Chapter 7.30

POTENTIALLY DANGEROUS, DANGEROUS, OR VICIOUS DOG

Parts:

• 1 Seizure and Release

• 3 Potentially Dangerous, Dangerous or Vicious Dog Hearing or Compliance Hearing

• 5 Special Dog Permit

• 7 Special Dog Permit Denial or Revocation Hearing

• 9 Maintenance of Potentially Dangerous, Dangerous or Vicious Dog

Part 1

SEIZURE AND RELEASE

Sections:

• 7.30.020 Grounds for summary seizure and impoundment.

• 7.30.030 Potentially dangerous, dangerous, or vicious behavior - Rebuttal.

• 7.30.040 Notice of summary seizure and impoundment.

• 7.30.050 Duty to inquire.

• 7.30.060 Post-seizure request for hearing.

It is unlawful for any dog owner/guardian or person with a right to control the dog to permit the dog to engage in potentially dangerous behavior as specified in Section 7.10.180.

(Ord. 28079.)

Notwithstanding any other provision of this title, an animal services officer or peace officer may summarily seize and impound a dog prior to a hearing, where the officer has reasonable grounds to believe that the dog:

• A. Has demonstrated one (1) or more of the characteristics or behaviors specified in Sections 7.10.090, 7.10.180, or 7.10.210 and neither the owner/guardian nor person with a right to control the dog has a valid special dog permit; or

• B. Has a special dog permit, and

  1. Has engaged in one (1) or more of the behaviors described in Sections 7.10.090, 7.10.180, or 7.10.210; or

  2. Has not been kept or maintained in accordance with the applicable provisions of this chapter; or

• C. Is subject to a special dog permit but neither the owner/guardian nor person with a right to control the dog:

  1. Has applied for the permit; or

  2. Has completed the permit process; or

• D. Poses an immediate or substantial threat to the public health and safety, or property.

• (Ord. 28079.)

The following circumstances may be raised, at a hearing pursuant to Section 7.30.300, to rebut the

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allegation(s) of potentially dangerous, dangerous, or vicious behavior as specified in Sections 7.10.090, 7.10.180, or 7.10.210 if:

• A. The injury or damage was sustained by a person who, at the time the injury or damage was sustained, was:

  1. Committing a willful trespass or other tort upon the private property of the dog owner/guardian or person with a right to control the dog;

  2. Teasing, tormenting, abusing, or assaulting the dog; or

  3. Committing or attempting to commit a crime.

• B. The injury or damage was sustained by a domestic animal that, at the time the injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the dog, or trespassing upon the private property of the dog owner/guardian or person with a right to control the dog that caused the injury or damage.

• C. The dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

• D. 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/guardian or the person with a right to control the dog, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

• (Ord. 28079.)

• A. The animal services officer must post a notice of impoundment on the front door or other appropriate place at the residence of the dog owner/guardian or person with a right to con-

trol the dog if he or she is not present at the time the dog is seized and impounded, which notice must state:

1. That the dog has been impounded;

2. The alleged San José Municipal Code violation;

3. Where the dog is being held;

4. The name, address, and telephone number of the agency or person to be contacted regarding release of the dog;

5. The consequences of not requesting a hearing within the holding period of the dog's seizure as specified in Section 7.30.060; and

6. The requirements for pre-hearing release of the dog as specified in Section 7.30.080.

• B. If the dog owner/guardian or person with a right to control the dog is present at the time of the seizure, such person must be given a written notice with the same information specified in Subsection A.

• C. If the name and address of the dog owner/ guardian or person with a right to control the dog cannot be ascertained by the animal services officer, then the notice prescribed in Subsection A. must be posted on a street lamp or any other appropriate public location and as close to the actual location of the seizure as possible.

(Ord. 28079.)

The dog owner/guardian and person with a right to control the dog have a duty to inquire with the administrator to learn if the dog has been impounded, whenever the dog is known to have been missing from the property of the dog owner/guardian or person with a right to control the dog for more than two (2) hours and neither the dog owner/ guardian nor the person with a right to control the dog has received a notice pursuant to Section 7.30.040.

(Ord. 28079.)

