8.02.105 DECLARATION OF VICIOUS ANIMALS (County § 6.04.105).

(a) No person shall keep, have, maintain, sell, trade or let for hire an animal which has been designated as vicious pursuant to this chapter.

(b) If an Animal Control Officer and/or Peace Officer has investigated and determined that an animal is vicious, the Animal Control Officer and/or Peace Officer shall deliver to the Owner of the animal written notice of that determination. The Animal Control Officer and/or Peace Officer shall immediately impound or cause to be impounded the animal and shall cause the animal to be humanely destroyed unless the Owner requests a hearing under subsection (c) of this section.

(c) If the Owner of the animal disputes the designation of an animal as a vicious animal by the Animal Control Officer and/or Peace Officer (s)he may submit a written request for a hearing to the Animal Control Officer and/or Peace Officer within five (5) calendar days of notification. Such hearing shall be conducted according to the procedures set forth in Section 8.02.115 of this chapter. Failure of the Owner to request a hearing shall result in the animal being declared vicious and humanely destroyed. The vicious animal declaration will be considered final by the County Director of the Environmental Services Agency, or the City having jurisdiction.

(d) If, after investigation by an Animal Control Officer or Peace Officer, that officer determines that probable cause does not exist to believe that the animal is vicious, any interested person may appeal that determination by submitting within five (5) calendar days of the decision a written request to the Animal Control Officer or Peace Officer for a hearing and paying the required fee.

(e) In determining whether or not an animal shall be declared vicious, the Animal Control Officer, Peace Officer or Hearing Officer may consider, as a mitigating factor or factors, whether at the time of the injury, attack or behavior, the person or animal suffering the injury, attack or behavior for which the animal is being determined vicious:

(1) Provoked, tormented, teased, abused or assaulted the animal thereby causing or contributing to the alleged behavior;

(2) Committed a willful trespass or other tort upon the private property of the Owner or caretaker of the animal;

(3) Threatened or committed an unjustified attack or assault against the Owner, caretaker or person in control of the animal.

(4) Or any other mitigating factors deemed appropriate for consideration by the Animal Control Officer, Peace Officer or Hearing Officer.