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SEC. 53.34.4.  DANGEROUS ANIMAL – PROCEDURES.
   (Added by Ord. No. 162,537, Eff. 8/8/87.)
 
   (a)   Hearing.  The Department shall conduct a hearing to determine whether or not a dog or other animal confined or impounded pursuant to Section 53.34.2 is a dangerous animal. The hearing shall be conducted in accordance with the procedures provided by Section 53.18.5.
 
   (b)   Dangerous Animal – Declared.  The Department, after a hearing, may declare any dog or other animal to be a dangerous animal whenever it has bitten, attacked or caused injury to any human being or other animal.
 
   (c)   Determination of Dangerous Animal – Evidence.  In making a determination that a dog or other animal is or is not dangerous, evidence of the following shall be considered:
 
   1.   Any previous history of the dog or other animal attacking, biting or causing injury to a human being or other animal;
 
   2.   The nature and extent of injuries inflicted and the number of victims involved;
 
   3.   The place where the bite, attack or injury occurred;
 
   4.   The presence or absence of any provocation for the bite, attack or injury;
 
   5.   The extent to which property has been damaged or destroyed;
 
   6.   Whether the dog or other animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;
 
   7.   Whether the dog or other animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals;
 
   8.   Whether the dog or other animal can be effectively trained or retrained to change its temperament or behavior;
 
   9.   The manner in which the dog or other animal had been maintained by is owner or custodian;
 
   10.   Any other relevant evidence concerning the maintenance of the dog or other animal;
 
   11.   Any other relevant evidence regarding the ability of the owner or custodian, or the Department, to protect the public safety in the future if the dog or other animal is permitted to remain in the City.
 
   (d)   Dangerous Animal – Disposition.
 
   1.   It shall be unlawful for any person to own, possess, harbor or keep any dog or other animal declared by the Department, after a hearing, to be dangerous.
 
   2.   Any dog or other animal declared by the Department to be dangerous, if not already impounded by the Department, shall be immediately surrendered to the Department, and it is the duty of the Department to take up and impound any such dog or other animal.
 
   3.   (Amended by Ord. No. 164,477, Eff. 3/27/89.) Any dog, or other animal, declared to be a dangerous animal shall be humanely destroyed. The General Manager shall sign an order authorizing the destruction of the dog or other animal within two (2) days after the time for appeal as provided in Section 53.18.5(q)3 has passed without an appeal being filed.
 
   In the event the Board has received and heard an appeal and made a determination that the dog or other animal is a dangerous animal, copies of that Board action shall be served upon the General Manager and appellant. Upon expiration of five days after completion of said service, the General Manager shall sign an order authorizing destruction of said dog or other animal.
 
   (e)   Dog or Other Animal – Not Dangerous – Procedure. (Amended by Ord. No. 162,748, Eff. 9/24/87.) If it is determined that the dog or other animal is not dangerous, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, the dog license or animal permit may:
 
   1.   Be revoked if it is determined that the owner or custodian is unable or unwilling to properly train, handle or maintain the dog or other animal and a similar incident is likely to occur in the future without proper training, handling or maintenance, or
 
   2.   Be reissued with reasonable terms, conditions or restrictions imposed for the training, handling or maintenance of the dog or other animal to protect the public health, safety and welfare if it is determined that the owner or custodian is able and willing to properly train, handle or maintain the dog or other animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance.
 
   (f)   Revoked License – Previously Impounded or Confined.
 
   1.   If a dog or other animal has been impounded or confined pursuant to Section 53.34.2 and its license or permit has been revoked pursuant to (e)1 above and the owner or custodian wishes to reclaim and remove it from the City of Los Angeles, the Department shall release it provided that the notice provisions of Section 53.18.5(p) are complied with prior to its release and further provided that the dog or other animal is taken to its new location immediately and directly upon its release from impound or confinement. Failure to remove the dog or other animal immediately and directly from the City upon release from impound or confinement is a misdemeanor.
 
   2.   Any dog or other animal which has previously been impounded or otherwise confined and which has not been claimed within five (5) calendar days of service of a notice of revocation of its license or permit shall be deemed abandoned and shall be disposed of by the Department in accordance with this article. Notwithstanding the above, the owner may enter into a written agreement with the Department to take additional time to remove, or to cause the dog or other animal to be removed, to a new location outside the City. Such additional time shall not exceed ten (10) days. For each additional day agreed to, the pound fees required by Section 53.12 shall be paid prior to the release of the dog or other animal.
 
   (g)   Animal Identification.  Any dog or other animal subject to this section must be permanently identified by the Department by the use of photographs or permanent marking, or both, prior to its release from impound or confinement.
 
   (h)   New License Prohibited.  (Amended by Ord. No. 165,507, Eff. 3/25/90.)  Any person whose dog or other animal has been declared dangerous or whose license or permit has been revoked pursuant to this section shall not have the privilege to own, posses, control or be in charge of any animal of the species whose license or permit has been revoked or whose animal has been declared dangerous for a period of three (3) years from the date the decision becomes final and the Department shall not issue, re-issue or renew any license or permit except that a dog license may be issued as provided by Section 53.18.5(r).