(A) The owner of an animal which has inflicted injury upon or killed any person or domestic animal, or has otherwise been determined to be dangerous, may be required as a condition of the release of the animal from confinement or impoundment, in addition to paying all costs of any impoundment, to comply with the written disposition of the hearing officer which may contain any or all of the following conditions, requiring the owner:
(1) Registration. To immediately register the dangerous animal with the animal control officer, to comply with the animal control officer's requirements for dangerous animals (including, but not limited to, requiring the animal to wear a visible, dangerous animal tag), and to keep such animal properly vaccinated at all times. The fee to keep or maintain one dangerous animal shall be $50 for a 12 month period, and the fee for each additional dangerous animal shall be $25. The fee shall be paid for each 12 month period. Should the animal die in any 12 month period, the owner shall notify the animal control officer of the death within two working days.
(2) Confinement. To keep the animal securely confined on its premises in a locked enclosure approved by the hearing officer or the animal control officer from which the animal cannot escape and into which children cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine the animal must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house an animal must comply with all zoning and building regulations of the county. All such structures must be adequately lighted, ventilated, and kept in a clean and sanitary condition.
(3) Confinement while on leash. To keep the animal securely muzzled, restrained by a substantial leash of appropriate length and under the control of a responsible person 18 years of age or older who is physically capable of restraining the animal when the animal is not contained in a locked, secure enclosure.
(4) Spay or neuter the animal. To have the animal spayed or neutered by a licensed veterinarian and to present proof to the animal control officer.
(5) Insurance. To provide and maintain financial responsibility for injuries to the public by obtaining and showing proof of liability insurance in the form and amount deemed to be acceptable by the hearing officer in light of all the circumstances. Such insurance policy shall provide that no cancellation of the policy will be made unless 30 days' written notice is first given to the animal control officer.
(6) Notification.
(a) To immediately inform any city, county, postmaster or utility company meter readers and anyone else that lawfully comes onto the property, of the animal's dangerousness and to inform the animal control officer and/or the hearing officer if the animal is moved to another location inside or outside the county limits as provided in this chapter.
(b) The notification required by division (A)(6)(a) above shall occur immediately, and in no case, later than two working days after the event in question. Further, the owner shall inform the animal control officer within two working days if the animal dies. (See Calif. Food and Agriculture Code § 31643.)
(7) Signs. To display in a prominent place on the premises a sign easily readable by the public using the words "Beware of Dog" or "Beware of Animal" in letters at least three inches high.
(8) Identification. To have a registration number assigned to such animal tattooed by a licensed veterinarian on the animal's inner thigh or inserted by a licensed veterinarian under the animal's skin by means of an electronic identification device. The manner and method of identification to be used hereunder shall be determined by the hearing officer. For the purposes of this section, TATTOO shall be defined as any permanent numbering of an animal by means of indelible or permanent ink.
(9) Inspection. To consent and agree to the entry upon the premises to any law enforcement officer or animal control officer for the purpose of inspecting the animal and/or premises.
(10) Payment of costs. To make reasonable payment of all costs incurred by the city/county.
(11) Other. To take any other steps deemed reasonably necessary to prevent injuries to the public.
(B) The owner of the animal shall comply with the conditions imposed by the hearing officer within the established time limit.
(C) No dangerous animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or screen doors are the only obstacle preventing the animal from exiting the structure.
(D) If, following the hearing, the subject animal is found to be dangerous and such a threat to public safety that even if reasonable conditions were imposed to release the animal to the owner it would create a significant threat to the public health, safety, or welfare, such animal may be destroyed as permitted under Cal. Food and Agricultural Code § 31645 or its successor provisions. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict such other remedies, including, but not limited to, § 13.01.049(A), which authorizes the hearing officer to order an animal destroyed for violation of this chapter or failure to meet a condition imposed by the hearing officer.
(E) If, after notice, the owner of an impounded animal fails to appear or be represented at the required hearing, the animal may be considered abandoned. If the subject animal does not appear to be validly licensed and no owner can be found, and if the animal has been determined to be dangerous, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal.
(F) If such an unlicensed animal has not been determined to be dangerous, it shall be returned to the owner, subject to the issuance of a citation for failure to obtain a license. A non-dangerous stray animal may be handled as any other stray animal.
(G) In such cases where an impounded licensed animal is found to be dangerous, the animal may be released subject to the conditions set forth in division (A) of this section. (HMC § 6.13.080)
(Ord. 836, § 1 (part))