King City Municipal Code Art. 2 Potentially Dangerous or Vicious Animals

This article is intended to reduce the risk of serious attacks or bites by dogs and other animals. The provisions of this article set forth the procedures for finding an animal potentially dangerous or vicious and subjecting the animal to appropriate controls and enforcement actions. This article is intended to supplement rather than supplant any other remedies available under this code or state law.

(Ord. 659 § 2, 2005)

As used in this chapter, the following words and phrases shall have the following meanings:

“Animal services officer”

means a city of King City animal services officer, assistant, or the city manager’s designee.

“Hearing officer”

means a person designated by the city manager to conduct an administrative hearing. The designated hearing officer shall be an impartial person, such as:

(1)

A city employee from a department or division other than the police department, animal services division, or code enforcement division;

(2)

Someone selected randomly from a panel of law students and/or local attorneys willing to volunteer as a hearing officer; or

(3)

Someone hired from an organization which provides hearing officers, in which case the cost will be shared equally by the city and the person cited.

“Owner”

of an animal shall include a keeper, custodian, handler, or a person having immediate control of the animal.

“Potentially dangerous”

describes an animal meeting any of the following criteria:

(1)

Any animal which, when unprovoked, on two separate occasions within the prior thirty-six months, engages in aggressive behavior including but not limited to growling, barking, chasing, lunging, and behaving in a manner that requires a defensive action by a person to prevent bodily injury when the animal is off the property of the owner of the animal.

(2)

Any animal which, when unprovoked, bites a person inflicting a less severe injury than that defined in this section.

(3)

Any animal which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner of the animal.

“Severe injury”

means any physical injury to a human being that results in muscle tear or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

“Vicious”

describes an animal meeting any of the following criteria:

(1)

Any animal which, when unprovoked, inflicts severe injury on or kills a human being.

(2)

Any animal previously determined to be a potentially dangerous animal which, within thirty-six months after its owner has been notified of this determination, engages in any of the behaviors described in this section.

(3)

Any dog seized under Section 599aa of the California Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the California Penal Code.

(Ord. 659 § 2, 2005)

(a) Any animal that the animal services officer believes to be potentially dangerous shall be impounded by or surrendered to the animal services officer, or quarantined upon the owner’s property in an approved enclosure, as directed by the animal services officer.

(b) The animal services officer shall take the severity of the injury and the number of attacks and the circumstances into consideration in making his or her determination. If the animal services officer determines an animal to be potentially dangerous, he or she may take any of the following actions or a combination thereof:

(1) Take no further action against the animal and its owner;

(2) Order that the animal be put on a leash not to exceed six feet long whenever accessible to public and/or be securely tied or chained or muzzled as ordered by the animal services officer;

(3) Order that the owner of such animal shall immediately keep such animal in a run which is totally enclosed or held securely on a chain, or kept under other adequate control as approved by the animal control officer. Or, if any of these means of restraint is impossible or impracticable, order that such animal shall be impounded in the animal shelter facility at the owner’s expense, until such time as the owner of such animal shall provide for the restraint of the animal either in a run which is totally enclosed or held securely on a chain or kept under other adequate control as approved by the animal control officer;

(4) Order that the animal be spayed or neutered, at the owner’s expense, within thirty days of the potentially dangerous animal determination;

(5) Order that the owner or possessor of the animal and the animal attend at least one-eight week training course, acceptable to the animal control officer, on dog obedience;

(6) Order any other appropriate reasonable action; and

(7) In addition to any of the above, the animal services officer may order the owner to reimburse the city for the cost of maintaining the animal, if applicable.

(c) The animal services officer, or his or her designee, is authorized to make whatever inspections he or she deems necessary to ensure compliance with this chapter, the provisions of his or her order and, if such order is appealed, any order the hearing officer may issue under Section 9.08.180 of this chapter.

(d) The animal services officer shall notify the owner of the animal in writing of his or her determination as well as the owner’s right to appeal the officer’s decision within five business days, either in person or by first class mail with return receipt requested.

(e) If an animal has been determined to be potentially dangerous under this section, the owner may appeal such determination and any order resulting therefrom by serving written notice of such appeal on the city clerk’s office within ten business days of mailing or personal delivery of the animal services officer’s notification.

