HomeMy WebLinkAboutOrdinances_2988ORDINANCE NO. 2988
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING IN I T S
ENTIRETY CHAPTER 6.05 OF TITLE 6 OF THE REDLANDS MUNICIPAL CODE
RELATING TO VICIOUS AND POTENTIALLY DANGEROUS DOGS
WHEREAS, Chapter 6.05 ("Vicious and Potentially Dangerous Dogs") of the Redlands
Municipal Code establishes definitions, procedures, and regulations related to the identification
and management of potentially dangerous and vicious dogs within the City of Redlands; and
WHEREAS, Ordinance No. 2988 would amend Chapter 6.05 of the Redlands Municipal
Code to update and clarify definitions for "potentially dangerous dogs" and "vicious dogs," and
other definitions specifying behaviors, circumstances and conditions that qualify a dog for such
designations; and
WHEREAS, Ordinance No. 2988 further refines the definitions of "severe injury,"
"provoke," "impounded," and 'owner" to ensure consistent interpretation and enforcement of
animal services regulations within the City; and
WHEREAS, Ordinance No. 2988 enhances public safety by specifying the authority of
animal control officers and law enforcement to seize and impound dogs posing an immediate
threat, while also updating procedures for administrative hearings by hearing officer, appeal rights,
and compliance conditions for owners of potentially dangerous or vicious dogs; and
WHEREAS, the City Council has determined that these amendments are necessary to
protect the health, safety, and welfare of residents, pet owners, and the general public within the
City of Redlands.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 6.05 of Title 6 of the Redlands Municipal Code is hereby amended
in its entirety to read as follows:
"CHAPTER 6.05
VICIOUS AND POTENTIALLY DANGEROUS DOGS
SECTION:
6.05.010: Potentially Dangerous Dog Defined
6.05.020: Vicious Dog Defined
6.05.030: Severe Injury Defined
6.05.040: Provoke Defined
6.05.050: Impound Defined
6.05.060: Owner Defined
6.05.070: Nonapplication of Chapter
6.05.080: Ownership or Custody of Potentially Dangerous or Vicious Dog
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6.05.090: Administrative Hearing Officer
6.05.100: Right of Entry and Inspection
6.05.110: Authority to Seize and Impound Dog Posing an Immediate Threat to Public Safety
6.05.120: Notice & Order of Potentially Dangerous or Vicious Dog
6.05.130: Service
6.05.140: Circumstances Under Which Dogs May Not Be Declared Potentially Dangerous Or
Vicious
6.05.150: Potentially Dangerous Designation Maintained In Registration Records
6.05.160: Removal Of Potentially Dangerous Dog Designation and Relief from Conditions Thereof
6.05.170: Prohibition Of Owning, Possessing, Controlling Or Having Custody of Other Dogs
6.05.180: Penalties, Fines, Fees and Remedies
6.05.010: POTENTIALLY DANGEROUS DOG DEFINED:
"Potentially dangerous dog" means any of the following:
A. Any dog that on two (2) separate occasions within the preceding thirty-six (36) month period,
engaged in any unprovoked behavior that required a defensive action by any person to prevent bodily
injury to a person, domestic animal, or livestock, off the property of the owner or within a common
area of a multi -family residential property.
B. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined
in section 6.05.030 of this Chapter.
C. Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty-six
(36) month period, has seriously bitten, inflicted injury, or otherwise caused injury attacking a
domestic animal off the properly of the owner of the dog or within a common area of a multi -family
residential property.
D. Any dog, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused
injury to a domestic animal or livestock while off the property of the owner of the dog or within a
common area of a multi -family residential property.
6.05.020: VICIOUS DOG DEFINED:
"Vicious dog" means any of the following:
A. Any dog seized under section 599aa of the California Penal Code and upon the sustaining of a
conviction of the owner under subdivision (a), section 597.5 of the Penal Code;
B. Any dog which, when unprovoked, inflicts severe injury on or kills a human being;
C. Any dog previously determined to be and currently listed as a potentially dangerous dog in the
City of Redlands, or a potentially dangerous dog, dangerous dog, or vicious dog in any other
jurisdiction, which, after its owner has been notified of this determination, continues the behavior
described in section 6.05.010 of this Chapter or is maintained in.violation of any conditions imposed
pursuant to sections 6.05.120 of this Chapter, a stipulation, an administrative decision, a court order,
or restrictions placed upon it by another jurisdiction.
