Los Altos Municipal Code Ch. 5.16 Dangerous and Vicious Animals

A.

No person shall keep, have, maintain, sell, trade, or let for hire a potentially dangerous and/or vicious animal without first obtaining a permit from the city of Los Altos. The application for a permit, permit conditions, inspections, denial, revocation, and appeals shall be the same as set forth in Sections 5.24.020, 5.24.030 and 5.24.050 through 5.24.090 inclusive, of Chapter 5.24.

B.

No permit shall be required of any zoo, university, college, governmental research agency, or other bona fide scientific institution, as determined by the city of Los Altos, engaging in scientific or public health research. For the purposes of this section, a zoo shall be considered any organization which exhibits animals to the general public at regular specified hours, equaling at least thirty (30) hours a week for thirty- six (36) weeks a year, and whose animals, whether maintained for exhibit purposes or not, are not for sale to private individuals.

C.

If the administrator or a law enforcement officer has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, the administrator or local law enforcement agency shall schedule an administrative hearing for the purpose of determining whether or not the animal in question should be declared potentially dangerous or vicious. The owner or keeper of the animal shall be served with notice of the hearing by first class mail with return receipt requested. The hearing shall be held promptly within no less than five working days nor more than ten (10) working days after service of notice upon the owner or keeper of the animal. The administrator or hearing officer may find, upon a preponderance of the evidence, that the animal is potentially dangerous or vicious and make other orders authorized by this chapter. Hearing is subject to provisions of Section 1.30.045 of Chapter 1.

D.

No animal may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a wilful trespass or other tort upon premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime. No animal may be declared potentially dangerous or vicious if the animal was 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 if an injury or damage was sustained by a domestic animal, which at the time the injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the animal. No animal may be declared potentially dangerous or vicious if the injury or damage to a domestic animal, was sustained while the animal was working as a hunting animal, herding animal, or predator control animal on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the animal.

E.

Appeals shall be processed pursuant to the provisions of Chapter 1, Sections 1.12.010 and 1.12.020.

(Ord. 06-297 § 3: Ord. 06-296 § 3)

The fee for a permit to keep or maintain one dangerous animal shall be fifty dollars ($50.00) for a twelve (12) month term, and the fee for each additional dangerous animal shall be twenty-five dollars ($25.00). The permit shall expire and be renewable as set forth in Section 5.24.040 of Chapter 5.24.

(Prior code § 5-1.302)

A.

Notwithstanding anything to the contrary, the administrator may deny or remove a permit to keep or maintain any dangerous animal when, in his or her opinion:

Any such animal may not be kept or maintained without endangering the safety of any person or property; or

The keeping of the animal would constitute a public nuisance; or

The animal would be subject to suffering, neglect, cruelty, or abuse.

B.

The administrator, in his or her discretion, may require any such animal to be properly caged, tethered, or restrained in zoo-type facilities that meet or are in addition to, or are more restrictive than, state guidelines issued under the provisions of Section 671 of Title 14 of the California Administrative Code and federal standards issued under Chapter 1 of Title 9 of the Code of Federal Regulations. Nothing in this section shall be construed to permit the keeping of dangerous animals where zoning provisions or state laws would prohibit such keeping.

(Prior code § 5-1.303)