Petaluma Municipal Code Ch. 9.24 Dangerous and Potentially Dangerous Animals

A. Authority. Pursuant to Food and Agricultural Code §31683 and its general police powers, the city adopts this

chapter regulating dangerous and potentially dangerous animals.

B. Purpose. The keeping of an animal deLned as dangerous or potentially dangerous under this chapter shall be

declared a public nuisance and shall be abated in accordance with the provisions of this chapter. The procedure

for abatement set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city

from enforcing other ordinances or abating public nuisances in any other manner provided by law. Furthermore,

this chapter shall not preempt or preclude a person from Lling a private lawsuit seeking to abate as a private

nuisance an animal that is dangerous.

(Ord. 2185 NCS §2, 2004.)

A. "Potentially dangerous animal" means an animal, except a dog assisting a peace oNcer engaged in law

enforcement duties, which demonstrates any or all of the following behavior a Lrst time, but does not inMict

serious injury to either a human or another animal:

1. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury

and/or property damage in a place where such person is acting lawfully;

2. An attack, without provocation, on another animal or livestock which occurs oO the property of the

owner of the attacking animal;

3. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a

place where such person is acting lawfully;

4. An attack, without provocation, that results in a non-severe injury to a person in a place where such

person is acting lawfully.

B. "Dangerous animal" means an animal, except a dog assisting a peace oNcer engaged in law enforcement

duties, which demonstrates any or all of the following behavior:

1. A single attack, without provocation, that results in a severe injury or death to a person in a place where

such person is acting lawfully;

2. A single attack, without provocation, on another animal or livestock which occurs oO the property of the

owner of the attacking animal and that results in the death of the other animal or livestock;

3. A second attack, without provocation, which requires a defensive action by any person to prevent bodily

injury and/or property damage in a place where such person is acting lawfully;

4. A second attack, without provocation, on another animal or livestock, which occurs oO the property of

the owner of the attacking animals;

5. A second display of behavior, without provocation, that constitutes a physical threat of bodily harm to a

person in a place where such person is acting lawfully;

6. A second attack, without provocation, that results in a non-severe injury to a person in a place where

such person is acting lawfully;

7. A combination of behaviors or attacks described in Section 9.24.020(A) that occur without provocation on

two separate occasions.

C. "Serious injury" is deLned as any physical injury to a human being or animal that results in muscle tears or

disLguring lacerations or requires multiple sutures or corrective or cosmetic surgery or causes severe bruising.

D. "Enclosure" means a fence or structure of at least six feet in height forming or causing an enclosure suitable

to prevent the entry of young children and suitable to humanely conLne an animal with adequate exercise area,

and posted with an appropriate warning sign, in conjunction with other measures which may be taken by the

owner of the animal. The enclosure shall be designed in order to prevent the animal from escaping.

E. "Hearing oNcer" means the manager of animal services, or his/her designee.

F. "Owner" means the owner, keeper or person having custody, control or possession of an animal.

G. A "dangerous animal" or "potentially dangerous animal" does not mean any animal in a situation in which it is

shown that the person or domestic animal suOering the injury or damage had, at the time of the injury or damage:

1. Provoked, tormented, teased, abused or assaulted the animal into the behavior alleged;

2. Committed a willful trespass or other tort upon the private property of the owner of the animal;

3. Committed or attempted to commit a crime; or

4. Threatened or committed an unjustiLed attack or assault against the owner or person in control of the

animal.

(Ord. 2185 NCS §2, 2004.)

A. An animal control oNcer shall investigate any reported incident regarding a dangerous or potentially

dangerous animal.

1. During that investigation, the animal control oNcer shall compose a report to be permanently retained

pursuant to adopted procedures. The report shall be signed under penalty of perjury by the animal control

oNcer. The animal control oNcer shall make best eOorts to take a photograph of the animal to include with

the report.

