Watsonville Municipal Code Art. 9 Potentially Dangerous Dogs and Vicious Dogs

California Food and Agriculture Code Sections 31601 through 31683 shall be operative in the City of Watsonville for the control of potentially dangerous dogs and vicious dogs except as modified below.

(§ 2, Ord. 770-88 C-M, eff. February 11, 1988, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009)

In addition to any conditions ordered by any court, any person who has possession of a dog that has been declared a potentially dangerous dog or vicious dog at a hearing shall comply with the following conditions:

(a) Such dog shall be properly licensed, micro-chipped, and vaccinated at the owner’s expense, prior to the release to the dog’s owner or custodian or within fifteen (15) days if the dog is not in the custody of Animal Control. The licensing authority shall include the potentially dangerous designation in the registration records of the dog.

(b) Such dog, while on the owner’s property, shall, at all times, be kept indoors, or in a securely fenced area from which the dog cannot escape, and into which children cannot enter or trespass. The area must be kept locked at all times with a substantial lock. The fencing and other components of the confinement shall be maintained in good order to prevent escape and to prevent children from entering or trespassing.

(c) Such dog may be off the owner’s premises only if it is restrained by a substantial leash, not exceeding six (6) feet in length, and if it is under the control of a responsible adult who is capable of restraining and controlling the dog.

(d) Such dog must be maintained in a yard or enclosure which must be inspected and approved in writing by the Director of Animal Control prior to release of the dog to its owner or custodian if the dog is in the custody of the Director of Animal Control.

(e) At no time may a potentially dangerous dog or vicious dog be left unattended while off the owner’s premises unless boarded at a veterinary hospital or at a licensed boarding kennel if the owner has informed such facility that the dog has been designated as a potentially dangerous dog or vicious dog and the facility is able to properly confine such dog.

(§ 2, Ord. 770-88 C-M, eff. February 11, 1988, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009)

Owners or custodians of potentially dangerous dogs or vicious dogs are subject to the following legal duties:

(a) The owner or custodian of the dog shall notify the Director of Animal Control immediately if the dog is at large or has bitten or attacked any person or animal.

(b) The dog must be spayed or neutered at the expense of the owner prior to the release of the dog to its owner or custodian unless such person holds an unaltered animal certification for the animal issued pursuant to Section 6-1.1002.

(c) A potentially dangerous dog or vicious dog shall be required to wear at all times a bright fluorescent collar visible at fifty (50) feet in normal daylight, which will be provided by the Director of Animal Control at the owner’s expense. The collar shall be maintained in such a manner that the color is visible and shall be worn in such a manner that is clearly visible.

(d) The owner or custodian of a potentially dangerous dog or vicious dog, which has been involved in injury to a human, shall be required to maintain general liability insurance or post bond covering property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of $100,000.00 per occurrence, and will be required to show proof of such insurance no more than 30 days after the court has made its determination.

(e) The owner or custodian of a potentially dangerous dog or vicious dog must give written notice of the potentially dangerous dog or vicious dog determination to all of the following entities that apply: local law enforcement agency, fire department, United States Post Office (local branch), all utility companies which provide services to the premises where the dog is kept, veterinarian, grooming facility, homeowner’s or renter’s insurance carrier and landlord. The notice shall include all of the following: owner(s) name(s), address, telephone number, a description of the actions of the dog that resulted in the declaration, the designation (“potentially dangerous dog or vicious dog”), description of dog, breed, color(s), markings, name, and location(s) on property that dog is kept. The owner or custodian shall provide a copy of such notice to the Director of Animal Control within thirty (30) days after the court determination that the dog is a potentially dangerous dog or vicious dog.

(f) The owner or custodian of a dog declared to be a potentially dangerous or a vicious dog after a hearing shall post one or more signs on the premises at a location or locations that would be visible to anyone entering the property at normal access points stating, “A dog which has been determined to be dangerous or vicious lives on this property.” The signs shall be in both English and Spanish.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009, as amended by § 1, Ord. 1256-10 (CM), eff. May 27, 2010)

Whenever a dog suspected of being a potentially dangerous dog or vicious dog is reported, the Director of Animal Control shall investigate the circumstances and if found that the animal shows a propensity to attack, bite, inflict injury to a human or domesticated animal, or harass people or other animals without provocation, the Director of Animal Control shall notify the owner in writing, stating all the facts and circumstances. The Director of Animal Control may order that the animal be kept within a substantial enclosure or securely fenced area from which the dog cannot escape, and into which children cannot enter or trespass, securely leashed or otherwise controlled. If the owner of the dog cannot provide restraint as so directed by the Director of Animal Control within 48 hours, the animal shall be temporarily impounded at the expense of the owner pending the outcome of a potentially dangerous dog or vicious dog hearing.

(§ 2, Ord. 770-88 C-M, eff. February 11, 1988, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009)

The Director of Animal Control shall report in writing to the Chief of Police concerning any dog the Director of Animal Control is informed or believes to be a potentially dangerous dog or vicious dog or an owner who is in violation of Section 6-1.902 of this article and may issue a citation to the owner and/or impound the dog in the interests of public safety at the expense of the owner of the dog.

