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A. “Vicious or dangerous animal” shall mean any domesticated animal which shows a propensity to attack, bite, scratch, or harass people or other animals without provocation.

B. The owner of any animal that has bitten or attacked any human being or has killed, attacked, or caused damage to any other animal shall have the duty to take such reasonable steps as are necessary to prevent his animal from biting or attacking another human being or from killing, attacking, or causing damage to any other animal.

C. The Chief of Animal Control, as to such vicious or dangerous animal, is empowered to:

1. Notify the owner of such animal that such owner is required thereafter at all times to keep such animal in a secure enclosure or provide such other adequate secure restraint as may be specified; or

2. Notify the owner of such animal that reasonable cause exists, and a concise statement of reasons therefor, to believe that such animal will continue in the future to be a menace to the safety of human beings or to other animals and that a hearing will be conducted by the Board of Supervisors, or Hearing Officer selected by the Board, to determine whether such animal should be destroyed.

D. Should a hearing be ordered for an animal pursuant to subsection (C) of this section, the animal shall be impounded at the discretion of the Chief of Animal Control until after the hearing occurs and a decision is rendered. The Chief of Animal Control may as an alternative require the owner of the animal to post a cash bond in the amount up to $500.00 or other security acceptable to County Counsel, which cash bond or other security shall be forfeited in the event the animal is not delivered into the custody of the Chief of Animal Control if such is ordered after consideration of all the evidence at the hearing.

1. Notification of such hearing shall be given by personal service of written notification on such owner not less than 10 calendar days prior to the hearing.

2. Such hearing shall be held not longer than 45 days after the animal is taken into custody, or 45 days after the incident if the animal is not in custody.

3. At such hearing, the owner shall have the right to testify, to be represented by counsel, to present witnesses on his own behalf, to cross examine all other witnesses, and present oral and written documents and evidence on the issue.

4. At the conclusion of the hearing, the Board or Hearing Officer may make such orders as are appropriate for the protection of the public, including, but not limited to, orders that the animal be destroyed by the Chief of Animal Control at a specified date, time, and location.

E. Failure to comply with any restraint order issued under this section is a misdemeanor. (Ord. 757, eff. 4/19/90. Formerly 8.08.300)