Shafter Municipal Code Ch. 6.32 Vicious and Potentially Dangerous Dogs—seizure Hearing Procedures

A. A law enforcement officer or animal control officer may summarily and immediately seize and impound any dog which is alleged to have bitten or attacked a human being or domestic animal. Pending the completion of a hearing for the purpose of determining whether the dog is a vicious or potentially dangerous animal as defined in Chapter 6.08. B. Any animal seized and impounded pursuant to this chapter shall be boarded and housed in the animal shelter or other place which the animal control officer, police officer, other authorized personnel deems equally secure until such time as the hearing is completed. The owner or keeper of the dog shall be liable for any cost or expenses of impounding the dog.

C. Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter, such official may enter private property at all reasonable times to inspect the premise or to perform any duty imposed by this chapter. Provided that if such property is occupied, such official shall first present proper credentials and demand entry. If entry is refused, or if the owner or other person having control of such property is not present to permit entry, such official shall have recourse to every remedy provided by law to secure entry at a later time.

(Ord. 606 § 1 (part), 2007)

Administrative hearing to determine if dog is potentially dangerous or vicious, or if owner of a previously determined potentially dangerous or vicious dog is in violation of this chapter, or if the dog is a significant public threat.

A. The chief of police shall appoint a hearing officer who shall conduct all hearings for the purpose of determining whether a dog is potentially dangerous or vicious within the definitions of Chapter 6.08. B. If an investigation conducted by any peace officer or animal control officer results in a determination that there is probable cause to believe that (1) a dog is potentially dangerous or vicious; or (2) that the owner of a previously determined potentially dangerous or vicious dog is in violation of any of the provisions of this chapter or orders of the appointed hearing officer; or (3) if any dog is a significant threat to the public health, safety and welfare, the animal control officer, police officer, other authorized personnel shall file with the appointed hearing officer a verified complaint setting forth facts that establish probable cause to believe the dog in question is potentially dangerous or vicious, that the owner of a previously determined, potentially dangerous or vicious dog is in violation of this chapter or orders issued by the appointed hearing officer.

(Ord. 606 § 1 (part), 2007)

The animal owner shall be served a copy of the verified complaint, a notice of the hearing date, time and place, either personally or by first class mail with return receipt requested.

(Ord. 606 § 1 (part), 2007)

A hearing conducted pursuant to this chapter shall be held promptly within no less than five working days nor more than ten working days after service of the notice upon the animal owner.

(Ord. 606 § 1 (part), 2007)

The hearing shall be open to the public.

(Ord. 606 § 1 (part), 2007)

The appointed hearing officer may receive all relevant evidence from both the animal control officer, police officer, other authorized personnel and the animal owner. Such evidence may include incident reports and affidavits or witnesses.

(Ord. 606 § 1 (part), 2007)

The findings, determinations, declarations and orders of the appointed hearing officer shall be in writing based upon whether, by a preponderance of the evidence, the dog is proven potentially dangerous or vicious, or the owner of a previously determined potentially dangerous or vicious dog is proven in violation of this chapter or orders issued pursuant thereto, or a dog is proven to pose a significant threat to public safety and welfare. Service of the findings, determination and any orders issued pursuant thereto shall be made upon the animal owner either personally or by first class mail, return receipt requested. The findings, determinations and orders of the appointed hearing officer are final.

(Ord. 606 § 1 (part), 2007)

A. No person owning or harboring or having custody of a potentially dangerous or vicious dog shall permit such dog to go unconfined on the premises of such person. A potentially dangerous or vicious dog is "unconfined" as the term is used in this section if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or a dog run area upon the premises of such person. Such pen or dog run area must have sides a maximum of six feet in height with a secure top, and be located within a fenced yard. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot.

B. Any person owning or harboring or having custody of a potentially dangerous or vicious dog shall not fail, neglect, or refuse to keep posted in a conspicuous place at or near the entrance to the premises on which said dog is kept a sign having letters at least two inches in width and height and reading "Beware of Vicious Dog."

C. No person owning or harboring or having the custody of a potentially dangerous or vicious dog shall permit such dog to go beyond the premises of such person unless such dog is securely muzzled and restrained with a chain having a minimum tensile strength of three hundred pounds and not exceeding three feet in length.

D. No person shall own or train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to unprovoked attacks upon humans or domestic animals.

E. No person shall possess with intent to sell, or offer for sale, breed or buy within the city any potentially dangerous or vicious dog. The owner or keeper of a potentially dangerous dog must notify the animal control officer, police officer, other authorized personnel if the dog dies, is sold, transferred, or permanently removed from the city.

F. Any person owning or harboring or having the control of any potentially dangerous or vicious dog shall maintain a policy of insurance in an amount of not less than two hundred thousand dollars for each occurrence and insuring such person against any claim, loss, damage or injury to persons, domestic animals, or property resulting from the acts, whether intentional or unintentional, of the potentially dangerous or vicious dog. Such persons shall produce evidence of such insurance upon the request of the animal control officer, police officer, other authorized personnel, and when purchasing a license for such animal.

G. In the event that a law enforcement officer or animal control officer, police officer, other authorized personnel of the city has probable cause to believe that a potentially dangerous or vicious dog is being harbored or cared for in violation of any section of this chapter, said officer shall have the authority summarily and immediately to impound the dog.

H. A vicious dog may be destroyed if the appointed hearing officer determines that the release of the dog would create a significant threat to the public health, safety and welfare. If the appointed hearing officer determines that the vicious dog should not be destroyed, it must impose conditions upon the dog's owner or keeper that will protect the public health, safety and welfare.

I. 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 when the appointed hearing officer finds, after proceedings conducted, that such ownership or possession would create a significant threat to the public health, safety and welfare.

(Ord. 606 § 1 (part), 2007)

Notwithstanding the provisions regarding licensing and vaccination, a dog determined to be potentially dangerous or vicious must have that designation in its registration records. A fee of fifty dollars a year shall be imposed in addition to the regular licensing fee to provide for the increased costs maintaining the records of the dog.

(Ord. 606 § 1 (part), 2007)

A. 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. If it was protecting or defending a person within the dog's immediate vicinity from an unjustified attack or assault.

C. If the damage or injury was sustained by a domestic animal which was teasing, tormenting, abusing or assaulting the dog.

D. 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.

(Ord. 606 § 1 (part), 2007)

The appointed hearing officer shall remove a dog from the list of potentially dangerous dogs if no additional instances of behavior described in the potentially dangerous dogs definition occur within a thirty-six month period from the date of designation as a potentially dangerous dog.

(Ord. 606 § 1 (part), 2007)

If any party contests the determination, he or she may, within five days of the receipt of the notice of determination, appeal the appointed hearing officer's decision to the Shafter superior court. The person appealing the decision shall serve personally or by first class mail, postage prepaid, notice of the appeal upon the other party. The appeal shall be conducted pursuant to California Food and Agriculture Code Sections 31622, 31623, and 31624.

(Ord. 606 § 1 (part), 2007)