Vallejo Municipal Code Ch. 7.37 Dangerous Dogs

As used in this chapter, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:

A. A "Dangerous dog" means:

1. Any dog which, when unprovoked, inflicts a bite, or attacks a human being or domestic animal, either on public or private property, or in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or

2. Any dog which has a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals; or

3. Any dog which engages in, or is found to have been trained to engage in exhibitions of dog fighting; or

4. Any dog at large found to attack, menace, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any domestic animal or person.

B. "Dangerous dog" does not mean any dog in a situation in which it is shown that the person or domestic animal which had been attacked, threatened or menaced had:

1. Provoked, tormented, teased, or abused the dog into the behavior alleged; or

2. Committed a wilful trespass or other tort or crime upon the private property of the owner or person in control of the dog; or

3. Threatened or committed an unprovoked assault or battery against the owner or person in control of the dog.

C. "Enclosure" means a locked fence or structure of at least six feet in height, five feet in width, and ten feet in length. The animal control director may require a larger "enclosure" depending upon the weight and size of the dog. The sides of the "enclosure" must be embedded into the ground no less than two feet unless the bottom is adequately secured to the sides. The enclosure shall be constructed and maintained so as to prevent the entry of young children, and to humanely confine a dangerous dog in conjunction with other measures which may be taken by the owner or keeper of the dog. A fenced back, side or front yard is not sufficient to constitute an "enclosure" within the meaning of this chapter. The "enclosure" must be placed within a fenced back or side yard. The "enclosure" must be designed and constructed so that the dog kept therein may not escape in any manner, including, but not limited to, digging out, climbing out, or jumping out. The "enclosure" must comply in all respects with zoning, building, and other applicable laws and regulations of the city. The dog shall be housed pursuant to Penal Code Section 597t.

D. "Abused animal" means any animal which is:

1. Mistreated, beaten, or tormented; or

2. Deprived of water, food or shelter; or

3. Kept under unsanitary conditions; or

4. Abandoned; or

5. Trained for fighting other animals.

E. "Animal control officer" means any person or entity, its officers, agents, and employees, designated by contract or otherwise authorized to enforce Subchapter I of Title 7 of the Vallejo Municipal Code.

F. "Impounded" means taken into the custody of the county pound.

G. "Person" means a natural person or any legal entity, including, but not limited to, a corporation, firm, partnership, or trust.

H. "Hearing officer" means any designated representative of the city manager who conducts a hearing pursuant to Section 7.37.040.

I. "Registered dog" means a dog that has been registered pursuant to Section 7.37.030 or one that should have been registered after a finding of dangerousness pursuant to Section 7.37.040.

(Ord. 1528 N.C. (2d) § 9 (part), 2004: Ord. 1106 N.C. (2d) § 1 (part), 1990.)

A. It is unlawful to fight-train, keep, harbor, transport through the city, own, or in any way possess a dog for the purpose of dogfight exhibitions. Scars and wounds are rebuttable evidence of participation in dogfight exhibitions to training. "Fight training" is defined to include. but not limited to:

1. The use or possession of treadmills for fight training;

2. Actions designed to torment, badger or bait any dog for purpose of encouraging said dog for fight exhibitions;

3. The use of weights on the dog for fight training;

4. The use of other animals for blood sport training;

5. Any other activity, the primary purpose of which is the training of dogs for aggressive or vicious behavior or dog fight exhibitions;

B. It is unlawful for anyone to knowingly abuse any animal within the city limits.

(Ord. 1106 N.C. (2d) § 1 (part), 1990.)

A. If an animal control officer, law enforcement officer, or code enforcement officer determines that there exists probable cause to believe that a dog is a dangerous dog as set forth in this chapter, he or she shall refer the matter to the hearing officer for a hearing as set forth in Section 7.37.040.

A determination of probable cause may be based on any reasonably reliable information including, but not limited to, a written or verbal citizen's complaint, observations by the animal control officer, law enforcement officer, or code enforcement officer, the statements of witnesses, and any investigation regarding the above.

B. Any dog found to be a dangerous dog after a hearing as set forth in Section 7.37.040 shall be registered with the animal control director within ten days of the effective date of such finding by the hearing officer, unless the hearing officer orders the dog destroyed. The registration fee shall be as determined and set by resolution of the city council.

The animal control director shall notify the police department of the address of the owner or keeper of a dog registered under this subsection within ten days of such registration.

