Monrovia Municipal Code Ch. 6.40 Potentially Dangerous and Vicious Animals and Household Pets

Within the City of Monrovia there are potentially dangerous and vicious animals or household pets that have become a serious and widespread threat to the safety and welfare of the citizens of the city which should be abated. The provisions of this chapter set forth the procedures by which an animal or household pet is found to be potentially dangerous or vicious animal, thereby becoming subject to appropriate controls and other actions. This chapter is intended to supplement rather than supplant any other remedy available under state statute or local ordinance.

(Ord. 2010-18 § 6, 2010)

POLICE CHIEF shall mean the Chief of Police of the City of Monrovia or his or her designee, excluding any Animal Control Officer.

(Ord. 2010-18 § 6, 2010)

POTENTIALLY DANGEROUS ANIMAL OR HOUSEHOLD PET shall mean any of the following:

(A) Any animal or household pet which, when unprovoked, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal or household pet are off the property of the owner or custodian of the animal or household pet;

(B) Any animal or household pet which, when unprovoked, bites a person or otherwise engages in aggressive behavior, causing a less severe injury than as defined in § 6.40.050; or

(C) Any animal or household pet which, when unprovoked, bites or otherwise inflicts or causes a less severe injury than as defined in § 6.40.050 to another animal or household pet off the property of the owner or custodian of the animal or household pet.

(Ord. 2010-18 § 6, 2010)

VICIOUS ANIMAL OR HOUSEHOLD PET shall mean any of the following:

(A) Any animal or household pet that engages in or has been found to have been trained to engage in exhibitions of fighting with persons or other animals or household pets;

(B) Any animal or household pet which, when unprovoked, kills or otherwise inflicts or causes severe injury to another animal or household pet off the property of the owner or custodian of the animal or household pet;

(C) Any animal or household pet which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a person;

(D) Any animal or household pet previously determined to be a potentially dangerous animal or household pet that, after its owner or custodian has been notified of this determination, continues the behavior described in § 6.40.030 or is maintained in violation of § 6.40.170; or

(E) Any animal or household pet of a species, breed or kind, which in its wild or untamed condition is capable of and, if aroused, is likely to cause death or severe injury to a person or which would cause serious fear or alarm to a person if seen wandering at large in an inhabited community.

(Ord. 2010-18 § 6, 2010)

SEVERE INJURY shall mean any physical injury to a human being or animal that results in a major fracture, muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

(Ord. 2010-18 § 6, 2010)

ENCLOSURE shall mean a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous or a vicious animal or household pet in conjunction with other measures which may be taken by the owner or custodian of the animal or household pet. The enclosure shall be designed to prevent the potentially dangerous or vicious animal or household pet from escaping.

(Ord. 2010-18 § 6, 2010)

DEPARTMENT shall mean the Monrovia Police Department Animal Control.

(Ord. 2010-18 § 6, 2010)

IMPOUNDED shall mean taken into the custody of the Department.

(Ord. 2010-18 § 6, 2010)

OFFICER shall mean an Animal Control Officer or a law enforcement officer.

(Ord. 2010-18 § 6, 2010)

HEARING OFFICER shall mean a neutral party, designated by the City Manager, with the qualifications, training and objectivity necessary for, and consistent with, the duties and responsibilities of an administrative hearing officer.

(Ord. 2010-18 § 6, 2010)

This chapter does not apply to humane society shelters, animal control facilities, or veterinarians or dogs while utilized by any police department or any law enforcement officer in the performance of police work.

(Ord. 2010-18 § 6, 2010)

If upon investigation it is determined by an officer that probable cause exists to believe the animal or household pet in question poses an immediate threat to public safety, then the officer may seize and impound the animal or household pet pending the hearings to be held pursuant to this chapter and the determination of the Police Chief or the Hearing Officer. The owner or custodian of the animal or household pet shall be liable to the city for the costs and expenses of keeping the animal or household pet, if the animal or household pet is later determined potentially dangerous or vicious. Such costs and expenses shall be paid prior to the release of the animal or household pet.

(Ord. 2010-18 § 6, 2010)

(A) If an officer has investigated and determined that there exists probable cause to believe that an animal or household pet is potentially dangerous or vicious, the officer shall file a request for an administrative hearing with the Police Chief for the purpose of determining whether or not the animal or household pet in question should be declared potentially dangerous or vicious.

(B) The officer shall notify the owner or custodian of the animal or household pet that an administrative hearing will be held by the Police Chief, at which time he or she may present evidence as to why the animal or household pet should not be declared potentially dangerous or vicious.

(C) The owner or custodian of the animal or household pet shall be served with notice of the hearing, either personally or by first class mail with return receipt requested. Receipt of notice shall be deemed to have occurred as of the date of personal service or as of the date of deposit in the course of transmission of the United States Postal Service. The notice shall include the time and place of the hearing. If the animal or household pet is impounded pursuant to § 6.40.120, the owner or custodian of the animal or household pet shall be served with the notice of the hearing concurrently with a notice of impoundment pursuant to § 6.36.020, or within 48 hours after the notice of impoundment. The notice of impoundment shall include a statement that the time period within which to reclaim the animal or household pet shall be stayed until the decision of the Police Chief or the Hearing Officer is final and conclusive.

