Morgan Hill Municipal Code Ch. 6.28 Dangerous Animals

No person shall keep, have, maintain, sell, trade or let for hire a dangerous and/or vicious animal, including a potentially dangerous dog, Level 1, 2, or 3, without first obtaining a permit from the administrator. Compliance with the rules and regulations set by this title and the administrator shall be prerequisite to the issuance and continued validity of any permit provided pursuant to this title. This section shall not apply to any assistance dog, including guide dogs, signal dogs and service dogs, trained or in training to assist a qualified individual with a disability.

(Ord. 1838 N.S. § 1 (part), 2007: Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

(Ord. No. 2276 N.S., § 21, 5-2-2018)

No permit shall be required of any zoo, university, college, governmental research agency or other bona fide scientific institution, as determined by the administrator, engaging in scientific or public health research. For the purposes of this chapter, a zoo shall be considered any organization which exhibits animals to the general public at regular specified hours, equaling at least thirty hours a week for thirty-six weeks a year, and whose animals, whether maintained for exhibit purposes or not, are not for sale to private individuals.

(Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

A. An application for a permit to maintain or keep a dangerous and/or vicious animal, including a potentially dangerous dog, Level 1, 2, or 3 shall be in writing on a form approved by the administrator. The application shall be made by the animal owner or person having a right to control the animal.

B. The application shall contain the following information:

1. The name, address and telephone number of the owner and other person having a right to control the animal;

2. The animal's name and description;

3. A statement specifying all convictions within the past five years of the owner or any persons having a right to control the animal, by any court of law, for any violation of this title, or of any other law(s) relating to animals, public nuisance caused by animals, or cruelty to animals in this or any other state, and any citations issued for violations of this title which were upheld by a hearing officer or which were not contested by the applicant. For purposes of this section, a forfeiture of bail shall be deemed to be conviction of the offense charged;

4. The number of the license issued to the applicant pursuant to Chapter 6.12; and

5. At least two dated, colored photographs depicting a full frontal, facial view and one full side view clearly showing the color and approximate size of the dog.

(Ord. 1838 N.S. § 3 (part), 2007)

The fee for a permit or license to keep any animal, or to keep or maintain a dangerous animal, and fees for dogs that have been classified as potentially dangerous, shall be set by resolution of the city council.

(Ord. 1209 N.S. (part), 1995: Ord. 822 N.S. § 12, 1987: Ord. 553 N.S. § A (part), 1981)

By having obtained a permit under this chapter, the owner or person having the right to control the animal thereby consents to allow the administrator or his authorized representative to inspect the premises where the animal is located at any reasonable time and in a reasonable manner. Inspections under this section are not subject to the requirements of Section 6.08.020 of Chapter 6.08 of Title 6.

(Ord. 1838 N.S. § 3 (part), 2007)

A. Notwithstanding anything to the contrary, the administrator may deny or revoke a permit issued pursuant to this chapter in the following situations:

1. Whenever the administrator determines by inspection or upon complaint from any person that the owner or person having a right to control the potentially dangerous, dangerous, or vicious animal has failed to meet any of the provisions of Title 6 or any conditions of the permit, or has failed to meet any other requirement for maintenance of the animal under this chapter or other applicable law;

2. Whenever the administrator has reason to believe that the applicant or permit holder has willfully withheld or falsified any information required for a permit;

3. If the applicant or permit holder has been convicted within the past five years, by a court of law, for any violation of this chapter, or any other law(s) relating to animals, public nuisance caused by animals, or cruelty to animals in this or any other state, and any citations issued for violations of this title which were upheld by a hearing officer or which were not contested by the applicant. For the purposes of this chapter, a bail forfeiture shall be deemed to be a conviction of the offense charged;

4. Whenever the owner fails to pay in full all fines, and impound, boarding or other outstanding fees;

5. Whenever the owner or person having a right to control the potentially dangerous, dangerous, or vicious animal fails to allow the administrator or animal services officer to conduct a lawful inspection of the potentially dangerous, dangerous, or vicious animal or the premises where the animal is located;

