Mendota Municipal Code Ch. 6.52 Dangerous or Vicious Animals

It is unlawful for a person to keep a dangerous or vicious animal. Any animal which has been found to be dangerous or vicious pursuant to the ordinance code of the city, or any other county or city ordinance or any state statute, shall be conclusively presumed to be dangerous or vicious.

(Ord. No. 10-10, § 2, 1-11-2011)

A. The animal control officer shall determine whether an animal is dangerous or vicious whenever it has attacked, bitten or caused injury to any human or other animal. Within two business days after an animal which is wearing a license tag is impounded pursuant to this chapter, the animal control officer shall mail a notice of the animal control officer's determination that the animal is dangerous or vicious and of the owner's right to a hearing on the issue of whether or not the animal is dangerous/vicious. The hearing officer shall be the poundmaster or their designee.

B. The owner of an animal confined or impounded pursuant to this section may, within the time period provided for application for redemption of the animal, request a hearing to determine whether or not the animal is dangerous/vicious.

C. When a hearing is requested pursuant to subsection B of this section, the animal control officer shall set a date and time for such a hearing and send a notice thereof by regular mail at least five business days, including Saturday, before such date to the owner at the address set forth on his or her request and shall also notify the victim and the hearing officer.

(Ord. No. 10-10, § 2, 1-11-2011)

Within two business days after an animal which is wearing a license tag is impounded, the animal control officer shall mail a notice of the impounding to the owner of the animal at the address shown on the application for the license which is on file in the office of the poundmaster, and advise the owner of the procedure whereby he may regain custody of the animal, as well as a listing of any fines or penalties.

(Ord. No. 10-10, § 2, 1-11-2011)

A. A hearing requested in accordance with Section 6.52.020 of this code shall be conducted before a person appointed a hearing officer. The animal control officer shall send notice to victims requesting this hearing.

B. The hearing shall be open to the public. The owner may be represented by counsel. The hearing officer shall hear all pertinent evidence offered by all interested persons. The technical rules of evidence shall not be applicable to the hearing, except that the hearing officer's decision may not be based wholly on hearsay evidence. Each side shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues at the hearing even though the matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. If the owner does not testify on his or her behalf, he or she may be called and examined as if under cross-examination, except where criminal charges under Chapter 6.56 of this code are pending against the owner or if it is possible that such charges may be brought against the owner. All persons giving evidence shall be sworn before testifying. The owner may employ a shorthand reporter to record the hearing.

C. Any animal which has attacked, bitten or caused injury to a human being or other animal is presumed to be dangerous or vicious and the burden is on the owner to present evidence that the animal is not dangerous/vicious.

D. In making a determination that an animal is or is not dangerous/vicious, evidence of the following may be considered in the sole discretion of the hearing officer:

1. Any previous history of the animal attacking, biting or causing injury to a human being or other animal;

2. The nature and extent of injuries inflicted and the number of victims involved;

3. The place where the bite, attack or injury occurred;

4. The presence or absence of any provocation for the bite, attack or injury;

5. The extent to which property has been damaged or destroyed;

6. Whether the animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;

7. Whether the animal exhibits characteristics or aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals;

8. Whether the animal can be effectively trained to change its temperament or behavior;

9. The manner in which the animal has been maintained by its owner or custodian;

10. Any other relevant evidence concerning the maintenance of the animal; and

11. Any other relevant evidence regarding the ability of the owner or custodian to protect the public safety in the future if the animal is permitted to remain in the city.

(Ord. No. 10-10, § 2, 1-11-2011; Ord. No. 13-05, § 1, 4-23-2013)

A. At the conclusion of the hearing, the hearing officer may determine:

1. That the animal is not a dangerous or vicious animal and should be returned to its owner;

2. That the animal is not dangerous or vicious, but the attack, bite or injury was the result of improper or negligent training, handling or maintenance and that the license should be revoked and proper training of the owner and the dog be required pursuant to Section 6.52.020 of this chapter; or

3. That the animal is a dangerous or vicious animal, and either may be banished from the city or humanely destroyed. If banishment is determined, it shall be to a recognized animal rescue organization for the species and breed of the animal, if such an adoption organization is not located or able to take the animal, then the animal shall be humanely destroyed. If humane destruction is determined to be the appropriate decision, or if humane destruction is required due to the inability of an acceptable shelter, then the animal shall be humanely destroyed no sooner than the fifth business day following the mailing of notice of the hearing officer's decision, pursuant to Section 6.52.020 of this chapter.

B. The decision of the hearing officer shall be in writing and shall be delivered personally to the owner or mailed to him or her by regular mailing at the address appearing on the request for hearing. A copy of the decision shall be mailed to the animal control officer.

C. Judicial review of a decision of the hearing officer made after a hearing pursuant to Section 1094.6 of the California Code of Civil Procedure where and to the extent such section may be applicable.

(Ord. No. 10-10, § 2, 1-11-2011)

A. It is unlawful for any person to own, possess, harbor or keep any animal declared to be dangerous or vicious pursuant to Sections 6.52.010 and 6.52.020(A) of this chapter.

B. Any animal declared to be dangerous/vicious, if not already impounded, shall be immediately surrendered to the animal control officer, and it is the duty of the animal control officer to take up and impound any such animal.

C. Any animal declared to be dangerous or vicious shall be either banished from the city or humanely destroyed. If banishment is determined, it shall be to a recognized animal rescue organization for the species and breed of the animal, if such an adoption organization is not located or able to take the animal, then the animal shall be humanely destroyed. If humane destruction is determined to be the appropriate decision, or if humane destruction is required due to the inability of an acceptable shelter, then the animal shall be humanely destroyed no sooner than the fifth business day following the mailing of notice of the hearing officer's decision, pursuant to Section 6.52.020 of this chapter. The animal control officer shall sign an order authorizing the destruction of the animal within two business days after the time for judicial review, as provided by this chapter, has passed without a request for judicial review being filed, or after the fifth business day after the hearing officer's decision affirming that the animal is dangerous or vicious has been served upon the animal control officer.

(Ord. No. 10-10, § 2, 1-11-2011)

If it is determined that the animal is not dangerous or vicious, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, then the following conditions will be enforced:

A. Training will be required of the owner and the animal;

B. The current license will be revoked and a "provisional" dog license will be issued during a probationary period;

C. After successful completion of the probationary period, the dog shall be issued a current city dog license;

D. Any violation of the probation terms set forth by the hearing officer will result in immediate impoundment. The animal will be declared to be dangerous or vicious and humanely destroyed no sooner than five business days after mailing a notice of violation of probation and impoundment.

(Ord. No. 10-10, § 2, 1-11-2011)