Article 5 — Animal Control

4461 - Leash law.

It is unlawful for any person to suffer or permit any dog owned, harbored, or controlled by him or her to be on any public street, alley, lane, park or place of whatever nature open to and used by the public in the unincorporated areas of the County, or in any common area, unless such dog is securely leashed and the leash is held continuously in the hands of a responsible person capable of controlling such dog. It is unlawful for any person to suffer or permit any dog owned, harbored, or controlled by him or her to be on any private property in the unincorporated areas of the County without the permission of the person owning or occupying said private property. Every person who violates any of the provisions of this Section is guilty of an infraction. An Animal Control Officer, as defined in Section 4493-2, may issue an administrative citation assessing a civil penalty to that person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in, Article 8.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4462 - Animals at large.

It shall be unlawful for any person owning or having possession of any animal to permit it to be at large without reasonable control or to be pastured or kept upon any street or other public place, or common area, or upon any private property against the wishes of the owner or occupant thereof or in any manner or place to the injury of the owner or occupant of any other property. Every person who violates any of the provisions of this Section is guilty of a misdemeanor/infraction. An Animal Control Officer, as defined in Section 4493-2, may issue an administrative citation assessing a civil penalty to that person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in, Article 8.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4462-1 - Permitting animals to go without care.

Every owner, driver or keeper of any animal who permits the animal to be in any building, enclosure, lane, street or lot without proper care and attention within the meaning of Penal Code Section 597.1 is guilty of a misdemeanor/infraction. Any person in violation of this Section shall be given a notice of violation. The notice of violation shall quote pertinent provisions of this Section. If the person receiving the notice of violation fails to comply with this Section within twenty-four (24) hours of receipt of the notice of violation (or such other specific time as specified by the Division), an Animal Control Officer, as defined in Section 4493-2, may issue an administrative citation assessing a civil penalty to that person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in, Article 8. The civil penalty for violation of Section 4462-1 shall be up to one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation, and five hundred dollars ($500.00) for the third and following violations, or such other sums approved by resolution of the Board of Supervisors.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4463 - Impounding animals.

Any animal found under conditions or in areas prohibited by Sections 4461 or 4462 shall be taken by the Division and impounded. Other than as otherwise provided in Article 9, no fowl at large upon private property shall be impounded except upon complaint of the owner, occupant, or person in charge of said property who claims to be injured thereby.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4464 - Notice of impoundment.

The Director shall make reasonable effort by personal service or phone to give notice of the impoundment to owner or keeper and, if unsuccessful, shall mail written notice to the last known address of the owner or keeper advising of the impoundment, the date by which redemption must be made and the fees payable prior to redemption release. Any unredeemed animal or fowl may be disposed of, as provided for in this Code.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4465 - Privileged entry.

For the purpose of discharging the duties imposed by this Chapter or other applicable law and to enforce the same, the Director or any Peace Officer may enter on private property, except dwellings located thereon, as follows:

(a)

During daylight:

(1)

When in pursuit of any animal which he or she has reasonable or probable cause to believe is subject to impoundment pursuant hereto or other applicable law;

(2)

To impound or place in isolation any animal thereon which he or she has any cause whatsoever to believe or suspect has rabies or is a biting animal;

(3)

To inspect or examine animals for animal welfare purposes;

(4)

To inspect or examine animals isolated for rabies control purposes;

(5)

To impound an animal pursuant to state law or County ordinance; or

(6)

To seize an animal pursuant to pursuant to state law or County ordinance.

(b)

At night:

(1)

When in pursuit of any animal which he or she has reasonable or probable cause to believe is subject to impoundment pursuant to state law or County ordinance;

(2)

To impound or place in isolation any animal thereon which he or she has any cause whatsoever to believe or suspect has rabies or is a biting animal; or

(3)

To impound an animal pursuant to state law or County ordinance and as a condition of the authority set forth in this Section, except where time does not permit in an emergency or when in fresh pursuit, before entering upon private property a reasonable effort shall be made to locate the owner or possessor thereof to request permission to enter upon such property and to explain the purpose for such entry.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4466 - Animals on public beaches, sidewalks, parks, school grounds or County property.

Every person who violates any of the provisions of this Section is guilty of an infraction. An Animal Control Officer, as defined in Section 4493-2, may issue an administrative citation assessing a civil penalty to that person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in, Article 8.

