Loading...
HomeMy WebLinkAboutOrdinance - 2354 - Amend Chapter 7.04 .\ , . ~/ SUMMARY OF CITY OF REDDING ORDINANCE NO. 2354 The following is a summary Report of the City of Redding's Ordinance No. 2354, an ordinance of the City Council of the. City of Redding amending the Redding Municipal Code (RMC) by making revisions to the City's animal control regulations. This ordinance amends Chapter 7.04 (General Provisions), amends Chapter 7.12 (Dogs) and adds new Chapter 7.13 (Dangerous Dogs) to the Redding Municipal Code. BACKGROUND While the City's current animal control regulations have served the City well over the years, these revisions will assist the City in dealing with the numerous issues related to Animal Regulation. SUMMARY The ordinance creates Chapter 7.13 - Dangerous Dogs. Addition of this Chapter to the Code will separate the issue of dangerous dogs from other dog related regulations will assist in the enforcement and further clarify those items that are targeted specifically to dangerous dogs. TIns change will allow the City flexibility in the future if further changes are desired. New regulations will require declared dangerous dogs to wear a special license and/or to have a microchip ,implanted indicating that the dog was declared dangerous by the City of Redding with a date and other pertinent information. The ordinance will revise the hearing procedure used to determine if a dog is dangerous. Although similar to the current procedure, the new ordinance will shift responsibility for conducting these hearings from the City Manager's Office to the hearing officer or board established by Chapter 1.13 of the RMC. The ordinance will add an additional fee for registering a declared dangerous dog. At this time, the amount the City might charge has not been determined. This will be returned to Council at a separate time in the future. However, this ordinance would allow the implementation of such a fee. The ordinance will increase the amount of insurance a hearing officer may require for a dangerous dog. The City currently only requires $50,000. The change would provide a range, not less than $50,000 nor more than $300,000, for the hearing officer to choose from. The ordinance incorporates the City's Title 1 administrative hearing procedures for animal nuisance complaints such as barking dogs and running-at-Iarge. Currently these are heard by the Court and can take up to six months or longer to resolve. Resolution of these issues can then occur on a more timely basis. The ordinance clarifies the noise (barking) ordinance to make it clearer and more readily enfi>rceable. 1, " \ The current ordinance has become increasingly difficult to enforce. The ordinance's change will allow Animal Regulation officers to issue citations for violations they observe. The current ordinance does not clearly give them that authority. For citizen signed complaints, the new ordinance requires two neighbors to attest to the complaint. Ordinance No. 2354 was introduced and read at a regular meeting of the City Council ofthe City of Redding on November 1,2005, and was duly read and adopted on the 15th day of November, 2005, at a regular meeting of the City Council by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Pohlmeyer, Stegall, and Dickerson COUNCIL MEMBERS: None COUNCIL MEMBERS: Murray and Mathena COUNCIL MEMBERS: None A complete copy of Ordinance No. 2354 is on file and available for review in the Office of the City Clerk. . 2 - , ~ ORDINANCE NO. 2354 AN ORDINANCE OF THE CITY OF REDDING AMENDING CHAPTER 7.04 (GENERAL PROVISIONS) OF THE REDDING MUNICIPAL CODE; AMENDING CHAPTER 7.12 (DOGS) OF THE REDDING MUNICIPAL CODE; AND ADDING CHAYfER 7.13 (DANGEROUS DOGS) TO THE REDDING MUNICIPAL CODE. The City Council of the City of Redding does ordain as follows: Section 1. Chapter 7.04 (General Provisions) of the Redding Municipal Code is repealed and re-adopted to read as follows: Chapter 7.04 GENERAL PROVISIONS 7.04.005 Authority of employees of contracted public pound, society for the prevention of cruelty to animals, animal control agency, or humane society. A. Employees of a public pound, society for the prevention of cruelty to animals, animal control agency, or a humane society who have qualified as humane officers pursuant to California Corporations Code Section 14502 are authorized to issue notices to appear in court pursuant to Chapter 5c of Title 3 of Part 2 of the Penal Code for violations of state animal control laws or this title at such times as there exists a valid contract for these sC?rvices between the City and the public pound, society for the prevention of cruelty to animals, animal control agency, or humane society. B. Employees of a public pound, society for the prevention of cruelty to animals, animal control agency, or a humane society who have qualified as humane officers pursuant to California Corporations Code Section 14502 are included within the definition of "Enforcement officer" of section 1.13.020 of this code and are authorized to issue administrative citations pursuant to chapter 1.13 of this code for violations of state animal control laws or title 7 of this code at such times as there exists a valid contract for these services between the City and the public pound, society for the prevention of cruelty to animals, animal control agency, or humane society. C. The authority of th,e humane officers is limited to the jurisdiction of the City. The humane officers are not authorized to take any person into custody even though the person to whom the ~ \ ~ ~ notice is delivered does not give his or her written promise to appear in court or before an administrative tribunal. 