Chapter 6.18 DANGEROUS DOGS

Chapter 6.18
DANGEROUS DOGS

Sections:

6.18.010 Definitions.

6.18.020 Classification of levels of dangerousness.

6.18.030 Identification of dangerous and potentially dangerous dogs – Appeals – Restrictions pending appeal.

6.18.040 Regulation of potentially dangerous dogs.

6.18.050 Euthanasia for dangerous dogs.

6.18.060 Penalty.

6.18.070 Impoundment pending adjudication of infraction.

6.18.010 Definitions.

As used in this chapter, unless the context requires otherwise:

(1) “Dog at large” means any dog:

(a) On private property without the permission of the owner or person entitled to possession and not restrained by a physical control device and under the control of a person capable of physically restraining the dog; or

(b) On public property and not restrained by a physical control device and under the control of a person capable of physically restraining the dog.

(2) “Council” means the City Council of the City of Albany.

(3) “Dangerous dog” means any dog that has been found to have engaged in any of the behaviors specified in AMC 6.18.020(2).

(4) “Director” means the person appointed by the Council to act under this chapter.

(5) “Euthanized” means put to death in a humane manner by a licensed veterinarian or animal control officer.

(6) “Hearings Officer” means the City Council or a person appointed by the City Council to review the correctness of the Director’s determination that a dog has engaged in any of the behaviors specified in AMC 6.18.020.

(7) “Owner” means the person having a possessory property right in a dog or who harbors, cares for, exercises control over or knowingly permits a dog to remain on premises occupied by that person.

(8) “Person” means any natural person, association, partnership, firm or corporation.

(9) “Potentially dangerous dog” means any dog that has been found to have engaged in any behaviors specified in AMC 6.18.020(1).

(10) “Physical control device” means a sufficiently strong collar connected to a leash or tether made of chain links, or other material as strong, so as to prevent the escape of a dog.

(11) “Serious injury” means any physical injury that results in a broken bone or the need for stitches, or any other medical condition determined by the Director, in consultation with the County Health Officer, the County Health Officer’s designee, or any medical doctor to be of equal or greater severity. (Ord. 4847 § 1, 1989).

6.18.020 Classification of levels of dangerousness.

(1) A dog shall be classified as potentially dangerous based upon specific behaviors exhibited by the dog as follows:

(a) While at large, on more than two occasions within a single 24-month period, it bites any domestic animal, or

(b) While at large, it bites a human being or seriously injures any domestic animal.

(2) A dog shall be classified as dangerous if it causes the serious injury or death of any person or kills any domestic animal. A dog classified as a potentially dangerous dog shall thereafter be reclassified as a dangerous dog if, after the owner has received notice of the potentially dangerous classification, the dog again engages in conduct which would classify it as a potentially dangerous dog.

(3) The Director shall have the authority to refrain from classifying a dog as dangerous or potentially dangerous, even if the dog has engaged in the behaviors specified in subsections (1) or (2) above, if the Director determines that the behavior was caused by abuse or torment of the dog or other provocation.

(4) No dog shall be found to be dangerous or potentially dangerous if it is a dog trained for law enforcement purposes and is on duty under the control of a law enforcement officer at the time it exhibits behavior under subsection (1) or (2) above. (Ord. 4847 § 1, 1989).

6.18.030 Identification of dangerous and potentially dangerous dogs – Appeals – Restrictions pending appeal.

(1) The Director shall have authority to determine whether any dog has engaged in the behaviors specified in AMC 6.18.020. The determination shall be based upon an investigation that includes observation of the dog’s behavior by animal control officers or by other witnesses who personally observed the behavior. If the determination is based upon observations of witnesses other than animal control officers, the witnesses must first sign affidavits attesting to the observed behavior and must agree to provide testimony regarding the dog’s behavior if called upon to do so.