(a)

No person shall bring onto or allow to remain on any public beach adjacent to the Pacific Ocean or any bay or inlet thereof any animal, except properly identified service dogs; provided, however, that the prohibition of this subdivision shall not apply to any beach or portion thereof which the Ventura County Board of Supervisors may from time to time declare, by resolution, to be exempt from such prohibition.

(b)

Any person having custody or control of an animal (except a guide dog used by the blind) when such animal defecates upon any public beach, sidewalk, park or school ground or upon any property owned or controlled by the County shall promptly pick up and remove the feces from the public beach, sidewalk, park, school ground or County property.

(c)

Any person who has custody or control of an animal (except a guide dog used by the blind) in a location other than in a vehicle or on the property of such person or on the property of the owner of the animal, shall at all times have in his or her immediate possession a wrapper, bag or container (other than articles of personal clothing) suitable for the purpose of picking up and removing the feces of such animal.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467 - Animal nuisances.

Any animal, except an animal kept or controlled by a governmental agency, which has committed anyone or more of any of the following acts is a public nuisance:

(a)

An unprovoked infliction of physical injury upon any person where such person is conducting himself or herself lawfully.

(b)

Unprovoked threatening behavior toward any person where such person is conducting himself or herself lawfully which occurs in such circumstances as to cause such person reasonably to fear for his or her physical safety.

(c)

The utterance of barks, cries or vocalizations which are shown to have occurred either as an episode of continuous noise lasting for a minimum of ten (10) minutes or repeated episodes of intermittent noise lasting for a minimum period of thirty (30) minutes and deprive persons residing in two (2) or more residences in the neighborhood of the comfortable enjoyment of their homes or deprive a person residing in one (1) residence of the comfortable enjoyment of their residence if the following conditions are met: 1) due to special physical circumstances such as topography, distance between adjoining properties, placement of structures, general location of the animal being complained about, or other special circumstances that limit the effects of the barks, cries, or sounds as to other residences or the persons in such other residences, and 2) the Director has caused an investigation to be performed and such investigation confirms that sufficient evidence exists to support the special physical circumstances.

(d)

An unprovoked infliction of physical injury upon any other animal which occurs off the property of the owner or keeper of the animal inflicting the injury.

(e)

The damaging of the real or personal property of some person other than the owner or keeper of the animal which occurs off the property of the owner or keeper of the animal.

(f)

The dumping of trash cans or the spreading of trash which occurs off the property of the owner or keeper of the animal.

(g)

The chasing of pedestrians, vehicles or ridden horses which occurs off the property of the owner or keeper of the chasing animal. Such public nuisance may be abated in accordance with the procedures set forth in Sections 4467-1—4467-10. Such procedures are in addition to any other remedies which may be available under the law.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467-1 - Complaint.

Any person aggrieved by such public nuisance may file a complaint with the Director. Such a complaint shall be in writing, shall be signed by and bear the address of the complainant, shall state the place or places where such nuisance exists, shall describe the animal and the conduct which renders it a nuisance, and shall give the name and address of the animal's owner or keeper if known to the complainant.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467-2 - Notice.

Upon receipt of a complaint which alleges a public nuisance, or as soon thereafter as the Director may learn the name and address of the owner or keeper of the animal, the Director shall serve notice of a hearing upon the owner or keeper and upon the complainant. The notice shall be in writing and may be served either by personal delivery of a copy or by depositing a copy in the United States mail, postage prepaid, addressed to the person to be served. The notice shall do the following:

(a)

Include a copy of the complaint;

(b)

State that a hearing will be held to determine whether the animal described in the complaint is a nuisance within the meaning of Section 4467 and, if so, that the nuisance may be abated as provided in Sections 4467 through 4467-10;

(c)

State a time, which shall be not less than fifteen (15) calendar days after the date of the notice, and the place of the hearing; and

(d)

Include a copy of Sections 4467 through 4467-10.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467-3 - Impoundment pending hearing.

If it appears to the Director from the complaint or other information available to him or her that the animal is being kept or maintained in a manner which poses an imminent threat to the safety of persons or property, the Director may impound the animal immediately and may hold the animal until findings are issued pursuant to Section 4467-9, at which time the animal shall be disposed of as provided in Article 2; provided, however, that if the finding is that the animal is not a nuisance, the owner or keeper may redeem the animal without payment of the impound fees; and provided, further, that if the order is that the animal be destroyed the Director shall hold the animal for an additional seventy-two (72) hours and then shall destroy it in a humane manner.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467-4 - Hearing.

