Chapter 9.26
VICIOUS DOGS
Sections:
9.26.030 Peaceful and lawful conduct on private property.
9.26.060 Hearing – Schedule – Notice form.
9.26.080 Hearing – Findings – Public nuisance.
9.26.090 Costs of impoundment.
9.26.100 Violation – Penalties.
9.26.010 Purpose and intent.
Within the city, there are vicious dogs that constitute a public nuisance which should be abated. The provisions of this chapter provide an administrative procedure by which dogs found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This chapter is intended to supplement rather than supplant any other remedy available either under state law or this code. (Ord. 86-04 § 1, 1986)
9.26.020 Vicious dog defined.
Any dog, except one assisting a peace officer engaged in law enforcement duties, that demonstrates any of the following behavior is presumed vicious:
A. An attack that requires defensive action by a person to prevent bodily injury or property damage when that person is conducting himself or herself peacefully and lawfully;
B. An attack that results in bodily injury to a person, or property damage, when that person is conducting himself or herself peacefully and lawfully;
C. An attack on another animal, livestock or poultry, that occurs on property other than that of the owner of the attacking dog;
D. Any behavior that constitutes a threat of bodily harm to a person when that person is conducting himself or herself peacefully and lawfully. (Ord. 86-04 § 1, 1986)
9.26.030 Peaceful and lawful conduct on private property.
For the purposes of this chapter, a person shall be considered to be conducting himself or herself peacefully and lawfully upon the private property of an owner or possessor of a dog when he or she is on such property in the performance of any duty imposed upon him or her by state or local law or by laws or postal regulations of the United States, or when he or she is on such property upon invitation, either expressed or implied, of the owner. (Ord. 86-04 § 1, 1986)
9.26.040 Investigation.
Any incident reported to the police department concerning a vicious dog may be investigated by the chief of police, or his designee. The investigation shall consist of the reports of officers made at the time of the incident, or follow-up reports. If, based upon the investigation, the chief of police concludes that there is probable cause to believe that the accused dog is vicious, he shall so certify in writing to the owner, or the person who has a right to control the dog, within 10 days following the completion of the investigation. Thereafter a hearing shall be held pursuant to this chapter. (Ord. 86-04 § 1, 1986)
9.26.050 Confinement of dog.
If the chief of police certifies that there is probable cause to believe that an accused dog is vicious and a risk to public safety, he or she may direct any animal control officer, police officer, or other authorized employee of the city to enter the yard of any private residence or any business in order to seize the dog, whether running at large or not, and impound it at any appropriate animal shelter pending the decision of the city manager, as provided for in this chapter; provided, however, if in such situation the owner or the person who has a right to control the dog is not home or is absent from the business, the animal control officer, police officer or other authorized employee of the city making the seizure shall post a notice of impoundment on the front door or office door of the owner or the person who has a right to control the dog. Such notice shall state the following:
A. The dog has been impounded;
B. The location where the dog is being held;
C. The name, address and telephone number of the agency or person to be contacted regarding the status of the dog;
D. An indication of the ultimate disposition of the dog if the owner or the person who has a right to control the dog takes no action to regain it pursuant to this chapter;
E. All costs of impoundment must be paid by the owner or the person who has a right to control the dog; and
F. The dog will not be released until all such costs have been paid in full. (Ord. 86-04 § 1, 1986)
9.26.060 Hearing – Schedule – Notice form.
A hearing date shall be set not later than 10 days from the date of certification. The city manager shall mail or otherwise deliver to the owner or the person who has a right to control the accused dog, and any other interested persons, including but not necessarily limited to, all properties within 300 feet of the address of the owner or the person who has a right to control the dog, at least five days prior to the date set for hearing, a notice in substantially the following form:
NOTICE OF HEARING REGARDING VICIOUS DOG
To: (Name) (Address)
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 9.26 of the Hughson Municipal Code, the Chief of Police has certified that there is probable cause to believe a dog owned or controlled by you, a (breed), is vicious.
NOTICE IS HEREBY FURTHER GIVEN that on the _____ day of ______, at the hour of ___ o’clock, in the office of the City Manager, City Hall, 7018 Pine Street, Hughson, California, the report of the Chief of Police will be considered by the City Manager or an appointed hearing officer along with such other oral and documentary evidence as is introduced bearing upon the question of whether your dog is vicious. You may appear and may present evidence at the hearing. You may also be represented by an attorney. If you fail to appear without giving notice to the City Manager, the matter may proceed in your absence and such absence may be further considered a waiver of your right to present evidence and object to any decision made.
In the event your dog is found to be vicious, it will be ordered to be controlled, confined, destroyed, restricted, or otherwise abated as a public nuisance and any impoundment cost incurred shall be assessed against you.
A copy of this notice has been sent to property owners within 300 feet of your address.
DATED: _____________
________________
CITY MANAGER
(Ord. 86-04 § 1, 1986)
9.26.070 Hearing – Procedure.
The hearing shall be conducted by either the city manager or an appointed hearing officer. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether an accused dog is vicious. Any owner or person having a right to control the dog who fails to appear after notice as provided herein has been given, without obtaining a continuance from the city manager or an appointed hearing officer, may be deemed to have waived any right to introduce evidence or object to an order made by the city manager. If the hearing is conducted by a hearing officer other than the city manager, the hearing officer shall submit a report to the city manager summarizing the evidence and making a recommendation as to disposition. (Ord. 86-04 § 1, 1986)
9.26.080 Hearing – Findings – Public nuisance.
If, based upon the hearing, and the report of the hearing officer if any, the city manager upholds the findings of the chief of police that an accused dog is vicious, he or she shall so specify in writing together with the reasons therefor. Any accused dog found to be vicious is hereby deemed to be a public nuisance and shall be, pursuant to the order of the city manager, humanely destroyed, removed from the city, or otherwise abated by appropriate order of the city manager, including but not limited to, confinement, fencing, muzzling or leashing. The decision of the city manager shall be made within 10 days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by certified mail or personally served upon the owner or the person who has a right to control the dog. (Ord. 86-04 § 1, 1986)
9.26.090 Costs of impoundment.
The costs of impoundment, and any other costs related thereto that were incurred by the city in connection therewith, including any abatement period, shall be paid by the owner or the person who has a right to control an accused or vicious dog. An accused dog will not be released until all such costs have been paid in full. If the city manager finds an accused dog to be vicious and such decision includes the release of the dog to the owner or the person who has a right to control the dog, the dog shall not be released until all such costs have been paid in full. If such costs have not been paid within 30 days after the date of mailing or delivery of the order, the city manager may dispose of the dog in any manner provided by law, or return the dog and pursue alternative collection procedures. The impoundment and related costs may be made a lien against the real property upon which an accused or vicious dog was kept and maintained if such property is owned by the owner or the person who has a right to control the dog. If such amount is unpaid in whole or in part, the unpaid portion may be entered in the next fiscal year’s tax roll as a lien against such property, and shall be subject to the same penalties as are provided for other delinquent taxes, liens or assessments of the city. Alternatively, an action may be brought in the name of the city to recover the impoundment and related costs. (Ord. 86-04 § 1, 1986)
9.26.100 Violation – Penalties.
The first violation of any order issued pursuant to this chapter shall constitute an infraction. The second and any further violations within 24 months of any such order shall be misdemeanors. (Ord. 86-04 § 1, 1986)