§ 6.04.040. Potentially dangerous and vicious dogs.

A.

Except as otherwise provided in this section, the provisions of Chapter 9, Division 14 of the Food and Agricultural Code (Food & Agr. Code, § 31601 et seq.) are adopted and incorporated herein by reference.

B.

An administrative hearing to determine whether a dog is potentially dangerous or vicious shall be initiated and proceed in the following manner:

1.

If an animal regulation officer has investigated and determined that there exists probable cause to believe a dog is potentially dangerous or vicious, the supervisor of the sheriff's office animal regulation unit (or, subject to the terms and conditions of the county's contract with the contract agency, the chief executive officer of the contract agency or his/her designee) shall file a petition with the county administrative officer or his/her designee for a hearing to determine whether the dog in question should be declared potentially dangerous or vicious.

2.

All petitions filed pursuant to this section shall be prepared and served in the manner provided for in Food and Agricultural Code section 31621. The forms approved by the Judicial Council of California may be utilized for all petitions, proofs of service, notices, and orders.

3.

All hearings convened pursuant to this section shall be conducted in the manner and within the time periods provided for in Food and Agricultural Code sections 31621, 31622, and 31623.

4.

The hearing officer conducting any hearing pursuant to this section shall have the authority to issue subpoenas to compel attendance of witnesses and/or production of documents and to swear witnesses and may employ a competent reporter to record the proceedings of the hearing if, in the hearing officer's opinion, such a record is necessary. Any person failing to obey a subpoena, or subpoena duces tecum, or to be sworn and testify, shall be deemed to be in contempt of the hearing officer, and the hearing officer shall have the power to enforce the subpoena or subpoena duces tecum in any manner permitted by law and to take such proceedings and refer the contempt to the court to order the witness's compliance, as may be taken by a board of supervisors pursuant to Title 3, Division 2, Part 2, Chapter 1, Article 9 (Sections 25170-25176) of the Government Code.

5.

The county administrative officer or his/her designee shall issue a written determination and any order(s) within thirty days after the hearing is completed. The owner or keeper of the dog shall be notified by the county administrative officer or his/her designee personally or by first-class mail postage prepaid of the determination and all orders which may have been imposed.

6.

The county administrative officer or his/her designee is empowered to make the determinations and orders set forth in Articles 2 and 3, Chapter 9, Division 14 of the Food and Agricultural Code (commencing with section 31621). If the petitioner or the owner or keeper of the dog contests the determination, he or she may appeal the decision as provided in Chapter 9, Division 14 of the Food and Agricultural Code.

7.

If a dog is found to be potentially dangerous or vicious, it shall be so designated on the records of the animal regulation unit. The owner or keeper of a potentially dangerous or vicious dog shall in addition to the regular licensing and permit fees, pay to the animal regulation unit an annual fee to provide for the increased costs of maintaining the records of the dog.

8.

All sanctions and orders imposed on the owners and keepers of any dog determined potentially dangerous or vicious prior to the enactment of the ordinance codified in this section shall remain in effect. (Ord. 98-9 § 1 (part), 1998)

(Ord. No. 2011-02, § 1, 7-19-2011)