6. Whenever the owner or person having a right to control the potentially dangerous, dangerous, or vicious animal fails to appear at a compliance hearing to appeal the revocation of the permit for a potentially dangerous, dangerous, or vicious animal;

7. Whenever the keeping or maintenance of any such animal endangers the safety of any person or persons or property;

8. Whenever the keeping of the animal would constitute a public nuisance; or

9. Whenever the animal would be subject to suffering, neglect, cruelty or abuse.

B. The administrator, in his discretion, may require any such animal to be properly caged, tethered or restrained in zoo-type facilities that meet or are in addition to, or more restrictive than, state guidelines issued under the provisions of Section 671 of Title 14 of the California Administrative Code and federal standards issued under Chapter 1 of Title 9 of the Code of Federal Regulations. Nothing in this section shall be construed to permit the keeping of dangerous animals where zoning provisions or state law would prohibit such keeping.

(Ord. 1838 N.S. § 1 (part), 2007: Ord. 1209 N.S. (part), 1995: Ord. 553 N.S. § A (part), 1981)

The owner of a dangerous animal or Level 2 potentially dangerous dog shall post the entrances to the property where the animal is kept with a legible sign to be approved by the administrator warning persons of a dangerous animal. The sign shall be capable of being understood by a child.

(Ord. 1209 N.S. (part), 1995: Ord. 822 N.S. § 13, 1987: Ord. 553 N.S. § A (part), 1981)

It is unlawful for any person to violate any of the provisions of this chapter or to fail to comply with the requirements of this chapter. Such person is liable for each and every violation thereof, and for each and every day or fractional part thereof during which such violation continues.

(Ord. No. 2276 N.S., § 21, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 21, adopted May 2, 2018, amended § 6.28.060 in its entirety to read as herein set out. Former § 6.28.060 pertained to violation—penalty and derived from Ord. 1320 N.S., § 5, adopted in 1997.

A. Prior to denial or revocation of a permit issued pursuant to this chapter, the administrator shall notify the applicant in writing of the intent to deny or revoke the permit, the reasons for such denial or revocation, and that the applicant may make a written request for a hearing before the administrator within five days after receipt of such notice if he wishes to challenge the denial or revocation.

B. The administrator shall set the time and place for hearing and cause notice of such hearing to be mailed to the person requesting such hearing at least five days before the date of the hearing. The hearing shall be conducted according to Section 6.32.080 of this title.

(Ord. 1838 N.S. § 3 (part), 2007)

If a permit under this chapter has been denied or revoked, the administrator shall not be required to accept a new permit application from the same applicant for two years from the date of such denial or revocation.

(Ord. 1838 N.S. § 3 (part), 2007)

Any person having a right to control a potentially dangerous, dangerous, or vicious animal may be prohibited from owning, possessing, controlling or having custody of any dog for up to three years, if the hearing officer determines, after a hearing, that ownership or possession of a potentially dangerous, dangerous, or vicious animal by that person would create a significant threat to the public health, safety, and welfare. Thereafter, such persons must demonstrate to the administrator that he or she is capable of directly restraining the animal he or she seeks to own, possess, control, or have custody of.

(Ord. 1838 N.S. § 3 (part), 2007)

A. It is unlawful for any person who has been convicted of a felony under the laws of the United States, the state of California, or any other state, government, or country, to own, purchase, receive, or have in his or her possession or under his or her custody or control a dog that poses a danger to the public's health, safety, or welfare if misused by such convicted felon, unless the person possesses a current, valid prohibited dog permit for that dog as provided in this chapter. A convicted felon under this title shall not include felons whose convictions were set aside pursuant to Penal Code Section 1203.4.

B. "Misuse" by a convicted felon means use of a dog in a threatening or aggressive manner or in the commission of a crime.

