Redding Municipal Code Ch. 7.13 Dangerous Dogs

The provisions of this chapter shall control over any contrary provisions of this title. When other provisions of this title impose requirements beyond those imposed by this chapter, such additional requirements shall remain applicable except where a contrary intention is clearly evident.

(Ord. 2354 § 3 (part), 2005)

Dangerous dogs which are not properly maintained or controlled are declared to be a public nuisance and subject to abatement according to law.

(Ord. 2354 § 3 (part), 2005)

A. A "dangerous dog" means any of the following:

Any dog, except for one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior:

1. An attack which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself or herself peacefully and lawfully;

2. An attack which results in an injury or death to a person in a place where such person is conducting himself or herself peacefully and lawfully;

3. Any behavior that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself or herself peacefully and lawfully;

4. An attack causing injury or death to another domestic animal or livestock which occurs off the property of the owner of the attacking animal;

5. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.

B. For the purposes of this section, a person is peacefully and lawfully upon the private property of an owner or possessor of the animal when he or she is on such property in the performance of any duty imposed upon him or her by the laws of the state or any city or county, or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation, expressed or implied.

C. No dog may be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog; or was teasing, tormenting, abusing, or assaulting the dog, or has in the past been observed or reported to have teased, tormented, abused, or assaulted the dog; or was committing or attempting to commit crime.

(Ord. 2354 § 3 (part), 2005)

(Ord. No. 2635, § 12, 4-6-2021)

This chapter does not apply to any dog owned by any government agency or by any publicly employed law enforcement officer which is used in the performance of police work.

(Ord. 2354 § 3 (part), 2005)

A. A dog defined as dangerous under Section 7.13.030 of this chapter shall be impounded when an animal control officer has probable cause to believe the dog poses an immediate threat to public health or safety.

B. Any dog which bites, attacks, or causes injury or death to any human being may be immediately seized and impounded pending a hearing and determination pursuant to Section 7.13.080 of this chapter.

C. It shall be unlawful for an owner or person having the custody or possession of a dog reasonably believed to be dangerous to fail to surrender said animal to an animal control officer upon lawful demand.

D. Following a hearing pursuant to Section 7.13.080, the dog shall be released if it is determined not dangerous or the owner or keeper has complied with the conditions for maintenance of a dangerous dog pursuant to Section 7.13.110 of this chapter. If the hearing officer or board determines that the dog is dangerous and orders the dog maintained under conditions specified in Section 7.13.110, the dog shall not be released until all impoundment fees have been paid. The owner and keeper shall be jointly and severally liable to the city for all impoundment costs. No dog for which impoundment costs are due shall be released until the charges have been paid.

(Ord. 2354 § 3 (part), 2005)

(Ord. No. 2635, § 13, 4-6-2021)

A. When another section of this chapter requires that notice be given by the city under this subsection, the notice may be served by any of the following means:

1. Personal service;

2. Certified mail at the last known address, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail to the last known address. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective by regular mail, provided the notice that was sent by regular mail is not returned;

3. Posting the notice conspicuously on or in front of the property where the dog was last known to be kept;

4. If the dog's keeper and the dog's owner are known to the animal services officer issuing the notice to be separate individuals residing at different addresses, notice to the owner may be served by regular mail at the owner's last known address; provided, that notice is also given to the keeper by one of the methods described in subsections (A)(1) through (A)(3).

B. When notice is not required by another section to be given as provided in subsection A of this section, then notice may be given by regular mail at the addressee's last known address.

C. Service by certified or regular mail in the manner described in this section shall be effective on the date of mailing.

D. The failure of the owner or keeper to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code.

(Ord. 2354 § 3 (part), 2005)

The city manager or his or her designee may promulgate administrative regulations adopting specific forms that must be used when giving notice or setting a hearing under this chapter.

(Ord. 2354 § 3 (part), 2005)

Upon reasonable information, the city manager or his or her designee may initiate an administrative hearing to determine whether a dog is dangerous in accordance with the following procedures:

A. All dangerous dog classification hearings taken under this chapter shall be heard as provided by this section. The hearing procedures specified in Food and Agricultural Code Section 31621 are expressly not adopted.

