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1 (3) Any dog that, when unprovoked, on two separate occasions within the prior 36 - month period, has seriously bitten, inflicted injury, or otherwise caused injury attacking a 2 domestic animal off the property of the owner or keeper of the dog. (4) Any dog that in a threatening or annoying manner barks, snarls or menaces a 3 person or persons within the City. 4 (i) Severe Injury. "Severe injury" means any physical injury that results in muscle tears 5 or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. 6 (j) Vicious Dog. 'Vicious dog" means any of the following: 7 (1) Any dog 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 8 Code. (2) Any dog that, when unprovoked, in an aggressive manner, inflicts severe injury on 9 or kills a human being or domestic animal. 10 (3) Any dog previously determined to be and currently listed as a potentially dangerous dog that, after its owner or keeper has been notified of this determination, continues the 11 behavior described in Section 7.10.010, subdivision (h) or is maintained in violation of Sections 7.10.080, 7.10.090, or 7.10.100. 12 13 7.10.020 Nonapplication of Chapter. This chapter does not apply to: (a) Licensed kennels, humane society shelters, animal control facilities, or 14 veterinarians; or (b) Dogs while utilized by any police department or any law enforcement officer in the 15 performance of police work. 16 In addition, no dog may be declared potentially dangerous or vicious if: (a) Any injury or damage is sustained by a person who, at the time the injury or damage 17 was sustained, was committing a willful trespass with the intent to commit a crime or other tort (other than a mere trespass) upon premises occupied by the owner or keeper of the 18 dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or 19 attempting to commit a crime; or (b) The dog was protecting or defending a person within the immediate vicinity of the 20 dog from an unjustified attack or assault; or (c) An injury or damage was sustained by a domestic animal which at the time the 21 injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog; or 22 (d) 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 the property of, or under 23 the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. 24 25 7.10.030 Seizure and impoundment pending hearing. (a) If upon investigation it is determined by the animal control officeror law enforcement 26 officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and 27 impound the dog pending the hearings to be held pursuant to this Chapter. In such event, 28 the Animal Control Department or Chief of Police shall, not later than 10 working days following the seizure and impoundment, petition the Hearing Entity for a determination of the dog as potentially dangerous or vicious at the next available regularly scheduled RVPUBVSB\629353 -4-