7.04.010 Definitions. For purposes of this title, unless the context clearly indicates otherwise, certain words and phrases shall have the meanings given them in this section. "Animal" means all nonhuman members of the animal kingdom including domestic, exotic, and livestock species. "Animal Control Officer" means the Poundmaster or any individual authorized to act on his or her behalf in the enforcement of the provision of title 7 and chapter 1.13 of this code. "Dog" includes the domesticated members of the species canis familiaris; the word "dog" excludes other members of the family Canidae, including any hybrids of canis familiaris. "Domestic animal" means any animal customarily kept by humans for companionship, including, but not limited to doges, cats, birds, rabbits, hamsters, mice, turtles, and the like. "Exotic animal" means any species of animal not considered domestic or livestock. For the purpose of this definition, "exotic animal" includes, but is not limited to, nonpoisonous snakes and lizards and pot-bellied pigs. "Exotic birds" includes parakeets, parrots (including macaws), cockatiels, cockatoos and similar bids. "Kennel" means either: 1. Any person, fIrm or corporation engaged in the business of keeping, harboring, breeding, buying, or selling dogs or cats, or both; or 2. Any dwelling or other property where more than six dogs or six cats, or any combination thereof exceeding a total of six, over the age of four months are kept and maintained for a purpose other than breeding, buying, selling or boarding. The term "kennel" shall not include any animal shelter operated by a humane society, a municipal agency or its authorized agents, or a veterinary hospital operated by a veterinarian licensed by the state of California. "Large fowl" includes emus, ostriches, rheas or other similar flightless birds. "Livestock" means any animal customarily kept by humans for the purpose of providing food, clothing or work, including, but not limited to, equine, bovine, ovine, caprine, porcine and fowl, but excluding bees. 2 "Pot-bellied pig" includes the Vietnamese variety miniature pig ofless than one hundred fifty pounds in weight and less than twenty-two inches in height as the shoulder. "Poultry" includes pigeons, chickens, ducks, geese, turkeys and all other domestic or domesticated fowl. "Pound" includes any location used for the impounding of animals by the pound master of the City pursuant to the direction of the City Council, and may include the animal shelter of the county. "Wild animal" includes specifically any live nonhuman primate, raccoon, skunk, fox, coyote, wolf, leopard, panther, tiger, lion, lynx, poisonous snake or like reptile, or any other warm-blooded mammal which can normally be found in the wild state and is not typically domesticated in California. 7.04.020 Tethering animals on street. No person shall tether any animal or graze the same upon any public street, avenue, sidewalk or alley, or so near to any public street, avenue, sidewalk or alley as to endanger or annoy any person or occupant of any vehicle passing thereon. 7.04.030 Maltreatment. No person shall cruelly beat, torture, misuse, deprive of food or water, or otherwise maltreat any animal in the City. 7.04.040 Harassing police dogs. No person shall strike, threaten to strike, tease or harass any official police dog while any such dog is in the company of a peace officer or is located within an official police vehicle or police kennel. 7.04.050 Running at large. It is declared to be a nuisance and it is unlawful for any person to allow or permit animals, under his or her ownership or control, to run at large except upon private property exclusively under the ownership and/or control of the owner or keeper or at a dog-park designated as a leash-free area by the City. Violation of this section shall be an infraction subject to administrative penalties under chapter 1.13. 7.04.060 Committing nuisance in public areas. It is unlawful for the owner or person having custody of any animal to permit, either wilfully or through failure to exercise due care or control, any such animal to commit any nuisance upon the sidewalk of any public street; or upon the floor of any common hall in any apartment house, hotel, 3 or other multiple dwelling; or upon any entranceway, stairway or wall immediately abutting on a public sidewalk; or upon the floor of any theater, shop, store, office building, or other building used in common by the public; or upon the floor or stairway of any depot or station or public waiting room; or upon any floor, stairway, entranceway, office, lobby, foyer, or patio used in ,common by the public; or upon the walks, picnic areas, tennis courts, ball diamonds, band shells, or in or upon any public buildings located within the public parks. 7.04.070 Sanitary conditions. It is declared to be a nuisance and it is unlawful for any person to keep or permit to be kept upon any premises any animals in a foul, offensive, obnoxious, filthy or unsanitary condition. / 7.04.080 Enclosure required. It is the duty of every owner or persons in possession and in control of animals to keep them within a good and substantial enclosure within the City which will prevent their running at large. 