300.16 vicious potentially dangerous dog investigations

1. Number: 300.16
SUBJECT: VICIOUS/POTENTIALLY DANGEROUS DOG
INVESTIGATIONS
Page: 1
Date: 3/7/94
Approved: Ryan Drabek, Director Revised: 9/19/13
I. PURPOSE
To establish a uniform procedure for the initiation, completion and control of Vicious and
Potentially Dangerous Dog Investigations and Compliance Checks.
II. POLICY
In accordance with Article 6, Division 1, Title IV, of the Orange County Codified
Ordinance (OCCO), it is the responsibility of OC Animal Care to investigate the
circumstances whenever a dog suspected of being vicious or potentially dangerous is
reported. “Vicious” and “Potentially Dangerous” dogs are defined by OCCO section 4-1-
23.
In order to ensure the safety and welfare of the public and animals, a Vicious/Potentially
Dangerous Dog Declaration may be sought, imposing restrictions upon the dog owner
and/or custodian to restrain the animal by any means that the Director, Management
and/or the Chief of Field Services may deem appropriate. The policies and procedures
outlined herein shall also apply to this department’s enforcement of Anaheim Municipal
Code (AMC) section 8.08.090 as it relates to Vicious Dogs as defined in AMC section
8.08.010.010.
III. SCOPE
Applicable to all Field Operations Personnel.
IV. FORMS
Chameleon Activity window Print Out (Attachment A)
Sworn Statement Regarding a Possible Potentially Dangerous or Vicious Dog
(Attachment B)
Neighbor’s Notice of Vicious/Potentially Dangerous Investigation Letter (Attachment C)
Dog Owner Notice of Vicious/Potentially Dangerous Investigation Letter (Attachment D)
Property Diagram (Attachment E)
Supplemental Investigation Report (Attachment F)
Vicious/Potentially Dangerous Pending Letter (Attachment G)
Vicious/Potentially Dangerous Declaration Letter (Attachment H)

2. Number: 300.16
SUBJECT: VICIOUS/POTENTIALLY DANGEROUS DOG
INVESTIGATIONS
Page: 2
Date: 3/7/94
Approved: Ryan Drabek, Director Revised: 9/19/13
Request for Hearing Timeline (Attachment I)
Police and Fire Department Advisory Letter (Attachment J)
Compliance Check Sign-Off Sheet (Attachment K)
Request for Updated Information (15 Days) Form (Attachment L)
Internal Field Billing Memo (Attachment M)
Vicious/Potentially Dangerous Release Letter (Attachment N)
Request for Updated Information (24-Hours) Form (Attachment O)
V. REFERENCES
Orange County Codified Ordinance 4-1-23, Definitions.
VI. DEFINITIONS
Under OCCO 4-1-23, Definitions:
(a) Potentially Dangerous Dog means any of the following:
(1) Any dog which, when unprovoked, on two (2) separate occasions within
the prior thirty-six-month period, engages in any behavior that requires a
defensive action by any person to prevent bodily injury whether the person
and the dog are on or off the property of the owner or custodian of the
dog.
(2) Any dog which, when unprovoked, bites a person causing any injury less
severe than a "severe injury”. Severe injury means any physical injury to a
human being that results in muscle tears or disfiguring lacerations or
requires multiple sutures or corrective or cosmetic surgery.
(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted
injury, or otherwise caused injury attacking a domestic animal, horse, or
livestock.
(b) Vicious Dog means any of the following:
(1) Any dog seized as a "fighting animal" under section 599aa of the Penal
Code and upon the sustaining of a conviction of the owner or custodian of
a fighting animal as set forth in subdivision (a) of Section 597.5 of the
Penal Code.

3. Number: 300.16
SUBJECT: VICIOUS/POTENTIALLY DANGEROUS DOG
INVESTIGATIONS
Page: 3
Date: 3/7/94
Approved: Ryan Drabek, Director Revised: 9/19/13
(2) Any dog which, when unprovoked, in an aggressive manner, inflicts
severe injury on or kills a human being, whether the person and the dog
are on or off the property of the owner or custodian of the dog.
(3) Any dog previously determined to be and currently listed as a potentially
dangerous dog, which, after its owner or keeper has been notified of this
determination, continues the behavior of a "potentially dangerous dog" as
set forth above, or is maintained in violation of the conditions and
restrictions placed upon the dog as a "potentially dangerous dog."
(c) Provided, no dog may be determined to be a vicious dog if any such bite, threat,
injury or damage was sustained by a person who, at the time, was committing a
willful trespass upon the premises occupied by the owner or custodian of the dog,
or was committing or attempting to commit a crime upon the premises occupied
by the owner or custodian of the dog, or was teasing, tormenting, abusing or
assaulting the dog or who has, in the past, teased, tormented, abused or assaulted
the dog.
(d) These definitions do not apply to dogs used in military or police work while they
are actually performing in that capacity.
VII. PROCEDURE
A. Initiation:
1. When a report of a dog suspected of being vicious or potentially
dangerous is received by an Animal Control Officer (ACO), in the
mail, by fax, etc. all pertinent information shall be forwarded to the
Operations Desk Sergeant.
a. In the event the dog is at large, posing an immediate threat
to the safety of persons or animals, an ACO shall be
dispatched immediately to the area. A copy of the
completed Chameleon Activity window (attachment A),
including detailed memos, will be forwarded to the
Operations Desk Sergeant by the officer responding to the
call.

