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A. Whenever an animal suspected of being vicious is reported, an animal control officer shall investigate the circumstances and if the officer finds that the animal has attacked, bitten, or caused injury to any human or a domestic animal, or shows a propensity to attack or bite people or other domestic animals without provocation, the officer shall notify the owner in writing, stating the facts and circumstances. The animal control officer may order that the animal be kept within an enclosure, securely leashed or otherwise controlled.
B. If the animal control officer has probable cause to believe an animal may be designated as "vicious" under this chapter, and the owner is unwilling or unable to properly contain or control the animal immediately or the animal poses an immediate threat to the safety of persons or domestic animals, the animal may be seized pending the outcome of a hearing or trial and any appeals conducted pursuant to this chapter, or during the period of time the owner needs to comply with any requirements imposed hereunder. Any animal seized hereunder shall be impounded and kept at the animal shelter at the owner's expense.
C. The animal's owner shall be charged for all costs incurred or fees applicable with respect to such impoundment unless a finding is made that the animal is not vicious. An animal held under the provisions of this section shall not be released until the owner pays all applicable costs and fees for impoundment and redemption under this chapter. If the owner refuses to pay such charges, the animal shall be treated as abandoned by the owner, and disposed of pursuant to section 5-3-22 of this chapter. Disposal of the animal does not release the owner from his/her responsibility to pay the impoundment charges. (Ord. 2009-04, 9-22-2009)
If an animal control officer has investigated and determined that there is probable cause to believe that an animal is vicious, an animal control officer or the poundmaster may prepare a petition to have the animal declared vicious. The petition may be filed with the court or the city manager. If filed with the court, the procedures set forth in Food and Agricultural Code sections 31621 through 31624, as those sections may be amended from time to time, shall apply. If filed with the city manager, the procedures set forth in this chapter shall apply. (Ord. 2009-04, 9-22-2009)
There is hereby created an administrative procedure for the hearing of petitions filed with the city manager. Hearings for classification as "vicious" shall be conducted as follows:
A. The owner of the animal shall be given written notice of the hearing, by either first class mail or personal service, a copy of the petition, and notice of the restrictions that will apply to the animal if it is classified as a vicious animal. A failure of the owner to receive notice by first class mail shall not affect the validity of these proceedings. The animal control officer shall also send written notice of the hearing to any alleged victims of the animal.
B. The owner may waive his/her right to a hearing by filing a written waiver with the poundmaster, whereupon the poundmaster shall make the findings and apply the sanctions provided in this chapter.
C. If the animal has not been impounded, the hearing shall be set not less than five (5) working days nor more than thirty (30) calendar days after the notice was mailed to the owner or the owner was personally served. If the animal has been impounded, the hearing shall be set not less than five (5) calendar days after the notice was mailed to the owner or the owner was personally served, and within fifteen (15) calendar days of the date of impoundment. The owner of the animal may agree to an earlier or later hearing date.
D. If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued.
E. The hearing shall be conducted before a hearing officer appointed by the city manager. The poundmaster may not serve as the hearing officer. The hearing shall be conducted informally and the technical rules of evidence shall not apply. The hearing officer shall consider all relevant evidence presented at the hearing. The animal control officer filing the petition shall be present at the hearing and shall present evidence that the animal is vicious by witness testimony or affidavits, incident reports, and other records.
F. In making a determination of whether or not an animal is vicious, evidence of the following may be considered:
1. Any previous history of the 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 circumstances surrounding the bite, attack, or injury, including, without limitation, 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 animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;
7. Whether the animal exhibits characteristics or aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals;
8. Whether the animal can be effectively trained to change its temperament or behavior;
9. The manner in which the animal has been maintained by its owner or custodian;
10. Any other relevant evidence concerning the maintenance of the animal; and
11. Any other relevant evidence regarding the ability of the owner or custodian to protect the public safety in the future if the animal is permitted to remain in the city. (Ord. 2009-04, 9-22-2009)
A. After the hearing, the owner or keeper of the animal shall be notified in writing of the hearing officer's decision and any orders issued, either personally or by first class mail. The hearing officer shall prepare a written decision within fifteen (15) days after the hearing is concluded, unless the animal has been impounded, in which case the written decision shall be prepared within five (5) working days after the hearing is concluded. The decision of the hearing officer shall be final. A failure of the owner to receive notice by first class mail shall not affect the validity of the proceedings or any decision or order issued.
B. If the owner or keeper of the animal contests the hearing officer's decision, he or she may, within five (5) days of the service of the decision if service is by personal service, or within six (6) days of service of the decision if service is by mail, appeal the decision of the hearing officer to the superior court, Reedley division, or other court having jurisdiction. The owner or keeper of the animal shall serve notice of appeal on the city by either first class mail or personally on the city manager. Any such appeal shall be a trial de novo. The determination of the court hearing the appeal shall be final and conclusive upon all parties. (Ord. 2009-04, 9-22-2009)
A. It shall be unlawful for any person to own, possess, harbor or keep any animal declared to be vicious pursuant to this chapter or any decision following a hearing conducted pursuant to the provisions of this chapter.
B. Any animal declared vicious, if not already impounded, shall be immediately surrendered to an animal control officer, and it is the duty of any animal control officer to take up and impound any such animal.
C. Any animal declared vicious shall be lawfully and humanely destroyed. The animal control officer shall sign an order authorizing the destruction of the animal no sooner than five (5) business days following the hearing officer's decision declaring the animal vicious. (Ord. 2009-04, 9-22-2009)
No dogs shall be permitted in Camacho park and the sports park at any time whether on leash or off leash, except seeing eye dogs, police or fire service dogs, or when permitted by the city's park and recreation department for purposes of show or competition. A permit of use shall be obtained from the city's park and recreation department prior to any show or competition of dogs. A deposit for usage and cleanup will be assessed with said permit. (Ord. 2009-04, 9-22-2009)