Oceanside Municipal Code Div. 4 Vicious Dogs

Vicious dog means a dog which:

(1) Has twice bitten within a forty-eight-month period a person engaged in lawful activity;

(2) Has once bitten a person engaged in lawful activity, causing death or serious injury;

(3) Has twice within a forty-eight-month period shown the disposition, tendency or propensity to attack, bite or otherwise cause injury to a person engaged in lawful activity;

(4) Has been declared a vicious dog, pursuant to section 4.29, by the poundmaster of the city or the Oceanside Humane Society, if so delegated by the Oceanside City Council by resolution or contract, or by any other municipality, county or state.

(Ord. No. 83-29, § 2, 7-27-83)

If the poundmaster of the city or the Oceanside Humane Society, if so delegated, has cause to believe that a dog is a vicious dog within the meaning of section 4.28(1), (2) or (3), the poundmaster of the city or humane society may find and declare such dog a vicious dog.

(Ord. No. 83-29, § 2, 7-27-83)

(a) Within three (3) working days of declaring a dog vicious, the poundmaster of the city or the Oceanside Humane Society, if so delegated, will notify, by certified mail, the person owning or possessing the dog of its designation as a vicious dog and of any specific restrictions and conditions for the maintenance of the dog, as set forth in sections 4.32 and 4.33. The poundmaster of the city or the Oceanside Humane Society, if so delegated, will also notify the city manager, fire department and the police department of the designation of any dog as a vicious dog. The notification will describe the dog and specify any particular requirements or conditions placed upon the person owning or possessing the dog.

(b) The notice shall inform the owner or custodian of the dog that he/she may request, in writing, a hearing within five (5) working days of the mailing of the vicious dog declaration, to contest the finding and designation.

(c) Upon request of the owner or custodian of the dog for a hearing, a hearing shall be held within ten (10) working days of the request for a hearing, a notice of which hearing shall be mailed to the owner or custodian of the dog requesting the hearing.

(Ord. No. 83-29, § 2, 7-27-83)

(a) Failure of the person owning or possessing the dog to request a hearing pursuant to section 4.30(b) shall result in the dog's being finally declared a vicious dog and subject the dog and the person owning or possessing the dog to the provisions of this chapter.

(b) A finding at the hearing that the dog does fall within subsection (1), (2) or (3) of section 4.28 shall result in that dog's being declared a vicious dog and subject the dog and the person owning or possessing the dog to the provisions of this chapter.

(Ord. No. 83-29, § 2, 7-27-83)

It is unlawful to have custody of, own or possess a dog declared to be vicious under this chapter unless it is restrained, confined or muzzled so that it cannot bite, attack or cause injury to any person.

(Ord. No. 83-29, § 2, 7-27-83)

The poundmaster of the city or the Oceanside Humane Society, if so delegated, may impose upon the person owning or possessing a dog declared a vicious dog specific reasonable restrictions and conditions for the maintenance of the dog to ensure the health and safety of the public and dog. The restrictions and conditions may include, but are not limited to:

(a) The posting of a bond or other proof of ability to respond in damages in the amount of ten thousand dollars ($10,000.00).

(b) Requirements as to size, construction and design of a kennel in which to house the dog.

(c) Location of the dog's residence, to include removal of the dog from the City of Oceanside.

(d) Requirements as to type and method of restraints and/or muzzling of the dog.

(e) Photo identification or permanent marking of the dog for the purposes of identification.

(f) Payment of reasonable fees to recover the costs incurred by the poundmaster of the city or the Oceanside Humane Society, if so delegated, in ensuring compliance with this chapter.

(Ord. No. 83-29, § 2, 7-27-83)

It shall be unlawful for the person owning or possessing a dog declared vicious pursuant to section 4.29 to fail to comply with any requirements or conditions imposed pursuant to sections 4.32 and 4.33.

(a) Any dog declared vicious pursuant to section 4.29 which is found to be in violation of section 4.32 shall be impounded by the poundmaster of the city or Oceanside Humane Society, if so delegated. Continued or subsequent possession or ownership of that dog by the person or persons in possession or having ownership of the dog at the time of violation of section 4.32 is prohibited.

(b) Failure to comply with the restrictions or conditions for maintenance of a vicious dog as set forth in section 4.33 will result in citation, impoundment or other action by the poundmaster of the city or Oceanside Humane Society, if so delegated.

(Ord. No. 83-29, § 2, 7-27-83)

(a) When the poundmaster of the city or Oceanside Humane Society, if so delegated, intends to impound a dog declared to be vicious for violation of section 4.32 or 4.33, it shall notify the owner or custodian of the dog, by certified mail, of the intended impoundment at least five (5) working days prior to the intended impoundment, except as provided in section 4.36(a).

(b) The notice of intent to impound shall inform the owner or custodian of the dog that he/she may request in writing, within five (5) working days prior to the intended impoundment, a hearing to contest the intended impoundment and finding of violation.