7.04.090 Noise. A. It is declared to be a nuisance and it is unlawful to keep, maintain or permit on any lot or parcel of land, any animal that habitually disturbs the peace and quiet of any neighborhood or person, by barking, howling, crying baying, screeching, or making any other noise so as to unreasonably disturb the peace or quiet of any two persons living in different households. B. It is declared to be a nuisance and it is unlawful to keep, maintain, or permit on any premises within the City, any animal that habitually disturbs the peace or quiet of any neighborhood or person, by barking, howling, crying, baying, screeching, or making any other noise so as to unreasonably disturb the peace or quiet of any neighborhood as witnessed by an animal control officer. C. For purpose of this section, a barking howling, crying, baying, screeching, or other disturbing noise that occurs continuously or incessantly for a period of at least ten minutes or intermittently for at least thirty minutes at any time either day or night shall be considered an unreasonable disturbance. D. Any noise by an animal shall not be considered an unreasonable disturbance if a person is trespassing or threatening to trespass upon the property that is the subject of the disturbance, or if any person is teasing or provoking the animal that is causing the disturbance. E. This section shall not be construed to prohibit the keeping of any watchdog, provided that the keeper takes immediate steps to quiet such watchdog whenever it barks, and provided that the keeper never leaves the watchdog unattended on the premises in a place where its barking, if prolonged or repeated an undue number of times, unreasonably disturbs the peace or quiet of any two persons living in different households. 4 F. Any person who owns or keeps an animal that violates the provisions of this section shall be guilty of an infraction and subject to the imposition of an administrative citation pursuant to chapter 1.13. G. On a ftrst complaint that an animal is disturbing the peace, the animal control officer shall: 1. Investigate the complaint; 2. Identify and document all prior violations of this chapter attributable to any animals kept by the owner or keeper of the animal that is the subject of the complaint. 3. Provide the owner or keeper with information on responsibilities and liabilities under this chapter. 4. Serve the owner or keeper with a warning notice that documents the violations of this chapter. Service shall be accomplished by any of the following methods: personally delivering the notice to the owner or keeper; conspicuously posting the notice at the real property where the animal resides; mailing a copy of the notice by certifted mail, postage prepaid, return receipt requested to the owner or keeper; or by regular mail. H. On second and subsequent complaints, the animal control officer shall: 1. Investigate the complaint; 2. Identify and document all prior violations of this chapter attributable to any animals kept by the owner or keeper of the animal that is the subject of the complaint. 3. If a violation is found to have occurred, cause the owner or keeper to be served with a (a) notice to appear in court or (b) an administrative citation pursuant to chapter 1.13 of this code. I. For purposes of this section, a "complaint" means a written complaint to the City that is signed by at least two individuals from different households, on a form approved by the City Manager. 7.04.100 Hunting, trapping or keeping wild animals. No persons shall, at any time, hunt, pursue, kill, trap, take, keep or destroy any quail of any description or species, or any other wild animal or wild bird within the boundaries of the City. The provisions of this section shall not prohibit the keeping and maintaining of wild animals within the City under the following conditions: A. Any wild animals which are kept in or managed by a zoo, museum, state-licensed educational institution, permitted circus, properly licensed wildlife rehabilitation centers and state and federal 5 " agencies responsible for the regulation of wild animals. B. Any wild animals in a licensed veterinary hospital for treatment. 7.04.110 Slaughterhouses prohibited. It is declared to be a nuisance and it is unlawful for any person to establish or maintain any slaughterhouse within the City limits. 7.04.120 Fowl and gnawing mammals. It is unlawful for any person to keep any chickens, geese, ducks, turkeys, pigeons, doves, squabs or similar fowl or any hares, rabbits, guinea pigs, chinchillas, hamsters, rats, mice or any other similar gnawing mammal, owned or controlled by him within forty feet of any dwelling house or structure used as a dwelling house, unless the house or structure is occupied by him; or to keep the same within fifteen feet of any side and rear property lines, except where the rear of the property abuts on a public alley, in which case a distance of fifteen feet from side property lines shall be maintained, or to keep the same within fifty feet of any front property line. 7.04.130 Roosters and peafowl (peacocks). It is unlawful for any person to keep any rooster over three months old within the City. It is unlawful for any person to keep any peafowl (peacocks) or guinea fowl within the City. 7.04.140 Exotic birds-Within thirty-rIVe feet of other residence. It is unlawful for any person to keep parakeets, parrots (including macaws, cockatiels, cockatoos or other exotic birds) within thirty-five feet of any building used as a dwelling or residence by any person other than the owner or custodian of the birds. It is unlawful for any person to keep more than twenty-five parakeets in an outside open cage or enclosure. 