HomeMy WebLinkAbout8.1 Introduction of an Ordinance Amending Article IV (Abatement of Vicious Dogs) of Section 5.36 (Animal Control) of the Dublin Municipal Code Section Regarding Potentially Dangerous and Vicious DogsSTAFF REPORT
CITY COUNCIL
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Agenda Item 8.1
DATE:May 18, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Introduction of an Ordinance Amending Article IV (Abatement of Vicious
Dogs) of Section 5.36 (Animal Control) of the Dublin Municipal Code Section
Regarding Potentially Dangerous and Vicious Dogs
Prepared by: John Stefanski, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider adopting an Ordinance Amending Article IV (Abatement of Vicious
Dogs) of Section 5.36 (Animal Control) of the Dublin Municipal Code Section Regarding Potentially
Dangerous and Vicious Dogs.
STAFF RECOMMENDATION:
Waive the reading and INTRODUCE the Ordinance Amending Article IV (Abatement of Vicious
Dogs) of Section 5.36 (Animal Control) of the Dublin Municipal Code Section Regarding Potentially
Dangerous and Vicious Dogs.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Background
Article IV of Chapter 5.36 of the Dublin Municipal Code provides regulations for the abatement of
vicious dogs. Specifically, the regulations outline the administrative procedure by which dogs
found to be a nuisance may be abated following a hearing at which oral and documentary evidence
is considered. These regulations were originally adopted in 1987.
Since incorporation, the City has contracted for Animal Control Field Services with the Alameda
County Sheriff’s Office (ACSO). ACSO Animal Control Officers are responsible for the basic patrol
functions of Animal Control, including investigation of complaints and dog bites, dead animal pick-
up, issuance of citations, preparation of reports, and the sale of dog licenses.
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The City is responsible for the Vicious Dog determination and hearing process, enumerated in the
Dublin Municipal Code Article IV of Chapter 5.36. When a dog bite occurs, ACSO Animal Control
Officers complete an investigation and provide a report to the City detailing the facts of the case.
City staff then decides as to whether a Vicious Dog Hearing is warranted. The purpose of the
Vicious Dog Hearing is to provide a procedure by which the City can take additional oral and
documentary evidence, declare a dog “vicious,” and impose measures to control, confine, destroy,
or place restrictions on the dog. The hearing helps to limit the City’s exposure if a repeat attack
occurs. The process can also address the victim’s concerns. Vicious Dog Hearings are administered
in the City Manager’s Office.
In 2020, following a judicial appeal of a City’s vicious dog determination, Staff identified the need
to update the City’s Vicious Dog regulations. Specifically, the regulations needed to include a clear
appeal process as well as a designation lesser than “vicious dog.” Additionally, Staff desired to
update the regulations to improve the overall administration of the program and update
terminology at the recommendation of ACSO Animal Control.
Summary of Proposed Changes
1. Addition of “potentially dangerous dog” and updated definitions for “vicious dog”
The proposed Ordinance now includes a less-than-vicious-dog designation, “potentially
dangerous dog.” A potentially dangerous dog, as defined in the ordinance, is any:
1) dog which, when unprovoked, on two separate occasions within the prior 36-month
period, engages in any behavior that requires a defensive action by any person to
prevent bodily injury when the person and the dog are off the property of the owner
or keeper of the dog;
2) dog which, when unprovoked, bites a person causing a less severe injury than what
is defined in the Ordinance;
3) dog which, when unprovoked, has seriously bitten, inflicted injury, or otherwise
caused injury attacking a domestic animal off the property of the owner or keeper of
the dog.
A vicious dog is now defined as any:
1) dog which, when unprovoked, inflicts severe injury on or kills a human being;
2) dog that has killed or caused the death of another domestic animal;
3) dog previously determined to be a potentially dangerous dog which, after its owner
has been notified of this determination, continues to behave in the manner
described in the “potentially dangerous dog” definition.
2. Update to Determination and Notice Process
Under the proposed ordinance, the incidents reported to the City may be investigated. If,
based on the investigation, it is concluded there is probable cause to believe the dog is
potentially dangerous or vicious, the City will notify the owner in writing with the reasons
for this determination as well as the abatement actions ordered. This Notice will include an
additional notice of the right of the owner to request a hearing to appeal the determination.
If a hearing is not requested within seven business days, the determination by the City will
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be deemed final.
