Chapter 8.04 — POTENTIALLY DANGEROUS, DANGEROUS, AND VICIOUS ANIMALS

(a)

Because of the increased urbanization of City of Perris, the city has experienced increasing numbers of residents with dogs.

(b)

In an attempt to control, it is necessary to: (1) increase the total number of animals which are licensed and thus properly established to have been vaccinated against rabies; (2) encourage the spaying and neutering of animals, which (a) reduces the number of strays at large and not safely confined, (b) reduce aggressiveness and animals at large, and (c) reduces the financial cost to taxpayers of animal control services; and (3) establish a warning and hearing procedure to put the owners of potentially dangerous, dangerous dogs and other animals on adequate notice to control such animals and to bring about the confinement of such animals and the destruction of those animals where other lesser measures have failed or are inappropriate.

(Ord. No. 1380, § 2, 5-14-2019)

Whenever, in this chapter or in any resolution or standard adopted by the city council pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent from the context thereof, that some other meaning is intended.

Potentially dangerous animal means:

Any animal which has once actively pursued, attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person engaged in a lawful activity.

Any animal which has once attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another animal.

Any animal which is found actively pursuing livestock, domestic bovine animal, horse, mule, burro, sheep, goat, swine, poultry, chicken, duck, turkey, goose or other domestic fowl, dogs, cats, or other domestic animals.

Substantial injury means a substantial impairment of the physical condition of a person or animal which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss, or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, punctures, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.

Dangerous animal means:

Any animal which has twice within a 36 month period in two separate incidents has, actively pursued, attacked, bitten or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person or animal engaged in a lawful activity;

Any animal which has once attacked, bitten, or otherwise caused injury to a person or animal engaged in lawful activity, resulting in death or substantial injury;

Any animal which has been previously declared a "potentially dangerous animal" and the owner/custodian has failed to restrain the animal as so directed; or

Any dog which has been declared a "potentially dangerous dog" as defined by California State Law during any legal hearing process.

Secure enclosure means a fence or structure suitable to prevent the entry of young children or any part thereof, and which is suitable to confine a potentially dangerous or dangerous animal in conjunction with other measures, which may be taken by the owner, keeper of the animal, or at the direction of the senior animal control officer The enclosure shall be designed to prevent the animal from escaping and from

preventing an adult or child from coming in contact with the animal. (A chain where a person can walk within the length of the chain, or an electric collar or invisible fence is not a sufficient restraint or enclosure.)

Vicious dog means:

Any dog which, when unprovoked, in an aggressive manner, inflicts injury on or kills a human being or animal.

Any dog previously determined to be and currently listed as a potentially dangerous dog which after its owner or keeper has been notified of this determination, continues the behavior described in section 31602 of the Food and Agricultural Code or is maintained in violation of sections 31641, 31642, or 31643 of the Food and Agricultural Code.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

If the animal control division has cause to believe that an animal is a potentially dangerous animal, the senior animal control officer or their designee shall issue a potentially dangerous animal restraint order to the owner or custodian of any such dog or animal that fits the description described in this chapter, of a potentially dangerous animal. The statement shall be served by hand-delivery or certified and first-class mail. The statement shall notify the owner or custodian of such animal that such owner or custodian is required thereafter at all times to keep such animal in a secure enclosure or provide such other adequate secure restraint as may be specified on the restraint order.

(b)

An owner or custodian of an animal receiving a potentially dangerous animal restraint order may request a hearing on the order by a hearing officer selected by the senior animal control officer or its designee. The request for a hearing must be submitted in writing, during the ten calendar days following the service of the order. Pending such hearing, the animal must be kept in a secure enclosure or adequately restrained as specified in the restraint order.

(c)

Failure of the owner or custodian to request a hearing on the restraint order within the ten day period, or failure to attend or be represented at a scheduled hearing, shall constitute a waiver of the right to a hearing and shall satisfy the hearing requirements provided herein.

(d)

All hearings pursuant to subsection 8.04.030(b) shall be conducted by the hearing officer who shall not have been directly involved in the subject action. Hearings shall be held not more than ten working days

from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a period of time not to exceed 30 days if the hearing officer deems such continuance to be necessary and proper. Within ten days after the conclusion of the hearing, the hearing officer shall render, in writing, his or her findings, decision, and order thereon and shall give notice of the findings, decision, and order to the owner or custodian of the subject animal; service of such notice shall be by mail or hand delivery.

(e)

Costs for successful enforcement of this section shall be recouped from the animal's owner or custodian pursuant to section 8.02.310..

