Twentynine Palms Municipal Code Ch. 8.08 Potentially Dangerous and Vicious Animals

The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a) "Potentially dangerous animal or behavior" means any of the following:

(1) Any animal which, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury;

(2) Any animal which, when unprovoked, bites a person causing a less severe injury than as defined in subsection (c) herein; or

(3) Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

(b) "Vicious dog" means any of the following:

(1) Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code;

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

(3) Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the potentially dangerous behavior or maintained in violation of this Chapter.

(c) "Severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

(d) "Enclosure" means a fence, pen or structure suitable to securely and humanely prevent the animal from escaping or the entry of unauthorized persons. The pen or structure shall have secure sides and a secure top which protects the animal from the elements. All sides must be embedded into the ground no less than two feet (2′) unless the bottom is adequately secured to the sides. The enclosure shall not be less than five feet × ten feet (5′ × 10′) and not less than six feet (6′) high and shall be kept in a clean and sanitary condition.

(e) "Animal Control Department or Director" means the City Animal Control Department or the Director or his or her designee.

(f) "Impounded" means taken into the custody of the Animal Control Department where the potentially dangerous or vicious dog is found.

(g) "Mitigations" shall be a factor in consideration of whether an animal is potentially dangerous or vicious, but will be weighed with other circumstances in the making of that determination, including, but not limited to, circumstances such as the nature of the trespass, the age of the trespasser or teaser, and the training of the animal in the use of deadly force. Mitigation shall not be considered if the animal has been trained to attack in a manner which would violate any other provision of law.

The following circumstances shall be deemed to be "mitigations."

(1) If threat, injury, or damage is sustained by a person who, at the time was:

(A) Willfully trespassing upon the premises occupied by the owner or custodian of the animal;

(B) Teasing, provoking, tormenting, abusing, or assaulting the animal or has in the past, teased, tormented, abused, or assaulted the animal; or

(C) Engaged in the commission of a crime.

(2) If the animal acts to defend an attack from a person or other animal.

(h) "Owner" means a person who possesses, harbors or keeps or has in his custody, care, charge or control any "potentially dangerous animal" or "vicious dog" as those terms are defined in this Chapter.

(89-68 §2)

(a) This Chapter does not apply to licensed kennels, humane society shelters, animal control facilities, or veterinarians.

(b) This Chapter does not apply to dogs while utilized by any Police Department or any Law Enforcement Officer in the performance of police work.

(89-68 §3)

An animal may be determined to be a potentially dangerous animal in the following way:

(a) Upon observation or independent investigation of a potentially dangerous animal or behavior or upon receipt of a complaint(s) signed by a person(s) who actually observed the animal's potentially dangerous behavior, the Director shall determine any mitigations and whether such behavior by the animal constitutes potentially dangerous behavior.

(b) If the Director determines that such behavior is potentially dangerous, he shall schedule a hearing on that determination and shall provide notice to the owner of such behavior and of the hearing date. The hearing shall be held within fifteen (15) days of the date of the notice.

If the Director has been required to seize the animal because its behavior constitutes a threat to public health and safety, as set out in Section 8.08.070, the hearing shall be noticed and held as soon as possible thereafter.

(c) The Director shall deliver the notice personally or by first-class mail, postage prepaid, return receipt requested. The notice shall advise the owner of the consequences of identification of the animal as "potentially dangerous."

(d) The Director may designate a Hearing Officer who shall be a Code Enforcement Officer or city official not involved in this complaint.

(e) At least one of the complainants in the matter must appear and testify at the hearing or the complaint shall be dismissed.

(f) The Hearing Officer shall consider all relevant responsible evidence without regard to the formal rules of evidence, including circumstances of mitigation and the record of any prior violations by the owner.

(g) The Hearing Officer shall issue a written determination within seven (7) days after the hearing is completed.

(h) The decision of the Hearing Officer may be appealed to the Planning Commission in writing within ten (10) days after the hearing officer's determination.

