A. Whenever the animal care services manager declares that an animal is a dangerous animal, or a potentially dangerous animal, the manager may commence proceedings as provided herein.
B. The manager may require the owner of dangerous or potentially dangerous animal to obtain dangerous animal or potentially dangerous animal registration, in addition to other licensing requirements that may be applicable within this code. A fee may be required for such registration. Said registration fee shall be based on the costs incurred by animal care services when handling dangerous or potentially dangerous animal investigations and the monitoring and enforcement costs of the program established by this article. Said fee shall be adopted by resolution of the city council.
C. The manager shall issue a notice of declaration directed to the owner of the animal. The notice of declaration shall contain:
1. A physical description of the animal, including the breed, if known, and the animal's license number, if any;
2. A statement advising the owner of the animal that the manager has declared the animal a dangerous animal or a potentially dangerous animal, including a brief and concise description of the incident or incidents that are the basis for the declaration of the animal as a dangerous animal or a potentially dangerous animal under the provisions of Article VIII of Chapter 9.44.
3. A statement advising the owner of the animal of the possible consequences should a declaration of dangerous animal or potentially dangerous animal become final.
4. A statement advising that the owner of the animal may appeal the declaration provided that the appeal is made in writing as provided in Section 9.44.730.
5. A statement that the appeal request must be in writing and filed with the animal care services manager within five calendar days of service of the notice of declaration.
6. A statement that failure to appeal the notice of declaration will constitute a waiver of all rights to an administrative hearing and will be a final determination of the matter, and after five calendar days from the date of the issuance of the declaration, the animal will be deemed abandoned and may be destroyed or otherwise disposed of.
7. A statement as to whether any additional registration fees will be required.
8. The manager may determine that the animal is to be destroyed. In the alternative, the manager may impose conditions of ownership in the declaration including, but not limited to, the conditions listed below:
a. Confining the animal on the owner's premises in an enclosure approved by the manager;
b. Ordering that the animal be kept securely muzzled, leashed and under the control of a person eighteen (18) years of age or older, and who is physically capable of restraining the animal when the animal is off the owner's property;
c. Requiring the animal owner obtain and maintain liability insurance in the amount of one hundred thousand dollars ($100,000.00) and furnishing a certificate or proof of insurance by which the animal care services manager shall be notified at least ten (10) days prior to cancellation or non-renewal;
d. Requiring photography, microchipping, or other methods of permanent marking of the animal for purposes of identification;
e. Requiring the animal to be altered;
f. Proving financial responsibility by posting a bond for the amount of ten thousand dollars ($10,000.00) or more;
g. Informing in writing any public or corporate entity, including but not limited to, the city of Sacramento, Sacramento County, the postmaster, utility companies, or any other organization that sends out employees to the residence, that a dangerous or potentially dangerous animal resides at that property. The manager may also set a time period by which such notices must be given, and when copies of such notices must be provided to the manager;
h. Posting signs on the premises where the animal is being kept that are clearly visible from points of entry to the property which state that an animal which has been declared to be dangerous or potentially dangerous is on the property. Such signs shall be provided by Animal Care Services, but the costs of the sign(s) shall be the responsibility of the animal owner. The language of such signs shall be determined by the animal care services manager and may be required to be in a language other than English. The manager may require that such signs are posted before an impounded animal is returned to its owner or within ten (10) days from the date the animal was declared to be a dangerous or potentially dangerous animal;
i. An animal which has been declared dangerous or potentially dangerous may not be transferred to reside either temporarily or permanently at another location within the city of Sacramento without prior written authorization of the animal care services manager. Said authorization shall not be issued unless every term imposed pursuant to a conditional declaration issued pursuant to 9.44.720(C)(8) can be met in the proposed new location;
j. Allowing inspection of the animal and its enclosure by the animal care services manager or any law enforcement agency and to produce upon demand proof of compliance with all requirements of this section;
k. In the event of the animal's death, the owner shall notify the animal care services manager no later than twenty-four (24) hours thereafter and, upon request, produce evidence of the animal's death to the satisfaction of the manager; and
l. In the event that if the animal escapes the owner shall immediately notify the animal care services manager and make every reasonable effort to recapture it.
9. A statement that failure to comply with all of the terms of the declaration will result in the manager proceeding with impounding and destroying or otherwise disposing of the animal.
D. Method and proof of service of the notice of declaration upon the owner shall be served in accordance with the procedures set forth in Section 8.04.150.
E. In the event that an owner fails to comply with all of the conditions ordered by the manager or the administrative hearing officer through the appeal process described in this chapter, the manager shall proceed to impound and destroy or otherwise dispose of the animal.
F. If an animal is declared dangerous through a declaration issued by the manager or by an order issued by the administrative hearing officer, then it shall remain so labeled for the life of the animal and shall be subject to the conditions set forth in the declaration. If an animal is declared potentially dangerous, it shall also be subject to the conditions set forth through the process described in this article, however an owner may petition the animal care services manager for removal of the potentially dangerous animal declaration after twenty-four (24) months have passed since the animal was so declared, through a process which shall be developed by the manager. (Ord. 2003-044 § 3; prior code § 6.09.103)