B. A hearing under this section shall be informal and open to the public. The hearing shall be conducted before a hearing officer or board, as those terms are defined in Chapter 1.13 of this code. The hearing officer or board shall record the proceedings on audiotape. The hearing officer or board shall regulate the course of the proceedings and shall permit the parties and may permit others to offer written or oral comments on the issues. The hearing officer or board may limit the use of subpoenas, witnesses, testimony, evidence, rebuttal and argument. The hearing officer or board may allow the cross-examination of witnesses to the extent necessary to ensure a fair hearing and may limit cross-examination of witnesses as necessary to maintain proper decorum.

C. Unless provided otherwise, the city bears the burden of proof at the hearing. The owner or keeper has the burden of proof to demonstrate the existence of any affirmative defenses or any mitigating circumstances that may apply. The existence of mitigating circumstances shall not require the hearing officer or board to refrain from classifying a dog as dangerous.

D. The owner or keeper and animal control officer presenting the case may be represented by legal counsel and may present oral and written evidence. Any relevant evidence may be admitted if it is the sort of evidence of which responsible persons are accustomed to rely in the conduct of serious affairs. Relevant admissible evidence includes but is not limited to incident reports and witness affidavits. A formal oath is not required for witnesses to provide testimony.

E. The owner or keeper of the dog shall be served with notice of the hearing as provided by Section 7.13.060 of this chapter. The hearing shall be held at the next scheduled meeting of the administrative hearings board, but no less than three business days nor more than twenty business days after service of notice upon the owner or keeper of the dog.

F. Within fifteen calendar days of the hearing, the hearing officer or board shall issue a written determination supported by the weight of the evidence. The failure of the hearing officer or board to issue a timely decision shall not prejudice the city's right to act in the matter. The hearing officer's or board's determination shall be served on both the owner and the keeper as provided in Section 7.13.060(B) of this chapter.

G. The written determination shall include a finding of whether the dog is dangerous. If the written determination includes a finding that the dog is dangerous, the hearing officer or board shall either: (1) specify conditions pursuant to Section 7.13.110 of this chapter under which the dangerous dog may be maintained, or (2) order destruction of the dangerous dog pursuant to Section 7.13.120 of this chapter.

H. The written determination shall include a finding as to whether reckless or negligent conduct by the owner or keeper was the cause of, or partial cause of, the incident giving rise to the dangerous dog classification. In any case where such a finding is made in the affirmative, an administrative fine may be imposed. The fine may be an amount up to one thousand dollars per violation as determined appropriate by the hearing officer or board.

I. The written determination shall include a finding as to whether that grossly reckless or grossly negligent conduct by the owner or keeper was the cause of, or partial cause of, the incident giving rise to the dangerous dog classification. In any case where such a finding is made in the affirmative, the owner or keeper may be ordered by the hearing officer or board not to possess any or to be limited in the number of dogs he or she may possess for a period of up to three years.

J. Any violation of the written order of the administrative hearings board shall constitute a public nuisance and shall constitute a misdemeanor.

(Ord. 2397 § 5 (part), 2007; Ord. 2354 § 3 (part), 2005)

(Ord. No. 2635, § 14, 4-6-2021)

A. Any determination made after a hearing under Section 7.13.080 of this chapter shall be final and conclusive as to the city, and may not be appealed except as provided in subsection B of this section. The procedures specified in Food and Agricultural Code Section 31622 for judicial review are expressly not adopted.

B. Judicial review of a final decision under Section 7.13.080 may be had by filing a petition for a writ of mandate in the superior court in accordance with the provisions of the Code of Civil Procedure.

C. A dog determined to be a "dangerous dog" shall be destroyed within the time periods specified in Section 7.13.120 of this chapter notwithstanding that the Code of Civil Procedure may allow a longer time to file a petition for writ of mandate.

D. After service of a final decision on the parties and upon written request to the city clerk, a complete record of the proceedings shall be prepared and delivered to the owner or keeper of the dog within ten days, or as soon thereafter as reasonably possible. The owner or keeper of the dog may be charged the actual cost of transcribing or otherwise preparing the record.