6.05.030: SEVERE INJURY DEFINED:
"Severe injury" means any physical injury to a human being that results in a serious illness or injury,
including, but not limited to, a major fracture, muscle tears, or disfiguring lacerations, or that requires
multiple sutures, or corrective or cosmetic surgery.
6.05.40: PROVOKE DEFINED:
"Provoke" means to perform an intentional act or omission that a reasonable person would conclude
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is likely to cause a bite, injury, or attack by an ordinary dog.
6.05.050: IMPOUND DEFINED:
"Impound" means to take into the custody of the public pound or animal services division or provider
of animal services to the city.
6.05.060: OWNER DEFINED:
"Owner" means and includes any person who is listed as an owner of a dog on a dog license, as well
as any other person who controls, keeps, harbors, or has custody of the dog.
6.05.070: NONAPPLICATION OF CHAPTER:
Except where otherwise set forth in this Chapter, the provisions of this Chapter do not apply to
licensed kennels, humane society shelters, animal services facilities, or veterinarians; nor shall the
provisions of this Chapter apply to dogs while utilized by any police department or any law
enforcement officer in the performance of police work.
6.05.080: OWNERSHIP OR CUSTODY OF POTENTIALLY DANGEROUS OR VICIOUS
DOG:
A. It is a public nuisance and a misdemeanor offense for any person to own, possess,
keep, or have care, custody, or control of a dog within the City of Redlands that has been declared to
be potentially dangerous or vicious, except if in compliance with the provisions of this Chapter.
B. Any person who owns, possesses, or has care, custody, or control of a dog within the
City of Redlands that has been declared to be potentially dangerous or vicious shall adhere to all
conditions imposed pursuant to any notice, order, or decision issued pursuant to the provisions of this
Chapter.
C. Any person who owns, possesses, or has care, custody, or control of a dog within the
City of Redlands that has been declared to be potentially dangerous, dangerous, or vicious in any
other jurisdiction, shall notify the Animal Services Supervisor for the City of Redlands within three
(3) business days of the dog's entry into the City of Redlands.
6.05.090: ADMINISTRATIVE HEARING OFFICER:
The administrative hearing officer shall be appointed and have the authority as set forth in this
Chapter and Section 1.22.100 of this Code.
6.05.100: RIGHT OF ENTRY AND INSPECTION:
Any animal control officer, law enforcement officer, or other official authorized to enforce the
provisions of this Chapter may enter and inspect private real property and buildings thereon as
follows:
A. The owner or occupant of the building or property consents to the entry and inspection after
the authorized official presents his credentials and explains the reasons for the entry and inspection;
or,
B. The authorized official obtains a warrant for the entry and inspection of a building or
property pursuant to California Code of Civil Procedure Sections 1822.50, et seq. or any other
applicable law; or,
C. The authorized official is complying with an Order issued by the San Bernardino Superior
Court or other Court of competent jurisdiction; or,
D. The authorized official has reasonable cause to believe that the keeping of an animal on the
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property is so hazardous, unsafe, or dangerous that an immediate inspection is necessary to safeguard
an animal or public health and safety. Under these circumstances, the authorized official may use
reasonable means to immediately enter and inspect the building or property after presenting proper
credentials to the owner or occupant and requesting entry, if possible, under the circumstances.
6.05.110: AUTHORITY TO SEIZE AND IMPOUND DOG POSING AN IMMEDIATE
THREAT TO PUBLIC SAFETY:
Where any animal control officer, law enforcement officer, or other official authorized to enforce the
provisions of this Chapter determines that probable cause exists to believe the dog in question poses
an immediate threat to public safety, the official may order any of the following pending a
determination pursuant to this Chapter of whether the dog is potentially dangerous or vicious:
A. Seize and impound the dog.
1. Any animal control officer, law enforcement officer, or other official authorized to
enforce the provisions of this Chapter may enter onto private property, and any building or structure
thereon, to seize a dog as set forth in Section 6.05.100 of this Chapter.
2. The owner of the dog will be liable for fees, costs, and expenses of seizing and
impounding the dog (including any associated housing, feeding, and medical costs) if the dog is
subsequently determined to be potentially dangerous or vicious in accordance with this Chapter. All
fees, costs, and expenses shall be paid before release of the dog, but no later than 14 days after the
dog is available to be released. No dog shall be released unless licensed and vaccinated; or,
3. If the Animal Services Supervisor determines that it is not contrary to public safety,
the animal control officer may permit the animal to be confined in a city -approved kennel or
veterinary facility, at the owner's expense. In such instance, once confined, the dog shall not be
released or relocated without prior approval of the Animal Services Supervisor.