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§ 7.30.060

• A. If either the dog owner/guardian or person with a right to control the dog seeks to have the dog released from impoundment, he or she may request a potentially dangerous, dangerous or vicious dog hearing, or compliance hearing. Such request must be received by the administrator within the state mandated holding period, under Food and Agricultural Sections 31754, 31752 and 31108, as may be amended, of four (4) business days, not including the day of impoundment.

• B. If no request is made by either the dog owner/ guardian or person with a right to control the dog within the state mandated holding period, under Food and Agricultural Code Sections 31754, 31752 and 31108, as may be amended, of four (4) business days, not including the day of impoundment, the dog may be destroyed or otherwise disposed of in accordance with law.

• (Ord. 28079.)

The hearing officer must set the time and place for a potentially dangerous, dangerous or vicious dog hearing, or compliance hearing, as soon as reasonably possible. (Ord. 28079.)

Notwithstanding any other provision of this title, the administrator may release a dog impounded because of behavior described under Sections 7.10.090, 7.10.180, or 7.10.210 to its owner/guardian or to the person with a right to control the dog, prior to hearing, if the following conditions are satisfied:

• A. The animal services officer, after observation of the dog and based upon assurances from the dog owner/guardian or person with a right to control the dog, has no reason to believe the dog presents an immediate threat to the health and safety of persons or domestic animals; and

  • B. The dog owner/guardian or person with a right to control the dog has paid all fees including but not limited to fees associated with impounding, licensing, and boarding the dog.

• (Ord. 28079.)

Part 3

POTENTIALLY DANGEROUS, DANGEROUS OR VICIOUS DOG HEARING OR COMPLIANCE HEARING

Sections:

• 7.30.300 Initiation of hearing.

• 7.30.310 Notice of hearing and report to owner/guardian or person with a right to control the dog.

• 7.30.320 Hearing notice to witnesses.

• 7.30.330 Hearing procedure and appeal.

• 7.30.340 Prohibition of owning, possessing, controlling or having custody.

• 7.30.350 Fines.

• A. A hearing to determine whether a dog is potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit, must be scheduled by the hearing officer upon filing any of the following:

  1. A report filed by an animal services officer with the hearing officer stating that there are reasonable grounds to believe a dog is potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit; or

  2. A request by either the dog owner/guardian or person with a right to control the dog seeking the release of a dog from impoundment pursuant to Section 7.30.060; or

  3. A request by either the dog owner/guardian or person with a right to control a dog that has been declared potentially

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• dangerous, dangerous or vicious in another jurisdiction and that now resides in the city.

• B. Whenever possible, the report filed by the animal services officer must include a sworn and verified statement from the complainant pursuant to Food and Agricultural Code Section 31621, as may be amended.

• C. Once the hearing officer has decided, in accordance with Section 7.30.330 that a dog is not potentially dangerous, dangerous, or vicious, or that the dog is maintained in compliance with the special dog permit, then the hearing officer may not schedule another hearing based on the same incident(s) unless an animal services officer, upon investigation, has determined that there are reasonable grounds to believe the dog is potentially dangerous, dangerous, or vicious, or that the dog is not being maintained in compliance with a special dog permit.

(Ord. 28079.)

Pursuant to Food and Agricultural Code Section 31621, as may be amended, the administrator may cause a notice and report to be mailed first class with return receipt requested or otherwise personally delivered to the dog owner/guardian or person with a right to control the dog, at least five (5) business days prior to the date set for hearing, in substantially the following form:

• NOTICE OF HEARING REGARDING POTENTIALLY DANGEROUS, DANGEROUS OR VICIOUS DOG, OR COMPLIANCE HEARING

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 7.30 of Title 7 of the San José Municipal Code, an Animal Services Officer has reported that there is reasonable cause to believe your dog is potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit.

FURTHER NOTICE IS HEREBY GIVEN that on the _________ day of _________ 20________, at the hour of _________ o'clock, in the office of the Hearing Officer located at _________, the report of an Animal Services Officer will be considered by the Hearing Officer together with any other oral and documentary evidence bearing upon the question of whether your dog is potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit. You may appear and present evidence at the hearing.

In the event your dog is found to be potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit, the dog will be ordered to be controlled, confined, destroyed, restricted, or otherwise abated as a public nuisance. In the event your dog is found to be dangerous or vicious, or maintained in violation of the special dog permit, you may be ordered to pay a fine not to exceed five hundred dollars ($500.00) for each dangerous dog incident, and one thousand dollars ($1,000.00) for each vicious dog incident. All costs of impoundment, care, and board of the dog incurred by the City of San José will be assessed against you and must be paid prior to the dog's release.