If, based on the investigation, it is concluded there is probable cause to believe that a dog
has engaged in the first occasion of the potentially dangerous conduct described in the
Ordinance, the City may issue a warning notice to the person owning or controlling the dog.
A warning is not required in the determination as to whether a dog is potentially
dangerous or vicious.
3. Administrative Timeline Extensions
The proposed Ordinance expands the time frame for scheduling a hearing from 10 to 15
business days in order to provide enough time to coordinate the schedules of all parties
required to attend the hearing.
4. Addition of Appeal Process
The proposed Ordinance now includes a clear appeal process. Any person aggrieved by any
decision or action resulting from the hearing may appeal such decision to the Alameda
County Superior Court in the manner set forth in California Food and Agricultural Code
Section 31622. The filing of an appeal shall stay the decision or action resulting from the
hearing.
5. Removal of term “destroy”
The proposed Ordinance has removed the term “destroy” and replaces it with “humane
euthanasia.”
6. Establishment of Fines
Under the proposed Ordinance, any violations of the Ordinance involving a potentially
dangerous dog shall be punished by a fine not to exceed $500. Violations involving a vicious
dog shall be punished by a fine not to exceed $1,000. Violations include failure of the owner
of a potentially dangerous or vicious dog to comply with and provide evidence of the
appropriate controls and enforcement actions ordered by the City.
The proposed changes have been reviewed by the Alameda County Sheriff’s Office and the City
Attorney’s Office.
Next Steps
The proposed Ordinance will become effective 30 days following adoption. Once effective, Staff
will administer the program in accordance with the updated procedures.
STRATEGIC PLAN INITIATIVE:
None.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted, and copies of this Staff Report have been delivered to Captain
Pace Stokes, Sergeant Mike Norton, and Jennifer Wills of the Alameda County Sheriff’s Office, who
oversee the Animal Control Division.
ATTACHMENTS:
1) Ordinance Amending Article IV (Abatement of Vicious Dogs) of Section 5.36 (Animal Control)
of the Dublin Municipal Code Section Regarding Potentially Dangerous and Vicious Dogs
832
Attachment 1
Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 7
ORDINANCE NO. XX – 21
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING ARTICLE IV (ABATEMENT OF VICIOUS DOGS) OF SECTION 5.36
(ANIMAL CONTROL) OF THE DUBLIN MUNICIPAL CODE REGARDING
POTENTIALLY DANGEROUS AND VICIOUS DOGS
WHEREAS,since incorporation, the City has contracted Animal Control Field
Services with the Alameda County Sheriff’s Office, who is responsible for the basic
functions of Animal Control, including the investigation of complaints and dog bites; and
WHEREAS,the City is responsible the Vicious Dog Hearing process, as described
in Article IV of Section 5.36 of the Dublin Municipal Code; and
WHEREAS,the City desires to update Article IV of Section 5.36 of the Dublin
Municipal Code to clarify the appeal process for Vicious Dog Hearings, add a designation
lesser than “vicious dog,” and to improve the overall administration of the program
NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows:
Section 1.Recitals.The above recitals are true and correct and made part of
this Ordinance.
Section 2.Approval of Amendments.
Article IV of Section 5.36 of the Dublin Municipal Code is amended as follows (with
additions in italics and deletions in strikethrough).
Article IV. Abatement of Potentially Dangerous and Vicious Dogs
5.36.280 Purpose and intent.
Within the city there are potentially dangerous and vicious dogs which constitute a
public nuisance which should be abated. The provisions of this article set forth the
procedures for finding a dog potentially dangerous or vicious and subjecting the dog to
appropriate controls and enforcement action provide an administrative procedure by
which dogs 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.
5.36.285 Exceptions.
A.This article does not apply to humane society shelters, animal control facilities, or
veterinarians or to dogs while utilized by any police department or any law
enforcement officer in the performance of police work.
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Attachment 1
Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 7
B.No dog may be declared potentially dangerous or vicious if any injury or damage
is sustained by a person who, at the time the injury or damage was sustained,
was committing a willful trespass or other tort upon premises occupied by the
owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting
the dog, or was committing or attempting to commit a crime.
C.No dog may be declared potentially dangerous or vicious if the dog was
protecting or defending a person within the immediate vicinity of the dog from an
unjustified attack or assault.
D.No dog may be declared potentially dangerous or vicious if an injury or damage
was sustained by a domestic animal which at the time the injury or damage was
sustained when teasing, tormenting, abusing, or assaulting the dog.