The hearing shall be public and shall be held before the Director or his or her authorized designee at the time and place noticed or at such other time or place as may be mutually agreed to by the Director his or her designee, the complainant, and the owner or keeper of the animal. Notwithstanding the foregoing, the Director or his or her designee may continue the hearing to such time and place as may be reasonably necessary for the convenience of witnesses or other parties. Failure of the owner or keeper of the animal to appear at the hearing or any continuance thereof shall constitute a default.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467-5 - Oaths.

The Director or his or her designee shall have the power to administer oaths or affirmations when necessary in conjunction with the hearing.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467-6 - Evidence.

Oral evidence need not be taken under oath or affirmation unless either the owner or keeper of the animal or the complainant so requests and it appears that the witness has a motive for being untruthful. Testimony may be given in an informal narrative style. Complainant, the owner or keeper of the animal, and the Director or his or her designee shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses on any matter relevant to the issues even though such matter was not covered on direct examination, and to impeach any witness regardless of which party first called the witness to testify. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence or objection in a civil action. Hearsay evidence shall be admissible for any purpose but shall not be sufficient itself to support a finding unless it would be admissible over objection in a civil action.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467-7 - Subpoena power.

Before the hearing has commenced, the Director or his or her designee shall, at the request of the complainant or the owner or keeper of the animal, issue subpoenas and subpoenas duces tecum for attendance or production of documents at the hearing. Compliance with the provisions of Section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena duces tecum. After the hearing has commenced, the Director or his or her designee may issue such subpoenas and subpoenas duces tecum as he or she deems proper. Any person duly subpoenaed to appear and testify or to produce any books and papers before the Director who wrongfully neglects or refuses to appear or testify or to produce such books and papers is guilty of a misdemeanor.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467-8 - Record.

The Director or his or her designee shall record the hearing on a recording device and shall make such recording available to the complainant and to the owner or keeper of the animal upon request. The Director or his or her designee shall provide a copy of the recording or a transcript prepared therefrom to any party who requests it and pays the cost of making such copy or preparing such transcript.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467-9 - Findings and order.

At the conclusion of the hearing, or within a reasonable time thereafter, the Director or his or her designee shall make a written finding that the animal either is or is not a public nuisance as defined in Section 4467. Such finding shall be supported by the weight of the evidence presented at the hearing; provided that,

(a)

If no evidence is presented, the finding shall be that the animal is not a public nuisance, unless:

(1)

The owner or keeper of the animal has defaulted by failing to appear, in which case the finding shall be that the animal is a public nuisance. If the finding is that the animal is a public nuisance, the Director shall determine what actions, up to and including humane destruction of the animal, are reasonably necessary in order to abate the nuisance and shall make the findings and order that the owner or keeper of the animal take all such actions within such time limits as the order may prescribe. The findings and order shall be final when issued and shall be served promptly on the owner or keeper of the animal either by personal delivery of a copy or by depositing a copy in the United States mail, postage prepaid, addressed to the owner or keeper.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467-10 - Failure to comply with order.

Failure of the owner or keeper of the animal to take any action required of him or her by the order of the Director within the applicable time limit specified in the order is a misdemeanor/infraction; provided, however, that humane destruction of the animal within such time limit shall be deemed compliance with the order regardless of the abatement action specified in the order. Each day or portion thereof that such noncompliance continues after such time limit is a separate offense. The Director may seize and summarily destroy any animal being kept or maintained in violation of such order of the Director.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467-11 - Appeal from order.

The owner or keeper of the animal shall have the right to file a petition in the Ventura County Superior Court for review of the hearing officer's decision as set forth in California Code of Civil Procedure Sections 1094.5 and 1094.6. Such petition must be filed within ninety (90) days of the date notice of the decision is served on the owner or keeper.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467-12 - Citation for public nuisance created by barking dog.

Upon receiving complaint(s) regarding a barking dog nuisance described in Section 4467, subdivision (c), supported by both (i) a statement under penalty of perjury from the complainant describing the barking nuisance conduct, and (ii) audio-visual documentation of the barking nuisance conduct if such barking nuisance conduct has not been directly observed and documented by an Animal Control Officer or Peace Officer, the Division will review the circumstances presented giving rise to such complaint(s), and if the complaint(s) are found to be factually supported, an Animal Control Officer as defined in Section 4493-2 shall issue a citation to the owner or keeper of the barking dog identified in the complaint, assessing a civil penalty to that person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in, the administrative enforcement provisions set forth in Article 8. The civil penalty shall be assessed according to the schedule of rates and fees approved by resolution of the Board of Supervisors.

