Fremont Municipal Code Art. III Potentially Dangerous Dog Permit

(a) It is unlawful for any person to possess or maintain a potentially dangerous dog unless he or she has a current and valid potentially dangerous dog permit.

(b) The dog owner or person with a right to control a dog classified as potentially dangerous must submit an application for a potentially dangerous dog permit within 15 calendar days after the notice of the classification is placed in the mail or personally served on the dog owner or person with a right to control the dog, whichever date is earlier in time, or within 15 calendar days from service of the administrative hearing officer’s decision pursuant to Section 6.60.080.

(c) The license requirement in Chapter 6.20 is applicable to dogs classified as potentially dangerous.

(d) No dog impounded at the animal shelter and classified as potentially dangerous may be released prior to issuance of both a license pursuant to Chapter 6.20 and a potentially dangerous dog permit. (Ord. 16-2018 § 1, 6-5-18.)

(a) An application for a potentially dangerous dog permit must be made by the dog owner or person with a right to control the dog on a form provided by the animal services manager and must be filed with the animal services manager.

(b) The application must contain all of the following information:

(1) The name, address, and telephone number of the dog owner or person with a right to control the dog;

(2) The physical address where the dog will be kept and, if the dog owner or person with a right to control the dog rents the property, a copy of the notification to the property owner that a potentially dangerous dog will be kept on the property;

(3) Any name(s) by which the dog is called;

(4) The height, weight, color, and any distinguishing physical characteristics of the dog;

(5) A statement specifying all convictions within the past seven years of the dog owner or person with a right to control the dog, by any court of law, for any violation of this title, any laws relating to animals, public nuisance caused by animals, cruelty to animals, use of violence, or possession or sale of controlled substances in this or any other state or country, and any administrative citations issued for violations of this title which were upheld by a hearing officer or which were not contested by the applicant. For purposes of this section, a forfeiture of bail is deemed to be a conviction of the offense charged;

(6) The number of the license issued pursuant to Chapter 6.20 or a statement that an application for such a license is being concurrently filed; and

(7) A recent and clear photograph of the dog.

(c) The dog owner or person with a right to control the dog must affirmatively state on oath or affirmation under penalty of perjury that he or she has the necessary facilities and equipment to comply with all the applicable requirements for maintaining a potentially dangerous dog as prescribed in this chapter and that all the information given on the application is true and correct. (Ord. 16-2018 § 1, 6-5-18.)

(a) The fee for a potentially dangerous dog permit shall be set by resolution of the city council. These fees must be paid by the dog owner or person with a right to control the dog concurrent with submission of the application for a potentially dangerous dog permit.

(b) If the animal services manager denies the applicant a potentially dangerous dog permit, a partial refund, as set forth in the schedule of fees adopted by resolution of the city council, may be granted provided the applicant does not have any other outstanding fees and fines due to the city, and can provide proof that the dog has been disposed of in accordance with state law or ownership has been transferred to another person. (Ord. 16-2018 § 1, 6-5-18.)

(a) Upon completion of the processing of the potentially dangerous dog permit application and payment of the potentially dangerous dog permit fee, the animal services manager must decide whether to grant or deny a potentially dangerous dog permit.

(b) In issuing the potentially dangerous dog permit, the animal services manager may impose any additional conditions which the animal services manager deems reasonably necessary to protect the public health, safety, and welfare. (Ord. 16-2018 § 1, 6-5-18.)

(a) In addition to the license tag required in Chapter 6.20, every dog that is subject to a potentially dangerous dog permit must wear a potentially dangerous dog permit tag provided by the animal services manager.

(b) The tag must have the potentially dangerous dog permit number printed on its face. The tag must have a distinctive shape, size, and color chosen by the animal services manager.

(c) It is unlawful for any person to remove the potentially dangerous dog permit tag except to the extent removal is necessary for:

(1) Bathing the dog;

(2) Rendering veterinarian services; or

(3) Replacing the potentially dangerous dog permit or license tags.

Once removed, the tag must be replaced as soon as reasonably possible.

(d) It is unlawful for any person to attach a potentially dangerous dog permit tag to any dog other than the dog for which it is issued. (Ord. 16-2018 § 1, 6-5-18.)

