HomeMy WebLinkAbout6.1 Vicious Dog Hear AppealCITY CLERK
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 6, 2004
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
Vicious Dog Hearing Appeal
Report Prepared by: Amy Cunningham, Administrative Analyst~[..L.
and John Bakker, Attorney at Law, Meyers, NaVe, Riback, Silver
and Wilson
2.
3.
4.
5.
6.
o
8.
9.
10.:
11.
12.
2.
3.
4.
5.
Animal Control Report - August 2003
Photographs of Injury
Notice of Hearing - September 2003
Hearing Minutes - September 2003
Hearing Findings & Order- September 2003
Memorandum re: Proof of Service of Findings - November
2003
Animal Control Report - November 2003
Notice of Hearing - November 2003
Hearing Minutes - November 2003
He~ing Findings & Order - November 2003
Memorandum re: Proof of Service of Findings - December
2003
Letter of Appeal from the Bischoff Family
FINANCIAL STATEMENT: None
Open public hearing
Receive staff report and public comment
Close public hearing
Deliberate
Determination on appeal
DESCRIPTION:
On September 17, 2003, staff received a report from Alameda County Animal Control regarding a dog
bite incident occurring on August 28, 2003. (Attachment 1.) The report stated that a loose dog, Buddy,
bit a young man while he was riding his bike down the street. After the bite, the dog owner retrieved the
dog and took it back in the house. The victim received three puncture wounds and two surface abrasions
on the right buttock. (Photographs, Attachment 2)
The animal control officer's report recommended that a vicious dog hearing be conducted. Pursuant to
Dublin Municipal Code (DMC) §5.36.320, Notice of Hearing, the hearing was scheduled for September
H/cc-for ms/agdastmt, doc
COPIES TO:
John Bakker
The Bischoff Family
ITEM NO.
24, 2003; and the Hearing Notice (Attachment 3) was mailed to the dog owner via first class mail and
certified mail, return receipt requested. Robert Bischoff, Buddy's owner, signed for the certified notice on
September 19, 2003.
The vicious dog hearing was conducted in accordance with Chapter 5.36 of the Dublin Municipal Code,
on September 24, 2003. Mr. Bischoff failed to appear for the hearing. Based upon information contained
within the Animal Control report, Buddy was declared vicious, pursuant to DMC §5.26.290(A)(1)-(2).
Those sections provide that a dog is presumed vicious when it engages in:
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; and
An attack which results in an injury to a person when such person is conducting himself or herself
peacefully and lawfully.
The hearing director found that Buddy caused the victim to take defensive action by chasing him down the
street, and subsequently injured the victim when he was bit on the buttock. (Minutes, Attachment 4.)
The Findings & Order from the vicious dog hearing were issued on September 25, 2003 (Attachment 5),
with the following restrictions imposed:
The owner was to take adequate precautions to ensure that the dog was only out of the fenced backyard or
residence when on a six (6) foot leash, and under the direct control of a competent adult. The dog owner
was to contact Animal Control for an inspection of the property within 15 days of issuance of the hearing
findings; and make recommended modifications within 50 days of issuance of the findings. The dog was
to attend obedience training with proof of completion provided to the City. The dog owner was to notify
staff if the dog no longer resided in the City, The dog was to be immediately quarantined, and another
hearing conducted, if there was a violation of any hearing finding.
As required by the Dublin Municipal Code, the Findings & Order were mailed via first class mail and
certified mail, return receipt requested, on September 25, 2003. The certified mail copy was returned to
the City of Dublin on October 23, 2003, with the notation that delivery was attempted three times, but
returned to sender as "unclaimed." The code only requires that the findings be certified mailed or
"otherwise delivered" to the owner; it does not require that the mail actually be accepted. In this instance,
the findings were delivered to the dog owner. The first class mail copy was not returned to the City by the
Post Office. Further, an Animal Control Officer personally served the Findings & Order on Robert
Bischoff on November 7, 2003. (Attachment 6)
Despite the hearing findings, the dog owner failed to contain the dog, and the dog continued to exhibit
vicious behavior. On November 7, 2003, Buddy was loose and roaming the City when he was picked up
by Animal Control. Due to a misunderstanding at the shelter, he was returned to his owner on November
8, 2003, without another hearing as required by the Findings & Order. On November 11, 2003, Buddy
was again running loose in violation of the findings and bit a twelve-year-old boy. He was again picked
up by Animal Control and held at the shelter pending another vicious dog heating. The Animal Control
report regarding this bite, received by the City of Dublin on November 21, 2003, recommended that a
vicious dog hearing be conducted. (Attachment 7)
On November 19, 2003, a vicious dog hearing was scheduled for November 25, 2003, to address concerns
that the dog owner did not comply with certain restrictions placed on the dog at the September hearing.
As required by the code, notice of the November 25th, 2003, hearing was mailed to the dog owner via first
class mail, and, in addition, staff sent an additional notice by certified mail, return receipt requested.
(Attachment 8) The first class mail copy has not been returned to the City and the certified mail copy of
the findings was returned to the City of Dublin on December 19, 2003, with the notation that delivery was
attempted two times, but returned to sender as "unclaimed. On the afternoon of November 24, 2003, staff
received a telephone call from Michael Bischoff, the dog owner's father, inquiring about the hearing date
and time. He was advised that the hearing was scheduled for the following day, November 25, 2003, at
9:30 AM.
As scheduled, on November 25, 2003, the vicious dog hearing was conducted in accordance with Chapter
5.36 of the Dublin Municipal Code. Robert Bischoffwas in attendance at this heating. At no time during
the hearing did Robert Bischoff discuss concerns regarding lack of notice for this heating nor did he ask
for a continuation of the hearing in order to prepare. (Attachment 9)
The hearing evidence demonstrated and the hearing officer found that the dog owner was in violation of
the prior hearing findings as he did not contact Animal Control within 15 days of mailing of the hearing
findings to schedule an inspection of the property. The hearing evidence further demonstrated that Buddy
was running loose on both November 7th and November l0th, in violation of the previous hearing findings
that required the owner to ensure that Buddy did not escape from the property. Additionally, the evidence
demonstrated that on November 10th, Buddy bit a twelve-year-old boy while running loose, an attack that
meets the criteria for a finding of viciousness pursuant to the DMC.