(a)

A citee who has been issued a citation assessing a civil penalty for a public nuisance under Section 4467, subdivision (c), may request an initial administrative review of the citation within twenty (20) calendar days of its issuance. A citee's request must set forth, with particularity, the reasons the citee believes the violation did not occur or that the citee was not responsible for the violation and must contain a copy of the citation and identify the address to which conclusion of the Division's administrative review should be mailed. The citee must include a deposit, in the amount approved by resolution of the Board of Supervisors for the cost of such administrative review.

(b)

Upon receiving a citee's request for administrative review, the Division's Reviewing Official, who shall be a Division employee who played no role in the investigation or issuance of the citation, shall review the request, citation and other pertinent information, and provide the citee with written notification of one of the following determinations:

(1)

The citation is vacated because there was no violation, or the citee was not responsible for the violation;

(2)

The citation will not be vacated because no justification could be found and setting forth the basis for that conclusion. However, if the citee agrees to enter into a written six (6) month compliance agreement with the Division to implement specified measures to eliminate the barking nuisance within ten (10) days of the Division's notice, the Division will provisionally rescind the citation and associated penalty, so long as the citee abides by the terms of the signed compliance agreement and the Division receives no further complaints during the following six month period from residents in the citee's neighborhood regarding nuisance conduct in violation of Section 4467, subdivision (c). The citee will be notified that if the Division finds that a citee has subsequently violated the terms of a compliance agreement because the Division receives further complaints from neighbors regarding a barking nuisance during the following six-month period, the citation will no longer be deemed rescinded and the citation amount will be due paid in ten (10) days. The citee will also be notified that the Division may also issue an additional citation if the Division finds that there has been a violation of an existing compliance agreement and new barking nuisance conduct under Section 4467, subdivision (c). The decision to offer a compliance agreement to a dog owner is at the Division's sole discretion. The Division may consider whether there is a history of similar complaints of barking nuisance conduct under Section 4467, subdivision (c), involving the same dog.

(3)

The citation will not be vacated because no justification could be found and setting forth the basis for that conclusion.

(c)

The Reviewing Official will mail a copy of the notification to the citee at the address included in the request for administrative review along with, if applicable, a notice establishing the fine due date and the procedure for requesting an administrative hearing to challenge the citation under Article 8. If the Division vacates a citation upon further administrative review, the Division will refund the full amount deposited by the citee for the administrative review of the citation.

(d)

The Reviewing Official will complete the review within ten (10) business days of the Division's receipt of the citee's request.

(e)

A citee's request for an initial administrative review is not a mandatory prerequisite to a request for an administrative hearing under Article 8.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4467-13 - Public nuisance declaration for barking dog and provisional rescission of part or all of order pertaining to barking dog nuisance upon demonstrated and sustained improvement in barking dog.

(a)

Any dog whose owner or keeper receives three (3) or more citations for being a public nuisance in violation of Section 4467, subdivision (c), will be found by the Division to be an animal nuisance and the owner of such an animal will be ordered by the Division to obtain a nuisance dog license and pay the additional annual license fee established by the Board of Supervisors for an animal nuisance and to follow all findings and orders issued by the Division.

(b)

If no less than two (2) years have passed since the Division's latest citation for a barking dog nuisance under Section 4467, subdivision (c), and the citee has received no subsequent citation, and the Division has received no subsequent complaints from residents in the citee's neighborhood regarding that dog barking, the citee may submit a written request for the Division to conduct an administrative review regarding whether there is good cause to provisionally rescind a requirement that the dog to be licensed as an animal nuisance. If, in response to a citee's request, the Division determines after administrative review that there is good cause to provisionally rescind the nuisance animal designation, it will so notify the citee. If the Division thereafter receives two (2) or more complaints from residents in the citee's neighborhood regarding the same dog barking, the Division may, at its sole discretion, and without holding an additional hearing, reverse its provisional rescission of the requirement that the dog be licensed as an animal nuisance.

