Article 6 — Potentially Dangerous and Vicious Dogs

This article shall not prevent the Director from pursuing action under any other provision of this chapter or any court action under Food and Agriculture Code Section 31601, et seq., or any other applicable law. The Director, and designee, shall have the discretion to directly petition the court, under State law, to seek a determination of whether a dog is potentially dangerous or vicious. (§ 4, Ord. 933, eff. September 23, 2022)

This article does not apply to licensed kennels, humane society shelters, public animal shelters, veterinarians or to dogs used by peace officers in the performance of their peace officer work. (§ 4, Ord. 933, eff. September 23, 2022)

For the purposes of this article, unless the context otherwise requires,

• (a) The term "potentially dangerous dog" means any of the following:

  • (1) Any dog which, when unprovoked, on two separate occasions within the prior 36 month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and dog are off the property of the owner or keeper of the dog.

  • (2) Any dog which, when unprovoked, bites a person causing a less severe injury than the injury defined in Section 5-4.603, subdivision (c).

  • (3) Any dog which, when unprovoked, on two separate occasions within the prior 36 month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

• (b) The term "vicious dog" means either of following:

  • (1) Any dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

  • (2) Any dog previously determined to be and currently listed as a potentially dangerous dog that, after its owner or keeper has been notified of this determination, continues the behavior described in Section 5-4.603, subdivision (a), or is maintained in violation of Section 5-4.608 of this chapter.

• (c) The term "severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

• (d) The term "enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to prevent the dog from escaping. The dog shall be housed pursuant to Penal Code Section597t.

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City of Ojai, CA § 5-4.603

OJAI CODE

§ 5-4.605

• (e) The term "impounded" means taken into the custody of the Director. (§ 4, Ord. 933, eff. September 23, 2022)

• (a) If upon investigation it is determined by the Animal Control Officer or peace officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the Animal Control Officer or peace office may seize and impound the dog pending the hearings to be held pursuant to this article. The owner of the dog shall be liable to the Director for the costs and expenses of keeping the dog, according to the schedule of rates and fees approved by resolution, if the dog is later adjudicated potentially dangerous or vicious.

• (b) When the dog has been impounded pursuant to subdivision (a) and it is not contrary to public safety, the Director, or designee, shall permit the dog to be confined at the owner's expense in a Director approved kennel or veterinary facility.

• (§ 4, Ord. 933, eff. September 23, 2022)

• (a) If an Animal Control Officer or peace officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the Director or designee shall file, with a court having jurisdiction, or with a neutral and impartial Administrative Hearing Officer, a verified complaint setting forth facts that establish probable cause to believe the dog in question is potentially dangerous or vicious, and shall petition for a court hearing, or an administrative hearing, for the purpose of determining whether the dog should be declared potentially dangerous or vicious. The Director may authorize its own employee to conduct the hearing if the hearing officer is not the same person who signed the petition or directed the impoundment or seizure of the dog and is not junior in rank to such person(s). In the alternative, the Director may use the services of a neutral and impartial Hearing Officer from outside the Director. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer or peace officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The Director, or designee, shall notify the owner or keeper of the dog that a court or administrative hearing will be held, at which time the owner or keeper of the dog may present evidence as to why the dog should not be declared potentially dangerous or vicious. The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first class mail with return receipt requested. The hearing shall be held promptly within no less than five working days but not more than 10 working days after service of notice upon the owner or keeper of the dog. The hearing shall be open to the public.

• (b) The Hearing Officer shall have the power to administer oaths or affirmations when necessary in conjunction with the hearing.

• (c) The court or Administrative Hearing Officer may admit into evidence all relevant evidence, including the incidence report and the affidavits of witnesses. Any party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses on any matter relevant to the issues even if such matter was not covered on direct examination, and to impeach any witness regardless of which party first called the witness to testify. Any

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-4.605

§ 5-4.606

relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence or objection in a civil action. Hearsay evidence shall be admissible for any purpose but shall not be sufficient itself to support a finding unless it would be admissible over objection in a civil action.

onsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence or objection in a civil action. Hearsay evidence shall be admissible for any purpose but shall not be sufficient itself to support a finding unless it would be admissible over objection in a civil action.

• (d) Before and after the hearing has commenced, any party may request the court or Administrative Hearing Officer to issue subpoenas and subpoenas duces tecum for attendance and the production of documents at the hearing. Compliance with the provisions of Section 1985 of the Code of Civil Procedure that be a condition precedent to the issuance of a subpoena duces tecum. Any person duly subpoenaed to appear and testify or to produce any documents and who wrongfully neglects or refuses to appear or testify or to produce such documents is guilty of a misdemeanor.

