Williams Municipal Code Ch. 6.32 Potentially Dangerous and Dangerous Animals

A. "Potentially dangerous animal" means any of the following:

1. Any animal which, when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the property of the owner or keeper of the animal;

2. Any animal which, when unprovoked, bites a person causing a less severe injury than is defined in Section 31604 of the California Food and Agricultural Code;

3. Any animal which, when unprovoked, on two separate occasions within the prior thirty-six-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 animal.

B. "Vicious animal" means any of the following:

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

2. Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury, as defined in Section 31604 of the California Food and Agricultural Code, on or kills a human being;

3. Any animal previously determined to be and currently listed as a potentially dangerous animal which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31641, 31642, or 31643 of the California Food and Agricultural Code.

(Ord. 154-07 § 3(part), 2007).

A. Animal control officers are authorized to determine whether any animal has engaged in the behaviors specified in Section 6.32.010.

B. When an animal control officer has reason to believe that an animal is vicious or potentially dangerous, the officer shall conduct an investigation to determine whether there is sufficient evidence to support classifying the animal as a vicious or potentially dangerous animal. The evidence shall include observations and testimony by animal control officers or other witnesses who personally observed the animal's behavior. The evidence may include testimony about the animal's upbringing and the owner's or keeper's control of the animal.

C. If the animal control officer determines sufficient evidence exists to classify an animal as vicious or potentially dangerous, he or she must consider the existence of any mitigating circumstances described in Section 6.32.120 or in an administrative regulation promulgated by the city manager, if one exists, before reaching a determination; however, the existence of mitigating circumstances shall not require the officer to refrain from classifying an animal vicious or potentially dangerous.

D. When a vicious or potentially dangerous animal classification determination is based solely on the uncorroborated testimony of the victim or a witness other than a law enforcement officer, the testimony must be contained in a written statement signed under penalty of perjury.

E. Once the animal control officer determines an animal should be classified under Section 6.32.010, he or she must serve the owner or keeper of the animal with a notice of classification.

F. The city administrator may establish administrative regulations for the classification of vicious or potentially dangerous animals.

(Ord. 154-07 § 3(part), 2007).

A. If the owner or keeper disputes a classification determination under Section 6.32.020, an impoundment under Section 6.32.100, the destruction of a dog under Section 6.32.200, or a restriction on possession or control of a dog under Section 6.32.140, he or she must deliver a written request for a hearing within seven calendar days of notice or else waive any further right to contest the action. The request must be delivered to the city clerk. The request must state in detail the factual basis to contest the action and describe in detail any claimed affirmative defense or mitigating circumstance.

B. If a timely request for hearing is submitted in accordance with subsection A, the city clerk shall schedule a hearing under Section 6.32.050 within ten calendar days of receiving the request, or as soon as practical thereafter. Notice of the hearing may be served on both the owner and/or keeper by depositing same in the United States Postal Service mail, first class mail, postage prepaid, at Williams, California.

C. The failure of the owner and/or keeper to actually receive the notice shall not affect in any manner the validity of any proceedings pursuant to this section.

D. The city administrator may promulgate administrative regulations adopting specific forms that must be used when giving notice or requesting a hearing under this article.

(Ord. 154-07 § 3(part), 2007).

A. When another provision of this article requires that notice be given by the city, the notice may be served in any of the following means:

1. Personal service;

2. United States Postal Service mail, first class mail, postage prepaid;

3. Posting the notice conspicuously on or in front of the property where the animal was last known to be kept;

4. If the animal's keeper and the animal's owner are known to the animal control officer or city clerk issuing the notice to be separate individuals residing at different addresses, notice to the owner may be served by regular mail at the owner's last known address provided that notice is also given to the keeper by one of the methods described in subsections (A)(1) through (A)(3).

B. Service by mail in the manner described in this section shall be effective on the date of mailing.

C. Service by means described in subsection (A)(1) or (A)(3) shall be documented in writing by the person giving service.

D. The failure of the owner or keeper to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code.

(Ord. 154-07 § 3(part), 2007).

A. All administrative appeal from actions taken under this article shall be heard as provided by this section. The hearing procedures specified in Food and Agricultural Code Section 31621 are expressly not adopted.

B. At the time and place designated in the notice, the hearing officer shall hear and consider all relevant evidence, including, but not limited to, applicable staff reports, oral evidence, physical evidence and documentary evidence regarding the animal. The hearing may be continued from time to time.

