Gilroy Municipal Code § 4.30 Regulation of dangerous dogs

(a) The administrator shall determine whether any dog is a dangerous dog as defined in section 4.1.

(1) The making of such determination shall focus on the dog’s behavior or characteristics and shall be based upon an investigation that includes observation of and testimony about the dog’s behavior or characteristics, including the dog’s upbringing and the owner’s control of the dog. These observations and testimony can be provided by animal control officers or by other witnesses who personally observed the animal’s behavior or characteristics. The witnesses shall sign a written statement attesting to this behavior.

(2) The administrator or animal control officer shall give the dog’s owner written notice of the determination by personal service or by posting a notice of the determination on the front door of the residence of the owner or person who has a right to control the animal. The notice shall state, at a minimum, the following: the determination that has been made; the date of notice posting or personal service; that the owner or person with the right to custody or control of the dog has the right to request a hearing on that determination within seventy-two (72) hours of the date of posting or personal service; that failure to request a hearing within the stated seventy-two (72) hours shall be deemed an admission of the determination made; and a brief statement of the types of restrictions that apply to the dog under this chapter once the determination becomes permanent by virtue of the failure of the person served or noticed to request a hearing.

(3) If the owner denies that the behavior in question occurred, the owner may request a hearing before the administrator, which shall be conducted in accordance with the hearing process set forth in section 4.56. The administrator shall determine whether behavior or characteristics specified under section 4.1 were exhibited or possessed by the dog in question.

(4) Once the owner has received notice of the dog’s classification as a level 1, 2, or 3 dangerous dog pursuant to subsection (a)(2) of this section, the owner shall comply with restrictions specified in the notice until such time as the administrator’s final decision is issued. Failure to comply with the specified restrictions pending the completion of all appeals shall be a violation of this chapter. Additionally, the administrator shall have authority to impound the dog pending completion of all appeals.

(5) If the administrator finds that a dog has engaged in level 3 behavior, the dog shall be impounded pending completion of all appeals. If the administrator’s final decision is that the dog engaged in level 3 behavior, the dog’s owner shall be liable for the cost of the dog’s impoundment.

(6) The imposition of regulations pursuant to this section shall not prevent the administrator from also issuing a citation pursuant to this chapter.

(7) Upon a conviction for a second violation of any provision of this chapter, the administrator or animal control officer may order impoundment of the dog.

(b) In addition to any other requirements of this chapter, the owner of a dog that has been determined to be a dangerous dog under the processes provided for in this chapter shall comply with the following:

(1) If the dog has engaged in level 1 behavior or has been designated a level 1 dangerous dog as defined in section 4.1, the dog shall be restrained by a physical device or structure that prevents the dog from reaching any public sidewalk or adjoining property whenever that dog is outside the owner’s home and not on a leash under the control of a person at least eighteen (18) years of age and who is physically capable of restraining the animal. The administrator shall adopt administrative rules establishing specifications for the required device or structure. The administrator may require that the dog’s owner prove financial responsibility, including posting a bond or certificate of insurance in the amount of three hundred thousand dollars ($300,000). Additionally, the city shall be named as an additional insured on such policy or bond.

(2) If the dog has engaged in level 2 behavior or has been designated a level 2 dangerous dog, the owner or person in control of the dog shall need the following:

a. Enclosure Required. The owner or person in control shall confine the dog within a building or secured enclosure whenever the dog is not inside the home of the owner or on a leash as described in subsection (b)(2)(b) of this section. Such kennel, pen or structure must have secure sides and a secure top attached thereto. Such enclosure must be constructed in a manner so that it cannot be broken down by any action of the confined dog. All structures used for confinement of such animals must be locked with a key or combination lock of sufficient strength to ensure confinement of such animals. Such structures must be erected upon a secure bottom or floor constructed of concrete or other materials sufficient to prevent the animal from digging free. Sides of the structure shall be embedded not less than two (2) feet into the ground behind a solid fence not less than six (6) feet in height. The secure enclosure must be located so as not to interfere with the public’s legal access to the owner’s property.