2. The animal control oNcer shall append to the report the statements of witnesses, victims and the animal

owner. These statements shall also be signed under penalty of perjury.

B. If after conducting an investigation, the animal control oNcer determines that probable cause exists that the

animal is dangerous or potentially dangerous, the animal control oNcer may impose reasonable conditions to

protect the public health, safety and welfare upon the animal owner pending an administrative hearing. These

conditions shall be in the form of a provisional abatement order and may include any reasonable conditions,

including those contained in Section 9.24.050. The animal control oNcer shall provide notice of the provisional

abatement order pursuant to Section 9.24.060. The provisional abatement order shall remain in eOect unless

superseded or overruled by another administrative or judicial decision. A failure to comply with the provisional

abatement order shall be a misdemeanor.

C. If after conducting an investigation, the animal control oNcer determines that probable cause exists that the

dog is dangerous or potentially dangerous, the animal control oNcer shall petition the hearing oNcer for an

administrative hearing to determine whether an animal is dangerous or potentially dangerous. The administrative

hearing shall follow the procedures of Section 9.24.040.

D. Pursuant to this title, the animal control oNcer shall also immediately impound any animal found to be

dangerous and posing an imminent threat to the public health, safety and welfare.

(Ord. 2185 NCS §2, 2004.)

A. Petition. Pursuant to Section 9.24.030, where the animal control oNcer has investigated and determined that

there exists probable cause to believe that an animal is dangerous or potentially dangerous, the animal control

oNcer shall petition the hearing oNcer for a hearing for the purpose of determining whether the animal should be

declared dangerous or potentially dangerous.

B. Notice. The city shall notify the owner of the animal that a hearing will be held, at which time the animal

control oNcer and the animal owner may present evidence as to whether the animal should be declared

dangerous or potentially dangerous. The notice, together with a copy of the petition, shall be provided pursuant to

Section 9.24.060. The hearing shall be held promptly within no less than ten days and no more than thirty days

after service of the notice on the owner of the animal.

C. Conduct of Hearing. The hearing oNcer shall conduct the hearing as set forth in Section 9.32.050(H)(2) through

(4). The owner of the animal shall be provided an opportunity to present evidence as to why the animal should not

be declared dangerous or potentially dangerous.

D. Determinations of Dangerous and Potentially Dangerous Animals—Evidence. In making a determination that an

animal is dangerous or potentially dangerous, evidence of the following shall be considered:

1. Any previous history of the animal attacking, biting or causing injury to a human being or other domestic

animal;

2. The nature and extent of injuries inMicted and the number of victims involved;

3. The place where the bite, attack or injury occurred;

4. The presence or absence of any provocation for the bite, attack or injury;

5. The extent to which property has been damaged or destroyed;

6. Whether the animal exhibits any characteristics of being trained for Lghting or attack or other evidence

to show such training for Lghting;

7. Whether the animal exhibits any characteristics of aggressive or unpredictable temperament or behavior

in the presence of human beings or other domestic animals;

8. Whether the animal can be eOectively trained or retrained to change its temperament or behavior;

9. The manner in which the animal had been maintained or cared for by its owner;

10. Any other relevant evidence concerning the maintenance or care of the animal; and

11. Any other relevant evidence regarding the ability of the owner or the animal control oNcer to protect

the public safety in the future if the animal is permitted to remain in the city.

E. Determination of Dangerous or Potentially Dangerous Animal—Abatement Order. After the hearing, the hearing

oNcer may Lnd, upon a preponderance of the evidence, that the animal is dangerous or potentially dangerous.

The hearing oNcer may order the abatement of the nuisance created by the dangerous or potentially dangerous

animal by imposing some or all of the conditions found in Section 9.24.050 for the continued ownership of the

animal. The abatement order shall supersede any provisional abatement order issued by an animal control oNcer

unless the abatement order is stayed by judicial action or pending judicial review. Within ten days of the hearing,

the determination and abatement order shall be served upon the animal owner pursuant to Section 9.24.060. The

determination and abatement order of the hearing oNcer shall be Lnal and conclusive.