E.No dog may be declared potentially dangerous or vicious if the injury or damage
to a domestic animal was sustained while the dog was working as a hunting dog,
herding dog, or predator control dog on the property of, or under the control of, its
owner or keeper, and the damage or injury was to a species or type of domestic
animal appropriate to the work of the dog.
5.36.290 Vicious dog defined Definitions.
A.“Potentially dangerous dog” means any of the following:
1. Any dog which, when unprovoked, on two separate occasions within the prior
36-month period, engages in any behavior that requires a defensive action by
any person to prevent bodily injury when the person and the dog are off the
property of the owner or keeper of the dog.
2. Any dog which, when unprovoked, bites a person causing a less severe injury
than that defined in subsection B of this section.
3. Any dog which, when unprovoked, has seriously bitten, inflicted injury, or
otherwise caused injury attacking a domestic animal off the property of the owner
or keeper of the dog.
B.“Severe injury” means any physical injury to a human being that results in muscle
tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic
surgery.
C.“Vicious dog” means any of the following:
1. Any dog which, when unprovoked, inflicts severe injury on or kills a human
being.
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Attachment 1
Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 3 of 7
2. Any dog that has killed or caused the death of another domestic animal.
3. Any dog previously determined to be a potentially dangerous dog which, after
its owner has been notified of this determination, continues to behave in the
manner described in subsection A of this section.
A.Any dog, except one assisting a peace officer engaged in law enforcement
duties, which demonstrates any of the following behavior is presumed vicious:
1. An attack which requires a defensive action by any person to prevent bodily
injury or property damage when such person is conducting himself or herself peacefully
and lawfully;
2. An attack which results in property damage or in an injury to a person when
such person is conducting himself or herself peacefully and lawfully;
3. An attack on another animal, livestock, or poultry which occurs on property
other than that of the owner of the attacking dog;
4. Any behavior which constitutes a threat of bodily harm to a person when
such person is conducting himself or herself peacefully and lawfully.
B. For the purposes of this section, a person is conducting himself or herself
peacefully and lawfully upon the private property of an owner or possessor of the dog
when he or she is on such property in the performance of any duty imposed on such
person by state or local law, or by the laws or postal regulations of the United States, or
when he or she is on such property upon invitation, either express or implied.
5.36.300 Investigation, Determination, and Notice—Certification of viciousness.
A.Any dog quarantined pursuant to Section 5.36.230 of this chapter for biting a
human being or animal and any incident reported to the Director City concerning
a potentially dangerous or vicious dog may be investigated by the Director. If,
based on the investigation, the Director concludes it is concluded there is
probable cause to believe that the dog is potentially dangerous or vicious, the
owner shall be notified he shall so certify in writing together with the reasons
therefor within ten (10)business days following completion of the investigation to
the person owning or controlling the dog. If, based on the investigation, it is
concluded there is probable cause to believe that a dog has engaged in the first
occasion of the potentially dangerous conduct described in 5.36.290 (A)(1), the
City may issue a warning notice to the person owning or controlling the dog.A
warning is not required in the determination as to whether a dog is potentially
dangerous or vicious.
B.Any dog determined to be potentially dangerous or vicious is hereby deemed a
public nuisance and shall be abated by appropriate order which may include but not
limited to, any of the following actions or a combination thereof:
1. Take no further action against the dog and its owner;
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Attachment 1
Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 4 of 7
2. Require that the dog be permanently removed from the City;
3. Determine that the owner will lose all rights of ownership and control of the
dog;
4. Restrict the owner’s future ownership of a dog;
5. Order that the dog be put on a leash not to exceed six feet long whenever
accessible to public and/or be securely tied, fenced, confined, chained or
muzzled;
6. Order the attendance and successful completion of behavior training classes;
7. Order the animal humanely euthanized;
8. Order any other appropriate action.
C.Notice of the determination that an animal is a potentially dangerous or vicious
animal shall include notice of the right of the owner to a hearing to appeal the
determination and notice that the determination will be deemed final if a hearing is not
requested within seven (7) business days of the date of the notice. Notice shall further
specify whether the animal is determined to be a potentially dangerous animal or vicious
animal and a public nuisance, and if so found, what measures are ordered to abate the
public nuisance. Notice shall be given in writing by first class mail in substantially the
following form:
NOTICE REGARDING POTENTIALLY DANGEROUS OR VICIOUS DOG
NOTICE IS HEREBY GIVEN that pursuant to the provisions of the City of Dublin
Municipal Code, Chapter 5.36, Article IV, it has been determined that there is
probable cause to believe that you have an interest in, or have control or custody
or possession of, or are keeping that certain animal described below, and that
said animal is a potentially dangerous or vicious dog.
