Article VI — DANGEROUS ANIMALS

The keeping of an animal defined as 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 of dangerous animals set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the county from enforcing other county ordinances or from utilizing any other procedure or remedy provided by law. This chapter shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance an animal that is dangerous. (HMC § 6.13.010, as modified.) (Ord. 836, § 1 (part))

(A) As used in this chapter, the following words and phrases shall have the following meanings, unless the context shall indicate another or different meaning or intent: ANIMAL CONTROL OFFICER. Any person or entity designated under this chapter as the animal control officer for the county, including, but not limited to, any law enforcement officer or city/county employee designated to enforce the animal control regulations of this chapter. DANGEROUS ANIMAL. Any of the following: (a) Any animal which, when unprovoked, inflicts injury on or kills a human being, or domestic animal. (b) Any animal which, when unprovoked, engages in aggressive conduct requiring defensive action by any person to

avoid bodily injury. (c) Any dog which, when unprovoked, chases or approaches a person in a menacing fashion or apparent attitude of attack. (d) Any animal owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting. ENCLOSURE. 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 confine 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. The animal shall be housed pursuant to Cal. Penal Code § 597t. HEARING OFFICER. The person appointed by the County Administrative Officer or Board of Supervisors to serve as the hearing officer under this chapter. HEALTH OFFICER or COUNTY HEALTH OFFICER. Refers to the County of San Benito Public Health Officer. HEALTH OFFICER/ COUNTY HEALTH OFFICER shall also include the Officer's deputies. IMPOUNDED. Taken into the custody of the animal control officer or the animal shelter. OWNER. The owner, custodian, keeper or person having custody, control or possession of an animal. PERSON. A natural person or any legal entity, included but not limited to, a corporation, firm, partnership or trust. POUNDMASTER. Refers to the poundmaster, or any designated deputies. (B) A DANGEROUS ANIMAL does not mean any animal in a situation in which it is shown that the person or domestic animal suffering 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 unjustified attack or assault against the owner or person in control of the animal. (HMC § 6.13.020, as modified.) (Ord. 836, § 1 (part))

Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this chapter, or whenever any law enforcement officer or animal control officer has probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this chapter or other applicable law, a law enforcement officer or animal control officer is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon a law enforcement officer or animal control officer by this code or other applicable law; provided, that: (A) If such property is occupied, he or she shall first present proper credentials to the occupant and request entry explaining the reasons therefor. If such entry is refused, the law enforcement officer or animal control officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant. (B) If such property is unoccupied, he or she shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining the reasons therefor. If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the law enforcement officer or animal control officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property, including an inspection warrant. (C) Notwithstanding the foregoing, if a law enforcement officer or animal control officer has probable cause to believe that the keeping or maintaining of any animal is so dangerous as to require immediate inspection to safeguard the life or safety of the animal, other animals, or the public, he or she shall have the right immediately to enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, the officer shall first present proper credentials to the occupant and demand entry, explaining the reasons therefor and purpose of the inspection. (D) It is unlawful for any person to interfere with, hinder, fail or refuse, after proper demand has been made upon him or her, to permit any law enforcement officer or animal control officer to make any inspection provided for by division (C) of this section. (HMC § 6.13.030) (Ord. 836, § 1 (part))

(A) Any owner of an animal who permits or causes the animal to run, stray, be uncontrolled, or in any manner be in,

upon, or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person shall be guilty of an infraction or misdemeanor if such animal bites, attacks or causes injury to any human being or other animal. (B) Any person convicted of violating division (A) of this section shall not own, possess, control or have custody of any animal of the type, species, group or family which caused the bite, attack or injury for a period of three years after the date of conviction. (HMC §6.13.040) (Ord. 836, § 1 (part))

(A) The animal control officer shall have the power to summarily and immediately impound an animal where there is evidence that the animal is an immediate danger to public safety pending: (1) Any court proceeding; or (2) A hearing to be held pursuant to § 13.01.045. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal if the animal is later determined to be dangerous. (B) It shall be a violation of this section for any person in control of an animal subject to impoundment to fail or refuse to surrender the animal to the animal control officer upon demand. (C) An animal impounded pursuant to the authority of this section shall be returned to the owner as provided by § 13.01.047, or when the animal is no longer required as evidence, or if a notice of a hearing pursuant to § 13.01.045 to declare the animal a dangerous animal has not been served on the owner or custodian within ten working days after the impoundment. (As modified to add § 13.01.044). (D) In lieu of impounding and if not contrary to public safety, the animal control officer may permit the animal to be confined at the owner's expense in an animal control officer approved kennel or veterinary facility or at the owner's residence provided the owner: (1) Shall not remove the animal from the kennel, veterinary facility, or residence without the prior written approval of the animal control officer; and (2) Shall make the animal available for observation and inspection by the animal control officer or members of law enforcement or their authorized representatives. The animal control officer shall dictate to the owner the exact way the animal is to be restrained while awaiting the hearing. (E) The animal control officer may have an animal that has been impounded or confined permanently identified by means of photo identification prior to release from impoundment or confinement. (F) If there is no reasonable method available to determine ownership of the animal, then the animal may be considered a stray. (HMC § 6.13.050) (Ord. 836, § 1 (part))

