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
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.
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.
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.
Dated: __________
City Clerk __________
(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)