Siskiyou County Municipal Code Art. 12 Potentially Dangerous and Vicious Dogs

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Editor's note— Ord. No. 14-02, § I, adopted Jan. 21, 2014, amended Art. 12 in its entirety to read as herein set out. Former Art. 12, §§ 5-3.12.01—5-3.12.06, pertained to similar subject matter, and derived from Ord. 07-05, § I, eff. Feb. 15, 2007.

Within the County of Siskiyou there are potentially dangerous and vicious dogs that have become a threat to the safety and welfare of the citizens of the County which should be abated. The provisions of this chapter set forth the procedures by which a dog is found to be a potentially dangerous or vicious, thereby becoming subject to appropriate controls and other actions. This chapter is intended to supplement rather than supplant any other remedy available under state statute (including and not limited to Penal Code Sections 597 and 599, Food and Agriculture Code Sections 31602, 31603, 31604, 31605, 31606, 31607, 31609, 31621, 31622, 31625, 31626, 31641, 31642, 31643, 31644, 31645, 31646, 31683) or County ordinance (including and not limited to Chapter 3: Animal Control Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15).

(Ord. No. 14-02, § I, 1-21-2014)

Potentially dangerous dog means any of the following:

(a) Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or custodian of the dog.

(b) Any dog which, when unprovoked, bites a person or otherwise engages in aggressive behavior, causing a less severe injury than as defined in Section 5-3.12.04.

(c) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal or livestock off the property of the owner or custodian of the dog.

(Ord. No. 14-02, § I, 1-21-2014)

"Vicious dog" means any of the following:

(a) Any dog that engages in or has been found to have been trained to engage in exhibitions of fighting;

(b) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a person;

(c) Any dog previously determined to be and currently listed as a potentially dangerous dog in Siskiyou County, or to be a dangerous or vicious dog in another jurisdiction, which, after its owner or custodian has been notified of this determination, continues the behavior described in Section 5-3.12.02 or is maintained in violation of Section 5-3.12.12 or other restrictions placed upon it by another jurisdiction.

(Ord. No. 14-02, § I, 1-21-2014)

"Severe" injury means any physical harm to a human being that results in a serious illness or injury, including but not limited to a major fracture, muscle tears or disfiguring lacerations requiring multiple sutures or corrective or cosmetic surgery.

(Ord. No. 14-02, § I, 1-21-2014)

"Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous or a vicious dog in conjunction with other measures which may be taken by the owner or custodian of the dog. The enclosure shall be designed to prevent the animal from escaping. The animal shall be housed pursuant to section 597t of the Penal Code.

(Ord. No. 14-02, § I, 1-21-2014)

"Department" means the Department of Animal Control.

(Ord. No. 14-02, § I, 1-21-2014)

"Impounded" means taken into the custody of the Department.

(Ord. No. 14-02, § I, 1-21-2014)

This chapter does not apply to humane society shelters, Animal Control facilities, or veterinarians or to dogs while utilized by any sheriff or police department or any law enforcement officer in the performance of law enforcement work.

(Ord. No. 14-02, § I, 1-21-2014)

(a) If upon investigation it is determined by the Animal Control Officer or law enforcement officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the Animal Control Officer or law enforcement officer may seize and impound the dog pending the hearing to be held pursuant to this chapter. The owner or custodian of the dog shall be liable for the costs and expenses of keeping the dog impounded if the dog is later adjudicated potentially dangerous or vicious. Such costs and expenses shall be paid prior to the release of the dog.

(b) When a dog has been impounded pursuant to subsection A and it is not contrary to public safety, the Director of the Department of Animal Control may permit the animal to be confined at the owner's expense in a department-approved animal or veterinary facility.

(Ord. No. 14-02, § I, 1-21-2014)

(a) Hearing. If an Animal Control Officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the Director or Chief Animal Control Officer of the Department of Animal Control shall conduct an administrative hearing, for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious.

(b) Notice of Hearing and Petition. Whenever possible, a complaint received from a member of the public which serves as the evidentiary basis for the Animal Control Officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The Chief Animal Control Officer or Animal Control Officer of the Department of Animal Control shall notify the owner or custodian of the dog that an administrative hearing will be held, at which time he or she may present evidence as to why the dog should not be declared potentially dangerous or vicious. The owner or custodian of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first class return receipt. The hearing shall be held promptly within no less than five (5) working days no more than ten (10) working days after the service of the notice upon the owner or custodian of the dog.

