Los Banos Municipal Code Art. 8 Vicious/Potentially Dangerous Dogs

For the purpose of this article, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows:

"Animal Control Services Unit"

means that section of the Los Banos Police Department designated by the Chief of Police as being responsible for animal control and/or services within the City.

"Enclosure"

means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous dog or vicious dog. The enclosure shall be securely locked, shall have secure sides and bottom sufficient to prevent the dog from escaping, and shall be of sufficient size to provide the dog with an adequate exercise area. A top may be required for the enclosure if necessary to assure the dog's containment.

"Impoundment"

means the taking into custody of an animal by an Animal Control Officer, Public Safety Officer or Code Enforcement Officer.

"Muzzle"

means a device that is placed over the snout of an animal to keep it from biting. A muzzle is primarily solid with air holes to allow the animal to breathe and drink usually made in leather, wire, plastic, nylon or similar materials.

"Potentially dangerous dog"

means:

(1)

Any dog which, when unprovoked, on two separate occasions within the prior 36 month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog; or

(2)

Any dog when unprovoked, bites a person causing a less severe injury defined by State law as any physical injury that results in muscle tears, disfiguring, lacerations, or requires multiple sutures, corrective or cosmetic surgery; or

(3)

Any dog when unprovoked on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury while attacking a domestic animal off the property of the owner or keeper of the dog.

"Severe injury"

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

"Unprovoked"

means without being intentionally incited to aggressive action.

"Vicious dog"

means:

(1)

Any dog which has been trained to fight or which is owned or maintained for this purpose; or

(2)

Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; or

(3)

Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in the definition of potentially dangerous dog or is maintained in violation of the requirements of a potentially dangerous dog set forth in this chapter or by State law.

(§ 2, Ord. 1153, eff. May 19, 2017)

(a) It is unlawful for any person owning, possessing, controlling, harboring or keeping any dog or puppy to cause or permit said animal to exhibit or engage in vicious behavior as defined in this article.

(b) This article shall not apply to dogs while utilized by any police department or any law enforcement officer in the performance of police work.

(§ 2, Ord. 1153, eff. May 19, 2017)

(a) Purpose and Intent. Within the City there are vicious dogs which constitute a public nuisance which should be abated. The provisions of this section provide an administrative procedure by which dogs found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This section is intended to supplement rather than supplant any other remedy available either under state law or this Code.

(b) Vicious Dog Defined. Any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the behavior as described in Section 6-1.8001 as set forth herein, is presumed vicious.

(c) Investigation. Any incident reported to the Los Banos Police Department concerning a vicious dog may be investigated by the Police Chief, or designee. The investigation may consist of the observations and/or reports of officers made at the time of the incident, or follow up reports. If, based on the investigation, the Police Chief or designee concludes that there is probable cause to believe that the dog is vicious, he or she shall so certify in writing within 10 business days following completion of the investigation to the person owning or controlling the dog. Thereafter a hearing may be held pursuant to subsections (e), (f) and (g) of this section.

(d) Confinement of Dog. If the Police Chief or designee, certifies that there is probable cause to believe that a dog is vicious and a risk to public safety, the Police Chief or designee may direct any Animal Control Officer, Public Safety Officer, Code Enforcement Officer or other authorized employee of the City to enter the yard of any private residence or business in order to seize any such dog, whether running at large or not, and confine the dog at an appropriate animal shelter pending the decision of the City Manager or designee, following the hearing provided for in subsections (e), (f) and (g) of this section. The cost of said confinement shall be paid by the person owning or controlling such dog. The dog shall not be released until such costs have been paid in full.

(e) Hearing—Schedule. A hearing shall be held promptly after the Police Chief's certification (subsection (c), within no less than five business days nor more than 10 business days after service of the notice upon the owner or keeper of the dog. The hearing shall be open to the public. The City Manager, or the appointed hearing officer, shall either personally or by first class mail return receipt requested serve notice of the hearing and the Police Chief certification to the owner or person controlling the dog in substantially the following form:

(f) Hearing—Procedure. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the dog is vicious. Any owner who fails to appear after notice as provided herein was given, without obtaining a continuance from the City Manager or an appointed hearing officer, may be deemed to have waived any right to introduce evidence or object to an order made by the City Manager. If the hearing is conducted by a hearing officer other than the City Manager, the hearing officer shall submit a report to the City Manager summarizing the evidence and making a recommendation as to disposition.

(g) Hearing—Findings—Public Nuisance. If, based upon the hearing, and the report of the hearing officer, if any, the City Manager upholds the findings of the Police Chief or designee, that the dog is vicious, the City Manager shall so specify in writing together with the reasons therefor. Any dog found to be vicious is deemed a public nuisance and shall be, pursuant to the order of the City Manager, humanely destroyed, be removed from the City, or the nuisance otherwise abated by appropriate order of the City Manager. The decision of the City Manager shall be made within 10 business days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by first class mail postage prepaid or personally served upon the person owning or controlling the dog.

(h) If the City or the owner or keeper of the dog contests the determination, he or she may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction. If the original hearing held was before a hearing entity other than a court of the jurisdiction, appeal shall be to the superior court. The appealing party shall serve personally or by first-class mail, postage prepaid, notice of the appeal upon the other party.

