Taft Municipal Code Ch. 2.5 Vicious Dogs

VICIOUS DOG: Any dog with a propensity, tendency, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of humans or domestic animals; any dog known to have bitten any person or domestic animal without provocation; any dog which, because of temperament, conditioning, or training, has a known propensity to attack, bite or injure human beings or domestic animals; any dog which endangers the health and safety of any person or domestic animal. (Ord. 693-02, 6-4-2002)

(A) No person shall own, harbor, care for, or control a vicious dog within the city until such dog has been registered at the Taft police department on such form(s) as prescribed by the chief of police. Said form shall require the following information: name, address, and telephone number of the dog's owner; the address where said dog is harbored, if different from owner's address; dog's sex, color, and other distinguishing physical characteristics of the dog, city license tag number, as well as proof of current rabies vaccination, and proof of spay/neuter of the animal. Persons owning, harboring, caring for or controlling a vicious dog upon the effective date hereof, shall register such dog as required in this section within sixty (60) days of the effective date hereof. There shall be no fee for such registration.

(B) No person owning or harboring or having the care or custody of a vicious dog shall permit such dog to go unconfined on the premises of such person. A 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 (6') 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 (1').

(C) No person owning or harboring or having the care of a 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 (300) pounds and not exceeding three feet (3') 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 or attempt to buy within the city any vicious dog.

(F) In the event that a law enforcement officer or animal control officer of the city has probable cause to believe that a 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 pending the completion of a hearing for the purpose of determining whether the dog is a vicious animal as set forth in section 8-2.5-4 of this chapter. (Ord. 693-02, 6-4-2002)

(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 in violation of this chapter, pending the completion of a hearing for the purpose of determining whether the dog is a vicious animal as set forth in section 8-2.5-4 of this chapter.

(B) Any animal seized and impounded pursuant to this chapter shall be boarded and housed in an animal shelter or other place which the law enforcement officer or animal control officer deems equally secure until such time as the hearing is completed.

(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 same 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. 693-02, 6-4-2002)

(A) The chief of police shall appoint a hearing officer who shall conduct all hearings for the purpose of determining whether a dog is vicious within the provisions of this chapter.

(B) The hearing officer shall provide written notice of the hearing date, time and location at least five (5) days prior to the hearing.

(C) The hearing officer shall provide written notice to the following persons: the person(s) who owns, harbors, cares for or controls the dog, the person identified as the owner on any registration form filed with the Taft police department, any person(s) who allegedly has been bitten or attacked by the dog, the parent(s) or guardian(s) of any minor(s) who allegedly has been bitten or is the victim of such an attack, and the owner(s) of any domestic animal(s) which has allegedly been bitten or attacked by the dog.

(D) At any hearing conducted for the purpose of determining whether a dog is vicious, the owner and any interested person shall be given an opportunity to present any evidence relevant to the issue.

(E) Any dog declared to be a vicious dog may, at the discretion of the hearing officer, be humanely destroyed. Such humane destruction shall occur no earlier than ten (10) days following written notice to the owner of such dog of the intention to destroy the dog.

(F) After the hearing, in the event the hearing officer elects not to destroy the dog, he/she may issue certain rules and regulations pertaining to the keeping and containing of such animal. If such dog is thereafter determined to be in violation of any rule or regulation made pursuant to this section, such dog may be impounded and thereafter subject to summary destruction without additional hearing no earlier than ten (10) days following notice given to the owner of intention to destroy. (Ord. 693-02, 6-4-2002)

(A) Any person who owns, harbors, cares for, or controls a vicious dog in violation of this chapter and who fails to surrender the animal upon demand by the officer shall be guilty of a misdemeanor and subject to a fine of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period of not more than six (6) months, or by both fine and imprisonment, for each violation.

(B) Any person who owns, controls, harbors or who has custody or control of a vicious dog in violation of this chapter, or any person who knowingly permits such animal to violate any rule or regulation set forth pursuant to this chapter shall be guilty of a misdemeanor and subject to a fine of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period of not more than six (6) months, or by both fine and imprisonment, for each violation. (Ord. 694-02, 8-20-2002)

(C) Any person who owns, harbors, cares for, or controls a vicious dog which is impounded pursuant to this chapter shall pay all expenses for boarding, veterinary expenses necessitated by the seizure of any vicious dog for the protection of the public, and such other expenses as may be required for the destruction of such animal.

(D) Any vicious dog which attacks a human or domestic animal may be ordered destroyed when, in a hearing officer's judgment, such vicious dog represents a continuing threat of serious harm to humans or domestic animals.

(E) The provisions of this section shall be in addition to any other procedures, penalties and/or remedies provided in this chapter or otherwise available by law. (Ord. 693-02, 6-4-2002)

(A) If any part of this chapter shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this chapter. (Ord. 693-02, 6-4-2002)