Sonoma Municipal Code Ch. 8.12 Potentially Dangerous and Vicious Dogs

The keeping of a dog defined as potentially dangerous or vicious under this chapter shall be declared a public nuisance and shall be abated in accordance with the provisions of this chapter. The procedure for abatement set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other ordinances or abating public nuisances in any other manner provided by law or under this chapter. Furthermore, this chapter shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance any dog that is dangerous. Pursuant to California Food and Agricultural Code Section 31683, the city is granted the authority to adopt its own program for the control of potentially dangerous or vicious dogs. (Ord. 05-2012 § 2, 2012).

This chapter does not apply to kennels, humane society or other shelters, the animal shelter, or veterinarians, or to police dogs while utilized by the sheriff, any police department or any law enforcement officer in the performance of police work. (Ord. 05-2012 § 2, 2012).

A. An animal care and control officer shall investigate any reported incident or complaint regarding a potentially dangerous or vicious dog.

B. During the investigation, the animal care and control officer shall compose a report to be permanently retained pursuant to adopted procedures. The animal care and control officer shall make his best efforts to take a photograph of the dog to include with the report.

C. The animal care and control officer shall append to the report the statements of witnesses, victims and the dog owner. Such statements shall be signed under penalty of perjury.

D. If, after conducting an investigation, the animal care and control officer determines that probable cause exists to believe that the dog is potentially dangerous or vicious, the animal care and control officer shall prepare a petition and request an administrative hearing to determine whether the animal is potentially dangerous or vicious.

E. If the animal care and control officer determines that probable cause exists that the dog is a potentially dangerous or vicious dog, the animal care and control officer may impose reasonable conditions to protect the public health, safety and welfare upon the animal owner pending an administrative hearing held in accordance with SMC 8.12.040. These conditions shall be in the form of a provisional abatement order and may include any reasonable conditions, including those contained in SMC 8.12.050. Notice of the provisional abatement order shall be provided by the animal care and control officer pursuant to SMC 8.04.020.

F. Within 30 days of receipt of the provisional abatement order, an administrative hearing pursuant to SMC 8.12.040 shall be held to determine whether the dog is potentially dangerous or vicious. If the dog owner fails to appear at the administrative hearing or waives his/her right to the administrative hearing then the provisional abatement shall remain in effect.

G. Pending a hearing pursuant to SMC 8.12.040, the animal care and control officer shall also immediately impound any dog found to present an imminent threat to the public health, safety and welfare. (Ord. 05-2012 § 2, 2012).

A. Pursuant to SMC 8.12.030, where the animal care and control officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the animal care and control officer shall file a petition and request an administrative hearing by the animal hearing officer for the purpose of determining whether the dog should be declared potentially dangerous or vicious. A complaint from any member of the public furnishing the basis for the animal care and control officer’s probable cause determination shall be sworn to and verified by the complainant and attached to the petition.

B. The animal hearing officer shall notify the owner of the dog that a hearing will be held, at which time the animal care and control officer and the dog owner may present evidence as to whether the dog should be declared potentially dangerous or vicious. The notice, together with a copy of the petition, shall be provided pursuant to SMC 8.04.020. The hearing shall be held promptly within no less than 10 business days or more than 30 business days after service of the notice and petition on the owner of the dog.

C. The animal hearing officer shall conduct the hearing in an informal manner and shall afford the owner of the animal an opportunity to present evidence as to why the dog shall not be declared potentially dangerous or vicious. The formal rules of evidence need not be applied. The animal hearing officer may admit into evidence all relevant evidence, including incident reports and the affidavits or declarations of witnesses; limit the scope of discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing when not testifying; exclude disorderly or disruptive persons from the hearing; and make other orders necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be open to the public.

D. The proceedings of the hearing may be electronically recorded if ordered by the animal hearing officer or requested by the owner of the dog. A stenographic reporter shall also record the proceedings if ordered by the animal hearing officer or requested by the owner and the cost of such service shall be borne by the requestor. A copy of the electronic recording or transcript of the proceedings shall be made available to any person upon request and upon payment of the cost of preparation thereof.

E. The animal hearing officer may decide all issues for or against the owner of the dog even if the owner fails to appear at the hearing.

F. After the hearing, the animal hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious. The hearing officer may order the abatement of the nuisance created by the potentially dangerous or vicious dog by imposing some or all of the abatement conditions found in SMC 8.12.050 for the continued ownership of the animal. The abatement order shall replace any provisional abatement order issued by an animal care and control officer unless the abatement order is stayed by judicial action or pending judicial review. Within 15 days of the hearing, the determination and abatement order shall be served upon the dog owner pursuant to SMC 8.04.020. The determination order of the animal hearing officer shall be final and appealable in accordance with the provisions of Section 31622 of the Food and Agricultural Code within 10 business days of the date of mailing or personal service of the decision.