(i) The Planning Commission shall conduct a public hearing within thirty (30) days of receipt of the appeal and shall notify the Appellant as set out in Subsection (c) herein fifteen (15) days before the hearing. The Planning Commission hearing shall follow the same procedures as set out in Subsections (f) and (g) herein. The decision of the Planning Commission shall be final.

(j) The owner may waive his or her right to a hearing in writing and may agree to comply with the requirements of this Chapter.

(89-68 §4)

(a) A potentially dangerous animal shall be so designated in City animal control records.

(b) Where the owner of the animal has no additional violations of these Sections within a twelve (12) month period from the date of designation as a "Potentially Dangerous" animal, as indicated on the records of any appropriate agency, the Director shall remove the animal from the list of "Potentially Dangerous" animals, upon written application of the owner and upon proof of the successful completion of at least eight (8) weeks of formal obedience training, other similar evidence of training, or other rehabilitative efforts.

(c) All potentially dangerous animals shall be properly licensed and vaccinated. The licensing authority shall include the "Potentially Dangerous" designation in the registration records of the animal. The owner shall pay an annual "Potentially Dangerous Animal Registration Fee" in addition to the regular licensing fee in an amount to be determined by resolution of the City Council.

(d) A potentially dangerous animal, while on the owner's property shall, at all times, be kept indoors, or in a securely fenced, locked yard from which the animal cannot escape, and into which children cannot enter. A potentially dangerous animal may be off the owner's premises only if it is restrained by a substantial chain or leash, and under the control of a responsible adult.

(e) The owner of a "Potentially Dangerous" animal shall notify the Director, in writing, if the animal dies or is sold, transferred, or permanently removed from the City.

(89-68 §5)

An animal may be identified as "vicious" in the following manner:

(a) The Director may determine, based on his or her observation or investigation, or a verified complaint from persons who have observed the animal and consideration of any applicable mitigations, that the animal is vicious. Where the animal has been identified as potentially dangerous, and the owner has failed to meet any of the requirements of this Chapter, the Director shall determine that the animal is vicious upon a subsequent complaint or his or her observation.

(b) Where the Director makes such a determination, he or she shall set a hearing on such determination and on the seizure and impoundment of the animal pending or based upon such determination.

(c) The owner shall be given written notice by first class mail, return receipt requested or personal service of the facts which are the basis of the complaint and of the restrictions which will apply to the animal including possible euthanasia if it is classified as a vicious animal.

(d) If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued.

(e) The hearing shall be set not less than fifteen (15) days after the notice was mailed to the owner or the owner was personally served.

Where the Director has been required to seize the animal due to behavior which constitutes a threat to the public health or safety as set out under Section 8.08.070, the hearing shall be noticed and held as soon as possible after the seizure.

(f) The public hearing shall be conducted before the Planning Commission, which shall consider all relevant responsible evidence presented at the hearing. The formal rules of evidence shall not apply. The Planning Commission also shall consider circumstances of mitigation, as well as the owner's and animal's history. If the hearing is held as a result of a complaint, at least one of the complainants shall appear and testify at the hearing or the action shall be dismissed.

(g) The Planning Commission shall make a written determination within fifteen (15) days after the hearing is concluded, unless the animal has been seized, in which case the determination shall be made immediately. The decision of the Planning Commission shall be final.

(89-68 §6)

(a) Where an animal is designated "vicious," the following requirements shall apply:

(1) All vicious animals shall be properly licensed and vaccinated. In addition, the licensing authority shall include a designation of vicious in the registration records of such animal. The owner shall pay an annual "Vicious Animal Registration Fee," in addition to the regular license fee as determined by Resolution of the City Council.

(2) The owner shall, at his or her own expense, have the vicious animal registration number assigned to the animal permanently tattooed upon the animal's left ear or, if the left ear is not available, in the left inner thigh, by a licensed veterinarian or person trained and authorized to do business as a tattooist. In addition, a conspicuously colored tag, provided by the City Animal Control Services shall be securely affixed to the animal.

