Chapter 6.28 — DANGEROUS AND WILD ANIMALS

• Editor's Note: Prior ordinance history: Prior code §§ 18.37 - 18.41, as originally adopted by Ordinance No. 1278, and Ordinance No. 2528.

The following words and phrases whenever used in this chapter are defined as follows:

(a) "Dangerous animal" means any dog or other animal which demonstrates a propensity to assault, bite, scratch or harass people or other animals without provocation. There shall be a rebuttable presumption that any animal that bites a person is a dangerous animal.

(b) "Wild animal" means any exotic, venomous, nondomestic, or untrained animal which because of its size, natural disposition, or other characteristic constitutes a hazard or menace to persons or animals or is likely to damage property.

(Ord. 3773 § 1 (part) 1987: Ord. 3257 § 7 (part), 1981: Ord. 2669 § 14 (part), 1972)

It is unlawful for any person owning or having possession, custody, charge, or control of any dog or other animal known by such person to be dangerous to cause or permit the animal to run loose about the person's premises in a manner endangering any person lawfully entering such premises, or cause or permit the animal to be unrestrained upon or about any public street, sidewalk, park, schoolyard, or property of other persons.

For purposes of this section, lawful entry to a premises includes but is not limited to entry made by a person in the performance of any duty imposed upon that person by the laws of this state or any city or county or by the laws or postal regulations of the United States, or when that person is on such property by reason of accident beyond control, or disaster, or by invitation either expressed or implied.

(Ord. 3773 § 1 (part), 1987: Ord. 3257 § 7 (part), 1981: Ord. 2669 § 14 (part), 1972)

(a) The superintendent of the animal center shall report in writing to the chief of police concerning any animal the superintendent is informed is, or believes to be, a dangerous animal.

(b) The chief of police or his designee shall set a date and time for a public hearing to determine whether such animal is a dangerous animal as defined in Section 6.28.010(a). Ten calendar days' written notice of the time and place for the hearing shall be given to the person who owns or has possession, custody, charge, or control of the animal.

(c) The chief of police or his designee shall preside at the hearing and shall summon witnesses, administer oaths, hear testimony, and determine whether the animal is a dangerous animal.

(d) In determining whether the animal is a dangerous animal, the chief of police or his designee shall consider evidence concerning any bites committed upon persons or other animals by the animal; provided, however that such evidence shall not be exclusive. An animal may be shown to be dangerous even though it is not proven to have bitten any person or other animal.

The chief of police or his designee shall also consider any assaults upon persons or other animals by the animal, any incidents of harassment by the animal, the circumstances surrounding any incident indicating the temper or viciousness of the animal and the general reputation of the animal in the community with respect to its temper and viciousness. The deliberation shall include any provocation that may have caused the animal to exhibit ferocious or vicious characteristics.

(e) The chief of police or his designee shall issue written findings and a decision, concerning whether the animal is a dangerous animal, within ten working days after the hearing is concluded.

(f) Once the person who owns or has possession, custody, charge, or control of the animal has been provided written notice of the time and place for the hearing, he shall ensure the protection of the public health, safety and welfare by securely confining the animal, prior to the hearing, at the animal services center or at a facility approved by the superintendent of the animal center. The animal's confinement shall continue, pending the issuance of the written decision of the chief of police or his designee following the hearing. All costs incurred as a result of the confinement shall be the sole responsibility of the owner, possessor or custodian of the animal.

(g) If the animal is determined to be a dangerous animal, the chief of police or his designee may revoke the animal's license and order its removal from the city within twenty-four hours, order its destruction, or grant a permit for possessing a dangerous animal as provided in Section 6.28.040.

(h) It is unlawful for any person to own or have possession, custody, charge, or control of any dangerous animal ordered from the city by the chief of police or his designee pursuant to this section. Any dangerous animal within the city twenty-four hours after the removal order is issued shall be subject to seizure by animal control officers or the police.

(Ord. 3773 § 1 (part), 1987: Ord. 3257 § 7 (part), 1981: Ord. 2669 § 14 (part), 1972)

(a) It is unlawful for any person to own or have possession, custody, charge, or control of any elephant, bear, hippopotamus, rhinoceros, ocelot,

lion, tiger, alligator, crocodile, leopard, wolf, monkey, squirrel, raccoon, skunk, dangerous dog or other dangerous animal as determined by the public hearing process provided for in Section 6.28.030, venomous or dangerous reptile of any kind, or any other wild animal without first obtaining a permit from the superintendent of the animal center. Any dangerous dog shall also be licensed.

(b) Applicants for such permit shall pay an annual permit fee per animal as set forth in the municipal fee schedule.

(c) All permits provided for in this section shall be valid for one year from the date of issuance, unless revoked as provided in this section.

(d) Upon receipt of an application for a permit to maintain any of the animals set forth in this section, the superintendent of the animal center may issue such permit if he is satisfied that such animal will be kept in a safe, secure and humane fashion and without menacing the safety of any person or animal or causing damage to property. As a condition of granting the permit, the superintendent of the animal center may require that such animal be properly caged or tethered and may make and issue regulations regarding the possession or maintaining of such animal within the city.

Any conditions for granting of a permit must be noted on the permit at the time of issuance or at a later date that the chief of police or the superintendent of the animal center deems necessary. Special conditions may include but are not limited to:

(1) Keeping the animal confined on the premises in an enclosure approved by the chief of police or the superintendent of the animal center;

(2) Keeping the animal securely muzzled, leashed, and under the control of a person eighteen years of age or older, and who is physically capable of restraining the animal when the animal is either on or off the property of the person having control, custody, care, or ownership of the animal;

(3) Providing financial responsibility for the animal by posting a bond or certificate of insurance to an amount deemed necessary by the city loss control manager or the chief of police, which shall not be less than the amount of fifty thousand dollars;

(4) Providing for the surgical spaying or neutering of the animal to prevent reproduction.

(e) Any permit issued under this section may be revoked when any provision of this chapter, or any condition or regulation issued by the chief of police or his designee or the superintendent of the animal center under this chapter, is violated, or when, in the opinion of the chief of police, the safety of any person or animal is menaced or property is likely to be damaged by the possession or maintenance of such animal.

(f) This section shall not apply to any dangerous or wild animal caged in a safe and humane manner when being transported through the city or when such animal is within the city under the control of a city-licensed circus, carnival, traveling show, or collection of animals.

However, in all cases, persons owning, caring for, or having control of any animal known as a dangerous animal or wild animal as defined in this section or Section 6.28.010 must post at entrances to the property where such animal is kept, a sign not less than fifteen inches square, containing the warning, both in written and pictorial form, that a dangerous or wild animal is present. If in transit, any cages or containers used to hold such animals must have a clearly visible notice attached to such cage or container warning of the presence of dangerous or wild animals.

(Ord. 3773 § 1 (part), 1987: Ord. 3257 § 7 (part) 1981: Ord. 2960 § 41, 1976: Ord. 2669 § 14 (part) 1972)