(c) Conduct of Hearing. The hearing shall be conducted as an administrative hearing open to the public. The Administrative Hearing Officer and/or Hearing Board with a Hearing Officer may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of not be available. The Administrative Hearing Officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and shall make other orders or findings required or authorized by this chapter. The Administrative Hearing Officer may decide all issues for or against the owner or custodian of the dog even if the owner or custodian fails to appear at the hearing.

(d) Administrative Hearing Officer. If the dog owner is notified that an administrative hearing will be held, the hearing shall be conducted by a neutral hearing officer. The Department may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who signed the petition or directed the seizure or impoundment of the dog, and is not junior in rank to that person(s). In the alternative, the Department may utilize the services of a hearing officer from outside the department.

(e) Hearing Board. When members are available and/or when a Hearing Board is deemed necessary. The Hearing Board will consist of two members plus the Administrative Hearing Officer as designated in paragraph (d) of this section. The two members will consist of a representative from the Siskiyou County Health Department and a representative from the Siskiyou County Sheriff's Department.

(Ord. No. 14-02, § I, 1-21-2014)

Following an administrative hearing conducted pursuant to Section 5-3.12.10, the Department and the owner or custodian of the dog shall be notified in writing of the decision of the Hearing Officer, either personally or by first class mail. If the Department or the owner or custodian of the dog desires to contest the decision, the Department or the owner/custodian must notify the other party within five (5) business days of the intention to seek judicial review of the decision and must file appeal with Superior Court within the same five (5) business days. The party seeking judicial review by the Superior Court must comply with all requirements of Code of Civil Procedure Section 1094.5 et seq.

(Ord. No. 14-02, § I, 1-21-2014)

(a) The Administrative Hearing Officer and/or Hearing Board may impose any of the following conditions when it has determined that the potentially dangerous designation applies to the dog:

(1) The dog shall be properly licensed and vaccinated at the owner's expense within thirty (30) calendar days of the notification of potentially dangerous designation to the owner or custodian. In the case where the newly designated dog has been impounded, the above conditions may be required to be completed, prior to release of the dog, within fourteen (14) calendar days pursuant to paragraph (7) of this section or the dog will be considered abandoned. The Department may include this designation in the registration records of the dog and may require micro chipping the dog, at the owner's expense, after the administrative hearing or court has determined that the designation applies to the dog.

(2) The dog, while on the owner's property, shall, at all times, be kept in a securely fenced yard or enclosure from which the dog cannot escape, and into which children cannot trespass. The yard or enclosure must be inspected and approved in writing by the Department to ensure adequate secure fencing within five (5) business days of the notification of potentially dangerous designation to the owner or custodian. In the case where the newly designated dog has been impounded, the above conditions may be required to be completed prior to release of the dog to its owner or custodian.

(3) The dog may be off the owner's premises only if it is restrained by a substantial leash, not exceeding six (6) feet in length, and if it is under the control of an adult capable of restraining and controlling the dog. At no time may the dog be left unattended while off the owner's premises.

(4) The owner or custodian of the dog shall notify the department immediately in the event the dog is at large, or has committed an attack on any person or domestic animal or livestock..

(5) The Department shall charge Ninety and no/100ths ($90.00) Dollars in addition to the regular license fee charged in Siskiyou County Code Section 5-3.6.01 for the first year's license following designation as potentially dangerous or vicious. Each year thereafter the Department shall charge Forty and no/100ths ($40.00) Dollars in addition to the regular license fee charged in Siskiyou County Code Section 5-3.6.01 until the potentially dangerous or vicious designation is removed.

(6) The dog may be spayed or neutered at the expense of the owner or custodian within thirty (30) days of the notification of potentially dangerous designation to the owner or custodian. In the case where the newly designated dog has been impounded, the above conditions may be required to be completed, at the owners expense, prior to the release of the dog to its owner or custodian. If the owner chooses to keep the potentially dangerous dog unaltered, an additional fee of One Hundred and no/100ths ($100.00) will be added per license year and to all existing fees, fines and service costs.

(7) All charges for services performed by the Department pursuant to this Section 5-3.12.12 and all other fees and fines pursuant to Title 5, Chapter 3 of the Siskiyou County Code of Ordinances, shall be paid prior to the release of the dog to its owner or custodian. If the charges and fines are not paid within fourteen (14) calendar days after the date the services are performed or the fees and fines are ordered to be paid as designated by the notification of potentially dangerous designation to the owner, the dog shall be deemed to be abandoned and may be disposed of by the Department. If the dog had not been impounded then the above conditions must be completed within 30 calendar days of the notification of designation and conditions to the owner or custodian.

