(A) Purpose. The purpose of this article is to reduce the risk of serious attacks or bites by dogs or other animals. This article sets forth the procedures for finding an animal potentially dangerous or vicious and subject the animal to appropriate controls and enforcement actions. (See Cal. Health and Safety Code §§ 31601 et seq.; Cal. Food and Agric. Code §§ 31601 through 31683.)
(B) Definitions. For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.
POTENTIALLY DANGEROUS DOG OR ANIMAL.
Any of the following, as determined by the city:
(a) A dog or other animal which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by a person or another animal to prevent bodily injury when the person and the dog are: off the property of the dog's owner; or on the property of the dog's owner by invitation or with implied permission. (See Cal. Food and Agric. Code § 31602);
(b) A dog or animal which, when unprovoked, bites a person causing a less severe injury than as defined here as a
SEVERE INJURY
(Cal. Food and Agric. Code §§ 31602 and 31064); or
(c) A dog or animal which, when unprovoked, has bitten, inflicted injury or otherwise caused injury attacking a domestic animal. (See Cal. Food and Agric. Code § 31602.)
SECURE ENCLOSURE.
A kennel, pen or structure with secure sides and a secure, attached top. The kennel or pen shall be constructed in a manner so that it cannot be broken down by any action of the confined animal. All structures used for confinement of a vicious animal must be locked with a key or combination lock of sufficient strength to ensure confinement of the animal. The structures must be erected on a secure bottom or floor constructed of concrete or other material sufficient to prevent the animal from digging free. A vicious animal enclosed in a house, apartment, building or similar structure is allowed only where the windows and doors of the structure are secured to prevent the animal from exiting without the assistance of the owner or other person in control. (See also Cal. Food and Ag. Code § 31605.)
SEVERE INJURY.
A physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. (See Cal. Food and Agric. Code § 31604.)
VICIOUS DOG OR ANIMAL.
Any of the following, as determined by the city:
(a) A dog or animal seized under Cal. Penal Code § 599aa and upon the sustaining of a conviction of the owner under Cal. Penal Code § 597.5;
(b) A dog or animal which, when unprovoked, in an aggressive manner inflicts severe injury on or kills a person or a domestic animal;
(c) A dog or animal previously determined to be and currently listed as a potentially dangerous dog or animal which, after its owner has been notified of this determination: continues the behavior described as a potentially dangerous dog or animal; or is not kept indoors or secured on the owner's property. Here,
SECURED
means contained within a fence or structure suitable to prevent the entry of young children and to confine a potentially dangerous or vicious dog or animal, designed to prevent the animal from escaping. (See Food and Agric. Code §§ 31603, 31641, 31642 or 31643.)
(C) Other definitions in § 6-1.102 also apply unless the context indicates or requires a different meaning.
(Ord. 2083-C-S, passed 4-8-14)