7.04.150 Number of dogs or cats in dwelling. A. It is unlawful for any person to keep, harbor or maintain in or about any dwelling, or the curtilage thereof, more than six dogs or six cats, or any combination thereof exceeding a total of six, each of which is over the age of four months, unless the owner has obtained a kennel license under the provisions of this chapter. B. For the purposes of this section, the term "dwelling" is defined in the same manner as such term is defined in the zoning regulations of the City. C. The provision of this section shall not apply to any owner who owns more than six dogs or six cats, or any combination thereof, on the effective date of the ordinance codified in this chapter so 6 long as such dogs are licensed by the owner under this chapter. This exception does not apply to any dogs subsequently owned, acquired or otherwise possessed by said owner after the effective date of said ordinance. 7.04.160 Prohibition of selling or making gifts of dogs, cats, poultry and rabbits at certain locations. A. It is unlawful for any person to display, sell, offer for sale, barter or give away, upon any street, sidewalk, recreation trail, in front of or adjacent to any retail store, shopping center or other place of business which members of the public frequent, any animal. B. It is unlawful for any person who owns or controls any retail store, shopping center, or other place of business which members of the public frequent to permit any person to display, sell, offer for sale, barter or give away any animal on the premises owned or controlled by such person. c. This section shall not be construed to prohibit the display or sale of any animal legally for sale in a licensed pet shop, feed store or other place of business which is authorized to display or sell animals. 7.040.170 Violations. Any violation of section 7.04.030,7.04.040, or 7.040. 100 constitutes a misdemeanor. Anyviolation of any other section in this chapter constitutes an infraction. Section 2. Chapter 7.12 (Dogs) of the Redding Municipal Code is repealed and re-adopted to read as follows: Chapter 7.12 DOGS 7.12.010 Attacks by dogs running at large--Prohibited. It is unlawful for any person who owns, or is in charge of, or possesses a dog to permit, allow, or cause the dog to run, stray, or be uncontrolled in violation of Section 7.04.050 so that the dog bites, attacks, or causes injury to any human being or animal. A. If prior to the bite, attack, or injury there has been a hearing and final determination pursuant to Section 7.13.060 that the dog is a dangerous dog, then violation of this section shall be a misdemeanor punishable by a rme of not less than three hundred dollars nor more than one thousand dollars and imprisonment for up to ten days and/or administrative rmes as set forth in section 1.13.090 of this code. 7 B. If subsection A is not applicable, but prior to the bite, attack, or injury the dog meets the definition of a dangerous dog as set out in Section 7.13.030, then violation of this section shall be a misdemeanor punishable by a fine of not less than two hundred dollars nor more than seven hundred fifty dollars and/or administrative fines as set forth in section 1.13.090 of this code. C. If neither A or B is applicable, then violation of this section shall be an infraction punishable by a rme as set forth in section 1.13.090 of this code. 7.12.020 In public parks and malls. It is unlawful for any person to bring into or to permit any dog under his control or in his possession to enter an improved or landscaped area of any park, playground, or public recreational ground, or any publicly owned pedestrian mall in the City; provided, however, that dogs may be brought into the premises in vehicles if they are thereafter continuously kept in the vehicle while in the park; and further provided, that dogs may be brought into a public park or a publicly owned pedestrian mall for dog shows or other organized events involving dogs, when the sponsoring organization has obtained the approval and authorization for the event from the director of recreation for an event in a public park or from the City Clerk for an event in a publicly owned pedestrian mall; and further provided, that the provisions of this section shall not apply to "guide dogs" for the blind when in the immediate care and custody of their blind owners. 7.12.030 License-Due date-Amounts set by resolution of City Council. A. License fees are due and payable on a fiscal-year basis (July I st through June 30th) and are billed by the City Clerk in advance on May 1 st. B. The fees and charges for dog licenses, kennel licenses and other fees and charges imposed, or which may be imposed pursuant to this title, shall be those specified by resolution of the City Council. C. Any person owning or having custody or control of one or more dogs shall pay an administrative fee for the licensing of each dog over the age of four months in accordance with the fee schedule established by resolution of the City Council. D. Licenses may be purchased either: (a) for one year; or (b) for two years if the rabies vaccination expires during the two-year period; or (c) for three years if the rabies vaccination expires during the three-year period, as follows: 1. A one-year license shall be due and payable to the City on the first day of July each year, and shall be delinquent on the first day of September each year. 2. A two-year license shall be due and payable to the City on the first day of July every second year, and shall be delinquent on the first day of September in 1the second year; 3. A three-year license shall be due and payable to the City on the first day of July every third year, and shall be delinquent on the first day of September in the third year; 8 provided, however that new residents of the City owning or having custody or control of any dog required to be licensed shall have thirty days after taking up residence in which to obtain the license. 