§ 6.04.100. Dangerous animal permit required.  


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  • (a)

    No person shall knowingly keep, have, maintain, sell, trade or let for hire an animal designated under the provisions of this chapter as dangerous without obtaining a Dangerous Animal Permit from the Animal Control Officer. The animal owner shall comply with all conditions of the Dangerous Animal Permit including, but not limited to, all requirements of section 6.04.120 of this chapter. Any animal which is determined to be dangerous under this chapter and for which a permit has not been obtained shall be surrendered to an Animal Control Officer for appropriate disposition including humane destruction.

    (b)

    If an Animal Control Officer or Peace Officer has investigated and determined that an animal is dangerous, the Animal Control Officer and/or Peace Officer shall deliver written notice of such determination to the owner of the animal. Should the animal pose a threat to the public health and safety, an Animal Control Officer may immediately impound the animal.

    (c)

    If, after investigation by an Animal Control Officer or Peace Officer, that officer determines that probable cause does not exist to believe the animal is dangerous, any interested person may appeal that determination by submitting within five (5) calendar days of the decision a written request to the Animal Control Officer or Peace Officer for a hearing and paying the required fee. The hearing shall be conducted according to the procedures set forth in section 6.04.115 of this chapter.

    (d)

    In determining whether or not an animal shall be declared dangerous, the Animal Control Officer, Peace Officer or Hearing Officer appointed pursuant to section 6.04.115 of this chapter, may consider, as a mitigating factor or factors, whether, at the time of the injury, attack or molestation, the person or animal suffering the injury, attack or molestation:

    (1)

    Provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged behavior;

    (2)

    Committed a willful trespass or other tort upon the private property of the owner or caretaker of the animal;

    (3)

    Threatened or committed an unjustified attack or assault against the owner, caretaker or person in control of the animal;

    (4)

    Or any other mitigating factors deemed appropriate for consideration by the Animal Control Officer, Peace Officer or Hearing Officer.

    (e)

    Upon receipt of written or oral notification by the Animal Control Officer and/or Peace Officer that an animal is dangerous as defined in this chapter, the owner shall submit an application for a Dangerous Animal Permit to the Animal Control Officer within five (5) calendar days. The application for a permit shall contain the name of the applicant, applicant's address, the applicant's home and business phone numbers, the address and description of the proposed location of where the animal will be kept, if different from applicant's, a complete description and a photograph of the animal. The permit shall contain all of the requirements of section 6.04.120 of this chapter and any additional conditions or requirements deemed necessary by the Animal Control Officer or Peace Officer to protect the public health or safety.

    (f)

    Should the owner of the animal wish to contest the dangerous animal designation, the owner may request a hearing, to be conducted according to the procedures set forth in section 6.04.115 of this chapter. The owner shall submit a written request for a Dangerous Animal Hearing to the Animal Control Officer and/or Peace Officer within five (5) calendar days of written notification by the Animal Control Officer and/or Peace Officer that the animal has been declared dangerous. Should the owner not submit a request for a hearing within five (5) calendar days of notification, the hearing process shall be deemed waived by the owner, and the dangerous animal declaration will be considered final by the County Director of the Health System, or the city having jurisdiction. In that event, the County Director of the Health System or the City having jurisdiction may allow the dangerous animal permit to be issued without a hearing. Unless a dangerous animal permit is immediately obtained, the animal shall be impounded at the owner's expense pending appropriate disposition as determined by the Animal Control Officer and/or Peace Officer.

(Prior code § 3330.6; Ord. 966, 10/23/51; Ord. 2551, 12/12/78; Ord. 2758, 12/01/81; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87; Ord. 3911, 06/01/99; Ord. 4278, 09/20/05; Ord. 4331, 10/17/06; Ord. 4438, 09/09/08)