Sacramento Municipal Code Art. VIII Potentially Dangerous and Dangerous Animals

No owner of any animal shall permit or suffer such animal to do any of the following:

A. Attack, bite, or otherwise cause injury to any person or animal engaged in a lawful act;

B. Interfere with the lawful use of public or private property; or,

C. Damage personal property which is lawfully upon public property, or upon private property with the permission of the person who owns or has the right to possess or use the private property.

Any person violating this section is guilty of an infraction. (Ord. 2003-044 § 3; prior code § 6.09.101)

A. An animal is a potentially dangerous animal if:

1. The animal displays aggressive behavior as defined in Section 9.44.020 two or more times within a twenty-four (24) month period. Victims or alleged victims must have been acting peaceably and lawfully at the time the animal displayed the aggressive behavior; or,

2. The animal causes a minor injury to a person or animal.

B. An animal is a dangerous animal if the animal:

1. Inflicts a bite that results in a substantial injury or death to a person when that person was conducting him or herself peaceably and lawfully; or

2. Inflicts a bite that results in a substantial injury or death to an animal that was not trespassing or in violation of any other law.

3. Any animal that has been declared a potentially dangerous animal in accordance with subsection A shall be redesignated as a dangerous animal if that animal:

a. Displays aggressive behavior towards a person in a place where such person is conducting himself or herself peaceably and lawfully;

b. Causes a person or animal to suffer a minor injury while that person or animal was conducting himself or herself peaceably and lawfully; or

c. Violates a term or condition placed on the animal by a declaration, or if the owner violates such terms or conditions.

To appeal the animal's declaration from potentially dangerous animal to dangerous animal, an animal owner may file an appeal in accordance with Section 9.44.730.

C. For purposes of this section, a person is peaceably and lawfully upon the private property of an owner of the animal when he or she is on such property in the performance of any duty imposed upon him or her by federal, state or local laws, including, but not limited to, the postal regulations of the United States, or when he or she is on such property upon invitation, express or implied.

D. Any victim or complainant, as defined in this chapter, may file a complaint regarding an animal with the animal care services manager. Such complaints shall be reviewed by the manager, and shall serve as a basis for pursuing a dangerous or potentially dangerous animal declaration as provided for in this chapter. When a complaint has been filed about an animal by a victim or complainant, the manager shall explain his or her decision whether to pursue such case in writing, and shall serve such written decision described in Section 9.44.720(C) on the victim within five working days of the manager's decision.

E. If, in the discretion of the animal care services manager, the complaint of a victim does not warrant the issuance of a declaration of potentially dangerous or dangerous animal as outlined in this chapter, then the victim can appeal such determination of the manager by filing an appeal of the decision to the administrative hearing examiner, who shall examine the case de novo. In the event such appeal is filed, the secretary to the administrative hearing examiner shall send notice of the hearing to the owner as set forth herein. The victim shall present the facts to the administrative hearing officer and the owner shall have the opportunity to be heard on the matter. The decision of the administrative hearing officer whether or not to issue a declaration shall be final.

F. This chapter does not apply to animals used in military or police work while they are actually performing in that capacity. (Ord. 2003-044 § 3; prior code § 6.09.102)

A. Whenever the animal care services manager declares that an animal is a dangerous animal, or a potentially dangerous animal, the manager may commence proceedings as provided herein.

B. The manager may require the owner of dangerous or potentially dangerous animal to obtain dangerous animal or potentially dangerous animal registration, in addition to other licensing requirements that may be applicable within this code. A fee may be required for such registration. Said registration fee shall be based on the costs incurred by animal care services when handling dangerous or potentially dangerous animal investigations and the monitoring and enforcement costs of the program established by this article. Said fee shall be adopted by resolution of the city council.

C. The manager shall issue a notice of declaration directed to the owner of the animal. The notice of declaration shall contain:

1. A physical description of the animal, including the breed, if known, and the animal's license number, if any;

2. A statement advising the owner of the animal that the manager has declared the animal a dangerous animal or a potentially dangerous animal, including a brief and concise description of the incident or incidents that are the basis for the declaration of the animal as a dangerous animal or a potentially dangerous animal under the provisions of Article VIII of Chapter 9.44.

3. A statement advising the owner of the animal of the possible consequences should a declaration of dangerous animal or potentially dangerous animal become final.

4. A statement advising that the owner of the animal may appeal the declaration provided that the appeal is made in writing as provided in Section 9.44.730.

5. A statement that the appeal request must be in writing and filed with the animal care services manager within five calendar days of service of the notice of declaration.

6. A statement that failure to appeal the notice of declaration will constitute a waiver of all rights to an administrative hearing and will be a final determination of the matter, and after five calendar days from the date of the issuance of the declaration, the animal will be deemed abandoned and may be destroyed or otherwise disposed of.