Dated:

---

Administrator

Address

(Ord. 28079.)

The Administrator must cause a notice of the potentially dangerous, dangerous, or vicious dog, or compliance hearing to be mailed or otherwise delivered to all person(s) who have complained about the dog, to the owners of all the properties within three hundred (300) feet of the address where the dog has been maintained, and to the substation of the United States Postal Service serving that ad-

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dress. The notice must be sent at least five (5) business days prior to the date set for hearing in substantially the following form:

NOTICE OF HEARING REGARDING POTENTIALLY DANGEROUS, DANGEROUS OR VICIOUS DOG, OR COMPLIANCE HEARING

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 7.30 of Title 7 of the San José Municipal Code, an Animal Services Officer has reported that there may be cause to believe that a dog, which is owned or under the control of [NAME] _________ of [ADDRESS] _________, is potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit.

FURTHER NOTICE IS HEREBY GIVEN that on the ________ day of _________ 20________, at the hour of _________ o'clock,

in the office of the Hearing Officer located at _________, the report of an Animal Services Officer will be considered by the Hearing Officer together with any other oral and documentary evidence bearing upon the question of whether the dog is potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit. As parties affected or potentially affected by the dog's behavior, you are invited to appear and present evidence at the hearing on the issue of whether or not the dog is potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit.

In the event the dog is found to be potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit, it will be ordered to be controlled, confined, destroyed, restricted, or otherwise abated as a public nuisance.

Dated:

Administrator Address

(Ord. 28079.)

• A. Pursuant to Food and Agricultural Code Section 31621, as may be amended, the hearing must be held promptly within no fewer than five (5) business days nor more than ten (10) business days after service of notice upon the dog owner/guardian or person with a right to control the dog.

• B. At the hearing to determine whether the dog is potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit, the dog owner/guardian or person with a right to control the dog and the city may be represented by counsel, may present evidence, and may cross-examine witnesses. Strict rules of evidence do not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

• C. Any witness appearing may present evidence.

• D. Once an animal services officer presents evidence to substantiate the dog's status as potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit, the burden shifts to the dog owner/guardian to rebut based on circumstances specified in Section 7.30.030.

• E. The decision of the hearing officer that the dog is potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit must be supported by evidence on the record and is final.

• F. The hearing officer must cause written notice of his or her decision to be mailed within fifteen (15) business days after the conclusion of the hearing to the dog owner/guardian or person with a right to control the dog and to all persons who make a written request for a copy of the decision.

• G. Unless the preponderance of the evidence rebuts the allegation that the dog is potentially dangerous, dangerous or vicious, or main-

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tained in violation of the special dog permit, the hearing officer may determine the dog to be potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit, as alleged.

• H. If no evidence is entered at the hearing on behalf of either the dog owner/guardian or person with a right to control the dog, then the hearing officer may determine that the dog is potentially dangerous, dangerous or vicious, or maintained in violation of the special dog permit, as alleged.

• I. The dog owner/guardian or person with a right to control the dog has five (5) business days upon service of the hearing officer's decision to appeal the decision to the superior court pursuant to Food and Agricultural Code Section 31622, as may be amended, or the decision will be deemed final if no appeal is filed on or before the expiration of the appeal period. Service of the decision or appeal may be either personally or by first-class mail, postage prepaid.

as five (5) business days upon service of the hearing officer's decision to appeal the decision to the superior court pursuant to Food and Agricultural Code Section 31622, as may be amended, or the decision will be deemed final if no appeal is filed on or before the expiration of the appeal period. Service of the decision or appeal may be either personally or by first-class mail, postage prepaid.

• J. Within thirty (30) days of service of the hearing officer's decision, both the dog owner/ guardian and person with a right to control a dog that is deemed potentially dangerous, dangerous, or vicious must comply with all the provisions of the hearing officer's decision. Either the failure of the dog owner/guardian or person with a right to control the dog to comply with all the provisions of the hearing officer's decision will result in the surrender of the animal to the administrator to be disposed in accordance with the law. The appeal of the hearing officer's decision to the superior court will suspend the thirty (30) day period until a resolution of the appeal by the court. The administrator may grant either the dog owner/ guardian or person with a right to control the dog a fifteen (15) day extension for good cause such as evidence of a good faith effort to comply and circumstances beyond the control of the dog owner/guardian or person with a right to control the dog.