G. If, following the hearing, the subject dog is determined by a preponderance of the evidence to be vicious and, if released to the owner, even where reasonable abatement conditions were imposed, would create a significant threat to the public health, safety, or welfare, the hearing officer may order that the dog be humanely euthanized as permitted under California Food and Agricultural Code Section 31645 or its successor provisions. The order shall specify the effective date of euthanasia which shall allow sufficient time for: (1) the notice of the order to be served pursuant to subsection (I) of this section and the 10 business days’ appeal period pursuant to subsection (F) of this section to run prior to euthanasia occurring; and/or (2) to permit the owner time to locate a licensed and insured sanctuary specializing in confining and caring for vicious dogs unable to be safely maintained in society, willing and able to accept ownership, custody and responsibility for the dog with safe transport expenses, if any, to be borne by the owner. If the dog is placed in sanctuary, the order of euthanasia will be suspended, subject to reinstatement if the dog returns to the jurisdiction.

H. A rebuttable presumption that a dog creates a significant threat to the public health, safety and welfare exists where:

1. The dog has committed an act resulting in the death of a person, regardless of the circumstances involved;

2. The dog has committed acts on two separate occasions, without provocation, which have resulted in the death of another animal or livestock occurring off the property of the dog’s owner;

3. The dog has committed acts on three separate occasions, without provocation, that result in nonsevere injuries to any one or more persons at a location where such persons are acting lawfully;

4. The dog has attacked on three separate occasions, without provocation, another animal or livestock off the property of the owner of the attacking dog;

5. The owner of a dog previously deemed vicious fails, refuses or is incapable of complying with the terms of an abatement order issued pursuant to this chapter;

6. The animal has been previously found vicious and subsequently exhibits any of the behaviors listed as determinative of potentially dangerous or vicious under SMC 8.02.040;

7. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict other remedies.

I. Within 10 days of the hearing, notice of the order of humane euthanization shall be served upon the owner pursuant to SMC 8.04.020.

J. An order made by the hearing officer to humanely euthanize an animal shall be final unless an appeal is made to a court of competent jurisdiction pursuant to Section 31622 of the Food and Agricultural Code. (Ord. 05-2012 § 2, 2012).

A. Pursuant to SMC 8.12.040, the owner of a dog determined to be potentially dangerous or vicious by the hearing officer shall be required to comply with the abatement order of the animal hearing officer which contains any or all of the following conditions:

1. To immediately register the dog that is found to be potentially dangerous or vicious with the animal care and control officer; to comply with the animal care and control officer’s requirements for potentially dangerous or vicious dogs; and to keep such dog properly vaccinated at all times. Should the dog die in any 12-month term, the owner shall notify the animal care and control officer of the death within five working days of the death;

2. To keep the dog securely confined on its premises in a locked enclosure approved by the animal hearing officer or the animal care and control officer from which the dog cannot escape and into which children cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine a potentially dangerous or vicious dog must be locked with a key or combination lock when such dogs are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house a dangerous animal must comply with all zoning and building regulations of the city. All such structures must be adequately lighted, ventilated, and kept in a clean and sanitary condition with access to potable food and water;

3. To keep the dog securely muzzled, restrained by a substantial leash of no longer than six feet in length and under the control of a responsible person 18 years of age or older who is physically capable of restraining the dog when the dog is not contained in a locked, secure enclosure;

4. To have the animal spayed or neutered by a licensed veterinarian and to present proof to the animal care and control officer;

5. To provide and maintain financial responsibility for injuries to the public by obtaining and showing proof of liability insurance in the form and amount deemed to be acceptable by the animal hearing officer or city attorney in light of all the circumstances. Such insurance policy shall provide that no cancellation of the policy will be made unless 10 days’ written notice is first given to animal services and the city clerk’s office;

6. The posting of a bond or other proof of ability to pay a damage award in the amount of $50,000;

7. To immediately inform any city, county, postmaster or utility company meter readers and anyone else that lawfully comes onto the property of the dog’s dangerousness and to inform animal care and control and/or the chief of police if the dog is moved to another location inside or outside the city limits as provided by this chapter;

8. To display in a prominent place on the premises a sign easily readable by the public using the words “Beware of Dog” in letters at least three inches high;

9. To have a microchip implanted into the dog by a veterinarian or other qualified animal services professional for identification purposes. The identifying information listed on the microchip shall be noted in the licensing files for that dog;

10. To consent and agree to the entry upon the premises by any police officer or animal care and control officer for the purpose of inspecting the dog and/or premises at any time;

11. To make reasonable payment of costs incurred by the city and animal care and control agent in the hearing process, not to exceed $1,000;

12. To take any other steps deemed reasonably necessary to prevent injuries to the public.

13. Euthanization of the animal designated a vicious dog and ordered to be euthanized pursuant to SMC 8.12.040.

B. The owner of the dog shall comply with the conditions imposed by the hearing officer within 30 days of the order. All owners of potentially dangerous or vicious dogs must within 10 days of the effective date of the abatement order provide the animal care and control officer with two photographs (which may be in digital format) of the registered dog clearly showing the color and approximate size of the dog and any distinguishing markings. (Ord. 05-2012 § 2, 2012).