C. Failure of the owner or keeper to appear at the hearing after notice has been served shall be deemed a waiver of the right to a hearing and an admission by the owner or keeper that the animal is potentially dangerous or vicious. Such failure to appear shall also constitute a failure to exhaust available administrative remedies.

D. Unless otherwise provided, the city bears the burden of proof at the hearing. The owner or keeper has the burden of proof to demonstrate the existence of any affirmative defense or any mitigating circumstance that may apply.

E. The hearing shall not be conducted according to the formal rules of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable 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 over the objection in civil actions in courts of competent jurisdiction in this state. However, irrelevant or unduly repetitious evidence may be excluded.

F. A tape recording of the hearing will be made by the hearing officer and provided to the city clerk who shall keep it for not less than one hundred eighty calendar days from the date of the hearing.

G. All persons present at the hearing shall identify themselves, including their name and address, on the record.

H. A formal oath is not required for witnesses to provide testimony.

(Ord. 154-07 § 3(part), 2007).

A. Within ten calendar days after the conclusion of the hearing, the hearing officer shall issue a written determination supported by the weight of the evidence. The failure of the hearing officer to issue a timely decision shall not prejudice the city's right to act in the matter.

B. The hearing officer's determination shall be served on both the owner and the keeper, if applicable, as provided in Section 6.32.040(A)(2).

(Ord. 154-07 § 3(part), 2007).

It shall be an affirmative defense to classification under Section 6.32.020 if at the hearing provided by Section 6.32.050, the animal owner or keeper demonstrates by a preponderance of the evidence that the behavior in question was directed against a wilful trespasser inside a fully enclosed building or fenced area on private property.

(Ord. 154-07 § 3(part), 2007).

A. Any determination made after a hearing under Section 6.32.050 shall be final and conclusive as to the city, and may not be appealed excepted as provided in subsection B. The procedures specified in Food and Agricultural Code Section 31622 for judicial review are expressly not adopted.

B. Judicial review of a final decision under Section 6.32.050 may be had by filing a petition for a writ of mandate in the superior court in accordance with the provisions of the Code of Civil Procedure.

C. An animal determined to be a "vicious animal" shall be destroyed within the time periods specified in Section 6.32.200, notwithstanding that the Code of Civil Procedure may allow a longer time to file a petition for writ of mandate.

D. Unless expressly provided otherwise, the requirements of this article for keeping a potentially dangerous animal are not stayed pending judicial review.

E. After service of a final decision on the parties and upon written request to the city clerk, a complete record of the proceedings shall be prepared and delivered to the owner or keeper of the animal within ten calendar days, or as soon thereafter as reasonably possible. The owner or keeper of the animal may be charged the actual cost of transcribing or otherwise preparing the record.

(Ord. 154-07 § 3(part), 2007).

Any person who shall become the owner or keeper of an animal subsequent to a determination made pursuant to this article that the dog is vicious or potentially dangerous shall, if he or she knows of such determination, comply with all the provisions of this article.

(Ord. 154-07 § 3(part), 2007).

A. An animal classified as vicious under Section 6.32.020 shall be impounded as soon as practical after service of the classification notice. If an animal initially classified as vicious is determined after a hearing under Section 6.32.050 not to be vicious but potentially dangerous, then the dog shall be either released or held impounded as provided in this section. If the animal is determined after a hearing to be neither vicious nor potentially dangerous, the animal shall be released.

B. An animal control officer may impound an animal classified as potentially dangerous when:

1. The officer has probable cause to believe the animal poses an immediate threat to public health or safety; or

2. The owner or keeper of an animal classified as potentially dangerous has received notice of classification and failed to timely comply with any of the requirements or violated any of the prohibitions under this article for keeping a potentially dangerous animal.

C. An animal impounded under subsection B shall be released when:

1. The owner and keeper have complied with Sections 6.32.130 and 6.32.160 and any other conditions imposed by the animal control officer, demonstrated the ability and intent to immediately comply with Sections 6.32.180 and 6.32.190, and paid the costs of impoundment; or

2. The decision maker after a hearing determines that the animal should not be classified as potentially dangerous.

D. Notwithstanding subsection (C)(1), if within thirty days of service of the notice of potentially dangerous animal classification the animal's owner or keeper fails to do any of the following, the animal may be humanely destroyed on not less than seven calendar days' notice to the owner or keeper. The notice may be served as provided in Section 6.32.040, must describe the requirement not complied with, and must notify the owner or keeper of the right to a hearing before the animal's destruction and the process for requesting a hearing.