Based upon information presented at/he hearing, including testimony from the dog owner and the Animal
Control Officer, and the Animal Control report that was received by the City after this hearing was
scheduled, it was ordered that the dog not be returned to his owner. (Attachment 10)
Before the Hearing Director had even prepared and issued the written order, Mr. Bischoff filed an appeal
in the Superior Court pursuant to provisions in the Food' and Agriculture Code requesting that the dog be
returned. The City objected to the Court's jurisdiction, because the findings had not been issued or
served, and because Mr. Bischoff failed to exhaust his administrative remedies by appealing to the City
Council. The Court, in response to the City's objections, dismissed the appeal.
On December 1, 2003, at the court hearing on the appeal, the Findings & Order from the November 25,
2003, heating Were personally served on Robert Bischoff. (Attachment 11) The findings were also
mailed to Mr. Bischoff.
Pursuant to Dublin Municipal Code §5.36.080, the Bischoff Family appealed the Hearing Director's
determination (Attachment 12) on the following grounds:
1. Improper Service of Hearings
2. Cover-Up of Proof of Service by City and County Employees
The Bischoff family has presented no evidence to the City to support the grounds for their appeal.
All notices were completed as required by Dublin Municipal Code Chapter 5.36, Animal Control. DMC
§5.36.320, Notice of Hearing, specifies that a hearing date shall be set no later than ten (10) calendar days
from the date the Hearing Director has concluded that there is probable cause to believe that the dog is
vicious. The Director shall "mail or otherwise deliver" the hearing notice to the owner or person
controlling the dog or other interested persons, at least five (5) calendar days prior to the date set for
hearing. The City's procedure for noticing the dog owner of the hearing date is to send the notice: (1) by
first class mail, with a proof of service on file signed under penalty of perjury by the hearing secretary;
and, although it is not specifically required by the code, (2) by certified mail, return receipt requested.
The notice of the first hearing was mailed September 17, 2003, seven (7) days prior to the heating date of
September 24, 2003. The notice of the second hearing was mailed November 19, 2003, six (6) days prior
to the hearing date of November 25, 2003. Thus, the City provided the required notice to Mr. Bischoff.
In addition, the Bischoffs clearly had actual notice of the November 25, 2003, heating, since Michael
Bischofftelephoned the Hearing Director the day prior to the hearing and inquired of the date and time.
With regard to the notice of the issuance of the findings, DMC §5.36.340 specifies that the decision is to
be made in writing within ten (10) calendar days of conclusion of the hearing. A copy.of the decision is to
be sent by "certified mail or otherwise delivered" to the person owning or controlling the dog. The City's
procedure for notifying the dog owner of the decision is to send the notice: (1) by first class mail, with a
proof of service on file signed under penalty of perjury by the hearing secretary; and (2) by certified mail,
return receipt requested. The Findings & Order from the first hearing conducted September 24th were
mailed September 25, 2003, the day after the hearing. The Findings & Order from the second hearing
conducted November 25th were mailed December 1, 2003, six (6) days after the hearing was conducted.
In addition to mailing as outlined above, the Findings and Orders from both hearings were personally
served on the dog owner.
The findings issued as a result of these incidents are consistent with past findings and appropriate for the
circumstances. Within less than three months, the dog, Buddy, has escaped from the owner's home or
fenced yard on three documented occasions. On two of those occasions the dog has attacked and bitten
people resulting in injuries. The dog owner's negligence has led to these circumstances. After the August
bite incident, the dog owner, despite being provided with an opportunity, failed to comply with the
conditions established at the September hearing to ensure that the dog is adequately contained in the home
and/or yard. The dog's subsequent escapes from the property and second bite incident demonstrate that
the dog owner has not taken preventative steps to protect the community, and that leaving Buddy in the
care and control of the dog owner poses a serious threat to the community's safety.
RECOMMENDATION:
Staff recommends that the City Council conduct the Public Hearing, obtain any necessary information
from concerned parties, deliberate and determine whether or not the findings and determination of the
November 25, 2003, hearing should be upheld. If the City Council determines that said findings and
determination should not be upheld, the City Council will need to issue alternate findings regarding the
merits of the appeal and determine whether other restrictions should be imposed, or actions taken.
ALAMEDA CO UNTY SHERIFF'S u~-'FICE
Type of Report: Bite
Date'of Report: 09 t 103
Reporting Officer
FIELD' SER VICES
gow1Tlall
DetailNumber: '152
Incident Date: 082803
Page 1 of 2
Owner Bischoff
Victim
Last Name
7609 Landale Ave
Robe~ -M 043085
First Name MI DOB
Dublin
Address
925-828-1186
Home Telephone:
Carrillo-Zuniga
Last Name
Address
City
Work Telephone:
Home Telephone:
18
Age
94568
Jack
ZIP
First Name MI DOB
Dublin
19
Age
94568
city
Work Telephone:
Guardian/
Witness
Witness
Last Name
Address
Home Telephone
Last Name
Address
Home Telephone:
First Name MI DOB
City
~ %~ J2~ .[ V .~.~} Work Telephone
SEP ~ ?
Fi~s~J~'~ ,POLIOE SIERViC EsMI DOB
city
Work Telephone:
Age
ZIP
ZIP
-Animal: Dog
Color: Black and Tan
Age: 2 years
Name: Buddy
License No. None
Quarantined At' Expired
Vicious Dog Hearing Recommendation
Breed:
Sex:
Weight:
Rabies Tag No.
City:
Master Sheet No.
X Yes No
-Rottwieler
Male
95 lbs.
Unknown
Dublin
None
Field Services Bite Form
ATTACHI~IENT 1
Page 2. of 2
Approximately 1100 hours, 090903, I recei.ved a report.of a dog bite incident from Dublin's Administrative
Analyst, Amy Cunningham. I initiated' detail 152.
At 1355 hours, I made phone contact with Carrillo-Zuniga and he stated the following:
On 080803 at approximately 1445 hours, a Rottwieler bit-me. I was riding my bike doWn Landale Ave when I
saw ahead of me a dog run across the street. When I got closer the.dog was following me. These girls were
trying to get the dog so I turned around so the dog would follow me toward the girls. The dog started to growl
so I stopped and put my bike between the dog and me. The dogkept trying to get around the bike to get to me
so I kept jockeying around to.keep the bike between the dog and me. The girls tq!d me the dog was friendly. I
let my guard down and dog came around and b_~t ~e. I pinked up my bike and r~"around until the girls came
over and lried to get the dog. The dog owner then came out and yelled at the girls to get the dog. He then ran
over, got the dog and slapped it a couple of times as he took it home.
