Piedmont Municipal Code Art. III Biting Animals and Animals Running at LARGE3

(a) No owner or keeper of any dog shall cause or permit such dog to be or run at large upon any public place or any private property other than that of such owner except with the prior consent of the person in charge of such private property, unless such dog is securely restrained by a substantial leash not to exceed six feet in length and is under the charge and control of a person competent to keep such dog under effective charge and control. A dog may be secured by a retractable leash; however, the leash may not exceed six feet in length when in the presence of other people. A substantial leash must be capable of restraining the dog without breaking when the animal is pulling with all of its strength.

(b) Section 4.13 (a) shall not apply to dogs in off leash areas, as defined in Section 3.4.2 of this code, subject to the off leash area rules established in Section 3.4.4. (Ord. 291 N.S., 05/1970, Ord. 316 N.S., 07/1974; Ord. 741 N.S., 09/2018)

3 For state law as to dogs running at large, See Ag. C.A. §30951.

Chapter 4 - Animals 4-6

Purpose and Intent: There have been, are and will be in the future in the City of Piedmont dogs and animals which are vicious and which, as such, constitute a public nuisance which should be abated. The provisions of this Section are intended to provide a process pursuant to which such dogs and animals found, following a hearing at which oral and documentary evidence is considered, to be a public nuisance may be removed from the City or otherwise abated. This Section is intended to supplement rather than supplant any other remedy available either under State law or City ordinance.

Vicious Animal Defined: The term "vicious animal" as used in this Section shall mean any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior patterns:

(a) An attack, without provocation, which requires a defensive action by any person to prevent bodily injury or property damage in a place where such person is conducting himself peaceably and lawfully.

(b) An attack, without provocation, on another animal which occurs off the property of the owner of attacking animal.

(c) An attack, without provocation, that results in an injury to a person in a place where such person is conducting himself peaceably and lawfully.

(d) Any aggressive behavior, without provocation, that constitutes a physical threat of bodily harm to a person where such person is conducting himself peaceably and lawfully.

For the purposes of this subsection 4.14.2, a person is peaceably and lawfully upon the private property of the owner of an animal when he/she is on such property in the performance of any duty imposed upon him/her by the laws of this state or any City or County or the laws of postal regulations of the United States or when he/she is on such property upon invitation, expressed or implied.

Investigation: In the event of a report or incident involving an animal biting a human, any animal is quarantined pursuant to Subsection 4.14.4 for biting a human being or other animal, the case shall be investigated by the Piedmont Animal Control Officer with the assistance of the City Police. If, based on said investigation, the Animal Control Officer concludes there is probable cause to believe that the animal is vicious, then he/she shall so certify in writing to the Piedmont Police Department.

Confinement of Animal: If, pursuant to Subsection 4.14.3, an animal is certified to the Police Department as being probably vicious, the Animal Control Officer shall ensure that

Chapter 4 - Animals 4-7 the animal is confined either on the premises of the owner or, if considered necessary to protect the public health, safety and welfare, at any approved animal shelter with the cost of confinement therein deemed a part of the cost of abatement if such is eventually the order. Said confinement shall continue pending disposition of the hearing provided for in Subsection 4.14.5.

Scheduled Hearing: The Police Department shall upon receipt of certificate under Subsection 4.14.3 schedule a hearing before the Hearing Officer. The hearing date shall be no longer than 10 days from receipt by the Police Department of the certification. The Police Department shall mail by both regular and certified mail to the owner of the animal at the address where the animal is kept and maintained at least 7 days prior to the date set for hearing a notice in form substantially as follows:

'NOTICE OF HEARING REGARDING VICIOUS ANIMAL'

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Section 4.14 of the City Code of the City of Piedmont, the Animal Control Officer has certified that there are reasonable grounds to believe your animal may be vicious. The animal is described as:
____________________________________________________________________.
FURTHER NOTICE IS HEREBY GIVEN that on ________________ the _____ day of _________________, 20, at the hour of _______ o'clock ____.M., in the Police Department, 403 Highland Avenue, Piedmont, Alameda County, California, the report of the Animal Control Officer will be considered by the Hearing Officer together with such oral and documentary evidence bearing upon the question of whether the animal herein is vicious.