• (Ord. 28079.)

• A. The hearing officer may determine, after a dangerous or vicious dog hearing, or compliance hearing, that the dog owner/guardian or person with a right to control a dog that has been deemed dangerous or vicious, or maintained in violation of the special dog permit, should be prohibited from owning, possessing, controlling, or having custody of any dog for up to three (3) years because his or her ownership/guardianship or control of a dog would create a significant threat to the public health, safety, and welfare.

(Ord. 28079.)

The hearing officer may impose fines upon the dog owner/guardian or person with a right to control the dog for creating, maintaining, or fostering a dangerous or vicious dog in an amount not to exceed five hundred dollars ($500.00) for each incident described under Section 7.10.090 and one thousand dollars ($1,000.00) for each incident described under Section 7.10.210. In determining the amount of the fine, the hearing officer may take any and all of the following factors into consideration:

• A. The period of time during which the dog owner/guardian or person with a right to control the dog failed to comply with this chapter;

• B. The nature, frequency, and recurrence of the dangerous or vicious dog behavior;

• C. The ease with which the dangerous or vicious dog behavior could have been abated;

• D. The good faith efforts made to deter the dangerous or vicious dog behavior or ameliorate its effects;

• E. The economic impact of the penalty upon persons responsible for payment;

• F. The impact of the dangerous or vicious dog behavior on the community;

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§ 7.30.350

• G. The number and nature of previous enforcement actions by the administrator; and

• H. Such other factors as justice may require.

• (Ord. 28079.)

Part 5

SPECIAL DOG PERMIT

Sections:

• 7.30.500 Special dog permit required.

• 7.30.510 Special dog permit application.

• 7.30.520 Special dog permit fee.

• 7.30.530 Issuance of special dog permit.

• 7.30.540 Special dog permit tag.

• 7.30.550 Special dog permit renewal.

• 7.30.560 Denial or revocation of a special dog permit.

• 7.30.570 Permits not transferable.

• 7.30.580 Inspection and inspection fees.

• 7.30.590 Requirements for notification.

• 7.30.600 No new permit after denial or revocation.

• 7.30.610 Removal of designation as a dangerous dog.

• A. It is unlawful for any person to possess or maintain a potentially dangerous, dangerous, or vicious dog unless he or she has a current and valid special dog permit.

• B. The dog owner/guardian or person with a right to control a dog found to be potentially dangerous, dangerous, or vicious by the hearing officer must submit an application for a special dog permit within ten (10) business days after the date that a copy of the decision is placed in the mail or personally served on the dog owner/guardian or person with a right to control the dog, whichever date is earlier in time.

• C. The license requirement in Part 5 of Chapter 7.20 is applicable to dogs with a special dog permit.

• D. No dog impounded at the San José Animal Care Center and deemed potentially dangerous, dangerous, or vicious may be released prior to issuance of both a license pursuant to Part 5 of Chapter 7.20 and a special dog permit.

• (Ord. 28079.)

• A. An application for a special dog permit must be made by the dog owner/guardian or person with a right to control the dog on a form provided by the administrator and must be filed with the administrator.

• B. The application must contain all of the following information:

  1. The name, address, and telephone number of the dog owner/guardian or person with a right to control the dog;

  2. Any name(s) by which the dog is called;

  3. The height, weight, color, and any distinguishing physical characteristics of the dog;

  4. A statement specifying all convictions within the past five (5) years of the dog owner/guardian or person with a right to control the dog, by any court of law, for any violation of this title, or of any other laws relating to animals, public nuisance caused by animals, or cruelty to animals in this or any other state, and any administrative citations issued for violations of this title which were upheld by a hearing officer or which were not contested by the applicant. For purposes of this section, a forfeiture of bail is deemed to be a conviction of the offense charged;

  5. The number of the license issued pursuant to Part 5 of Chapter 7.20 or a statement that an application for such a license is being concurrently filed; and

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6. A recent and clear photograph of the dog.