b. Off-Premises Securement. A level 1 and 2 dog may be permitted off the premises only when it is securely muzzled, and is leashed on a leash not to exceed three (3) feet in length and under the control of a person eighteen (18) years of age or older, and who is physically capable of restraining the animal. The leash must be capable of restraining four (4) times the weight of the animal. The leash must be attached to an escape-proof commercial-quality walking harness which fastens securely across the shoulders and mid-chest, encompassing the rib area and upper abdomen of the dog. No collar of any type or material will be sufficient to satisfy the requirements of this subsection. Level 2 dangerous dogs shall not be leashed or tethered at any time to inanimate objects such as trees, posts, or buildings. The muzzling device must be constructed so that it is impossible for the dog to remove it without human assistance.

(3) Transportation of level 2 dangerous dogs shall only be in locked animal carriers equivalent in construction quality to those used by commercial air carriers.

(4) No level 2 dangerous dog shall be left unconfined nor unattended in or about any motor vehicle.

(5) Level 2 dangerous dogs enclosed in a house, apartment, building or similar structure shall be allowed only where the windows and doors of the structure are secured to prevent such dog from exiting without the assistance of the owner or person with the right to control such dog.

(6) The administrator may require that the level 2 dangerous dog owner prove financial responsibility including posting a bond or certificate of insurance in the amount of five hundred thousand dollars ($500,000). Additionally, the city shall be named as an additional insured on such policy or bond.

a. Any dog that has been determined in accordance with the determination and hearing and appeal processes set forth in this chapter to be a level 3 dangerous dog as defined in section 4.1 shall be euthanized.

b. In addition to the normal licensing fees established by the city council, the administrator is authorized to establish an additional annual fee for dogs that have been classified as level 1, 2, or 3 dangerous dogs in accordance with section 4.1.

(7) All dogs classified as a level 1, 2 or 3 dog will be required to be sterilized at the owner’s expense.

(8) The owner/guardian or person with a right to control a dog that has been classified as a level 1, 2 or 3 dog consistent with sections 4.1 and 4.30 must have a microchip inserted into the dog by a licensed veterinarian, within twenty (20) days of the designation as a level 1, 2 or 3 dog, for identification purposes. This requirement is at the owner’s expense. The owner/guardian or person with a right to control the dog must provide the administrator with the identifying information listed on the microchip and the information must be noted in the city’s licensing record for that dog.

(Ord. No. 2010-06, § IV, 4-5-2010)

(a) It is unlawful for any owner/guardian of a dangerous dog or person with a right to control a dangerous dog to allow or permit such dog to bite any person or animal that is lawfully on either private or public property.

(b) For the purposes of this section, a “bite” is any cut, laceration, tear, bruise, abrasion, or injury inflicted in or on the epidermis of a person or animal, whether or not that bite is considered a rabies risk by the State of California Health Department.

A civil action for damages against the owner/guardian of a dangerous dog or person with a right to control a dangerous dog which bites any person or animal on either private or public property may be instituted by the human victim of such bite. Damages may include actual damages, costs, attorneys’ fees, and a civil penalty of five thousand dollars ($5,000) in addition thereto. The court also may award punitive damages in a proper case. Nothing in this section limits any other right or remedy otherwise available in law or equity to any part, nor limits the city’s rights to enforcement under this chapter.

(c) In the case of a bite by a dog, the court, in determining punitive damages, may consider whether the dog was or should have been licensed and properly maintained as a potentially dangerous dog pursuant to this chapter.

(d) This section does not apply to dog bites inflicted by dogs owned or maintained by the city of Gilroy police department and/or its members while such dogs are being used for law enforcement purposes.

(Ord. No. 2010-06, § V, 4-5-2010)