San Bernardino Municipal Code Ch. 6.09 Vicious and Potentially Dangerous Dogs

The Mayor and City Council find that dogs that threaten or injure residents of the city constitute a public safety threat and shall be controlled by the provisions of this chapter.

(Ord. MC-1470, passed 3-7-2018)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

POTENTIALLY DANGEROUS DOG. Any of the following:

(1) Any dog which, when unprovoked, on two separate occasions within the prior 36-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;

(2) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined by “vicious dog” below;

(3) Any dog which, when unprovoked, attacks and inflicts a severe injury on another domestic animal when off the property of the owner or keeper of the dog or any dog when unprovoked, on two separate occasions in a 36-month period, has bitten or injured a domestic animal when off the property of the owner or keeper; and/or

(4) Any dog off the property of the owner or keeper of the dog, when unprovoked, has killed a domestic animal.

SEVERE INJURY. Any physical injury to a human being that results in muscle tears or lacerations or requires multiple sutures or corrective surgery.

VICIOUS DOG. Any of the following:

(1) Any dog seized under Cal. Penal Code, § 599aa and upon the sustaining of a conviction of the owner or keeper under Cal. Penal Code, § 597.5(a);

(2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; or

(3) 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 § 6.09.020 or is maintained in violation of §§ 6.09.080, 6.09.090 or 6.09.100.

(Ord. MC-1264, passed 2-19-2008)

If an animal control officer or a law enforcement officer determines that probable cause exists to believe a dog is potentially dangerous or vicious, the officer or his or her immediate supervisor may file a petition with the hearing officer for a hearing, as provided in § 6.14.080, 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. The Animal Control Division shall notify the owner or keeper of the dog that a hearing will be held and that the owner or keeper may present evidence at the hearing. The Animal Control Division 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 14 working days, after service of the notice upon the owner or keeper of the dog. The hearing officer 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 hearing officer may decide all issues even if the owner or keeper fails to appear at the hearing. The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter.

After the hearing conducted pursuant to § 6.09.030, the owner or keeper of the dog shall be notified, either personally or by first class mail, postage prepaid, in writing of the determination and orders issued. If the hearing officer determines that the dog is potentially dangerous or vicious, the owner or keeper shall comply with §§ 6.09.080 through 6.09.140 within ten days after the date of the order or as specified by the hearing officer.

The written decision of the hearing officer shall be final, subject to the right to judicial review of any aggrieved party pursuant to Cal. Food and Agriculture Code, § 31622. The city shall cause notice of the hearing officer’s decision to be served upon the owner of the dog either personally or by first class mail, postage prepaid, forthwith upon issuance.

(Ord. MC-1470, passed 3-7-2018)

If the animal control officer or law enforcement officer determines that probable cause exists to believe the dog in question poses an immediate threat to public safety, or if the animal was previously declared potentially dangerous or vicious and the owner is found to be in violation of the hearing order or of any provisions of this chapter and probable cause exists to believe the dog poses an immediate threat, 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 or if the owner is found to be in violation of this chapter, the owner or keeper of the dog will be liable for costs and expenses of impounding the dog. If the animal control 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. MC-1214, passed 2-22-2006)

(A) The hearing officer may not declare a 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.

(B) 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.

(C) A dog may not be declared potentially dangerous or vicious if the injury or damage was sustained by a domestic animal that was teasing, tormenting, abusing or assaulting the dog.

(D) 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.

Notwithstanding the provisions of Chapter 6.08 regarding licensing and vaccination, all potentially dangerous dogs shall be properly licensed and vaccinated. A dog determined to be potentially dangerous will be so designated in its registration records. The city may charge a potentially dangerous dog or vicious dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. Any fees regarding this section shall be set by resolution of the Mayor and City Council.

(Ord. MC-1470, passed 3-7-2018)

The hearing officer may, by order, require the muzzling of any dog owned or harbored within the city that is found to be potentially dangerous or vicious, and may specify the period of time during which such dog shall be so muzzled. Any dogs running at large which are not vaccinated, or which are not muzzled, pursuant to such order, shall be forthwith put to death by authorized employees of the city. Such muzzling must not cause injury to the dog or interfere with the animal’s vision, respiration or its ability to drink.

The owner or keeper of a potentially dangerous dog must keep the dog indoors or in a securely fenced enclosure from which the dog cannot escape and into which children cannot trespass. A potentially dangerous dog may be off the owner or keeper’s premises only if it is restrained by a substantial leash, not to exceed six feet in length, and if it is under the direct physical control of a responsible adult.

The owner or keeper of a potentially dangerous dog must notify the Animal Control Division if the potentially dangerous dog dies, is sold, transferred or permanently removed from the city.

The hearing officer may order that the owner of a potentially dangerous or vicious dog conspicuously post the property with warning signs where the potentially dangerous or vicious dog is housed.

Upon receipt of a petition from the dog owner, the hearing officer may remove a dog from the list of potentially dangerous dogs if no additional instances of behavior described in this chapter occur within a 36-month period from the date of designation as a potentially dangerous dog.

The owner or keeper of a vicious dog shall maintain the dog pursuant to the conditions imposed by § 6.01.060 and the provisions of this chapter.

A vicious dog may be destroyed if the hearing officer determines that the release of the dog would create a significant threat to the public health, safety and welfare. If the hearing officer determines that the vicious dog should not be destroyed, the hearing officer 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 children from entering.

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 if the hearing officer finds, after proceedings conducted under §§ 6.09.030 through 6.09.050, that such ownership or possession would create a significant threat to the public health, safety and welfare.

Any violation of this chapter involving a declared potentially dangerous dog or a declared vicious dog shall be punishable as a misdemeanor.

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