C. The keeping of a dog registered under subsection (B) above shall be subject to the following conditions:

1. Microchip. The owner or keeper of the dog shall, at his or her expense, have a microchip, containing an identification number assigned by the animal control director, inserted into the dog for identification purposes. For the purposes of this section, a microchip is defined as a wafer of silicon containing miniature electric circuits that can store information.

In addition, a conspicuously colored tag or collar provided by the animal control director, at the owner's or keeper's expense, shall be securely affixed to the dog. This tag or collar shall remain on the dog at all times.

2. Display of Sign. The owner or keeper of the dog shall display a sign on his or her premises warning that there is a dangerous dog on the premises. The sign shall be provided to the owner or keeper of the dog, at his or her expense, by the animal control director. Said sign shall be visible and capable of being read from the fronting street or public highway.

3. Confinement Indoors. No registered dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on its own volition, except to a secured enclosure. In addition, no such dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

4. Confinement Outdoors.

a. When outside, all registered dogs shall be confined in a secure enclosure, except when necessary to obtain veterinary care, or except pursuant to subsection (C)(4)(d) below, or except to comply with commands or directions of a city official. All such enclosures must be ventilated and kept in a clean and sanitary condition.

b. Any enclosure within the meaning of this chapter shall be subject to inspection by the police department, animal control officer, code enforcement officer, or other designee of the city manager under any of the following circumstances:

i. When the enclosure is first constructed or used;

ii. On a periodic basis once each calendar year,

iii. At any time when probable cause exists to believe that the enclosure does not meet the requirements of this chapter; or

iv. At any time when probable cause exists to believe that a registered dog has gotten out of the enclosure in violation of this chapter.

Any inspection done pursuant to this section may be done pursuant to the permission of the owner or possessor of the property or pursuant to an inspection warrant as set forth in the California Civil Code, or pursuant to any other court order or applicable law.

c. No registered dog shall be kept in any enclosure which, in the reasonable opinion of the police department, animal control officer, code enforcement officer or other designee of the city manager, does not comply with standards set forth in this chapter.

d. Whenever a registered dog is outside of the enclosure and not within its owner's or keeper's residence, the dog shall be:

i. On a leash not to exceed five feet in length. The leash must be capable of restraining four times the weight of the dog. The leash must be attached to an escape-proof commercial quality walking harness which fastens securely across the shoulders and mid-chest encompassing the rib area and upper abdomen of the dog. No neck collar of any type or material will be sufficient to satisfy the above requirements. Dangerous dogs shall not be leashed or tethered at any time to inanimate objects such as trees, posts, or buildings; and

ii. Securely Muzzled. The muzzling device for a dangerous dog must be constructed, maintained and used so that it is impossible for the dog to remove it without human assistance;

iii. Under the exclusive control of the owner of the dog who must be a person eighteen years old or older who is physically capable of restraining the dog;

iv. When an owner of a registered dog has the dog out of the owner's or keeper's residence and out of any enclosure provided for the dog, the owner shall carry a driver's license or personal identification card which contains the owner's photograph and address so that he or she may be identified by any animal control officer, law enforcement officer, or code enforcement officer;

v. Whenever an animal control officer, law enforcement officer, or code enforcement officer comes upon a dog which he or she reasonably believes to be a registered dog under this chapter, he or she may require the person in custody of the dog to produce identification showing that he/she is the owner of the registered dog. If such person cannot produce identification as provided in subsection (c)(4)(d)(iv) above, the officer may immediately seize the dog and proceed pursuant to Section 7.37.040.

5. Identification Photographs. All owners or keepers of a registered dog must, within ten days of the effective date of the finding by the hearing officer that the dog must be registered under subsection (B) of this section, provide to the animal control director two color photographs of the registered dog clearly showing the color and approximate size of the dog.

6. Reporting Requirements. All owners or keepers of a registered dog must, within ten days of any occurrence listed below, report the following information in writing to the animal control director.

a. The removal from the city or death of a registered dog;

b. The new address of a registered dog owner should the owner move within city limits.

7. Sale or Transfer of Ownership Prohibited. No person shall sell, barter, give or in any other way dispose of a dog registered with the city to any person within the city; provided, that the owner of a registered dog may sell or otherwise dispose of a registered dog to persons who neither reside within the city, nor intend to train, keep, harbor, own, or in any way possess such dog in the city so long as he or she provides written notice of such sale or transfer to the animal control director.

