6.24.120 Impoundment, abatement and restrictions on dangerous dogs.
A. The City may impound or abate any declared dangerous dog whenever the City determines that impoundment or abatement is necessary to protect the public health and safety or the safety of an animal.
B. When the City determines abatement is necessary, the City may destroy the dog or impose conditions on the dog’s owner or custodian, as a prerequisite for the dog’s owner or custodian continuing to keep the dog. The City 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 City imposes under this section.
C. The City 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 $500,000 per occurrence, combined single limit for bodily injury and property damage. The owner or custodian shall furnish a certificate of insurance to the City and notify the City 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 obtains and maintains a dangerous dog registration in addition to the license required under Chapter 6.20 CVMC.
8. A requirement that the dog’s owner or custodian allows the City or any other law enforcement agency to inspect the dog and its enclosure.
9. A requirement that the dog’s owner or custodian provides the City with proof satisfactory to the City that the owner or custodian is complying with all the requirements of this section.
10. A requirement that the dog’s owner or custodian agrees to surrender the dog to the City 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 City 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 City fees to recover the City’s costs to enforce and to verify compliance with this section.
D. The City 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 CVMC 6.24.110. If the dog’s owner or custodian requests a hearing before the dog is impounded or abated the City shall not impound or abate the dog until the hearing is concluded unless there is a need for immediate action as provided in subsection (A) of this section.
E. A dog’s owner or custodian who receives a notice under subsection (D) of this section may request a hearing to contest the City’s determination to impound or abate a dangerous dog. The owner’s or custodian’s request shall be in writing and shall be received by the City within 10 days of the date of the notice.
F. When the City 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 City 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 City 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 CVMC 6.24.110 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 City may impound or abate the dog.
G. 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 City 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 City may prohibit the proposed change when the City 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 City issues under this subsection.
H. 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 of the conditions the City imposed pursuant to subsection (C) of this section. 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 City imposed. The owner or custodian shall provide the City with a copy of the notice and the signed acknowledgment from the new owner or custodian.
I. If a declared dangerous dog dies, the owner or custodian shall notify the City no later than 24 hours after the dog’s death. The owner or custodian shall produce the dog’s remains when requested by the City.
J. If a declared dangerous dog escapes, the owner or custodian shall immediately notify the City of the escape and make every reasonable effort to recapture it. The owner shall also notify the City within 24 hours of the dog’s recapture.
K. The owner, custodian or person in possession of a 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.
L. The City’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. (Ord. 3226 § 1, 2012).