[Description of Animal; Facts Giving Rise to Notice; and Restrictions/Abatement
Ordered]
FURTHER NOTICE IS HEREBY GIVEN that you have the right, within seven (7)
business days of the date of this notice, to request a hearing before a hearing
officer as to whether the animal is a potentially dangerous or vicious dog and a
public nuisance, and if found to be a potentially dangerous or vicious dog and a
public nuisance, what measures are ordered to abate the public nuisance. The
hearing officer will consider the written reports and other oral and documentary
evidence in making a decision. You and other interested parties may present
written and oral evidence at the hearing.
If you do not request a hearing in writing, the determination that the dog is a
potentially dangerous or vicious dog and therefore a public nuisance will stand,
and the hearing officer may issue such orders as deemed necessary for
abatement of the public nuisance. In the event your dog is found to be potentially
dangerous or vicious it will be ordered to be abated as a public nuisance, subject
to a fine, and any impoundment cost incurred shall be assessed against you.
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Attachment 1
Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 5 of 7
Abatement may include, but not be limited to, confinement, fencing, muzzling,
leashing, or humane euthanasia.
Dated:__________
Director
5.36.310 Confinement of dog.
If there is probable cause to believe that a dog is vicious poses an immediate threat to
public safety, and the Director so certifies,the City such officer shall ensure order that
the dog is be securely confined either on the premises of the owner or person
controlling the dog, or, if considered necessary to protect the public health, safety and
welfare, at an appropriate animal shelter. The confinement shall continue pending the
City’s determination and the period for requesting a hearing, and if a hearing is
requested, pending the decision of the hearing officer following the hearing as provided
for in Section 5.36.30020.
5.36.320 Notice of hearing.
A hearing date shall be set no later than ten fifteen (150) business days from the date of
receipt of a written request for a hearing certification. The Director hearing officer shall
promptly set a time and place for the hearing and notice of the hearing shall be mailed
or otherwise delivered to the owner or person controlling the dog or other interested
persons., at least five (5) days prior to the date set for hearing, a notice in substantially
the following form:
NOTICE OF HEARING REGARDING VICIOUS DOG
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Ordinance No. _______
of the City of Dublin, the Director has certified there is probable cause to believe your
dog (description) ___________ is vicious.
FURTHER NOTICE IS HEREBY GIVEN that on _____ the ____ day of _______,
20___, at the hour of ___ o’clock in __________ Alameda County, California, the report
of the Director will be considered by the Director together with such other oral and
documentary evidence bearing upon the question of whether your dog is vicious. You
may appear and may present evidence at the hearing.
In the event your dog is found to be vicious 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:__________
Director
5.36.330 Hearing.
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 potentially dangerous or vicious. The hearing officer may uphold,
modify or dismiss the City’s determination on the basis of evidence produced at the
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Attachment 1
Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 6 of 7
hearing. Subsequently, the hearing officer shall give written notice of his or her decision
within fifteen (15) business days of the hearing to the owner. This decision shall be final.
5.36.340 Findings—Deemed public nuisance.
If, based upon the hearing, the Director finds that the dog is vicious he shall so specify
in writing together with the reasons therefor. Any dog found to be vicious is hereby
deemed a public nuisance and shall be, pursuant to the order of the Director, humanely
destroyed or removed from the area, or the nuisance otherwise abated by appropriate
order including, but not limited to, confinement, fencing, muzzling or leashing. The
decision of the Director shall be made within ten (10) days after the conclusion of 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. (Ord. 27-87 § 33)
5.36.345 Appeal.
Any person aggrieved by any decision or action resulting from the hearing may appeal
such decision to the Alameda County Superior Court in the manner set forth in
California Food and Agricultural Code Section 31622. The filing of an appeal shall stay
the decision or action appealed from.
5.36.350 Cost of impoundment.
If the Director finds the dog is potentially dangerous or vicious,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 potentially dangerous or 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 thirty (30) days after the date of mailing or delivery of the
order, the Director may dispose of the dog in any manner provided by law.
5.36.360 Payment of assessment.
The assessment shall be due and payable within twenty thirty (320) days after the date
of mailings or delivery of the order. If the 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 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 assessment.
