Chapter 6.24 — KEEPING OF POTENTIALLY DANGEROUS AND VICIOUS ANIMALS

A.

Whenever an animal suspected of being potentially dangerous or vicious is reported, an animal services officer shall investigate the circumstances and if the officer finds that the animal shows a propensity to attack, bite, scratch, annoy or harass people or other animals without provocation, or displays any other such behavior, the officer shall notify the owner in writing, stating the facts and circumstances. The animal services officer may order that the animal be kept within an enclosure, securely leashed or otherwise controlled.

B.

If the animal services officer has probable cause to believe an animal may be designated as "potentially dangerous" or "vicious" under this chapter, and the owner is unwilling or unable to properly contain and/or control the animal immediately or the animal poses an immediate threat to the safety of persons or domestic animals, the animal may be seized pending the outcome of a hearing or trial and any appeals conducted pursuant to this chapter, or during the period of time the owner requires to comply with any requirements imposed hereunder. Any animal seized hereunder shall be impounded and kept at the animal shelter at the owner's expense.

C.

The animal's owner shall be charged for all costs incurred or fees applicable with respect to such impoundment unless a finding is made that the animal is not potentially dangerous or vicious, in which case the owner shall be charged only for independently incurred impound costs and fees, if any. An animal held under the provisions of this section shall not be released until the owner pays all charges as specified in Chapter 6.16.080 of this title. If the owner refuses to pay such charges, the animal shall be treated as abandoned by the owner, and disposed of pursuant to Chapter 6.16.100 of this title. Disposal of the animal does not release the owner from his/her responsibility to pay the keeping charges.

D.

The owner of an animal that has bitten another animal or person shall, upon demand from any animal services officer, demonstrate to the animal services officer that the animal has been properly immunized with a rabies vaccine in accordance with the provisions of this chapter or otherwise release the animal to the animal services officer for inspection or quarantine.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

If an animal services officer has investigated and determined that there is probable cause to believe that an animal is potentially dangerous or vicious, the city manager, the Chief of Police or their designee may prepare a petition to have the animal declared potentially dangerous or vicious. The petition may be filed with the Court or the city manager. If filed with the Court, the procedures set forth in Food and Agricultural Code Sections 31621 through 31624, as those sections may be amended from time to time, shall apply. If filed with the city manager, the procedures set forth in this chapter shall apply. The petition shall be on forms prescribed by the Judicial council or by the city attorney's office.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

There is hereby created an administrative procedure for the hearing of petitions filed with the city manager. Hearings for classification as "potentially dangerous" or "vicious" shall be conducted as follows:

A.

The owner shall be given, by first class mail with return receipt requested, or personal service, notice of a hearing, a copy of the petition, and notice of the restrictions that will apply to the animal if it is classified as a potentially dangerous or vicious animal. A failure of the owner to receive notice by first class mail with return receipt requested shall not affect the validity of these proceedings.

B.

The owner may waive his/her right to a hearing by filing a written waiver with the Animal Services Division, whereupon the Animal Services Division shall make the findings and apply the sanctions provided in this chapter.

C.

If the animal has not been impounded, the hearing shall be set not less than five working days nor more than thirty days after the notice was mailed to the owner by first class mail with return receipt requested or the owner was personally served. If the animal has been impounded, the hearing shall be set not less than five days after the notice was mailed to the owner by first class mail with return receipt requested or the owner was personally served, and within fifteen days of the date of impoundment. The owner of the animal may agree to an earlier or later hearing date.

D.

If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued.

E.

The hearing shall be conducted before a hearing officer appointed by the city manager. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest or for any other reason for which a judge may be disqualified in a court of law. The city manager shall establish a list of qualified persons who are capable of acting on behalf of the city as hearing officers.

F.

The hearing shall be conducted informally and the technical rules of evidence shall not apply. The hearing officer shall consider all relevant evidence presented at the hearing. The officer filing the petition shall be present at the hearing and shall present evidence that the animal is potentially dangerous or vicious by witness testimony or affidavits, incident reports, and other records.

G.

The hearing officer may continue hearings, based on good cause, as established by one of the parties to the hearing.

H.

After the hearing, the owner or keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first class mail with return receipt requested. The hearing officer shall make a written determination within fifteen days after the hearing is concluded, unless the animal has been impounded, in which case the determination shall be made in five working days. The decision of the hearing officer shall be final. A failure of the owner to receive notice by first class mail with return receipt requested shall not affect the validity of these proceedings.

I.

If the owner or keeper of the animal contests the determination, he or she may, within five days of the service of the notice of determination if service is by personal service, or within six days of service of the notice of determination if service is by mail, appeal the decision of the hearing officer to the Fresno County Superior Court. The owner or keeper of the animal shall serve personally or by first class mail with return receipt requested notice of the appeal to the city. Any such appeal shall be a trial de novo.

J.

The determination of the court hearing the appeal shall be final and conclusive upon all parties.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A.

Vicious Animals. If an animal is determined to be vicious, the following sanctions shall be applied:

The animal shall be released to the animal shelter for euthanasia. At the discretion of the city manager, the animal may be immediately removed from the city limits subject to approval by the receiving jurisdiction's department of animal control and provided the receiving jurisdiction determines that the animal does not pose a substantial threat to public health and safety at the new location.