(3) An owner of a vicious animal shall, within ten (10) days of such determination, present said animal at the City Animal Care and Control Services and allow photographs and measurements of the animal to be taken for purposes of identification.

(4) A vicious animal shall be securely confined in an enclosure as defined in this Chapter or in the dwelling while on the owner's or custodian's property. The owner shall conspicuously display signs with words or symbol warning of the presence of a vicious animal as approved by the Director.

(5) While off of the owner's premises, a vicious animal shall at all times be restrained by a substantial metal or leather chain or leash not exceeding six feet (6′) in length, held by and under the control of a responsible adult, and the animal shall wear a muzzle approved by the City Animal Control Services.

(6) A vicious dog also shall be spayed or neutered, at the owner's expense, within thirty (30) days of such determination.

(b) Inspection. The Director is authorized to make inspections he/she deems reasonably necessary to ensure compliance with these provisions.

(c) Notification of Change of Status. The owner of a vicious animal shall notify the City immediately if said animal is loose, unconfined, has attacked another animal or human being, or has died. A vicious animal shall not be sold, bartered, or given away, or placed in a new home without prior notification of and approval by the City Animal Control Services. Any new owner must comply with the requirements of this Section.

(d) Time Limit to Meet Requirements; Euthanasia. All requirements for owners of vicious animals must be satisfied within thirty (30) days of the identification and satisfactory proof of compliance provided to the City Animal Control Services. If all requirements for vicious animals are not satisfied within sixty (60) days of the finding, or within an extension of such time granted by the Director in writing, or the owner is unwilling to implement them, the animal shall be humanely euthanized either by the City Animal Control Services or by a licensed veterinarian. Proof of euthanasia shall be provided to the Director within three (3) days of its occurrence.

(89-68 §7)

(a) If the Director has probable cause to believe a dog may be designated as "potentially dangerous" or "vicious" under this Chapter, and the owner is unwilling or unable to correct the situation immediately, and the animal poses an imminent threat to the health or safety of persons or domestic animals, the animal may be seized before a hearing.

Pending the outcome of the hearing or appeal set out in this Chapter or during the period of time the owner requires to comply with any requirements imposed hereunder, the animal shall be kept at an appropriate animal shelter, designated by the City or at the owner's expense. Notwithstanding, the owner may show at the hearing to the satisfaction of the Director that the animal can be humanely and securely confined at home or with a veterinarian designated by the owner.

(b) Any registered vicious animal shall be immediately impounded by the City Animal Control if:

(1) The animal's registration is not properly maintained;

(2) Inspection by the Director reveals that the animal is not maintained in the required enclosure;

(3) The animal is outside of the dwelling of the owner or the defined enclosure and not under the physical restraint control of a responsible adult; or

(4) Even if the owner is in compliance with the regulations for keeping such a dangerous animal, if the animal again attacks, bites, causes injury, or otherwise threatens the safety of a human being or domestic animal then, thereafter, the animal may be impounded and shall be kept at an appropriate facility designated by the City at owner's expense pending the outcome of a hearing and appeal, conducted in accordance with Section 8.08.050 hereof to determine whether the animal is a threat to the public health and safety and must be humanely euthanized or whether the animal can be returned to the owner under certain conditions.

(c) A keeping charge set by Resolution may be assessed against the owner of any animal for each day during which the animal is impounded or held by the Director under the provisions of this Section. An animal held under the provisions of this Section shall not be released until the owner pays all charges due. If the owner refuses to pay such charges, the animal shall be treated as unredeemed by the owner, and disposed of. Disposal of the animal does not release the owner from his/her responsibility to pay the keeping charges.

(89-68 §8)

The City Council may by resolution determine and set the fees imposed under this Chapter.

(89-68 §9)

Any person violating any of the provisions of this Chapter is guilty of a misdemeanor.

(89-68 §10)

The provisions of Section 32.0110 are repealed in their entirety.

(89-68 §11)