(2) The Director shall give the dog’s owner written notice by certified mail or personal service of the dog’s specific behavior, of the dog’s classification as a dangerous or potentially dangerous dog, and of the additional restrictions applicable to that dog by reason of its classification. Other forms of notification which result in actual notice of the information required above, shall be sufficient. If the owner denies that the behavior in question occurred, the owner may appeal the Director’s decision to the Hearings Officer by filing, with the Director, a written request for hearing. The request for hearing must be received, by the Director, within 10 days of the following, whichever occurs first:

(a) The date of mailing of notice to the owner, by certified mail;

(b) The date the notice is personally served upon the owner; or

(3) The Hearings Officer shall hold a public hearing on any appeal from the Director’s decision to classify a dog as a dangerous or potentially dangerous dog. The owner and any other person having relevant evidence concerning the dog’s behavior as specified in AMC 6.18.020 shall be allowed to present testimony. The Hearings Officer shall determine whether the behavior specified in AMC 6.18.020 was exhibited by the dog in question. The Hearings Officer shall issue an order containing his/her determination, which shall be final.

(4) Once the owner has received notice of the dog’s classification pursuant to subsection (2) above, the owner shall comply with the restrictions specified in the notice until such time as the Director’s decision is reversed on appeal. Additionally, the Director shall have authority to impound the dog pending completion of all appeals if the Director has reasonable grounds to believe that the owner of the dog has failed to comply with any of the restrictions specified in the notice of classification. If the Director’s decision concerning the classification of the dog is upheld on appeal, the dog’s owner shall pay to the City all costs incurred in the dog’s impoundment.

(5) If the Director finds that a dog is a dangerous dog, the dog shall be impounded pending the completion of all appeals. If the Director’s decision is upheld on appeal, the dog’s owner shall pay to the City all costs incurred in the dog’s impoundment. (Ord. 4847 § 1, 1989).

6.18.040 Regulation of potentially dangerous dogs.

In addition to complying with all other requirements of this chapter, the owner of a potentially dangerous dog shall:

(1) Physically restrain the dog to prevent it from having access to any public sidewalk, roadway, adjoining property, or any other portion of the property from which the public is not excluded.

(2) Fasten to a collar and keep on the dog at all times such tag as may be issued by the City of Albany, identifying the dog as a potentially dangerous dog.

(3) Pay an annual fee of [____] at the time the tag described in subsection (2) above is issued and a like fee each year thereafter so long as the dog remains within the corporate limits of the City of Albany. This fee shall be in addition to any other license fee.

(4) Notify the Director by certified mail where the dog is kept within 10 days of any change.

(5) Post a warning sign, supplied by the Director, at the location the dog is kept, in a conspicuous place visible from the public sidewalk or road adjoining the property or, if no such public sidewalk or road adjoins the property, then at the boundary line of the property where access is provided to the property.

(6) The requirements of this section shall apply to any person to whom ownership of a potentially dangerous dog is transferred. (Ord. 5026 § 1, 1993; Ord. 4847 § 1, 1989).

6.18.050 Euthanasia for dangerous dogs.

Any dog that has been found to be a dangerous dog shall be euthanized. If a dog is euthanized by a licensed veterinarian, the veterinarian shall certify to the City of Albany that the dog has been euthanized. (Ord. 4847 § 1, 1989).

6.18.060 Penalty.

The violation of any provision of this chapter shall be punishable subject to the penalties set forth in AMC 1.04.010. In addition to these penalties, the Municipal Court Judge may order the dog in question euthanized if the Judge finds that the owner of the dog has failed to comply with any of the requirements of this chapter after having received notification that the dog in question has been classified as a dangerous or potentially dangerous dog. (Ord. 4927 § 1, 1990; Ord. 4847 § 1, 1989).

6.18.070 Impoundment pending adjudication of infraction.

If the owner of any dog is cited for an infraction based upon the violation of any provision of this chapter, the Director may impound the dog pending adjudication of the infraction if, in the exercise of reasonable discretion, he/she believes that the dog constitutes a threat to public safety and/or private property. If the dog’s owner is convicted of the infraction which caused the impoundment, the dog’s owner shall pay to the City all costs incurred in the dog’s impoundment and unless such costs are paid within 10 days of the date when the owner is convicted of the infraction, the dog shall be euthanized. Euthanasia shall not relieve the owner of his/her responsibility to pay impoundment costs previously incurred. (Ord. 4847 § 1, 1989)