(A) Petition. If an animal control officer has investigated and determined that there exists probable cause to believe that an animal is dangerous, the animal control officer shall petition the hearing officer for a hearing for the purpose of determining whether the animal should be declared dangerous. (1) Petitions under this section may also be made by any law enforcement officer. These procedures shall also apply to potentially dangerous and vicious dogs as defined in Cal. Food and Agriculture Code, § 31603. (See Cal. Food and Agriculture Code §§ 31601, et seq.) (2) Rather than the provisions set forth in this code, the county may also choose to utilize any procedures set forth in state law relating to dangerous animals. (B) Notice. The hearing officer shall notify the owner of the animal that a hearing will be held, at which time the owner may present evidence as to why the animal should not be declared dangerous. The notice, together with a copy of the petition, shall be served upon the owner, either personally or by certified mail. The hearing shall be held within no less than five working days nor more than ten working days after the owner is served with notice. (C) Conduct of hearing. The hearing officer shall conduct the hearing in an informal manner and shall afford the owner of the animal an opportunity to present evidence as to why the animal should not be declared dangerous. The formal rules of evidence shall not apply; however, whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer to find probable cause shall be sworn to and verified by the complainant and attached to the petition filed by the animal control officer. The hearing officer may admit into evidence all relevant evidence, including incident reports and the affidavits or declarations of witnesses; limit the scope of discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing when not testifying; exclude disorderly or disruptive persons from the hearing; and make other orders necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be open to the public.

(D) Recording. The proceedings at the hearing may be tape recorded if ordered by the hearing officer or requested by the owner of the animal or the complainant referenced in division (C) of this section. A stenographic report shall also report the proceedings if ordered by the hearing officer or requested by the owner or complainant, with the costs thereof to be borne by the person making the order or request. A copy of the tape recording or transcript of the proceedings shall be made available to any person upon request and upon payment of the cost of preparation thereof. (E) Failure to appear. The hearing officer may decide all issues for or against the owner of the animal even if the owner fails to appear at the hearing. (F) Determinations of dangerous animals; evidence. In making a determination that an animal is or is not 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 inflicted 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 fighting or attack or other evidence to show such training or fighting; (7) Whether the animal exhibits any aggressive characteristics or unpredictable temperament or behavior in the presence of human beings or other domestic animals; (8) Whether the animal can be effectively 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; or (11) Any other relevant evidence regarding the ability of the owner to protect the public safety in the future if the animal is permitted to remain in the county. (G) Dangerous animal declared. After the hearing, the hearing officer may find, upon a preponderance of the evidence, that the animal is dangerous and may make any order authorized by this chapter or other law. The decision of the hearing officer shall be final. (HMC § 6.13.060) (Ord. 836, § 1 (part))

After a hearing conducted pursuant to this chapter, the owner of the animal shall be notified in writing either personally or by first-class mail postage prepaid, of the determination and orders issued by the hearing officer. If a determination is made that the animal is dangerous, the owner shall comply with the healing officer's determination and orders in accordance with the established time schedule. If the animal control officer or the owner of the animal contests the determination, he or she may, within five days of the receipt of the notice of determination, appeal the decision to the San Benito County Superior Court pursuant to Cal. Food and Agricultural Code § 31622. The petitioner or owner of the animal shall serve notice of the appeal upon the other party by personal service or first-class mail, postage prepaid. (HMC § 6.13.070) (Ord. 836, § 1 (part))

(A) The owner of an animal which has inflicted injury upon or killed any person or domestic animal, or has otherwise been determined to be dangerous, may be required as a condition of the release of the animal from confinement or impoundment, in addition to paying all costs of any impoundment, to comply with the written disposition of the hearing officer which may contain any or all of the following conditions, requiring the owner: (1) Registration. To immediately register the dangerous animal with the animal control officer, to comply with the animal control officer'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 $50 for a 12 month period, and the fee for each additional dangerous animal shall be $25. The fee shall be paid for each 12 month period. Should the animal die in any 12 month period, the owner shall notify the animal control officer of the death within two working days. (2) Confinement. To keep the animal securely confined on its premises in a locked enclosure approved by the hearing officer or the animal control officer 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 confine the 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 floor 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 an animal must comply with all zoning and building regulations of the county. All