(a) Within ten (10) days after the receipt of such report, or five (5) days in the event of the impoundment of the dog, the Chief of Police or designee shall set a date and time for a public hearing to determine whether such dog is a vicious dog as defined in Section 1-6.901 of this article. Ten (10) days’ written notice of the time and place for the hearing shall be given to the owner by mail or personal service.

(b) When any dog is in the custody of Animal Control for the purpose of a hearing to determine if it is potentially dangerous or vicious, all applicable charges for services performed by the Director of Animal Control pursuant to this article and all fines shall be paid prior to the release of such dog to its owner or custodian. If said charges are not paid or the dog is not claimed within fourteen (14) days after the dog is available to be released to its owner, the date the services are performed, or the order is issued, the dog shall be deemed to be abandoned by the owner, and thereafter subject to disposal. Any dog so abandoned is not adoptable and shall be humanely euthanized by the Director of Animal Control.

(c) The Chief of Police or his designee shall preside at the hearing and shall summon witnesses, administer oaths, hear testimony, and determine whether the dog is a potentially dangerous dog or a vicious dog.

(d) In determining whether the dog is a potentially dangerous dog or vicious dog, the Chief of Police or designee shall consider evidence concerning any bite committed upon any person by the dog; provided, however, such evidence shall not be exclusive. A dog may be shown to be vicious even though it is not proven to have bitten any person upon evidence that establishes any standard set forth in Sections 6-1.113 and 6-1.116 of this chapter. The Chief of Police or designee shall also consider any assault upon any person or other animal by the dog, any incident of harassment by the dog, the circumstances surrounding any incident indicating the temper or viciousness of the dog, and the general reputation of the dog in the community with respect to its temper and viciousness. The Chief of Police shall also consider any provocation which may have caused the dog to exhibit ferocious or vicious characteristics.

(e) If the dog is determined to be a potentially dangerous dog or vicious dog, the Chief of Police or designee may grant a permit for possessing a vicious dog, or potentially dangerous dog in accordance with the provisions in this article.

(f) If the dog is determined to be a vicious dog, the Director of Animal Control may request such dog be humanely euthanized after the expiration of the appeal period set forth in Chapter 4 of Title 1 of this Code. Such request will be made at the time of the hearing. A hearing officer or judge may order a dog be humanely euthanized upon making a determination that the dog is vicious.

(§ 2, Ord. 770-88 C-M, eff. February 11, 1988, as amended by § 1, Ord. 1250-09 (CM), eff. December 10, 2009. Formerly 6-1.903)

(a) Any dog that has been designated as a potentially dangerous dog or vicious dog in any other jurisdiction and has been moved to Santa Cruz County shall be subject to all of the provisions of the prior order and shall be maintained in compliance with all the provisions of this article.

(b) Any dog determined to be potentially dangerous or vicious anywhere in Santa Cruz County will retain that designation for the remainder of its life. An owner may however petition the court having jurisdiction over the matter after the initial 36-month period to submit evidence to support a change or modification of the condition.

(c) An additional fee for initial registration shall be charged. The annual dog license fee for a potentially dangerous dog or vicious dog shall be greater than a non-potentially dangerous or non-vicious dog license. The additional fee shall be used to defray the cost of record keeping, inspections and administration of potentially dangerous and vicious dog program. The amount of the initial registration fee and dog license fee shall be set by resolution of the Council.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

It shall be within the authority of the Director of Animal Control to require a dog determined to be a potentially dangerous dog or vicious dog to also be properly muzzled when off its owner’s property to prevent harm or injury to the public.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)

An owner or keeper of a dog, who willfully suffers it to go at large, or keeps it without ordinary care, and the animal while at large off the owner’s or keeper’s property bites a person, engages in behavior that requires a person to take defensive action to prevent physical injury, or which inflicts injury, kills, or otherwise causes injury to any domestic animal, is guilty of a misdemeanor. Upon conviction the owner or keeper must keep the dog or dogs, involved in the incident(s), which resulted in the conviction, in compliance with the requirements of Section 6-1.902. Upon conviction of a violation of this article the court may order any other conditions to protect public safety including destruction of the dog(s). Upon conviction of a violation of this article the court shall order restitution to the investigating agency for the cost of investigation, impound and holding of the dog(s) and to the victim for the treatment of injuries or other damages.

(a) The failure of an owner or custodian of a dog, declared to be potentially dangerous or vicious at a hearing pursuant to this chapter, or to comply with any of the conditions of any court order, this article, or conditions imposed by the court is guilty of a misdemeanor punishable as provided in this Code.

(b) If upon receiving written notification the owner fails to restrain or control a potentially dangerous dog or vicious dog, as ordered by the Director of Animal Control, the owner is guilty of a misdemeanor punishable as provided in this Code and the Director of Animal Control is empowered to seize and impound the animal at the expense of the owner pending the outcome of a potentially dangerous and vicious dog hearing. The District Attorney has the discretionary authority to make violations of this article an infraction if the circumstances warrant such an action.

(§ 1, Ord. 1250-09 (CM), eff. December 10, 2009)