Torrance Municipal Code Art. 9 Dogs and Other Dangerous Animals

(Amended by O-3825)

a) No person shall keep, harbor or own any dangerous dog or other dangerous animal within the City, except in accordance with the provisions of this Article 9. A dog or other animal is deemed to be dangerous when unprovoked it causes severe injury.

1. "Severe injury" is defined as 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.

(Amended by O-3825)

a) Any police officer, Animal Control officer or the Poundmaster shall have the authority to summarily and immediately impound a dog or other animal where there is evidence it has attacked, bitten or to otherwise have injured any person or other domestic or farm animal.

b) Any of such officials may enter and inspect private property to enforce the provisions of this Article.

c) Any person keeping or harboring such dog or other animal subject to being impounded who fails to surrender such animal to such official upon demand shall be guilty of a misdemeanor.

d) If such dog or other dangerous animal cannot be safely taken up and impounded, it may be destroyed forthwith by such police or Animal Control officer.

(Amended by O-3825)

a) In lieu of impound, any police or Animal Control officer or the Poundmaster may permit the dog or other animal to be confined at the owner’s or custodian’s expense in an approved dog kennel or veterinary facility or at the owner’s or custodian’s residence, provided that the owner or custodian:

1. Shall not remove the dog or other animal from the kennel, veterinary facility or residence without the prior written approval of Animal Control or the Poundmaster; and

2. Shall make the dog or other animal available for observation and inspection by Animal Control, the Poundmaster, and law enforcement personnel.

b) Animal Control or the Poundmaster may have a dog or other animal impounded or confined, as provided in Sections 41.9.2 and 41.9.3, permanently identified by means of photo and other identification prior to release from impound or confinement.

(Amended by O-3825)

Any authority or duties of the Poundmaster or Animal Control set forth in this Article 9 may be delegated to employees and assistants of the Poundmaster or Animal Control, as the case may be.

(Amended by O-3825)

a) The City Manager or his/her designee shall act as a neutral hearing officer and conduct a hearing to determine whether or not a dog or other animal confined or impounded pursuant to Section 41.9.2 or 41.9.3 is a dangerous or potentially dangerous animal.

b) Determination of potentially dangerous status shall be based on the definitions below and the evidence listed in Section 41.9.9. Determination of dangerous status shall be based on the definition set forth in Section 41.9.1.

1. A dog or other animal is deemed to be potentially dangerous when it:

A) On two (2) separate occasions within the prior thirty-six (36) month period engaged in any unprovoked behavior that requires a defensive action by a person to prevent bodily injury to a person, domestic animal or farm animal off the property of the owner or custodian of the dog;

B) Unprovoked, bit a person or otherwise engaged in aggressive behavior causing a less severe injury than that defined in Section 41.9.1;

C) Unprovoked, killed, seriously bit, inflicted injury or otherwise caused injury to a domestic animal or farm animal off the property of the owner or custodian of the dog.

(Amended by O-3825)

a) Animal Control shall commence a hearing by issuing to and serving a written notice upon the owner of the dog or other animal. Notice shall be served at least ten (10) days prior to the date set for the hearing. The notice shall state in clear and concise language:

1. The purpose and reason for holding the hearing; and

2. The time and place where the hearing is to be held.

b) Any written notice provided for in this Section shall be served upon the owner of the dog or other animal by personal service, posting or certified mail, or a combination of the above. Service by posting is complete upon posting.

c) Animal Control may continue the hearing from time to time upon good cause being shown.

(Amended by O-3825)

Animal Control is authorized and empowered to summon witnesses for the hearing by requesting the City Clerk to issue subpoenas requiring the attendance of such witnesses at the time and place specified. Such subpoenas shall be signed by the Mayor and attested by the City Clerk prior to issuance.

(Amended by O-3825)

At the hearing, the owner of the dog or other animal, the complainant or complainants, if any, and Animal Control shall be given an opportunity to present evidence, and call and cross-examine witnesses.

(Amended by O-3825)

a) Hearings will be conducted in an informal manner. The formal rules of evidence shall not apply.

b) In making a determination that a dog or other animal is or is not dangerous or potentially dangerous, evidence of the following may be considered:

1. Any previous history of the dog or other animal attacking, biting or causing injury to a person or other domestic or farm animal;

2. The nature and extent of injuries inflicted and the number of victims involved;

3. The place where the bite, attack or injury occurred;

4. The presence or absence of any provocation for the bite, attack or injury;

5. The extent to which property has been damaged or destroyed;

6. Whether the dog or other animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;

7. Whether the dog or other animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals;

8. Whether the dog or other animal can be effectively trained or retrained to change its temperament or behavior;

9. The manner in which the dog or other animal had been maintained by its owner or custodian;

10. Any other relevant evidence concerning the maintenance of the dog or other animal;

11. Any other relevant evidence regarding the ability of the owner or keeper or the City government to protect the public safety in the future if the dog or other animal is permitted to remain in the City.

A recording or transcript of the hearing shall be taken.