F. Order of Humane Euthanization. If, following the hearing, the subject animal is determined by a preponderance

of the evidence to be dangerous and, if released to the animal owner, even where reasonable abatement conditions were imposed, would create a signiLcant threat to the public health, safety, or welfare, the hearing

oNcer may order that the animal be humanely euthanized as permitted under California Food and Agricultural

Code Section 31645 or its successor provisions.

1. A rebuttable presumption that an animal creates a signiLcant threat to the public health, safety and

welfare exists where:

a. The animal has been involved in an attack resulting in the death of a person, regardless of the

circumstances involved.

b. The animal has been involved in a second attack, without provocation, on another animal or

livestock which occurs oO the property of the owner of the attacking animal and that results in the death

of the other animal or livestock.

c. The animal has been involved in a third attack, without provocation, that results in a nonsevere

injury to a person in a place where such person is acting lawfully.

d. A third attack, without provocation, on another animal or livestock, which occurs oO the property of

the owner of the attacking animals.

e. The owner of an animal previously deemed dangerous fails, refuses or is incapable of complying

with the terms of an abatement order issued pursuant to this chapter.

f. The animal has been previously found dangerous and subsequently exhibits any of the behaviors

listed as determinative of dangerous or potentially dangerous under Section 9.24.020.

2. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict

such other remedies.

3. Within ten days of the hearing, notice of the order of humane euthanization shall be served upon the

owner pursuant to Section 9.24.060.

4. Any order made by the hearing oNcer to humanely euthanize an animal shall be Lnal.

(Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004.)

A. Pursuant to Section 9.24.040, the owner of an animal determined to be dangerous or potentially dangerous

by the hearing oNcer shall be required to comply with the abatement order of the hearing oNcer which contains

any or all of the following conditions:

1. Registration. To immediately register the animal that is found to be dangerous with the animal control

oNcer to comply with the animal control oNcer’s requirements for dangerous animals (including, but not

limited to, requiring the animal to wear a visible dangerous animal tag), and to keep such animal properly vaccinated at all times. The fee to keep or maintain one dangerous animal shall be Lfty dollars for a twelve-

month term, and the fee for each additional dangerous animal shall be twenty-Lve dollars. The fee shall be

paid for each twelve-month term. Should the animal die in any twelve-month term, the owner shall notify the

animal control oNcer of the death within Lve working days of the death;

2. Con-nement. To keep the animal securely conLned on its premises in a locked enclosure approved by the

hearing oNcer or the animal control oNcer from which the animal cannot escape and into which children

cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All

structures used to conLne a dangerous animal must be locked with a key or combination lock when such

animals are within the structure. Such structure must have a secure bottom or Moor attached to the sides of

the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected

to house a dangerous animal must comply with all zoning and building regulations of the city. All such

structures must be adequately lighted, ventilated, and kept in a clean and sanitary condition;

3. Con-nement While on Leash. To keep the animal securely muzzled, restrained by a substantial leash of

appropriate length, not to exceed six feet, and under the control of a responsible person eighteen years of

age or older who is physically capable of restraining the animal when the animal is not contained in a locked,

secure enclosure;

4. Spay or Neuter the Animal. To have the animal spayed or neutered by a licensed veterinarian at the

owner’s expense and to present proof thereof to the animal control oNcer;

5. Insurance. The owner of any animal found to be dangerous pursuant to this title shall present to animal

services proof that the owner has procured liability insurance in the amount of at least one hundred

thousand dollars covering any damage or injury that may be caused by the dangerous animal. Such liability

insurance shall not be cancelled unless the owner ceases to own the animal. Coverage shall be evidenced by

an endorsement from the insurer. The animal owner shall provide the city at least thirty days’ advance notice

of cancellation of any insurance policy required by this section. The insurance requirements set forth herein

may be extended to the owner of a potentially dangerous animal based on the circumstances and

recommendation of the animal control oNcer;