• (e) A jury shall not be available. The court or Administrative Hearing Officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make such other necessary orders.

• (f) All court forms approved for optional use by the Judicial Council of California, pursuant to Food and Agriculture Code Sections 31601, et seq., may also be used for purposes of any administrative hearing.

• (§ 4, Ord. 933, eff. September 23, 2022)

• (a) After the hearing conducted pursuant to Section 4470-5 of the Ventura County Municipal Code, the owner or the keeper of that animal shall be notified in writing of the determination and orders issued, either personally or by first-class mail, return receipt requested, by the court or Administrative Hearing Officer. If a determination is made that a dog is potentially dangerous or vicious the owner or keeper of the animal shall comply with Section 5-4.614 in accordance with a time schedule established by Director but in no case more than 30 days after the date of the determination or 35 days if the determination is mailed to the owner or keeper of the dog. If the petitioner or owner or keeper of the dog contests the determination, they may, within five days of the receipt of the court order or notice of determination, appeal the decision of the hearing entity. The fee for filing an appeal, payable to the clerk of court, is as provided by Government Code Section 70626, subdivision (b). The appeal of an administrative order shall be to the Superior Court. The appeal of a court order shall be to the appellate division of the Superior Court. The petitioner or the owner or keeper of the dog shall serve personally or by first-class mail, return receipt requested, notice of the appeal upon the other party.

• (b) The court hearing the appeal shall conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and other relevant issues, based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods set forth in Section 5-4.605. The issue shall be decided by a preponderance of the evidence. The court may admit all relevant evidence including incidence reports and affidavits of witnesses. If the court rules the dog to be potentially dangerous or vicious, the court may establish a time schedule to ensure compliance with its order, but in no case more than 30 days subsequent to the date of the court's determination or 35 days if the service of the judgment is by first-class mail.

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City of Ojai, CA § 5-4.606

OJAI CODE

§ 5-4.608

• (c) The hearing entity of original jurisdiction and the court hearing the appeal may decide all issues for or against the owner or keeper of the dog even if the owner or keeper fails to appear at the hearing. The determination of the court hearing the appeal shall be final and conclusive upon all parties.

• (§ 4, Ord. 933, eff. September 23, 2022)

• (a) No dog may be declared potentially dangerous or vicious if 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 keeper of a dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog.

• (b) No dog may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

• (§ 4, Ord. 933, eff. September 23, 2022)

• (a) A potentially dangerous dog, while on the owner's property, shall at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escaped, and into which children cannot trespass. The Director must inspect and give written approval for the yard or enclosure within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner. A potentially dangerous dog may be off the owner's premises only if it is restrained by a non-retractable leash no longer than four feet, and if it is under the control of a responsible adult. At no time may the dog be left unattended while off the owner's premises.

• (b) The dog must be spayed or neutered at the expense of the owner before the release of the dog to its owner. If the dog was not impounded, the dog owner must provide proof to the Director that the dog has been spayed or neutered within 30 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner.

• (c) The owner must post one or more signs on the premises, at locations approved by the Director, stating that a potentially dangerous dog resides at the premises. The sign(s) must be posted within seven calendar days after the administrative decision or court order declaring the dog to be potentially dangerous is served on the owner.

• (d) The Administrative Hearing Officer or court may impose other reasonable conditions that are necessary to protect the public safety and welfare.

• (e) All charges for services performed by the Director and all penalties must be paid before release of the dog to its owner. If the owner does not take possession of the dog within 72

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-4.608

§ 5-4.611

hours from notification of determination to release the dog, the dog will be deemed abandoned and may be disposed of by the Director. If the dog is being held somewhere other than the animal shelter, all charges for services performed by the Director and all penalties must be paid within 14 calendar days after services are performed or the charges or fines are ordered to be paid.

• (f) A violation of an administrative decision or court order following a determination that a dog is potentially dangerous, may result in the filing of an action to determine whether the dog is vicious under Section 5-4.603, subdivision (b).

• (§ 4, Ord. 933, eff. September 23, 2022)

• (a) If a dog determined to be potentially dangerous dies, or is sold, transferred or permanently removed from the city or county where the owner resides, the owner of a potentially dangerous dog shall notify the Director of the changed condition and new location of the dog in writing within two working days. In addition, if the dog is moved to another jurisdiction, the dog's owner is required to provide the animal control authorities of the new jurisdiction with a copy of the administrative decision or court order during the effective period of the decision or court order.

• (b) The owner of a dog determined to be potentially dangerous must notify the Director immediately if the dog is at large or has committed an attack on any person, domestic animal or livestock.