B. Order containment of the dog. If the Animal Services Supervisor determines that it is not
contrary to public safety, the animal control officer may permit the animal to be confined in either of
the following alternative locations at the owner's expense:
1. City -approved kennel or veterinary facility. In such instance, once confined, the
dog shall not be released or relocated without prior approval of Animal Services Supervisor; or,
2. Owner's premises. In such instances, the owner shall keep the dog securely
restrained on the owner's premises by use of a chain, cable, or tether attached to the dog's collar or
harness, provided the restraint is safe, does not pose an unreasonable risk of harm, and prevents the
dog from leaving the property; a running line, pulley, or trolley system may be used if it allows the
dog to move safely and freely within the premises while maintaining secure containment; and the dog
may alternatively be confined within an enclosure, which means a fence or structure that will prevent
the entry of young children and will confine a potentially dangerous or vicious dog, in conjunction
with any other measures required of the owner or custodian, and that is designed to prevent the
animal from escaping. The Animal Services Supervisor may also impose additional conditions upon
the release of the dog consistent with this Chapter.
6.05.120: NOTICE & ORDER OF POTENTIALLY DANGEROUS OR VICIOUS DOG:
If the Animal Services Supervisor, or designee thereof, has cause to believe that a dog is potentially
dangerous or vicious, as defined in this Chapter, the Animal Services Supervisor, or designee thereof,
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may find and declare a dog to be potentially dangerous or vicious in accordance with the provisions
set forth herein.
A. Notice & Order. Upon finding a dog to be potentially dangerous or vicious, the Animal
Services Supervisor, or designee thereof, shall issue a written Notice & Order to the owner that shall
contain, at a minimum, the following information:
1. A description of the dog that is the subject of the Notice & Order;
2. The owner of the dog that is the subject of the Notice & Order;
3. The residential address of the dog that is the subject of the Notice & Order;
4. A recital of any findings that the dog is potentially dangerous or vicious;
5. A description of actions or facts that give rise to the finding that the dog is potentially
dangerous or vicious;
6. Either an order imposing conditions for the release of the dog and authorizing the dog to
remain in the City of Redlands, or, alternatively, if the release of the dog would create a
significant threat to the public health, safety, and welfare, an order that the dog be
euthanized;
7. The right of the owner of the dog to appeal the Notice & Order, the procedures for
appealing the Notice & Order — including any applicable deadlines to appeal the Notice &
Order as set forth in Section 6.05.120.0 of this Chapter;
8. A statement that the Notice & Order shall be final and binding unless timely appealed;
and,
9. The name of the Animal Services Supervisor or designee thereof and the date of the
Notice & Order.
B. Conditions for Maintenance of Potentially Dangerous or Vicious Dog in City.
1. In order to protect the health, safety, and welfare of the public, upon a determination
that a dog is potentially dangerous or vicious and that the dog can be released to the custody of the
owner of the dog, the Animal Services Supervisor (or designee thereof) shall impose the following
conditions upon any dog declared to be potentially dangerous or vicious.
a. The dog shall be licensed and vaccinated in accordance with Chapter 6.04 of this
Code, and microchipped, at owner's expense.
b. The dog shall be spayed or neutered, at owner's expense.
c. The dog shall be subject to annual registration with the Animal Services
Supervisor as a potentially dangerous or vicious dog as long as the animal is alive
and residing within the City (or until such designation is removed pursuant to the
provisions of this Chapter).
d. The owner of the dog shall obtain a policy of liability insurance or a bond in an
amount not less than one hundred thousand dollars ($100,000) to provide coverage
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for damages and injuries caused by the dog, evidence of such to be filed with the
Animal Services Supervisor (or designee thereof).
e. The owner of the dog shall notify in writing the United States Post Office (local
branch) and all utility companies providing service to the residence of the dog's
status as a potentially dangerous or vicious dog.
f. The owner of the dog must complete an obedience course for a minimum of ten
(10) hours of training with the dog, at the owner's expense, within sixty (60)
calendar days after release of the dog to the owner of the dog. The course must be
approved by the Animal Services Supervisor or designee thereof before the release
of the dog. If the dog was not impounded, the owner must obtain approval of the
course by the Animal Services Supervisor or designee thereof, within fourteen
(14) calendar days after the notice, decision, and/or order is issued.
