Imperial Municipal Code § 4-35 Determination of Animal as Dangerous or Vicious

a) Terms not otherwise defined herein shall have the meaning set forth in California Food and Agriculture Code Sections 31601, et seq.

b) Whenever an animal suspected of being dangerous or vicious is

reported to an animal control officer, or is otherwise observed by an animal control officer, an animal control officer shall investigate the circumstances and, it if is found that such animal by reason of its acts or disposition constitutes a dangerous or vicious animal, such animal shall be determined dangerous or vicious by such animal control officer.

c) Whenever an animal is determined to be dangerous or vicious, the

owner or keeper of such animal shall be notified in writing, stating the facts and circumstances surrounding the determination. The owner or keeper of the animal shall be notified that a hearing will be held at which time the owner or keeper may present evidence as to why the animal should not be declared potentially dangerous or vicious. The hearing shall be held and conducted as set forth in Section 4-35.1

d) Whenever an animal is determined to be dangerous or vicious, an

animal control officer shall order the owner or keeper of such animal to keep such animal within a substantial enclosure, securely restrained, or such other type of control as an animal control officer may deem suitable under the circumstances. Such restraints or enclosures shall be sufficient both to keep the animal from escaping and to prevent access by the public. If suitable restraints of enclosures are not immediately available, or if the owner or keeper of such animal fails or refuses to demonstrate that such restraints or enclosures are available, such animal may be impounded until such time that suitable restraints or enclosures are available. If impounded, such animal shall not be released until the owner or keeper demonstrates, to the satisfaction of an animal control officer, that such restraints or enclosures are in place as ordered.

e) If an animal determined to be dangerous is impounded due to the

lack of suitable restraints or enclosures, and the owner of keeper of such animal is unable

CHAPTER 4 9 ANIMAL CONTROL

or refuses to comply with the order of the animal control officer to acquire or install suitable restraints or enclosures within fourteen (14) calendar days after notice of such order, the animal shall be deemed abandoned or unclaimed, and subject to destruction, in a humane manner, by an animal control officer. The owner or keeper of the animal shall be liable for the costs and expenses of keeping the animal impounded.

f) The administrative appeals board may determine that the animal is

dangerous or vicious and the board may make other orders authorized by this chapter, including affirming any orders previously made by an animal control officer. (Ordinance No. 665)

a) This section establishes the administrative hearing procedure provided in California Food and Agriculture Code sections 31621, et seq., which sections are incorporated herein by this reference.

b) There is created within the city an administrative appeals board

which shall consist of one member to be appointed by and to serve at the pleasure of the city manager.

c) The board shall meet in the City Hall at such time and day as the

board may establish, as frequently as necessary to carry out the purposes of this chapter.

1) The board shall hear all appeals in accordance with the

procedures contained herein.

2) The board is authorized to adopt resolutions and take all

actions necessary and proper to carry out the functions of the board pursuant to the section and this chapter.

3) The board may request through the city manager

information, services, facilities or any other assistance for the purpose of furthering the objectives of this chapter.

d) The board shall hear and dispose of petitions filed as provided in

this chapter. (Ordinance No. 665)