• C. The dog owner/guardian or person with a right to control the dog must affirmatively state on oath or affirmation under penalty of perjury, that he or she has the necessary facilities and equipment to comply with all the applicable requirements for maintaining a potentially dangerous, dangerous, or vicious dog as prescribed in this chapter and that all the information given on the application is true and correct.

• (Ord. 28079.)

• A. The fee for a special dog permit must be set forth in the schedule of fees adopted by resolution of the city council. These fees must be paid by the dog owner/guardian or person with a right to control the dog concurrent with submission of the application for a special dog permit.

• B. If the administrator denies the applicant a special dog permit, a partial refund, as set forth in the schedule of fees adopted by resolution of the city council, may be granted provided the applicant does not have any other outstanding fees and fines due to the city, and can provide proof that the dog has been disposed of in accordance with the law.

• (Ord. 28079.)

• A. Upon completion of the processing of the special dog permit application and payment of the special dog permit fee, the administrator must decide whether to grant or deny a special dog permit.

• B. In issuing the special dog permit, the administrator may impose any additional conditions which the administrator deems reasonably necessary to protect the public health, safety, and welfare.

• C. The special dog permit must specify whether it is for a potentially dangerous, dangerous, or vicious dog.

• (Ord. 28079.)

• A. In addition to the license tag required in Part 5 of Chapter 7.20, every dog that is subject to a special dog permit must wear a special dog permit tag provided by the administrator.

• B. The tag must have the special dog permit number printed on its face. The tag must have a distinctive shape, size, and color chosen by the administrator.

• C. It is unlawful for any person to remove the special dog permit tag except to the extent removal is necessary for:

  1. Bathing the dog;

  2. Rendering veterinarian services; or

  3. Replacing the special dog permit or license tags.

     • Once removed, the tag must be replaced as soon as reasonably possible.

• D. It is unlawful for any person to attach a special dog permit tag to any dog other than the dog for which it is issued.

• (Ord. 28079.)

• A. Any special dog permit issued under this part expires twelve (12) months from the date of issuance. The procedure for renewal of the permit is the same as for the original permit.

• B. Any special dog permit issued for a potentially dangerous dog will not need to be renewed after twelve (12) months from the date of issuance unless deemed necessary by the hearing officer after a potentially dangerous dog hearing.

• C. An application for the renewal of a special dog permit must be made within thirty (30) days prior to the expiration of the permit. Upon failure to make a timely application, the applicant must pay, in addition to the permit fee, a

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late renewal fee as set forth in the schedule of fees adopted by resolution of the city council. (Ord. 28079.)

The Administrator may deny or revoke a special dog permit issued pursuant to this Part in any of the following situations:

• A. The administrator has determined, after inspection or upon complaint from any person, that the applicant or permit holder is in violation of any of the provisions of this chapter, this title or other applicable law that govern the health, safety, and maintenance of dogs.

• B. The administrator has reason to believe that the applicant or permit holder has willfully withheld or falsified any information required for the permit.

• C. If the applicant or permit holder has been convicted within the past five (5) years, by a court of law, for any violation of this title, or any other law(s) relating to animals, public nuisance caused by animals, or cruelty to animals in this or any other state, and any administrative citations issued for violations of this title which were upheld by a hearing officer or which were not contested by the applicant. For the purpose of this section, a forfeiture of bail is deemed a conviction of the offense charged.

• D. The applicant or permit holder fails to pay in full all fines, and impoundment, boarding or other outstanding fees.

• E. The applicant or permit holder fails to allow the administrator or animal services officer to conduct a lawful inspection of the potentially dangerous, dangerous, or vicious dog or the premises where the dog is located.

  • F. The applicant or permit holder fails to appear at the hearing to appeal the revocation of the special dog permit conducted pursuant to Section 7.30.700.

• (Ord. 28079.)

The special dog permit may not be sold, assigned or transferred and covers only the premises designated and the person to whom the permit was originally issued.

(Ord. 28079.)

• A. The administrator has the authority to inspect at any reasonable time and in a reasonable manner, the dog that is subject to a special dog permit and the property where the dog is located in order to verify the full conformance with the requirements of this chapter.

• B. The administrator may impose an additional fee for any inspection conducted in accordance with Subsection A, if either the dog owner/guardian or person with a right to control the dog has failed to maintain or board the dog in conformity with the requirements of this chapter. The inspection fee must be set forth in the schedule of fees adopted by resolution of the city council.