such structures must be adequately lighted, ventilated, and kept in a clean and sanitary condition. (3) Confinement while on leash. To keep the animal securely muzzled, restrained by a substantial leash of appropriate length and under the control of a responsible person 18 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 and to present proof to the animal control officer. (5) Insurance. To provide and maintain financial responsibility for injuries to the public by obtaining and showing proof of liability insurance in the form and amount deemed to be acceptable by the hearing officer in light of all the circumstances. Such insurance policy shall provide that no cancellation of the policy will be made unless 30 days' written notice is first given to the animal control officer. (6) Notification. (a) 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 the animal control officer and/or the hearing officer if the animal is moved to another location inside or outside the county limits as provided in this chapter. (b) The notification required by division (A)(6)(a) above shall occur immediately, and in no case, later than two working days after the event in question. Further, the owner shall inform the animal control officer within two working days if the animal dies. (See Calif. Food and Agriculture Code § 31643.) (7) 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. (8) Identification. To have a registration number assigned to such animal tattooed by a licensed veterinarian on the animal's inner thigh or inserted by a licensed veterinarian under the animal's skin by means of an electronic identification device. The manner and method of identification to be used hereunder shall be determined by the hearing officer. For the purposes of this section, TATTOO shall be defined as any permanent numbering of an animal by means of indelible or permanent ink. (9) Inspection. To consent and agree to the entry upon the premises to any law enforcement officer or animal control officer for the purpose of inspecting the animal and/or premises. (10) Payment of costs. To make reasonable payment of all costs incurred by the city/county. (11) 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 officer within the established time limit. (C) 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. (D) If, following the hearing, the subject animal is found to be dangerous and such a threat to public safety that even if reasonable conditions were imposed to release the animal to the owner it would create a significant threat to the public health, safety, or welfare, such animal may be destroyed as permitted under Cal. Food and Agricultural Code § 31645 or its successor provisions. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict such other remedies, including, but not limited to, § 13.01.049(A), which authorizes the hearing officer to order an animal destroyed for violation of this chapter or failure to meet a condition imposed by the hearing officer. (E) If, after notice, the owner of an impounded animal fails to appear or be represented at the required hearing, the animal may be considered abandoned. If the subject animal does not appear to be validly licensed and no owner can be found, and if the animal has been determined to be dangerous, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal. (F) If such an unlicensed animal has not been determined to be dangerous, it shall be returned to the owner, subject to the issuance of a citation for failure to obtain a license. A non-dangerous stray animal may be handled as any other stray animal. (G) In such cases where an impounded licensed animal is found to be dangerous, the animal may be released subject to the conditions set forth in division (A) of this section. (HMC § 6.13.080) (Ord. 836, § 1 (part))

(A) Sale or transfer within county. No person shall sell, transfer or in any other way dispose of an animal deemed dangerous under this chapter or state law to any person within the county unless the recipient resides permanently in the same household and on the same premises as the owner of such animal. (B) Sale or transfer outside county. The owner of an animal that has been deemed dangerous under this chapter or state

law may sell, transfer, or otherwise dispose of such animal or the offspring thereof to persons who do not reside within the county, provided the owner first notifies the animal control officer of the proposed sale or transfer. Such notice shall be given not less than 15 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 animal control officer may notify the governmental jurisdiction in which the recipient person is located or resides. Failure to comply with these notification provisions shall be grounds for immediate impoundment of the animal by the county. (C) Sale or transfer into county. It is unlawful for a person to possess, own or control any animal for the purpose of either temporary or permanent care in the county 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 officer may order the person having possession, ownership or control of the animal to remove the animal immediately from the county. Should such person fail to comply with the animal control officer's order, the animal control officer 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) Animal abuse and fight training prohibited. It is unlawful for anyone to knowingly abuse any animal within the county, or to use, train, keep, harbor, own or in any way possess or transport through the county an animal for the purpose of animal fight exhibitions. Scars and wounds are rebuttal evidence of participation in animal fight exhibitions or training. "Fight training" is defined to include, but not limited to: (1) The use or possession of treadmills for fight training; (2) Actions designed to torment, badger or bait any animal for purpose of encouraging said animal for fight exhibitions; (3) The use of weights on the animal for fight 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 animal fight exhibitions. (E) Reserved. (Rewards - HMC § 6.13.090.) (Ord. 836, § 1 (part))