Carrillo-Zuniga received the following injuries: 3 punctures and 2 surface abrasions to right butt cheek
On 091103 at 1535 hours, I made phone contact ~vith Bischoff and he stated the following:
As my girlfriend was leaving out the. front door my dog, Buddy, forced his way past her to get out. I was
outside headed toward Buddy when I saw this kid dancing around his bike to keep the dog away from him. I
saw Buddy bite the kid. I think Buddy was just playing. The kid said he was okay. Buddy knew he was in
trouble when I got to him. He Was laying down in a submissive manner.
I could not Verify if BisChoff dog was current on rabies. The dog was not quarantined due to time lapsed.
Bischoffwas issued a Warning for Biting or Attacking, Dog.at Large and given-ten days to license his dog.
A records check revealed no prior offenses.
I recommend a vicious dog hearing.
Officer Bowman
CT:
VCO:
Q/R:
(L
RABIES' CONTROL INVESTIGATION REPORT
ALAMEDA COUNTY HEALTH CARE 'SERVICES AGENCY
ENVIRONMENTAL HEALTH VECTOR CONTROL SERVICES DISTRICT
Forward yellow copy.& q uarantine notice within 48 hours to Vector Control District
'Repo~ #
MS#
NAME ('FIRST) (LAST)
PERSON
BITTEN
LOCATION
OF
INCIDENT
DESCRIPTION
AND
LOCATION
OF
ANIMAL
INITIAL REPORT
PREPARED BY
ADDRESS: NUMBER STREET CITY
CIRCUMSTANCES OF BIT~
ZIP CODE
WORK~
LOCATION OF WOUNDS
X e-~-¢' ~ uTT c_H~K
DATE OF BITE I /~%RE~'~I~ NUMBER STREET. CITY ZIP CODE
WAS TREATMENT GIVENTO VICTIM? ~ NO tF NO. DtDYOU ADVISE VICTIM TO SEEK TREATMENT? _. YES
NAME OF PHYSICIAN OR HOSPITAL ~ ~L~L-~?_.""¢ ~--.'~- ~ TELEPHONE NUMBER
NO
DESCRIPTION OF ANIMAL
OWNER OF
ADDRESS: NUMBER. STREET
CITY ZIP CODE
WORK~
AN MAL NOW UNDER QUARANTINE? YES
LOCATION ANIMAL SHELTER ~ KENNEL
VETERINARY HOSPITAL ~ OWNER'S PREMISES
ADDRESS
TELEPHONE
NAME/TITLE ,, TELEPHONE NO
SOL(RCE tF DIFFEREI'~' NAME '
THAN VICTIM OR OWNER
TYPE OF BITING ANIMAL:
DOMESTIC~ STRAY CAT OTHER
WILD: SKUNK BAT OTHER
AGE
COMPLETE THEFOLLOWING
LESSTHAN FOUR MONTHS
FOUR MONTHS AND OLDER
NOT KNOWN
CURRENTLY LICENSE,~,~.~
- YES ~
LICENSE No.
NOT KNOWN
VACCINATED BEFORE BITE:
YES NO
DATE OF VACCINATION
ADDRESS
DATE
TELEPHONE NO.
DATE DATE
RECEIVED CLOSED.
ANIMAL CHECK FOR
PROPER ISOLATION? YES DATE
RELEASED FROM QUARANTINE B~
ANIMAL: DIED? YES DATE
KILLED? '~'ES DATE
DISPOSITION UNKNOWN? []
VICTIM NOTIFIED:YES DATE
WRITTEN
VERBAL
CASE
CLOSED BY
NO
DATE
NO
NO
NO
HEAD SENT TO LABORATORY:
YES DATE
NO DATE
RESULTS
POSITIVE []
NEGATIVE []
INCONCLUSIVE []
REPORT RECEIVED
WITHIN 48 HOURS OF ATTACK:
YES NO
STRAY RECOVERED:
YES NO NOT STRAY
VICTIM GIVEN ANTI-RABIES TREATMENT:
YES NO NOT KNOWN
COMPLETE THE FOLLOWING
VACCINATED AFTER BITE:
YES NO NOT KNOWN
IF YES. WHEN:
LICENSED AFTER BITE:
YES NO NOT KNOWN
IF YES. WHEN:
FORWARD YELLOW COPY & QUARANTINE NOTICE TO:
COMMENTS:
Alameda County
Vector Control Services'District
1131 Harbor Bay Parkway, Ste. 166
Alameda, CA 94502-6577
400-WD-1 (Rev. 10/981
ATTACHlVIENT 2
CITY OF DUBLIN
RO. Box 2340, Dublin, California 94568 o Ciiy Offices, 100 Civic Pt'az& Dublin. California 94568
September 17, 2003
Robert Bischoff
7609 Landale Ave.,
Dublin; CA.94568
CERTIFIED MAIL: 7001 1140 0002 8354 2626
NOTICE OF HEARING REGARDING VICIOUS DOG
NOTICE IS HEREBY GIVEN that pursuant to the provisions of 5.36 of the Dublin
Municipal Code, the Director/Designee has certified there is probable came to believe
your dog, Buddy was involved, in a dog bite incident which occurred on August 28; 2003.
The final report was certified and received by the. City on September 17, 2003.
FURTHER NOTICE. IS HEREBY GI;v'EN that'September' 24, 2003 ar the hour. of 3:00'
p.m. at,,the Dublin Civic Center, 100 Civic Plaza, Dublin, Alameda County, California,
the report from Alameda COunty Animal Control will be considered by the -
Director/Designee together with such other oral and documentary evidence bearing upon
the question.of whether further .restrictions are required:to abate this public nuisance.
You'may appear and may present evidence at the hearing~
Please go to the City Manager's'Office on the Second .floor where you will be directed to
the appropriate conference r6om ........ -
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 again,qt you.
Amy'~aningham ' .
Director/Designee
CC: ~
Tony .Owens, Alameda County Animal Control
JaclC C .arrillo-Zuniga
PSR/Iss c:animal/doghearing/
ATTACHMENT 3
Administration (925)833-6650 - City Council (925)83~-6605- F, inance (925)833-6640 · Building inspection (925)83.3-6620
Code Enforcement (925) 833-6620 · Engineering (925) 833-6630 · Parks & Commtin'ity Services (925) 833-6645
Economic Development {925} 833-6650 o Police (925)839-6670 - PubtioWorks (925')833-6630
CommUnity Development (925) 833-66i 0 * Fire Prevention Bureau (925/833-6606
PROOF OF SERVICE BY MAIL
(CCP Section 1013(a) - 2015.5)
I am employed in the.County of Alameda,
State of California.