• (Ord. 28079.)

• A. Both the dog owner/guardian and person with a right to control a dog that is subject to a special dog permit are required to notify the administrator immediately if the dog:

  1. Is running at large; or

  2. Has attacked another domestic animal or a person.

• B. The dog owner/guardian and person with a right to control the dog may not move the place of residence of the dog within the city, sell, trade, give away, or otherwise transfer ownership/guardianship and/or the right to control the dog to a person residing within the

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city, unless the administrator has issued a special dog permit for the new location and to the person assuming ownership/guardianship and/or right to control the dog.

• C. If either the dog owner/guardian or person with a right to control the dog decides to sell, trade, give away, or otherwise transfer ownership/guardianship and/or the control of the dog to a location outside of the city or to another person residing outside the city, the person transferring ownership/guardianship and/or right to control must:

  1. Notify the administrator at least five (5) business days prior to the physical transfer of the dog;

  2. Provide the administrator with the name, address, and telephone number of the new owner/guardian or person with a right to control the dog; and

  3. Return the special dog permit tag to the administrator.

• D. In the event the dog dies, the owner/guardian or person with a right to control the dog must notify the administrator and return the special dog permit tag within ten (10) business days of the death of the dog.

• (Ord. 28079.)

If a special dog permit has been denied or revoked, the administrator may refuse to accept a new permit application from the same applicant for two (2) years from the date of such denial or revocation.

(Ord. 28079.)

If there are no additional instances of the behavior or characteristics specified in Sections 7.10.090, 7.10.180, or 7.10.210 within a thirty-six (36) month period from the date of the designation as a dangerous dog, either the owner/guardian or

person with a right to control the dog may petition the administrator to remove the dog's designation as a dangerous dog. (Ord. 28079.)

Part 7

SPECIAL DOG PERMIT DENIAL OR REVOCATION HEARING

Sections:

• A. If the administrator seeks to deny the application for or revoke a special dog permit, the administrator must send to the applicant or permit holder, a notice of intent to deny or revoke which states the following:

  1. The reason(s) for the denial or revocation;

  2. That the applicant or permit holder may appeal the intended decision by requesting a hearing in writing;

  3. That the request for a hearing must be received by the administrator within ten (10) business days after the date that a copy of the notice of intent to deny or revoke was placed in the mail; and

  4. Failure to request a hearing within the time specified may result in seizure of the dog.

• B. Failure to apply for a special dog permit by an owner/guardian or person with a right to control the dog terminates the right to a hearing.

• C. Upon service of a request for a hearing, the hearing officer must set the date, time and place for the hearing. Service may be personally or by first-class mail, postage prepaid. The hearing officer must cause notice of the hearing to be mailed to the person requesting

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it at least five (5) business days before the date of the hearing. The hearing is conducted in accordance with the provisions of Section 7.30.330.

• D. The hearing officer must cause notice to be sent to the owners of each property within three hundred (300) feet of the applicant or permit holder's property and to the United States Postal Service substation which serves the property. This notice must state:

  1. The date, time, location, and nature of the hearing;

  2. The reasons for the denial or revocation; and

  3. That the parties notified have the right to present any relevant evidence with regard to the denial or revocation of the permit.

• (Ord. 28079.)

• A. The hearing officer's decision must be supported by evidence on the record.

• B. If the hearing officer upholds the decision to deny or revoke a special dog permit, then the hearing officer may direct that:

  1. The owner/guardian or person with a right to control the dog pay all applicable fees and transfer ownership/guardianship of the dog to a person who either satisfies the requirements of this chapter or who will have the dog reside outside the city, within a specified time period.

  2. The city may dispose of the dog in accordance with the law.

  3. The owner/guardian or person with a right to control the dog has five (5) business days upon service of the hearing officer's decision to appeal the decision to the superior court pursuant to Food and Agricultural Code Section 31622, as may be amended, or the decision will be deemed final if no appeal is filed on or before the expiration of the appeal pe-

riod. Service of the decision or appeal may be either personally or by first-class mail, postage prepaid. If either the owner/ guardian or person with a right to control the dog fails to comply with the hearing officer's decision, the administrator may summarily seize the dog and assume possession of the dog for disposal in accordance with the law.