A. It is unlawful for the owner of a dog deemed potentially dangerous or vicious under this chapter to fail to comply with conditions set forth in an abatement order. Any dog found to be the subject of a violation of an order shall be subject to immediate seizure and impoundment. The animal hearing officer shall notify the dog owner of the city’s options to dispose of the dog for a failure to comply with the conditions contained in the potentially dangerous or vicious dog order. The city’s options for disposal of the potentially dangerous or vicious dog if the owner does not satisfy either of the requirements in subsection (B) of this section shall include: (1) sanctuary as provided by SMC 8.12.040(G); (2) owner’s sale or transfer of ownership of the dog subject to city’s approval; (3) release to a recognized nonprofit agency or other governmental organization as provided by SMC 8.14.100; and, if no other options are available, (4) euthanization.

B. The animal hearing officer shall provide written notice to the owner pursuant to SMC 8.04.020 that the city may avail itself of any of the options set forth by subsection (A) of this section, unless within 14 days from the date of notice:

1. The owner has demonstrated to the satisfaction of the animal hearing officer that the owner has fully complied with the requirements and conditions set forth in the abatement order; or

2. The owner has filed in a court of competent jurisdiction a petition that seeks to stay the euthanization of the animal and has served a copy of such petition upon the animal hearing officer.

C. If, after 14 days from the date of such notice, the owner has not complied with the provisions of subsection (B)(1) or (2) of this section, the hearing officer may, without further notice or process, make an order that includes any one or more of the options set forth by subsection (A) of this section. (Ord. 05-2012 § 2, 2012).

A. No person shall sell or otherwise transfer ownership or custody or in any other way dispose of a dog deemed potentially dangerous or vicious under this chapter to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the owner of such dog.

B. The owner of a dog that has been deemed potentially dangerous under this chapter may sell, transfer, or otherwise dispose of such dog or the offspring thereof to persons who do not reside within the city, provided the owner first notifies the animal hearing officer and the animal care and control officer of the proposed sale or transfer. Such notice shall be given not less than 15 days in advance of the sale or transfer and shall specify the name and address of the recipient person. Upon receipt of such notice, the hearing officer or the animal care and control officer may notify the recipient person and the governmental jurisdiction in which the recipient person is located or resides that the dog in question has been adjudicated as potentially dangerous under this chapter. Failure to comply with these notification provisions shall be grounds for immediate impoundment of the dog by the animal care and control officer.

C. It shall be unlawful for a person to possess, own or control any dog for the purpose of either temporary or permanent care in the city limits that has been deemed by another governmental jurisdiction to be potentially dangerous, dangerous, vicious, or a threat to the safety of human beings or domestic animals. The animal care and control officer may order the person having possession, ownership or control of the dog to remove the dog immediately from the city. Should such person fail to comply with the animal care and control officer’s order, the animal care and control officer may summarily and immediately impound the dog. The owner of the dog shall be liable for the costs and expenses of impounding and keeping the dog including any necessary veterinary fees. Such impounded dog may then be disposed of in accordance with the provisions of this chapter. (Ord. 05-2012 § 2, 2012).

The owner of a dog determined to be a vicious dog shall be prohibited from owning, possessing, controlling, or having custody of any dog of the same or similar breed for a period of three years, when it is found, after hearing proceedings conducted pursuant to this chapter, that ownership or possession of a dog by that person would create a significant threat to the public health, safety and welfare. (Ord. 05-2012 § 2, 2012).

No minor shall own or at any time have sole custody or control of any dog found to be potentially dangerous or vicious pursuant to this chapter. (Ord. 05-2012 § 2, 2012).

A. Unless otherwise specified, any violation of this chapter shall be a misdemeanor.

B. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The city may, in its discretion, elect to pursue any one or more of the penalties or remedies provided for herein or at law or in equity.

C. Notwithstanding the preceding, the animal care and control officer may settle any matter scheduled for a hearing at any time prior to the hearing by written agreement with the applicant, license holder, or owner of the animal, as the case may be. In the event of a settlement, the executed agreement shall become the decision of the animal hearing officer and shall be mailed pursuant to SMC 8.04.020. (Ord. 05-2012 § 2, 2012).