dog is a dangerous dog. The director may grant a reasonable extension of time to hold such hearing upon the request of the owner or custodian of the dog. If, prior to the time set for hearing, the director finds that the facts upon which the dog was impounded are unfounded, and determines that no imminent danger to the safety of the community would exist should the impounded dog be released, he may order the release of the dog prior to the hearing.

(b) The director may consider any relevant oral or documentary evidence submitted by the city's agent or by the owner or custodian of the impounded dog. The city's agent and the owner or custodian may produce and cross examine witnesses. The director, at his discretion, may appoint a duly authorized city agency senior officer to conduct such hearings. All hearings shall be recorded for purposes of any future appeals.

(c) At the close of the hearing or within ten days thereafter, from the evidence presented, the director shall determine whether or not the impounded dog is a dangerous dog and shall issue a written notice of decision based upon the evidence presented at the hearing, provided that no dog shall be determined to be a dangerous dog if such dog is found to have:

(1) Bitten, attacked or menaced a trespasser while such dog was confined on the property of its owner;

(2) Injured or menaced a person who has tormented or abused it; or

(3) Injured or menaced a person while protecting its owner or custodian.

(d) Any dog declared after a hearing to be dangerous, if not already impounded by the city's agent, shall be immediately surrendered to the city's agent. A violation of the provisions of this subsection is a misdemeanor punishable as provided in section 1.04.010.

(e) Any dog declared to be dangerous shall be humanely destroyed, provided the director shall not authorize the destruction of the dog until after the time for notice of appeal provided for in section 6.08.670 has expired, or in the event of an appeal, until 30 days after the dangerous animal appeal board's decision affirming that the dog is dangerous, and written notice has been sent, by certified mail, to the owner's or custodian's last known address. In no event shall the director permit destruction of a dog declared to be dangerous pending an appeal of the city agent's findings in a court proceeding.

(f) Any dog declared, after hearing, not to be dangerous, shall be returned to the owner or custodian.

(g) If it is determined that the bite, attack or injury was the result of negligent or improper training, handling or maintenance, the director may set appropriate conditions that prevent the recurrence of a similar incident. Such conditions may include, but need not be limited to, the requirement that the owner or custodian of the dog maintain general liability insurance or bond with a combined single limit of up to $300,000.00 per occurrence, and that the owner show proof thereof to the city's agent. The director shall give written notice of any conditions imposed immediately upon the release of the dog to the owner or custodian. The failure to comply with the conditions imposed by the director upon an owner or custodian of a dog released after a hearing is a misdemeanor punishable as provided in section 1.04.010.

(Ord. No. 14(1989), § 2(10.37.050), 6-27-89)

(a) Pending a hearing on the matter, in lieu of impoundment the director may permit a dog subject to the provisions of this division to be confined in a dog kennel or veterinary facility, approved by the city's agent at the owner's or custodian's expense, or at the owner's or custodian's residence, provided that:

(1) The owner or custodian shall make the dog available for observation and inspection upon request by city's agent or members of law enforcement agencies; and

(2) The owner or custodian shall not remove the dog from any kennel, veterinary facility or residence approved for impoundment pending a hearing without the written approval of the director.

(b) All costs incurred by the city's agent in impound and related expenses under this chapter, including care and feeding, shall be chargeable to the owner or custodian of the dog, unless it is determined that such owner or custodian is not liable for any criminal penalty as provided for in this chapter, or it is determined that such dog is not dangerous within the meaning of section 6.08.620.

(Ord. No. 14(1989), § 2(10.37.060), 6-27-89)

Any person dissatisfied with any decision of the director at a hearing on impoundment may, within ten days after such decision is announced at the conclusion of the hearing, otherwise within 15 days of receipt by the owner or custodian of the subject dog of written notice of the decision, file with the city's agent a notice of appeal to the city manager or his/her designee. The notice shall be signed by the appellant or by his attorney, and shall be sufficient if it states in substance that the appellant appeals from a specified decision or a particular part thereof. The notice shall contain no argument, evidence or points and authorities of law. The notice of appeal may, however, state briefly the grounds upon which the appeal is taken.

(Ord. No. 14(1989), § 2(10.37.090), 6-27-89; Ord. No. 02(2011), § 4, 2-1-11)

Upon receipt by the director of the notice of appeal, he or she shall take action in accordance with section 6.08.720. If the city manager or his/her designee, pursuant to section 6.08.720, grants a hearing, the director shall give not less than ten days written notice of the date, time, and place of such a hearing, and also stating whether or not additional evidence may be introduced by the appellant. The city manager or his/her designee, at a hearing upon appeal, may permit the introduction of and consider additional evidence, or it may at its option consider only the records of the proceedings before the city's agent, together with any exhibits received in evidence during such proceedings. In either case, the city manager or his/her designee may hear and consider additional argument and points and authorities of law, and may require parties before it to submit such argument and points and authorities of law prior to rendering any decision.

(Ord. No. 14(1989), § 2(10.37.100), 6-27-89; Ord. No. 02(2011), § 5, 2-1-11)

With every notice of appeal pursuant to this division, the appellant shall deposit with the city's agent an amount which the city's agent estimates to be ample to cover the cost of one original and two copies of the transcription of the recording of all hearings held by the city's agent on the matter resulting in the decision from which the appeal is taken. For the purpose of this section, the costs shall be assumed to be the amount provided by law as fees of the county clerk for preparing such transcripts.

(Ord. No. 14(1989), § 2(10.37.110), 6-27-89)

(a) Records and accounting. The city's agent shall keep a permanent and accurate account of all deposits received on appeal from impoundment hearings, giving the name of the appellant upon whose account the same was deposited, the date and amount thereof, together with the number of the case to which they relate.

(b) Deficiencies and refunds. If the actual cost of the transcripts, as defined in section 6.08.690, is more than the amount deposited by the appellant, such appellant shall deposit the deficiency; if less, the city's agent shall refund the difference to the appellant.

(Ord. No. 14(1989), § 2(10.37.120, 10.37.130), 6-27-89)

Upon filing of a notice of appeal pursuant to sections 6.08.670 and 6.08.690, or as soon thereafter as practicable, the department shall transmit to the city manager or his/her designee all exhibits introduced in evidence before the hearing on impoundment, and one original and two copies of the transcript of all testimony.

(Ord. No. 14(1989), § 2(10.37.140), 6-27-89; Ord. No. 02(2011), § 6, 2-1-11)

(a) Upon receiving the documents and transcripts required by section 6.08.710, the city manager or his/her designee may:

(1) Set the matter for hearing in accordance with section 6.08.680.

(2) Recommend that the director take such action as, in its opinion, is indicated by such evidence; or

(3) Refer the matter back with or without recommendations to the director for further proceedings.

(b) In no case, however, shall any decision to destroy a dog be upheld by the city manager or his/her designee unless the appellant shall have been given an opportunity to appear in person to present argument and/or points and authorities of law.

(Ord. No. 14(1989), § 2(10.37.150), 6-27-89; Ord. No. 02(2011), § 7, 2-1-11)