7.12.040 Fees--Late registration--Proration. A. A late registration penalty fee shall be assessed in addition to the regular fee for license tags for failure to license any dog within the time specified in Section 7.12.030. The late registration penalty fee shall be specified by resolution of the City Council. B. The full amount of the license fee specified in Section 7.12.030 shall be payable for any fraction of any year, and there shall be no proration of the late registration penalty fee. 7.12.050 License-Duplicate. In the event the dog tags issued as part of the license required by Section 7.12.030 are lost, the person to whom the license was issued shall make application for the issuance of a duplicate license and the replacement of the tags. A fee as established by resolution of the City Council shall accompany the application for issuance of a duplicate license. 7.12.060 Vaccination--Required. A. Any person owning or having custody or control of a dog four months old or older shall, at such intervals of time not more often than once a year as may be prescribed by the state department of public health, procure its vaccination by a licensed veterinarian with a canine anti-rabies vaccine approved by and in a manner prescribed by that department. B. No license required by this chapter shall be issued to any person until that person furnishes satisfactory evidence of the vaccination as required in this section. Provided such vaccination is obtained at one of the vaccination clinics established by the City, the City shall provide such vaccination at its cost. Nothing in this section shall be construed to prevent the applicant for a license from obtaining the required vaccination from a veterinarian of his own choice, provided the veterinarian is duly licensed by the state; and further provided that evidence of the vaccination is supplied to the City Clerk. C. If the person applying for a license in accordance with the provisions of this chapter fails to have his dog vaccinated at one of the scheduled municipal clinics, the cost of obtaining the vaccination for the dog from a veterinarian of his own choice shall be the obligation of the person and no portion of the cost shall be paid by the City. 7.12.070 License--Clell"k signature. Each license issued pursuant to the provision of this chapter shall be signed by the City Clerk. 9 7.12.080 License--Contents. Each dog license shall state the following: A. The name and residence address of the person to whom the license is issued; B. The amount paid therefor and the character thereof; C. The date when issued; D. The date on which the license shall expire; E. A description of the dog for which the license is issued; F. The number of the metallic or plastic tag accompanying the license; G. The date upon which the dog was vaccinated against rabies; H. The name of the veterinarian performing the vaccination. 7.12.090 License--Records. The City Clerk shall keep a record of the licenses issued by this chapter. 7.12.100 Tag--Contents. With each dog license there shall be issued a metal or plastic tag with the number of the tag and the year for which issued, together with a reference to the City. 7.12.110 Tag-Attachment required. Dog tags shall be securely affixed to a collar, harness or other device and shall at all times be worn by the dog, except while the dog remains indoors or in an enclosed yard or pen. 7.12.120 Tag-Procurement and record. The City Clerk shall procure the number of dog tags needed each year and shall keep a file wherein shall be entered the name and address of the person to whom each license and tag is issued, the number of the tag, the date of issuance thereof and a description of the dog for which issued. 7.12.130 Tag-Use of other prohibited. No person shall attach to or keep upon any dog any tag provided for in this chapter except a tag 10 issued for the dog under the provisions of this chapter. 7.12.140 Tag--Countenent. No person shall attach to or keep upon any dog or make or have in his possession any counterfeit or imitation of any tag provided for in this chapter. 7.12.150 Tag--Exhibition upon demand. No person keeping or harboring a dog for which a license is required shall fail or refuse to exhibit the license tag required by this chapter upon demand of the City Clerk or his duly authorized agent or any member of the police department. 