Sec. 5-130. - Purpose—Exemptions.

The purpose of this article is to establish a program for the control of potentially dangerous and vicious animals that incorporates Chapter 9 (commencing with Section 31601) of Division 14 of the Food and Agricultural Code. This article does not apply to commercial kennels, pet fancier facilities, veterinarians, or to dogs while utilized by the sheriff, any police department or any law enforcement officer in the performance of police work.

(Ord. No. 5664 § 1(e), 2006; Ord. No. 4782 § 20, 1994: Ord. No. 4653 § 2(v), 1993.)

Sec. 5-131. - Filing petition with court—Hearing.

If an animal regulation officer has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, the director shall petition the superior court for a hearing for the purpose of determining whether or not the animal 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 to and verified by the complainant and shall be attached to the petition. The director 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. 5664 § 1(e), 2006.)

Sec. 5-132. - Reserved.

Sec. 5-133. - Impoundment of animal pending hearings.

(a)

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

(b)

When an animal has been impounded pursuant to subsection (a) of this section and it is not contrary to public safety, the director shall permit the animal to be confined at the owner's expense in a commercial kennel or veterinary facility approved by the director.

(Ord. No. 5664 § 1(e), 2006.)

Sec. 5-134. - Mitigating circumstances.

(a)

No animal 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 animal, or was teasing, tormenting, abusing or assaulting the animal, or was committing or attempting to commit a crime. No animal may be declared potentially dangerous or vicious if the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault. No animal 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 animal.

(b)

No animal may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the animal was working as a hunting animal, herding animal or predator control animal 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 animal.

(Ord. No. 5664 § 1(e), 2006.)

Sec. 5-135. - Disposition of potentially dangerous animals.

(a)

An animal determined to be a potentially dangerous animal, either after the owner of the animal has agreed to the designation, or the court has determined the designation applies to the animal, shall be placed on a list of potentially dangerous animals by the director and shall be maintained by the owners as follows:

(1)

A potentially dangerous animal shall be properly licensed and vaccinated. The director shall include the potentially dangerous designation in the registration records of the animal and shall charge a potentially dangerous animal fee, the amount of which shall be established pursuant to Section 5-4, in addition to the license fee required in Section 5-43

(2)

A potentially dangerous animal, while on the owner's premises, shall, at all times, be kept indoors, or in a secure enclosure. A potentially dangerous animal 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 animal dies, or is sold, transferred or permanently removed from the unincorporated area of the county, the owner shall notify the director of the changed conditions and new location of the animal 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 animal" in Section 5-6 within a thirty-six (36) month period from the date of designation as a potentially dangerous animal, the animal shall be removed from the list of potentially dangerous animals by the director. The animal may, but is not required to be, remove from the list of potentially dangerous animals prior to the expiration of the thirty-six (36) month period if the owner of the animal demonstrates to the satisfaction of the director that changes in circumstances or measures taken by such owner, such as training of the animal, have mitigated the risk to public safety.

(Ord. No. 5664 § 1(e), 2006; Ord. No. 4653 § 2(w), 1993.)

Sec. 5-136. - Disposition of vicious animals.

(a)

An animal determined to be a vicious animal may be humanely destroyed by the division when it is found, after proceedings conducted pursuant to this article, that the release of the animal would create a significant threat to the public health, safety and welfare.

(b)

If it is determined that an animal found to be vicious shall not be destroyed, the court shall impose conditions upon the ownership of the animal that protect the public health, safety and welfare, including reserving jurisdiction to order destruction of the animal 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 animal shall be properly licensed and vaccinated. The director shall include the vicious designation in the registration records of the animal and shall charge a vicious animal fee, the amount of which shall be established pursuant to Section 5-4, in addition to the license fee required in Section 5-43. Animals declared vicious may not be kept on premises where minor children reside or are present.

(c)

The owner of any animal determined to be vicious that is not destroyed shall present proof acceptable to the Director 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 animal. Such liability insurance 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 County at least thirty (30) days advance notice of cancellation.

(Ord. No. 5664 § 1(e), 2006.)

Sec. 5-137. - Restrictions on further ownership of animals.

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

(Ord. No. 5664 § 1(e), 2006.)

Sec. 5-138. - Microchip and sterilization requirement for potentially dangerous and vicious animals.

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

(Ord. No. 5664 § 1(e), 2006.)

Sec. 5-139. - Keeping of potentially dangerous or vicious animals by minors prohibited.

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

(Ord. No. 5664 § 1(e), 2006.)