§ 10.37

When probable cause exists to believe that the a dog poses an immediate threat to public safety, an animal control or law enforcement officer may pending an administrative hearing to be held pursuant to Chapter 10.37, Potentially Dangerous and Vicious Dogs, of Division 1 of Title 10 of the Los Angeles County Code:

4. Editor's Note: The amendment to section 9.48.010 of the Animal Control Ordinance are included as an attachment to this title.

Downloaded from https://ecode360.com/WE5031 on 2026-07-07

City of West Hollywood, CA

WEST HOLLYWOOD CODE

§ 9.48.040

§ 9.48.040

• a. Seize and impound the dog. The owner or custodian of the dog shall be liable for the impound fee and costs if the dog is determined to be potentially dangerous or vicious. The fees and costs must be paid before the release of the dog, but no later than 14 days after the dog is available to be released; or

• b. Order containment of the dog. When a person having the care, custody and control of a dangerous dog receives a notice from any animal control or law enforcement agency ordering containment of the dog, that person must keep the dog securely restrained on his or her premises either by use of a chain attached to the dog's collar or harness, or within an enclosure sufficiently strong enough to prevent the dog from escaping. The dog may be required to wear a bright reflective collar visible at 50 feet in normal daylight, which will be provided by the department at the owner or custodian's expense. The dog may be off the owner or custodian's premises only if it is muzzled and restrained by a substantial leash, not exceeding six feet in length, and if it is under the control of an adult capable of restraining and controlling the dog. At no time may the dog be left unattended while off the owner or custodian's premises.

• A. Hearing. If an animal control or a law enforcement officer has investigated and determined that there is probable cause that a dog is potentially dangerous or vicious, the Director may petition the Superior Court, within the judicial district where the dog is owned or kept, for a hearing, or serve a petition for an administrative hearing, to determine whether the dog should be declared potentially dangerous or vicious.

• B. Notice of Hearing and Petition. Whenever possible, a complaint from a member of the public that serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause will be sworn to and verified by the complainant and attached to the petition. The Director must notify the owner or custodian of the dog that a hearing in the Superior Court or an administrative hearing will be held, at which time the owner or custodian may present evidence as to why the dog should not be declared potentially dangerous or vicious. The Director will serve the owner or custodian of the dog with notice of the hearing and a copy of the petition, either personally or by first class mail. The hearing will be held promptly between 5 and 10 working days after the service of the notice upon the owner or custodian of the dog. For purposes of this chapter, service is complete upon deposit of the document(s) in the mail or when the documents are personally served.

• C. Conduct of Hearing. The hearing will be conducted as an administrative hearing, or a limited civil case under Code of Civil Procedure Section 85, et seq., open to the public. The judicial officer or administrative hearing officer will admit all relevant evidence, including incident reports and the affidavits of witnesses. A jury will not be available. The judicial officer or administrative hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and will make other orders or findings required or authorized by this chapter. The judicial officer or administrative hearing officer may decide all issues for or against the owner or custodian of the dog even if the owner or custodian fails to appear at the hearing.

The following evidence shall be considered in the determination of whether a dog is potentially dangerous or vicious and if so, what remedy should be imposed pursuant to the provisions of this chapter:

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.48.040

§ 9.48.050

1. The dog's history of violent or threatening behavior;

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

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

4. The existence of any provocation for the attack;

5. The existence of evidence, including the dog's behavior, that the dog has been trained for fighting or attack;

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

7. Whether the dog can be effectively trained or re-trained to change its temperament or behavior;

   8. Evidence concerning the manner in which the dog is kept, treated and maintained; or

   9. Any other relevant evidence pertaining to the dog and its propensity for violence.

• D. Administrative Hearing Officer. The hearing will be conducted by a neutral hearing officer. The Department 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 seizure or impoundment of the dog, and is not junior in rank to that person(s). In the alternative, the Department may use the services of a hearing officer from outside the Department.

• (Prior code § 3303; Ord. 85-85 § 1, 1985; Ord. 85-93 § 1, 1985; Ord. 86-125 § 1, 1986; Ord. 87-158 § 1, 1987; Ord. 91-288 § 1, 1991; Ord. 92-344 § 1, 1992; Ord. 99-549 § 2, 1999; Ord. 02-636 §§ 2-22, 2002; Ord. 17-1003 § 4, 2017)