POTENTIALLY DANGEROUS AND
VICIOUS ANIMALS
City Council Meeting
October 25, 2022
Adam Abel, Assistant City Attorney
City Attorney’s Office
1 BACKGROUND
In 2006, the City Council adopted Ordinance 3796,
establishing a program for the control of potentially
dangerous and vicious animals that incorporated
Chapter 9 of Division 14 of the Food & Agricultural
Code.
2 BACKGROUND
In 1989, the California Legislature adopted Food & Agricultural Code, Chapter 9, after finding and declaring:
• Potentially dangerous and vicious dogs had become a
serious and widespread threat to the safety and welfare of the citizens of the state.
• The number and severity of these attacks were attributed to failure of owners to register, confine, and properly control their aggressive dogs.
• The regulation and control of aggressive dogs was necessary as the then existing laws were inadequate to deal with the threat to public health and safety posed by these animals. 3 BACKGROUND
The incorporated Food & Agricultural Code statutes:
• Define what constitutes a potentially dangerous or
vicious dog;
• Address the disposition of these dogs;
• Provide a model provision for municipalities to follow; • Permit a city to adopt its own program for the control of potentially dangerous and vicious dogs that may
incorporate all, part, or none of this chapter.
.
4 BACKGROUND
Over the years, the City has seen a surge in the number and severity of attacks by dogs against individuals and/or their domestic animals due to owners’ failure to confine and
control their aggressive dogs.
.
5 BACKGROUND
The proposed amendments to Santa Rosa City Code Title 7, Chapter 7-04, Section 7-04.010, would redefine potentially dangerous and vicious animals to give the City Attorney discretion to seek a “vicious” designation on a dog that, when unprovoked, kills one or more domestic animals.
The amendments would:
• Enhance public safety.
• Place greater accountability on owners who fail to properly confine and control their aggressive animals. 6
AMENDMENTS
Chapter 7-04, Section 7-04.010. The
revisions include:
• Redefining potentially dangerous and vicious
animals, giving the City Attorney discretion to seek a
“vicious” designation on a dog that, when
unprovoked, kills a domestic animal;
• Broadening and amending the “Enclosure” definition to ensure a dog deemed potentially dangerous or vicious is properly confined at all times when on the owner’s
premises in order to prevent the animal from escaping.
7 RECOMMENDATION
It is recommended by the City Attorney’s
Office that the City Council introduce an
ordinance to amend City Code Chapter 7-04,
Section 7-04.010 to give City Attorney
discretion to seek a “vicious” designation on
an animal that, when unprovoked, kills
another domestic animal and to broaden the
definition of a secure “enclosure” to protect
the public health, safety and welfare. 8
QUESTIONS
9