Newark Municipal Code Ch. 6.18 Abatement of Vicious Dogs

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. 184 § 3 (part), 1983)

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 of postal regulations of the United States, or when he or she is on such property upon invitation, either expressed or implied.

(Ord. 184 § 3 (part), 1983)

Any dog quarantined pursuant to Chapter 6.28 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 or she shall so certify in writing within ten days following completion of the investigation to the person owning or controlling the dog.

(Ord. 184 § 3 (part), 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 the dog at an appropriate animal shelter. The confinement shall continue pending the decision of the police chief following the hearing provided for in Section 6.18.050. The cost of the 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. 184 § 3 (part), 1983)

A hearing date shall be set no later than ten days from the date of certification. The police chief 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 6.18 of Title 6 of the Newark Municipal Code, the animal control officer has certified that 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 the offices of the Police Chief, City Hall, 37101 Newark Boulevard, Newark, California, the report of the animal control officer will be considered by the Police Chief 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.

(Ord. 184 § 3 (part), 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. 184 § 3 (part), 1983)

If, based upon the hearing, the police chief finds that the dog is vicious, he or 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 police chief, 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 police chief 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. 184 § 3 (part), 1983)

If the police chief finds the dog is 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 the 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 days after the date of mailing or delivery of the order, the police chief may dispose of the dog in any manner provided by law.

(Ord. 184 § 3 (part), 1983)

The assessment shall be due and payable within twenty 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 may 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 costs of impoundment.

(Ord. 184 § 3 (part), 1983)

The violation of any order issued pursuant to Section 6.18.070 shall constitute a misdemeanor punishable as provided in Chapter 1.16 of this code.

(Ord. 184 § 3 (part), 1983)