(8) If the potentially dangerous or vicious dog dies, is sold, transferred, changes ownership, changes address or is permanently removed from Siskiyou County, the owner shall notify the Department, in writing within two (2) working days.

(9) An Administrative Hearing Officer and or Hearing Board may impose such other reasonable conditions as are deemed necessary to protect the public safety and welfare.

(Ord. No. 14-02, § I, 1-21-2014)

(a) The Administrative Hearing Officer and/or Hearing Board may impose any of the following conditions when it has determined that the vicious designation applies to the dog:

(1) A dog determined to be a vicious dog may be destroyed by the Department when it is found, after proceedings conducted under Section 5-3.12.10, that the release of the dog would create a significant threat to the public health, safety and welfare.

(2) If it is determined that a dog found to be vicious shall not be destroyed, Administrative Hearing Officer and or Hearing Board may impose the conditions upon ownership of potentially dangerous dogs required by Section 5-3.12.12, the conditions required by this section, and any other conditions necessary to protect the public health, safety, and welfare.

(3) The enclosure that is required pursuant to subsection (b) of Section 5-3.12.12 shall be an enclosure which is enclosed on all sides, and which is locked by a padlock. It may be required to have a top and a cement floor. The enclosure must be approved in writing by the Department to ensure adequate secure fencing within five (5) business days of the notification of vicious designation to the owner or custodian. In the case where the newly designated dog has been impounded, the above conditions may be required to be completed prior to release of the dog to its owner or custodian.

(4) The owner or custodian of the dog may be required to post one or more signs on the premises at a location(s) approved by the Department stating that a dog which has been determined to be vicious resides on the premises.

(5) The owner of a dog determined to be a vicious dog may be prohibited from owning, possessing, controlling, or having custody of any dog in or around the owners residence for a period of up to three (3) years, if it is found at the hearing conducted pursuant to the petition to declare the dog vicious, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.

(Ord. No. 14-02, § I, 1-21-2014)

(a) The Administrative Hearing Officer and/or Hearing Board who heard the petition to determine if a dog is potentially dangerous or vicious may schedule follow-up hearing dates to ensure compliance with all conditions imposed or designate an Animal Control Officer to follow up with implementation of imposed conditions and deadlines.

(b) Consequences that may result from the failure of an owner or custodian of a dog released after a hearing pursuant to Section 5-3.12.10 to comply with any of the conditions imposed under Section 5-3.12.12 and/or Section 5-3.12.13 include, but are not limited to the following:

(1) The failure to comply with any condition shall be punishable as either an infraction or a misdemeanor if such dog bites, attacks or causes injury to any person or domestic animal or livestock with a fine not to exceed One Thousand and no/100ths ($1,000.00) per condition or violation.

(2) A violation of any part of an administrative hearing decision or court order may be the subject of a civil action for injunctive relief to enjoin the person who violated the decision or order. The filing and prosecution of an action for injunctive relief shall not limit the authority or ability of the County to take any other action permitted by law;

(3) A violation of an administrative hearing decision or court order following a determination that a dog is potentially dangerous, may result in the filing of an action to determine if the dog is vicious under Section 5-3.12.03.

(Ord. No. 14-02, § I, 1-21-2014)

If there are no additional instances of the behavior described in Section 5-3.12.02 within a thirty-six-month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the thirty-six-month period if the owner or custodian of the dog demonstrates to the Department that changes in circumstances or measures taken by the owner or custodian, such as the training of the dog, have mitigated the risk to the public safety.

(Ord. No. 14-02, § I, 1-21-2014)

(a) No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time of the injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog.

(b) No dog may be declared potentially dangerous or vicious 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 custodian, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(Ord. No. 14-02, § I, 1-21-2014)

In addition to the conditions and restrictions imposed on the ownership of potentially dangerous and vicious dogs set forth in this chapter, an owner or custodian of a dog who permits, allows or causes a dog to run, stray or be uncontrolled or at large upon a public street, sidewalk, park or other public property, or in or upon the private property of another person, not withstanding any provisions of this County Code to the contrary is guilty of a public offense punishable as an infraction, by a fine not exceeding One Thousand and no/100ths ($1,000.00) per violation or condition, or a misdemeanor if such dog bites, attacks or causes injury to any person or to a domestic animal or livestock.

(Ord. No. 14-02, § I, 1-21-2014)