Tehama County Municipal Code Ch. 7.30 Potentially Dangerous and Vicious Dogs

As used in this chapter, "director" shall mean the director of animal regulation and "division" shall mean the Division of animal regulation, unless the provision or context requires otherwise.

(Ord. 1875 § 28, 2006)

The purpose of this chapter is to establish a program for the control of potentially dangerous and vicious dogs within the unincorporated area of the county that incorporates Chapter 9 (commencing with Section 31601) of Division 14 of the Food and Agricultural Code. This chapter does not apply to humane society shelters, the county animal shelter, or veterinarians, or to dogs while utilized by any police department or any law enforcement officer in the performance of police work.

(Ord. 1633 § 9(part), 1994)

(Ord. No. 2144, §§ 9, 10, 12-17-2024)

If an animal regulation 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 shall petition the superior court pursuant to Food and Agriculture Code Section 31621. The matter shall be heard and decided by the court. The court may decide all issues for or against the owner or keeper of the dog even if the owner or keeper fails to appear at the hearing.

(Ord. 1798 § 2(part), 2003)

After a hearing conducted pursuant to Section 7.30.020, the superior court shall notify the owner or keeper of the dog of the court's decision pursuant to Food and Agriculture Code Section 31622. The owner or keeper of the dog may appeal the decision as set forth in Section 31622. The court hearing the appeal may decide all issues for or against the owner or keeper of the dog even if the owner or keeper fails to appear at the hearing.

(Ord. 1798 § 2(part), 2003)

A. If upon investigation it is determined by an animal regulation officer that probable cause exists to believe a dog is potentially dangerous or vicious and poses an immediate threat to public safety, then the officer may seize and impound the dog pending the hearings to be held pursuant to this chapter. The owner of the dog shall be liable to the division for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious.

B. When a dog has been impounded pursuant to subsection A of this section and it is not contrary to public safety, the director shall permit the dog to be confined at the owner's expense in a commercial kennel or veterinary facility approved by the director.

(Ord. 1633 § 9(part), 1994)

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 wilful trespass or other tort upon premises occupied by the owner 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 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 property of, or under the control of, its owner, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(Ord. 1633 § 9(part), 1994)

A. A dog determined to be a potentially dangerous dog, either after the owner of the dog has agreed to the designation or the court has determined the designation applies to the dog, shall be placed on a list of potentially dangerous dogs by the director of animal services and shall be maintained by the owner as follows:

1. A potentially dangerous dog shall be properly licensed and vaccinated. The director of animal services shall include the potentially dangerous designation in the registration records of the dog and shall charge a potentially dangerous dog fee, the amount of which shall be established pursuant to Section 7.08.105 in addition to the required license fee.

2. A potentially dangerous dog, while on the owner's premises, shall at all times be kept indoors, or in a secure enclosure. A potentially dangerous dog may be off the owner's premises only if it is restrained by a substantial leash not exceeding six feet in length and it is under the control of a responsible adult.

3. If a potentially dangerous dog dies, or is sold, transferred or permanently removed from the unincorporated area of the county, the owner shall notify the director of animal services of the changed conditions and new location of the dog in writing within two working days after such change.

B. If there are not additional instances of the behavior described under "potentially dangerous dog" in Section 7.04.050 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 by the director of animal services. 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 of the dog demonstrates to the satisfaction of the director of animal services, with the concurrence of the director of animal regulation, that changes in circumstances or measures taken by such owner, such as training of the dog, have mitigated the risk to public safety.

(Ord. 1875 § 30, 2006)

A. A dog determined to be a vicious dog may be humanely destroyed by the division when it is found, after proceedings conducted pursuant to this chapter, that the release of the dog would create a significant threat to the public health, safety and welfare.

B. If it is determined that a dog found to be vicious shall not be destroyed, the court shall impose conditions upon the ownership of the dog that protect the public health, safety and welfare, including reserving jurisdiction to order destruction of the dog upon any further violation of this chapter or state law. Any enclosure that is required as a condition of ownership shall be a secure enclosure. A vicious dog shall be properly licensed and vaccinated. The director of animal services shall include the vicious designation in the registration records of the dog and shall charge a vicious dog fee, the amount of which shall be established pursuant to Section 7.08.105 in addition to the required license fee.

(Ord. 1875 § 32, 2006)

The owner of a dog determined to be a vicious dog shall be prohibited from owning, possessing, controlling or having custody of any dog for a period of three years, when it is found, after 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. 1633 § 9(part), 1994)

The owner of any dog which has been judicially or consensually designated as "vicious" or "potentially dangerous," which dog when unprovoked by the victim bites, attacks or inflicts bodily injury to a human being, is guilty of a misdemeanor.

(Ord. 1798 § 2(part), 2003)