4. If the dog has been impounded in contemplation of or pursuant to the hearing, either the owner/guardian or person with a right to control the dog must pay all fees associated with the board and care of the dog. Failure to appeal the hearing officer's decision and remit all applicable fees five (5) business days after service of the decision will trigger the state mandated holding period, under Food and Agricultural Code Sections 31754, 31752 and 31108, as may be amended, of four (4) business days, not including the day of impoundment. If by the end of this holding period, neither the owner/guardian nor the person with a right to control the dog has paid the balance of fees, both the owner/guardian and person with a right to control the dog forfeit their interest in the dog and the city may dispose of the dog in accordance with the law. Both owner/guardian and person with a right to control the dog are responsible for the payment of all applicable fees.

• C. If the hearing officer decides denial or revocation of the special dog permit is not warranted, the hearing officer may release the dog. If the dog is impounded, the hearing officer may require the release of the dog from impoundment be upon payment of the impound and board fees, and may add such conditions to the special dog permit as are necessary to effectuate the purposes of this chapter and to protect the public health, safety, and welfare.

(Ord. 28079.)

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Part 9

MAINTENANCE OF POTENTIALLY DANGEROUS, DANGEROUS OR VICIOUS DOG

Sections:

• 7.30.900 Maintenance requirement.

• 7.30.910 Potentially dangerous dog maintenance requirement.

• 7.30.920 Dangerous dog maintenance requirement.

• 7.30.930 Vicious dog maintenance requirement.

• 7.30.940 Confinement requirement.

• 7.30.950 Muzzling and leashing requirement.

• 7.30.960 Warning signs requirement.

• 7.30.970 Transportation requirement.

• 7.30.980 Insurance requirement.

• 7.30.990 Microchip implant requirement.

It is unlawful for any person to possess or maintain a potentially dangerous, dangerous, or vicious dog in violation of this part. (Ord. 28079.)

The administrator may impose any or all of the following requirements upon the maintenance of a potentially dangerous dog:

• A. A potentially dangerous dog must be muzzled and leashed, as specified under Section 7.30.950, when it is on any public street or in any other public place, or upon any private place or property or common area of any planned development, cluster, townhouse, or condominium project unless the dog owner/guardian or person with a right to control the dog has obtained the consent of the owner/guardian or person in control of the

private place or property or common area of the planned development, cluster, townhouse, or condominium project.

• B. A potentially dangerous dog must be spayed or neutered.

• C. A potentially dangerous dog must have a microchip implant for identification purposes.

• D. A potentially dangerous dog is subject to special dog permit tag requirements under Section 7.30.540.

• E. The dog owner/guardian or person with a right to control the dog must seek preapproval from the administrator for a dog obedience class and attend the dog obedience class with the dog that exhibited the behavior specified in Section 7.10.180.

• (Ord. 28079.)

A dangerous dog is subject to all requirements of Section 7.30.910 and all of the following:

• A. A dangerous dog is subject to the confinement requirements of Section 7.30.940;

• B. A dangerous dog is subject to the warning sign requirements of Section 7.30.960;

• C. A dangerous dog is subject to the transportation requirements of Section 7.30.970; and

• D. A dangerous dog is subject to the insurance requirements of Section 7.30.980.

• (Ord. 28079.)

• A. A vicious dog is subject to all requirements under Section 7.30.920 and the hearing officer may impose additional conditions upon the ownership/guardianship and control of a vicious dog if the hearing officer determines that under these additional conditions, the dog would not present a significant threat to the public health, safety, and welfare.

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§ 7.30.930

• B. If the hearing officer determines that a dog is vicious but additional conditions upon the ownership/guardianship and control of the dog will not sufficiently mitigate a significant threat to the public health, safety, and welfare, the hearing officer may order the dog be destroyed by the city in accordance with the law.

• (Ord. 28079.)

A dangerous or vicious dog must be securely confined at all times by one (1) of the following means:

• A. Outdoors:

  1. The dog must be confined by means of a securely enclosed escape-proof, locked kennel, or pen. Such kennel, pen or structure must have secure sides and a secure top attached thereto. The kennel or pen must be constructed in a manner and of such material so that it cannot be broken down by any action of the confined dog. All structures used for confinement of dangerous or vicious dogs must be locked with a key or combination lock of sufficient strength to ensure confinement of the dog. Such structures must be erected upon a secure bottom or floor constructed of concrete or other material of sufficient depth to prevent the dog from digging free.

