Within the City there are vicious dogs which constitute a public nuisance which should be abated. The provisions of this chapter provide an administrative procedure by which dogs found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This chapter is intended to supplement rather than supplant any other remedy available either under State law or City ordinance.
(Ord. 227-83 § 1, 1983)
A. 
Any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is presumed vicious:
1. 
An attack which requires a defensive action by any person to prevent bodily injury or property damage when such person is conducting himself or herself peacefully and lawfully;
2. 
An attack which results in property damage or in an injury to a person when such a person is conducting himself or herself peacefully and lawfully;
3. 
An attack on another animal, livestock, or poultry which occurs on property other than that of the owner of the attacking dog;
4. 
Any behavior which constitutes a threat of bodily harm to a person when such person is conducting himself or herself peacefully and lawfully.
B. 
For the purposes of this section, a person is conducting himself or herself peacefully and lawfully upon the private property of an owner or possessor of the dog when he/she is on such property in the performance of any duty imposed on such person by State or local law or by the laws of postal regulations of the United States, or when he/she is on such property upon invitation, either expressed or implied.
(Ord. 227-83 § 1, 1983)
"Animal Control Officer," as used in this chapter, shall mean the Union City Public Services Officer or any other person designated Animal Control Officer by the City Manager and employed by the City.
(Ord. 227-83 § 1, 1983)
Any dog quarantined pursuant to Chapter 8.12 for biting a human being and any incident reported to the Animal Control Officer concerning a vicious dog may be investigated by the Animal Control Officer. If, based on the investigation, the Animal Control Officer concludes that there is probable cause to believe that the dog is vicious, he/she shall so certify in writing within ten days following completion of the investigation to the person owning or controlling the dog.
(Ord. 227-83 § 1, 1983)
If there is probable cause to believe that a dog is vicious, and the Animal Control Officer so certifies, such officer or any police officer or other authorized employee of the City may enter upon private premises in order to seize any such vicious dog, whether running at large or not, and shall confine said dog at an appropriate animal shelter. The confinement shall continue pending the decision of the City Manager following the hearing provided for in Section 8.14.060. The cost of said confinement shall be paid by the person owning or controlling such dog. The dog shall not be released until such costs have been paid in full.
(Ord. 227-83 § 1, 1983)
A hearing date shall be set not later than ten days from the date of certification. The City Manager 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:
NOTICE OF HEARING REGARDING VICIOUS DOG
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 8.14 of Title 8 of the Union City Municipal Code, the Animal Control Officer has certified that there is probable cause to believe your dog, __________, is vicious.
FURTHER NOTICE IS HEREBY GIVEN that on __________ the __________ day of 20__, at the hour of __________ o'clock, in the offices of the City Manager, City Hall, 34009 Alvarado-Niles Road, Union City, California, the report of the Animal Control Officer will be considered by the City Manager together with such other oral and documentary evidence bearing upon the question of whether your dog is vicious. You may appear and may present evidence at the hearing.
In the event your dog is found to be vicious, 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.
Dated: ____________
City Manager
City of Union City
(Ord. 227-83 § 1, 1983)
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 vicious.
(Ord. 227-83 § 1, 1983)
If, based upon the hearing, the City Manager finds that the dog is vicious, he/she shall so specify in writing together with the reasons therefor. Any dog found to be vicious is deemed a public nuisance and shall be, pursuant to the order of the City Manager, 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 City Manager 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 registered mail or otherwise delivered to the person owning or controlling the dog.
(Ord. 227-83 § 1, 1983)
In the event that the decision of the City Manager pursuant to Section 8.14.090 includes abatement by appropriate order including confinement and/or fencing, the place of confinement shall be inspected by the Animal Control Officer to determine if adequate physical measures are in place to confine the dog.
(Ord. 561-01 § 1, 2001)
A. 
If the City Manager finds the dog is vicious, the City shall be entitled to recover the administrative and abatement costs incurred by the City, including any costs of impoundment. For purposes of this section, administrative costs shall include costs incurred by the City in connection with the hearing, including attorney's fees, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself. Said costs shall be enforceable as a personal obligation of the person owning or controlling the dog and the City shall have the right to impose said costs as a lien or a special assessment on real property in accordance with Section 1.12.050 of the Union City Municipal Code.
B. 
If the order includes the release of a dog found to be vicious 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 City Manager may dispose of the dog in any manner provided by law.
(Ord. 227-83 § 1, 1983; Ord. 631-04 § 1, 2004)