Hanford Municipal Code Ch. 6.16 Dangerous Animals

It is unlawful for a person to keep a dangerous/vicious animal as the term is defined in Section 6.16.020. Any animal which has been found to be dangerous/vicious pursuant to the ordinance code of the city, or of this county, or any other county or city pursuant to any state statute, shall be conclusively presumed to be dangerous/vicious.

(Ord. 20-05 § 1, 2020)

Whenever the following terms are used in this chapter, such terms will have the following meanings:

"Business day"

means Monday through Friday, excluding official state holidays.

"Dangerous/vicious animal"

means an animal determined by the animal control officer to have attacked, bitten or caused injury to any human or other animal.

"Hearing officer"

means any person appointed by the city manager to preside over the administrative hearing provided for in this chapter

(Ord. 20-05 § 1, 2020)

A. The animal control officer shall declare any animal to be dangerous/vicious whenever the animal control officer has received evidence that the animal has attacked bitten, caused injury to any human or other animal, or other evidence that the animal is dangerous/vicious. Upon such declaration, the animal control officer shall have the authority to impound the animal pursuant to Section 6.04.040

B. If the animal declared to be dangerous/vicious pursuant to subsection A is wearing a license tag, the animal control officer shall notify the licensed owner within two business days of impoundment that the animal has been declared dangerous/vicious. The notice shall also include the following:

1. A statement of the facts upon which the declaration was based;

2. Notification that the owner has a right to an administrative hearing to review the animal control officer's determination pursuant to Section 6.16.050;

3. Notification that, unless a request for an appeal before the hearing officer is received within five business days of impoundment, the animal will be disposed of pursuant to Section 6.16.070; and

4. A copy of the text of Chapter 6.16 and Chapter 6.24. Such notice is required only if the animal is wearing a license tag. The notice, if required by this section, shall be, mailed or delivered to the animal's owner personally or posted in a conspicuous location at the owner's known address or the address provided in the license application.

C. The owner of an animal declared to be dangerous/vicious pursuant to subsection A and impounded pursuant to Section 6.24.030 may, within five business days of impoundment, request a hearing by the hearing officer to review the animal control officer's determination that the animal is dangerous/vicious.

D. When a hearing is requested pursuant to subsection C of this section, the animal control officer shall set a date and time for such a hearing and send a notice thereof by regular mail at least five business days before such date to the owner at the address set forth on his or her request and shall also notify the victim and the hearing officer. The date of such hearing shall not be more than 10 business days after the animal control officer's receipt of the request for a hearing.

(Ord. 20-05 § 1, 2020)

Within two business days after an animal which is wearing a license tag is impounded, the animal control officer shall mail a notice of the impounding to the owner of the animal at the address shown on the application for the license which is on file in the office of the animal shelter or applicable designee, and advise the owner of the procedure whereby he or she may regain custody of the animal. A fee shall be paid by the owner to the city anytime that the animal control officer transports an animal to the animal shelter. A fee for boarding and care of the animal shall also be charged. The fees shall be determined by city resolution based upon the cost of providing the service.

(Ord. 20-05 § 1, 2020)

A. A hearing requested in accordance with Section 6.16.030 or held pursuant to Section 6.16.080(D), shall be conducted before the hearing officer. The animal control officer shall send notice of this hearing to any victims bitten, attacked or injured by the animal, and to any known witness of such bite, attack, or injury.

B. The hearing shall be open to the public. The owner may be represented by a licensed attorney at law. The hearing officer shall hear all pertinent evidence offered by all interested persons. 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. The owner and the animal control officer shall each 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, even though the matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. If the owner does not testify on his or her own behalf, he or she may be called and examined as if under cross-examination, except where criminal charges under Sections 6.08.060 or 6.16.090 are pending against the owner or if it is possible that such charges may be brought against the owner. All persons testifying shall be recorded, either through audio recorder or through a shorthand reporter, at the hearing officer's option, and persons so testifying shall be informed of such recording. The hearing officer shall keep a log of the testimony and documentary evidence received during the hearing, and the documentary evidence submitted to the hearing officer shall be retained by the animal control officer until all appeal periods have elapsed.

C. Any animal which has attacked, bitten or caused injury to a human being or other animal is presumed to be dangerous/vicious and the burden is on the owner to present evidence that the animal is not dangerous/vicious.