(Ord. No. 4587, § 1, 10-19-2021)

4467-14 - The Director has sole discretion to choose a response consistent with Ventura County Ordinance Code provisions.

The Director, and his or her designee, shall have sole and exclusive discretion regarding whether to respond to complaints of animal nuisance conduct taking place in the unincorporated area of the County under the provisions of Sections 4467-1 through 4467-10 (Animal Nuisance Hearing Process), Section 4467-12 (Administrative Citation Process), Section 4470, et seq., (Petitions regarding Potentially Dangerous or Vicious Dogs), or under other applicable provisions of the Ventura County Ordinance Code then in effect.

(Ord. No. 4587, § 1, 10-19-2021)

4467-15 - Repeal of specified provisions of Section 4467.

The introductory paragraph of Section 4467 and Section 4467, subdivision (c), shall continue to remain in effect after June 30, 2022. However, Section 4467, subdivision (a), Section 4467, subdivision (b), Section 4467, subdivision (d), Section 4467, subdivision (e), Section 4467, subdivision (f), Section 4467, subdivision (g), Section 4467-1, Section 4467-2, Section 4467-3, Section 4467-4, Section 4467-5, Section 4467-6, Section 4467-7, Section 4467-8, Section 4467-9, Section 4467-10, and 4467-14 shall only remain in effect until June 30, 2022, and as of that date shall all be repealed. Section 4467-11 shall only remain in effect until October 31, 2022, and as of that date shall be repealed.

(Ord. No. 4587, § 1, 10-19-2021)

4468 - Repealed by Ordinance 4403—10/20/09.

4468-1 - Rescue of domestic animals; period in which animal deemed abandoned.

Any person who finds a stray domestic animal shall, within a reasonable time, inform the owner, if known, or use reasonable efforts to locate the owner, if not known.

(a)

The finder may bring the animal to an animal shelter or retain its possession, subject to the demand of the Director or his or her designee.

(b)

If the finder chooses to retain possession of the animal, the finder shall, provide for the humane treatment of the domestic animal, and within twenty-four (24) hours, shall file a found animal report on the Division's website. If the finder does not wish to have his or her name and address appear on the website, the finder may obtain a case number from the Division and have that number published on the website.

(c)

If no person appears and claims ownership of the animal retained by the finder within thirty (30) days after the filing of a found animal report under (b) of this Section, the animal shall be deemed to be abandoned and the finder shall be deemed to be the owner of the animal. Any person becoming the owner of such a found animal shall assume all the legal responsibilities of the animal owner under state and local law, and including, but not limited to, responsibilities for complying with requirements for licensing, rabies vaccination and mandatory spay/neuter.

(d)

If within thirty (30) days of the finder's filing of the found animal report the animal's owner does appear and establishes ownership of the animal to the Division's satisfaction, the finder shall surrender possession of the animal to that owner.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4469 - Inspection of animals.

Any person who has an animal in his or her possession, custody, or control that willfully or maliciously fails or refuses to exhibit such animal or any license therefor for inspection upon demand by the Director, his or her designee, or any Peace Officer is guilty of a misdemeanor/infraction. An Animal Control Officer, as defined in Section 4493-2, may issue an administrative citation assessing a civil penalty to that person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in, Article 8.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4470 - Potentially dangerous and vicious dogs. 4470-1 - Other remedies.

Nothing in Sections 4470-1 through 4470-18 shall prevent the Division from pursuing action under any other provision of this Chapter or any court action under Food and Agriculture Code Section 31601, et seq. The Director, and his or her designee, shall have the discretion to directly petition the court, under state law, to seek a determination of whether a dog is potentially dangerous or vicious.

(Ord. No. 4587, § 1, 10-19-2021)

4470-2 - Exemptions.

Sections 4470-1 through 4470-18 do not apply to licensed kennels, humane society shelters, public animal shelters, veterinarians or to dogs used by Peace Officers in the performance of their peace officer work.

(Ord. No. 4587, § 1, 10-19-2021)

4470-3 - Definitions.

For the purposes of Section 4470, et seq., unless the context otherwise requires,

(a)

The term "potentially dangerous dog" means any of the following:

(1)

Any dog 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 when the person and dog are off the property of the owner or keeper of the dog.

(2)

Any dog which, when unprovoked, bites a person causing a less severe injury than the injury defined in Section 4470-3, subdivision (c).