(A) It is unlawful for the owner of an animal deemed dangerous under this chapter or state law to fail to comply with the requirements and conditions set forth in this chapter. Any animal found to be the subject of a violation of this chapter or of any condition imposed by the hearing officer shall be subject to immediate seizure and impoundment. In addition, failure to comply with an order of the hearing officer may result in the immediate removal of the animal from the county or the destruction of the animal. No such animal, however, may be destroyed until the owner of the animal has received written notice from the county that the animal will be destroyed, unless within 14 days from the date of the notice: (1) The owner has demonstrated to the satisfaction of the hearing officer that the owner has fully complied with the requirements and conditions set forth in this chapter, including, but not limited to, the conditions imposed by the hearing officer pursuant to § 13.01.047; or (2) The owner has filed in a court of competent jurisdiction a petition that seeks to stay destruction of the animal and has served a copy of such petition upon the hearing officer. The notice from the hearing officer shall be served upon the owner either personally or by prepaid first-class mail. If, after 14 days from the date of such notice, the owner has not complied with the provisions of division (A)(1) or (2) of this section, the hearing officer may, without further notice or process, order the animal destroyed. (HMC § 6.13.100) (B) In addition to any other remedy provided by the County Code, violations of this chapter may be subject to the following penalty provisions: (1) Any condition existing in violation of a county code is deemed to be a public nuisance. (2) In any proceeding or action by the county to abate a public nuisance, the county is authorized to recover the expenses of abatement, including its costs of inspection, investigation, enforcement activities, and costs of prosecution. Costs may be determined, assessed and recovered administratively, or by civil lawsuit or criminal prosecution. (3) The county is authorized to judicially abate public nuisances by filing criminal or civil actions, and to make the expense of abatement a special assessment, or a lien against the property on which the nuisance is maintained, and a personal obligation against the property owner. (4) Administrative penalties. The county may impose administrative penalties for the violation of any code provision in an amount not to exceed $500 for each day during which any person commits, continues, allows or maintains a violation of any provision of this chapter. (5) Injunction and civil penalties. In addition to any other remedy authorized by law, any provision of this chapter may be enforced by injunction issued by the Superior Court upon a suit brought by the county. As part of a civil action filed to enforce any provision of this chapter, a court may assess a maximum civil penalty of $500 per violation, during each day during which any person commits, continues, allows or maintains a violation of any provision this chapter.

(6) Criminal penalties. Any person violating any provision of this chapter shall be guilty of a misdemeanor or infraction, and may be charged with either a misdemeanor or an infraction in the discretion of the arresting officer. In addition, the Court shall be granted discretion to reduce a misdemeanor to an infraction if it determines such action is in the interests of justice. Any person convicted of a misdemeanor shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment. Every violation which is determined to be an infraction is punishable by: (a) A fine not exceeding $100 for a first violation; (b) A fine not exceeding $200 for a second violation of the same ordinance within one year; and (c) A fine not exceeding $500 for each additional violation of the same ordinance within one year. (C) Enforcement powers. The poundmaster and the poundmaster deputies and any law enforcement officer are hereby authorized to issue a citation for any violation of this chapter. Pursuant to the provisions of Cal. Penal Code § 836.5, the poundmaster and any designated deputies are hereby authorized to arrest a person without a warrant whenever there is reasonable cause to believe that the person has committed a violation of this chapter in his/her presence. Upon making such an arrest, the poundmaster shall release the arrested person pursuant to Cal. Penal Code § 853.6, the provisions which are hereby adopted by reference as a part of this section. (SBC § 13.01.110) (D) Each breach of this chapter shall constitute a separate violation. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (E) The owner of an animal determined to be dangerous under this chapter shall be prohibited from owning, possessing, controlling or having custody of any other animal of the type, species, group or family to which the violation applies for a period of three years from the date of violation when it is found after the hearing conducted pursuant to § 13.01.045 that ownership possession of such animal by that person would create a significant threat to public health, safety or welfare. (HMC § 6.13.100) (F) Any provision of this chapter may be enforced by the poundmaster, any law enforcement department, the animal control officer or any authorized designee of the County Administrative Officer. Complaints of any violations of this chapter which are subject to penalties under this section may be presented to the district attorney's office or to the county counsel's for prosecution. (HMC § 6.13.100, as modified to delete enforcement authority of fire departments.) (G) The costs of abating a public nuisance pursuant to the provisions of this chapter may be recovered from the owner of the animal causing the public nuisance. If the owner fails to pay such costs within 30 days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer, the costs may be collected by a special assessment lien. (HMC § 6.13.100, as modified.) (H) The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The county may, in its discretion, elect to pursue any one or more of the penalties or remedies provided for herein or at law or inequity. (HMC § 6.13.100) (Ord. 836, § 1 (part))

The provisions contained in this chapter shall not apply to: (A) Any dog while utilized by any law enforcement department or any law enforcement officer in the performance of police work; (B) Any animal shelter owned, operated or maintained by the animal control officer; or (C) Any licensed kennel, humane society shelter, animal control facility or veterinarian. (HMC § 6.13.110) (Ord. 836, § 1 (part))