San Jose Municipal Code Part 9 Maintenance of Potentially Dangerous, Dangerous or Vicious Dog

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 pre-approval 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.

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.

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.)