(Ord. 659 § 2, 2005)

(a) Any animal that the animal services officer believes to be vicious shall immediately be impounded by or surrendered to the animal services officer, or immediately quarantined upon the owner’s property in an approved enclosure, as directed by the animal services officer.

(b) The animal services officer shall take the severity of the injury and the number of attacks and the circumstances into consideration in making his or her determination. If the animal services officer determines an animal to be vicious, he or she may take any of the following actions or a combination thereof:

(1) Require that the animal be permanently removed from the city;

(2) Order that the animal be spayed or neutered, at the owner’s expense, within thirty days of the vicious animal determination;

(3) Order that the owner or possessor of the animal and the animal attend at least one-eight week training course, acceptable to the animal services officer, on dog obedience;

(4) Order that the owner or the custodian will lose all rights of ownership and control of the animal;

(5) Order the owner or possessor of the animal to surrender the animal to the animal services officer for destruction;

(6) Order that the owner may not own or possess any dog or other animal weighing in excess of five pounds for a thirty-six month period;

(7) Order the owner to reimburse the city for the cost of maintaining the animal, if applicable.

(c) Before allowing a person to keep a vicious animal, the animal services officer shall find all of the following:

(1) That allowing such will not result in any detriment or danger to the peace, health or safety of the people in the vicinity of the location the animal will be kept;

(2) That possession and maintenance of the animal at the location has not resulted in and is not likely to result in the animal being subjected to neglect, suffering, cruelty or abuse;

(3) The location where the animal is possessed or maintained is kept clean and sanitary, and the animal is provided with proper and adequate food, water, ventilation, shelter and care at all times;

(4) Possession of the animal at the location shall not violate any law, code, or regulation; and

(5) The animal will not be possessed or maintained at any other location than that specified in the order.

(d) The animal services officer, or his or her designee, is authorized to make whatever inspections he or she deems necessary to ensure compliance with this chapter, the provisions of his or her order and, if such order is appealed, any order the hearing officer may issue under Section 9.08.180 of this chapter.

(e) The animal services officer shall notify the owner of the animal in writing of his or her determination, and the basis therefor, as well as the owner’s right to appeal the officer’s decision within five business days, either in person or by first class mail with return receipt requested.

(f) If an animal has been determined to be vicious under this section, the owner may appeal such a determination and any order resulting therefrom by serving written notice of such appeal on the city clerk’s office within ten business days of mailing or personal delivery of the animal services officer’s notification.

(Ord. 659 § 2, 2005)

(a) The hearing officer shall hold a hearing within ten days, not including weekends or holidays, after receipt of the request if the animal has been surrendered to or impounded by the animal services officer. Where the animal has not been surrendered to or impounded by the animal services officer, the hearing officer shall promptly set a time and place for the hearing and shall cause notice of the hearing to be personally delivered to the owner or deposited in the mail.

(b) Prior to taking evidence on whether an animal is potentially dangerous or vicious at the hearing, any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified in a court of law. If a hearing officer is so disqualified, a new hearing officer shall be designated and the new hearing officer shall promptly set a time and place for the hearing and shall cause notice of the hearing to be personally delivered to the owner or deposited in the mail.

(c) The hearing officer may continue hearings, based on good cause, as established by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded.

(d) The hearing officer shall consider all relevant evidence presented at the hearing. The formal rules of evidence shall not apply. The hearing officer shall also consider circumstances of mitigation including, but not limited to, the owner’s and animal’s history with animal services, the age of any attacked persons and any legal training of the animal in the use of deadly force.

(e) If the hearing is based on a complaint, the hearing officer may find that failure of the complainant to appear and testify at the hearing makes that complaint less credible.

(f) Before allowing a person to keep a vicious animal, the hearing officer shall find all of the following:

(1) That allowing such will not result in any detriment or danger to the peace, health or safety of the people in the vicinity of the location the animal will be kept;

(2) That possession and maintenance of the animal at the location has not resulted in and is not likely to result in the animal being subjected to neglect, suffering, cruelty or abuse;

(3) The location where the animal is possessed or maintained is kept clean and sanitary, and the animal is provided with proper and adequate food, water, ventilation, shelter and care at all times;

(4) Possession of the animal at the location shall not violate any law, code or regulation; and

(5) The animal will not be possessed or maintained at any other location than that specified in the order.

