Windsor Municipal Code Art. 11 Potentially Dangerous and Vicious Dogs

The purpose of this article is to establish a program for the control of potentially dangerous and vicious dogs within the Town that incorporates Chapter 9 (commencing with Section 31601) of Division 14 of the Food and Agricultural Code. This article does not apply to hobby kennels, commercial kennels, human society shelter, the Town Animal Shelter, veterinarians, or to dogs while utilized by the Police Department or any law enforcement officer in the performance of police work.

(Ord. No. 92-22 § 2 (part); Ord. No. 98-107 § 17; Ord. No. 2006-206 § 3 (part))

If an Animal Control Officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the Animal Control Officer shall petition the superior court for a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious. A proceeding under this section is a limited civil case. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal regulation officer to find probable cause shall be sworn and verified by the complainant and shall be attached to the petition. The Animal Control Officer shall notify the owner of the animal that a hearing will be held by the court at which time such owner may present evidence as to why the animal should not be declared potentially dangerous or vicious. The owner of the animal 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 of the dog. The hearing shall be open to the public. The court may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. A jury shall not be available. The court may find, upon a preponderance of the evidence, that the animal is potentially dangerous or vicious and make other orders authorized by this article and State law. The court may decide all issues for or against the owner of the animal even if such owner fails to appear at the hearing. If the court rules the animal to be potentially dangerous or vicious, the court may establish a time schedule to ensure compliance with this article and State law, 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. The determination of the court shall be final and conclusive upon all parties.

(Ord. No. 92-22 § 2 (part); Ord. No. 2006-206 § 3 (part))

a. If upon investigation it is determined by an Animal Control Officer that probable cause exists to believe a dog is potentially dangerous or vicious and poses an immediate threat to public safety, then the officer may seize and impound the dog pending the hearings to be held pursuant to this article. The owner of the dog shall be liable to the division for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious.

b. When a dog has been impounded pursuant to subsection a of this section and it is not contrary to public safety, the Animal Control Officer shall permit the dog to be confined at the owner's expense in a commercial kennel or veterinary facility approved by the Animal Control Officer.

(Ord. No. 92-22 § 2 (part); Ord. No. 2006-206 § 3 (part))

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 of the 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 property of, or under the control of, its owner, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(Ord. No. 92-22 § 2 (part); Ord. No. 2006-206 § 3 (part))

a. A dog determined to be a potentially dangerous dog, shall be placed on a list of potentially dangerous dogs by the Animal Control Officer and shall be maintained by the owner as follows:

1. A potentially dangerous dog shall be properly licensed and vaccinated. The Animal Control Officer shall include the potentially dangerous designation in the registration records of the dog and shall charge a potentially dangerous dog fee, the amount of which shall be established pursuant to Section 3-4-115, in addition to the license fee required in Section 3-4-515.

2. A potentially dangerous dog, while on the owner's premises, shall, at all times, be kept indoors, or in a secure enclosure. A potentially dangerous 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 it is under the control of a responsible adult.

3. If a potentially dangerous dog dies, or is sold, transferred, or permanently removed from the Town, the owner shall notify the Animal Control Officer of the changed conditions and new location of the dog in writing within two (2) working days after such change.

b. If there are no additional instances of the behavior described in the definition of "Potentially Dangerous Dogs," within a thirty-six (36) month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs by the Animal Control Officer. 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 satisfaction of the Animal Control Officer that changes in circumstances or measures taken by such owner, such as training of the dog, have mitigated the risk to public safety.

(Ord. No. 92-22 § 2 (part); Ord. No. 2006-206 § 3 (part))

a. A dog determined to be vicious dog may be humanely destroyed by the Animal Control Officer when it is found, after proceedings conducted pursuant to this article, 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 court shall impose conditions upon the ownership of the dog that protect the public health, safety and welfare, including reserving jurisdiction to order destruction of the dog upon any further violation of this article or State law. Any enclosure that is required as a condition of ownership shall be a secure enclosure. A vicious dog shall be properly licensed and vaccinated. The Animal Control Officer shall include the vicious designation in the registration records of the dog and shall charge a vicious dog fee, the amount of which shall be established pursuant to Section 3-4-115 in addition to the license fee required in Section 3-4-515. Dogs declared vicious may not be kept on premises where minor children reside or are present.

c. The owner of any dog determined to be vicious that is not destroyed shall present proof acceptable to the Animal Control Officer that the owner has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.00) covering any damage or injury which may be caused by the vicious dog. Such liability shall not be cancelled, unless the owner shall cease to own the animal prior to expiration of that license. Coverage shall be evidenced by an endorsement by the insurer will provide the Town at least thirty (30) days advance notice of cancellation.

(Ord. No. 92-22 § 2 (part); Ord. No. 2006-206 § 3 (part))

The owner of a dog determined to be a vicious dog shall be prohibited from owning, possessing, controlling, or having custody of any dog for a period of three (3) years, when it is found, after proceedings conducted pursuant to this article that ownership or possession of a dog by that person would create a significant threat to the public health, safety and welfare.

(Ord. No. 92-22 § 2 (part); Ord. No. 2006-206 § 3 (part))

The owner of any dog found potentially dangerous or vicious pursuant to this chapter shall, at his or her expense, have a microchip assigned by the animal control services, implanted into the dog for identification purposes. The identifying information listed on the microchip shall be noted in the licensing files for that dog. A dog that has been found to be potentially dangerous or vicious pursuant to this chapter shall be sterilized at the owner's expense.

(Amended by Ord. No. 2006-206 § 3 (part))

No dog found to be potentially dangerous or vicious pursuant to this chapter shall be owned by a minor.

(Ord. No. 2006-206 § 3 (part))