[Adopted 10-4-1989 by Ord. No. 89-25]
As used in this article, the following terms shall have the
meanings indicated:
Any dog which has attacked or bitten any person, other dog
or domestic animal without cause or provocation.
It shall be the duty of the Sanitary Inspector to investigate
complaints against dogs pertaining to attacks against persons or other
animals. If, upon such investigation, the Sanitary Inspector shall
have reasonable cause to believe that any dog is a vicious dog, then
a hearing shall be held in the Lodi Municipal Court to determine whether
or not such dog shall be declared a vicious dog.
The Sanitary Inspector shall serve a notice of hearing upon
the person or entity keeping such dog at least 10 days prior to such
hearing. Such notice, signed by the Sanitary Inspector, may be served
personally or by certified mail, and shall state the particular reasons
why such dog should be declared a vicious dog.
The Municipal Court Judge shall conduct a hearing in the same
manner and in accordance with the same rules as govern other hearings
in the Municipal Court, except that the complainant shall only be
obliged to prove his or her case by a preponderance of the credible
evidence.
If the Municipal Court Judge shall determine that any dog is
a vicious dog, he or she shall issue a written finding, which shall
be served upon the person or entity against whom the complaint was
brought, personally or by certified mail, within seven days following
the date of such finding.
No person or entity owning or keeping a dog which has been determined
to be a vicious dog shall permit or allow such dog to leave the premises
where such dog is normally kept without being securely leashed and
muzzled.
Any person or entity who shall violate the provisions of § 146-6 of the article shall be subject to a fine not exceeding $2,000, imprisonment for a period not exceeding 90 days and/or a period of community service not exceeding 90 days.