Any owner or keeper of a dog declared to be dangerous under this chapter who desires to sell, barter, give, or in any other way, dispose of such dog, must notify the buyer or transferee in writing, prior to the sale, that the dog was declared dangerous under this chapter and is subject to the registration conditions and other requirements of this chapter. Such written notice shall be immediately filed with the animal control director by the person disposing of the dog prior to the sale or transfer of the dog.

A registered dog which is sold or transferred to a person living outside the city remains subject to all of the requirements of this chapter whenever such dog is present in the city.

8. Dog License. The owner or keeper of a dog subject to registration under Chapter 7.37 of the Vallejo Municipal Code must obtain and maintain a valid dog license pursuant to Section 7.20.030.

9. Inspection. A dog which is subject to registration under this section shall be made available for inspection upon request by the police department, animal control officer, code enforcement officer or other designee of the city manager under the following circumstances:

a. When the dog is first registered to make sure that the microchip inserted for identification purposes has been properly inserted and functioning;

b. On a periodic basis once each calendar year to make sure that it is kept in compliance with all requirements under this chapter;

c. At any time when probable cause exists to believe that the dog is not being kept in accordance with the registration conditions or any other requirements of this chapter.

Any inspection done pursuant to this section may be done pursuant to the permission of such owner or keeper, or pursuant to an inspection warrant as set forth in the California Civil Code, or pursuant to any other court order or applicable law.

10. Violation of Registration Requirements. It is unlawful for the owner or keeper of a dog registered with the city to fail to comply with the requirements and conditions set forth in this chapter regarding registration. Any dog found to be the subject of a violation of these registration requirements shall be subject to seizure and impoundment under Section 7.37.040.

(Ord. 1528 N.C. (2d) § 10 (part), 2004: Ord. 1106 N.C. (2d) § 1 (part), 1990.)

Whenever a provision of this chapter requires that notice of a hearing, or inspection, or a statement of findings and order be served on the owner or keeper of a dog, such document shall be personally served upon or mailed by certified mail to the owner or keeper of the dog. Service shall be deemed complete at the time said document is personally served or deposited in the mail with the correct amount of postage affixed. Failure of any person to receive such document shall not affect the validity of any proceedings hereunder.

(Ord. 1106 N.C. (2d) § 1 (part), 1990.)

A. Subject to Seizure. Whenever it is determined that there exists probable cause to believe that a dog is a dangerous dog as set forth in this chapter, or that its owner or keeper is in violation of any of the provisions of this chapter, and the dog is on its owner's or keeper's property, said dog is subject to seizure and impoundment. Prior to the seizure of the dog, the owner or keeper of the dog shall be entitled to a hearing as described in subsection (C) of this section.

B. Immediate Seizure.

1. Whenever it is determined that there exists probable cause to believe that a dog is a dangerous dog as set forth in this chapter, or that its owner or keeper is in violation of any of the provisions of this chapter, and probable cause also exists to believe that the dog cannot be properly controlled, such dog is subject to immediate seizure and impoundment. The owner or keeper of the dog shall be entitled to a hearing upon seizure as described in subsection (C) of this section.

2. Whenever it is determined that there exists probable cause to believe that a dog is a dangerous dog as set forth in this chapter, in that the dog has killed or wounded, or assisted in killing or wounding any domestic animal, or has attacked, assaulted, bitten, or otherwise injured any person, or assisted in attacking, assaulting, biting, or otherwise injuring any person, or that its owner or keeper is in violation of any of the provisions of this chapter, such dog shall be subject to immediate seizure and impoundment. The owner or keeper of the dog shall be entitled to a hearing upon seizure as set forth in subsection (C) of this section.

C. Hearing.

1. The hearing officer shall notify the owner or keeper of the dog that a hearing will be held by the hearing officer at which time the owner or keeper of the dog may present evidence as to why the dog should not be found to be a dangerous dog or, as to why the owner or keeper is not in violation of any of the provisions of this chapter. The hearing shall be held promptly within not less than ten working days nor more than twenty working days after service of the notice upon the owner or keeper of the dog. The hearing officer shall admit all relevant evidence, including incident reports and declarations of witnesses. The hearing may be informal and the rules of evidence not strictly observed. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in and of itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. All hearings shall be tape recorded. Oral evidence shall be taken only on oath or affirmation. It shall not be necessary for the city to prove that the owner or keeper of the dog knew or should have known that the dog was dangerous. The hearing officer 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. The hearing officer may find, upon a preponderance of the evidence, that the dog is a dangerous dog within the meaning of this chapter, or that the owner or keeper is in violation of any of the provisions of this chapter, and make other orders authorized by this chapter. Within ten calendar days following the hearing, the hearing officer shall issue a decision to all parties.