(a) Any potentially dangerous dog permit issued under this chapter expires 12 months from the date of issuance. The procedure for renewal of the permit is the same as for the original permit.

(b) An application for the renewal of a potentially dangerous dog permit must be made within 30 days prior to the expiration of the permit. Upon failure to make a timely application, the applicant must pay, in addition to the permit fee, a late renewal fee as set forth in the schedule of fees adopted by resolution of the city council. (Ord. 16-2018 § 1, 6-5-18.)

The animal services manager may deny or revoke a potentially dangerous dog permit issued pursuant to this chapter in any of the following situations:

(a) The animal services manager has determined, after inspection or upon complaint from any person, that the applicant or permit holder is in violation of any of the provisions of this chapter, this title or other applicable law that governs the health, safety, and maintenance of dogs.

(b) The animal services manager has reason to believe that the applicant or permit holder has willfully withheld or falsified any information required for the permit or the applicant fails to file a complete application.

(c) If the applicant or permit holder has been convicted by a court of law within the past seven years of any violation of this title, or any other law(s) relating to animals, public nuisance caused by animals, cruelty to animals, use of violence, or possession or sale of controlled substances in this or any other state; or any administrative citations issued for violations of this title which were upheld by a hearing officer or which were not contested by the applicant. For the purpose of this section, a forfeiture of bail is deemed a conviction of the offense charged.

(d) The applicant or permit holder fails to pay in full all fines, and impoundment, boarding or other outstanding fees.

(e) The applicant or permit holder fails to allow the animal services manager or animal control officer to conduct a lawful inspection of the potentially dangerous dog or the premises where the dog is located.

(f) The applicant or permit holder fails to appear at the hearing to appeal the revocation of the potentially dangerous dog permit conducted pursuant to Article IV of this chapter. (Ord. 16-2018 § 1, 6-5-18.)

The potentially dangerous dog permit may not be sold, assigned or transferred and covers only the premises designated and the person to whom the permit was originally issued. (Ord. 16-2018 § 1, 6-5-18.)

(a) The animal services manager has the authority to inspect at any reasonable time and in a reasonable manner the dog that is subject to a potentially dangerous dog permit and the property where the dog is located in order to verify full conformance with the requirements of this title.

(b) The animal services manager may impose an additional fee for any inspection conducted in accordance with subsection (a) of this section, if either the dog owner or person with a right to control the dog has failed to maintain or board the dog in conformity with the requirements of this title. The inspection fee shall be set by resolution of the city council. (Ord. 16-2018 § 1, 6-5-18.)

(a) Both the dog owner and person with a right to control a dog that is subject to a potentially dangerous dog permit are required to notify the animal services manager immediately if the dog:

(1) Is running at large; or

(2) Has attacked another domestic animal or a person.

(b) The dog owner and person with a right to control the dog may not move the place of residence of the dog within the city, sell, trade, give away, or otherwise transfer ownership and/or the right to control the dog to a person residing within the city, unless the animal services manager has issued a potentially dangerous dog permit for the new location and/or to the person assuming ownership and/or right to control the dog.

(c) If either the dog owner or person with a right to control the dog decides to sell, trade, give away, or otherwise transfer ownership and/or the control of the dog to a location outside of the city or to another person residing outside the city, the person transferring ownership and/or right to control must:

(1) Notify the animal services manager at least seven business days prior to the physical transfer of the dog;

(2) Provide the animal services manager with the name, address, and telephone number of the new owner or person with a right to control the dog; and

(3) Return the potentially dangerous dog permit tag to the animal services manager.

(d) In the event the dog dies, the owner or person with a right to control the dog must notify the animal services manager and return the potentially dangerous dog permit tag within 10 business days of the death of the dog. (Ord. 16-2018 § 1, 6-5-18.)

If a potentially dangerous dog permit has been denied or revoked, the animal services manager may refuse to accept a new potentially dangerous dog permit application from the same applicant for two years from the date of such denial or revocation. (Ord. 16-2018 § 1, 6-5-18.)

If there are no additional instances of the behavior or characteristics of a potentially dangerous dog within a 36-month period from the date of the designation as a potentially dangerous dog, either the owner or person with a right to control the dog may petition the animal services manager to remove the dog’s designation as a potentially dangerous dog. (Ord. 16-2018 § 1, 6-5-18.)