(g) The hearing officer may uphold, modify or dismiss the determination of the animal services officer on the basis of evidence produced at the hearing. Subsequently, the hearing officer shall give written notice of his or her decision by first class or registered mail sent within fifteen days of the hearing to the owner.

(h) If the owner or keeper of the animal contests the hearing officer’s decision, he or she may, within ten days of the mailing of the hearing officer’s notice of decision, appeal the decision of the hearing officer directly to the superior court in and for Monterey County at the courthouse with jurisdiction to hear such matters. The owner or keeper of the animal shall serve personally or by first class return receipt mail, notice of the appeal to the city clerk within three days of filing same with the court. Any such appeal shall be by trial de novo. Failure to timely file such an appeal or properly serve notice of same on the city will result in the hearing officer’s decision being final.

(i) The determination of the court hearing the appeal shall be final and conclusive upon all parties.

(Ord. 659 § 2, 2005)

(a) If the animal services officer, hearing officer, or court allows a person to own or have custody of an animal determined to be vicious, the animal shall be kept securely confined indoors or in a securely enclosed escape-proof locked kennel or pen other than when on a leash as described in this section. Such kennel, pen or structure must have secure sides and a secure top attached thereto. The kennel or pen shall be constructed in a manner so that it cannot be broken down by any action of the confined animal. All structures used for confinement of vicious animals must be locked with a key or combination lock of sufficient strength to ensure confinement of the animal. Such structures must be erected upon a secure bottom or floor constructed of concrete or other material sufficient to prevent the animal from digging free. Vicious animals enclosed in a house, apartment, building or similar structure shall be allowed only where the windows and doors of such structure are secured to prevent the animal from exiting without the assistance of the owner or person with the right to control such animal.

(b) A vicious animal may be permitted off the owner’s premises only when it is securely muzzled and is leashed on a leash not to exceed three feet in length and under the control of a person eighteen years of age or older, who is physically capable of restraining the animal. This leash must be capable of restraining four times the weight of the animal. Moreover, the leash must be attached to a prong collar (commonly called a “pinch collar”) of a type and fit acceptable and approved in advance by the animal services officer. Vicious animals shall not be leashed or tethered at any time to inanimate objects such as trees, posts or buildings. The muzzling device for vicious animals must be constructed so that it is impossible for the animal to remove it without human assistance.

(c) A sign advising of the presence of a vicious dog or animal shall be posted at the entrance to every place wherein any such vicious dog or animal is confined. The sign shall be capable of being understood by a child. This sign must be approved by or provided by the animal services officer.

(d) Transportation of a vicious animal shall only be in locked animal carriers equivalent in construction quality to those used by commercial air carriers. Moreover, a vicious animal shall not be left unattended or loose in or about any motor vehicle.

(e) Upon any violation of this chapter, or a violation of any nonappealable order under this chapter, that is observed by the animal services officer, or sworn to in a written affidavit from a complaining party, the animal services officer shall issue an order for the owner or possessor of the vicious animal to surrender the vicious animal to the animal services officer for destruction. This order shall be subject to the appeal provisions set forth in this chapter.

(f) The owner must notify the city prior to any change in location of the animal or new ownership at least seven days prior to any change.

(Ord. 659 § 2, 2005)

(a) No animal may be declared potentially dangerous or vicious based only on any injury or damage sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon the animal possessor’s or owner’s premises, or the injured party was tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime. No animal may be declared potentially dangerous or vicious based only on the animal protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault. No animal may be declared potentially dangerous or vicious based only on an injury or damage sustained by a domestic animal which at the time of the injury or damage was sustained tormenting, abusing or assaulting the animal.

(b) No animal may be declared potentially dangerous or vicious based only on an injury or damage to a domestic animal sustained while the animal was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(c) This article does not apply to humane society shelters, city animal services facilities, or to dogs while utilized by any police department or any law enforcement officer in the performance of police work; guide dogs for the blind or deaf while performing their duties; dogs participating in field or obedience trials or conformation exhibitions; dogs assisting their owner in legal hunting activities or in the herding of livestock.

(Ord. 659 § 2, 2005)