San Jose Municipal Code Part 1 Seizure and Release

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 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 control 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.)

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.)