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Home My WebLink About1951 - Amending Section 7.12.052 r f . • • ORDINANCE NO. /*TY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING SECTION 7 . 12 . 052 E. OF THE REDDING MUNICIPAL CODE PERTAINING TO THE HEARING, DETERMINATION, AND CONDITIONS OF MAINTENANCE OF DANGEROUS DOGS. The City Council of the City of Redding does hereby ordain as follows: Section 1 . The first paragraph of Section 7 . 12. 052 E of the Redding, Municipal Code is hereby amended as follows: E. No person shall own, maintain, or possess a dog determined to be a dangerous dog, except upon one or more of the following conditions, or other conditions that the Director may specify: [See attachment for conditions 1 through 8. ] Section 2 . It has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act. Section 3 . The City Clerk shall certify to the adoption of this Ordinance and cause its publication according to law. I HEREBY CERTIFY that the foregoing Ordinance was introduced and read at a regular meeting of the City Council of the City of Redding on the 5th day of February , 1991, and was duly read and `a� • • adopted on the 19th day of February , 1991 , at a regular meeting of the City Council by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss & Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None 4 174.; NAI Y BU M , Mayo ////I"-1--\- City of edding ATTEST: ETHEL A. NICHOLS, City Clerk F•RN i"PROVED: RANDALL A. HAYS, C ty Attorney • • DOGS been observed or reported to have teased, tormented, abused, or assaulted the dog; or was committing or attempting to commit a crime. (Ord. 1829 § 1(D), 1987.) 7.12.052 Hearing, determination and conditions of maintenance of dangerous dog. Upon reasonable information, the director of the Haven Humane Society (hereafter referred to as "director"), acting pursuant to the contract between the city and the Haven Humane Society for provision of animal control services, may initiate a hearing in accordance with the following procedures to determine whether a dog is dangerous: A. If the dog is not licensed, notice of the hearing shall be per- sonally served on the owner or custodian of the dog not less than seven days prior to the hearing. If the dog is licensed, in the alternative, notice of the hearing may be served by letter addressed to the owner or custodian of the dog at the address given on the license application, deposited in the United States first-class mail, not less than fourteen days prior to the hearing. B. The director shall act as the hearing officer. The owner or custodian of the dog and any interested parties may present testimony and relevant evidence helpful to a determination. The hearing shall be tape-recorded. Following submission of all the evidence, the hearing officer shall make a determina- tion, which decision shall be final and not subject to appeal except by petition or application to a court of law. If the hearing officer determines that the dog is dangerous, no further administrative enforcement action shall occur until twenty days have elapsed following the decision, except that impoundment of the dog under Section 7.12.053 may be continued until a determination becomes final and dispo- sition of the dog is resolved. If legal proceedings challenging the decision are instituted and a summons is served before twenty days have elapsed, then administrative enforcement shall be suspended pending a final determination by the courts. 294-3 (Redding 4-88) ANIMALS C. Upon any conviction of a violation of Sections 7.12.021B or 7.12.054B, the'determination by the court that a dog meets the definitions of a dangerous dog under Section 7.12.051 shall be conclusive. D. If there has been a final determination pursuant to subsec- tion B or C of this section that the dog is a dangerous dog, then the hearing officer shall order that within thirty days the owner of the dangerous dog comply with the conditions for maintenance and control of the dog set forth in subsec- tion E of this section. E. No person shall own, maintain, or possess a dog determined to be a dangerous dog, except upon the following condi- tions: I. The dog shall not be permitted to be loose, or to create any danger to the peace, health, or safety of the people in the vicinity of the location where it is kept or main- tained. 2. If the dog is not kept securely within a cage or a build- ing, or within a fenced area accessible only by the dog's owner or custodian, the premises where the dog is main- tained shall be posted to warn of the presence of a dangerous dog. Signs shall be placed at each point of access where the dog may be present, or at fifty-foot intervals around the perimeter of the area where the dog may be present if the perimeter does not have a fence or other obstruction to access by human beings. 3. The dog shall be provided with proper and adequate food, water, ventilation, shelter, and care at all times; the dog may not be subject to neglect, suffering, cruelty, or abuse. 4. The director shall be allowed at any reasonable time to inspect the dangerous dog and the conditions of care and maintenance of the dangerous dog. 5. The dog shall not be allowed to have contact with children that are younger than eleven years of age and not a resident on the premises where the dog is kept. 6: The owner of the dog shall be required to furnish proof of general liability insurance covering the owner and activities on the premises where the dog is maintained, in a minimum amount of fifty thousand dollars. (Redding 4-88) 294-4 f M, • DOGS 7. A dangerous dog shall be spayed or neutered, at the owner's expense, within sixty days of a final determina- tion that the dog is dangerous. 8. Such other conditions that the director may specify if: the dog was determined to be a dangerous dog under subsection B or C of this section, and any of the above conditions for maintenance and control of the danger- ous dog were violated, and the director exercised his discretion under subsection F to not destroy the danger- ous dog. F. Upon reasonable information that the conditions of owning or maintaining a dangerous dog have been violated, the director may initiate a hearing in accordance with the pro- cedures of subsections A and B of this section to determine if the conditions of subsection E of this section have been violated. If there is a prosecution and conviction under Sections 7.12.021A, 7.12.021 B, 7.12.054A or 7.12.054B, then such conviction shall conclusively establish that the minimum conditions of maintenance and control of the dangerous dog have been violated. If there is a final deter- mination, either by administrative hearing or by court conviction as set forth above, that any of the conditions of maintaining or controlling a dangerous dog have been violated, then after the time for appeal has lapsed the director has discretion to either release the dog to its owner or custodian on such terms and conditions as the director may specify to protect public safety and welfare or order that the dangerous dog be humanely destroyed. G. If pursuant to subsection F of this section the director orders that the dangerous dog be destroyed, and the dog has not been impounded under Section 7.12.053, then the owner or custodian of the dog shall comply within thirty days by either (1) delivering the dog to the director for de- struction, or (2) having the dog humanely destroyed by a licensed veterinarian. If the dog is destroyed by a veterin- arian, then proof of destruction shall be supplied by a de- claration under penalty of perjury signed by the veterin- arian. Refusal to comply with the order of the director shall be punishable as a misdemeanor. (Ord. 1829 § 1(E), 1987.) 294-5 (Redding 4-88)