(i) Cost of Impoundment. If the City Manager finds the dog is vicious, the costs of impoundment incurred by the City, including any abatement period, shall be paid by the owner or the person controlling the dog and may become a lien against the real property upon which the dog was kept and maintained until said lien is paid. If the order includes the release of a dog found to be vicious to the owner or person controlling it, the dog shall not be released until such costs have been paid in full. If such costs have not been paid within 30 calendar days after the date of mailing or delivery of the order, the City Manager may dispose of the dog in any manner provided by law, or return the dog and pursue alternative collection procedures. The total amount of the impoundment charges may be entered on the next fiscal year tax roll as a lien against the property upon which the dog was maintained and shall be subject to the same penalties as are provided for other delinquent taxes, liens or assessments of the city, or an action may be brought in the name of the City to recover the costs of impoundment.

(j) Criminal Sanctions. Any violation of this Article 8 is a misdemeanor.

(§ 2, Ord. 1153, eff. May 19, 2017)

All requirements for owners of a dog determined vicious or potentially dangerous must be satisfied within 30 days of notice of determination or 35 days if mailed. Proof of compliance must be provided to Animal Control Services Unit. If all the requirements are not satisfied within the time limit set forth herein, or the animal owner is unable or unwilling to comply, the dog shall be humanely euthanized either by an Animal Control Officer or by a licensed veterinarian. Proof of euthanasia shall be provided to Animal Control Services Unit within two business days.

(§ 2, Ord. 1153, eff. May 19, 2017)

The owner or keeper of any dog determined to be vicious or potentially dangerous under this article or a Court of competent jurisdiction shall present to Animal Control Services Unit proof that the owner or keeper has procured liability insurance in the amount of at least $500,000. The liability insurance shall cover any damage or injury which may be caused by the vicious or potentially dangerous dog. The liability insurance coverage shall be evidenced by a certificate issued by the insurer. Liability insurance shall not be cancelled unless the owner or keeper ceases to keep the dog prior to expiration of that license. City to receive notice of the annual renewal and all cancellations of the required liability insurance.

(§ 2, Ord. 1153, eff. May 19, 2017)

No dog, which has been determined to be vicious or potentially dangerous following an administrative hearing or court proceeding by another jurisdiction, will be allowed to be kept, owned or harbored in the City. A notice by the Animal Control Officer to remove any dog owned, harbored or maintained in violation of this section may be appealed to the City Manager or designee by filing a written statement for the appeal within five business days of the receipt of said notice. Decision of the City Manager or designee is final and not subject to an administrative appeal.

(§ 2, Ord. 1153, eff. May 19, 2017)

In any case where a dog determined to be vicious pursuant to this chapter is outside an enclosure, except in cases where it is inside the dwelling of its owner or keeper, which dwelling is sufficient to contain the dog, or in custody of a veterinarian, the dog shall be securely and humanely muzzled and restrained with a harness and nylon leash sufficient to restrain the dog, having a minimum tensile strength of 300 pounds and not exceeding two feet in length, and shall be under the direct charge and control of its owner or keeper. For the purposes of this section, a dog which is humanely muzzled shall be able to drink, breathe and pant freely.

(§ 2, Ord. 1153, eff. May 19, 2017)

Any violation of this article involving a vicious or potentially dangerous dog shall be subject to an administrative citation and fine as set by resolution of the City Council and/or a misdemeanor.

(§ 2, Ord. 1153, eff. May 19, 2017)

The owner or keeper of any dog found to be vicious or potentially dangerous shall notify the Police Department immediately if the dog has attacked another animal, has bitten a human being, has escaped the custody and control of the owner or keeper, or has died. If the dog is sold, transferred, or permanently removed from the City where the owner or keeper resides, the owner shall notify the Animal Control Officer of the changed condition and new location within two business days.

(§ 2, Ord. 1153, eff. May 19, 2017)

The owner or keeper of any dog found to be vicious or potentially dangerous pursuant to this chapter shall, at their expense, have a microchip, assigned by Animal Control Officer, inserted into the dog for identification purposes. The identifying information listed on the microchip shall be noted in the City licensing files for that dog. A dog that has been found to be potentially dangerous or vicious pursuant to this article shall be sterilized at the owner's expense.

(§ 2, Ord. 1153, eff. May 19, 2017)

Any violation of this article involving a vicious or potentially dangerous dog shall be subject to an administrative citation and fine as set by resolution of the City Council.

The following violations may be punished as a misdemeanor for any owner or keeper of a determined vicious or potentially dangerous dog to intentionally fail to comply with Sections 6-1.8009 (Notice of escape or disposal of vicious or potentially dangerous dogs), 6-1.8005 (Insurance requirements for vicious or potentially dangerous dogs), 6-1.8010 (Sterilization requirement and microchip for vicious or potentially dangerous dogs), and 6-1.8007 (Muzzling of a vicious or potentially dangerous dog). Conviction for a violation of this article shall be punished by a fine of not more than $1,000, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Upon conviction of a misdemeanor under this article, the court shall order the vicious or potentially dangerous dog to be seized and humanely destroyed. Any person convicted of a violation of this article shall be prohibited from owning or keeping any dog within the City for a minimum of three years.

(§ 2, Ord. 1153, eff. May 19, 2017)

This article does not apply to any dog owned by a government agency, when the dog is used in the performance of law enforcement duties.

(§ 2, Ord. 1153, eff. May 19, 2017)