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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B31-42. Potentially dangerous dogs.

(a) Every owner/guardian of a potentially dangerous dog over four (4) months of age shall register such dog with the Manager. Such registration shall be renewed on an annual basis. A registration fee for such dogs shall be fixed by resolution of the Board of Supervisors. The registration fee is in addition to the license fee required by Section B31-35.

(b) The Manager of Animal Care and Control, after consideration of the definition set forth in Section B31-1(s), may propose that a dog be designated potentially dangerous. The Manager shall provide notification of the proposed designation by posting a notice at the animal's location, or by mail or personal delivery to the owner/guardian or person with the right to control the animal. The notice shall contain the grounds on which the proposed designation is based, the requirements of owning/being the guardian of a potentially dangerous dog and information of the right to challenge the designation.

(c) If the owner/guardian or person with the right to control the animal wishes to challenge the proposal to designate the dog as potentially dangerous, he or she shall so advise the Manager, in writing, within five days, excluding weekends and holidays, from the date of notification.

(1) The Manager shall promptly set the time and place for the hearing before him and shall cause notice of such hearing to be mailed to the requesting party not less than five days, but no more than ten days, excluding weekends and holidays, before the hearing.

(2) The hearing shall be conducted as set forth in Section B31-26. A designation of potentially dangerous shall be made based on a preponderance of the evidence and the decision of the hearing officer shall be final.

(3) Any owner/guardian or person with the right to control an animal who fails to challenge the proposal to designate a dog as potentially dangerous, or fails to appear at the hearing will forfeit all rights to challenge the designation and the proposed designation shall take effect after the time for hearing has passed.

(d) Every owner/guardian of a potentially dangerous dog shall obtain a public liability insurance policy from an insurer licensed to practice in the State of California, in a single-incident amount of not less than fifty thousand dollars. Such owner/guardian shall give written notice to the Manager of any cancellation or material change in such policy at least thirty days prior to the date of such cancellation or material change.

(e) Notwithstanding Subsection (a) and (d) above, the owner/guardian or person with a potentially dangerous dog in his or her possession shall:

(1) Keep such dog under his or her own physical restraint by means of both a leash not to exceed six feet in length and a muzzling device;

(2) Keep such dog indoors or in an enclosed and locked pen or kennel having secured sides and a secured top attached to the sides, and having a secure bottom or floor attached to the sides, or with sides embedded not less than two feet into the ground, behind a fence of sound construction not less than six feet high;

(3) Ensure that when such dog is in the house, apartment, building or similar structure, that the windows and doors of same are secured to prevent such dog from exiting without the assistance of the owner/guardian or person with the right to control such dog; and

(4) Post a sign advising of the presence of a potentially dangerous dog at the entrance to every place wherein any such dog is confined. The sign shall be capable of being understood by a child, and shall be provided by the Manager.

(f) If the dog in question dies, or is sold, transferred, or permanently removed from the city or county where the owner/guardian or keeper resides, the owner/guardian of a potentially dangerous dog shall notify the Animal Care and Control Division of the changed condition and new location of the dog in writing within two working days.

(Ord. No. NS-300.745, § 1, 5-2-06)

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