Farmersville Municipal Code Art. VI Potentially Dangerous or Vicious Animals

Level 1

A. Any animal which, when unprovoked engages in any behavior that requires a defensive action by any person to prevent bodily injury while the person is upon public property or lawfully upon private property.

B. Any animal which, when unprovoked attacks and/or causes any minor injury, either directly or indirectly to any animal that is lawfully upon public or private property.

Level 2

A. Any animal which, when unprovoked attacks and/or causes any minor to moderate injury, either directly or indirectly to any human that is lawfully upon public or private property.

B. Any animal which, when unprovoked attacks and/or causes moderate to serious injury, either directly or indirectly to any animal that is lawfully upon public or private property.

(Ord. 420 (part), 2006)

A. Any animal which, when unprovoked attacks and/or causes severe injury or death, either directly or indirectly to any human that is lawfully upon public or private property.

B. Any animal which, when unprovoked attacks and/or causes the death, either directly or indirectly to any animal that is lawfully upon public or private property.

(Ord. 420 (part), 2006)

A. The officer shall summarily declare any animal to be vicious whenever there is evidence the animal has attacked, bitten or caused injury to any human or other animal.

B. Whenever possible, the animal control officer shall first obtain signed statements from the victim, complainant and/or witnesses prior to impoundment.

C. The officer shall impound the animal pending humane destruction, complete and provide a copy of a potentially dangerous or vicious animal notice of impound to the animal owner.

D. The animal control officer shall provide the owner with a request for a potentially dangerous or vicious animal hearing. The owner must complete and submit the request for a hearing to the animal control officer within six business days to request a hearing and avert the animal's destruction.

E. Upon receipt of a valid request for a potentially dangerous or vicious animal hearing, the animal control officer shall halt the destruction order and schedule a hearing with the hearing officer and shall notify the animal owner with the date, time and location of the hearing within two business days upon scheduling. The notification shall be delivered to the owner in a sealed envelope at Farmersville City Hall and the owner shall sign for receipt. The owner shall forfeit the right to a hearing for failing to request a hearing within the specified time pursuant to subsection D of this section.

(Ord. 420 (part), 2006)

The animal owner may waive his or her right to a hearing and accept the hearing officer's decision at anytime. The owner shall sign a hearing waiver acknowledging the intent to forego the hearing.

(Ord. 420 (part), 2006)

A. If the owner requests a hearing pursuant to Section 6.01.520(E) of this article, the owner shall provide a three hundred dollars bond to the city for the care and maintenance of the animal during the hearing process. The bond shall be presented upon submission of a request for a potentially dangerous or vicious animal hearing and shall be nonrefundable if the animal is found to be vicious.

B. If the animal is found to be potentially dangerous and returned to the owner. The owner shall be responsible to pay all fees due to the animal shelter prior to redemption.

1. If the fees are greater than the required bond, the owner shall be responsible for the remainder. A lien shall remain upon the animal until such fees are paid.

2. If the fees are less than the required bond, the remainder shall be refunded to the owner.

C. If the animal is found not potentially dangerous or vicious, the entire bond shall be returned to the owner.

(Ord. 420 (part), 2006)

A. A hearing requested in accordance with Section 6.01.520(E) of this article, shall be conducted before a hearing officer.

B. The hearing shall be open to the public. The owner may, at his or her expense, employ a shorthand reporter to report the hearing and/or be represented by counsel. All persons providing testimony or providing evidence shall be sworn before commencement. The hearing shall be tape recorded. The hearing officer shall hear all pertinent evidence offered by all interested parties. The technical rules of evidence shall not be applicable to the hearing, except that the hearing officer's decision may not be based wholly on hearsay evidence. Each side shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues at the hearing. If the owner does not testify on his or her behalf, he or she may be called and examined as if under cross-examination (except where criminal charges are pending or if it is possible that such charges may be brought against the owner). The owner has the right to rebut the evidence against him or her. The owner's animal shall be presumed to be vicious and the burden is on the owner to present evidence that the animal is not.