7. A statement as to whether any additional registration fees will be required.

8. The manager may determine that the animal is to be destroyed. In the alternative, the manager may impose conditions of ownership in the declaration including, but not limited to, the conditions listed below:

a. Confining the animal on the owner's premises in an enclosure approved by the manager;

b. Ordering that the animal be kept securely muzzled, leashed and under the control of a person eighteen (18) years of age or older, and who is physically capable of restraining the animal when the animal is off the owner's property;

c. Requiring the animal owner obtain and maintain liability insurance in the amount of one hundred thousand dollars ($100,000.00) and furnishing a certificate or proof of insurance by which the animal care services manager shall be notified at least ten (10) days prior to cancellation or non-renewal;

d. Requiring photography, microchipping, or other methods of permanent marking of the animal for purposes of identification;

e. Requiring the animal to be altered;

f. Proving financial responsibility by posting a bond for the amount of ten thousand dollars ($10,000.00) or more;

g. Informing in writing any public or corporate entity, including but not limited to, the city of Sacramento, Sacramento County, the postmaster, utility companies, or any other organization that sends out employees to the residence, that a dangerous or potentially dangerous animal resides at that property. The manager may also set a time period by which such notices must be given, and when copies of such notices must be provided to the manager;

h. Posting signs on the premises where the animal is being kept that are clearly visible from points of entry to the property which state that an animal which has been declared to be dangerous or potentially dangerous is on the property. Such signs shall be provided by Animal Care Services, but the costs of the sign(s) shall be the responsibility of the animal owner. The language of such signs shall be determined by the animal care services manager and may be required to be in a language other than English. The manager may require that such signs are posted before an impounded animal is returned to its owner or within ten (10) days from the date the animal was declared to be a dangerous or potentially dangerous animal;

i. An animal which has been declared dangerous or potentially dangerous may not be transferred to reside either temporarily or permanently at another location within the city of Sacramento without prior written authorization of the animal care services manager. Said authorization shall not be issued unless every term imposed pursuant to a conditional declaration issued pursuant to 9.44.720(C)(8) can be met in the proposed new location;

j. Allowing inspection of the animal and its enclosure by the animal care services manager or any law enforcement agency and to produce upon demand proof of compliance with all requirements of this section;

k. In the event of the animal's death, the owner shall notify the animal care services manager no later than twenty-four (24) hours thereafter and, upon request, produce evidence of the animal's death to the satisfaction of the manager; and

l. In the event that if the animal escapes the owner shall immediately notify the animal care services manager and make every reasonable effort to recapture it.

9. A statement that failure to comply with all of the terms of the declaration will result in the manager proceeding with impounding and destroying or otherwise disposing of the animal.

D. Method and proof of service of the notice of declaration upon the owner shall be served in accordance with the procedures set forth in Section 8.04.150.

E. In the event that an owner fails to comply with all of the conditions ordered by the manager or the administrative hearing officer through the appeal process described in this chapter, the manager shall proceed to impound and destroy or otherwise dispose of the animal.

F. If an animal is declared dangerous through a declaration issued by the manager or by an order issued by the administrative hearing officer, then it shall remain so labeled for the life of the animal and shall be subject to the conditions set forth in the declaration. If an animal is declared potentially dangerous, it shall also be subject to the conditions set forth through the process described in this article, however an owner may petition the animal care services manager for removal of the potentially dangerous animal declaration after twenty-four (24) months have passed since the animal was so declared, through a process which shall be developed by the manager. (Ord. 2003-044 § 3; prior code § 6.09.103)

A. The owner of the animal may appeal the notice of declaration by filing an appeal with Animal Care Services within five days from the date of service of such notice, a written appeal containing:

1. A brief statement setting forth the legal interest of each of the appellants regarding the animal involved in the declaration;

2. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested declaration should be reversed, modified, or otherwise set aside;

3. The signatures of all parties named as appellants and their official mailing addresses, with statements from each appellant that each agrees to accept service of the written notice of the time and place of the appeal hearing and the decision of the hearing examiner at such address;

4. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

B. Upon receipt of any appeal filed and payment of applicable appeal fees pursuant to this section, the manager shall transmit within five business days of receipt, said appeal to the secretary of the Administrative Hearing Officer, who shall calendar it for hearing as described in Section 8.04.170(B).

C. Written notice of the time and place of the hearing shall be given at least ten (10) calendar days prior to the date of the hearing to each appellant by the secretary of the administrative hearing officer either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.

D. Failure of an owner to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the declaration.

E. In the event the animal is impounded with Animal Care Services, then the appeal shall be accompanied by a deposit equal to the amount of thirty (30) days of impoundment. If the animal's impoundment does not exceed thirty (30) days, the remaining balance shall be returned to the owner.

F. An owner appealing the imposition of a dangerous or potentially dangerous animal declaration shall be required to pay to the city clerk, at the time the written notice of appeal is filed, an appeal fee which shall be set by resolution of the city council. Such fee shall be refunded to the appellant if the administrative hearing officer determines that imposition of the fee is not warranted or is not in the interest of justice. No notice of appeal is valid unless accompanied by the appeal fee.

