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Ordinance hearing violation

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Joeshmo

Junior Member
What is the name of your state? California
I am in Hollister CA. My dog was impounded per Hollister Ordinance 6.13.020. They did not indicate a number, 1 to 4. I appealed the impound. At the hearing to "determine if a dog is dangerous", the Animal Control came to her determination to destroy the dog based on her "training and experience" The hearing officer came to his conclusion based on his "Opinion".
The ordinances say, under hearing procedures and evidence, they need to consider 11 items in making a decision and these items were never discussed or considered.
Isn't this some violation of my rights or their own rules?
I have contacted several attorneys nobody will even talk to me. I finally found one today and he said they impounded him under the wrong code, he was talking about state statutes, not the city ordinances and he wanted 5000 dollars to appear. Is this not a crazy amount for one hearing? He is not even an animal law atty.
The circumstances that got the dog impounded, several children were playing in an enclosed yard with the dog. The kids were riding a scooter, the dog would chase the scooter and bite the tire, making the scooter stop, the kids would run into the grass, it was all fun, no aggression, then the dog got a leg, not the tire. All the adults in the yard made statements it was an accident, except the injured child's mom who was not there. Somebody please help me.
 


adjusterjack

Senior Member
There is an appeal process.

6.13.070 - Notification and appeal.
After a hearing conducted pursuant to this chapter, the owner of the animal shall be notified in writing either personally or by first-class mail postage prepaid, of the determination and orders issued by the hearing officer. If a determination is made that the animal is dangerous, the owner shall comply with the hearing officer's determination and orders in accordance with the established time schedule. If the animal control officer or the owner of the animal contests the determination, he or she may, within five days of the receipt of the notice of determination, appeal the decision to the San Benito County Superior Court pursuant to California Food and Agricultural Code Section 31622. The petitioner or owner of the animal shall serve notice of the appeal upon the other party by personal service or first-class mail, postage prepaid.

Also see California Food and Agricultural Code Section 31622:

.

You'll have to figure out the how. One way is to go to the courthouse and look up lawsuit cases with Hollister Animal Control as defendants. That might give you some idea of how to file the appeal.
 

xylene

Senior Member
. All the adults in the yard made statements it was an accident, except the injured child's mom who was not there.
Where were you?

Why was you dog in somebodies' yard without you being present?

Blunt question: What breed of dog is this?
 

quincy

Senior Member
According to Hollister Ordinance 6.13.020, a dangerous animal is "an animal which, when unprovoked, inflicts injury on or kills a human being, or domestic animal."

I think the dog owner, and all adults present at the time, were negligent in allowing a dog to chase kids on bikes, and to allow the dog to bite the bike tires. That was a dangerous game that the adults should have known better than to let the children and dog continue to play. It is not surprising to me that a child was hurt.
 

adjusterjack

Senior Member
I think the dog owner, and all adults present at the time, were negligent in allowing a dog to chase kids on bikes, and to allow the dog to bite the bike tires. That was a dangerous game that the adults should have known better than to let the children and dog continue to play. It is not surprising to me that a child was hurt.
Agree.

I feel sorry for the dog that has to be killed because the owner is an idiot. Should let the dog live and punish the owner.
 

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