Salinas Municipal Code § 7-40 Purpose and intent

The city finds and declares all of the following:

Potentially dangerous and vicious dogs represent a serious and widespread threat to the safety and welfare of residents of this city. They have the potential to assault without provocation and to seriously injure individuals, particularly children, and to kill other dogs. These attacks often occur in public places. These attacks are attributable to the failure of owners to register, confine, and properly control vicious and potentially dangerous dogs. The necessity for the regulation and control of vicious and potentially dangerous dogs is a city-wide problem, requiring city-wide regulation.

(Ord. No. 1925 (NCS), § 3; Ord. No. 2402 (NCS), § 1)

(Ord. No. 2526 (NCS), § 12, 11-15-2011)

For purposes of this chapter, "potentially dangerous dog" means any of the following:

(a) Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, 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 7-43.

(c) Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, 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.

(Ord. No. 1925 (NCS), § 3: Ord. No. 1984 (NCS), § 1; Ord. No. 2402 (NCS), § 1)

(Ord. No. 2526 (NCS), § 13, 11-15-2011)

(a) The owner of a dog that has been deemed a "potentially dangerous dog" pursuant to this chapter must apply for and must pay for an annual dangerous dog permit within ten days of such designation or the dog will be confiscated. The cost of the permit shall be established by resolution of the city council.

(b) No more than two potentially dangerous dogs may be housed at a single residential unit.

(c) Upon designation of a dog as potentially dangerous, the owner of such dog shall, within thirty days of the designation, comply with the following requirements.

1. The dog must be properly licensed and vaccinated.

2. The dog must be spayed or neutered and micro-chipped.

3. The dog must be presented to Salinas animal control for photographing.

4. The dog must be made readily available upon request for inspection by animal control.

5. The dog shall at all times be kept indoors or in a securely fenced yard from which the dog cannot escape or into which children cannot trespass.

6. The dog may be permitted off the owner's premises only if it is restrained by a substantial leash of not more than six feet in length and under the control of a responsible person older than eighteen years of age.

7. If the owner of the dog is a tenant, the dog owner must notify the property owner of the designation.

8. All entrances to the property at which the potentially dangerous dog is kept must be posted with a notice identifying the presence of the dog.

9. Comply with additional requirements imposed by the animal control department on the care and the control of a potentially dangerous dog.

(d) If a dog designated as potentially dangerous pursuant to this chapter or any provision of state law or other local law dies or is sold, transferred or permanently removed from the city where the owner or the keeper resides, the owner of a potentially dangerous shall notify the animal control department of the changed condition or the new location in writing within ten days of such change in condition or change in location.

(e) Any dog designated as potentially dangerous pursuant to this chapter which does not exhibit additional instances of the behavior prohibited in this section for a period of thirty-six months from the date of designation shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs if the owner or the keeper of the dog demonstrates to the satisfaction of the poundmaster or his designee that changes in circumstances or measures taken by the owner or the keeper, for such as training, have mitigated the risk to the public safety.

(Ord. No. 2526 (NCS), § 14, 11-15-2011)

For the purposes of this chapter, "vicious dog" means any of the following:

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

(b) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. For purposes of this chapter "severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or that requires multiple sutures or corrective or cosmetic surgery.

(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 prohibited by this chapter or is maintained in violation of any other provision of this chapter.

(Ord. No. 2526 (NCS), § 15, 11-15-2011)

Any person owning or keeping a vicious dog within the city shall conform to all of the following requirements:

(a) Meet all the requirements for the maintenance of a potentially dangerous dog.

(b) Carry liability insurance in an amount of no less than one million dollars per occurrence.

(c) Ensure that the dog is muzzled whenever taken off the property.

(d) Keep the dog indoors or in an enclosed kennel while on the property to prevent any escape.

(e) Meet any other conditions imposed upon the ownership or the keeping of a vicious dog in the city.

(Ord. No. 2526 (NCS), § 16, 11-15-2011)