I am over the age of 18 years
and not a party to the within action;
my business address is 100 Civic Plaza,
Dublin, CA 94568.
On September 17, 2003 I served the attached
NOTICE OF VICIOUS DOG HEARING
on the parties to said action by placing a
tree copy thereof in a sealed enVelope, addressed as follows:
Robert Bischoff
7609 Landale Ave.,
Dublin, CA 94568
BY MAIL, I placed such sealed envelope, with postage thereon fully prepaid for firsT-
class mail, for collection and mailing at City of Dublin, Dublin, California, following
ordinary business practices. I am readily familiar with the practice of the City of Dublin
for collection and processing of correspondence, said practice being that in the ordinary
course of business, correspondence is deposited in the United States Postal Service the
same day as it is placed for collection.
I declare under penalty of perjury
Under the laws of the State of California their the
foregoing is true and correct.
Executed ar Dublin, California, on September 17, 2003
[] D.,D
MINUTES
VICIOUS DOG HEARING
Dog: Buddy
Owner: Robert Bischoff
Victim: Jack Carrillo-ZUniga
Date.of Incident: 8/28/03
Date of Hearing: 9/24/03
Present:
Amy Cunningham, 100 Civic Plaza, Dublin
Deena Hambleton, 100'Civic Plaza, Dublin
Amy Cunningham opened the hearing. It was noted that the owner of the dog wasnot
present at this heating.
She then reviewed the report presented by Animal Control (detail #152), and declared the
dog to be vicious according to the City of Dublin Mun. Codes 5.36.290 (A) (1) and (2),
and placed the following restrictions on "Buddy:
The owner shall take adequate precautions to ensure that the dog is only out of the fenced
backyard or residence when on a 6 foot leash, and under the direct control of a Competent
adult. At no time shall "Buddy" be tethered.
The owner shall contact Animal Control for an inspection °fthe fences, gates, and
exterior doors at the residence. 'The inspection is to be scheduled within 15 days of
mail!ng~o f~the~findings, with~the_inspection completed 30~days of the-maitingdate:~ Any ...............
repairs or modifications suggested by Animal Control will be completed at the o ~wner's
expense within 30 days of mailing of the findings.
Robert Bisch0ff is to enroll "Buddy" in certified obedience training which will be
completed within 90 days of the mailing date of the findings. Proof of completion is
required within 10 days of course completion. If"Buddy" has had previous obedience
training, proof must be supplied within 10 days of the mailing date of the findings.
The owner must notify Ms. Cunningham within 10 days if the dog no longer resides
within the city limits.
If"Buddy" is foUnd to be in violation of any of these restrictions, Animal Control will
immediately quarantine the dog Until a hearing is conducted.
Any violation ofthe~e conditions shall be cause to.conduct another hearing.
ATTACHMENT
Although it is not required, Ms. Cunningham recommended that the owner obtain or
maintain owner/renter's insurance showing personal liability prOtection that covers dog
bites or attacks.
Ms. Cunningham closed the meeting.
'Respectfully,
Deena Hambleton, Secretary
VICIOUS DOG HEARING SIGN IN SHEET
Owner: Robert Bischoff
Dog: Buddy
Date of Incident: 08/28/03
Date of Hearing: 09/24/03
Time: '3:00 p.m.
PLEASE SIGN IN BELOW
Please Print Your Name
Please Sign Your Name
CITY OF DUBLIN
'Of:) C:ivic Plaza. Dublin California 94568
12.
Welasite: htl D ://www.ci.dublin.ca.us
DATE: September 25, 2003
Robert Bisch6ff
7609 Landale Ave.,
Dublin, CA 94568
Dear Mr. Bischoff:
CERTIFIED MAIL: 7001 1140 0002 8354 2602
Re: Transmittal of Violation of Vicious Dog Hearing Findings
On September 24, 2003, the City of Dublin conducted a vicious dog hearing in
accordance with the Municipal Code and the notice previously mailed to you. It was
noted that you were not present at this hearing. Enclosed are the Vicious Dog Hearing
Findings involving your dog.
Please note that restrictions have been placed on your dog. You should take all steps to
ensure that you comply with the restrictions. Failure to comply with these restrictions
will constitute a misdemeanor (Mun. Code Section 1.04.030)~ By refusing to cooperate,
the owner is subject to criminal penalties, including imprisonment in the County 'Jail for
up to six months, or a fine up to $1,000, or both.
If you have any questions, please feel free to contact this office. Your cooperation in this
matter is appreciated.
Sincerely,
Amy Cunningham
Administrative Analyst
cc: Tony Owens, Department of Field Services, Alameda County Animal Control
Jack Carrillo-Zuniga
ATTACHMENT 5
Area. Code~ (925) · City Manager 833-6650 · City Council 833-6650 · Personnel 833-6605 - Economic Development 833-6650
Finance 833-6640 - Public Works/Engineering 833-6630 · Parks & Community Services 833-6645 · Police 833-6670
Planning/Code Enforcement 833-6610 - Building Insr)ection 833-6620 - Fire Prevention Bureau 833-6606
Printed on Recycled Paper
(
CITY OF DUBLIN
100 Civic :taza, Dublin. California 94568
Webs~te: htt p://www, ci.dublin. Ca. LIS
FINDINGS and .ORDER
VICIOUS DOG HEARING
Dog: Buddy
Owner: Robert Bischoff
Victim: Jack Carrillo-Zuniga
Date of Incident: 08/28/03
Date of Hearing: 09/24/03
WHEREAS,'a.hearing in accordance with Dublin Municipal Code (DMC) Section 5.36
.was conducted on September 24, 2003; and
WHEREAS, the Owner of the dog was not present at the hearing; and
ViI-IEREAS, based on the evidence presented at the heating, the hearing officer found
that, on August-28, 2003, Jack Carrillo-Zuniga was attacked and bitten by "Buddy"; and
WHEREAS, in accordance with DMC Section 5.36.290(A)(1) and (2), a 'dog is
presumed vicious when:
"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;" and
"An attack which results in an injury to a person when such person is conducting
himself or herself peacefully and lawfully;" and
ViHEREAS, based Upon the information presented at the hearing, the dog was declared
vicious in accordance with the Municipal Code.
NOW, THEREFORE, in accordance with Section 5.36.340 of the Dublin Municipal
Code, the following restrictions are imposed ,to address this nuisance:
The owner shall take adequate precautions to ensure that the dog is only out of the
fenced backyard or residence when on a six (6) foot leash, and under the direct
control of a competent.adult. At no time shall "Buddy". be chained or tethered.
