Article V — Abatement of Vicious Dogs

§ 4-30. Purpose and intent. [Ord. No. 1000, § 1.]

Within the City of Oakdale there are dangerous dogs, which constitute public nuisances and which are hereby declared to be public nuisances by the City Council. Such public nuisances should be abated. The provisions of this article provide an administrative procedure by which a dog found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This article is intended to supplement rather than supplant any other remedy available under state law or City ordinance.

§ 4-31. Scheduled hearing. [Ord. No. 1000, § 1.]

A hearing date shall be set not later than ten days from the date of certification. The chief of police 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 DANGEROUS DOG"

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Article 5 of Chapter 4 of the Code of the City of Oakdale, the Animal Control Officer has certified that there is probable cause to believe your dog _____________________ is dangerous.

FURTHER NOTICE IS HEREBY GIVEN that on ______________________the _____________________ day of __________________,19, at the hour of ________________o'clock in the office of the Chief of Police, 245 N. Second Avenue, Oakdale, California, the report of the Animal Control Officer will be considered by the Chief of Police or his designated subordinate with such other oral and documentary evidence bearing upon the question of whether your dog is dangerous. You may appear and may present evidence at the hearing.

In the event your dog is found to be dangerous, 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:

CHIEF OF POLICE - Oakdale"

§ 4-32. Hearing. [Ord. No. 1000, § 1.]

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 dangerous.

§ 4-33. Findings; public nuisance. [Ord. No. 1000, § 1.]

If, based upon the hearing, the chief of police or his designated subordinate finds that the dog is dangerous, he or she shall so specify in writing together with the reasons therefor. Any dog found to be dangerous is hereby deemed a public nuisance and shall be pursuant to the order of the chief of police or his designated subordinate, 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 chief of police or his designated subordinate shall be made within ten days after the conclusion of

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City of Oakdale, CA § 4-33

OAKDALE CITY CODE

§ 4-35

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.

§ 4-34. Cost of impoundment. [Ord. No. 1000, § 1.]

If the chief of police or his designated subordinate finds that the dog is dangerous, 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 dangerous 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 chief of police may dispose of the dog in any manner provided by law.

§ 4-35. Criminal sanctions. [Ord. No. 1000, § 1; Ord. No. 1169; amended 7-1-2019 by Ord. No. 1266]

The violation of any part of this chapter is an infraction, with the exception of §§ 4-1, 4-4, 4-12 and 4.21.1, which may be charged as a misdemeanor or infraction. Fine amounts for all sections listed in Chapter 4, Articles I through V, will be established by resolution. In addition, any violations may be subject to the administrative citation process as set forth in this Code.

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City of Oakdale, CA