2. Should the hearing officer find the dog to be dangerous, the hearing officer shall order that the dog be registered pursuant to Section 7.37.030 and that the dog be spayed or neutered, at the owner's expense, within thirty days of the effective date of the decision declaring the dog to be dangerous. The hearing officer may, in addition, order the owner, keeper and any person in control of the dog to: attend and complete a basic obedience course with the dog under an approved and recognized obedience trainer or training organization and/or not be permitted to own, possess, control, or have custody of any dog for up to three years if the hearing officer determines that the ownership or possession by that person would create a significant threat to the public health, safety and welfare.

3. In the event the hearing officer concludes that the dog is dangerous and that the health, safety, and welfare of the community is not adequately addressed by the requirements provided in Section 7.37.030, the hearing officer shall order that the dog be destroyed.

4. In the event the hearing officer concludes that the owner or keeper of a registered dog has violated any of the provisions of this chapter, he or she shall proceed as follows:

a. If the hearing officer finds that the health, safety, and welfare of the community can still be adequately addressed by the requirements provided in Section 7.37.030, he or she shall order the owner or keeper of the dog to take any action or make any correction necessary to comply with the requirements of Section 7.37.030. The hearing officer may make any additional orders that are necessary to protect the health, safety and welfare of the community.

b. If the hearing officer finds that the health, safety, and welfare of the community cannot be adequately protected by the requirements provided in Section 7.37.030 he or she shall order that the dog be destroyed.

5. In the event a hearing is conducted regarding a dog that has previously been determined to be dangerous and required to be registered pursuant to Section 7.37.030, the fact that the dog has been required to be registered shall create a rebuttable presumption that the health, safety and welfare of the community cannot be adequately protected by the requirements provided in Section 7.37.030 and that the dog should be ordered destroyed. This presumption will be rebutted when the owner or keeper of the dog establishes by clear and convincing evidence that the requirements provided in Section 7.37.030 are adequate to protect the health, safety and welfare of the community.

If the presumption is rebutted, then the hearing officer shall order the owner or keeper of the dog to take any action or make any correction necessary to comply with the requirements of Section 7.37.030 or make any additional orders that are necessary to protect the health, safety and welfare of the community.

6. The hearing officer shall prepare a statement of findings and order setting forth his or her decision. A copy of the statement of findings and order shall be served on the owner or keeper of the dog pursuant to Section 7.37.035.

7. The decision of the hearing officer is final and is effective on the date it is served on the owner or keeper of the dog pursuant to Section 7.37.035.

D. Administrative and Impoundment Costs. The owner or keeper of any dog found to be a dangerous dog, or found to be in violation of any provisions of this chapter, shall be liable for all costs of impounding the dog, destroying the dog, and administering this chapter, including but not limited to, the cost of any hearing.

(Ord. 1528 N.C. (2d) § 11, 2004: Ord. 1106 N.C. (2d) § 1 (part), 1990.)

Any court action to review the hearing officer's decision as reflected in the statement of decision and order shall be commenced within thirty days of the date of the service of the statement of decision and order, and the statement of decision and order shall contain a statement so advising the owner or keeper of the dog of this time limit on seeking court review.

(Ord. 1106 N.C. (2d) § 1 (part), 1990.)

A. On a date not sooner than twenty-four months after the effective date of the decision by the hearing officer that a dog is dangerous and must be registered under Section 7.37.030, the owner or keeper of such dog may petition the city in writing to review and modify the status of the dog as a dangerous dog. Such petition shall be filed with the city clerk along with a declaration under penalty of perjury that a copy of the petition has been served on the Vallejo police department and all persons living within a three hundred foot radius of the property where the dog is kept. The petition shall contain the name and address of the owner or keeper of the dog, the address where the dog is kept if different from that of the owner or keeper, the registration or license number of the dog, and a concise statement as to why the staff of the dog as a dangerous dog and the conditions of registration imposed under Section 7.37.030 should be modified.