The owner shall contact Animal Control at 925-803-7040 for an inspection of the
fences, gates, and exterior doors. This inspection is to be scheduled within 15 days
of mailing of the hearing findings, with the inspection to be completed within 30
days of mailing of the hearing findings. Any repairs or modifications suggested by
Animal Control at or after the inspection shall be completed at the owner's expense
ACea Code f925~ · City Manager 833-6650 - City Council 833-6650 · Personnel 833-6605 - Economic Development 833-6650
Finance 833-6640 - Public Works/Pngineenng 833-6630 · P~rks & Community Services 833-.6645 · Police 833-6670
Planning/Code Enforcement 833-6610 - Building Inspection 833~6620 · Fire Prevem~on Bureau 833-6606
Printed on Reqycled F'aDer
within-50 days of. mailing ofthe hearing findings.
The owner shall enroll "Buddy". in certified obedience training which shall be
completed within 90 days of mailing,of the hearing findings. Proof shall be supplied
within 10 days of completion of the course.' If"Buddy" has had previous obedience
training, proof of completion shall be supplied within 10 days of mailing of the
heating findings.
4. The owner must notify the City .of Dublin', s Director/Designee within 10 days if the
dog no longer resides within the city limits.
If"Buddy" is found to be in violation of any of the restrictions contained' in these
findings, Animal' Control shall immediately quarantine the dog until a hearing is
conducted.
6. Any violation of these conditions: may be cause to conduct another heating to
determine whether further restrictions are required.
7, In accordance with Section 5.36.340, this decision shall be final.
Signed: " /~
Amy ~/un~ingham~Director/Designee
Note: While the following action is not required, it is recommended:
The owner should obtain or maintain owner/renter's insurance showing personal liability
protection that covers dog bites or attacks.
PROOF OF SERVICE BY MAIL
(CCP' Section 1013 (a) - 2015..5)
I am employed in the County of Alameda,
State of Califomia.
I am over the age of 18 years
and not a party to the within action;
my business address is 100 Civic Plaza,
Dublin, CA 94568.
On September 25, 2003 I served the attached
NOTICE OF VICIOUS DOG HEARING FINDINGS
on the parties to said action byplacing a
true copy thereof in a sealed envelope, addressed as follows:
Robert Bischoff
7609 Landale Ave.,
Dublin, CA 94568
BY MAIL, I placed such sealed envelope, with postage thereon fully prepaid for first-
class mail, for collection and mailing at City of Dublin, Dublin, California, following
ordinary'business practices. I am readily familiar with the practice of the City of Dublin
for collection and processing of correspondence, said practice being that in the ordinary
course of business, correspondence is deposited in the United States Postal Service the
same day as it is placed for collection.
I declare under penalty of perjury
under the laws of the State of California that the
foregoing is true and correct.
Executed at Dublin, California, on September 25, 2003
[] [] []
Alameda
_ ounty nc,,tr s
FI]~LD SERVICES, 4595 GLBASON DRIVE, DUBLIN, CA 94568
(925) 803-7040 · FAX (925) 803-704-4
CHARt,ES C. PLUMMER. SHERI Fir
MARSltAL - t3ORONER - PUBLIC ADMINISTRATOR
DIRE43TOR OF EMEROENGY SERVICE8
MEM.O RAND UM
.. t~.d. UUI
Date:
From:
To:
Nov 21, 2003
T. Scheibner; Sheriff's Technician, Alameda County Anita21 Control Officer
Amy Cunningham, Admini.trative Analyst
Subj: Serving Vicious Dog Hearing -Papers
Per ourreuesta roxmaatel i7 f~~ '
Y q , pp ' y 30 ho~r.~, 11-7-03,J delivered papers regarding a Vicious Dog
Hearing to Robert Bischo~ at his residence,~W609~dale Avenue, Dublin, CA' 94568.
ATTACHMENT 6
NOU-24-B003 10:~4 TEL)gBSBB3787B ID)CITY OF DUBLIN PD PAGE:001 R=100x
Type of Report:
Date of Report:
'Reporting Officer
ALA~2._ DA
-CO UNTY SHERIFF-'~' ~,
FIELD SER VICES
'FICE
Bite
November 15, 2003
G.F. Potstada III #69
Detail Number:
Incident Date:
Page 1 of 2
158
November 10, 2003
Owner Bischoff
Last Name
7609 Landale AYe
Robert
First Name
Address
925-828-1186
Home TelePhone:
04-30-85
MI DOB
Dublin
City
Work Telephone:
18
Age
94568
ZIP
Victim
Banks
Last Name
Address
Home Telephone:
Darryl
First Name
MI
Dublin
DOB
12
Age
94568
ZIP
City
N/A
Work Telephone:
Guardian
Witness
Banks
Last Name
Address
Home Telephone
Last'Name
Address
Kowana
.First Name
MI DOB
Dublin
35
Age
94568
zip
Work Telephone
First Name
MI DOB
Age
ZIP
City
Home Telephone:
Work Telephone:
Animal: Canine
Color: Black & Tan
Age: 2 years
Name: Buddy
License No. None
Quarantined At
East County Animal Shelter
Breed:
Sex:
Weight:
Rabies Tag No.
City:
Master Sheet No.
Rottweiler
Male
95 lbs.
· Current Exp. 07-12-06
Dublin
F39364
Vicious Dog Hearing Recommendation
X Yes
No
Field Services Bite Form
ATTACHMENT 7
( Page 2 of 2
On 11-10-03 Animal Control Officer T. Scheibner responded to detail # 158 at 'the request of Dublin Police
Services regarding a contained dog in at 7678 Ironwood Drive in DUblin.-Officer Scheibner picked up the dog
and brought it to the East County Animal Shelter. Officer Scheibner stated that Dublin Police had responded to
a call earlier inthe day regarding a dog 'chasing children in the area. Dublin Police SerVices had responded to
the call and Deputy J. Del Rio #1156 with the assistance of the homeowner at 7678 Ironwood Drive were able
to confine the dogin the backyard of that address until Officer Scheibner was able to pick the dog up at 1740
hours.
Scheibner indicated to me that there might have been a bite involved with this dog, but was unable to obtain any
further information at the time. Scheibner also pointed out that'the dog had recently been in the East County
Animal Shelter the previous week. I also recognized the dog fi.om having been in the shelter a few days earlier.
A records check revealed that the dog "Buddy" had been taken into the shelter as a stray on }1-07-03 and
redeemed by its owner, Robert Bischoff on 11-08-03.
