To insure public safety, it is hereby declared to be the policy of this city that keepers and harborers of dogs capable of inflicting life threatening injuries upon human beings, are hereby held to a high standard of care regarding such animals. This ordinance does not target specific breeds, but rather dangerous behavior.
(Ord. 1331; Ord. 1523; Code 2015; Ord. 1614; Ord. 1642)
(a) In the event that a law enforcement officer has probable cause to believe that a dog is dangerous, as defined by Section 2-116 and/or 2-403, the municipal judge shall be empowered to convene a hearing for the purpose of determining whether or not the dog in question should be declared dangerous as defined by Section 2-116 and/or 2-403. The chief of police or municipal judge may order the dog to be impounded at a licensed veterinary clinic or the humane society pending the determination of whether the dog is dangerous. The owner or keeper of the dog shall be liable for the costs of keeping such dog and the municipal judge shall assess these costs to the owner or keeper of the dog.
(b) The chief of police shall notify the owner or keeper of the dog that the hearing will be held, at which time evidence will be presented that the dog is dangerous and at which time the owner or keeper of the dog may present evidence to rebut evidence presented by the city and present such other evidence as may be relevant. The failure of the owner or keeper to attend or participate in the hearing shall not keep the judge from making the appropriate determination concerning the dog. The hearing shall be held promptly within no sooner than five (5) nor later than twenty (20) days after service of notice upon the owner or keeper of the dog. The city shall have the burden of proof to show that it is more probably true than not that the dog is dangerous as defined by Section 2-116 and/or 2-403.
(c) Following such hearing, the owner or keeper of the dog shall be notified in writing of the determination. If a determination is made that the dog is dangerous, the owner or keeper shall comply with the provisions of Article 4 within fifteen (15) days of the declaration. The municipal judge may order the “dangerous dog” to be kept impounded at a licensed veterinary clinic or the humane society pending the owner of the “dangerous dog” providing proof of compliance with the provisions of Article 4 and payment in full of the costs of keeping the dog impounded. If the owner fails to comply with the provisions of Article 4 within the time provided, the dog may be destroyed or banned from the City of Stockton as determined by the municipal judge. If the owner or keeper of the dog contests the determination, he or she may appeal within ten (10) days to the district court pursuant to law.
(Ord. 1331; Ord. 1523; Code 2015; Ord. 1614; Ord. 1642)
Dangerous dog shall mean and include any dog, which is known to his keeper or harborer, or reasonably should be known to his keeper or harborer, to have a propensity, tendency or disposition to unprovoked attacks, to cause injury, or to otherwise endanger the safety of human beings or domestic animals.
(a) Any dog which has attacked or attempts to attack a human being or domestic animal without provocations;
(b) Any dog kept or harbored primarily, or in part, for the purpose of dog fighting, or any trained for dog fighting;
(c) Any dog not owned by a governmental or law enforcement unit used primarily to guard public or private property;
(d) Any dog that has been found to be a “dangerous dog” in another jurisdiction that has a “dangerous dog” ordinance similar to the ordinance adopted by the City of Stockton. There will be no requirement for a further finding of the dog to be a “dangerous dog” by the municipal court and any such previously declared “dangerous dog” shall be subject to the requirements of this Article including the penalties herein.
See Section 2-116 for full definitions
(Ord. 1331; Ord. 1523; Code 2015; Ord. 1614; Ord. 1642)
Dogs found to be dangerous or potentially dangerous must be muzzled and restrained by a substantial leash and collar and must be accompanied by a responsible person at all times when outside the enclosure as stated in Section 2-405.
(Ord. 1523; Ord. 1614; Ord. 1642)
All “Dangerous dogs” shall be securely confined indoors or in a securely enclosed and locked pen, except when leashed as above provided. Such pen, kennel or structure must have secure sides at least six feet high, made of at least nine-gauge chain link with no more than one-inch spacing, a secure top must be attached to the sides. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground not less than two feet. All structures used to confine “Dangerous dogs” must be locked with a key or combination lock when such animals are within the structure.
(Ord. 1523; Ord. 1614; Ord. 1642)
No “Dangerous dogs” may be kept on a porch, patio or in part of a house or structure that would allow the dog to exit such a building on its own volition. In addition, no such dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the animal from exiting the structure.
(Ord. 1523; Ord. 1614; Ord. 1642)
All owners, keepers, harborers of “Dangerous dogs” within the city limits shall display on their premises a prominent sign easily readable by the public using the words “BEWARE OF DOG.” In addition, a similar sign must be posted on the kennel or pen of such animal.
(Ord. 1523; Code 2015; Ord. 1614; Ord. 1642)
All owners, keepers or harborers of “Dangerous dogs” must provide proof to the City Clerk of public liability insurance with policy limits no less than $100,000 per occurrence for bodily injury or property damage and covering any injury or damage caused by such animal. The insurance policy must name the City of Stockton as an additional for the purpose of receiving notification of termination.
(Ord. 1523; Ord. 1614; Ord. 1642)
All owners, keepers or harborers of “Dangerous dogs” must report the following information in writing to the City Clerk:
(a) The removal from the city or death of the dog; and
(b) The new address of the dog owner or keeper should the owner or keeper move within the corporate city limits.
(Ord. 1523; Ord. 1614; Ord. 1642)
All owners, keepers or harborers of dangerous dogs must meet all requirements of Section 2-201 “Registration and Vaccination Tax”. The City of Stockton reserves the right to enforce an additional fee for a “Dangerous dog”. The dangerous dog shall have a microchip implanted to identify the “dangerous dog” at the expense of the owner. The microchip information shall be provided to the City of Stockton.
(Ord. 1523; Ord. 1614; Ord. 1642)
Any person violating or permitting the violation of any provision of this section shall upon conviction in municipal court be guilty of a Class B misdemeanor. In addition to the fine imposed the court may sentence the defendant to imprisonment in the county jail for a period of not to exceed thirty (30) days. In addition, the court shall order the subject dog removed from the City or destroyed. Should the defendant refuse to remove the dog from the City, the municipal court judge may find the defendant owner in direct contempt of court and may order the immediate confiscation, impoundment and destruction of the animal. Each day that a violation of this section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article.
(Ord. 1614; Ord. 1642)
Notwithstanding any other provision of this Article to the contrary and irrespective of whether the dog has been declared dangerous pursuant to this Article, the municipal judge may order any dog destroyed if the Judge determines that the dog is an immediate threat to public health and safety and that confinement and registration of the dog by the owner or keeper of the dog as provided in this Article will not adequately protect public health and safety. NO person shall harbor, own, or possess a dog that is an immediate threat to public health and safety. In making such determination, the Judge may consider the severity of the attack and such other relevant information. The municipal judge shall have the authority to sentence the person adjudicated guilty of this Section to serve up to a maximum of six (6) months in jail and to pay a fine not to exceed $1,000.00.
(Ord. 1642)