(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)

The term "vicious dog" means either of following:

(1)

Any dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

(2)

Any dog previously determined to be and currently listed as a potentially dangerous dog that, after its owner or keeper has been notified of this determination, continues the behavior described in Section 4470(a), or is maintained in violation of Section 4470-9.

(c)

The term "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)

The term "enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to prevent the dog from escaping. The dog shall be housed pursuant to Penal Code Section 597t.

(e)

The term "impounded" means taken into the custody of the Division.

(Ord. No. 4587, § 1, 10-19-2021)

4470-4 - Authority to seize and impound animal posing immediate threat to public safety.

(a)

If upon investigation it is determined by the Animal Control Officer or Peace Officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the Animal Control Officer or peace office may seize and impound the dog pending the hearings to be held pursuant to Section 4470, et seq. The owner of the dog shall be liable to the Division for the costs and expenses of keeping the dog, according to the schedule of rates and fees approved by resolution of the Board of Supervisors, if the dog is later adjudicated potentially dangerous or vicious.

(b)

When the dog has been impounded pursuant to subdivision (a) and it is not contrary to public safety, the Director, or Director's designee, shall permit the dog to be confined at the owner's expense in a Division approved kennel or veterinary facility.

(Ord. No. 4587, § 1, 10-19-2021)

4470-5 - Potentially dangerous dog or vicious dog hearing.

(a)

If an Animal Control Officer or Peace Officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the Director or his or her designee shall file, with a court having jurisdiction, or with a neutral and impartial administrative hearing officer, a verified complaint setting forth facts that establish probable cause to believe the dog in question is potentially dangerous or vicious, and shall petition for a court hearing, or an administrative hearing, for the purpose of determining whether the dog should be declared potentially dangerous or vicious. The Division may authorize its own employee to conduct the hearing if the hearing officer is not the same person who signed the petition or directed the impoundment or seizure of the dog and is not junior in rank to such person(s). In the alternative, the Division may use the services of a neutral and impartial hearing officer from outside the Division. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the Animal Control Officer or Peace Officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The Director, or his or her designee, shall notify the owner or keeper of the dog that a court or administrative hearing will be held, at which time the owner or keeper of the dog may present evidence as to why the dog should not be declared potentially dangerous or vicious. The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. The hearing shall be held promptly within no less than five (5) working days nor more than ten (10) working days after service of notice upon the owner or keeper of the dog. The hearing shall be open to the public.

(b)

The hearing officer shall have the power to administer oaths or affirmations when necessary in conjunction with the hearing.

(c)

The court or administrative hearing officer may admit into evidence all relevant evidence, including the incidence report and the affidavits of witnesses. Any party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses on any matter relevant to the issues even if such matter was not covered on direct examination, and to impeach any witness regardless of which party first called the witness to testify. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence or objection in a civil action. Hearsay evidence shall be admissible for any purpose but shall not be sufficient itself to support a finding unless it would be admissible over objection in a civil action.

(d)

Before and after the hearing has commenced, any party may request the court or administrative hearing officer to issue subpoenas and subpoenas duces tecum for attendance and the production of documents at the hearing. Compliance with the provisions of section 1985 of the Code of Civil Procedure that be a condition precedent to the issuance of a subpoena duces tecum. Any person duly subpoenaed to appear and testify or to produce any documents and who wrongfully neglects or refuses to appear or testify or to produce such documents is guilty of a misdemeanor.

(e)

A jury shall not be available. The court or administrative hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make such other necessary orders.

(f)

All court forms approved for optional use by the Judicial Council of California, pursuant to Food and Agriculture Code Sections 31601, et seq., may also be used for purposes of any administrative hearing.

(Ord. No. 4587, § 1, 10-19-2021)

4470-6 - Notice of determination and appear from hearing.

(a)

After the hearing conducted pursuant to Section 4470-5, the owner or the keeper of that animal shall be notified in writing of the determination and orders issued, either personally or by first-class mail, return receipt requested, by the court or administrative hearing officer. If a determination is made that a dog is potentially dangerous or vicious the owner or keeper of the animal shall comply with Section 4470-15 in accordance with a time schedule established by Division but in no case more than thirty (30) days after the date of the determination or thirty-five (35) days if the determination is mailed to the owner or keeper of the dog. If the petitioner or owner or keeper of the dog contests the determination, they may, within five (5) days of the receipt of the court order or notice of determination, appeal the decision of the hearing entity. The fee for filing an appeal, payable to the clerk of court, is as provided Government Code Section 70626, subdivision (b). The appeal of an administrative order shall be to the superior court. The appeal of a court order shall be to the appellate division of the superior court. The petitioner or the owner or keeper of the dog shall serve personally or by first-class mail, return receipt requested, notice of the appeal upon the other party.

