(a) Exemptions. This section does not apply to humane society shelters, public animal care centers or shelters, veterinarians, or to dogs while used by a law enforcement officer in the performance of police work.
(b) Right of entry and inspection. An authorized employee or agent of the city or a law enforcement officer may enter and inspect private property in the manner as set forth in Section 3.36.070. Upon inspection, the city may act to enforce the provisions of this chapter.
(c) Authority to seize and impound animal posing an immediate threat to public safety.
(1) An animal control or law enforcement officer may seize and impound a dog at large when probable cause exists that the dog poses an immediate threat to public safety. The owner or custodian of the dog is liable for the impound fee and costs if the dog is determined to be potentially dangerous or vicious. The fees and costs must be paid before the release of the dog, but no later than fourteen (14) days after the dog is available to be released.
(2) When a dog has been impounded under subsection (a) and it is not contrary to public safety, the code enforcement officer may allow the animal to be confined at the owner's expense in a city-approved animal or veterinary facility.
(d) Initial administrative review by code enforcement officer of potentially dangerous dog. If grounds exist, the code enforcement officer may impose conditions on the keeping of a potentially dangerous dog in lieu of serving a petition to determine if the dog is potentially dangerous. The code enforcement officer will give written notice to the dog owner or custodian of his intention to impose conditions on the keeping of the dog. Within fourteen (14) days, the owner or custodian may agree to the designation of potentially dangerous dog and to the conditions or may submit a written request for a hearing as provided in this chapter.
(e) Potentially dangerous or vicious dog hearing.
(1) If a code enforcement officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the code enforcement officer shall set a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious.
(2) The code enforcement officer shall notify the owner or keeper of the dog that an administrative hearing will be held by the city, at which time the owner may present evidence as to why the dog in question should not be declared potentially dangerous or vicious.
(3) The owner or custodian of the dog shall be served with notice of the hearing, either personally or by first class mail, or by certified mail at the owner's last known address, not less than five days before the time set for hearing. Service shall be deemed complete at the time notice is personally served or deposited in the mail.
(4) Failure of any person to receive notice shall not affect the validity of any proceedings under this chapter.
(5) The hearing shall be open to the public.
(6) The City Manager or designee shall conduct the administrative hearing.
(7) Notice shall be substantially in the form set forth below:
Notice of Administrative Hearing re: Determination and Disposition of Potentially Dangerous or Vicious Dog. This is a Notice of Hearing before the La Puente City Manager or his designee, to determine whether your dog (name of dog-describe if available) is a potentially dangerous or vicious dog. If your dog is found to be a potentially dangerous and/or vicious dog as defined by La Puente Municipal Code chapter 3.36, the City Manager or other person designated as Hearing Officer, may issue any one or more of the following orders:
(1) The dog shall be properly licensed and vaccinated;
(2) The dog shall be maintained on owner's property and shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. The dog may not be off the owner's premises unless it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult;
(3) If the dog in question dies or is sold, transferred or permanently removed from the City, the owner shall notify the City of the changed condition and new location of the dog within two days in writing;
(4) The dog shall be destroyed;
(5) Owner shall pay any and all costs incurred by the City in the administration of Law Puente Municipal Code chapter 3.36, including, but not limited to, costs incurred by the City for housing, maintenance, feeding and providing care, including medical care, of the dog during such time as the dog is in the custody of the City.
(f) Administrative hearing by City Manager.
(1) At the time stated in the notice, the City Manager or his or her designee, hereinafter referred to as Hearing Officer, shall hear and consider all relevant evidence, objections or protests and shall receive testimony under oath relative to the alleged potentially dangerous and/or vicious animal. The hearing officer may admit into evidence all relevant evidence, including incident reports and affidavits of witnesses. The hearing officer may find, upon a preponderance of evidence, that the dog in question is potentially dangerous or vicious and may make other orders authorized by this chapter. The hearing may be continued from time to time.
