§ 4-1. Vicious Dogs.

• (a) It shall be unlawful for any person within the City of Oakdale who owns or is in charge of or controls or who possesses any dog or other animal, that is dangerous to the safety of any person or other animal, to not keep such animal muzzled and securely restrained.

Upon knowledge of the whereabouts of a vicious dog, the animal control officer shall immediately conduct an investigation of the matter for the purposes of verifying the report. If he finds that the dog has bitten or shows a propensity to attack, bite, scratch, or harass people or other animals without provocation, he shall notify the owner in writing and direct that henceforth the dog be kept within a secured enclosure (enclosure approved by the animal control officer). If the animal is outside the enclosure the dog shall be leashed and muzzled so as to prevent its biting or further attacking of any person or any other animals. Failure to comply shall constitute a misdemeanor and the owner of such animal may be subject to the provisions in § 4-1(c)(2).

• (b) It shall be unlawful for any person within the City of Oakdale to keep, harbor, or sell any venomous animal, reptile, or arthropod, excepting tarantulas and scorpions.

• (c) Impoundment and destruction authorized.

  • (1) If upon receiving written notification, the owner fails to comply with the restrictions as ordered, the owner is in violation of this title and the animal control officer is empowered to seize, impound, and destroy such dog pending the provisions in § 4-1 (d).

  • (2) The animal control officer or police officer may destroy any dog found in the act of biting, attacking and constituting a threat or hazard to the safety of any other person or any other animal.

• (d) Hearing authorized.

  • (1) When a dog has been impounded under the provisions of this section, the owner has five working days to contact the animal control officer and request a hearing to show cause why said dog should not be destroyed.

  • (2) If after five working days the owner has not contacted the animal control officer to request a hearing, the vicious dog may be destroyed without further delay.

  • (3) The hearing required pursuant to this section shall be conducted by the chief of police or by a designated employee who shall not be directly involved in the subject action and;

The hearing shall be scheduled under Article V of the abatement of vicious dogs sections 4-31, 4-32, 4-33 and 4-34.

• (e) Change of ownership or residence. The owner of a vicious dog who sells or transfers ownership, custody or residence, shall notify the police department in writing of the intended transfer of residence and provide the name, address, and telephone of the new owner or custodian.

• (f) Confinement of dogs. If a dog shall be impounded under § 4-16(a) of this chapter for biting a person, or if there is probable cause to believe a dog is dangerous, and the animal control officer so certifies, such officer or any police officer may enter upon private premises in order to seize any such

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City of Oakdale, CA § 4-1

ANIMALS AND FOWL

§ 4-4

dangerous dog whether running at large or not and shall confine said dog at the Oakdale Animal Shelter. The confinement shall continue pending the decision of the chief of police following a hearing provided for in § 4-31 of this article. The cost of said confinement shall be paid by the person owning or controlling the dog. The dog shall not be released until such costs have been paid in full. [Ord. No. 1000, § 1.]

§ 4-2. Certain animals declared public nuisances; impound of certain animals. [Ord. No. 1000, § 1.]

Any dog which is allowed to run at large in the City at any time, or any unconfined and unmuzzled vicious dog or other carnivorous animal, is hereby declared to be a public nuisance. It shall be the duty of every police officer of the City to abate such nuisance by taking such dogs or animals into custody and impounding the same at the City Animal Shelter. Any dog or animal impounded pursuant to the terms of this section shall not be released except with the written permission of the chief of police; provided, that any dog or animal which is impounded three times in any calendar year shall be destroyed.