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(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; repealed by Ord. No. 10036 (N.S.), effective 2-26-10)
(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; repealed by Ord. No. 10036 (N.S.), effective 2-26-10)
(a) Whenever the Department has reasonable cause to believe that a dog is a dangerous dog, it may commence proceedings to declare the dog a dangerous dog as follows:
(1) The Department shall serve on the owner or custodian a notice of intent to declare the dog a dangerous dog.
(2) The notice shall inform the dog's owner or custodian of all of the following:
(A) The Department's authority to declare a dog a dangerous dog.
(B) Each incident that forms the basis for the Department's proposed action.
(C) The owner or custodian's right to request a hearing to contest whether grounds exist for the Department's proposed declaration.
(D) The potential consequences if the Department issues a declaration declaring the dog a dangerous dog.
(E) That a request for a hearing must be in writing and must be received by the Department within 10 days from the date of notice.
(F) Failure to request a hearing or failure to attend or be represented at a scheduled hearing shall satisfy the Department's obligation to provide a hearing and shall result in the Department issuing a declaration that the dog is a declared dangerous dog.
(G) A finding at the hearing that the dog meets the definition of a dangerous dog as prescribed by section 62.602(l), shall result in the Department declaring the dog a dangerous dog. A declared dangerous dog designation shall remain in effect for the dog's lifetime.
(b) When the Department determines it is necessary to immediately impound a dog to preserve the public health and safety or the safety of an animal, before the Department follows the procedures in subsection (a) above, the Department may impound a dog before issuing the declaration declaring the dog a dangerous dog. In that case, with the notice required by subsection (a), the Department shall include the reasons why immediate impoundment was necessary.
(Amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) The Department may impound or abate any declared dangerous dog whenever the Department determines that impoundment or abatement is necessary to protect the public health and safety or the safety of an animal. When the Department determines abatement is necessary, the Department may destroy the dog or impose conditions enumerated in subsection (b) on the dog's owner or custodian, as a prerequisite for the dog's owner or custodian continuing to keep the dog. The Department may modify the conditions depending on a change in circumstances. It shall be unlawful for a person to fail to comply with a condition the Department imposes under this section.
(b) The Department may impose one or more of the following conditions on a dog owner or custodian for a declared dangerous dog:
(1) A requirement that the owner or custodian obtain and maintain liability insurance from an insurer licensed to transact insurance business in the State of California with coverage amounts that comply with the requirements of this subsection. The insurance shall provide liability insurance to the owner or custodian for any loss or injury that may result to any person or property caused by the dog. The insurance shall provide coverage for the owner or custodian in an amount of not less than $100,000 per occurrence, combined single limit for bodily injury and property damage. The owner or custodian shall furnish a certificate of insurance to the Department and notify the Department by registered mail within 10 days of receiving notice from the insurance company that the policy has been cancelled or will not be renewed. The insurance certificate shall provide the following information:
(A) The full name and address of the insurer.
(B) The name and address of the insured.
(C) The insurance policy number.
(D) The type and limits of coverage.
(E) The effective dates of the coverage.
(F) The certificate issue date.
(2) Requirements as to the design, specifications, materials and other components of the dog's enclosure.
(3) Requirements as to the type of residence where the dog shall be maintained.
(4) Requirements as to the type and method of restraint or muzzling the owner or custodian shall employ when the dog is not within its approved enclosure.
(5) Requirements for photo identification, microchip implantation or permanent marking of the dog for purposes of identification.
(6) A requirement that the owner or custodian obtain and maintain a dangerous dog registration in addition to the license required under section 62.620.
(7) A requirement to alter the dog.
(8) A requirement that the dog's owner or custodian allow the Department or any other law enforcement agency to inspect the dog and its enclosure.
(9) A requirement that the dog's owner or custodian provide the Department with proof satisfactory to the Department that the owner or custodian is complying with all the requirements of this section.
(10) A requirement that the dog's owner or custodian agree to surrender the dog to the Department on demand.
(11) A requirement that the dog not be allowed to work as guard dog, attack dog or sentry dog.
(12) Any other requirement the Department determines is necessary to protect the public health and safety or the safety of an animal from the actions of a declared dangerous dog.
(13) A requirement that the owner or custodian pay the Department fees to recover the Department's costs to enforce and to verify compliance with this section.
(c) The Department shall provide a dog's owner or custodian with written notice at least 10 days before impounding or abating a declared dangerous dog. The notice shall inform the owner or custodian of the right to a hearing to contest whether grounds exist to impound or abate the dog. If the owner or custodian requests a hearing under this section the hearing may be held in conjunction with the hearing pursuant to section 62.674(a). If the dog's owner or custodian requests a hearing before the dog is impounded or abated the Department shall not impound or abate the dog until the hearing is concluded unless there is a need for immediate action as provided in subsection (e).
(d) A dog's owner or custodian who receives a notice under subsection (c) may request a hearing to contest the Department's determination to impound or abate a dangerous dog. The owner or custodian's request shall be in writing and shall be received by the Department within 10 days of the date of the notice.