• (§ 4, Ord. 933, eff. September 23, 2022)

If there are no additional instances of the behavior described in Section 5-4.603 within a 36 month period from the date of designation of a potentially dangerous dog, upon written application by the dog's owner, the dog shall be removed from the Director's list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the 36 month period if the owner of the dog demonstrates to the Director that changes in circumstances or measures taken by the owner, such as training of the dog, have mitigated the risk to public safety. (§ 4, Ord. 933, eff. September 23, 2022)

• (a) A dog determined to be vicious may be destroyed by the Director when it is found under Section 5-4.606, that the release of the dog would create a significant threat to the public health, safety and welfare.

• (b) If it is determined that a dog found to be vicious shall not be destroyed, the administrative hearing officer shall impose conditions upon the ownership of the dog that protect the public health, safety and welfare.

• (c) If it is determined that a dog found to be vicious shall not be destroyed, the enclosure that is required shall meet the requirements of Section 5-4.603. The Director must inspect and give written approval for the yard or enclosure within 14 calendar days after the decision or court order declaring the dog to be vicious is served on the dog owner. A vicious dog

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City of Ojai, CA § 5-4.611

OJAI CODE

§ 5-4.614

may be off the owner's premises only if it is restrained by a nonretractable leash no longer than four feet, is wearing a Director-approved basket muzzle, and if it is under the control of a responsible adult. At no time may the dog be left unattended while off the owner's premises.

• (d) If it is determined that a dog found to be vicious shall not be destroyed, the dog must be spayed or neutered at the expense of the owner before the release of the dog to its owner. If the dog was not impounded, the dog owner must provide proof to the Director that the dog has been spayed or neutered within 30 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner.

• (e) If it is determined that a dog found to be vicious shall not be destroyed, the owner of a vicious dog must give written notice of the vicious dog determination to the United States Post Office (local branch) and to all utility companies providing services to the premises where the vicious dog is kept. The owner must provide a copy of the notices to the Director before the release of the dog from impound. If the dog was not impounded, the dog owner must provide a copy of the required notices to the Director within 14 days after the administrative hearing or court determination declaring the dog is vicious.

• (f) If it is determined that a dog found to be vicious shall not be destroyed, the owner must post one or more signs on the premises, at locations approved by the Director, stating that a vicious dog resides at the premises. The sign(s) must be posted within 24 hours after the administrative decision or court order declaring the dog to be vicious is served on the owner.

• (g) The administrative hearing officer or court may impose other reasonable conditions that are necessary to protect the public safety and welfare.

• (§ 4, Ord. 933, eff. September 23, 2022)

If a dog determined to be vicious dies, or is sold, transferred or permanently removed from the city or county where the owner resides, the owner of vicious dog shall notify the Director of the changed condition and new location of the dog in writing within two working days. In addition, if the dog is moved to another jurisdiction, the dog's owner is required to provide the animal control authorities of the new jurisdiction with a copy of the administrative decision or court order during the effective period of the decision or court order. The owner of a dog determined to be vicious must notify the Director immediately if the dog is at large or has committed an attack on any person, domestic animal or livestock.

(§ 4, Ord. 933, eff. September 23, 2022)

The owner of a dog determined to be a vicious dog in accordance with Section 5-4.606 may be prohibited by the Director from owning, possessing, controlling, or having custody of any dog for a period of up to three years, when it is found, after a hearing conducted under Section 5-4.605, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.

(§ 4, Ord. 933, eff. September 23, 2022)

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-4.614

§ 5-4.617

vicious dog.

• (a) The owner of a dog determined to be a potentially dangerous in accordance with Section 5-4.606 shall pay a fee to the Director in the amount set by resolution to reimburse the licensing authority for maintaining records of the dog's designation as a potentially dangerous dog, and for the Director's oversight and inspections subsequent to such designation.

• (b) The owner of a dog determined to be vicious in accordance with Section 5-4.606 shall pay a fee to the Director in the amount set by resolution to reimburse the licensing authority for maintaining records of the dog's designation as vicious and for the Director's oversight and inspections subsequent to such designation.

• (§ 4, Ord. 933, eff. September 23, 2022)

The administrative hearing officer or judicial officer who heard the petition to determine if a dog is potentially dangerous or vicious may schedule follow-up hearing dates to ensure compliance with all conditions imposed.

(§ 4, Ord. 933, eff. September 23, 2022)

The failure to comply with any condition ordered by the administrative hearing officer or judicial officer is a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both the fine and imprisonment. (§ 4, Ord. 933, eff. September 23, 2022)

A violation of any part of any administrative decision or court order may be the subject of a civil action for injunctive relief to enjoin the person who violated the decision or order. The filing and prosecution of an action for injunctive relief does not limit the authority or ability of the Director to take any other action permitted by law.

(§ 4, Ord. 933, eff. September 23, 2022)

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-4.701

§ 5-4.706