C. Additionally, a dog poses a danger to the public's health, safety, or welfare, if misused by a convicted felon under this section, if any of the following apply:

1. The dog weighs more than twenty pounds;

2. The dog has been designated a potentially dangerous Level 1, 2, or 3 under Chapter 6.12 of this title; or

3. The dog is designated by the administrator as posing a danger to the public's health, safety, or welfare if misused by a convicted felon based upon the following factors:

a. The nature of any complaints regarding the dog,

b. The strength of the dog, including jaw strength,

c. The dog's tolerance for pain,

d. The dog's tendency to refuse to terminate an attack,

e. The dog's potential propensity to bite humans or other domestic animals,

f. The dog's potential for unpredictable behavior,

g. The dog's aggressiveness, or

h. The likelihood that a bite by the dog will result in serious injury.

D. Any dog whose owner or keeper is in violation of this section shall be impounded, or impounded subject to destruction, at the owner's expense.

(Ord. 1838 N.S. § 3 (part), 2007; Ord. No. 2276 N.S., § 21, 5-2-2018)

Any convicted felon who wishes to own, purchase, receive or have in his or her possession or under his or her custody or control a dog weighing more than twenty pounds under Section 6.28.100(C)(1) of this chapter, or a dog that the administrator designates as posing a danger to the public's health, safety or welfare if misused by a convicted felon under Section 6.28.100(C)(3) of this chapter, may apply for a prohibited dog permit to own, keep or maintain that dog. If there is probable cause to believe that a dog poses a danger to the public's health, safety or welfare if misused by a convicted felon, the dog may be impounded pending a determination made under this article and until any required permit is obtained. If the administrator designates a dog as posing a danger to the public's health, safety or welfare if misused by a convicted felon, written notice of this designation shall be mailed to the owner or person having a right to control the dog. The owner or person having a right to control the potentially dangerous dog must pay an application fee and apply for the prohibited dog permit within fifteen calendar days after the mailing of the written notice of designation. The administrator may deny a prohibited dog permit if he or she determines that the dog poses a danger to the public's health, safety or welfare, or may condition the issuance of the permit upon the permittee's written agreement to comply with conditions of ownership to be determined by the administrator. These conditions of ownership may include, but are not limited to, those found under Section 6.12.200 of this title. A prohibited dog permit may subsequently be revoked by the administrator if there is probable cause to believe that the convicted felon's continued ownership of the dog poses a danger to the public's health, safety or welfare.

(Ord. 1838 N.S. § 3 (part), 2007)

A. Any permit issued under this chapter shall expire twelve months from the date of issuance. The procedure for the renewal of a permit shall be the same as for an original permit.

B. Upon failure to make application for the renewal of a permit within thirty days of the expiration of a permit, or prior thereto, the applicant shall pay, in addition to the permit fee, a ten-dollar penalty for late renewal.

(Ord. 1838 N.S. § 3 (part), 2007)

Permits issued pursuant to the provisions of this chapter are not transferable.

(Ord. 1838 N.S. § 3 (part), 2007)

At the appeal hearing, petitioner and the animal control division may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to relying in the conduct of serious affairs. The petitioner shall be given written notice of the decision within fifteen days of the hearing. The administrator shall order the animal released without conditions, released with conditions, shall designate the animal vicious, dangerous and/or potentially dangerous Level 1, 2 or 3 and order release with conditions, or as for dogs designated Level 3 shall order the animal destroyed. The decision of the administrator shall be final and shall be supported by the weight of the evidence. Any release conditions imposed by the administrator shall be solely in the interest of protecting public health, safety and property and may include the obligation to inform, along with animal control, any city, county, postal, service utility company, employee, meter reader, and anyone else that comes on the property with implied consent or peaceably and lawfully of the animal's dangerousness.

(Ord. 1838 N.S. § 3 (part), 2007)