5.36.365 Fines.
Any violation of this article involving a potentially dangerous dog shall be punished by a
fine not to exceed five hundred dollars ($500). Any violation of this article involving a
vicious dog shall be punished by a fine not to exceed one thousand dollars ($1,000).
Section 3.Severability. The provisions of this Ordinance are severable and if
any provision, clause, sentence, word or part thereof is held illegal, invalid,
unconstitutional, or inapplicable to any person or circumstances, such illegality,
invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the
838
Attachment 1
Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 7 of 7
remaining provisions, clauses, sentences, sections, words or parts thereof of the
ordinance or their applicability to other persons or circumstances.
Section 4.Effective Date. This Ordinance shall take effect and be enforced
thirty (30) days following its final adoption.
Section 5.Posting. The City Clerk of the City of Dublin shall cause this
Ordinance to be posted in at least three (3) public places in the City of Dublin in
accordance with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this __th day of _______ 2021, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
839
Item 8.1:
Introduction of an Ordinance
Amending the DMC Regarding
Potentially Dangerous and
Vicious Dogs
May 18, 2021
840
Background
•Animal Control Field Services are provided by
Alameda County Sheriff’s Office Animal
Control.
–Responsible for the investigation of complaints and
dog bites.
•City is responsible for the Vicious Dog
Determination and Hearing Process:
–Dogs found to be a nuisance may be abated
following a hearing.
841
Current Process
1.Dog bite incident is reported to Animal
Control.
2.Animal Control Officers investigate and
provide an incident report to the City.
3.City reviews the report and decides whether to
hold a hearing to declare a dog “vicious.”
4.City declares a dog "vicious" and imposes
abatement measures.
842
Need to Update Regulations
•Current regulations were adopted in 1987.
•Following a judicial appeal of a Vicious Dog
determination, Staff identified a need for
updates to:
–Add a designation lesser than “Vicious Dog”
–Establish a clear appeals process
–Update the regulations to improve program
administration
–Update terminology
843
Summary of Proposed Changes
844
Updated Designations
Potentially Dangerous Dog Vicious Dog
On two separate occasions within prior
36-month period engages in behavior that
requires a defensive action by any person
to prevent bodily injury when off the
property of the owner or keeper of the
dog.
When unprovoked, inflicts severe injury on
or kills a human being;
Bites a person causing a less severe injury
than what is defined in the ordinance
Killed or caused the death of another
domestic animal
When unprovoked, has seriously bitten,
inflicted injury, or otherwise
caused injury attacking a domestic animal
off the property of the owner or keeper of
the dog.
Previously determined to be a potentially
dangerous dog which, after its owner
has been notified of this determination,
continues to behave in the manner
described in the “potentially dangerous
dog” definition.
845
Determination and Notice Process
•Incidents reported to the City may be
investigated.
–If there is probable cause to believe the dog is
potentially dangerous or vicious, the City will notify
the owner and other relevant parties of the
determination as well as the abatement actions
ordered.
–The Owner will have the right to request a hearing
to appeal the determination. If not requested within
seven (7) days, the City determination will be final.
846
Addition of Appeals Process
•Any person aggrieved by any decision or action
resulting from the hearing may appeal such
decision to the Alameda County Superior Court
in the manner set forth in California Food and
Agricultural Code Section 31622. The filing of
an appeal shall stay the decision or action
resulting from the hearing.
847
Other Administrative Changes
•Time frame to schedule a hearing expanded from 10 to 15 business days.
•Replace the term “Destroy” with “Humane Euthanasia”
•Introduces Fines:
–Violations of the ordinance shall be punished by a fine:
•Potentially Dangerous Dogs: Not to exceed $500
•Vicious Dogs: Not to exceed $1,000
–Violations include failure of the owner of a potentially dangerous or vicious dog to comply with and provide evidence of the appropriate controls and enforcement actions ordered by the City.
848
Next Steps
•The proposed Ordinance will become effective 30 days
following adoption.
•Once effective, Staff will administer the program in
accordance with the updated procedures.
849
Staff Recommendation
Waive the reading and INTRODUCE the
Ordinance Amending Article IV
(Abatement of Vicious Dogs) of Section
5.36 (Animal Control) of the Dublin
Municipal Code Regarding Potentially
Dangerous and Vicious Dogs.
850
Questions?
John Stefanski
Assistant to the City Manager
851