Dorris Municipal Code Ch. 6.12 Vicious and Potentially

DANGEROUS ANIMALS Sections: 6.12.010 6.12.020 6.12.030 6.10.040 6.10.050 6.12.010 Determination-Hearing. Appeal of determination-Appeals board. Determination-- Exclusions. Licensing and disposition. Violations-Penalties Determination--Hearing A. "Vicious animal" means an animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior: l. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself peaceably and lawfully; 2. An attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal; 3. An attack, without provocation, that results in an injury to a person in a place where such person is conducting himself peaceably and lawfully; 4. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peaceably and lawfully. B. It is unlawful for the owner and/or possessor of a vicious animal to maintain the animal within the city limits except: In the event that an animal which has been declared or found to be vicious is found to be in the city, and the owner thereof declares that he is entitled to keep such animal within the city, 73 then the owner shall be entitled to a hearing before a hearing committee appointed by the city council, at which hearing it shall be determined: I. Whether under any circumstances the owner should be allowed to keep the said vicious animal; 2. If allowed, the specific requirements for maintaining the animal, including any additional fees; and 3. The specific sanctions for failure of the owner to maintain the animal within and pursuant to the limits set forth. C. A dog determined to be a vicious dog may be destroyed by the animal control department when it is found after proceedings conducted under Section 6.12.020 that the release of the dog would create a significant threat to the public health, safety and welfare. I. If it is determined that the dog found to be vicious shall not be destroyed, the appeals board shall impose conditions upon the ownership of the dog that protect the public health, safety and welfare. 2. Licensing and registration requirements for a vicious dog which is not destroyed shall be set forth in Section 6.04.040 for potentially dangerous dogs. (Ord. 191 § 6.04.280, 2001)

Appeals board. F. If the animal control officer or other enforcement officer has investigated and determines that there exists probable cause to believe that a dog is potentially dangerous or vicious, the owner or keeper of the dog shall be served with a notice of such determination, either personally or by first class mail. If the owner or keeper of the dog contests the determination, he or she may, within five days of the receipt of notice of determination, appeal the determination to an appeals board consisting of a city council member, city clerk

and the Siskiyou County Animal Control Officer, or their designee/s. The determination of the appeals board shall be final and conclusive upon all parties. (Ord. 191 § 6.04.281, 2001)

A. No dog 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 dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog 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 or tormenting, abusing or assaulting the dog. B. No dog may be declared potentially dangerous or vicious if 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 the species or type of domestic animal appropriate to the work of the dog. (Ord. 191 § 6.04.282, 2001)

A. Any dog which has been determined to be potentially dangerous shall be property licensed and vaccinated. The designation of potentially dangerous shall be included in the registration records of the dog. The animal control officer shall charge an addition fee of one hundred dollars ($1 00.00) in addition to the regular licensing fee charged in Section 74 6.16.030 for the first year's license following designation as potentially dangerous or vicious and an additional fifty dollar ($50.00) fee each year thereafter. B. A dog determined to be potentially dangerous or vicious, while on the owner's property shall at all times be kept indoors, or in a secured fenced yard from which the dog cannot escape and into which children and mentally handicapped people cannot trespass. A potentially dangerous or vicious dog may be off the owner'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. 191 § 6.04.283, 200 I)

Violations involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars ($500.00). Violations involving a vicious dog shall be punished by a fine not to exceed one thousand dollars ($1,000.00). (Ord. 191 § 6.04.284, 2001)

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I Sections: 6.16.010 6.16.020 6.16.030 6.16.040 6.16.050 6.16.060