(A) Actions. If the Animal Control Supervisor determines an animal to be vicious, he or she may order any of the following actions, or a combination of them:
(1) Any action set forth for a potentially dangerous animal, under § 6-1.804 above, except that the fine is up to $1,000; (See Cal. Food and Agric. Code § 31662.)
(2) Order the owner to surrender it to the Animal Services Officer for euthanizing; (See Cal. Food and Agric. Code § 31645.)
(3) Order that the owner may not own or possess any dog or other animal for a 36-month period; (See Cal. Food and Agric. Code § 31646.)
(B) Findings. Before allowing a person to keep a vicious animal, the Animal Control Supervisor must make all of the following findings:
(1) Allowing the person to keep the animal will not result in any detriment or danger to the peace, health or safety of the people in the vicinity of where the animal will be kept;
(2) Possession and maintenance of the animal at the location has not resulted in and is not likely to result in the animal being subjected to neglect, suffering, cruelty or abuse;
(3) The location is kept clean and sanitary, and the animal is provided with adequate food, water, ventilation, shelter and care at all times.
(4) Possession of the animal at the location does not violate any law, code or regulation; and
(5) The animal will not be kept at any other location than that specified in the order.
(C) Euthanizing dangerous dog or animal.
(1) A dog or animal determined to be vicious may be euthanized by the Animal Control Department when it is found that the release of the animal would create a significant threat to public health, safety and welfare; and:
(a) When the time for filing an appeal with the Board of Administrative Appeals has lapsed;
(b) If an appeal is filed, when the Board determined to rule against the appeal; or
(c) If the owner has not met the conditions imposed on releasing a vicious animal within 14 days.
(2) If there is a violation of this chapter, or a violation of any nonappealable order under this chapter after release of the animal that is observed by the Animal Services Officer, or sworn to in a written affidavit from a complaining party, the Animal Services Officer shall issue an order for the owner or possessor of the vicious animal to surrender the vicious animal to the Animal Control Supervisor for euthanizing. This order is subject to the appeal provisions set forth in Title 1, Chapter 4 of the Antioch Municipal Code.
(Ord. 2083-C-S, passed 4-8-14)