C. In making a determination that an animal is potentially dangerous or vicious, the hearing officer shall consider the following evidence:

1. The nature and extent of injuries inflicted as determined by a licensed physician or veterinarian;

2. The nature and extent of the attack;

3. The location of where the attack occurred;

4. The presence or absence of any provocation for the attack;

5. Any previous history (reported or unreported) of the animal attacking, biting or causing injury to humans or other animals;

6. Whether the animal exhibits an aggressive temperament or unpredictable behavior in the presence of humans or other animals;

7. Whether the animal exhibits any characteristics of being trained to fight or attack or any other evidence to show such training;

8. Any other relevant evidence concerning the animal.

(Ord. 420 (part), 2006)

A. At the conclusion of the hearing, the hearing officer shall review all evidence and determine the animal is:

1. Not a potentially dangerous or vicious animal and should be returned to the owner;

2. A potentially dangerous animal Level 1 or 2 and that the conditions of ownership pursuant to Section 6.01.555 of this article shall be enforced;

3. A vicious animal and shall be humanely destroyed.

B. The hearing officer shall issue a notice of decision in writing within five business days. The notice of decision shall be delivered to the owner in a sealed envelope, either personally at Farmersville City Hall or by U.S. Postal Certified Mail return receipt requested at the address appearing upon the request for a potentially dangerous or vicious animal hearing. A copy of the decision shall be delivered to the animal control officer.

C. If the hearing officer declares the animal potentially dangerous Level 1 or 2, the owner shall sign an ownership compliance and understanding accepting the conditions of ownership of a potentially dangerous animal within five business days of receipt of the notice of decision.

D. If the hearing officer declares the animal to be vicious, the animal shall be humanely destroyed on the fifth business day following notification of the owner.

(Ord. 420 (part), 2006)

The owner of the animal shall have the right to contest the notice of decision issued by the hearing officer. The owner shall within five business days following receipt of the notice advise the hearing officer and the animal control officer in writing of his or her intent to appeal the decision. The owner shall appeal the decision of the hearing officer pursuant to Section 1094.6 of the California Code of Civil Procedure where and to the extent said section may be applicable.

(Ord. 420 (part), 2006)

Any animal impounded and declared to be a potentially dangerous or vicious shall be humanely destroyed upon occurrence of any of the following:

A. Expiration of six business days from the date of impoundment without receipt of a request for a potentially dangerous or vicious animal hearing pursuant to Section 6.01.520(D) of this article from the animal owner;

B. Expiration of five business days from the receipt of the hearing officer's decision that the animal is vicious pursuant to Section 6.01.540(A)(3) of this article, unless the owner has filed an action with the county superior court seeking judicial review;

C. Expiration of five business days from receipt of the hearing officer's decision that the animal is potentially dangerous pursuant to Section 6.01.540(A)(2) of this article and the owner has not complied with Section 6.01.540(C) of this article;

D. Expiration of ten business days following the entry of an order by the Tulare County Superior Court upholding the decision of a hearing officer that the animal is vicious.

The animal control officer shall sign an order authorizing the destruction.

(Ord. 420 (part), 2006)

A. No animal shall be impounded, 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 was committing or attempting to commit a crime or other tort upon the premises occupied by the owner of the dog.

B. No animal shall be impounded, if the animal was protecting or defending a person within the immediate vicinity of the animal from an unlawful attack or assault.

C. No animal shall be impounded, if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the animal.

D. No dog utilized by any police department or any law enforcement officer shall be impounded or declared a potentially dangerous or vicious animal for any injury or damage sustained by any person, if the injury or damage was sustained in the performance of police work.

(Ord. 420 (part), 2006)

Level 1

A. The following conditions shall be inspected, verified or enforced by the animal control officer. The animal owner shall accomplish the following conditions at the owner's expense on or before the time period(s) specified:

1. Acquire rabies vaccination within ten business days;

2. Microchip the animal within ten business days for animal tracking;

3. The animal must be spayed or neutered within ninety days. The animal shall not be bred or permitted to give birth prior to the surgical altering of the animal. The owner shall immediately notify the animal control officer, if the animal is accidentally bred or has been diagnosed by a licensed veterinarian as being pregnant;

4. Obtain a potentially dangerous animal permit from the city prior to release (the permit is nontransferable and only valid at the location/address specified upon the request for a dangerous or vicious animal hearing or upon the location allowed by the hearing officer);

5. At all times, securely contain the animal within the residence, in a secure enclosure capable of containing the animal or by appropriate restraint. All gates leading into the enclosure must be padlocked to preclude the escape of the animal. If the animal is kept within the residence, the owner shall preclude the animal from bolting out any door when opened;

6. If the animal is kept within an enclosure, the enclosure shall be maintained by the owner and shall be inspected daily by the owner, and maintained when needed;

7. Post a sign on every gate or entryway of the property where the animal is maintained. Such notice shall either be purchased from the city or be approved by the city. The notice shall state:

a. Be no less than twenty-four inches by twenty inches,

b. "Beware potentially dangerous animal" in three-inch letters in high contrast on a black background,

c. In both English and Spanish;

8. The animal must be muzzled, restrained by a substantial leash not exceeding eight feet in length and under the control of an adult eighteen years or older whenever the dog is off the property. All other animals shall be placed into an appropriate animal carrier when removed from the property. At no time shall an animal be left unattended when off the property of the owner;