B. As soon as practicable after receiving the petition, the city clerk shall set a date for a hearing on the petition by a hearing officer, which date shall not be less than fifteen days nor more than forty-five days from the date the petition was filed. Written notice of the time and the place of the hearing shall be given at least ten days prior to the date of the hearing to the petitioner by the city clerk, either by causing a copy of such notice to be delivered to the petitioner personally or by mailing a copy thereof, postage prepaid, addressed to the petitioner at his or her address as shown on the petition. Courtesy copies of the notice shall be mailed to all persons entitled under subsection (A) above to receive a copy of the petition. Continuances of the hearing may be granted on the request of the petitioner or City for good cause shown, or on the hearing officer's own motion.

C. At the hearing, the petitioner shall have the burden of proving, by a preponderance of the evidence, that the registration conditions imposed under Section 7.37.030 should be modified. The rules regarding admissibility of evidence shall be the same as those under Section 7.37.040(C). The hearing shall be tape recorded. Oral evidence shall be taken only on oath and affirmation.

D. In order to modify the registration conditions imposed under Section 7.37.030, the hearing officer must find that the petitioner has proved, by a preponderance of the evidence, that:

1. The petitioner has complied with the registration conditions of Section 7.37.030 and all other requirements imposed under Chapter 7.37 of this code; and

2. That the health, safety and welfare of the community will not be jeopardized by the modification of the registration conditions and other requirements imposed under Chapter 7.37 of this code.

E. Within ten calendar days after the hearing, the hearing officer shall issue a decision to all parties. The hearing officer shall prepare a statement of findings and order setting forth his or her decision. A copy of the statement of findings and order shall be served on the petitioner pursuant to Section 7.37.035. The decision of the hearing officer is final and is effective on the date it is served on each petitioner pursuant to Section 7.37.035.

F. Any court action to review the hearing officer's decision as reflected in the statement of findings and order shall be commenced within thirty days of the date of service of the statement of decision and order, and the statement of decision and order shall contain a statement so advising the petitioner of this time limit on seeking court review.

G. The petitioner shall bear all costs of the proceedings brought pursuant to this section, including, but not limited to, the costs of the hearing officer, tape recording, postage, etc. The city clerk shall not accept for filing any petition which is not accompanied by a deposit in the amount of fifty dollars to be used toward the total costs inch by the city under this section. If the total costs come to less than fifty dollars, the difference shall be refunded to the petitioner.

H. Under no circumstances shall the conditions of registration under Section 7.37.030 be modified for a dog which was found to be a dangerous dog by reason of having wounded a human being or having engaged in or having trained to engage in exhibitions of dog fighting.

I. After the grant or denial of a petition for modification under this section, an owner or keeper of a dangerous dog shall not again petition for a modification under this section until a period of one year has elapsed from the effective date of the decision granting or denying the petition.

(Ord. 1106 N.C. (2d) § 1 (part), 1990.)

Any person who violates any provisions of Sections 7.37.010 through 7.37.055 shall be deemed guilty of either a misdemeanor or an infraction. The city attorney shall have the discretion to file a complaint charging a violation of any provision of this chapter as a misdemeanor or an infraction.

A. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in Section 1.12.010 of the Vallejo Municipal Code.

B. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six months, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. Upon conviction of a misdemeanor, the court shall prohibit the person from owning, keeping, or otherwise being in control of a dog within the city for a period of three years. Violation of that prohibition shall constitute a misdemeanor.

C. The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction.

(Ord. 1528 N.C. (2d) § 12, 2004: Ord. 1106 N.C. (2d) § 1 (part), 1990.)

Any provision of Sections 7.37.010 through 7.37.055 may be enforced by the police department, animal control officer, code enforcement officer, or any other person designated by the city manager. Complaints of any violations of Sections 7.37.010 through 7.37.055 shall be presented to the city attorney for prosecution.

(Ord. 1106 N.C. (2d) § 1 (part), 1990.)

A. This chapter does not apply to licensed kennels; humane society shelters, animal control facilities, or veterinarians hospitals or facilities.

B. This chapter does not apply to a dog while utilized by any police department or any law enforcement officer in the performance of police work.

C. This chapter does not apply to a dog which is working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, if the damage or injury inflicted by the dog was to a species or type of domestic animal appropriate to the work of the dog.

(Ord. 1106 N.C. (2d) § 1 (part), 1990.)