On 11-12-03 I received a call from Deputy J. Del Rio informing me that the dog did in fact bite a child that day.
Del Rio provided me with the name, address, and telephone number. I Contacted Kowana Banks, mother of Bite
victim DarryI Banks. Banks stated that Darryl and some of his friends were playing basketball at another friends
house at 7666 Ironwood Drive in Dublin when the dog showed up. Banks said that Darryl and his friends were
playing with the dog when the bite occurred. Darryl received one long puncture wound to the lower fight side of
his back. Darryl was treated for his injuries at St. Rose hospital in Hayward. Banks aisc stated that she believed
the .bite to be as a result of play, not aggression on the part of the dog.
On 11-13-03 about 14'00 hours I was at the East .County Animal Shelter in Dublin when the dog owner's father,
Michael Bischoff, of the same address, came into the shelter to. check on "Buddy". I cited Bischoff for the
following violations of Dublin Municipal Code:
5.36.220 Dog at Large
5.36.270 Biting or Attacking
A further records check revealed that "Buddy" had a previous Dog Bite on record from 08-28-03 and a Vicious
Dog Hearing on 09-24-03. "Budd~~' is currently under 1 O-day bite quarantine at the East County Animal
Shelter.
I recommend a Vicious Dog Hearing.
George F. Potstada 1II #69
Animal Control Officer
Alameda County Sheriff~s Office
CT:
VCO:
Q/R:
PERSON
BITTEN
RABIES CONTROL INVESTIGATION REPORT
ALAMEDA COUNTY/-/EALTH CARE SERVICES AGENCY
ENVIRONMENTAL HEALTH VECTOR CONTROL SERVICES DISTRICT
Forward yellow copy & quarantine notice within 48 hours to Vector Control District
L
.~E (F~RST)
¥'--~E ' - -'?' :'-~
MS¢
(LAST~ I
A E/2-
CITY
HOMEt ~.~-,:~,,... ~ - .. =' .
WORK~
LOCATION
OF
INCIDENT
DESCRIPTION
AND
LOCATION
OF
ANIMAL
DATE OF SITE '1 ADDRESS: NUMBER
WAS TREATMENT G VEN TO VI 0TIM? ~ NO
,CATION OF WOUNDS
STREET CITY
ZIP CODE
NAME OF PHYSICIAN OR HOSPITAL O~c~ t F"I"(" --
IF NO. DID YOU ADVISE VICTIM TO SEEK TREATMENT? YES NO
TELEPHONE NUMBER
DESCRIPTION OF ANIMAL
OWNER
ANIMAL O~~_~_ '~/~" ~'/-¢'~ ,,~.~
TYPE OF BITING ANIMAL:
DOMESTIC:
OWNED
WILD: SKUNK
CAT
STRAY
BAT
COMPLETE THE FOLLOWING
ADDRESS: NUMBER_*
7L og
OTHER
OTHER
CITY ZIP CODE TELEPHONE NO.
HOME#
ANIMAL NOW UNDER QUARANTINE? (~ NO
LOCATION ANIMAL SHELTER ¢ ~C~,g~' KENNEL #
VETERINARY HOSPITAL [] OWNER'S PREMISES []
TELEPHONE
AGE O LESS THAN FOUR MONTHS
· FOUR MONTHS AND OLDER
° NOT KNOWN
CURRENTLY LICENSED:
YES NO NOT KNOWN
LICENSE NO. ~. '<:~5 - ¢~
VACCINATE~OR E .BITE:
~ NO NOT KNOWN
DATE OF VACCINATION //t- J'~ 3
NAME ADDRESS
- DATE
DATE DATE
RECEIVED CLOSED-
ANIMAL CHECK FOR
PROPER ISOLATION? YES DATE
RELEASED FROM QUARANTINE BY
ANIMAL; DIED? YES DATE.
KILLED? YES DATE
DISPOSITION UNKNOWN? []
VICTIM NOTIFIED:YES DATE
WRITTEN
VERBAL
CASE
CLOSED BY
NO
DATE
NO
NO
NO
FORWARD YELLOW COPY & QUARANTI NE NOTICE TO:
COMMENTS:
TELEPHONE 'NO.
HEAD SENT TO LABORATORY:
YES DATE
NO DATE
RESULTS
POSITIVE -[]
NEGATIVE []
INCONCLUSIVE []
REPORT RECEIVED
WITHIN 48 HOURS OF ATTACK:
YES NO
STRAY RECOVERED:
YES NO NOT STRAY
VICTIM GIVEN ANTI-RABIESTREATMENT:
YES NO NOT KNOWN
COMPLETE THE FOLLOWING
VACCINATED AFTER BITE:
YES NO NOT KNOWN
IF YES. WHEN:
LICENSED AFTER BITE:
YES NO NOT KNOWN
IF YES, WHEN:
Alameda County
Vector Control Services District
1131 Harbor Bay Parkway, Ste. 166
Alameda, CA 94502-6577
OF DUBLIN
100 Civic Plaza. Dublin. California 94 568
Webs~e: http://www.ci.dublin, ca.us
November 19, 2003
Robert Bischoff
7609 Landale Ave.,
Dublin, CA 94568
Dear Mr. Bischoff: '
CERTIFIED MAIL: 70.01 'I 140 0002 8354 1797
The purpose of this letter is to inform you that you are in violation of the Vicious Dog Findings
dated September 24, 2003. You have not complied with restriction #1, "The owner shall,take
adequate precautions to ensure that the dog is only out of the fenced backyard when on a six (6)
foot leash, and Under the direct control of a competent adult. At'no time shall Buddy be chained
or.tethered." You have also not complied with restriction #2, "The owner shall contact Animal
Control at 925-803-7040 for an inspection of the fences, gates, and eXterior doors. This
inspection is to be scheduled within 15 days of mailing of the hearing findings, with the
inspection to be completed within 30 days of mailing Of the heating findings. Any repairs or:
modifications suggested by Animal Control shall be completed at the owner's expense within 50
days of mailing of the hearing findings."
For your reference, I have enclosed a copy Of the Vicious Dog Hearing Findings that were
mailed to you on,September 24, 200'3.
In accordance with fmding #5, violation of any condition maybe cause to conduct another
hearing. This is to inform you that a new hearing has been Scheduled for November 25, 2003, at
9:30 a.m. at Dublin Police Services, 100 Civic Plaza, Dublin, Alameda County, California.
Please gothe front counter at Dublin.Police Services where you will be directed to the
appropri.a_te~c, onferencexoom.
