Mendocino County Municipal Code Ch. 10.10 Vicious Animals

(A) The purpose of this article is to establish a program for the control of vicious animals. This Chapter does not apply to dogs while utilized by the sheriff, any police department or any law enforcement officer in the performance of police work.

(B) All owners of vicious animals, in addition to the required permit, must provide written proof (a true copy) of public liability insurance policy in the single incident amount of Fifty Thousand Dollars ($50,000) for bodily injury or death of any person(s) or for damage to property which may result from the ownership or maintenance of such animal. Such insurance policy shall provide that no cancellation of the policy be made unless ten (10) days written notice is first given to Animal Control. Owners of animals unable to meet the requirements of the aforementioned section shall forfeit ownership of such animal(s) to the Department of Animal Care Services or Animal Control for further disposition.

(C) Owners of any vicious animal shall not allow the animal freedom to:

(1) Remain unmuzzled, unconfined, unrestrained or unsupervised on the premises of its owner whether indoors or outdoors in a manner that would allow the animal to exit such structure(s) on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open, when screened windows or doors are the only obstacle preventing the animal from exiting the house or structure, or to allow or permit the animal to be so improperly leashed, chained or secured to a structure (i.e., dog house, building, etc.), in a manner that it is not adequately restrained from access to any child passing by, or to a child wandering into a yard, to be subjected to such unpredictable aggressive behavior by the offending animal that may result in injury or death to an unsuspecting victim.

(2) The owners of a vicious animal shall be required to post a permanent sign in letters no less than two (2) inches in height and width stating "Beware of Vicious Dog" or "Beware of Vicious Animal" in a prominent place easily legible by the public as well as posted on any pen or housing structure for that animal.

(3) Such vicious animal may be housed outdoors providing the pen/structure has passed prior approval through an inspection as to its sound structural strength and size, ability to be kept and maintained in a sanitary condition, and so constructed as to prevent and insure that all reasonable precautions are undertaken to prevent the vicious dog from escape.

(D) An animal declared to be vicious shall not be allowed to roam at large by its owner.

(E) This Chapter may be enforced by Animal Control and any local or state law enforcement agency.

(Ord. No. 4421, 12-18-2018)

No person shall permit a vicious dog or other vicious animal to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than four (4) feet in length and an adult is in physical control of the leash. When off the premises of its owner in public places such aforementioned, animal must not be leashed to inanimate objects such as trees, posts, buildings, etc., or within a vehicle in such manner the animal can access someone passing by and shall not be left unattended, unrestrained or unsupervised. In addition, all vicious animals must be muzzled by a muzzling device sufficient to prevent such animal from biting persons or other animals.

(Ord. No. 4421, 12-18-2018)

(A) All owners of a vicious animal or potentially dangerous dog must report the following information to Animal Control:

(1) The removal from the County environs or the death of the animal;

(2) The new address of the owner should the owner move to a new location within the County or to another location within the State;

(3) The sale or other transfer of ownership of the animal.

(B) All owners of a vicious or potentially dangerous dog shall provide to both Animal Control and Animal Care Services two (2) current color photographs of their animals showing the color and the approximate size accompanied by the description of the animal along with their annual permit.

(C) The owner of any potentially dangerous or vicious dog must additionally comply with the following:

(1) At his or her expense, shall have a microchip registered with Animal Care Services, implanted into the animal for identification purposes. The identifying information listed on the microchip shall be noted in the licensing files for that animal.

(2) The animal must be spayed or neutered.

(3) The animal must be properly licensed, with said license record indicating that the animal is vicious or potentially dangerous.

(Ord. No. 4421, 12-18-2018)

It shall be a misdemeanor for the owner of a vicious animal or potentially dangerous dog to fail to comply with the requirement and conditions set forth in this Title. Any animal found to be the subject of a violation of this Section shall be subject to immediate impoundment by any Animal Control Officer or peace officer pursuant to the procedures for impoundment provided by Chapter 10.24 of this Code.

(Ord. No. 4421, 12-18-2018)

There shall be an irrebutable presumption that any animal registered as vicious under the license required for a vicious animal is in fact an animal subject to the requirements of this Section where applicable.

(Ord. No. 4421, 12-18-2018)

(A) If a vicious animal at any time presents a clear and present danger to the public safety, or if the dog cannot be impounded without undue risk to the officer, he/she may destroy the dog by the safest, most expeditious, and most humane method, which may include the use of firearm when deemed necessary.

(B) In the event a vicious animal is destroyed in this manner, a report shall be prepared and submitted by the officer dispatching the animal to the Sheriff's Office.

(Ord. No. 4421, 12-18-2018)

(A) If upon investigation it is determined by an animal control officer or peace officer that probable cause exists to believe an animal is vicious and poses an immediate threat to public safety, then the officer may seize and impound the animal pursuant to Chapter 10.24, section 10.24.050, and/or file a petition pursuant to California Food and Agriculture Code section 31601 et seq. in order to have the animal declared vicious.

(B) The owner of the animal shall be liable to the division for the costs and expenses of keeping the animal, if the animal is later adjudicated potentially dangerous or vicious.

(C) The exclusions from declaring a dog vicious provided by California Food and Agriculture Code section 31626 shall apply to this Chapter.

(Ord. No. 4421, 12-18-2018)