(2) If the hearing officer finds by a preponderance of evidence that the animal which is the subject of the hearing is potentially dangerous and/or vicious, the hearing officer shall prepare findings and an order, which shall specify and make specific orders with respect to the dog as authorized by this chapter. A copy of the findings and order shall be served on the owner of the dog in accordance with the provisions of subsection(e).
(g) Appeal procedure. After the hearing is conducted pursuant to this chapter, the owner/keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first class mail postage prepaid. If a determination is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with those orders made by the hearing officer. If the owner or keeper of the dog contests the determination of the hearing officer, he or she may, within five days of receipt of the notice of determination, appeal the decision of the hearing officer. Appeal shall be made to the City Manager. The appellant shall serve personally or by first class mail, postage prepaid, notice of the appeal upon the city.
(h) Consequences of potentially dangerous dog determination. The following conditions apply to a dog determined to be potentially dangerous:
(1) The dog must be properly licensed, microchipped, and vaccinated at the owner or custodian's expense before it is released to the dog's owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog is licensed, microchipped, and vaccinated within fourteen (14) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian. The city may include the designation in the registration records of the dog after the court or the hearing officer has determined that the designation applies to the dog.
(2) The dog, while on the owner or custodian's property, must be kept indoors or in a securely fenced yard or enclosure from which the dog cannot escape, and into which children cannot enter. The city must inspect and give written approval of the yard or enclosure before the dog is released to its owner or custodian. If the dog was not impounded, the code enforcement officer must inspect and give written approval of the yard or enclosure within fourteen (14) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.
(3) The dog may be off the owner or custodian's premises only if it is muzzled and restrained by a substantial leash, not exceeding six feet in length, and if it is under the control of an adult capable of restraining and controlling the dog. At no time may the dog be left unattended while off the owner or custodian's premises.
(4) The owner or custodian of the dog must notify code enforcement immediately if the dog is at large or has committed an attack on any person, domestic animal, or livestock. If the dog no longer resides with the owner or custodian, or the dog is transferred to another person(s), the owner or custodian must advise the code enforcement officer of the dog's new location in writing under penalty of perjury, and provide a copy of the administrative decision or court order declaring the dog to be potentially dangerous to the new owner and custodian. Each subsequent owner or custodian must provide each new owner and custodian with a copy of the administrative decision or court order during the effective period of the decision or court order. Likewise, if the dog is moved to another jurisdiction, the owner or custodian is required to provide the animal control authorities in the new jurisdiction with a copy of the administrative decision during the effective period of the decision.
(5) The owner or custodian of the dog must complete an obedience course for a minimum of ten hours of training with the dog, at the owner or custodian's expense within sixty (60) calendar days after release of the dog to the owner or custodian. The course must be approved by the code enforcement officer before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain approval of the course by the code enforcement officer within (14) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.
(6) The dog must be spayed or neutered at the expense of the owner or custodian before the release of the dog to its owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog has been spayed or neutered within thirty (30) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.
(7) The owner or custodian of the dog may be required to maintain general liability insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of three hundred thousand ($300,000) per occurrence. If required to maintain insurance, the owner or custodian must show proof of insurance within fourteen (14) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.
(8) All charges for services performed by the city and all fines must be paid before the release of the dog to its owner or custodian or within fourteen (14) calendar days after the services are performed or the charges and fines are ordered to be paid. If the owner or custodian does not take possession of the dog and pay the charges and fines within fourteen (14) calendar days after the services are performed or the fines are ordered to be paid, the dog will be deemed abandoned and may be disposed of by the city.
(9) If the determination that a dog is potentially dangerous under subsection (f) is made after a court hearing, the judicial officer must impose a fine on the owner and/or custodian of up to five hundred dollars ($500) for each separate basis upon which the determination was made. The fine will be paid to the city to defray the costs of the implementation of this chapter.
(10) A judicial officer or administrative hearing officer may impose other reasonable conditions that are necessary to protect the public safety and welfare.
(i) Consequences of vicious dog determination.
