Monterey County Municipal Code Ch. 8.24 Potentially Dangerous and Vicious Dogs

The State of California has enacted comprehensive laws which are set forth in Chapter 9 (commencing with Section 31601) of Division 14 of the Food and Agriculture Code and which counties are authorized to incorporate in their local program to control potentially dangerous or vicious dogs.

Section 31621 of the Food and Agriculture Code authorizes counties to establish an administrative hearing procedure to hear and dispose of petitions filed pursuant to Chapter 9 (commencing with Section 31601) of Division 14 of the Food and Agriculture Code.

The County of Monterey hereby incorporates the provisions of Chapter 9 (commencing with Section 31601) of Division 14 of the Food and Agriculture Code in the County's program to control potentially dangerous or vicious dogs and establishes in this Chapter an administrative hearing procedure to hear and dispose of petitions filed pursuant to Chapter 9 (commencing with Section 31601) of Division 14 of the Food and Agriculture Code.

A. If an Animal Control Officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the chief officer of the animal control department or his or her immediate supervisor or the head of the local law enforcement agency, or his or her designee, shall petition Health Department for a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious.

B. The Director of Health shall appoint a hearing officer to conduct an administrative hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious. The hearing officer may be appointed from an outside agency or from within the Health Department, if the hearing officer is not the same person who directed the seizure or impoundment of the dog and is senior to the person who directed the seizure or impoundment of the dog.

Except as set forth in this Chapter, all requirements for the form and content of the petition and procedures for notice and conduct of the hearing set forth in Chapter 9 (commencing with Section 31601) of Division 14 of the Food and Agriculture Code shall be applicable to the administrative hearing conducted pursuant to this Chapter.

The hearing may be continued from time to time by mutual consent of the parties for not more than thirty (30) days from the date the original hearing was scheduled.

The hearing shall be open to the public.

Technical rules of evidence shall not apply to the hearing, but relevant evidence may be admitted and given probative effect only if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. No finding or determination that a dog is potentially dangerous or vicious shall be based solely upon hearsay evidence.

If the hearing officer determines that the dog in question is potentially dangerous or vicious, the hearing officer shall also determine whether the release of the dog would create a significant threat to the public health, safety, and welfare.

The decision of the hearing officer shall be based upon a preponderance of evidence and shall set forth in writing the findings, conclusion, and determination of the hearing officer. In addition, the hearing officer may make such other orders that are authorized by Chapter 9 (commencing with Section 31601) of Division 14 of the Food and Agriculture Code and may impose such other conditions that are reasonable and necessary to protect the public health, safety, and welfare.

In the event that the hearing officer determines that the dog in question is potentially dangerous or vicious, the owner shall be liable for the following costs and expenses:

Costs of seizure and impoundment of the dog;

Costs of investigation;

Costs of the hearing and hearing officer;

Reasonable attorney's fees; and

Costs of monitoring compliance.

If the hearing officer determines that the dog in question is potentially dangerous or vicious but not subject to destruction, the dog shall not be released until the costs set forth in this Section have been paid in full. If such costs have not been paid within fourteen (14) days after the date of mailing or delivery of the hearing officer's decision, the Director of Health may order disposition of the animal in any manner provided by law.

If the hearing officer determines that the dog in question is not potentially dangerous or vicious, the owner shall not be liable for any of the costs set forth in this Section.

(Ord. 4142, 2002; Ord. 3629, 1992)