[Ord. No. 1000, § 1.]
Within the City of Oakdale there are dangerous dogs, which constitute
public nuisances and which are hereby declared to be public nuisances
by the City Council. Such public nuisances should be abated. The provisions
of this article provide an administrative procedure by which a dog
found to be a nuisance may be abated following a hearing at which
oral and documentary evidence is considered. This article is intended
to supplement rather than supplant any other remedy available under
state law or City ordinance.
[Ord. No. 1000, § 1.]
A hearing date shall be set not later than ten days from the
date of certification. The chief of police shall mail or otherwise
deliver to the owner or person controlling the dog and other interested
persons, including but not necessarily limited to, all properties
within three hundred feet of the address of the owner or person controlling
the dog, at least five days prior to the date set for hearing, a notice
in substantially the following form:
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"NOTICE OF HEARING REGARDING DANGEROUS DOG"
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NOTICE IS HEREBY GIVEN that pursuant to the provisions of Article 5 of Chapter 4 of the Code of the City of Oakdale, the Animal Control Officer has certified that there is probable cause to believe your dog _____________________ is dangerous.
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FURTHER NOTICE IS HEREBY GIVEN that on ______________________the
_____________________ day of __________________,19, at the hour of
________________o'clock in the office of the Chief of Police,
245 N. Second Avenue, Oakdale, California, the report of the Animal
Control Officer will be considered by the Chief of Police or his designated
subordinate with such other oral and documentary evidence bearing
upon the question of whether your dog is dangerous. You may appear
and may present evidence at the hearing.
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In the event your dog is found to be dangerous, 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.
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DATED:
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CHIEF OF POLICE - Oakdale"
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[Ord. No. 1000, § 1.]
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 the dog is dangerous.
[Ord. No. 1000, § 1.]
If, based upon the hearing, the chief of police or his designated
subordinate finds that the dog is dangerous, he or she shall so specify
in writing together with the reasons therefor. Any dog found to be
dangerous is hereby deemed a public nuisance and shall be pursuant
to the order of the chief of police or his designated subordinate,
humanely destroyed or removed from the City, or the nuisance otherwise
abated by appropriate order including, but not limited to, confinement,
fencing, muzzling, or leashing. The decision of the chief of police
or his designated subordinate shall be made within ten days after
the conclusion of the hearing and shall be final. A copy of the decision
shall be sent by certified mail or otherwise delivered to the person
owning or controlling the dog.
[Ord. No. 1000, § 1.]
If the chief of police or his designated subordinate finds that
the dog is dangerous, the City incurred costs of impoundment including
any abatement shall be paid by the owner or the person controlling
the dog and shall become a lien against the real property, upon which
the dog was kept and maintained until said assessment is paid. If
the order includes the release of a dog found to be dangerous to the
owner or person controlling it, the dog shall not be released until
such costs have been paid in full. If such costs have not been paid
within thirty days after the date of mailing or delivery of the order,
the chief of police may dispose of the dog in any manner provided
by law.
[Ord. No. 1000, § 1; Ord. No. 1169; amended 7-1-2019 by Ord. No. 1266]
The violation of any part of this chapter is an infraction, with the exception of §§ 4-1, 4-4, 4-12 and 4.21.1, which may be charged as a misdemeanor or infraction. Fine amounts for all sections listed in Chapter 4, Articles I through V, will be established by resolution. In addition, any violations may be subject to the administrative citation process as set forth in this Code.
