Lake Forest Municipal Code Ch. 10.20 Dangerous and Vicious Animals

No person shall have, keep, or maintain any wild, exotic, dangerous, or nondomestic animal without first applying to and receiving a license from the Director. The Director shall by regulation determine those animals to be covered by this section. The keeping or maintenance of such animals shall also conform to the zoning regulations of the City.

The Director shall issue a license to any person for the keeping or maintaining of any wild, exotic, dangerous or nondomestic animal upon receipt of the fee established by the Board of Supervisors or the City Council and when, in his or her opinion, such animal may be kept or maintained without endangering its safety and comfort and the safety and comfort of any person or property; provided, however, that the Director may require any such animal to be properly caged or tethered and he or she may make such additional rules and regulations that may be necessary and proper under the circumstances. He or she may revoke any such license for the violation of any of the provisions of this title or of any of the rules and regulations adopted pursuant thereto, or when in his opinion the safety or comfort of such animal or any person or property is endangered by the keeping of any such animal. The provisions of Section 5-2-19 of the Orange County Code shall govern appeals from the denial or revocation of a license under this section.

The owner or custodian of such animal shall give written notice to the Director prior to the transfer, trade or barter of such animal or its progeny. All references in this chapter to the County Animal Control Department shall also refer to any other entity or organization with which the City has contracted for animal control services.

(Ord. 165 § 1, 2007; Ord. 302 § 35, 2018)

A. General Provisions.

1. If the County Animal Control Department has cause to believe that a dog is a "vicious dog or potentially dangerous dog" within the meaning of Section 10.04.010, the County Animal Control Department may tentatively find and declare such dog a "vicious dog or potentially dangerous dog."

2. Upon tentatively finding and declaring that a dog is a "vicious dog or potentially dangerous dog," the County Animal Control Department shall notify the owner and/or custodian in writing of the County Animal Control Department's tentative finding and declaration. If the County Animal Control Department finds that ownership or possession of any dog by the owner or custodian of the declared vicious dog would create a significant threat to the public health, safety or welfare, the County Animal Control Department's tentative finding and declaration may set forth such finding and impose prohibitions on the owner or custodian of the declared vicious dog in accordance with subsection E of this section.

3. The notice shall inform the owner and/or custodian of such dog that he or she may request a hearing in writing before the County Animal Control Department within five working days of receipt of such notice to contest the tentative finding and declaration. Any such hearing shall be requested and conducted as provided in subsection D of this section.

4. Failure of the owner and/or custodian to request a hearing pursuant to subsection (A)(3) of this section shall result in the declaration becoming final.

5. The possession or maintenance of a "vicious dog or potentially dangerous dog," or the allowing of any such animal to be in contravention of this title, is hereby declared to be a public nuisance. The County Animal Control Department is hereby authorized and empowered to impound and/or abate any "vicious dog or potentially dangerous dog" independently of any criminal prosecution or the results thereof by any means reasonably necessary to ensure the health, safety and welfare of the public, including, but not limited to, the destruction of the dog or by the imposition upon the owner and/or custodian of specific reasonable restrictions and conditions for the maintenance of the dog. The restrictions and conditions may include but are not limited to:

a. Obtaining and maintaining liability insurance in the amount of $100,000 against bodily injury or death or damage to property and furnishing a certificate or proof of insurance by which the County Animal Control Department shall be notified at least 10 days prior to cancellation or nonrenewal or, at the owner's or custodian's option, the filing with the County Animal Control Department of proof of a bond in the amount of $100,000, to be able to respond in damages.

b. Requirements as to size, construction and design of the dog's enclosure.

c. Location of the dog's residence.

d. Requirements as to type and method of restraints and/or muzzling of the dog.

e. Photo identification or permanent marking of the dog for purposes of identification.

f. Requirements as to the posting of a warning notice or notices conspicuous to the public warning person of the presence of a vicious dog.

g. Payment of a fee or fees as established by resolution of the Board of Supervisors or City Council to recover the costs of enforcing the provisions of this section as applied to the regulation of vicious dogs.

B. Notification of Right to Hearing. At least five working days prior to impoundment and/or abatement, the owner or custodian shall be notified in writing of their right to request a hearing in writing to determine whether grounds exist for such impoundment and/or abatement. If a hearing is requested, the impoundment and/or abatement hearing may be held in conjunction with the hearing provided for in subsection A of this section. If the owner or custodian requests a hearing prior to impoundment and/or abatement, no impoundment and/or abatement shall take place pending decision by the County Animal Control Department following a hearing, except as provided in subsection C of this section. Pending such impoundment and/or abatement hearing and decision by the County Animal Control Department, the County Animal Control Department may order the owner or custodian to keep the dog within a substantial enclosure or securely attached to a chain or other type of control which the County Animal Control Department may deem necessary under the circumstances. The County Animal Control Department may also order the owner or custodian to post and keep posted upon the premises where such dog is kept under restraint, a warning notice pending such impoundment and/or abatement hearing and decision by the County Animal Control Department. The form, content and display of such notice shall be specified by the County Animal Control Department. Any hearing under this subsection shall be conducted in accordance with subsection D of this section.

