Rialto Municipal Code Ch. 6.05 Vicious and Dangerous Dogs

"Potentially dangerous dog" means any of the following:

A. Any dog which, when unprovoked or the owner or keeper fails to exercise ordinary care, on at least one occasion engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

B. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 6.05.030 of this chapter.

C. Any dog which, when unprovoked or the owner or keeper fails to exercise ordinary care, on at least one occasion has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

D. Any dog which has a disposition or propensity to attack, bite, or menace any human or animal without provocation and endangers the health and safety of any person.

(Ord. 1291 (part), 1999)

(Ord. No. 1555, § 2, 12-9-14)

"Vicious dog" means any of the following:

A. Any dog seized under Section 599aa of the California Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of Penal Code.

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

C. 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 6.05.010 of this chapter within a thirty-six-month period after the notice or is maintained in violation of Section 6.05.110, 6.05.120, or 6.05.130 of this chapter.

(Ord. 1291 (part), 1999)

(Ord. No. 1555, § 2, 12-9-14)

A. No person shall own or harbor any dog, whether confined or not, for the purpose of animal fighting, or shall train, torment, badger, bait or cause any animal for the purpose of animal fighting or for the purpose of causing or encouraging said dog to make unprovoked attacks against human beings or domestic animals.

B. Nothing in this section shall prohibit any of the following:

1. The use of dogs in the management of livestock, as defined by Section 14205 of the Food and Agricultural Code, by the owner of the livestock or his or her employees or agents or other persons in lawful custody thereof.

2. The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.

(Ord. 1291 (part), 1999)

"Severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures, or corrective or cosmetic surgery.

(Ord. 1291 (part), 1999)

"Impounded" means taken into the custody of the public pound or humane services department or provider of animal control services to the city.

(Ord. 1291 (part), 1999)

There is created an animal control board to administer the provisions of this chapter. The board shall be made up of three members designated by the city administrator.

(Ord. 1291 (part), 1999)

A. If a humane services officer or a law enforcement officer determines that probable cause exists to believe a dog is potentially dangerous or vicious, the chief officer of the public pound or animal control department or his or her immediate supervisor, or the chief of police, or his or her designee, shall file a petition with the animal control board for a hearing to determine whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public shall be sworn to and verified by the complainant and attached to the petition.

B. The animal control board shall notify the owner or keeper of the dog that it will hold a hearing and that the owner or keeper may present evidence at the hearing. The animal control board shall serve upon the owner or keeper of the dog the notice of the hearing and a copy of the petition either personally or by first-class mail with return receipt requested.

The hearing shall be open to the public and held not less than five working days nor more than ten working days after service of the notice upon the owner or keeper of the dog. The animal control board may admit all relevant evidence, including incident reports and affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The animal control board may decide all issues even if the owner or keeper fails to appear at the hearing. The animal control board may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter.

(Ord. 1291 (part), 1999)

After the hearing conducted pursuant to Section 6.05.060 of this chapter, the animal control board shall, either personally or by first-class mail, postage prepaid, notify the owner or keeper of the dog in writing of the determination and orders issued. If the board determines that the dog is potentially dangerous or vicious, the owner or keeper shall comply with Sections 6.05.110 to 6.05.160 of this chapter within ten days after the date of the determination.

(Ord. 1291 (part), 1999)

If any party contests the determination, he/she may, within five days of the receipt of the notice of determination, appeal the animal control board's decision to the San Bernardino County Superior Court. The person appealing the decision shall serve personally or by first-class mail, postage prepaid, notice of the appeal upon the other party. The decision of the San Bernardino County Superior Court shall be final, as provided in Food and Agriculture Code Section 31624. The appeal shall be conducted in the same manner and within the time periods set forth in Food and Agriculture Code Sections 31621 through 31626.

(Ord. 1291 (part), 1999)

(Ord. No. 1555, § 2, 12-9-14)

If the humane services officer or law enforcement officer determines that probable cause exists to believe the dog in question poses an immediate threat to public safety, he or she may seize and impound the dog pending the hearings held pursuant to this chapter. If the dog is later adjudicated potentially dangerous or vicious, the owner or keeper of the dog will be liable for the costs and expenses of impounding the dog. If the humane services officer or law enforcement officer determines that the impoundment is not contrary to public safety, he or she shall permit the animal to be confined in a city-approved kennel or veterinary facility, at the owner's expense.

(Ord. 1291 (part), 1999)

A. The animal control board may not declare the dog potentially dangerous or vicious if the dog inflicted injury or damage to a person 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 was committing or attempting to commit a crime. The dog may not be declared potentially dangerous or vicious if it was protecting or defending a person within the dog's immediate vicinity from an unjustified attack or assault. A dog may not be declared potentially dangerous or vicious if the injury or damage was sustained by a domestic animal which was teasing, tormenting, abusing or assaulting the dog.

B. A dog may not be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained 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 damage or injury was to a type of domestic animal appropriate to the dog's work.

(Ord. 1291 (part), 1999)

Notwithstanding the provisions of Chapter 6.04 of this title regarding licensing and vaccination, all potentially dangerous dogs shall be properly licensed and vaccinated. A dog determined to be potentially dangerous must have that designation in its registration records plus a current picture, a copy of a nationally recognized microchip registration certificate and either evidence of financial responsibility or a surety bond to cover injuries caused by an animal. The city may charge a potentially dangerous dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. The owner or keeper of the potentially dangerous dog will receive a second dog tag indicating it is a potentially dangerous dog. This tag must be on the dog at all times whether or not the animal is on its property.

(Ord. 1291 (part), 1999)

The owner or keeper of a potentially dangerous dog must keep the dog indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. A potentially dangerous dog may be off the owner's or keeper's premises only if it is properly muzzled and restrained by a substantial leash of appropriate length and if it is under a responsible adult's control.

(Ord. 1291 (part), 1999)

The owner or keeper of a potentially dangerous dog must notify the animal control department and the licensing department if the potentially dangerous dog dies, is sold, transferred, or permanently removed from the city.

(Ord. 1291 (part), 1999)

The owner or keeper of the potentially dangerous dog shall request a second hearing to the animal control board for the removal of a dog from the list of potentially dangerous dogs if no additional instances of behavior described in Section 6.05.010 of this chapter occur within a thirty-six month period from the date of designation as a potentially dangerous dog.

(Ord. 1291 (part), 1999)

A vicious dog may be destroyed if the animal control board determines that the release of the dog would create a significant threat to the public health, safety and welfare. If the board determines that the vicious dog should not be destroyed, it must impose conditions upon the dog's owner or keeper that will protect the public health, safety and welfare. If one of the conditions is to require that the vicious dog be confined in an enclosure, the enclosure must be designed in order to prevent the animal from escaping and include a fence or structure suitable to prevent young children from entering. The enclosure must be properly maintained by the dog's owner or keeper at all times.

(Ord. 1291 (part), 1999)

The city may prohibit the owner of a vicious dog from owning, possessing, controlling or having custody of any dog for a period of up to three years when the animal control board finds, after proceedings conducted under Sections 6.05.060 to 6.05.100 of this chapter that such ownership or possession would create a significant threat to the public health, safety and welfare.

(Ord. 1291 (part), 1999)

Any violation of this chapter involving a potentially dangerous dog shall be a misdemeanor punishable by a fine not to exceed five hundred dollars and/or imprisonment in the county jail for a term not to exceed six months. Any violation of this chapter involving a vicious dog shall be a misdemeanor punishable by a fine not to exceed one thousand dollars and/or imprisonment in the county jail for a term not to exceed one year.

(Ord. 1291 (part), 1999)