(a)
It shall be unlawful for any person within the City of Oakdale who
owns or is in charge of or controls or who possesses any dog or other
animal, that is dangerous to the safety of any person or other animal,
to not keep such animal muzzled and securely restrained.
Upon knowledge of the whereabouts of a vicious dog, the animal control officer shall immediately conduct an investigation of the matter for the purposes of verifying the report. If he finds that the dog has bitten or shows a propensity to attack, bite, scratch, or harass people or other animals without provocation, he shall notify the owner in writing and direct that henceforth the dog be kept within a secured enclosure (enclosure approved by the animal control officer). If the animal is outside the enclosure the dog shall be leashed and muzzled so as to prevent its biting or further attacking of any person or any other animals. Failure to comply shall constitute a misdemeanor and the owner of such animal may be subject to the provisions in § 4-1(c)(2).
(b)
It shall be unlawful for any person within the City of Oakdale to
keep, harbor, or sell any venomous animal, reptile, or arthropod,
excepting tarantulas and scorpions.
(c)
Impoundment and destruction authorized.
(1)
If upon receiving written notification, the owner fails to comply with the restrictions as ordered, the owner is in violation of this title and the animal control officer is empowered to seize, impound, and destroy such dog pending the provisions in § 4-1 (d).
(2)
The animal control officer or police officer may destroy any dog
found in the act of biting, attacking and constituting a threat or
hazard to the safety of any other person or any other animal.
(d)
Hearing authorized.
(1)
When a dog has been impounded under the provisions of this section,
the owner has five working days to contact the animal control officer
and request a hearing to show cause why said dog should not be destroyed.
(2)
If after five working days the owner has not contacted the animal
control officer to request a hearing, the vicious dog may be destroyed
without further delay.
(e)
Change
of ownership or residence. The owner of a vicious dog who sells or
transfers ownership, custody or residence, shall notify the police
department in writing of the intended transfer of residence and provide
the name, address, and telephone of the new owner or custodian.
(f)
Confinement of dogs. If a dog shall be impounded under § 4-16(a) of this chapter for biting a person, or if there is probable cause to believe a dog is dangerous, and the animal control officer so certifies, such officer or any police officer may enter upon private premises in order to seize any such dangerous dog whether running at large or not and shall confine said dog at the Oakdale Animal Shelter. The confinement shall continue pending the decision of the chief of police following a hearing provided for in § 4-31 of this article. The cost of said confinement shall be paid by the person owning or controlling the dog. The dog shall not be released until such costs have been paid in full.
[Ord. No. 1000, § 1.]
[Ord. No. 1000, § 1.]
Any dog which is allowed to run at large in the City at any
time, or any unconfined and unmuzzled vicious dog or other carnivorous
animal, is hereby declared to be a public nuisance. It shall be the
duty of every police officer of the City to abate such nuisance by
taking such dogs or animals into custody and impounding the same at
the City Animal Shelter. Any dog or animal impounded pursuant to the
terms of this section shall not be released except with the written
permission of the chief of police; provided, that any dog or animal
which is impounded three times in any calendar year shall be destroyed.
(a)
It is hereby provided that the chief of police is given full power
to carry out the provisions of this chapter and the provisions of
all laws of the state relating to the impounding or destroying of
dogs which are unlicensed or have no license tag attached to the collar,
harness of other device, contrary to the provisions of this chapter,
insofar as this chapter and sections of the Agricultural Code and
state statutes are applicable.
(b)
The chief of police may appoint an animal control officer. The animal
control officer shall have the duty of enforcing this chapter. The
animal control officer shall also enforce any law, statute or ordinance
of the City or the State of California relating to the care, control
or abuse of animals, and in furtherance of such enforcement, may arrest
without warrant and issue written Notices to Appear, under the authority
of California Penal Code § 836.6.
(c)
Authority to pursue. In the performance of their duties, all police
officers and each animal control officer shall have the authority,
when in pursuit of an animal which is in violation of a provision
of this Code, to go upon the property of the owner or a third person
for the purpose of impounding the animal, provided that in the course
of such pursuit he shall exercise reasonable care to avoid causing
damage to the property.
(d)
Authority to use tranquilizer gun. In the performance of their duties,
each animal control officer shall have the authority to employ the
use of the tranquilizer gun and all other animal control devices commonly
used by other animal control agencies located within the State of
California.
(e)
Authority to carry firearms. Such animal control officers, such as
the chief of police may specifically designate in writing are authorized
to carry firearms when acting in the course and scope of their employment
pursuant to Section 12031 of the Penal Code of California as effective
November 11, 1969.
[Ord. No. 1000, § 1.]
[Ord. No. 1000, § 1.]
(a)
No persons shall willfully oppose, resist, delay or obstruct the
animal control officer or police officers of the City in the discharge
or attempt to discharge any act or duty authorized or prescribed by
this chapter.
(b)
Mandatory appearance. Any person who refuses to sign a written promise
to appear in court is guilty of a misdemeanor.
