Purpose and intent. Within the City of Madera there are vicious dogs which constitute a public nuisance which should be abated. The provisions of this section 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 section is intended to supplement rather than supplant any other remedy available either under state law or the Madera Municipal Code.
(A) Vicious dog defined. Any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is presumed vicious:
(1) Any dog which, when unprovoked, in an aggressive manner, inflicts a physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery, or any dog which kills a human being; or
(2) Any dog previously determined to be and currently listed as potentially dangerous dog which, after its owner has been notified of this determination, continues the behavior described in § 5-1.23(B).
(B) Potentially dangerous dog defined.
(1) Any dog which when unprovoked, on two separate occasions within the prior 36-month period, engages in 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; or
(2) Any dog, which when unprovoked, bites a person causing a less severe injury than as defined in § 5-1.23(A)(1); or
(3) Any dog, which when unprovoked, on two separate occasions within the prior 36-month period has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.
(C) Investigation. Any incident reported to the Madera Police Department concerning a vicious or potentially dangerous dog may be investigated by the Police Chief, or his/her designee. The investigation may consist of reports of officers made at the time of the incident, or follow-up reports. If, based on the investigation, the Police Chief, or his/her designee concludes that there is probable cause to believe that the dog is vicious or potentially dangerous he shall so certify in writing within ten working days following completion of the investigation to the person owning or controlling the dog. Thereafter a hearing shall be held pursuant to subsections (E), (F) and (G) below.
(D) Confinement of dog. If the Police Chief, or his/her designee certifies that there is probable cause to believe that a dog is potentially dangerous or vicious and a risk to public safety, he may direct any animal control officer, police officer or other authorized employee of the city to enter the yard of any private residence or business in order to seize any such dog, whether running at large or not, and confine said dog at an appropriate animal shelter pending the decision of the Administrative Hearing Officer following the hearing provided for in subsections (E), (F) and (G) below. The cost of said confinement shall be paid by the person owning or controlling such dog. The dog shall not be released until such costs have been paid in full.
(E) Hearing - schedule. A hearing date shall be set not sooner than five, and not later than ten working days from the date of notice of certification and notice of the hearing. The Auxiliary Services Supervisor shall mail or otherwise deliver a notice of the hearing to the owner or person controlling the dog, at least five working days prior to the date set for hearing.
(F) Hearing - procedure. 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. Any owner who fails to appear after proper notice as provided herein was given, without obtaining a continuance from the Auxiliary Services Supervisor or an appointed hearing officer, may be deemed to have waived any right to introduce evidence or object to an order made by the Administrative Hearing Officer.
(G) Hearing - findings; public nuisance. If, based upon the evidence presented at the hearing, the Administrative Hearing Officer upholds the findings of the Auxiliary Services Supervisor that the dog is potentially dangerous or vicious, the Administrative Hearing Officer 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 Administrative Hearing Officer, humanely destroyed, removed from the city, or the nuisance otherwise abated by appropriate order of the Administrative Hearing Officer including, but not limited to, confinement, fencing, muzzling or leashing. The decision of the Administrative Hearing Officer shall be made within ten working days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by certified mail or personally served upon the person owning or controlling the dog.
(H) Cost of impoundment. If the Administrative Hearing Officer finds the dog is potentially dangerous or vicious, the costs of impoundment incurred by the city, including any abatement period, 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 lien 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 30 calendar days after the date of mailing or delivery of the order, the Auxiliary Services Supervisor may dispose of the dog in any manner provided by law, or return the dog and pursue alternative collection procedures. The total amount of the impoundment charges 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, liens or assessments of the city, or an action may be brought in the name of the city to recover the costs of impoundment.
(I) Criminal sanctions. The first violation of any order issued pursuant to subsection (G) above shall constitute an infraction. The second and any further violations within 24 months of the order shall be misdemeanors.
('61 Code, § 5-1.23) (Ord. 254, N.S., passed - - ; Am. Ord. 311 C.S., passed 12-20-87; Am. Ord. 496 C.S., passed 2-4-88; Am. Ord. 686 C.S., passed 7-15-98; Am. Ord. 840 C.S., passed 6-18-08)