Salinas Municipal Code § 7-42 Purpose and intent

Within the city of Salinas there are vicious animals which constitute a public nuisance which should be abated. The provisions of this article provide an administrative procedure by which animals 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 either under state law or city ordinance including the provisions of Article IV of this chapter.

(Ord. No. 1925 (NCS), § 3; Ord. No. 2402 (NCS), § 1)

Any animal confined pursuant to Section 7-2 of this code for biting a human being and any incident reported to the poundmaster or his deputies concerning a vicious animal may be investigated by the poundmaster or his deputies. If, based on the investigation, the poundmaster or his deputies conclude that there is probable cause to believe that the animal is vicious, and that there is need to abate the animal as a vicious animal, he shall so certify to the city manager in writing within ten days following completion of the investigation. A copy of the certification shall be mailed to the person owning or controlling the animal.

(Ord. No. 1925 (NCS), § 3; Ord. No. 2402 (NCS), § 1)

If there is probable cause to believe that an animal is vicious, and requires abatement and the poundmaster or his deputies so certify, such individual or any police officer or other authorized employee of the city may enter upon private premises in order to seize any such vicious animal, whether running at large or not, and shall confine said dog at an appropriate animal shelter. The confinement of any vicious animal shall continue pending the decision of a hearing officer designated by the city manager following the hearing provided for in Section 7-45. The person owning or controlling such animal shall pay the costs of said confinement. The animal shall not be released until such costs have been paid in full.

(Ord. No. 1925 (NCS), § 3; Ord. No. 2402 (NCS), § 1)

A hearing date shall be set not later than twenty days from the date of certification of a vicious dog as provided in Section 7-43. The hearing officer designated by the city manager shall mail or otherwise deliver notice of the hearing to the owner or person controlling the dog and may mail notice to 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 vicious dog, at least five days prior to the date set for heating.

(Ord. No. 1925 (NCS), § 3; Ord. No. 2402 (NCS), § 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 vicious. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs. The decision of the hearing officer shall be supported by the weight of the evidence and shall be final.

(Ord. No. 1925 (NCS), § 3; Ord. No. 2402 (NCS), § 1)

If, based upon the hearing, the hearing officer designated by the city manager finds that the dog is vicious and requires abatement he or she shall so specify in writing together with the reasons therefor. Any dog found to be vicious and subject to abatement is deemed a public nuisance and shall be, pursuant to the order of the heating officer, 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 hearing officer 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. The decision of the hearing officer shall be final for all purposes.

(Ord. No. 1925 (NCS), § 3; Ord. No. 2402 (NCS), § 1)

If the hearing officer finds the dog is vicious, and subject to abatement 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 hearing officer finds that the dog is vicious but not subject to abatement, or 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 fourteen days after the date of mailing or delivery of the order, the city manager may dispose of the dog in any manner provided by law.

(Ord. No. 1925 (NCS), § 3; Ord. No. 2402 (NCS), § 1)

The assessment shall be due and payable within fourteen 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. No. 1925 (NCS), § 3; Ord. No. 2402 (NCS), § 1)