Your cooperation in this matter is 'greatly appreciated.
Sincerely, ~'
Amy Cunningham
Administrative Analyst
cc: Tony Omens, Dept. Field Services, Alameda County Animal Control
Kowana Banks, Parent/Guardian of Darryl Banks
ATTACHlVIENT 8
'Area Coco (925) · City Manager 833-6650 · City Council 833-6650 · Personnel 833-6605 - Economic Development 833-6650
Finance 833-6640 · Public Works/Engbneering 833-6630 · Parks & Community Services 833-664.5 · Police 833-6670
Planning/Code Enforcement 833-6613 , Building Inspection 833-6620 - Fire Prevention Bureau 833-6606
Printed on Recycled Pa'~)er
PROOF OF SERVICE BY MAIL
(CCP Section 1013(a)- 2015.5)
am employed in the County of Alameda,
State of California.
.I am over the age of 18 years
and not a party to the within'action;
my business address is 100 Civic Plaza,
Dublin, CA 94568.
On November 19, 2003 I served the attached
NOTICE OF VIOLATION OF VICIOUS DOG HEARING FINDINGS
on the parties to said action by placing a
tree copy thereof in a sealed envelope,, addressed as follows:
Robert Bischoff
7609 Landale Ave.,
Dublin, CA 94568
BY MAIL, I placed such sealed envelope, with postage thereon 'fully prepaid for first-
class mail, for collection and mailing at city of Dublin, Dublin, California, following
ordinary business practices. I am readily familiar with the practice of the City of Dublin
for collection and processing of-correspondence, said practice being that in the ordinary
course of business,_co~espondenceis~deposited_in_the-UnitedSmtes--Postat-Service~the
same day as it is placed for collection.
I declare under penalty of perjury
under the laws of the State of California that the
foregoing is tree and correct.
Executed. at Dublin, California, on November 19, 2003
7001 1140 0002 8354 1797
· Complete items 1, 2, and 3. Aisc complete
item 4 if Restricted Delivery is desired.
· Pdnt your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
PS Form 381 1, July 1999
B. Date of Delivery
C. Signature
[] Agent
X [] Adctressee
D. Is delivery address different from item 17 [] Yes
If YES. enter delivery address below: [~0
3. Service Type
~LCertified Mail [] Express rvlail
[] Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
Article Number (Copy from servic¢ I~el~
- crot t o ooo
Domestic Return Receipt
102595-00-M-0952
MINUTES
VICIOUS DOG HEARING
Dog: Buddy
Owner: Robert Bischoff
Date of Incident: 11/10/03
Date of Hearing: 11/25/03
Present:
Amy Cunningham, 100 Civic Plaza, Dublin
Deena Hambleton, 100 Civic Plaza, Dublin
George Potstada, 4595 Gleason Drive, Dublin
Robert Bischoff, 7609 Landale Avenue,Dublin
Adam Clifford, 6638 Hemlock Street, Dublin
Amy Cunningham opened the hearing by explaining the rules of conduct and procedures
for this hearing and remedies available to abate any nuisance (leaSh law compliance to
humane destruction of the dog).
It was noted that this hearing is being conducted to address the .violation of f'mdings from
the previous vicious dog hearing that was held on September 24, 2003. She then advised
that Animal Control had provided additional information after this hearing was scheduled
that would be considered.
The additional information summarized in Animal Control Detail #158 was Presented to
those in attendance and attendees were then asked if they had any additional information
to submit. It was noted that one of the incidents o_uflined/n_thisreport_irrvol_w~og
bite to a child when the dog was loose, as well as another incident in which the dog was
loose in violation of the previous hearing findings.
Ms. Cunningham mentioned that Robert Bischoff did not attend thefirst hearing. Mr.
Bischoff stated that he was not notified. Ms. Cunningham told him that he signed the
certified mail card for the hearing notice. The signed card is in file. She also stated that
the findings from this first hearing were hand delivered to Mr. Bischoffby Animal
Control Officer Tom Scheibner. A memo from Officer Scheibner that reflects this
service is in file.
Ms. Cunningham asked Animal Control Officer Potstada if"Buddy" was still at the
shelter. Officer Potstada stated that the dog was still there, and still unlicensed.
Ms. Cunningham stated that this incident was the second documented time that "Buddy"
was running loose since the first hearing, and the second time he bit a child. She
explained againthat Robert Bischoffwas in violation of the first hearing findings. She
ATTACHMENT 9
stated that the dog has not been adequately contained, and Animal Control has not been
contacted to do a property inspection to ensure'that the dog can be adequately contained.
Robert stated that "Buddy" is not a vicious dog. He also said that his dog keeps getting
out because he can jump over the fence. Robert insisted thathe did not know before that
"Buddy" was capable of jumping over the fence. Ms. Cunningham stated that "Buddy"
was declared a vicious dog at the previous hearing. She also stated that when'Robert
knew that "Buddy" could get out of the backyard, he still declined to take any action to
adequately contain his dog. She also mentioned that given his recent behavior, "Buddy"
poses a public.health risk.
Robert asked if he could get his dog returned .to him. Ms. Cunningham told him that the
dog would remain at the shelter. Robert asked what would happen to "Buddy." Ms
Cunningham told him that Animal Control staff would evaluate "Buddy" for potential
adoption, or placement with a ~escue group. Robert asked again if he could get his dog
released to him. Ms. Cunningham again stated that the dog would stay at the shelter, and
would not be released to him or any member of his family.
Finally, Robert asked if he could "adopt him back", and Ms. Cunningham said "no."
Robert was advised he would receive a written copy of the findings via mail.
Ms. Cunningham closed the meeting.
Respectfully,
Deena Hambleton, Secretary
Note: Animal Control Officer Potstada stated that a records check at the shelter revealed
that. this-was-the~thi~d-time-that~'~Budd-y-'; was-nmning loose. -"-Buddy"-was picked~ap
11/7/03, and taken to the shelter as a stray dog. On 11/8/03, the dog was released to
Robert Bischoff. Ms. Cunningham was not notified of this impound until after the
release.