6. Bond. The posting of a bond or other proof of ability to pay a damage award in the amount of Lfty

thousand dollars;

7. Noti-cation. To immediately inform any city, county, postmaster or utility company meter readers and

anyone else that lawfully comes onto the property, of the animal’s dangerousness and to inform animal

control and/or the chief of police if the animal is moved to another location inside or outside the city limits as

provided by this chapter;

8. Signs. To display in a prominent place on the premises a sign easily readable by the public using the

words "Beware of Dog" or "Beware of Animal" in letters at least three inches high;

9. Microchip and Sterilization Requirements. The owner of any animal found potentially dangerous or

dangerous pursuant to this chapter shall, at the owner’s expense, have a microchip assigned by animal

services implanted into the animal for identiLcation purposes. The identifying information listed on the microchip shall be noted in the licensing Lles for that animal. An animal that has been found to be potentially

dangerous or dangerous pursuant to this chapter shall be sterilized at the owner’s expense by a date

determined by the animal control oNcer;

10. Inspection. To consent and agree to the entry upon the premises to any police oNcer or animal control

oNcer for the purpose of inspecting the animal and/or premises;

11. Payment of Cost. To make reasonable payment of costs incurred by the city and animal control agent in

the hearing process, not to exceed one thousand dollars;

12. Other. To take any other steps deemed reasonably necessary to prevent injuries to the public.

B. The owner of the animal shall comply with the conditions imposed by the hearing oNcer within thirty days of

the order.

C. All owners of dangerous animals must within ten days of the eOective date of the abatement order provide

the animal control oNcer with two photographs (color) of the registered animal clearly showing the color and

approximate size of the animal.

D. No dangerous animal shall be kept on a porch, patio or in any part of a house or structure that would allow

the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure

when the windows are open or screen doors are the only obstacle preventing the animal from exiting the

structure.

E. Failure to comply with an abatement order regarding a dangerous or potentially dangerous animal.

1. It is unlawful for the owner of an animal deemed dangerous or potentially dangerous under this chapter

to fail to comply with the conditions set forth in an abatement order. Any animal found to be the subject of a

violation of such an abatement order shall be subject to immediate seizure and impoundment. The hearing

oNcer shall order the animal owner to show cause why the animal should not be humanely euthanized for

failure to comply with the conditions contained in the abatement order of an animal deemed dangerous or

potentially dangerous.

2. The hearing oNcer shall provide written notice pursuant to Section 9.24.060 that the animal will be

humanely euthanized unless, within fourteen days from the date of the notice:

a. The owner has demonstrated to the satisfaction of the hearing oNcer that the owner has fully

complied with the requirements and conditions set forth in the abatement order; or

b. The owner has Lled in a court of competent jurisdiction a petition that seeks to stay euthanization

of the animal and has served a copy of such petition upon the hearing oNcer.

3. If, after fourteen days from the date of such notice, the owner has not complied with the provisions of

subsection (E)(1) or (E)(2) of this section, the hearing oNcer may, without further notice or process, have the

animal humanely euthanized.

(Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004.)

When this chapter requires the provision of notice or service, the notice or service shall be in writing. If a right may

be exercised or an act is to be done and the notice or service of it is required to be given but the time within which

the notice or service must be given is not speciLed, the notice or service shall be given at least ten days before the

time the right must be exercised. The notice or service shall be served upon the owner and/or possessor

personally or by United States mail, Lrst-class postage prepaid, and if by such mail, it shall be sent to the animal

owner at his/her last known mailing address. In the event that the last known address of the animal owner and/or

possessor cannot be ascertained, the hearing oNcer or animal control oNcer shall sign a declaration under

penalty of perjury that best eOorts were made to provide notice or service to the animal owner and/or possessor.