(b)

The court hearing the appeal shall conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and other relevant issues, based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods set forth in Section 4470-5. The issue shall be decided by a preponderance of the evidence. The court may admit all relevant evidence including incidence reports and affidavits of witnesses. If the court rules the dog to be potentially dangerous or vicious, the court may establish a time schedule to ensure compliance with its order, but in no case more than thirty (30) days subsequent to the date of the court's determination or thirty-five (35) days if the service of the judgment is by first-class mail.

(c)

The hearing entity of original jurisdiction and 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 falls to appear at the hearing. The determination of the court hearing the appeal shall be final and conclusive upon all parties.

(Ord. No. 4587, § 1, 10-19-2021)

4470-7 - Exceptions.

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

(Ord. No. 4587, § 1, 10-19-2021)

4470-8 - Reserved. 4470-9 - Consequences of potentially dangerous dog determination.

(a)

A potentially dangerous dog, while on the owner's property, shall at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escaped, and into which children cannot trespass. The Division must inspect and give written approval for the yard or enclosure within fourteen (14) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner. A potentially dangerous dog may be off the owner's premises only if it is restrained by a non-retractable leash no longer than four (4) feet, and if it is under the control of a responsible adult. At no time may the dog be left unattended while off the owner's premises.

(b)

The dog must be spayed or neutered at the expense of the owner before the release of the dog to its owner. If the dog was not impounded, the dog owner must provide proof to the Division that the dog has been spayed or neutered within thirty (30) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner.

(c)

The owner must post one (1) or more signs on the premises, at locations approved by the Division, stating that a potentially dangerous dog resides at the premises. The sign(s) must be posted within seven (7) calendar days after the administrative decision or court order declaring the dog to be potentially dangerous is served on the owner.

(d)

The administrative hearing officer or court may impose other reasonable conditions that are necessary to protect the public safety and welfare.

(e)

All charges for services performed by the Division and all penalties must be paid before release of the dog to its owner. If the owner does not take possession of the dog within seventy-two (72) hours from notification of determination to release the dog, the dog will be deemed abandoned and may be disposed of by the Division. If the dog is being held somewhere other than the animal shelter, all charges for services performed by the Division and all penalties must be paid within fourteen (14) calendar days after services are performed or the charges or fines are ordered to be paid.

(f)

A violation of an administrative decision or court order following a determination that a dog is potentially dangerous, may result in the filing of an action to determine whether the dog is vicious under Section 4470-3, subdivision (b).

(Ord. No. 4587, § 1, 10-19-2021)

4470-10 - Notice of change of status regarding potentially dangerous dog.

(a)

If a dog determined to be potentially dangerous dies, or is sold, transferred or permanently removed from the city or county where the owner resides, the owner of a potentially dangerous dog shall notify the Division of the changed condition and new location of the dog in writing within two (2) working days. In addition, if the dog is moved to another jurisdiction, the dog's owner is required to provide the animal control authorities of the new jurisdiction with a copy of the administrative decision or court order during the effective period of the decision or court order.

(b)

The owner of a dog determined to be potentially dangerous must notify the Division immediately if the dog is at large or has committed an attack on any person, domestic animal or livestock.

(Ord. No. 4587, § 1, 10-19-2021)

4470-11 - Removal of potentially dangerous dog designation.

If there are no additional instances of the behavior described in Section 4470-3 within a thirty-six (36)-month period from the date of designation of a potentially dangerous dog, upon written application by the dog's owner, the dog shall be removed from the Division's list of potentially dangerous dogs. 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 (36)-month period if the owner of the dog demonstrates to the Division that changes in circumstances or measures taken by the owner, such as training of the dog, have mitigated the risk to public safety.

(Ord. No. 4587, § 1, 10-19-2021)

4470-12 - Conditions for dog found vicious.

(a)

A dog determined to be vicious may be destroyed by the Division when it is found under Section 4470-6, 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 administrative hearing officer shall impose conditions upon the ownership of the dog that protect the public health, safety and welfare.