G. All victims shall receive notice of hearings, impoundments, and any and all restrictions provided for in this article that relate to the incident by which that person was injured. The manager may also cause notice to be given to complainants regarding notices of hearings, impoundments, and any and all restrictions provided for in this article that relate to reports or complaints when he or she finds it reasonable and practical to do so. (Ord. 2003-044 § 3; prior code § 6.09.104)

A. The animal care services manager is hereby authorized and empowered to impound any animal, independently of any other authority, if the animal poses a threat to the health, safety or welfare of the public.

B. When any animal is in the custody of Animal Care Services pending an appeal hearing on a declaration of potentially dangerous or dangerous animal, any outstanding charges for services performed by Animal Care Services pursuant to this article shall be paid prior to the release of the animal if ordered by the administrative hearing officer. If such costs are not paid within five calendar days of the order, the animal shall be deemed abandoned and may be destroyed or otherwise disposed of. If the animal is not to be returned to the owner, the costs of its impoundment may be waived, adjusted or collected by the animal care services manager.

In the event that no appeal of a declaration is filed by an owner within five calendar days of the issuance of the declaration by the manager, the animal shall be deemed abandoned and may be destroyed or otherwise disposed of. The costs of its impoundment may be waived, adjusted or collected by the animal care services manager. (Ord. 2003-044 § 3; prior code § 6.09.105)

A. The administrative hearing officer and the administrative appeal hearing date shall be assigned according to Section 8.04.070.

B. The administrative hearing officer shall render a decision at the hearing or serve the owner and the animal care services manager with a written determination after the hearing has concluded within five business days of the hearing.

C. The administrative hearing officer shall admit into evidence all relevant information and the formal rules of evidence shall be relaxed for the purposes of these proceedings.

D. If, after hearing testimony from all interested parties, the administrative hearing officer makes a finding that the animal does fall within Section 9.44.710(A) or Section 9.44.710(B), it shall result in the issuance of an order that shall confirm the manager's dangerous animal declaration or potentially dangerous animal declaration. In the case of a dangerous animal declaration, the order shall either order the animal destroyed, or may order the return of the animal to its owner and impose the conditions set forth in the declaration issued by the animal care services manager, with any modifications the administrative hearing officer deems appropriate.

E. The decision of the administrative hearing officer shall further inform the owner of an animal declared to be dangerous or potentially dangerous or their right to seek review by the superior court pursuant to California Code of Civil Procedure 1094.5. (Ord. 2003-044 § 3; prior code § 6.09.106)

A. Prior to the transfer of an animal declared dangerous or potentially dangerous, an owner shall provide notification in writing to Animal Care Services, and such transfer shall be subject to the provisions of Section 9.44.720(C)(8)(i). The owner shall notify any new owner or custodian by providing the new owner with a copy of the order or declaration that describes the terms and conditions for maintenance of the animal. The owner shall also provide proof to the animal care services manager that such notice was given and that the new owner accepts these terms and conditions. The manager may impose different or additional restrictions or conditions upon the new owner or custodian. If the new owner of the animal wishes to dispute the different or additional restrictions or conditions, the new owner shall have the right to contest the imposition through the same appeal procedure described in Sections 9.44.730 and 9.44.750.

B. Any animal designated dangerous or potentially dangerous (or the equivalent thereof) in another jurisdiction that has moved into the city of Sacramento, shall be subject to all of the provisions of the prior order or declaration as issued by the designating jurisdiction and shall also be subject to any additional conditions the animal care services manager deems necessary to protect the public's health and safety. If the owner of the animal wishes to dispute these new conditions, the owner shall have the right to contest the imposition through the same appeal procedure described in Section 9.44.730 and 9.44.750. (Ord. 2003-044 § 3; prior code § 6.09.107)

A. It is unlawful and a misdemeanor:

1. For any person who owns or has custody or control of an animal to fail to comply with each and every condition imposed on a dangerous or potentially dangerous animal.

2. For any person who owns or has custody or control of a dangerous or potentially dangerous animal to knowingly fail to exercise ordinary care by allowing an animal to bite or otherwise cause any injury to a person or animal. This section shall not apply when the victim was not conducting themselves lawfully or peacefully.

3. For any person to knowingly harbor or hide, or cause to be harbored or hidden, any known dangerous or potentially dangerous animal, or fail to surrender any such animal to the animal care services manager or his or her designee upon demand.

B. In addition to any other remedies, the manager may also commence proceedings in accordance with Title 8.

C. Nothing herein shall prevent the animal care services manager or any person from utilizing any other remedies available to at law or equity.

D. In addition to any other remedies, pursuant to Section 1.28.010(C)(1) and (C)(2)(d), administrative penalties may be imposed when an owner fails to comply with any conditions placed on the owner or the animal through this chapter. (Ord. 2003-044 § 3; prior code § 6.09.108)