(e) When the Department determines it is necessary to immediately impound a dog to preserve the public health and safety or the safety of an animal, or if a dog has already been impounded under another provision of law, no pre-impoundment hearing shall be held. In that case, the Department shall provide the dog's owner or custodian with written notice allowing 10 days from the date of the notice to request a hearing to contest the abatement of the dog. The hearing request shall be in writing and shall be received by the Department within the specified time period. If the owner or custodian requests a hearing, the dog shall not be disposed of until the hearing requirements are satisfied. Once the hearing procedures enumerated in section 62.684 have been completed and there is a final decision that grounds exist to impound or abate a dog or the owner or custodian fails to request a hearing or attend or be represented at a scheduled hearing, the Department may impound or abate the dog.
(f) The owner or custodian of a declared dangerous dog, who intends to change the ownership, custody or residence of the dog, shall provide at least 15 days advance written notice to the Department of the proposed change. The notice shall identify the dog and provide the name, address and telephone number of the proposed new owner or custodian or the proposed new residence. The Department may prohibit the proposed change when the Department has reasonable grounds to believe that the change would be harmful to the public health and safety or the safety of an animal, by issuing a written order to the owner or custodian. No person shall fail to comply with an order the Department issues under this subsection.
(g) An owner or custodian who transfers ownership or custody shall provide written notice to a new owner or custodian that the dog is a declared dangerous dog and the conditions the Department imposed pursuant to subsection (b). The owner or custodian shall obtain a written acknowledgment signed and dated by the new owner or custodian, acknowledging receipt of the notice and acceptance of the conditions the Department imposed. The owner or custodian shall provide the Department with a copy of the notice and the signed acknowledgment from the new owner or custodian.
(h) If a declared dangerous dog dies, the owner or custodian shall notify the Department no later than 24 hours after the dog's death. The owner or custodian shall produce the dog's remains when requested by the Department.
(i) If a declared dangerous dog escapes, the owner or custodian shall immediately notify the Department of the escape and make every reasonable effort to recapture it. The owner shall also notify the Department within 24 hours of the dog's recapture.
(j) The owner, custodian or person in possession of a dog declared dangerous dog shall keep the dog restrained, confined or muzzled as appropriate for the circumstances, to prevent the dog from biting, attacking or otherwise causing injury to another.
(k) The Department's authority to act under this section is independent of any pending or resolved criminal prosecution, no matter what stage in the proceeding or the result in that case.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) An employee of the Department, a peace officer or a person in an area where the Department provides animal services who is employed for animal control purposes may capture or attempt to capture any dog found at large in violation of law and may destroy the dog if, in the person's judgment, destroying the dog is required for public health and safety.
(b) The Department shall not seize or impound any dog for being at large that has strayed from but then returned to the private property of its owner or custodian, provided the owner or custodian is at home when the dog returns. In that case the Department may issue the owner or custodian a citation. If the owner or custodian is not home, the Department may impound the dog, and shall post a notice that the dog was impounded on the front door of the owner or custodian's dwelling unit. The notice shall provide the following information: The dog has been impounded, where the dog is being held, the name, address, and telephone number of the agency or person to be contacted regarding release of the dog and an indication of the ultimate disposition of the dog if the owner or custodian does not take action to regain the dog within a specified time period.
(c) A person who finds a dog at large may take the dog into the person's possession and shall as soon as possible, but no later than twenty-four hours, notify the Department. The Department may accept the animal for impoundment and the person who finds the animal shall surrender the animal to the Department upon demand. No person shall be entitled to any compensation from the County for keeping the dog. A person who takes possession of the dog shall use reasonable care to preserve it from injury, but shall not be held liable if the dog dies, escapes, or injures itself while under the person's care.
(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
A person who relinquishes an animal to the Department shall provide the person's name, address and if the person is not the owner, the person shall also provide the circumstances under which the person came into possession of the animal.
(Amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Upon impoundment of an animal wearing a license tag or identification listing the owner's name and address, the Department shall as soon as practicable attempt to notify the owner at the owner's address of record, by mail, personal delivery to the owner or posting a notice on the owner's property advising that the animal is in the Department's custody.
(b) The notice shall include a statement that the owner may make a written request for a hearing within 10 days of the notice, contesting the legality of the impoundment.
(c) Requesting a hearing under this section extends the holding period during which the Department shall not dispose of an impounded animal other than by return to the owner, until the conclusion of the hearing. If at the conclusion of the hearing the impoundment is found to be unwarranted, the Department shall return the animal to the owner or custodian without charge for the impoundment.
(Amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 7906 (N.S.), effective 6-20-91; repealed and added by Ord. No. 8211 (N.S.), effective 4-1-93; amended by Ord. No. 8353 (N.S.), effective 3-3-94; repealed and added by Ord. No. 8422 (N.S.), effective 8-11-94; repealed and readopted by Ord. No. 9098 (N.S.), effective 12-16-99; repealed and readopted by Ord. No. 9274 (N.S.), effective 12-15-00; repealed and readopted by Ord. No. 9420 (N.S.), effective 2-2-02; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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