2002 ORD O-05-02 - Laserfiche WebLink

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1 (a) Licensed kennels, humane society shelters, animal control facilities, or veterinarians; or (b) Dogs while utilized by any police department or any law enforcement officer in the 2 performance of police work. In addition, no dog may be declared potentially dangerous or vicious if - 3 (a) Any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass with the intent to commit a crime or other tort (other 4 than a mere trespass) upon premises occupied by the owner or keeper of the dog, or was teasing, 5 tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime; or (b) The dog was protecting or defending a person within the immediate vicinity of the dog from 6 an unjustified attack or assault; or (c) An injury or damage was sustained by a domestic animal which at the time the injury or 7 damage was sustained was teasing, tormenting, abusing, or assaulting the dog; or (d) The injury or damage to a domestic animal was sustained while the dog was working as a 8 bunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to 9 the work of the dog. 10 7.10.030 Seizure and impoundment pending hearing. 11 (a) If upon investigation it is deten-nined by the animal control officer or law enforcement officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, 12 then the animal control officer or law enforcement officer may seize and impound the dog pending the hearings to be held pursuant to this Chapter. In such event, the Animal Control Department or 13 Chief of Police shall, not later than 10 working days following the seizure and impoundment, petition the Hearing Authority for a determination of the dog as potentially dangerous or vicious at 14 the next available regularly scheduled meeting of the Hearing Authority. The owner or keeper of the 15 dog shall be liable to the Animal Control Department where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious. 16 (b) When a dog has been impounded pursuant to subdivision (a) and it is not contrary to public 17 safety, the Animal Control Department shall permit the animal to be confined at the owner or keeper's expense in a Department approved kennel or veterinary facility. 18 7.10.040 Hearing on declaration of dog as potentially dangerous or vicious. If an animal 19 control officer or a law enforcement officer has investigated and determined that there exists 20 probable cause to believe that a dog is potentially dangerous or vicious, an animal control officer of the Animal Control Department or the Chief of Police may petition the Hearing Authority for the 21 purpose of deten-nining whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public which serves as 22 the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The Animal 23 Control Department or the Chief of Police shall notify the owner or keeper of the dog that a bearing will be held by the Hearing Authority at which time he or she may present evidence as to why the 24 dog should not be declared potentially dangerous or vicious. The owner or keeper of the dog shall be 25 served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. The bearing shall be held no fewer than five working days after 26 service of notice upon the owner or keeper of the dog. For purposes of this Section, service shall be deemed complete upon personal service on the owner or keeper or, if service is effectuated by mail, 27 the service shall be deemed complete 5 days after deposit in the mail if the owner or keeper's address is within the State of California, 10 days if the owner or keeper's address is outside the State of 28 California but within the United States, and 20 days if the owner or keeper's address is outside the United States. The bearing shall be open to the public. The Hearing Authority may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the RVPUB\JSB\630393 4-