VICIOUS DOG 'HEARING SIGN IN SHEET
Owner: Robert Bischoff
Dog: Buddy
Date of Incident: 11/10/03
Date of Hearing: 11/25/03
Time: 9:30 a.m.
iPLEASE SIGN IN BELOW
flease Print Your Name
Please Sign Your Name
Address
CITY OF DUBLIN
~ 00 Civic Plaza. Dublin. California 94568
Websi'~e: nttp://www.ci.du bhn.ca.us
DATE: December 1., 2003
Robert Bischoff
7609 Landale Ave.,
Castro Valley, CA 94552
Dear Mr. Bischoff.' CERTIFIED MAIL: 7001 1140 0002 8354 1810
Re: Transmittal of Violation of Vicious Dog Hearing Findings
On November 25, 2003, the City of Dublin conducted a vicious dog hearing in
accordance with the Municipal Code and the notice previofisly mailed to you. EnclOsed
are the Vicious Dog Hearing Findings involving your dog.
Please note that your dog will not be returned to you. "Buddy" will remain at the East
County Animal Shelter.
If you have any questionS, please feel free to contact this office. Your cooperation in this
matter is appreciated.
Sincerely,
~my~C~ 'unning'h¢
Administrative Analyst
cc: Tony Owens, Department of Field Services, Alameda County Animal Control
Kowana Banks, Guardian of Darryl Banks
ATTACHMENT 10
Area Code (925) · City Manager 833-6650 - City Council 833-6650 · Personnel 833-6605 · Economic Deve opment 833-6650
Finance 833-6640 · Public Works/Engineering 833-6630 - P~rks & Community Services 833-6645 · Police 833-6670
Planning/Code Enforcement 833-6610 · Building Inspection 833-6620 - Fire Prevention Bureau 833-6606
Printed on Rec ¢cled Paper
CITY OF DUBLIN
100 Civic Plaza Dublin. California 94568
Website: htto://www.ci.dublin.ca.us
FINDINGS
VICIOUS DOG HEARING
Dog: Buddy
Owner: Robert Bischoff
Date of Incident: 11/10/03
Date of Hearing: 11/25/03
WHEREAS, a hearing in accordance with Dublin Municipal Code (DMC) Chapter 5.36 was
conducted on November 25, 2003, ~to determine whether the dog, "Buddy," is a vicious dog
pursuant to DMC Seetion 5.36.290; and
WHEREAS, the Owner of "Buddy" was present at the hearing; and
WI-IEREAS, a previous hearing was held on September24, 2003, and based upon information
presented at that hearing, the Hearing Officer declared ,Buddy" vicious according to Dublin
Municipal Code 5.36.290 (A) (1) and (2), and restrictions were placed.on the dog; and
WHEREAS, the owner of"Buddy" signed for the certified copy of the hearing notice on
September 19, 2003, but did not attend the September 24th heating; and
WltEREAS, on October 23, 2003, the United States Postal Service returned the certified copy
of the hearing findings to the City of Dublin as unclaimed by the dog owner, but the regular mail
copy was not returned; and
WItEREAS, the dog owner was personally served by an Animal Control Officer with the
findings from the September 24th hearing on November 7, 2003, but did not appeal the findings;
and
WHEREAS, on November 19, 2003, the Hearing Officer determined that the dog owner did not
comply with certain restrictions placed on the dog at the previous heating, and notices were
i~sued for a hearing on November 25, 2003, to address these violations; and
WHEREAS, on November 21, 2003, detail #158was received from Animal Control as
"Buddy" was held at the shelter for running loose on November 7, 2003; and, on November 10,
2003, "Buddy" was again running loose and attacked and bit minor child Darryl Banks in
violation of the restrictions placed on him at the September 24, 2003, vicious dog hearing; and
WHEREAS, in compliance with previous hearing findings "Buddy" was quarantined at East
County Animal Shelter on November 10th, pending this hearing; and
Area Code (925) - City Manager 833-6650 - City Council 833-6650 - Personnel 833-6605 · Economic Development 833-6650
Finance 833-6640 · Public Works/Engineering 833-6630 - Parks & Community Services 833-6645 · Police 833-6670
Planning/Code Enforcement 833-6610 - Building inspection 833-6620 · Fire Prevention Bureau 833-6606
Printed on Recycled Paoer
WltEREAS, the evidence at the hearing demonstrated, and the hearing officer hereby finds, that
Buddy was running loose on both November 7, 2003, and November 10, 2003, in violation of
previous findings, which required the owner to ensure that Buddy did not escape from the
premises, and in violation of DMC section 5.36.220; and
WItEREAS, the evidence at the hearing demonstrated, and the hearing officer hereby finds, that
the dog owner did not contact Animal Control within 15 days of mailing of the hearing findings
to schedule an inspection of the fences, gates, and exterior doors; and
WHEREAS, the evidence at the hearing demonstrated, and the hearing officer hereby finds, that
on'November 10, 2003, Buddy, while loose; bit minor child Darryl Banks, an attack which
meets the criteria for a finding of viciousness under 5.36.290(A)(1); and
WHEREAS, the dog owner's failure to comply with the conditions of the previous order and
Buddy's further acts of viciousness demonstrate the pressing need for a more stringent
abatement order-than had previouslY been imposed in order to protect the public.
NOW, THEREFORE, in accordance with Section 5.36.340 of the Dublin Municipal Code, the
following is ~mposed to address this nuisance:
To protect the health, safety, and welfare of the community, "Buddy" shall not be returned to
his owner, any family member, or associate. The dog shall remain in the care of Animal
Control staff until 'it has been determined if the dog should be reradopted by an unassociated
party; sent to a rescue organization; or humanely destroyed.
2. In accordance with Section 5.36.340, this decision shall be final.
SignedlAm~y~~Pdunn~~.ng~h/? tam{.~'~' i~~ e'ct~or/Designee
NOTICE OF RIGHT TO APPEAL
You have the right to appeal this decision to the City Council. Any appeal must be filed within five (5) calendar
days from the date of issuance'of this decision. A Notice of Appeal must be. filed with the City Clerk and shall state
specific grOunds as to why the decision should not be approved. Failure to file an appeal within the specified time
limit shall constitute a waiver of the right to appeal and the attached decision shall be final.
P~tmark"
Here
CITY OF DUBLIN
MEMORANDUM
DATE:
'TO:
FROM:
SUBJECT:
December 1, 2003
Vicious Dog Hearing File - Bischoff
Amy Cunningham, Administrative Analys~/
Personal Service of VicioUs Dog' Hearing Finding
On December 1, 2003, at approximately 3:00 PM, Mr. Robert Bischoff was -personally served with a
copy of the findings from the. Vicious Dog Hearing, which was held on November 25, 2003. Service
was completed at the conclusion of the Civil Ex Parte hearing, outside Department 707 of the
Gale/Schenone Hall of Justice, 5672 Stoneridge Dr., Pleasanton, CA.
ATTACHI~IENT 11
ATTACHMENT 12