[beth gordon]

Another example of BSL we could share with Philly City Council

SAUSALITO ANIMAL CONTROL ORDINANCE

Chapter 6.04 of the Municipal Code

6.04.181 Potentially dangerous and vicious dogs.

6.04.181 Potentially dangerous and vicious dogs.

A. Except as otherwise provided under the provisions of subsections "B" through "M" of this section and in addition to all other requirements imposed on any such animal in this Chapter, the provisions of Chapter 9, Articles 1 through 5, Sections 31601 through 31683 and any amendments thereto exclusive of Sections 31602, 31603, 31606 and 31644 of the Food and Agricultural Code shall govern the regulation, control and disposition of vicious and potentially dangerous dogs in Sausalito.

B. "Potentially Dangerous Dog" means any of the following:

(1) Any dog which, when unprovoked on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

(2) Any dog which when unprovoked bites a person causing a less severe injury than as defined in Section 31604.

(3) Any dog which when unprovoked has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

C. "Vicious dog" means any of the following:

(1) Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or under subdivision (a) of Section 597.5 of the Penal Code.

(2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

(3) Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 6.04.181(b) or is maintained in violation of Section 31641, 31642 or 31643 of the California Food and Agricultural Code.

D. "Animal Control Department" means that agency appointed as poundkeeper for the City under the provisions of Section 6.04.110.

E. "Director" means executive Director of Marin County Animal Services or any person authorized to act on his/her behalf.

F. (1) If the Director has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious as defined by this ordinance, a hearing shall be conducted. The Director shall prepare a petition specifying the basis as to why the dog is potentially dangerous or vicious.

(2) Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the Director to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition.

(3) Prior to commencement of the hearing and if the allegations of the petition indicate that the dog is potentially dangerous as defined under subsection 6.04.181(b), the City Manager or his designee may offer in writing mediation services as an alternative to a hearing provided both the complainant and the owner agree in writing to mediation. Mediation must be concluded within thirty days of the offer to mediate. if mediation is refused or is unsuccessful, then the matter shall be referred to a hearing under subsection (f)(1).

(4) The City Manager or his designee shall designate a hearing officer from a panel of up to five persons whose membership shall be designated by the Board of Supervisors. Hearing officer applicants shall have had a minimum of five years experience as a practicing attorney and prior experience in administrative, arbitration or mediation hearings. Prior experience in care and control of animals shall also be considered but is not necessary. The hearing officer shall conduct a hearing on whether a dog shall be declared potentially dangerous or vicious. The hearing officer shall be compensated for the actual hours devoted to the hearing and its determination at the existing hourly rate or fraction thereof allowed a traffic referee of the Marin county Municipal Court.

(5)(a) The City Manager or his designee shall provide written notice to the owner of the specific behavior of the animal alleged in the petition and the date upon which a hearing will be held to consider the petition. The hearing shall be held not more than fifteen (15) days after service of notice upon the owner. The notice shall advise the owner of the consequences of a finding of potentially dangerous or vicious and the owner's right to present evidence as to why the dog should 'not be declared potentially dangerous or vicious. Service of the notice shall be made in accordance with Section 1.04.190 of the Marin County Code. Where the owner or address of any affected owner is unknown, notice of the hearing shall be given by posting the same in the office of the director and by publication in a newspaper of general circulation. Notice shall then be deemed given on publication of the notice.

(5)(b) A hearing may be continued if the hearing officer deems it necessary and proper or upon a showing of good cause.

(5)(c) The time for hearing and the hearing provisions of subsection "D"(5)(a) shall be stayed if mediation services are offered pursuant to the provisions of subsection "F"(3). The time for hearing and the hearing provisions of this subsection shall recommence at the date the City Manager or his designee has determined in writing that mediation has not been accepted or has been unsuccessful.

(6) In cases where complaints from the public serve as the evidentiary basis for the director to prepare a petition, at least one of the complainants or his or her designee in the matter must appear and testify at the hearing or the complaint shall be dismissed.

(7) If the owner fails to appear at the hearing, the hearing shall nevertheless proceed and an appropriate order shall be issued.