(f)

An animal which has been determined to be a potentially dangerous animal following the conclusion of the process described in subsections 8.04.030(a)—(d) shall be added to a list of potentially dangerous animals maintained by the animal control division. Once an animal has been determined to be a potentially dangerous animal, if there are no additional instances of the behavior described in the definition for a potentially dangerous animal in section 8.04.020 within a 36 month period from the date of the restraint order, the animal may be removed from the list of potentially dangerous animals by the senior animal control officer.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

If the animal control division has cause to believe that an animal is a dangerous animal, the senior animal control officer or their designee shall issue a dangerous animal restraint order to the owner or custodian of any such dog or animal that fits the description described in this chapter, of a potentially dangerous animal. The statement shall be served by hand-delivery or certified and first-class mail. The statement shall notify the owner or custodian of such animal that such owner or custodian is required thereafter at all times to keep such animal in a secure enclosure or provide such other adequate secure restraint as may be specified on the restraint order.

(b)

An owner or custodian of an animal receiving a dangerous animal restraint order may request a hearing on the order by a hearing officer selected by the senior animal control officer or its designee. The request for a hearing must be submitted in writing, during the ten calendar days following the service of the order. Pending such hearing, the animal must be kept in a secure enclosure or adequately restrained as specified in the restraint order.

(c)

Failure of the owner or custodian to request a hearing on the restraint order within the ten day period, or failure to attend or be represented at a scheduled hearing, shall constitute a waiver of the right to a hearing

and shall satisfy the hearing requirements provided herein.

(d)

All hearings pursuant to subsection 8.04.040(b) shall be conducted by the hearing officer who shall not have been directly involved in the subject action. Hearings shall be held not more than ten working days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a period of time not to exceed 30 days if the hearing officer deems such continuance to be necessary and proper. Within ten days after the conclusion of the hearing, the hearing officer shall render, in writing, his or her findings, decision, and order thereon and shall give notice of the findings, decision, and order to the owner or custodian of the subject animal; service of such notice shall be by mail or hand delivery.

(e)

Costs for successful enforcement of this section shall be recouped from the animal's owner or custodian pursuant to section 8.02.310.

(f)

An animal which has been determined to be a dangerous animal following the conclusion of the process described in subsections 8.04.040(a)—(d) shall be added to a list of dangerous animals maintained by the animal control division.

(Ord. No. 1380, § 2, 5-14-2019)

No animal may be determined vicious if: (1) Any such bite, threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian of the animal, or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the animal, or was teasing, tormenting, abusing or assaulting the animal or who has, in the past, teased, tormented, abused or assaulted the animal; or (2) Such animal is used in military or police work and any such bite, threat, injury or damage was sustained while the animal was actually performing in that capacity.

(Ord. No. 1380, § 2, 5-14-2019)

The animal control division is authorized and empowered to impound and/or abate (destroy) any dangerous or vicious animal as a public nuisance independently of any criminal prosecution or the results thereof by any means reasonably necessary to protect the health, safety and welfare of the public including, but not limited to, the imposition upon the owner and/or custodian of specific, reasonable restrictions and conditions for the maintenance of the animal. In carrying out an abatement, the division shall follow the procedure as set forth in section 8.02.320.

Restrictions and/or conditions resulting from abatement proceedings may include, but are not limited to, the following:

(1)

Requiring the owner of the animal, possessor of the animal, and/or owner of the premises on which the animal is kept to obtain and maintain liability insurance in the amount of $100,000.00 and to furnish a certificate or proof of insurance by which the division shall be notified at least 30 calendar days prior to cancellation or nonrenewal;

(2)

Requirements as to the size, construction, and design of structured enclosure for the animal;

(3)

Location of the animal's residence including prior notice of plans to move the animal to another location or to a location outside of City of Perris and obtaining approval from the animal control division to do so after proper notification of animal regulation in the new jurisdiction;

(4)

Requirements as to type and method of restraints for the animal; including but not limited to leashes, muzzles and confinement in a kennel or other facility;

(5)

Photo identification or permanent marking of the animal for purposes of identification;

(6)

A requirement to obtain a dangerous animal registration and/or requiring a tattoo or microchip noting the declaration and registration with City of Perris Animal Control;

(7)

A requirement to alter the animal;

(8)

Requirements to allow inspection of the animal and its enclosure by the animal control division or any other law enforcement agency without warrant, and to produce upon demand, proof of compliance with such requirements of this section; as may be applicable;

(9)

Obtaining written permission to keep the animal on certain specified premises from the landlord or owner, in the event that the owner/custodian of the dangerous animal is a tenant or occupant on real property where the animal is being kept;

(10)

Payment of a reasonable fee to recover the costs of animal services in verifying compliance and enforcing the provisions of this section;

Any person who violates any provision of this section is guilty of an infraction or misdemeanor, if charged.