  2. The supporting posts of the structure must be set in concrete or other material not less than two (2) feet into the ground and no further than six (6) feet apart. The sides and ends of the structure must be constructed of solid boards or chain-link material not less than six (6) feet in height and securely fastened to the top and bottom of the structure. The structure may not be constructed or maintained in any front or required

side yard and must be maintained in a sanitary condition at all times. The dog(s) confined therein must be afforded adequate protection from the elements and kept in a humane manner.

  3. The escape-proof, locked kennel or pen may not be enclosed by a fence of less than six (6) feet high. 

• B. Indoors: The dog must be confined by means of a house, apartment, building, or similar structure wherein the windows and doors are secured to prevent the dog from exiting without the assistance of either the owner/guardian or person with a right to control the dog.

• (Ord. 28079.)

• A. No person may bring a dangerous or vicious dog to a place that does not meet the requirements of Section 7.30.940, even temporarily, unless the dog is securely muzzled and leashed in accordance with this section.

• B. The leash must:

  1. Not exceed three (3) feet in length;

  2. Be capable of restraining four (4) times the weight of the dog; and

  3. Be attached to an escape-proof commercial quality walking harness that fastens securely across the shoulders and midchest encompassing the rib area and upper abdomen of the dog.

• C. The administrator may require as an alternative to Subsection B. that a neck collar be used for a dangerous or vicious dog.

• D. The dog must be securely muzzled with a device constructed to allow normal respiration but impossible for the dog to remove without human assistance.

• E. The dog must be under the direct physical control of a person eighteen (18) years old or older who is physically capable of restraining the dog.

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• F. The administrator may require the use of specially marked or colored leash and collar or harness for identification of dangerous and vicious dogs.

• (Ord. 28079.)

The dog owner/guardian or person with a right to control the dog must post sign(s) advising of the presence of a dangerous or vicious dog at every entrance to the property wherein any dangerous or vicious dog is confined. The dog owner/guardian or person with a right to control the dog must obtain the signs from the administrator. A fee may be charged for the signs as set forth in the schedule of fees adopted by resolution of the city council. (Ord. 28079.)

• A. A dangerous or vicious dog must be transported in a locked animal carrier equivalent in construction quality to those used by commercial air carriers.

• B. A dangerous or vicious dog may not be unconfined or unattended in or about any motor vehicle.

(Ord. 28079.)

• A. No person may keep, have, or maintain, sell, trade, or let for hire a dangerous dog unless that person has a public liability insurance policy from an insurer licensed to practice in the State of California, in a single incident amount of not less than one hundred thousand dollars ($100,000.00) for each such dog, for injury to or death of any person or persons, or loss or damage to any property, caused by or resulting from any act of such dog.

• B. No person may keep, have, or maintain, sell, trade, or let for hire a vicious dog unless that person has a public liability insurance policy from an insurer licensed to practice in the State of California, in a single incident amount of not less than two hundred thousand dollars

($200,000.00) for each such dog, for injury to or death of any person or persons, or loss or damage to any property, caused by or resulting from any act of such dog.

• C. The owner/guardian or the person with a right to control the dangerous or vicious dog must provide written notice to the administrator of any cancellation or material change in the insurance within five (5) days of service of notice from the insurer. Service may be personally or by first-class mail, postage prepaid. In case of such cancellation or material change, the dog owner/guardian or the person with a right to control the dog must, at the time of the written notice to the administrator, also provide the administrator written assurance stating that the person will obtain other insurance to meet the requirement of this section. If no alternate insurance can be found before the current insurance coverage ends, then the person must remove the dog from the city, surrender the dog to the administrator, or otherwise dispose of the dog in accordance with the law.

• (Ord. 28079.)

The owner/guardian or person with a right to control a dog that is subject to a special dog permit must, at his or her own expense, have a microchip inserted into the dog by a licensed veterinarian within twenty (20) days of the designation as a potentially dangerous, dangerous or vicious dog for identification purposes. The owner/guardian or person with a right to control the dog must provide the administrator with the identifying information listed on the microchip and the information must be noted in the city's licensing record for that dog. (Ord. 28079.)