A. The animal control officer may determine an animal to be dangerous or vicious whenever the animal control officer has received evidence that the animal has attacked in an aggressive manner, bitten, or caused injury to any human or caused the death or serious injury of a domestic animal. Animal control officers shall consider the circumstances of the attack, bite, or injury, before determining whether an animal is dangerous or vicious. The investigating officer may determine that an animal is not dangerous or vicious if the animal was provoked prior to causing an injury or the circumstances indicate the animal was not acting in an aggressive manner when the injury occurred. If a person is injured or an animal is seriously injured or killed by an animal that was at large at the time of the incident the animal control officer may presume the animal that caused the injury is dangerous or vicious. Upon such declaration, the animal control officer shall have the authority to impound the animal pursuant to Chapter 6.2412. If the owner or person responsible for the animal is known when it is impounded, then Animal Services shall provide the notice described in subsection (B) below either before or after the animal is impounded. Notice may be sent by mail, personally delivered, or posted pursuant to Visalia Municipal Code section 1.13.070. For the terms of this section the term "Serious injury" includes but is not limited to any physical injury caused by an animal attack that results in any of the following: puncture wounds; broken bones; loss of blood; or lacerations.
B. If the owner of the animal declared to be dangerous or vicious pursuant to subsection (A) is not known when the animal is impounded but the animal is wearing a license tag or microchip, the animal control officer shall notify the licensed owner within two (2) business days of impoundment that the animal has been declared dangerous or vicious. Notice to the owner may be sent by mail, personally delivered, or posted pursuant to Visalia Municipal Code section 1.13.070. At the time of impoundment of an unlicensed dog declared to be dangerous or vicious under this Section, if Animal Services knows who the owner of the dog is and the address of the owner, then Animal Services shall provide the owner the same notice to the owner with all of the items stated below. The notice shall also include the following:
1. A statement of the facts upon which the declaration was based;
2. Notification that the owner has a right to an administrative hearing to review the animal control officer's determination pursuant to Section 6.16.050;
3. Notification that, unless a request for an appeal before the hearing officer is received within ten (10) business days of impoundment, the animal will be disposed of in a humane manner; and
4. A copy of the text of Visalia Municipal Code Chapter 6.16 and Chapter 6.24. No such notice is required if the animal is not wearing a license tag. The notice, if required by this section, shall be delivered to the animal's owner personally or posted in a conspicuous location at the owner's known address or the address provided in the license application.
C. The owner of an animal declared to be dangerous or vicious pursuant to subsection (A) and impounded pursuant to Section 6.24.030 may, within ten (10) business days of impoundment, request a hearing by the hearing officer to review the animal control officer's determination that the animal is dangerous or vicious. If no hearing is requested within this time period, then the Poundmaster will destroy the animal in a humane manner.
D. When the owner of the animal requests a hearing, and pays the applicable hearing fee or receives an receives an advance deposit hardship waiver, the animal control officer shall consult with the hearing officer, set a date and time for such a hearing, and send a notice thereof by regular mail at least five (5) business days before such date to the owner at the address set forth on his or her request. The owner seeking the hearing may request to have the hearing date rescheduled if they are not available at the scheduled date. The hearing may be rescheduled once or more at the discretion of the hearing officer. Requests must be made prior to the date of the hearing and will not be accepted unless the owner also pays the City's costs of maintaining the animal at the applicable rate set by City Council from the impoundment date to the rescheduled date of the hearing at the time the request to reschedule the hearing is made.
E. The owner of the animal may request an advance deposit hardship waiver of applicable City fees under Visalia Municipal Code section 1.13.080(D) except that the request for fee waiver is due at the same time as the applicable fee, and if denied payment is due two business days from denial or the hearing request is voided. Although advance deposit of fees may be waived at the time of filing the appeal the payment of the applicable fees will be required after the hearing if the determination by Animal Services is not reversed.
(Ord. 2019-09 § 2, 2019; Ord. 2004-22 § 2 (part), 2004: Ord. 9605 § 20 (part), 1996: prior code § 4637)