§ 416-12.436. Prohibited dog ownership by convicted felons.

(a)

Any person who has been convicted of a felony under the laws of the United States, of the state of California, or any other state, government, or country, who owns, purchases, receives, or has in his or her possession or under his or her custody or control a dog that poses a danger to the public's health, safety or welfare if misused by a convicted felon is guilty of a misdemeanor, unless the person possesses a current, valid prohibited dog permit for that dog as provided in Section 416-12.438 of this article. A convicted felon under this article shall not include felons whose convictions were set aside pursuant to Penal Code Section 1203.4. "Misuse" by a convicted felon means use of a dog in a threatening or aggressive manner, or in the commission of a crime.

(b)

Any dog whose owner or keeper is in violation of this section shall be impounded, or impounded subject to destruction, at the owner's expense.

(c)

A dog that poses a danger to the public's health, safety or welfare if misused by a convicted felon under this section means any of the following:

(1)

A dog weighing more than twenty pounds;

(2)

A dog who has been designated a potentially dangerous or dangerous animal under Sections 416-12.402 and 416-12.404 of this article;

(3)

A dog designated by the animal services director as posing a danger to the public's health, safety or welfare if misused by a convicted felon based upon the following factors:

(i)

The nature of any complaints regarding the dog,

(ii)

The strength of the dog, including jaw strength,

(iii)

The dog's tolerance for pain,

(iv)

The dog's tendency to refuse to terminate an attack,

(v)

The dog's potential propensity to bite humans or other domestic animals,

(vi)

The dog's potential for unpredictable behavior,

(vii)

The dog's aggressiveness,

(viii)

The likelihood that a bite by the dog will result in serious injury.

This section shall not apply to any assistance dog, including guide dogs, signal dogs and service dogs, trained or in training to assist a qualified individual with a disability.

(Ords. 2006-05 § 3, 2005-24 § 2).