San Jose Municipal Code Part 5 Special Dog Permit

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

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 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 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.)