D. In making a determination that an animal is or is not dangerous/vicious, evidence of the following shall be considered (not in any specific order of preference):

1. Any previous history of the animal attacking, biting or causing injury to a human being or other animal; however, the lack of any such history shall not be the sole grounds for a determination that the animal is not dangerous/vicious;

2. The nature and extent of injuries inflicted and the number of victims involved;

3. The location where the bite, attack or injury occurred;

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

5. The extent to which property has been damaged or destroyed;

6. Whether the animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;

7. Whether the animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or other animals;

8. Whether the animal can be effectively trained to change its temperament or behavior;

9. The manner in which the animal has been maintained by its owner or custodian;

10. Any other relevant evidence concerning the maintenance of the animal including, but not limited to, evidence that the animal's license had been revoked on a prior occasion pursuant to Section 6.16.060(A), and the owner was required to partake in training pursuant to Section 6.16.080, or meet other obligations of probation; and

11. Any other relevant evidence regarding the ability of the owner or custodian to protect the public safety in the future if the animal is permitted to remain in the city.

(Ord. 20-05 § 1, 2020)

A. At the conclusion of the hearing, the hearing officer may determine:

1. That the animal is not a dangerous/vicious animal and should be returned to its owner;

2. That the evidence presented at the hearing is insufficient to determine whether the animal is dangerous/vicious, but there is sufficient evidence to determine that the attack, bite or injury was the result of improper or negligent training, handling or maintenance and that the license should be revoked and proper training of the owner and dog be required pursuant to the probationary provisions of Section 6.16.080;

3. That the animal is a dangerous/vicious animal and it should be humanely destroyed no sooner than the tenth (10th) business day following the mailing of notice of the hearing officer's decision, pursuant to Section 6.16.070(C).

B. The decision of the hearing officer shall be in writing and shall be delivered personally to the owner or mailed to him or her by regular mail at the address appearing on the request for hearing. A copy of the decision shall be mailed to the animal control officer. If the decision concludes that the animal is dangerous/vicious, the decision shall include the following notification:

"This decision is final. The animal's owner may seek judicial review of this decision by filing a petition for writ of mandate with the Kings County Superior Court, pursuant to Hanford Municipal Code Section 6.16.060(C). and California Code of Civil Procedure Section 1094.6. If you file such an action, you must also notify the animal control officer in writing. If no such petition is filed and no written notice is received by the animal control officer within 10 business days of the date this decision is mailed to you, the animal control officer will order the destruction of the animal in a humane manner."

C. The decision of the hearing officer shall be considered the final decision. The animal's owner may seek judicial review of the hearing officer's decision by filing a petition for writ of mandate with the Kings County Superior Court, pursuant to the applicable provisions of California Code of Civil Procedure Section 1094.6.

(Ord. 20-05 § 1, 2020)

A. It is unlawful for any person to own, possess, harbor or keep any animal declared to be dangerous/vicious.

B. Any animal declared to be dangerous/vicious, if not already impounded, shall be immediately surrendered to the animal control officer, and it is the duty of the animal control officer to take up and impound any such animal.

C. Any animal declared to be dangerous/vicious shall be humanely destroyed. The animal control officer shall sign an order authorizing the destruction of the animal immediately upon occurrence of any of the following:

1. Expiration of five business days from the date of impoundment without receipt by the animal control officer of a request for appeal pursuant to Section 6.16.030(C);

2. Expiration of 10 business days from the mailing of a hearing officer's decision that the animal is dangerous/vicious pursuant to Section 6.16.060(A)(3), unless the owner has filed an action with the Kings County Superior Court seeking judicial review pursuant to Section 6.16.060(C);

3. Expiration of 10 business days following the entry of an order by the Kings County Superior Court upholding the decision of a hearing officer that the animal is dangerous/vicious.

(Ord. 20-05 § 1, 2020)

If it is determined that the animal is not dangerous/vicious, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, then the following conditions will be enforced:

A. Training will be required of the owner and the animal, and the hearing officer, in consultation with the animal control officer, shall set a probationary period and shall set the terms and conditions of the training and other tasks to be completed by the owner during such period;

B. The current license will be revoked and a "provisional" dog license will be issued during the probationary period;

C. After submission of evidence to the animal control officer of successful completion of the probationary period, the dog shall have its license reinstated for the remaining time as specified under Section 6.12.060.

D. Any violation of the probation terms set forth by the hearing officer will result in immediate impoundment. Within 10 business days of such impoundment, the animal control officer shall set a hearing with the hearing officer for the purpose of making a new determination whether the animal is dangerous/vicious, and shall notify the animal's owner of such hearing. All of the evidence of the previous hearing or hearings as well as new evidence regarding the violation of the probation terms shall be considered by the hearing officer. The hearing shall be conducted in the manner specified in Section 6.16.050. At the conclusion of the hearing, the hearing officer may either establish new probation terms or determine that the animal is dangerous/vicious, in which case the hearing officer shall give the owner a written determination pursuant to Section 6.16.060.

(Ord. 20-05 § 1, 2020)

In any case wherein an animal attacks, bites or injures a human being or another animal, then such act shall constitute a separate and distinct violation. Any person whose animal attacks, bites or injures a human being or attacks another animal, shall be guilty of a misdemeanor.

(Ord. 20-05 § 1, 2020)