Dublin Municipal Code Art. IV Abatement of Potentially Dangerous and Vicious Dogs

Within the city there are potentially dangerous and vicious dogs which constitute a public nuisance which should be abated. The provisions of this article set forth the procedures for finding a dog potentially dangerous or vicious and subjecting the dog to appropriate controls and enforcement action. This article is intended to supplement rather than supplant any other remedy available either under state law or city ordinance.

(Ord. 27-87 § 27; Ord. 4-21 § 2)

A. This article does not apply to humane society shelters, animal control facilities, or veterinarians or to dogs while utilized by any police department or any law enforcement officer in the performance of police work.

B. No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime.

C. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

D. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained when teasing, tormenting, abusing, or assaulting the dog.

E. No dog may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(Ord. 4-21 § 2)

A.

"Potentially dangerous dog"

means any of the following:

Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

Any dog which, when unprovoked, bites a person causing a less severe injury than that defined in subsection B of this section.

Any dog which, when unprovoked, has seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

B.

"Severe injury"

means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

C.

"Vicious dog"

means any of the following:

Any dog which, when unprovoked, inflicts severe injury on or kills a human being.

Any dog that has killed or caused the death of another domestic animal.

Any dog previously determined to be a potentially dangerous dog which, after its owner has been notified of this determination, continues to behave in the manner described in subsection A of this section.

(Ord. 27-87 § 28; Ord. 4-21 § 2)

A. Any dog quarantined pursuant to Section 5.36.230 for biting a human being or animal and any incident reported to the city concerning a potentially dangerous or vicious dog may be investigated. If, based on the investigation, it is concluded there is probable cause to believe that the dog is potentially dangerous or vicious, the owner shall be notified in writing together with the reasons therefor within ten (10) business days following completion of the investigation to the person owning or controlling the dog. If, based on the investigation, it is concluded there is probable cause to believe that a dog has engaged in the first occasion of the potentially dangerous conduct described in Section 5.36.290(A)(1), the city may issue a warning notice to the person owning or controlling the dog. A warning is not required in the determination as to whether a dog is potentially dangerous or vicious.

B. Any dog determined to be potentially dangerous or vicious is hereby deemed a public nuisance and shall be abated by appropriate order which may include, but not be limited to, any of the following actions or a combination thereof:

1. Take no further action against the dog and its owner;

2. Require that the dog be permanently removed from the city;

3. Determine that the owner will lose all rights of ownership and control of the dog;

4. Restrict the owner's future ownership of a dog;

5. Order that the dog be put on a leash not to exceed six (6) feet long whenever accessible to public and/or be securely tied, fenced, confined, chained or muzzled;

6. Order the attendance and successful completion of behavior training classes;

7. Order the animal humanely euthanized;

8. Order any other appropriate action.

C. Notice of the determination that an animal is a potentially dangerous or vicious animal shall include notice of the right of the owner to a hearing to appeal the determination and notice that the determination will be deemed final if a hearing is not requested within seven (7) business days of the date of the notice. Notice shall further specify whether the animal is determined to be a potentially dangerous animal or vicious animal and a public nuisance, and if so found, what measures are ordered to abate the public nuisance. Notice shall be given in writing by first class mail in substantially the following form:

(Ord. 27-87 § 29; Ord. 4-21 § 2)

If there is probable cause to believe that a dog poses an immediate threat to public safety, the city shall order the dog be 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 city's determination and the period for requesting a hearing, and if a hearing is requested, pending the decision of the hearing officer following the hearing as provided for in Section 5.36.300.

(Ord. 27-87 § 30; Ord. 4-21 § 2)

A hearing date shall be set no later than fifteen (15) business days from the date of receipt of a written request for a hearing. The hearing officer shall promptly set a time and place for the hearing and notice of the hearing shall be mailed or otherwise delivered to the owner or person controlling the dog or other interested persons.

(Ord. 27-87 § 31; Ord. 4-21 § 2)

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 potentially dangerous or vicious. The hearing officer may uphold, modify or dismiss the city's determination on the basis of evidence produced at the hearing. Subsequently, the hearing officer shall give written notice of his or her decision within fifteen (15) business days of the hearing to the owner. This decision shall be final.

(Ord. 27-87 § 32; Ord. 4-21 § 2)

Any person aggrieved by any decision or action resulting from the hearing may appeal such decision to the Alameda County Superior Court in the manner set forth in California Food and Agricultural Code Section 31622. The filing of an appeal shall stay the decision or action appealed from.

(Ord. 4-21 § 2)

If the Director finds the dog is potentially dangerous or vicious, 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 potentially dangerous or 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.

(Ord. 27-87 § 34; Ord. 4-21 § 2)

The assessment shall be due and payable within thirty (30) days after the date of mailings 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 city, or an action may be brought in the name of the city to recover the assessment.

(Ord. 27-87 § 35; Ord. 4-21 § 2)

Any violation of this article involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars ($500). Any violation of this article involving a vicious dog shall be punished by a fine not to exceed one thousand dollars ($1,000).

(Ord. 4-21 § 2)