7.12.160 Kennellicense--Approval of board of administrative review required. A. It is unlawful for any person to maintain a kennel without obtaining a kennel license from the City. No kennel license shall be issued without a use permit approved by the board of administrative review. The board of administrative review shall not issue such permit other than through the procedures as established in the zoning regulations of the City. The board of administrative review shall have the discretion to limit, condition or restrict any permit issued in any way the board deems necessary under the circumstances with regard to location, neighborhood, noise, sanitation, proper planning and any other factor deemed relevant by the board. Any such permit shall be revocable at any time by the board of administrative review at the discretion of the board. B. Any person owning, conducting, managing or operating any kennel within the City shall pay for the privilege of maintaining or operating such kennel a license fee established by resolution of the City Council. The use permit, together with satisfactory evidence of current rabies vaccinations, shall be presented to the City Clerk prior to issuance of the kennel license. C. In the event that the person conducting, managing or operating a kennel under this section desires to increase the number of dogs and/or cats previously authorized, he or she must obtain a new license after approval of such increase by the board of administrative review. D. Because of the need to adequately protect animals within kennels from unhealthy conditions and practices, and the interest of the public in preventing inhumane practices, reasonable inspections by the City shall be completed. As a condition of the issuance of a kennel license, each operator shall agree to allow such inspection. Such acknowledgment shall be made part of the application and file. Each kennel for which a kennel license has been issued shall be inspected at intervals determined by the City. E. Any kennel which is found by the City to be unsanitary or a menace to animal or public health, safety or welfare is declared to be a public nuisance. In the event immediate action is necessary to preserve or protect animal or public health, safety or welfare, the City is authorized and empowered 11 to summarily abate such nuisance by any reasonable means, including but not limited to impoundment of the animal(s) or the immediate closure of the kennel, or both, for such time until the nuisance is abated. 7.12.170 Kennel license-Late penalty. A late penalty fee shall be assessed in addition to the regular license fee for failure to obtain a kennel license within the time specified in Section 7.12.030. The late penalty fee shall be specified by resolution of the City Council. 7.12.180 Conrmement of puppies. All dogs under four months of age shall be confined to the premises of, or kept under physical restraint by, the owner, keeper or harborer. Nothing in this section shall be construed to prevent the sale or transportation of a puppy four months old or younger. Section 3. Chapter 7.13 (Dangerous Dogs) of the Redding Municipal Code is added to the Redding Municipal Code to read as follows: Chapter 7.13 DANGEROUS DOGS 7.13.010 This chapter controlling. The provisions of this chapter shall control over any contrary provisions of this title. When other provisions of this title impose requirements beyond those imposed by this chapter, such additional requirements shall remain applicable except where a contrary intention is clearly evident. 7.13.020 Dangerous dogs - public nuisance. Dangerous dogs which are not properly maintained or controlled are declared to be a public nuisance and subject to abatement according to law. 7.13.030 Dangerous dog definition. A. A "dangerous dog" means any of the following: Any dog, except for one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior: 1. An attack which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself peacefully and lawfully; 2. An attack which results in an injury to a person in a place where such person is 12 conducting himself peacefully and lawfully; 3. Any behavior that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peacefully and lawfully; 4. An attack causing injury to another domestic animal or livestock which occurs off the property of the owner of the attacking animal. S. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting. B. For the purposes of this section, a person is peacefully and lawfully upon the private property of an owner or possessor of the animal when he is on such property in the performance of any duty imposed upon him by the laws of the state or any city or county, or by the laws or postal regulations of the United States, or when he is on such property upon invitation, expressed or implied. C. No dog may be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner or keeper of the dog; or was teasing, tormenting, abusing, or assaulting the dog, or has in the past been observed or reported to have teased, tormented, abused, or assaulted the dog; or was committing or attempting to commit a crime. 7.13.040 Exemption for police dogs. This chapter does not apply to any dog owned by any government agency or by any publicly employed law enforcement officer which is used in the performance of police work. 7.13. 050 Seizure and impoundment. A. A dog defined as dangerous under section 7.13.030 shall be impounded when an animal control officer has probable cause to believe the dog poses an immediate threat to public health or safety. B. Any dog which bites, attacks, or causes injury to any human being may be immediately seized and impounded pending a hearing and determination pursuant to section 7.13.080. C. Following a hearing pursuant to section 7.13.080, the dog shall be released ifit is determined not dangerous or the owner or keeper have complied with the conditions for maintenance of a dangerous dog pursuant to section 7.13.110. If the Hearing Officer or Board determines that the dog is dangerous and orders the dog maintained under conditions specified in section 7.13.110, the dog shall not be released until all impoundment fees have been paid. The owner and keeper shall be jointly and severally liable to the City for all impoundment costs. No dog for which impoundment costs are due shall be released until the charges have been paid. 7.13.060 Service of notice. A. When another section of this chapter requires that notice be given by the City under this 13 subsection, the notice may be served by any of the following means: 1. Personal service. 