g. While on the premises of the owner of the dog, the dog must be kept indoors or in
a securely fenced yard or enclosure from which the dog cannot escape, and into
which children cannot trespass.
h. When off the premises of the owner of the dog, the dog must be kept at all times
on a leash not exceeding six feet (6') in length by an adult capable of restraining
and controlling the dog, and under that person's immediate control. At no time
may the animal be left unattended in a public place.
i. The owner of the dog shall post one or more signs on the premises at a location or
locations approved by the Animal Services Supervisor (or designee thereof) easily
visible to all visitors stating that a potentially dangerous or vicious dog resides at
the premises.
j. The owner of the dog shall provide a copy of any notice, order, or determination
issued pursuant to the provisions of this Chapter to any subsequent owner of the
dog, as well as to the animal control agency in any other jurisdiction where the
dog resides.
k. The owner of the dog shall notify the Animal Services Supervisor, or designee
thereof, immediately in the event the dog is at large, or has committed an attack on
any person or animal, has been sold or otherwise disposed of, or has died.
2. The Animal Services Supervisor, or designee thereof, may, in his or her discretion,
impose any other condition consistent with the intent of this Chapter and reasonably necessary to
protect the public health, safety, and welfare — including, but not limited to, requiring a potentially
dangerous dog or vicious dog to wear a muzzle at all times, or when off the owner's premises.
3. I£ the dog is determined to be potentially dangerous or vicious and that release of the
dog would create a significant threat to the health, safety, and welfare of the public, the Animal
Services Supervisor may order the dog to be euthanized. However, the dog shall not be euthanized
until after any notice, decision, or order issued pursuant to this Chapter is deemed a final and binding
administrative decision/action.
C. Request for Appeal Hearing. The owner of any dog subject to a Notice & Order issued
pursuant to the provisions of this Chapter may challenge the Notice & Order by filing a written
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request for a hearing on a City -approved form within ten (10) calendar days of the Notice & Order.
The request for hearing shall contain, at a minimum, the following information:
1. The name, address, and telephone number of each person requesting a hearing to
challenge the Notice & Order;
2. The date of the Notice & Order being appealed;
3. The specific finding(s), order(s), and/or condition(s) being appealed;
4. The grounds for the appeal in sufficient detail to enable the hearing officer to understand
the nature of the controversy; and,
5. The signature of at least one appellant.
Failure of the City Clerk to receive a timely appeal constitutes a waiver of the right to contest the
Notice & Order, in which case, the Notice & Order shall be final and binding.
D. Conduct of Administrative Appeal Hearing. The hearing shall be open to the public and
held not less than five (5) working days nor more than ten (10) working days after receipt by the City
Clerk of a timely filed request for hearing. Formal rules of evidence do not apply. The administrative
hearing officer may admit all relevant evidence, including incident reports and affidavits of
witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses.
The administrative hearing officer may decide all issues even if the owner fails to appear at the
hearing. The administrative hearing officer may find, upon a preponderance of the evidence, that
the dog is potentially dangerous or vicious and make such other orders authorized by Sections
6.05.1203 and/or other provisions of this Chapter.
E. Decision and Order After Appeal. After the administrative appeal hearing, the
administrative hearing officer, or designee, shall notify the owner of the dog in writing of the
determination and orders issued. Notwithstanding any other provision of the Redlands Municipal
Code, the decision and order by the administrative hearing officer issued pursuant to this Section
shall be final and binding, and not subject to any further administrative appeal or challenge. Judicial
review of the decision is governed by California Code of Civil Procedure Sections 1094.5, et seq.
6.05.130: SERVICE:
A. Every notice, order, decision, or other correspondence issued pursuant to the provisions of
this Chapter shall be served upon the owner(s) of the subject dog either via personal delivery or via
first class mail, postage prepaid. The date of service shall be the date the notice, order, decision, or
other correspondence is personally delivered or placed in a U.S. Postal Service receptacle.
B. Any notice, order, decision or other correspondence issued by mail shall be may be sent to the
owner of the subject dog as follows:
1. To the address listed on the most recently filed application for a dog license;
2. To the address listed on any request for hearing submitted in accordance with this
Chapter;
3. To any other address provided by the owner of the dog for purposes of receiving mail;
or,
4. Any other address on file with the City or San Bernardino County for the owner of the
dog.