(c) Upon request by the owner or custodian of the dog for a hearing pursuant to subsection (b), a hearing shall be held within ten (10) working days of the request for a hearing, a notice of which hearing shall be mailed by certified mail to the owner or custodian of the dog requesting such hearing.

(d) If the owner or custodian requests a hearing pursuant to subsection (b), no impoundment shall take place until conclusion of the hearing, except as authorized in section 4.36.

(Ord. No. 83-29, § 2, 7-27-83)

(a) A dog declared to be vicious may be immediately impounded without a preimpoundment hearing when the poundmaster of the city or Oceanside Humane Society, if so delegated, determines such immediate impoundment is necessary for the protection of public health or safety. Such immediate impoundment may be ordered for violation of section 4.32 or when the dog bites an individual.

(b) The owner or custodian of the dog immediately impounded pursuant to subsection (a) shall be notified of the impoundment by certified mail within five (5) working days of the dog's impoundment.

(c) The notice of impoundment shall inform the owner or custodian of the dog that he/she may request, in writing, a hearing to contest the impoundment within five (5) working days of the mailing of the notice of impoundment.

(d) Upon request by the owner or custodian of the dog for a hearing pursuant to subsection (c), a hearing shall be held within ten (10) working days of the request for a hearing, a notice of which hearing shall be mailed by certified mail to the owner or custodian of the dog requesting the hearing.

(Ord. No. 83-29, § 2, 7-27-83)

(a) If, after hearing, the poundmaster of the city or the Oceanside Humane Society, if so delegated, finds no violation of section 4.32 or 4.33, or evidence that the dog bit an individual, the subject dog shall be returned to its owner or custodian if already impounded, or shall not be impounded as intended.

(b) Incident to findings and conclusions made at the impound hearing, the poundmaster of the city or Oceanside Humane Society, if so delegated, may impose reasonable restrictions and conditions for the maintenance of the dog to ensure the health and safety of the public and the animal. The conditions may include, but are not limited to:

(1) Posting of a bond or other proof of ability to respond in damages.

(2) Specific requirements as to size, construction and design of a kennel in which to house the dog.

(3) Location of animal's residence, to include removal of the dog from the City of Oceanside.

(4) Requirements as to type and method of restraint and/or muzzling of the dog.

(5) Photo identification or permanent marking of the dog for purposes of identification.

(6) Payment of reasonable fees to recover the costs incurred by the poundmaster of the city or the Oceanside Humane Society, if so delegated, in ensuring compliance with this chapter.

(Ord. No. 83-29, § 2, 7-27-83)

(a) The poundmaster or Oceanside Humane Society, if so delegated, may order the destruction of a dog which it determines to be extremely dangerous to public health or safety, a dog which has made an extremely vicious attack upon an individual, or a dog declared vicious whose owner is unable or unwilling to adequately restrain it.

(b) The poundmaster or Oceanside Humane Society, if so delegated, shall give written notice by certified mail of its intention to destroy such dog to the owner or custodian of the dog, who may request in writing, within five (5) working days of mailing of such notice, a hearing to contest the intended destruction.

(c) If no hearing is requested pursuant to subsection (b), the dog shall be destroyed pursuant to applicable provisions of law.

(d) If a hearing is requested pursuant to subsection (b), such hearing shall be held within ten (10) working days of the request; and the dog shall not be destroyed prior to the conclusion of the hearing.

(Ord. No. 83-29, § 2, 7-27-83)

Owners or custodians of a vicious dog who sell or otherwise transfer the ownership, custody or residence of a dog declared vicious shall, within ten (10) days, inform, in writing, the poundmaster of the city or the Oceanside Humane Society, if so delegated, of the name, address and telephone number of the new owner or custodian and the name and description of the dog. The previous owner or custodian shall, in addition, notify the new owner or custodian in writing of the details of the dog's record, terms and conditions of maintenance, and provide the poundmaster of the city or Oceanside Humane Society, if so delegated, with a copy thereof, and with written acknowledgment by the new owner or custodian of his receipt of the notification. The poundmaster of the city or the Oceanside Humane Society, if so delegated, will notify the city manager, fire department and the police department of any changes of ownership, custody or residence within three (3) working days of receipt of such information.

(Ord. No. 83-29, § 2, 7-27-83)

Any dog which has been declared a vicious dog by any agency or department of this city, another municipality, county or state shall be subject to the provisions of this chapter for the remainder of its life. The person who owns or possesses any dog declared a vicious dog by any municipality, county or state government must notify the poundmaster of the city or Oceanside Humane Society, if so delegated, of the dog's address and restrictions of maintenance, within ten (10) days of moving the animal into the city. The restrictions and conditions of maintenance of any dog declared vicious by this city, another municipality, county or state will continue to remain in force while the dog is in this city.

(Ord. No. 83-29, § 2, 7-27-83)

If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this ordinance and adopted this chapter and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 83-29, § 2, 7-27-83)