1. Demonstrate an intention and an ability to immediately comply with this article's requirements for keeping a potentially dangerous animal;

2. Secure the release of his or her animal from impoundment; or

3. Promptly pay impoundment fees as to secure release of the animal.

E. If the animal is found to be vicious or potentially dangerous, the owner and keeper shall be jointly and severally liable to the city, and its agents, for all impoundment costs. No animal for which impoundment costs are due shall be released until the charges have been paid.

F. An owner or keeper may contest the impoundment of a dog under subsection (B)(1) or (2) or the destruction of a dog under subsection D by requesting a hearing as provided in Section 6.32.030. When an owner or keeper timely requests a hearing to contest impoundment under subsection (B)(1) and timely requests a hearing to contest a potentially dangerous animal classification, the superintendent may combine the requests and schedule a single hearing to resolve both requests.

(Ord. 154-07 § 3(part), 2007).

When not contrary to public safety, an animal control officer shall, at the request of an owner or keeper, permit an animal which might otherwise be impounded pursuant to this article to be confined at the owner's expense in a mutually agreed upon, city-approved, kennel or veterinary facility.

(Ord. 154-07 § 3(part), 2007).

Before classifying an animal vicious or potentially dangerous, the following mitigating circumstances, if shown to exist by a preponderance of the evidence, shall be considered. The existence of mitigating circumstances, however, shall not require an animal control officer to refrain from classifying an animal vicious or potentially dangerous. This section does not require an animal control officer or any other city employee to conduct an independent investigation for the purpose of determining whether any mitigating circumstances exist.

A. The person injured or threatened by the animal was at the time:

1. Abusing the animal;

2. Assaulting another person;

3. Committing or attempting to commit either a crime or an intentional property tort on the owner or keeper's property;

4. Acting in concert with another who was committing or attempting to commit any of the acts described in this section.

B. The animal injured or threatened was:

1. Threatening or attacking the animal when it was injured or threatened by the animal;

2. Injured or threatened while the animal was working as a hunting, herding or predator control animal on the property of, or under the control of, its owner or keeper and the animal was a species or type of animal appropriate to the work of the hunting, herding, or predator control animal.

(Ord. 154-07 § 3(part), 2007).

All potentially dangerous animals shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous designation in the registration records of the animal, either after the owner or keeper of the animal has agreed to the designation or the hearing officer or court has determined the designation applies to the animal.

(Ord. 154-07 § 3(part), 2007).

A. The owner or keeper of an animal found to be potentially dangerous under this article must restrain the animal at all times by one of the following methods:

1. Securely confine the animal indoors;

2. Securely confine the animal to the animal owner's or keeper's property or other property with that property owner's permission by means of a fence and in a manner that prevents the animal from reaching adjoining private property or any property used by the public. Where the animal in confined by means of a fenced yard or enclosure, the fence or enclosure must be constructed so as to prevent escape of the animal, and into which children cannot trespass in order to comply with this section;

3. Humanely confine the animal in a vehicle so that it can neither escape nor inflict injury on passersby;

4. Securely restrain the animal by use of a substantial leash, of appropriate length, and under the control of a responsible adult.

B. The animal control officer may impose additional restraint requirements on the owners or keepers of an animal classified potentially dangerous, including requiring the animal be muzzled whenever the animal is not secured indoors. Failure to comply with any order of the animal control officer under this subsection is a violation of this article.

(Ord. 154-07 § 3(part), 2007).

A. The owner or keeper of any animal classified potentially dangerous under this article must notify the animal control officer immediately if the animal is on the loose or unconfined.

B. The owner of an animal classified potentially dangerous under this article must notify animal services within two working days if the animal dies, is sold, transferred, kept at a new location, or the owner or keeper changes addresses. The owner or keeper must provide the new address where the dog is to be kept and of the name, address and telephone number of any new owner. Any new owner applying for a license for an animal classified as potentially dangerous under this article or classified under the laws of any other jurisdiction regulating vicious or potentially dangerous animals, must inform the animal control officer of that fact, if known.

(Ord. 154-07 § 3(part), 2007).

The owner or keeper of an animal found to be potentially dangerous under this article must within five days of the classification or immediately upon relocating the animal to new premises in the city of Williams, whichever is later, display on any premises where the animal is kept a sign, approved by the animal control officer, depicting a menacing dog or animal and warning there is a potentially dangerous dog or animal on the premises. The sign must be visible to the general public.

(Ord. 154-07 § 3(part), 2007).