The owner of the vicious animal shall be prohibited from owning, possessing or controlling other animals of the same species for a period of three years after the original determination that the animal is vicious.

If the animal is not euthanized, the owner shall register the animal as vicious and pay a fee as set forth in the city's fee schedule or by separate resolution.

If the animal is not euthanized, the owner shall authorize the Animal Services Division to implant the animal with a microchip identification device, and the owner shall pay for the cost associated with the implementation of the microchip.

If the animal is not euthanized, the animal shall be licensed and vaccinated in the jurisdiction where the animal is to be taken.

If the animal is not euthanized, the owner shall spay or neuter the animal, at the owner's expense, within ten days after the vicious animal determination. The owner shall provide a deposit in the amount of one thousand dollars to ensure the spay or neuter of the animal which deposit shall be forfeited if the owner does not provide proof of the spay or neuter within the ten day time period. In addition, the failure to have the animal spayed or neutered shall be considered a violation of this section.

The owner of the animal shall be liable for all redemption fees incurred pursuant to chapter 6.16.080 of this title. Those fees shall be paid within six days of the decision of a hearing officer or court, and before the

animal is released from the animal shelter. If the owner fails to pay those fees and redeem the animal from the animal shelter within six days of the decision of the hearing officer or court, the animal shall be deemed abandoned.

B.

Potentially Dangerous Animals. If an animal is designated "potentially dangerous" the following sanctions shall be applied:

The owner of such animal shall immediately keep such animal securely inside the owner's or custodian's dwelling, in an enclosure on the owner's or custodian's premises, or under other adequate control as approved by the city manager. If an approved means of restraint is impossible or impracticable, such animal shall be impounded in the animal shelter at the owner's expense, until such time as the owner of such animal shall provide for an approved means of restraint. If the owner of the animal does not provide an approved means of restraint within six days of the decision of the hearing officer or court, the animal shall be deemed abandoned.

The owner of a potentially dangerous animal shall conspicuously display signs with a symbol warning of the presence of a potentially dangerous animal.

While off the owner's premises, a potentially dangerous animal shall at all times be restrained by a substantial chain or leash not exceeding six feet in length, held by and under the control of a responsible adult physically capable of retaining control of the animal.

All potentially dangerous animals shall be properly licensed and vaccinated. In addition, the city shall include a designation of potentially dangerous in the registration records of such animal, and the owner shall pay an annual potentially dangerous animal registration fee, in addition to the regular license fee. The fee shall be as set forth in the city's fee schedule or by separate resolution.

A potentially dangerous dog shall be spayed or neutered, at the owner's expense, within thirty days of a potentially dangerous animal determination. The owner shall provide a deposit in the amount of one thousand dollars to ensure the spay or neuter of the animal which deposit shall be forfeited if the owner does not provide proof of the spay or neuter within the thirty-day time period. In addition, the failure to have the animal spayed or neutered shall be considered a violation of this section.

The owner of the animal shall be liable for all redemption fees incurred pursuant to Chapter 6.16.080 of this title. Those fees shall be paid within six days of the decision of a hearing officer or court, and before the

animal is released from the animal shelter. If the owner fails to pay those fees and redeem the animal from the animal shelter within six days of the decision of the hearing officer or court, the animal shall be deemed abandoned.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

If all requirements for owners of potentially dangerous or vicious animals are not satisfied, or the owner is unable or unwilling to implement them, the animal shall be euthanized either by the animal shelter or by a licensed veterinarian. Proof of euthanasia shall be provided to the city manager within three days of its occurrence. The city manager is authorized to make whatever inspections he/she deems necessary to ensure compliance with these provisions.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A potentially dangers animal shall not be sold, bartered, given away, or laced in a new home without prior notification of and approval by the animal services division. Any new owner must comply with the requirements of this section. If the animal in question dies, or is sold, transferred, or permanently removed from the city where the owner of the records resides, the owner of the potentially dangerous animal shall notify the animal services division of the changed condition and new location of the animal in writing within two business days.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

criminal complaint; other rights not restricted.

A.

The keeping or harboring of a vicious animal, including a vicious dog, shall be considered a misdemeanor. As an alternative to filing a petition to have an animal declared vicious pursuant to this chapter, if an animal services officer has investigated and determined that there is probable cause to believe that an animal is vicious, the animal services officer may issue a misdemeanor criminal citation or may submit the case to the city attorney for filing of a criminal complaint. Upon conviction for a violation of this section, the Court may order the destruction of the animal or any conditions to insure that the animal is confined to an enclosure and such other measures to keep the animal under physical control. The animal may be seized and impounded pending final disposition by the court.

B.

Nothing in this animal regulations ordinance shall limit the right of any person or officer to take any proceedings against a potentially dangerous or vicious animal or the owner thereof otherwise permitted or provided by federal, state or local law, including the municipal code.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

Violations of this chapter or any orders from a court, a hearing officer, or the city manager pursuant to this shall be deemed misdemeanors. Such violations shall also carry civil penalties up to one thousand dollars.

(Ord. No. 370, §§ 1, 2, 3-11-2015)