In the event the animal herein is found to be vicious he will be abated as a public nuisance and the cost, if any, of said abatement assessed against you.

Dated:______________________________________ Chief of Police

In addition to sending such notice by mail, the Police Department shall either deliver a copy of such notice by personal service to an adult at the address where the animal is kept and maintained or shall post such notice prominently at such address, either by means of providing notice to be accomplished at least 5 days prior to the date set for hearing.

In the event that the record owner of the property on which the animal is kept and maintained is listed in the real property records of the City as residing elsewhere, a copy of such notice shall also be mailed to such record owner of the property at the other address in the same manner as if he were owner of the animal.

Hearing. At the hearing before the Hearing Officer, which may be continued from time to time at the discretion of the Hearing Officer, both oral and documentary evidence

Chapter 4 - Animals 4-8 shall be taken and considered bearing upon the question of whether or not the animal in question is vicious, consistent with the provision so Subsection 4.14.3 hereof. No hearing shall be continued without proof to the Hearing Officer that the public is being adequately protected from any further attacks by the animal in question.

Findings: Public Nuisance. If, based upon the hearing, the Hearing Officer finds that the animal in question is vicious, he shall so specify in writing together with particular findings of fact. Any animal found to be a vicious animal is hereby deemed a public nuisance and shall be, pursuant to the order of the Hearing Officer, humanely destroyed by the Animal Control Officer, removed from the City or otherwise abated.

Appeal to Superior Court.

(a) The decision of the Hearing Officer may be appealed by any interested party to the Superior Court.

(b) The Hearing Officer will automatically stay the effect of his or her decision upon request for up to thirty (30) days provided that the animal's owner must demonstrate to the satisfaction of the Hearing Officer that the public is being adequately protected from the possibility of any further attacks by the animal in question.

(c) After an action has been commenced, the Superior Court may stay the Hearing Officer's decision provided that the animal's owner must demonstrate to the satisfaction of the Court that the public is being adequately protected from the possibility of any further attacks by the animal in question.

(d) Superior Court review shall be in accordance with Code of Civil Procedure Section 1094.5 and the Court shall exercise its independent judgment based upon the record of proceedings before the Hearing Officer.

Cost of Abatement. The cost of abatement shall be paid for by the owner of the animal and shall become a lien against the property of the owner, if any, upon which the animal is kept and maintained until said assessment is paid.

Payment of Assessment. It shall be lawful for any person to pay the amount of such assessment on or before the 15th day of July following its imposition. If said 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 of the owner upon which property the animal was maintained and shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the City.

Collection of Assessment. In the event that legal action is necessary to collect said assessment the owner of the animal shall pay all the expenses thereof, including but not limited to reasonable attorneys' fees incurred by the City, all as determined by the Court. (Ord.

Chapter 4 - Animals 4-9 291 N.S., 05/1970; Ord. 353 N.S., 11/1977; Ord. 474 N.S., 02/1986; Ord. 741 N.S., 09/2018)

The head of an animal which dies while under isolation shall be submitted to the laboratory of the county health department for examination for rabies. (Ord. 291 N.S., 05/1970)

Whenever any person having charge, care, control, custody or possession of any animal has knowledge that such animal has bitten any person or animal, or has been bitten by another animal, the person having such charge, care, control custody or possession of such animal shall report such fact within forty eight hours to the Chief of Police. The report shall state the name and address of the person bitten, a description of the animal bitten, if any, the time and place where such person or animal was bitten, and any other information so requested by the Chief of Police. (Ord. 291 N.S., 05/1970; Ord. 353 N.S., 11/1977; Ord. 741 N.S., 09/2018)

No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the county sheriff or police department in the performance of the functions or duties of such department, or interfere with or meddle with any such dog while being used by such department or any member thereof in the performance of any of the functions or duties of such department or of such officer of member. (Ord. No. 291 N.S. §1)