(1) A dog determined to be a vicious dog may be destroyed by the city when it is found, after a hearing conducted under subsection (f), that the release of the dog would create a significant threat to the public health, safety, or welfare.
(2) If it is determined that a dog found to be vicious will not be destroyed, the hearing officer must impose the conditions on an owner and custodian of potentially dangerous dogs required by subsection (h), the conditions required by this section, and any other conditions necessary to protect the public health, safety, or welfare.
(3) The enclosure that is required by subsection (h) must be an enclosure that is enclosed on all sides and is locked by a padlock. It may be required to have a top and a cement floor. The enclosure must be approved by the code enforcement officer in writing before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain the written approval of the city within fourteen (14) calendar days after the decision or court order declaring the dog to be vicious is served on the dog owner or custodian.
(4) The owner or custodian of a vicious dog must give written notice of the vicious dog determination to the United States Post Office (local branch) and to all utility companies providing services to the premises where the dog is kept. The owner or custodian must provide a copy of the notices to the Code Enforcement Officer before the release of the dog from impound. If the dog was not impounded, the dog owner or custodian must provide a copy of the required notices to the Code Enforcement Officer within fourteen (14) calendar days after the administrative hearing or court determination declaring the dog is vicious.
(5) The owner or custodian of the dog must post one or more signs on the premises, at a location(s) approved by the code enforcement officer, stating that a vicious dog resides on the premises. The sign(s) must be posted within 14 calendar days after the decision or court order declaring the dog to be vicious is served on the owner or custodian.
(6) If the determination that a dog is vicious is made after an administrative hearing, the Hearing Officer must impose a fine on the owner and/or custodian of up to one thousand ($1,000) for each separate basis upon which the determination was made. The fine must be paid to the City of La Puente to defray the cost of the implementation of this chapter.
(7) The owner or custodian of a dog determined to be a vicious dog may be prohibited from owning, keeping, possessing, controlling, or having custody of any dog for a period of up to three years, if it is found at the hearing that ownership or possession of a dog by that person would create a significant threat to the public health, safety, or welfare.
(j) Compliance with Conditions and Consequences of Violation of Conditions.
(1) The hearing officer who heard the petition to determine if a dog is potentially dangerous or vicious may schedule follow-up hearing dates to ensure compliance with all conditions imposed.
(2) Consequences that may result from the failure of an owner or custodian of a dog released after a hearing pursuant to this section to comply with any of the conditions imposed under subsections (h) or (i) include, but are not limited to, the following:
(A) The failure to comply with any condition is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for a period not to exceed six months, or by both the fine and imprisonment;
(B) A violation of any part of an administrative decision may be the subject of a civil action for injunctive relief to enjoin the person who violated the decision or order. The filing and prosecution of an action for injunctive relief does not limit the authority or ability of the city to take any other action permitted by law;
(C) A violation of an administrative decision following a determination that a dog is potentially dangerous, may result in the filing of an action to determine if the dog is vicious under subsection (f).
(k) Removal of designation. A vicious dog determination under this section may be removed after one year if the dog is two (2) years of age or older and the owner or custodian demonstrates to the code enforcement officer that the dog poses no threat to people or animals.
(l) Exceptions. No dog may be declared potentially dangerous or vicious if:
(1) The injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime;
(2) The dog was protecting or defending a person from an unjustified attack or assault within the immediate vicinity of the dog;
(3) The injury was sustained by an animal that, at the time of the injury, initiated an attack against the dog;
(4) The injury was sustained by an animal while the dog was working as a hunting, herding, or predator-control dog while under the control of its owner or custodian and the injury was to a type of animal appropriate to the work of the dog.
(m) Infraction/misdemeanor penalty for dog bites. An owner or custodian of a dog who allows a dog to be uncontrolled or at large on public property, on the private property of another person, or on common areas of private property is guilty of an infraction, or a misdemeanor if the dog injures a person or a domestic animal or livestock. (Ord. 961, § 2, 2019)