C. Immediate Impoundment. When, in the opinion of the County Animal Control Department, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the dog has been impounded under other provisions of this Code or State law, the preimpoundment hearing shall not be required; however, the owner or custodian shall be given written notice allowing five working days from receipt of such notice to request in writing an abatement hearing. If requested, a hearing shall be held within five working days of receipt of the request by the County Animal Control Department and the dog shall not be disposed of prior to the decision of the County Animal Control Department following such hearing. A hearing under this subsection shall be conducted in accordance with subsection D of this section except as otherwise indicated. If, after five working days following receipt of such notice, no written request for a hearing is received from the owner or custodian, the dog in question shall be disposed of under applicable provisions of law.

D. Request for and Conduct of Hearings. Except as otherwise provided in subsection C of this section, the County Animal Control Department shall conduct a hearing within 15 days following receipt of a written request from the owner or custodian requesting a hearing under this section, and notice of the time, date and place thereof shall be mailed to the person requesting the hearing at the address given in the hearing request, at least 10 days prior to said hearing. The County Animal Control Department may appoint a hearing officer to take evidence, summarize the evidence presented and report his or her findings and recommendations based on such evidence to the County Animal Control Department, or the County Animal Control Department may personally conduct the hearing.

At the hearing each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses, impeach any witness and to rebut the evidence against him or her. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant or unduly repetitious evidence shall be excluded.

Within 15 days following the conclusion of the hearing, the County Animal Control Department shall determine, on all the evidence presented to him or her, or on the summary of evidence and findings of fact and recommendations of the person holding the hearing, whether any designation, impoundment and/or abatement under this section should be rescinded or amended. Within five working days following such decision, the County Animal Control Department shall notify in writing the person requesting the hearing of his or her determination as to any issue as to which the hearing was requested.

E. Prohibition on owning, possessing, controlling, or having custody. The owner and/or custodian of a dog determined to be a vicious dog may be prohibited by the County Animal Control Department from owning, possessing, controlling, or having custody of any dog for a period of up to three years, when either the Director determines, under subsection (A)(2) of this section, or it is found, after proceedings conducted under subsection D or J of this section, that ownership or possession of a dog by that person would create a significant threat to the public health, safety or welfare.

F. Change of Circumstances. In the event of changed circumstances, the County Animal Control Department may amend or rescind any abatement and/or impoundment imposed pursuant to subsection (A)(5) or subsection E of this section. Any such revision to the abatement and/or impoundment due to changed circumstances shall be subject to the same notice, hearing and other procedural requirements as required for imposing an initial abatement and/or impoundment set forth in subsections B, C and D of this section.

G. Change of Ownership, Custody and/or Residence. Owners of a vicious animal or potentially dangerous animal who sell or otherwise transfer the ownership, custody or residence of the animal shall at least 10 days prior to the sale or transfer, inform the County Animal Control Department in writing of the name, address and telephone number of the new owner, custodian and/or residence and the name and description of the animal. The owner shall, in addition, notify the new owner or custodian in writing of the details of the animal's record, terms and conditions of maintenance and provide the County Animal Control Department with a copy thereof containing an acknowledgment by the new owner or custodian of his or her receipt of the original. The County Animal Control Department shall notify the new owner or custodian in writing of any different or additional restrictions or conditions imposed pursuant to subsection (A)(5) of this section as a result of the change of ownership, custody or residence. The imposition of any such different or additional restrictions or conditions shall be subject to the same notice, hearing and other procedural requirements as required for imposing an initial abatement and/or impoundment set forth in subsections B, C and D of this section.

H. Possession Unlawful. It is unlawful to have custody of, own or possess a vicious dog or potentially dangerous dog within the meaning of Section 10.04.010 unless it is restrained, confined or muzzled so that it cannot bite, attack or cause injury to any person.

I. Declared Vicious Dog or Potentially Dangerous Dog. It is unlawful for the owner and/or custodian of an dog declared vicious or potentially dangerous pursuant to subsection A to fail to comply with any requirements or conditions imposed pursuant to subsection (A)(5) or subsection E of this section. If a vicious or potentially dangerous dog escapes, the owner and/or custodian shall immediately notify the owner or custodian of such animal shall give written notice to the County Animal Control Department and make every reasonable effort to recapture it.

J. The County Animal Control Department shall have the discretion, in any event, to directly petition the court to seek a determination whether or not the dog in question should be declared potentially dangerous or vicious, and if applicable, whether the ownership or possession of any dog by the owner or custodian of the declared vicious dog would create a significant threat to the public health, safety or welfare. The County Animal Control Department shall follow the procedures set forth in Food and Agriculture Code Section 31621 et seq., for this purpose.

(Ord. 165 § 1, 2007; Ord. 302 § 35, 2018)