4-07-6000 - Potentially Dangerous and Vicious Animals

A. Purpose. 

  1. The purpose of this section is to regulate the keeping of Animals which are Potentially Dangerous or Vicious or involve a threat to the safety of people and other Animals on streets, sidewalks, and private property where the Animals are not properly maintained as such Animals constitute a serious hazard within the unincorporated area of the County. The increasing tendency to maintain Animals which, by virtue of breeding or training, have a propensity to attack others compounds the hazard.
  2. Every Owner or Custodian of an Animal is held strictly accountable for the exercise of such control over the Animal as necessary to ensure that the Animal does not injure innocent human beings or other Animals that are not on the Premises where the Animal is maintained. Such strict accountability is imposed whether or not the injury results from the negligence or fault of the Owner or Custodian, and regardless of the degree of precaution or control exercised by the Owner or Custodian.         

 

B. Owner Responsible.      

  1. Any Owner or Custodian of any Animal is deemed responsible for the acts committed by that Animal when the Owner or Custodian has failed to comply with the legal requirements for the keeping of that Animal as defined in this chapter. No person shall permit an Animal to act in such a manner as constitutes Potentially Dangerous or Vicious behavior as defined in Section 4-07-1400 of this chapter.

  2. A violation of any of the provisions of this section is punishable as follows:

    1. On a first offence, any Animal Owner who maintains an Animal in such a manner as to permit it to exhibit Potentially Dangerous behavior shall be guilty of an infraction.

    2. On the second and subsequent offence, any Animal Owner who maintains any Animal in such a manner as to permit it to exhibit Vicious behavior shall be guilty of a misdemeanor.

  3. Nothing in this section shall prevent prosecution for violations of other statutes or codes which may deal with other or more specific offenses, including but not limited to, penal and civil statutes.

    

C. Quarantine or Impound. No Animal which has been declared Potentially Dangerous or Vicious or against which a Potentially Dangerous or Vicious Animal Report has been filed may be Impounded or quarantined at any place other than Animal Services, unless authorized by the Animal Services Manager.          

 

D. Notice of escape. Any person keeping, harboring, maintaining, or owning a Potentially Dangerous Animal, Vicious Animal, or Wild Animal that escapes from its confinement shall immediately notify Animal Services. Notification shall first be by phone and shall be followed with written notification within one business day, via email to Animal Services, which includes the following information, as known:         

  1. The date, place, and time of the Animal's escape;

  2. A description of the Animal, including a photo, and its condition at the time of escape; and

  3. The name, address, and residential and occupational telephone numbers of the Owner of the Animal.          

     

E. Filing of a Complaint. Any person, including employees of Animal Services, possessing personal knowledge of facts that there exists a Potentially Dangerous or Vicious Animal within the unincorporated area of the County or those incorporated areas served by Animal Services may file with Animal Services a written report, signed under penalty of perjury, which contains the following facts:    

1.  A description of the offending Animal including, to the extent known, the color, size, sex, breed and name of the Animal, and the name and address of the Animal Owner or Custodian;   

2.  An assertion that the Animal described is a Potentially Dangerous or Vicious Animal within the meaning of Section 4-07-1400, together with a statement of the facts upon which the assertion was based, including the name and address of any person who has been victimized or injured, including a description of the extent of the injuries, the names and addresses of the witnesses thereto, the time, date, and location of the incident related to the assertion, and an explanation of how the personal knowledge of the affiant was acquired; and  

3.  The name, residential and occupational addresses and telephone numbers of the affiant.

    

F. Timely Filing. Unless otherwise provided, the filing of a Potentially Dangerous or Vicious Animal Report must be made within six (6) business days, including Saturday, of the most recent event or circumstances occasioning the report. Upon evidence that good cause exists that a report could not be filed within the six (6) business days, including Saturday, the Animal Services Manager may extend the deadline for filing the report.

 

G. Impoundment of Animal. Upon receipt by Animal Services of a Potentially Dangerous or Vicious Animal Report, Animal Services shall initiate an investigation of the incident or incidents described in the report for the purpose of verifying the facts stated and obtaining other information. If, after an investigation, the identified facts show the existence of a Potentially Dangerous or Vicious Animal, Animal Services shall immediately locate and Impound the Animal which is the subject of the charges. The Owner or Custodian may request Administrative Review, provided the request is submitted within six (6) business days, including Saturday, from the date of impoundment.