2. Certified mail at the last known address, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail to the last known address. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective by regular mail, provided the notice that was sent by regular mail is not returned. 3. Posting the notice conspicuously on or in front of the property where the dog was last known to be kept. 4. If the dog's keeper and the dog's owner are known to the animal services officer issuing the notice to be separate individuals residing at different addresses, notice to the owner may be served by regular mail at the owner's last known address provided that notice is also given to the keeper by one of the methods described in subsection (A)(I) through (A)(3). B. When notice is not required by another section to be given as provided in subsection A, then notice may be given by regular mail at the addressee's last known address. C. Service by certified or regular mail in the manner described in this section shall be effective on the date of mailing. D. The failure of the owner or keeper to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this Code. 7.13.070 Form of notice. The City Manager or his or her designee may promulgate administrative regulations adopting specific forms that must be used when giving notice or setting a hearing under this chapter. 7.13.080 Dangerous dog classification procedure. Upon reasonable information, the City Manager or his or her designee may initiate an administrative hearing pursuant to chapter 1.13 of this code to determine whether a dog is dangerous in accordance with the following procedures: A. All dangerous dog classification hearings taken under this chapter shall be heard! as provided by this section. The hearing procedures specified in Food and Agricultural Code section 31621 are expressly not adopted. B. A hearing under this section shall be informal and open to the public. The hearing shall be conducted before a Hearing Officer or Board, as those terms are defined in chapter 1.13 of this code. The Hearing Officer or Board shall record the proceedings on audiotape. The Hearing Officer or Board shall regulate the course of the proceedings and shall permit the parties and may permit others 14 to offer written or oral comments on the issues. The Hearing Officer or Board may limit the use of subpoenas, witnesses, testimony, evidence, rebuttal, and argument. The Hearing Officer or Board may allow the cross-examination of witnesses to the extent necessary to ensure a fair hearing and may limit cross-examination of witnesses as necessary to maintain proper decorum. C. Unless provided otherwise, the City bears the burden of proof at the hearing. The owner or keeper has the burden of proof to demonstrate the existence of any affirmative defenses or any mitigating circumstances that may apply. The existence of mitigating circumstances shall not require the Hearing Officer or Board to refrain from classifying a dog as dangerous. D. The owner or keeper and animal control officer presenting the case may be represented by legal counsel and may present oral and written evidence. Any relevant evidence may be admitted if it is the sort of evidence of which responsible persons are accustomed to rely in the conduct of serious affairs. Relevant admissible evidence includes but is not limited to incident reports and witness affidavits. A formal oath is not required for witnesses to provide testimony. E. The owner or keeper of the dog shall be served with notice of the hearing as provided by section 7.13.050. The hearing shall be held no less than five working days nor more than ten working days after service of notice upon the owner or keeper of the dog. F. Within fifteen calendar days of the hearing, the Hearing Officer or Board shall issue a written determination supported by the weight of the evidence. The failure of the Hearing Officer or Board to issue a timely decision shall not prejudice the City's right to act in the matter. The Hearing Officer's or Board's determination shall be served on both the owner and the keeper as provided in section 7. 13.050B. G. The written determination shall include a finding of whether the dog is dangerous. If the written determination includes a finding that the finding dog is dangerous, the Hearing Officer or Board shall either: (1) specify conditions pursuant to section 7.13.090 under which the dangerous dog may be maintained, or (2) order destruction of the dangerous dog pursuant to section 7.13.110. 