(c)

If it is determined that a dog found to be vicious shall not be destroyed, the enclosure that is required shall meet the requirements of Section 4470-3. The Division must inspect and give written approval for the yard or enclosure within fourteen (14) calendar days after the decision or court order declaring the dog to be vicious is served on the dog owner. A vicious dog may be off the owner's premises only if it is restrained by a non-retractable leash no longer than four (4) feet, is wearing a Division-approved basket muzzle, and if it is under the control of a responsible adult. At no time may the dog be left unattended while off the owner's premises.

(d)

If it is determined that a dog found to be vicious shall not be destroyed, the dog must be spayed or neutered at the expense of the owner before the release of the dog to its owner. If the dog was not impounded, the dog owner must provide proof to the Division that the dog has been spayed or neutered within thirty (30) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner.

(e)

If it is determined that a dog found to be vicious shall not be destroyed, the owner of a vicious dog must give written notice of the vicious dog determination to the United States Post Office (local branch) and to all utility companies providing services to the premises where the vicious dog is kept. The owner must provide a copy of the notices to the Division before the release of the dog from impound. If the dog was not impounded, the dog owner must provide a copy of the required notices to the Division within fourteen (14) days after the administrative hearing or court determination declaring the dog is vicious.

(f)

If it is determined that a dog found to be vicious shall not be destroyed, the owner must post one or more signs on the premises, at locations approved by the Division, stating that a vicious dog resides at the premises. The sign(s) must be posted within twenty-four (24) hours after the administrative decision or court order declaring the dog to be vicious is served on the owner.

(g)

The administrative hearing officer or court may impose other reasonable conditions that are necessary to protect the public safety and welfare.

(Ord. No. 4587, § 1, 10-19-2021)

4470-13 - Notice of change of status regarding vicious dog.

If a dog determined to be vicious dies, or is sold, transferred or permanently removed from the city or county where the owner resides, the owner of vicious dog shall notify the Division of the changed condition and new location of the dog in writing within two (2) working days. In addition, if the dog is moved to another jurisdiction, the dog's owner is required to provide the animal control authorities of the new jurisdiction with a copy of the administrative decision or court order during the effective period of the decision or court order. The owner of a dog determined to be vicious must notify the Division immediately if the dog is at large or has committed an attack on any person, domestic animal or livestock.

(Ord. No. 4587, § 1, 10-19-2021)

4470-14 - Conditions for prohibiting ownership after dog found vicious.

The owner of a dog determined to be a vicious dog in accordance with Section 4470-6 may be prohibited by the Division from owning, possessing, controlling, or having custody of any dog for a period of up to three (3) years, when it is found, after a hearing conducted under Section 4470-5, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.

(Ord. No. 4587, § 1, 10-19-2021)

4470-15 - Payment of fee to Division if dog determined to be potentially dangerous dog or vicious dog.

(a)

The owner of a dog determined to be a potentially dangerous in accordance with Section 4470-6 shall pay a fee to the Division in the amount set by resolution of the Board of Supervisors to reimburse the licensing authority for maintaining records of the dog's designation as a potentially dangerous dog, and for the Division's oversight and inspections subsequent to such designation.

(b)

The owner of a dog determined to be vicious in accordance with Section 4470-6 shall pay a fee to the Division in the amount set by resolution of the Board of Supervisors to reimburse the licensing authority for maintaining records of the dog's designation as vicious and for the Division's oversight and inspections subsequent to such designation.

(Ord. No. 4587, § 1, 10-19-2021)

4470-16 - Follow-up hearing dates.

The administrative hearing officer or judicial officer who heard the petition to determine if a dog is potentially dangerous or vicious may schedule follow-up hearing dates to ensure compliance with all conditions imposed.

(Ord. No. 4587, § 1, 10-19-2021)

4470-17 - Violation of conditions constitutes a misdemeanor.

The failure to comply with any condition ordered by the administrative hearing officer or judicial officer is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment in the County jail for a period not to exceed six (6) months, or by both the fine and imprisonment.

(Ord. No. 4587, § 1, 10-19-2021)

4470-18 - Injunctive relief.

A violation of any part of any administrative decision or court order may be the subject of a civil action for injunctive relief to enjoin the person who violated the decision or order. The filing and prosecution of an action for injunctive relief does not limit the authority or ability of the Division to take any other action permitted by law.

(Ord. No. 4587, § 1, 10-19-2021)