(Ord. No. 1380, § 2, 5-14-2019)

It is unlawful for the owner or person in charge of any animal that has been found to be a potentially dangerous animal, dangerous animal, or vicious animal to fail, neglect, or refuse to keep posted in a conspicuous place at or near the entrance to the premises on or within which any dog or animal is kept, a sign having letters at least two inches in width and two inches in height and reading "Beware of vicious dog" or "Beware of vicious ____________," as may be appropriate.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

The owner and/or custodian of an animal that is on restriction as above provided and who moves or sells the animal, or otherwise transfers the ownership, custody or location of the animals(s), shall, at least 15 days prior to the actual transfer or removal of the animal, notify the animal control division in writing of the name, address and telephone number of the proposed, new owner or custodian, and/or the proposed, new location of the animal, and the name and description of the animal. The division may prohibit the proposed relocation for cause.

(b)

The owner and/or custodian shall, in addition to the above, notify any new owner or custodian in writing regarding the details of the animal's record, and the terms and conditions for confinement and control of the animal. The transferring owner and/or custodian shall also provide the division with a copy of the notification to the new owner or custodian containing an acknowledgment by the new owner or custodian of his or her receipt of the original notification and acceptance of the terms and conditions. The division may impose different or additional restrictions or conditions upon the new owner or custodian.

(c)

If the animal should die, the owner and/or custodian shall notify the division no later than 24 hours thereafter and, upon request, from the division shall produce the animal for verification. If the animal injures a person or animal, or if the owner and animal move to a new location, the owner and/or custodian shall notify the division no later than 24 hours thereafter. If the animal escapes, the owner and/or custodian shall immediately notify the division and make every reasonable effort to recapture the escaped animal.

(d)

An animal that has been declared dangerous or vicious in any legal hearing, as a result of aggressive behavior, outside the confines of City of Perris, may not be relocated in City of Perris.

(e)

Any person who violates any provision of this section is guilty of an infraction or misdemeanor, if charged.

(Ord. No. 1380, § 2, 5-14-2019)

It is unlawful for a person to have the custody of or own or possess an animal that is restricted as above provided, unless the animal continues to be restrained or confined to prevent it from being at large or from causing damage to any property or injury to any person or other animal. Any person who violates any imposed restriction is guilty of a misdemeanor.

(Ord. No. 1380, § 2, 5-14-2019)

The owner and/or custodian of any animal on restriction who is in violation of section 8.04.090 shall surrender such animal to the animal control division upon demand.

(Ord. No. 1380, § 2, 5-14-2019)

Charges for hearing procedures and costs of confinement at a shelter associated with enforcement under this chapter shall be recovered from the animal's owner or custodian as per sections 8.02.310 and 8.02.320.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

Except in cases where a different punishment is specifically prescribed elsewhere in the City of Perris Municipal Code, every misdemeanor offense is punishable by imprisonment in the city or county jail for a period not exceeding six months, or by fine not exceeding $1,000.00, or by both, provided that where the city attorney determines that such action would be in the interests of justice, the city attorney may specify in the accusatory pleading that the offense shall be an infraction.

(b)

Except as otherwise prescribed elsewhere in this Code, every offense specifically declared to be an infraction is punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same provision within one year, and a fine not exceeding $500.00 for each additional violation of the same provision within one year. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his written promise to appear, his own recognizance or a deposit of bail. However, any person who has previously been convicted two or more times during any 12-month period for any crime made punishable as an infraction shall be guilty of a misdemeanor upon the third violation.

(c)

Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by:

(1)

A fine not exceeding $100.00 for a first violation;

(2)

A fine not exceeding $500.00 for a second violation of the same ordinance within one year;

(3)

A fine not exceeding $1,000.00 for each additional violation of the same ordinance within one year of the first violation.

The remedies herein are not exclusive and city may seek any and all remedial action by any available means under the law.

(Ord. No. 1380, § 2, 5-14-2019)

This chapter does not apply to dogs while utilized by any police department or any law enforcement officer in the performance of police work.

(Ord. No. 1380, § 2, 5-14-2019)

Nothing in this chapter shall prevent the City of Perris Animal Control Division or any other party from commencing and maintaining court proceedings for the restriction or destruction of any animal as authorized under Food and Agricultural Code section 31601 et seq.

(Ord. No. 1380, § 2, 5-14-2019)