9. Possess and maintain general liability insurance or a "personal umbrella liability policy" from an insurer licensed to practice in the state of California, in a single incident amount of not less than twenty-five thousand dollars for each animal declared potentially dangerous covering property damage and bodily injury caused by potentially dangerous animals for as long as he or she owns, keeps or harbors the animal. The policy shall contain a provision requiring that the city of Farmersville be notified by the insurance company upon cancellation, termination or expiration of the policy. Proof of such insurance shall be filed with animal control;

10. A probationary period of three years;

11. Written authorization must be obtained from the property owner (if not the animal owner) or rental/lease agency to keep, maintain or house the animal;

12. Farmersville animal control shall have the right to conduct no notice inspections to ensure compliance with this section;

13. The hearing officer may require additional conditions or restrictions upon the ownership of the animal. The hearing officer shall not delete or modify present conditions.

Level 2

A. The following conditions shall be inspected, verified or enforced by the animal control officer. The animal owner shall accomplish the following conditions at the owner's expense on or before the time period(s) specified by these conditions:

1. Acquire rabies vaccination within ten business days;

2. Microchip the animal within ten business days for animal tracking;

3. The animal must be spayed or neutered within ninety days. The animal shall not be bred or permitted to give birth prior to the surgical altering of the animal. The owner shall immediately notify the animal control officer, if the animal is accidentally bred or has been diagnosed by a licensed veterinarian as being pregnant;

4. Obtain a potentially dangerous animal permit from the city prior to release (the permit is nontransferable and only valid at the location/address specified upon the request for a dangerous or vicious animal hearing or upon the location allowed by the hearing officer);

5. At all times securely contain the animal within the residence, in a secure enclosure capable of containing the animal or by appropriate restraint. All gates leading into the enclosure must be padlocked to preclude the escape of the animal. If the animal is kept within the residence the owner shall preclude the animal from bolting out any door when opened;

6. If the animal is kept within an enclosure, the enclosure shall be maintained by the owner and shall be inspected daily by the owner, and maintained when needed;

7. Post a sign on every gate or entryway of the property where the animal is maintained. Such notice shall either be purchased from the city or be approved by the city. The notice shall state:

a. Be no less than twenty-four inches by twenty inches,

b. "Beware potentially dangerous animal" in three-inch letters in high contrast on a black background,

c. In both English and Spanish;

8. The animal must be muzzled, restrained by a substantial leash not exceeding eight feet in length and under the control of an adult eighteen years or older whenever the dog is off the property. All other animals shall be placed into an appropriate animal carrier when removed from the property. At no time shall an animal be left unattended when off the property of the owner;

9. Possess and maintain general liability insurance or a "personal umbrella liability policy" from an insurer licensed to practice in the state of California, in a single incident amount of not less than one hundred thousand dollars for each animal declared potentially dangerous covering property damage and bodily injury caused by potentially dangerous animals for as long as he or she owns, keeps or harbors the animal. The policy shall contain a provision requiring that the city of Farmersville be notified by the insurance company upon cancellation, termination or expiration of the policy. Proof of such insurance shall be filed with animal control;

10. Written authorization must be obtained from the property owner (if not the animal owner) or rental/lease agency to keep, maintain or house the animal;

11. A probationary period of five years, in which, the owner must maintain and comply with the conditions of ownership;

12. Farmersville animal control shall have the right to conduct no notice inspections to ensure compliance with this section;

13. The hearing officer may require additional conditions or restrictions upon the ownership of the animal. The hearing officer shall not delete or modify present conditions.

(Ord. 420 (part), 2006)

It shall be unlawful for the owner to give away, sale or relocate any animal, which has been declared a potentially dangerous animal while the animal is currently under probation. Transfer of ownership or relocation must be approved prior to transfer by the city manager. Current and future owner must complete and sign the transfer of ownership. The new owner must accept all conditions of ownership. Any person violating the provisions of this section shall be guilty of an infraction punishable by a fine of five hundred dollars per day of violation.

(Ord. 420 (part), 2006)

It shall be unlawful for the owner of any animal declared potentially dangerous to violate any of the probationary terms set forth in the conditions of ownership of a potentially dangerous animal. Any violation shall result in the immediate impoundment of the animal. The animal shall be summarily declared a vicious animal and humanely destroyed. Any person violating the provisions of this section shall be guilty of a misdemeanor punishable by imprisonment in the county jail not to exceed six months or by a fine of one thousand dollars or by both fine and imprisonment.

(Ord. 420 (part), 2006)