4. Number: 300.16
SUBJECT: VICIOUS/POTENTIALLY DANGEROUS DOG
INVESTIGATIONS
Page: 4
Date: 3/7/94
Approved: Ryan Drabek, Director Revised: 9/19/13
b. In cases where the dog is confined upon the owner’s
property at the time the report is received, a copy of the
applicable Chameleon Activity window, including detailed
memos, or any other related information shall be forwarded
to the Operations Desk Sergeant by the person receiving
the report.
2. The Operations Desk Sergeant shall initiate the Vicious or
Potentially Dangerous Dog Investigation by:
a. Investigating and obtaining copies of all reported incidents
involving the dog(s) that required a defensive action by any
person to prevent bodily injury during the preceding 36
month period.
b. Investigating and obtaining copies of all reported incidents
involving the dog(s) in question including, but not limited
to, all prior bites and dog vs. dog incidents involving the
dog(s), regardless of the date of occurrence.
c. Placing all applicable information in a manila file folder
which shall contain a running anecdotal file and be
maintained by the Operations Desk Sergeant.
3. The Operations Desk Sergeant shall submit the file folder to the
Lieutenant overseeing the program, who will then determine
whether the folder shall be placed in the Problem Dog File or
assigned for further investigation. Should a file be placed in the
Problem Dog File, a Propensity Letter is to be sent to the owner or
custodian if no other contact has been made with them regarding
the complaint.
a. If the Lieutenant has determined that further investigation
is warranted, a Chameleon Activity window will be created
by the Operations Desk Sergeant and assigned to a Senior
Animal Control Officer (Sergeant).

5. Number: 300.16
SUBJECT: VICIOUS/POTENTIALLY DANGEROUS DOG
INVESTIGATIONS
Page: 5
Date: 3/7/94
Approved: Ryan Drabek, Director Revised: 9/19/13
b. The Operations Desk Sergeant shall maintain a log to ensure
that all Vicious/Potentially Dangerous Dog Investigations
are accounted for and completed in a timely manner.
4. The Vicious/Potentially Dangerous Dog program shall be
continuously monitored and overseen by a designated Lieutenant,
who will direct the activities of the Operations Desk Sergeant and
any other subordinates involved.
B. Investigation Unit:
1. The Sergeant assigned to conduct the investigation shall be solely
responsible for the completion of the report. If contact cannot be
made during the shift, arrangements may be made for an additional
Sergeant’s involvement. It shall remain the assigned Sergeant’s
responsibility to ensure the completion of the investigation in a
timely manner. The Sergeant conducting the investigation shall:
a. Contact the dog owner and/or custodian to advise them of
the investigation and to check for a current license and
vaccination (if applicable). The Sergeant shall leave the
owner and/or custodian a Dog Owner Notice of
Vicious/Dangerous Investigation Letter (attachment D). If
contact cannot be made with the dog owner, the Sergeant
shall leave the letter at the residence.
b. Contact the reporting party, victims, neighbors, witnesses,
etc., to ascertain if any additional evidence is available
which may be obtained to provide proof of the aggressive
propensities of the dog or prove otherwise.
c. Obtain completed Sworn Statement Regarding a Possible
Potentially Dangerous or Vicious Dog Forms (attachment
B) from witnesses of the incidents and those offering
evidence to support or oppose the declaration of the dog(s)
as vicious or potentially dangerous. Attempts shall be
made to obtain declarations and statements in person while
conducting the investigation. If no contact is made with the