(Ord. 2354 § 3 (part), 2005)

Before classifying a dog dangerous, the hearing officer or board may consider the following factors related to the location and situation of the incident and the aggression exhibited by the dog. The location, situation and aggression factors described in this section are ranked from low to high. The existence or rank of aggravating circumstances, however, shall not be determinative of whether a dog is dangerous or require the hearing officer or board to conduct an independent investigation.

A. Location Relevance.

1. Victim uninvited on property;

2. Victim invited on property;

3. Dog off property, on leash;

4. Dog off property, off leash, owner present;

5. Dog off property, off leash, owner absent.

B. Situation Relevance.

1. Dog chasing, harassing or worrying waterfowl/small animals;

2. Dog chasing, harassing or worrying livestock;

3. Dog attacking waterfowl/small animals;

4. Dog attacking livestock;

5. Dog chasing or attacking dogs/cats;

6. Dog threatening human adults;

7. Dog threatening human children;

8. Dog attacking human adults;

9. Dog attacking human children.

C. Aggression Severity.

1. Bark;

2. Growl;

3. Snap/lunge no contact;

4. Bite and release leaving no marks;

5. Bite and release leaving marks with no broken skin;

6. Bite and release leaving a scratch;

7. Bite and release leaving one to four punctures;

8. Bite and release leaving one to four punctures plus lacerations;

9. Multiple bite attack;

10. Bite without releasing with punctures/lacerations;

11. Severe mauling;

12. Fatality.

(Ord. 2397 § 5 (part), 2007)

(Ord. No. 2635, § 15, 4-6-2021)

Before classifying a dog dangerous, the hearing officer or board shall consider the following mitigating circumstances, if shown to exist by a preponderance of the evidence. The existence of mitigating circumstances, however, shall not be determinative of whether a dog is dangerous or require the hearing officer or board to conduct an independent investigation.

A. The person injured or threatened by the dog was at the time:

1. Abusing the dog;

2. Assaulting another person;

3. Committing or attempting to commit either a crime or an intentional property tort on the owner or keeper's property;

4. Acting in concert with another who was committing or attempting to commit any of the acts described in this subsection.

B. The animal was:

1. Threatening or attacking the dog when it was injured or threatened by the dog;

2. Injured or threatened 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 animal was a species or type of animal appropriate to the work of the dog.

(Ord. 2397 § 5 (part), 2007; Ord. 2354 § 3 (part), 2005)

A. No person shall own, maintain or possess a dog determined to be a dangerous dog, except upon one or more following conditions that the hearing officer or board may specify in a written order:

1. The dog shall not be permitted to be loose, or to create any danger to the peace, health, or safety of the people in the vicinity of the location where it is kept or maintained.

2. If the dog is not kept securely within a cage or a building or within a fenced area accessible only by the dog's owner or custodian, the premises where the dog is maintained shall be posted to warn of the presence of a dangerous dog. Signs shall be placed at each point of access where the dog may be present, or at fifty-foot intervals around the perimeter of the area where the dog may be present if the perimeter does not have a fence or other obstruction to access by human beings.

3. The dog shall be provided with proper and adequate food, water, ventilation, shelter, and care at all times; the dog may not be subject to neglect, suffering, cruelty or abuse.

4. The city shall be allowed at any reasonable time to inspect the dangerous dog and the conditions of care and maintenance of the dangerous dog.

5. The dog shall not be allowed to have contact with children that are younger than eleven years of age, unless the person is a resident, relative or regular invitee on the premises where the dog is kept.

6. If the owner or keeper of the dog is also the owner of the premises where the dog is maintained, the owner of the dog shall be required to furnish proof of general liability insurance covering the owner and activities on the premises where the dog is maintained, in an amount not less than fifty thousand dollars nor more than three hundred thousand dollars. If the owner or keeper of the dog is not the owner of the premises where the dog is maintained, the owner of the dog shall be required to provide a copy of the written determination and order of the hearing officer or board to the owner of the property and to show proof of having given that notice.