(8) The hearing officer shall consider all relevant responsible evidence without regard to the formal rules of evidence, including circumstances of mitigation, and the record of any prior violations by the owner.

(9) All witnesses shall testify under oath or affirmation. The oath shall be administered by the hearing officer. The hearing officer may, when appropriate, request the production of oral or documentary evidence which is reasonably necessary and relevant to conduct a hearing. All proceedings shall be tape recorded.

(10) The hearing officer shall issue a written determination based upon a preponderance of the evidence, which shall be mailed to the owner within seven days after the hearing is completed. The officer shall be empowered to require that the dog be disposed of in a manner consistent with the provisions of Food and Agriculture sections 31641 through 31646, and shall impose such other sanctions and remedies as set forth in this Article.

(11) If an animal is found to be potentially dangerous or vicious by a preponderance of the evidence, the animal shall be so designated on the records of Marin County Animal Services. Such a designation shall be considered in future determinations involving the animal and/or owner.

(12) The owner of a dog for which a potentially dangerous petition has been issued may irrevocably waive his right to a hearing and any further appeal under Food and Agricultural Code section 31622 and accept all conditions, sanctions and penalties set forth in Food and Agricultural Code sections 31641, 31642, and 31643, and Section 6.04.181(k).

G. In accordance with the provisions of Food and Agricultural Code section 31641, the owner of a potentially dangerous dog shall in addition to the regular licensing fee, pay to the animal control agency an annual fee of twenty-five dollars ($25.00) to provide for the increased costs of maintaining the records of the dog.

H. The owner of a dog determined to be vicious shall, in addition to the regular licensing fee, pay to the animal control agency an annual fee of fifty dollars ($50.00) to provide for the increased costs of maintaining the records of the dog.

I. The owner of a dog determined vicious shall, at his/her own expense, have the vicious animal registration number assigned to the dog tattooed upon the dog's left ear or, if the left ear is not available, on the left inner thigh, by a licensed veterinarian or a person trained, authorized and licensed to do business as a tattooist. As an alternative to tattooing, an owner may have a microchip injected beneath the skin, and between the shoulder blades of the animal by a licensed veterinarian. The owner shall provide proof satisfactory to Marin County Animal Services of such tattooing or microchipping within thirty days of the vicious determination.

J. An owner of a vicious dog shall, within ten days of such determination, present said animal at the Marin County animal services and allow photographs and measurements of the animal to be taken for purposes of identification.

K. An owner of a dog found potentially dangerous under Section 6.04.181(b), who has no additional violations of any of the provisions of Title 8 of the Marin County Code, within a thirty-six month period from the date of designation as potentially dangerous, shall be removed from the list of potentially dangerous dogs by the Director. The dog may be, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the thirty-six month period if the owner or keeper of the dog demonstrates to the Director that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to public safety.

L. An owner of a dog found vicious under Section 6.04.18l(c) (3), who has no additional violations of any of the provisions of Title 8 of the Marin County Code, after a thirty-six month period from the date of designation as vicious, may apply to the director to remove the animal from the list of vicious animals. The director shall remove the animal from the list of vicious animals upon proof of the successful completion of at least eight weeks of formal obedience training, other similar evidence of training, or other rehabilitative efforts designed to mitigate the risk to public safety.

M. All sanctions imposed on dogs determined potentially dangerous or dangerous prior to the enactment of this ordinance shall remain in effect, except that any violations subsequent to the enactment of this section shall be governed by this section. In determining subsequent violations the following provisions shall apply: Any dog previously determined potentially dangerous prior to the enactment of this section, shall be considered potentially dangerous as defined under the provisions of this ordinance and subject to all of its provisions governing the regulation and disposition of potentially dangerous dogs; any dog previously determined dangerous prior to the enactment of this ordinance shall be considered vicious as defined under the provisions of this ordinance and subject to all of its provisions governing the regulation and disposition of vicious dogs.

N. The City Manager may deputize the County Administrator to perform the duties assigned to the City Manager in this Chapter. Whenever the County Administrator is so deputized, the County Administrator may empower a deputy to perform the duties of the City Manager set forth herein.