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6.05.140: CIRCUMSTANCES UNDER WHICH DOGS MAY NOT BE DECLARED
POTENTIALLY DANGEROUS OR VICIOUS:
A. Neither the Animal Services Supervisor (or designee thereof) nor the administrative hearing
officer may declare the dog potentially dangerous or vicious if the dog inflicted injury or damage to a
person committing a willful trespass or other tort upon the premises occupied by the owner of
the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting
to commit a crime. The dog may not be declared potentially dangerous or vicious if it was protecting
or defending a person within the dog's immediate vicinity from an unjustified attack or assault.
A dog may not be declared potentially dangerous or vicious if the injury or damage was sustained by
a domestic animal which was teasing, tormenting, abusing or assaulting the dog.
B. A dog may not be declared potentially dangerous or vicious if the injury or damage to a
domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator
control dog on the property of or under the control of its owner, and the damage or injury was to a
type of domestic animal appropriate to the dog's work.
6.05.150: POTENTIALLY DANGEROUS DESIGNATION MAINTAINED IN
REGISTRATION RECORDS:
Notwithstanding the provisions of Chapter 6.04 of this title regarding licensing and vaccination, all
potentially dangerous dogs shall be properly licensed and vaccinated. A dog determined to be
potentially dangerous must have that designation in its registration records. The city may charge a
potentially dangerous dog fee in addition to the regular licensing fee to provide for the increased
costs of maintaining the records of the dog.
6.05.160: REMOVAL OF POTENTIALLY DANGEROUS DOG DESIGNATION AND
RELIEF FROM CONDITIONS THEREOF:
The owner of any dog that has been declared to be potentially dangerous may, not sooner than thirty-
six (36) months following a determination that the dog is potentially dangerous, apply to the Animal
Services Supervisor or designee for removal of the potentially dangerous dog designation and/or
relief from any condition imposed upon the dog's release and/or maintenance in the City. The
application shall contain, at a minimum, an explanation of the circumstances justifying removal or
relief, including evidence that the animal has been retrained, and a certificate from a dog trainer
certifying that the dog is no longer potentially dangerous. No more than one request for removal or
relief may be submitted for any dog within a twelve (12) month period of time.
The Animal Services Supervisor shall remove a dog from the list of potentially dangerous dogs if no
additional instances of behavior described in sections 6.05.010 or 6.05.020 of this Chapter occur
within a thirty-six (36) month period from the date of designation as a potentially dangerous dog.
6.05.170: PROHIBITION OF OWNING, POSSESSING, CONTROLLING OR HAVING
CUSTODY OF OTHER DOGS:
The Animal Services Supervisor (or designee thereof) or an administrative hearing officer may
prohibit the owner of a vicious dog from owning, possessing, controlling or having custody of
any dog for a period of up to three (3) years when the Animal Services Supervisor (or designee
thereof) or the hearing officer explicitly finds, after proceedings conducted pursuant to the provisions
of this Chapter that such ownership or possession would create a significant threat to the public
health, safety and welfare. Any such determination and prohibition by the Animal Services
Supervisor (or designee thereof) or an administrative hearing officer must be explicitly set forth in a
Notice & Order issued in accordance with Section 6.05.120 or a Decision and Order issued in
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accordance with Section 6.05.120.E of this Chapter.
6.05.180: PENALTIES, FINES, FEES AND REMEDIES:
A. Any violation of this Chapter is punishable in accordance with Chapters 1.20 and 1.22 of this
Code.
B. Each violation of this Chapter is hereby declared a public nuisance, and may be abated as
such.
C. The remedies provided by this Chapter are cumulative and in addition to any other remedy
available at law or in equity.
D. The City Council may, by resolution, establish a processing fee for the registrations,
applications, and appeals, and a fee for the purchase of potentially dangerous and vicious dog tags
and fluorescent collars, provided for in this Chapter."
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance or the
application thereof to any entity, person ar circumstance is held for any reason to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or
applications of this ordinance which can be given effect without the invalid provisions or
application, and to this end the provisions of this ordinance are severable. The City Council of the
City of Redlands hereby declares that it would have adopted this ordinance and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
Section 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in a
newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in
accordance with law.
A -.-- I
Mario Sauceo, Mayor
ATTEST:
eanne Donaldson, City Clerk
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1, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was
duly adopted by the City Council at the regular meeting thereof, held on the 20th day of January,
2026, by the following vote:
AYES: Councilmembers Barich, Tejeda, Davis, Shaw; Mayor Saucedo
NOES: None
ABSENT: None
ABSTAIN: None
e e Donaldson, City Clerk
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