7. A dangerous dog shall be spayed or neutered at the owner's expense, within ten business days of a final determination that the dog is dangerous.

8. The owner or keeper of the dog must display on the dog's collar at all times a distinctive license tag issued by the city identifying the dog as dangerous.

9. The owner or keeper of the dog shall securely confine the dog to the dog owner's or keeper's property or other property with that property owners' permission by means of a physical device or structure and in a manner that prevents the dog from reaching adjoining private property or any property used by the public.

10. The owner or keeper of the dog must, within ten business days of a final determination that the dog is dangerous dog, obtain an identification microchip embedded under the dog's skin.

11. The owner or keeper of any dog determined dangerous under this chapter must acknowledge in writing receipt of a copy of this chapter.

12. The owner or keeper of any dog determined dangerous under this chapter must notify the city immediately if the dog is on the loose or unconfined.

13. The owner or keeper of any dog determined dangerous under this chapter must notify the city if the dog dies, is sold, transferred, kept at a new location, or the owner or keeper changes addresses.

14. Such other conditions that the hearing officer or board may specify.

15. If the dog is impounded pending a dangerous dog hearing, all conditions imposed by the hearing officer or the board shall be satisfied prior to the dog being returned to the owner.

B. It is unlawful and a misdemeanor for any person to hide, release, remove from the conditions of maintenance except for veterinary treatment, or transfer possession of a dangerous dog without written authorization of the administrative hearings board.

(Ord. 2397 § 5 (part), 2007; Ord. 2354 § 3 (part), 2005)

(Ord. No. 2635, § 16, 4-6-2021)

A. A dog classified as dangerous under Section 7.13.080 of this chapter and ordered by the hearing officer or board to be destroyed, shall be destroyed after the later of the following dates:

1. Five calendar days after personal service or ten calendar days after service by mail of the administrative hearing decision unless a written notice of intent to seek judicial review is delivered to the city clerk or a petition for writ of mandate has been filed and a copy delivered to the city clerk;

2. An administrative stay under subsection B of this section is granted, then after the expiration of the administrative stay; or

3. A court has stayed destruction of the dog pending judicial review, then after the expiration of the court stay.

B. A dog owner or keeper may request a temporary administrative stay of the destruction of his or her dog pending the filing of a petition for writ of mandate by filing a written request for stay with the city clerk and making an advanced payment for kenneling costs. The stay may be granted and effective for a number of days equal to the number of days of advanced kenneling costs received. The administrative stay shall not be granted for more than ninety days from the date of the administrative decision, unless, approved in writing by the city manager, or his/her designee, or by a valid order of the Superior Court. If the dog owner prevails in court, the payments shall be refunded. If a writ of mandate is filed and served before expiration of the stay under this subdivision, the destruction of the dangerous dog shall be stayed during the pending judicial review and the balance of the advanced payment shall be refunded pending the final outcome of the matter.

C. The owner and keeper shall be jointly and severally liable to the city for the cost of impoundment, kenneling, euthanasia, and disposal of the dog's remains.

(Ord. 2397 § 5 (part), 2007; Ord. 2354 § 3 (part), 2005)

(Ord. No. 2635, § 17, 4-6-2021)

Any person who shall become the owner or keeper of a dog subsequent to a determination made pursuant to this chapter that the dog is dangerous shall, if he or she knows of such determination, comply with all the provisions of this chapter.

(Ord. 2354 § 3 (part), 2005)

The owner or keeper of a dog classified as dangerous under Section 7.13.080 of this chapter, must display on the dog's collar at all times a distinctive license tag issued by the city identifying the dog as dangerous. The license for a dangerous dog shall be issued on an annual basis. The fee for a dangerous dog license shall be those specified by resolution of the city council.

(Ord. 2354 § 3 (part), 2005)

Any violation of this chapter or any order issued by a hearing officer or hearing board pursuant to this chapter is a misdemeanor.

(Ord. 2397 § 5 (part), 2007: Ord. 2354 § 3 (part), 2005)

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

(Ord. 2354 § 3 (part), 2005)