(D) The hearing shall be open to the public and held promptly within no less than five working days nor more than ten working days after the service of the notice upon the owner or custodian of the animal or household pet.

(E) The Police Chief may admit into evidence all relevant evidence, including incident reports and the statements of witnesses, and may shorten the time to produce records or witnesses.

(F) The Police Chief may find, upon a preponderance of the evidence, that the animal or household pet is potentially dangerous or vicious and shall make other orders required or authorized by this chapter.

(G) The determination of the Police Chief shall be final and conclusive upon all parties, unless timely appealed in accordance with § 6.40.140.

(Ord. 2010-18 § 6, 2010)

(A) Within 72 hours of the close of the hearing conducted pursuant to § 6.40.130, the owner or custodian of the animal or household pet shall be notified in writing of the determination and order issued, either personally or by first class mail, postage prepaid. Receipt of notice shall be deemed to have occurred as of the date of personal service or as of the date of deposit in the course of transmission of the United States Postal Service. If the petitioner or the owner or custodian of the animal or household pet contests the determination, he or she may, within five days of the receipt of the notice of determination, appeal the decision, which appeal shall be made to a Hearing Officer by filing a written statement of the grounds for appeal with the City Clerk.

(B) The Hearing Officer shall conduct an appeal hearing and make its own determination as to potential danger and viciousness and make other orders authorized by this chapter, based upon the evidence presented. The appeal hearing shall be conducted in the same manner set forth in § 6.40.130 and within no less than 15 calendar days after filing of the appeal with the City Clerk. Not less than five days prior to the appeal hearing, the City Clerk shall give notice of the time and place of the appeal hearing to the owner or custodian of the animal or household pet. The hearing officer may admit all relevant evidence, including incident reports and the statements of witnesses, and may shorten the time to produce records or witnesses. The issue shall be decided upon the preponderance of the evidence. The Hearing Officer may affirm, modify, or reverse the decision of the Police Chief, and shall state the reasons therefore. If the Hearing Officer rules the animal or household pet to be potentially dangerous or vicious, the Hearing Officer may establish a time schedule to ensure compliance with this chapter, but in no case more than 30 days subsequent to the date of the Hearing Officer’s determination or 35 days if the service of the determination is by first-class mail.

(C) The determination of the Hearing Officer shall be final and conclusive upon all parties.

(Ord. 2010-18 § 6, 2010)

The Police Chief or the Hearing Officer may decide all issues for or against the owner or custodian of the animal or household pet even if the owner or custodian fails to appear at the hearing or appeal hearing.

(Ord. 2010-18 § 6, 2010)

No animal or household pet may be declared potentially dangerous or vicious if:

(A) Any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the animal or household pet, or was teasing, tormenting, abusing, or assaulting the animal or household pet, or was committing or attempting to commit a crime;

(B) The animal or household pet was protecting or defending a person within the immediate vicinity of the animal or household pet from an unjustified attack or assault; or

(C) An injury or damage was sustained by a domestic animal that at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the animal or household pet.

(Ord. 2010-18 § 6, 2010)

(A) All potentially dangerous animals or household pets shall be properly licensed and vaccinated at the owner’s or custodian’s expense, prior to release to the owner or custodian.

(B) A potentially dangerous animal or household pet, while on the owner’s or custodian’s property shall, at all times, be kept indoors, or in a securely fenced yard or enclosure from which the animal or household pet cannot escape, and into which children cannot trespass. The fenced yard or enclosure shall be inspected and approved in writing by an officer prior to release of the animal or household pet to its owner or custodian.

(C) A potentially dangerous animal or household pet may be off the owner’s or custodian’s premises only if it is properly restrained, and if it is under the control of an adult capable of restraining and controlling the animal or household pet.

(D) The owner or custodian of the animal or household pet shall notify the Department in writing within two working days if a potentially dangerous animal or household pet dies, or is sold, transferred, or permanently removed from the city and of the animal’s or household pet’s new location.

(Ord. 2010-18 § 6, 2010)

(A) An animal or household pet determined to be vicious may be destroyed by the Department when it is found, after proceedings conducted under §§ 6.40.120 through 6.40.160, that the release of the animal or household pet would create a significant threat to the public health, safety and welfare.

(B) If it is determined that a animal or household pet found to be vicious shall not be destroyed, the Police Chief or Hearing Officer shall order that the animal or household pet not be kept, maintained, harbored, or possessed within the city.

(C) The Director of the Department may prohibit the owner or custodian of a animal or household pet determined to be vicious from owning, possessing, controlling, or having custody of any animal or household pet within the city for a period of up to three years, if it is found at the hearing conducted pursuant to the petition to declare the animal or household pet vicious, that ownership or possession of a animal or household pet by that person would create a significant threat to the public health, safety, and welfare.

(Ord. 2010-18 § 6, 2010)