6. Number: 300.16
SUBJECT: VICIOUS/POTENTIALLY DANGEROUS DOG
INVESTIGATIONS
Page: 6
Date: 3/7/94
Approved: Ryan Drabek, Director Revised: 9/19/13
neighbors, the Sergeant will leave the Notice of
Vicious/Potentially Dangerous Dog Investigation Letter
(attachment C) at their residences, noting a 10-day deadline
for submission in the top right hand corner of the form.
The purpose of this deadline is to ensure investigations are
completed within a reasonable time. Statements received
after the 10 days, but prior to completion of the
investigation, will be accepted.
d. Ensure all written declarations are thorough and contain all
pertinent information.
e. Draw a Property Diagram (attachment E) of the owner’s
and/or custodian’s property including details of the dog’s
maintenance area. The diagram is to include all doors and
windows leading to the exterior of the residence, the height
of all fences and walls, any structures or personal
belongings that may assist the dog in jumping a fence, etc.
Photos of the property including the front of the residence,
the rear yard, fencing/gates, etc. are to be included with the
diagram.
f. Photographs of the dog(s) are to be taken and added to the
file. Should there be an additional dog(s) on the property
that closely resemble the dog(s) under investigation, photos
of them should be taken as well for identification purposes.
(If the dog(s) are declared, photos will be kept in both the
field and the office files).
g. Complete a detailed Supplemental Investigation Report
(attachment F), clearly articulating whether the dog fits the
legal definition of a Vicious or Potentially Dangerous Dog
per OCCO section 4-1-23 (or Anaheim Municipal Code, if
applicable). If a Vicious or Potentially Dangerous Dog
Declaration is warranted and a specific required condition
will prevent the dog from causing a threat (e.g. installation
of a dog run that will prevent a dog from jumping a fence),

7. Number: 300.16
SUBJECT: VICIOUS/POTENTIALLY DANGEROUS DOG
INVESTIGATIONS
Page: 7
Date: 3/7/94
Approved: Ryan Drabek, Director Revised: 9/19/13
the required condition of confinement and maintenance
shall also be included.
h. Submit the completed investigation file and report to the
designated Lieutenant for evaluation. A determination will
be made whether to close the case or to forward the
investigation file to the Chief of Field Services for
declaration of the dog as Vicious or Potentially Dangerous.
i. If the determination is made that the dog will not be
declared Vicious or Potentially Dangerous, the file will be
placed in the Pending Dog File, the Lieutenant will send
the dog owner a Dog Owner Vicious/Potentially Dangerous
Pending Letter (attachment G).
C. Initiation of Vicious/Potentially Dangerous Declaration Letter (attachment
H)
1. The designated Lieutenant shall initiate a letter, typed in duplicate,
which details the results of the investigation and the determination
that the dog is tentatively declared Vicious or Potentially
Dangerous. The letter will include the required conditions and
restrictions to be implemented for the continued maintenance of
the dog.
2. The original copy of the letter shall be hand delivered by a
Sergeant to the owner and/or custodian. The owner and/or
custodian will keep the original and sign and return the duplicate.
The owner and/or custodian’s driver’s license information will be
placed on the reverse side of the duplicate.
D. Appeal:
1. The owner and/or custodian of the dog shall have the right to an
Administrative Hearing to refute the tentative Vicious or
Potentially Dangerous Dog Declaration by requesting a hearing
before the Director of OC Animal Care or his/her designee. Refer
to Orange County Codified Ordinance Title IV, Division 1, Article

8. Number: 300.16
SUBJECT: VICIOUS/POTENTIALLY DANGEROUS DOG
INVESTIGATIONS
Page: 8
Date: 3/7/94
Approved: Ryan Drabek, Director Revised: 9/19/13
6, Section 4-1-95 “Declaration and Possession of Vicious and
Potentially Dangerous Dog” for further instruction regarding the
hearing processes.
2. The Operations Desk Sergeant shall be responsible for the
initiation and maintenance of the Request for Hearing Timeline
(attachment I).
3. Should new or revised conditions or restrictions be implemented as
a result of the Administrative Hearing, a new Vicious or
Potentially Dangerous Declaration Letter will be initiated and
hand-delivered to the dog owner.
E. Declaration:
1. If the decision to declare is upheld at the conclusion of the
Administrative Hearing, or after 5 days without a written request
for an Administrative Hearing by the owner and/or custodian, the
dog will be deemed Vicious or Potentially Dangerous and placed
on the Vicious or Potentially Dangerous Dog List.
2. The Lieutenant will direct the Operations Desk Sergeant to initiate
and send the Police and Fire Chiefs of the applicable cities the
Police and Fire Chief Advisory Letter (attachment J). The letter
will be signed by the Operations Desk Sergeant.
F. Compliance Checks:
1. The Operations Desk Sergeant shall maintain the master file of the
dogs that have been declared Vicious or Potentially Dangerous.
Compliance checks shall be conducted every two months or as
deemed necessary to ensure that the dog(s) are being maintained in
accordance with the required conditions and/or restrictions.
Should an owner be in full compliance with all required conditions
and restrictions for an extended period of time, the Compliance
Checks may be conducted every six months with the approval of
the Lieutenant. The compliance checks shall be handled in the
following manner:

