Alameda County Municipal Code Ch. 5.20 Vicious Dogs

Within the county 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 county ordinance.

(Prior gen. code § 3-49.0)

Any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is presumed vicious:

A. 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;

B. An attack which results in property damage or in an injury to a person when such person is conducting himself or herself peacefully and lawfully;

C. An attack on another animal, livestock, or poultry which occurs on property other than that of the owner of the attacking dog;

D. Any behavior which constitutes a threat of bodily harm to a person when such person is conducting himself or herself peacefully and lawfully.

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 or she is on such property in the performance of any duty imposed on such person by state or local law, or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation, either express or implied.

(Prior gen. code § 3-49.1)

Any dog quarantined pursuant to Section 5.08.020 of this code for biting a human being and any incident reported to the director concerning a vicious dog may be investigated by the director. If, based on the investigation, the director concludes there is probable cause to believe that the dog is vicious he shall so certify in writing within ten days following completion of the investigation to the person owning or controlling the dog.

(Prior gen. code § 3-49.2)

If there is probable cause to believe that a dog is vicious, and the director so certifies, such officer shall insure that the dog is securely confined either on the premises of the owner or person controlling the dog, or, if considered necessary to protect the public health, safety and welfare, at an appropriate animal shelter. The confinement shall continue pending the decision of the hearing officer following the hearing provided for in Section 5.20.050.

(Prior gen. code § 3-49.3)

A hearing date shall be set no later than ten days from the date of certification. The director shall mail or otherwise deliver to the owner or person controlling the dog or other interested persons, 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 5.20 of Title 5 of the General Ordinance Code of the County of Alameda, the Director has certified there is probable cause to believe your dog _____ (description) is vicious.

FURTHER NOTICE IS HEREBY GIVEN that on _______ the _____ day of _______, 19_____, at the hour of _____ o'clock in _______ Alameda County, California, the report of the Director will be considered by the Director of Field Services 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.

(Prior gen. code § 3-49.4)

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.

(Prior gen. code § 3-49.5)

If, based upon the hearing, the director finds that the dog is vicious he shall so specify in writing together with the reasons therefor. Any dog found to be vicious is hereby deemed a public nuisance and shall be, pursuant to the order of the director, humanely destroyed or removed from the county, or the nuisance otherwise abated by appropriate order including, but not limited to, confinement, fencing, muzzling or leashing. The decision of the director 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.

(Prior gen. code § 3-49.6)

If the director finds the dog is vicious the county-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 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 (30) days after the date of mailing or delivery of the order, the director may dispose of the dog in any manner provided by law.

(Prior gen. code § 3-49.7)

The assessment shall be due and payable within twenty (20) days after the date of mailing or delivery of the order. If the assessment is not paid on or before said date the total amount thereof shall be entered on the next fiscal year tax roll as a lien against the property 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 county, or an action may be brought in the name of the county to recover the assessment.

(Prior gen. code § 3-49.8)

The violation of any order issued pursuant to Section 5.20.070, shall constitute a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by fine not exceeding five hundred dollars ($500.00), or by both.

(Prior gen. code § 3-49.9)