(A) Determination. In making a determination regarding whether the animal is potentially dangerous or vicious, the Animal Control Supervisor shall take into account the severity of the injury, the number of attacks, and the circumstances. No dog or animal may be declared potentially dangerous or vicious if:
(1) The injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the owner's premises, or was teasing, tormenting, abusing or assaulting it, or was committing or attempting to commit a crime.
(2) If it was protecting or defending a person within the immediate vicinity of the dog or animal from an unjustified attack or assault.
(3) Any other exception applies under Cal. Food and Agric. Code § 31626.
(B) Notice to owner; appeal.
(1) The Animal Control Supervisor or law enforcement officer shall attempt to notify the animal owner of the animal in writing of the impoundment and of the determination that the dog or animal is determined to be potentially dangerous or vicious. The notification shall include any requirements to be imposed upon the restraint and enclosure of the animal, or if the animal is proposed to be euthanized. The city may also notify the property owner, police department, fire department, post office and any utility companies of the determination and any requirements.
(2) The notice shall also contain information that the officer's determination may be appealed to the Board of Administrative Appeals, within the time specified in Municipal Code Title 1, Chapter 4, Appeals. The procedures and appeal period shall comply with Cal. Food and Agric. Code §§ 31621 through 31625.
(3) The Board of Administrative Appeals may decide all issues for or against the owner of the animal, even if the owner does not appear at the hearing. (See Cal. Food and Agric. Code § 31623.)
(4) The decision of the Board of Administrative Appeals may be appealed to the superior court under Cal. Food and Agric. Code § 31622.
(C) Permit. If not euthanized, an animal designated potentially dangerous or vicious may only be owned, kept or maintained upon issuance of a potentially dangerous or vicious animal permit. The Animal Control Supervisor shall impose conditions upon the ownership and custody of the dog or animal that protect the public health, safety and welfare. (See § 6-1.804.) The animal owner shall notify the Animal Control Supervisor within two working days if the animal dies or is sold, transferred or permanently removed from the city. (See Food and Agric. Code § 31643.) The owner is responsible for notifying the subsequent owner of the potentially dangerous or vicious designation.
(D) Violation of conditions. If a determination is made that the owner of the potentially dangerous or vicious animal has violated the conditions of a potentially dangerous or vicious dog permit, the permit is immediately revoked and the animal may be euthanized at the discretion of Animal Control.
(Ord. 2083-C-S, passed 4-8-14)