The owner or keeper of any animal classified potentially dangerous under this article must consent as a condition of licensing the animal as a potentially dangerous animal to inspection by the animal control officer of the property where the animal is kept and of the animal at any reasonable time and in a reasonable manner to verify full compliance with the requirements imposed under this article.

(Ord. 154-07 § 3(part), 2007).

A. The owner or keeper of an animal classified potentially dangerous under this article must within thirty days of service of the classification notice and at his or her own expense have either:

1. An identification number assigned to the animal by a nationally recognized tattoo registry service tattooed permanently on the inner left rear leg of the animal; or

2. An identification microchip embedded under the animal's skin.

B. Compliance with this section shall be stayed upon request for hearing under Section 6.32.030 or the filing of a petition for writ of mandate under Section 6.32.080 to contest the potentially dangerous animal classification.

(Ord. 154-07 § 3(part), 2007).

A. The owner or keeper of an animal classified potentially dangerous under this article must within thirty calendar days of service of the classification notice and at his or her own expense have the animal sterilized by a veterinarian licensed by the state of California and provide satisfactory written proof of completion of the procedure to the animal control officer.

B. Compliance with this section shall be stayed upon request for hearing under Section 6.32.030 or the filing of a petition for writ of mandate under Section 6.32.080 to contest the potentially dangerous animal classification.

(Ord. 154-07 § 3(part), 2007).

A. A dog classified as vicious shall be destroyed after the later of the following dates:

1. The expiration of the time to request a hearing under Section 6.32.030, provided that a hearing is not timely requested;

2. Ten days after service by mail of the administrative hearing decision, unless a written notice of intent to seek judicial review is delivered to the city clerk or a petition of writ of mandate has been filed and a copy delivered to the city clerk;

3. Twenty days after delivery of the notice of intent to seek judicial review of a final decision under Section 6.32.050, unless:

a. An administrative stay under subsection B is granted, then after the expiration of the administrative stay,

b. A court has stayed destruction of the animal pending judicial review, then after the expiration of the court stay, or

c. A petition for writ of mandate has been filed with the superior court and a filed endorsed copy has been served on the city of Williams;

4. If a petition for writ of mandate is filed with the superior court and the superior court upholds the administrative hearing decision, then two days after personal service or seven days after mail service of notice of entry of judgment.

B. An animal owner or keeper may request a temporary stay of the destruction of his or her animal pending the filing of a petition for writ of mandate by filing a written request for stay with the animal control officer and making an advanced payment for kenneling costs. The stay shall be granted and effective for a number of days equal to the number of days of advanced kenneling costs received. If the animal owner prevails in court, the payments shall be refunded. If a writ of mandate is filed before expiration of the stay under this subsection, the balance of the advanced payment shall be refunded pending the final outcome of the matter.

C. The owner and keeper shall be jointly and severably liable to the city of Williams for the cost of impoundment, kenneling, euthanasia, and disposal of the animal's remains.

(Ord. 154-07 § 3(part), 2007).

A. The animal control officer may upon a finding of good cause prohibit for a period of three years the possession or control of any animal by any person who violates the provisions of this article pertaining to the ownership or keeping of an animal classified as potentially dangerous. The restriction will not be effective until the animal control officer provides written notice of the prohibition in the manner described in Section 6.32.040(A)(2), the opportunity to request a hearing under Section 6.32.030 and an opportunity to seek judicial review of the hearing outcome as provided in Section 6.32.080.

B. The animal control officer may upon a finding of good cause prohibit the possession or control of any animal by the owner and keeper of an animal classified as vicious under this article. The restriction will not be effective until the animal control officer provides written notice of the prohibition in the manner described in Section 6.32.040(A)(2), the opportunity to request a hearing under Section 6.32.030 and an opportunity to seek judicial review of the hearing outcome as provided in Section 6.32.080. The person subject to this prohibition may request a hearing under Section 6.32.030 after two years to request the removal of the prohibition. If the person demonstrates by a preponderance of the evidence that he or she, if given the opportunity, is likely to comply with the provisions of this chapter pertaining to the keeping of animals, the animal control officer may remove the prohibition completely or partially remove the prohibition so as to allow the person to possess and control an animal but not possess or control an animal classified as potentially dangerous.

(Ord. 154-07 § 3(part), 2007).

The owner and keeper of any animal found potentially dangerous under this article must, as a condition of licensing and keeping the animal, obtain at the earliest opportunity after receiving notice of the classification but in no event more than seven calendar days after service of the classification notice, and acknowledge in writing receipt of a copy of this article.

(Ord. 154-07 § 3(part), 2007).