(Added by Ord. No. 181,930, Eff. 12/11/11.)
(a) Following a hearing in accordance with Section 53.18.5 or Section 53.34.4, if the Hearing Examiner determines that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, and that the owner or custodian is able and willing to properly train, handle or maintain the dog and that a similar incident is not likely to occur if the terms, conditions and restrictions are followed, the Hearing Examiner may recommend that a Restricted Dog Permit be issued as part of the terms, conditions or restrictions pursuant to Subsection (l) of Section 53.18.5, to include, but not limited to, some or all of the following additional terms, conditions or restrictions to protect the public health, safety and welfare:
1. That in addition to the dog license tax and fee, the owner shall pay a Restricted Dog Permit fee of $120.00 annually, which is subject to reassessment in accordance with Section 53.12 (a).
2. That the dog owner obtain and maintain liability insurance in an amount not less than $100,000 or in an amount determined by the City's Risk Manager, provide proof of insurance and notify the City at least thirty (30) days prior to cancellation or non-renewal of the insurance coverage.
3. Post warning signs at all property entrances and notify the occupants of the adjacent property and/or within a 150 foot radius of the Restricted Dog Permit.
4. That the dog not be transferred or placed in the custody of another person without the written consent of the General Manager, except in a licensed dog kennel or with a California licensed veterinarian. The dog owner must notify any transferee, kennel, veterinarian or other custodian that the dog is subject to a Restricted Dog Permit.
5. Other terms, conditions and restrictions may include but are not limited to the training, handling and maintenance of the dog, the wearing of a muzzle, properly securing the owner's or custodian's property and that the dog only be walked by the owner or another responsible adult.
6. That the dog owner and custodian, if separate from the owner, sign a declaration that he or she will abide by the terms, conditions and restrictions of the license and the Restricted Dog Permit.
(b) A Restricted Dog Permit shall not be issued for a dog that has fatally injured a human being or to a dog owner if any current or previously owned dog of that owner has fatally injured a human being.
(c) A Restricted Dog Permit may be rescinded by the General Manager if the owner demonstrates that measures taken by the owner or changed circumstances have mitigated the danger to the public, including the permanent removal of the dog from the City.
(d) The Department may amend or revoke a Restricted Dog Permit and the dog license following a hearing if the owner has failed to comply with the terms, conditions or restrictions of the Permit or of the dog license.