9. Number: 300.16
SUBJECT: VICIOUS/POTENTIALLY DANGEROUS DOG
INVESTIGATIONS
Page: 9
Date: 3/7/94
Approved: Ryan Drabek, Director Revised: 9/19/13
a. The Operations Desk Sergeant will maintain a log to ensure
that all compliance checks are evenly distributed and
completed in a timely manner.
b. A blank Compliance Check Sign-Off Sheet (attachment K)
detailing the dog’s conditions for maintenance will be
produced and placed in the field file for assignment to, and
completion by, a Sergeant.
c. The Sergeant assigned the compliance investigation will
check the owner’s and/or custodian’s residence for
complete compliance. If the facility and conditions are in
compliance, no owner and/or custodian contact is required.
A Door Tag shall be left at the residence advising the
owner and/or custodian of the check. If the facility and/or
conditions are not in total compliance, or the Sergeant is
unable to verify full compliance, owner and/or custodian
contact shall be made (compliance checks may be re-filed
for the following shift if contact is necessary, but not
achieved).
d. If the owner/custodian is not home and proof of insurance,
rabies vaccination, sterility, and/or licensing has not yet
been obtained, the Sergeant shall post in a conspicuous
place a Request for Update Information (15 Days) Form
(attachment L) at the property and note it on the
Compliance Check Sign-Off Sheet (Attachment K). If
compliance is not met within 15 days, the Operations Desk
Sergeant will send the field file out with a Sergeant for
issuance of a citation and/or assessment of the non-
compliance fee.
e. If the owner/custodian is not home and there are violations
of restriction that have minimal impact to public safety,
such as missing Beware of Dog sign(s), no padlock on
specified gates, no padlock on kennel or dog run door(s),
the Sergeant shall post in a conspicuous place a Request for

10. Number: 300.16
SUBJECT: VICIOUS/POTENTIALLY DANGEROUS DOG
INVESTIGATIONS
Page: 10
Date: 3/7/94
Approved: Ryan Drabek, Director Revised: 9/19/13
Update Information (24-Hours) Form. (attachment O) at the
property and note it on the Compliance Check Sign-Off
Sheet (attachment K). If compliance is not met within 24
hours, the Operations Desk Sergeant will send the field file
out with a Sergeant for issuance of a citation and/or
assessment of the non-compliance fee.
f. If the facility and conditions are not in compliance, a Non-
Compliance Fee may be charged. The Sergeant shall make
every attempt to collect at the time of violation to avoid the
billing process. If the fee is not collected at the time of
violation, the Sergeant shall notify the Lieutenant who shall
request from the Accounting Supervisor that a Non-
Compliance Fee be assessed by completing an Internal
Field Billing Memo (attachment M). A copy of the Internal
Field Billing Memo shall be included in the file.
g. A Notice to Appear (citation) may be issued for any
violations of the required conditions and/or restrictions. A
copy of the citation is to be included in the file.
h. The completed file will be reviewed by the Lieutenant who
must sign the bottom of the Compliance Check Sign Off
Sheet prior to being returned to the Operations Desk
Sergeant.
i. After 3 years, the owner of a Potentially Dangerous Dog
may request the designation be removed. If the owner
requests removal of the Potentially Dangerous Dog
designation, the Sergeant will advise the owner that such a
request must be made in writing, to the Chief of Field
Services.
1) Once a request for removal is received, the Chief of
Field Services will research Chameleon records and
compliance history prior to making a determination
as to whether the declaration will remain or be
rescinded.

11. Number: 300.16
SUBJECT: VICIOUS/POTENTIALLY DANGEROUS DOG
INVESTIGATIONS
Page: 11
Date: 3/7/94
Approved: Ryan Drabek, Director Revised: 9/19/13
2) Should the investigation conclude with a
recommendation that the Potentially Dangerous
Dog designation be removed the Administrative
Lieutenant will direct the Operations Desk Sergeant
to send the owner a Potentially Dangerous Release
Letter (attachment N).
3) Vicious Dog designations are not eligible for
removal.
G. The Operations Desk Sergeant shall update the Vicious or Potentially
Dangerous Dog List as dogs are added or deleted and distribute to
appropriate staff.