(Amended by O-3825)

The Hearing Officer shall issue findings after the hearing. The findings shall contain a summary of the evidence, including oral testimony, and shall state the Hearing Officer’s findings and recommendation. Findings must be based upon definitions listed in Sections 41.9.1 and 41.9.5 as well as evidence listed under Section 41.9.9(1) through 41.9.9(11). The findings shall be a public record and shall be served upon the owner of the dog or animal in accordance with the provisions of Section 41.9.6.

(Amended by O-3825)

a) It is unlawful for any person to own, possess, harbor or keep any dog or other animal declared by the Hearing Officer, after a hearing, to be dangerous.

b) Any dog or other animal declared by the Hearing Officer to be dangerous, if not already impounded by the City, shall be immediately surrendered to the Poundmaster to be taken up and impounded.

c) Any dog or other animal declared to be a dangerous animal shall be humanely destroyed. Animal Control shall sign an order authorizing the destruction of the dog or other animal no earlier than five (5) days following the determination of the Hearing Officer that the animal is dangerous; provided, however, that if the owner or custodian of the animal within such five (5) day period files a notice of appeal of such determination with the City Clerk, pays the filing fee therefor, and, if the animal has been impounded, pays to the Poundmaster the accrued and estimated cost of impoundment pending the decision on appeal of the Environmental Quality Commission, not to exceed Two Hundred Dollars ($200.00), then the order of destruction shall not be issued until at least three (3) days following an affirmance by the Commission of the determination of the Hearing Officer that the animal is dangerous.

(Amended by O-3825)

If it is determined by the Hearing Officer that the dog or other animal is not dangerous or potentially dangerous, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, the dog license or animal permit may be revoked by Animal Control if it is determined that the owner or custodian is unable or unwilling to properly train, handle or maintain the dog or other animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance.

(Amended by O-3825)

a) In the event of such a determination that a dog or animal is not dangerous or potentially dangerous due to or as a result of negligent training, handling or maintenance, in lieu of license revocation, Animal Control may reissue the license with protective conditions if Animal Control determines that the owner or custodian is able to properly train, handle and maintain the dog or other animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance.

b) In such event, the license shall be subject to such reasonable terms, conditions and restrictions as shall be imposed for the training, handling and maintenance of the dog which Animal Control determines are necessary to protect the public health, safety and welfare, including but not limited to the following:

1. To keep the animal confined in its premises in an enclosure approved by Animal Control;

2. To keep the animal securely muzzled, leashed and under the control of a person eighteen (18) years of age or older, who is physically capable of restraining the animal when it is not contained in a secure pen;

3. To immediately inform any city, county, postal service, utility company employee and anyone else who comes onto the property with implied consent, or peaceably and lawfully, of the animal’s dangerousness and to inform applicable public agencies again if the animal is moved to another location.

(Amended by O-3825)

If a dog or other animal has been impounded or confined pursuant to Section 41.9.2 or 41.9.3 and its license or permit has been revoked pursuant to Section 41.9.13 and the owner or custodian wishes to reclaim and remove it from the City, the Poundmaster shall release it; provided, that the dog or other animal is taken to its new location immediately and directly upon its release from impound or confinement. Failure to remove the dog or other animal immediately and directly from the City upon release from impound or confinement is a misdemeanor.

(Amended by O-3825)

a) Any dog or other animal which has previously been impounded or otherwise confined and which has not been claimed within five (5) calendar days of service of a notice of revocation of its license or permit shall be deemed abandoned and shall be disposed of by the Poundmaster in accordance with this Article.

b) Notwithstanding subsection (a) of this Section, the owner may enter into a written agreement with Animal Control to take additional time to remove, or to cause the dog or other animal to be removed, to a new location outside the City. Such additional time shall not exceed ten (10) days. For each additional day agreed to, the pound fees shall be paid prior to the release of the dog or other animal.

(Amended by O-3825)

A dog or other animal, impounded pursuant to the authority of this Article, shall be returned to the owner or custodian as provided in Article 2 of this Chapter (Section 41.2.1 et seq.) or when it is no longer required as evidence, or if a notice of a hearing pursuant to Section 41.9.6 to declare the dog or other animal a dangerous or potentially dangerous animal has not been served on the owner or custodian within ten (10) days after the impoundment, or if it is not to be disposed of in accordance with the other provisions of this Article.

(Amended by O-3825)

Any dog or other animal impounded or confined in accordance with the provisions of this Article shall be permanently identified by the Poundmaster by the use of photographs or permanent markings, or both, prior to its release from impound or confinement.

(Amended by O-3825)

The determination of a Hearing Officer that a dog or other animal is a dangerous or potentially dangerous animal pursuant to the provisions of Section 41.9.5 or to revoke a license pursuant to the provisions of Section 41.9.13 or to reissue a license pursuant to the provisions of Section 41.9.14 may be appealed by any interested person to the Environmental Quality Commission in accordance with the provisions of Article 5, Chapter 1 of Division 1 of this Code (Section 11.5.1 et seq.), subject to the provisions of this Article; however, the decision of the Environmental Quality Commission shall be appealable to the City Council.