In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of

service by Lrst-class mail, service shall be deemed complete at the time of deposit into the United States mail. The

failure to receive a notice or other document sent via Lrst-class mail shall not aOect the validity of any

enforcement proceedings under this title. (Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004.)

A. Sale or Transfer Within City. No person shall sell, transfer or in any other way dispose of an animal deemed

dangerous under this chapter to any person within the city unless the recipient person resides permanently in the

same household and on the same premises as the owner of such animal.

B. Sale or Transfer Outside of City. The owner of an animal that has been deemed dangerous under this chapter

may sell, transfer, or otherwise dispose of such animal or the oOspring thereof to persons who do not reside

within the city, provided the owner Lrst notiLes the hearing oNcer and the animal control oNcer of the proposed

sale or transfer. Such notice shall be given not less than Lfteen days in advance of the sale or transfer and shall

specify the name and address of the recipient person. Upon receipt of such notice, the hearing oNcer or the

animal control oNcer may notify the governmental jurisdiction in which the recipient person is located or resides.

Failure to comply with these notiLcation provisions shall be grounds for immediate impoundment of the animal by

the animal control oNcer.

C. Sale or Transfer into City. It shall be unlawful for a person to possess, own or control any animal for the

purpose of either temporary or permanent care in the city limits that has been deemed by another governmental

jurisdiction to be potentially dangerous, dangerous, vicious, or a threat to the safety of human beings or domestic

animals. The animal control oNcer may order the person having possession, ownership or control of the animal to

remove the animal immediately from the city. Should such person fail to comply with the animal control oNcer’s

order, the animal control oNcer may summarily and immediately impound the animal. The owner of the animal

shall be liable for the costs and expenses of impounding and keeping the animal. Such impounded animals may

then be disposed of in accordance with the provisions of this chapter.

D. Fighting Training and Animal Abuse Prohibited. It shall be unlawful to use, train, keep, harbor, own or in any way

possess or transport through the city an animal for the purpose of animal Lght exhibitions. Scars and wounds are

refutable evidence of participation in animal Lght exhibitions or training. "Fight training" is deLned to include but

is not limited to:

1. The use or possession of treadmills for Lght training;

2. Actions designed to torment, badger or bait any animal for purpose of encouraging said animal for Lght

exhibitions;

3. The use of weights on the animal for Lght training;

4. The use of other animals for blood sport training;

5. Any other activity, the primary purpose of which is the training of animals for aggressive or vicious

behavior or animal Lght exhibitions. It shall further be unlawful for anyone to knowingly abuse any animal

within the city limits.

(Ord. 2185 NCS §2, 2004.)

The owner of an animal determined to be dangerous and ordered humanely euthanized pursuant to this chapter

shall be prohibited from owning, possessing, controlling or having custody of any other animal of the same type

for a period of three years from the date of the determination when it is found at the hearing conducted pursuant

to this chapter that ownership or possession of such animal by that person would create a signiLcant threat to

public health, safety or welfare. (Ord. 2349 NCS §1, 2009.)

A. Enforcement by Criminal Prosecution. Any violation of this chapter may be prosecuted as a criminal oOense as

set forth in Section 9.32.030.

B. Enforcement by Civil Court Action. The provisions of this chapter may be enforced by a civil court action in

accordance with Section 9.32.040. In addition to any other remedies provided herein, any violation of this chapter

involving an animal deemed to be potentially dangerous or dangerous shall be subject to a civil Lne not to exceed

one thousand dollars.

C. Penalties and Remedies Cumulative. The penalties and remedies speciLed herein shall not be exclusive but shall

be cumulative with all other remedies at law or in equity. The city may, in its discretion, elect to pursue any one or

more of the penalties or remedies provided for herein or at law or in equity.

(Ord. 2349 NCS §1, 2009; Ord. 2185 NCS §2, 2004. Formerly 9.24.080.)