There have been, are and will be in the future in the city,
dogs which are vicious and which, as such, constitute a public nuisance
which should be abated. The provisions of this chapter are intended
to provide a vehicle pursuant to which dogs found, following a hearing
at which oral and documentary evidence is considered, to be a public
nuisance may be removed from the city or otherwise abated. This chapter
is intended to supplement rather than supplant any other remedy available
either under state law or city ordinance.
(Prior code § 4-6.10; Ord. 1205 § 2, 1985)
A "vicious dog" shall mean a dog with a propensity
to bite human beings or other animals. In determining whether a dog
is vicious, the following factors shall be considered:
A. Whether
and how many times the dog has bitten human beings;
B. Whether
and how many times the dog has bitten other animals;
C. Whether
a biting or bitings have occurred while the dog was under the control
or on the property of the owner thereof;
D. The
severity of any bite or bitings;
E. The
circumstances surrounding any bite or bitings, including, but not
limited to, whether the dog was provoked, whether the biting or bitings
occurred during play with the animal and density of population in
the area in which the dog is kept;
F. Such
other circumstances and consideration deemed relevant to the questions
of whether or not the dog is vicious.
(Prior code § 4-6.11; Ord. 1205 § 2, 1985)
Any dog quarantined pursuant to Section
7.32.010 of this title for biting a human being or other animal shall be investigated by the health officer. In cases in which the owner of the dog refuses to cooperate in the investigation, the health officer may request the assistance of the city police. If, based on the investigation, the health officer concludes there is probable cause to believe that the dog is vicious, he or she shall so certify in writing to the city clerk.
(Prior code § 4-6.12; Ord. 1205 § 2, 1985)
If, pursuant to Section
7.20.030 of this chapter, a dog is certified to the city clerk as being probably vicious, the health officer shall ensure that the dog is confined either on the premises of the owner or, if considered necessary to protect the public health, safety and welfare, at any approved animal shelter with the cost of confinement therein deemed a part of the cost of abatement if such is eventually the order. The confinement shall continue pending disposition of the hearing provided for in Section
7.20.050 of this chapter.
(Prior code § 4-6.13; Ord. 1205 § 2, 1985)
The city clerk shall, upon receipt of a certification under Section
7.20.030 of this chapter, schedule a hearing before the city manager or his or her designate (hereafter "hearing officer"). The hearing date shall be no longer than 10 days from receipt by the city clerk of the certification. The city clerk shall mail to the owner of the dog at least five days prior to the date set for hearing a notice in form substantially as follows:
NOTICE OF HEARING
REGARDING VICIOUS DOG
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NOTICE IS HEREBY GIVEN that pursuant to the provisions of Title
7 of the Municipal Code of the City of Pleasanton, the Health Officer
has certified your dog as being probably vicious.
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FURTHER NOTICE IS HEREBY GIVEN that on __________ the _____
day of _______________, 20_____, at the hour of __________ o'clock
_.m., in the City Council Chambers, 200 Old Bernal Avenue, Pleasanton,
Alameda County, California, the report of the Health Officer will
be considered by the Hearing Officer together with such other oral
and documentary evidence bearing upon the question of whether the
dog herein is vicious.
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In the event the dog herein is found to be vicious he or she
will be abated as a public nuisance and the cost, if any, of said
abatement assessed against you.
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Dated: __________
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City Clerk __________
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(Prior code § 4-6.14; Ord. 1205 § 2, 1985)
At the hearing before the hearing officer, which may be continued from time to time, both oral and documentary evidence shall be taken and considered bearing upon the question of whether or not the dog in question is vicious, consistent with the provisions of Section
7.20.030 of this chapter. No hearing shall be continued without proof to the hearing officer that the public is being adequately protected from any further attacks by the dog in question.
(Prior code § 4-6.15; Ord. 1205 § 2, 1985)
If, based upon the hearing, the hearing officer finds that the
dog in question is vicious, he or she shall so specify in writing
together with reasons therefor. Any dog found to be vicious is deemed
a public nuisance and shall be, pursuant to the order of the hearing
officer, humanely destroyed by the director, removed from the city
or otherwise abated.
(Prior code § 4-6.16; Ord. 1205 § 2, 1985)
A. The
decision of the hearing officer may be appealed by any interested
party to superior court.
B. The
hearing officer will automatically stay the effect of his or her decision
upon request for up to 30 days, provided that the dog's owner
must demonstrate to the satisfaction of the hearing officer that the
public is being adequately protected from the possibility of any further
attacks by the dog in question.
C. After
an action has been commenced, the superior court may stay the hearing
officer's decision, provided that the dog's owner must
demonstrate to the satisfaction of the court that the public is being
adequately protected from the possibility of any further attacks by
the dog in question.
D. Superior
court review shall be in accordance with
Code of Civil Procedure Section
1094.5 and the court shall exercise its independent judgment based
upon the record of proceedings before the hearing officer.
(Prior code § 4-6.16.5; Ord. 1205 § 2, 1985)
The cost of abatement shall be paid for by the owner of the
dog and shall become a lien against the property of the owner, if
any, upon which the dog is kept and maintained until the assessment
is paid.
(Prior code § 4-6.17; Ord. 1205 § 2, 1985)
It is lawful for any person to pay the amount of such assessment
on or before July 15th following its imposition. If the assessment
is not paid on or before the date, the total amount thereof shall
be entered on the next fiscal year tax roll as a lien against the
property of the owner upon which the dog was maintained and shall
be subject to the same penalties as are provided for other delinquent
taxes or assessments of the city.
(Prior code § 4-6.18; Ord. 1205 § 2, 1985)
In the event that legal action is necessary to collect the assessment,
the owner of the dog shall pay the expenses thereof including reasonable
attorney fees.
(Prior code § 4-6.19; Ord. 1205 § 2, 1985)