City of Santa RosaVicious Dog Ordinance
1 Public Safety Subcommittee Meeting June 15, 2022
John Cregan, Santa Rosa Police Chief
Adam Abel, Assistant City Attorney
Joey Hejnowicz, Public Works
Brian Whipple and Kevin Davis, Sonoma County Animal Services
Vicious Dog Ordinance
Food & Agricultural Code, Chapter 9, Potentially Dangerous and Vicious Dogs (§§ 31601-31683) Adopted by California State Legislature in 1989 – aggressive dogs had become a serious and widespread threat to safety and welfare to the citizens of the state.
Codified into law to address the failure of owners to confine and properly control their potentially dangerous and vicious dogs. 2 Vicious Dog Ordinance
These state statutes:
Define what constitutes a potentially dangerous and/or vicious dog; Address the disposition of these dogs;
Provide a model provision for municipalities to follow; Permit a city to adopt it own program for the control of potentially dangerous and vicious dogs that may incorporate all, part, or none of this chapter. 3 Vicious Dog Ordinance
“Vicious” Dog Defined (SRCC §7-04.010(S)):
Inflicts severe injury on or kills a human being;
“Severe injury” means a physical injury that results in muscle tears, disfigured lacerations, multiple sutures, and/or corrective or cosmetic surgery (SRCC §7-04.010(R).) A dog previously designated as “potentially dangerous” that continues the same (aggressive) behavior or subsequently gets loose from its owner’s property (SRCC §7-04.010(S).) 4 Vicious Dog Ordinance
“Potentially Dangerous” Dog Defined (SRCC §7-04.010(O)):
A bite to a human that is less than “severe”;
An attack that occurs off the property of its owner that kills or inflicts injury upon another domestic animal; A dog which, when off the property of its owner, on two separate occasions within a 36-month period, engages in behavior that requires defensive actions by a person to prevent bodily injury. 5 Vicious Dog Ordinance
Proposed Amendment to Strengthen City Ordinance:
Give the City Attorney discretion to seek a “vicious” designation on a dog that, when unprovoked, and when off the property of its owner, kills one or more domestic animals. 6 Vicious Dog Ordinance
Pros and Cons of Proposed Amendment
Pros:
Would better support an Animal Control Officer’s discretionary decision (with City Attorney input) to seize and impound the dog, post attack, in the interests of public safety, pending the outcome of the hearing.
Provide the City Attorney with an enforcement tool more commensurate with the magnitude of the victim’s loss.
May have the effect of minimizing some future dog attacks. 7 Vicious Dog Ordinance
Cons:
Will not likely deter negligent dog ownership.
The disposition of a “vicious” dog remains within the Court’s discretion – the preference has not been to humanely euthanize “vicious” dog except in the most egregious cases where the threat to public safety is irrefutable. 8 Animal Services
Responsibilities:
Lost and Found Animals
Rabies Control
Animal Cruelty Investigations
Potentially Dangerous and Vicious Animal Investigations Patrol of City Parks
Nuisance Animals
Disaster/Emergency Response
Attending events in the community
9 Animal Services Staffing
Total of 28 staff members plus 2 contractors. 3.5 Clerical, 4.5 Animal Health Technicians, 6 Animal Care Assistants, 10 Animal Control Officers, 2 Admin Aides, 1 Analyst, 1 Operations Manager, 1 Contract Veterinarian, 1 Contract Social Media Consultant Normal hours of operation. Shelter 9am-5:30pm Tue-Sat, Field normal hours 8:00am-4:00pm Sunday-Saturday Two Animal Control Officers Assigned to City limits
On Call consists of two officers - one for the City and one for the unincorporated area of Sonoma County. 4:00pm-8:00am During normal hours officers are dispatched from our main office. After hours dispatched through Santa Rosa PD dispatch.
After hours response time to scene
10 Potentially Dangerous & Vicious Requirements
Properly licensed and vaccinated
Potentially Dangerous fee $148 or Vicious fee $371
Must be kept indoors or in a secure enclosure, or
Walked with an approved collar/leash and muzzle
A sign must be posted facing the public street
Must be microchipped and sterilized
Vicious - same requirements as Potentially Dangerous plus $500,000 liability insurance and may not be kept on premises where minor children reside or are present Potentially Dangerous - animal is designated for a three-year period Vicious designation - animal is designated for life
11 Potentially Dangerous & Vicious Animals
Dog bites a person/domestic animal, or
Two incidents within thirty-six months requiring a person to take defensive action to prevent bodily injury Animal Services investigates and interviews all party's involved including all witnesses The offending animal will be impounded under city code if a vicious designation is being sought with the possibility of euthanasia Potentially Dangerous - animal owner is given the opportunity to voluntarily designate, or a petition is filed in Superior Court Vicious - if euthanasia is not being sought and the owner can comply with all the requirements, a voluntary agreement may be obtained 12 In the majority of cases the animals are seized and boarded at SCAS until the case has been adjudicated. Can take up to a year and sometimes longer.
All vicious cases and some potentially dangerous cases are discussed with The Santa Rosa City Attorney Adam Abel Anthony Baca Vicious Case (2021) involved several court appearances and hundreds of hours in county and city time Countless hours are spent on investigations, contacting witnesses, victims and owners. 13 Potentially Dangerous & Vicious Animals
Santa Rosa contract with Animal Services
In August 2000, Santa Rosa approved Resolution #24525 approving an Agreement with County of Sonoma for animal control construction and service programs County of Sonoma Agreement to provide animal sheltering and regulation services in Santa Rosa for a term of 30 years Provide like treatment of animals / utilization of animal capacity Enforcement of City Animal Ordinance and Fee Schedule
14 Cost of the Contract
Approximately $2 million dollars annually
Past five (5) year average: $1,851,623.00
City cost = allocated operating expense, less City fees and penalties City pays share of allocated operating expenses based off percentage (%) of City Calls 15 Staffing Requirements per Contract
As of July 1, 2011, the County staff will consist of 28.5 staff Any staffing changes that are expected to affect services will be brought to the attention of the City County to provide field services within the boundaries of Santa Rosa at levels consistent with County field services Routine Service hours
M-F 8am to 5pm
Saturday/Sunday 8am to 4:30pm
Emergency/Holiday/After Hours
Provided to City during all hours not considered routine Emergencies will receive response normally no longer than 45 minutes 16 Animal Services Models
County Direct Service Provision (status quo)
Public-Private Non-Profit Partnership
Joint Powers Authority
City Delivered Program
17 Questions?
18