7.13.090 Judicial review; notice of intent to seek judicial review; request for record. A. Any determination made after a hearing under section 7.13.080 shall be final and conclusive as to the City, and may not be appealed except as provided in subsection B. The procedures specified in Food and Agricultural Code section 31622 for judicial review are expressly not adopted. B. Judicial review of a final decision under section 7.13.080 may be had by filing a petition for a writ of mandate in the Superior Court in accordance with the provisions of the Code of Civil Procedure. C. A dog determined to be a "dangerous dog" shall be destroyed within the time periods specified in section 7.13.120 notwithstanding that the Code of Civil Procedure may allow a longer time to file 15 a petition for writ of mandate. D. After service of a final decision on the parties and upon written request to th'e City Clerk, a complete record of the proceedings shall be prepared and delivered to the owner or keeper of the dog within ten days, or as soon thereafter as reasonably possible. The owner or keeper of the dog may be charged the actual cost of transcribing or otherwise preparing the record. 7.13.100 Mitigating circlllmstances. Before classifying a dog dangerous, the Hearing Officer or Board, if shown to exist by a preponderance of the evidence, shall consider the following mitigating circumstances. The existence of mitigating circumstances, however, shall not be determinative of whether a dog is dangerous or require the Hearing Officer or Board to conduct an independent investigation. A. The person injured or threatened by the dog was at the time: 1. Abusing the dog; 2. Assaulting another person; 3. Committing or attempting to commit either a crime or an intentional property tort on the owner or keeper's property; 4. Acting in concert with another who was committing or attempting to commit any of the acts described in this subsection. B. The animal was: 1. Threatening or attaching the dog when it was injured or threatened by the dog; 2. Injured or threatened 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 animal was a species or type of animal appropriate to the work of the dog. 7.13.110 Condition of maintenance of dangerous dog. A. No person shall own, maintain, or possess a dog determined to be a dangerous dog, except upon one or more following conditions that the Hearing Officer or Board may specify: 1. 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 maintained. 2. If the dog is not kept securely within a cage or a building or within a fenced area accessible only by the dog's owner or custodian, the premises where the dog is maintained 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. 16 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 City 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 an amount not less than $50,000 nor more than $300,000. 7. A dangerous dog shall be spayed or neutered, at the owner's expense, within sixty days of a fmal determination that the dog is dangerous. 8. The owner or keeper of the dog must display on the dog's collar at all times a distinctive license tag issued by the City identifying the dog as dangerous. 9. The owner or keeper of the dog shall securely confme the dog to the dog owner's or keeper's property or other property with that property owners' permission by means of a physical device or structure and in a manner that prevents the dog from reaching adjoining private property or any property used by the public. 10. The owner or keeper of the dog must, Within sixty days of a final determination that the dog is dangerous dog, obtain an identification microchip embedded under the dog's skin. 11. The owner or keeper of any dog determined dangerous under this chapter must acknowledge in writing receipt of a copy of this chapter. 12. The owner or keeper of any dog determined dangerous under this chapter must notify the City immediately if the dog is on the loose or unconfined. 13. The owner or keeper of any dog determined dangerous under this chapter must notify the City if the dog dies, is sold, transferred, kept at a new location, or the owner or keeper change~ addresses. 14. Such other conditions that the Hearing Officer or Board may specify. 7.13.120 Destruction of dangerous dogs; request for temporary stay pending judicial review. A. A dog classified as dangerous under section 7.13.080 and ordered by the Hearing Officer or Board to be destroyed, shall be destroyed after the later of the following dates: 17 1. Five days after personal service or ten days after service by mail of the administrative hearing decision, unless a written notice of intent to seek judicial review is delivered to the City Clerk or a petition for writ of mandate has been filed and a copy delivered to the City Clerk; or 2. An administrative stay under subdivision B is granted, then after the expiration of the administrative stay; or 3. A court has stayed destruction of the dog pendingjudicial review, then after the expiration of the court stay. B. A dog owner or keep may request a temporary stay of the destruction of his or her dog pending the filing of a petition for writ of mandate by filing a written request for stay with the City Clerk and making an advanced payment for kenneling costs. The stay shall be granted and effective for a number of days equal to the number of days of advanced kenneling costs received. If the dog owner prevails in court, the payments shall be refunded. If a writ of mandate is filed and served before expiration of the stay under this subdivision, the balance of the advanced payment shall be refunded pending the final outcome of the matter. C. The owner and keeper shall be jointly and severally liable to the City for the cost of impoundment, kenneling, euthanasia, and disposal of the dog's remains. 7.13.130 Successor owners or keepers. Any person who shall become the owner or keeper of a dog subsequent to a determination made pursuant to this chapter that the dog is dangerous shall, if he or she knows of such determination, comply with all the provisions of this chapter. 7.13.140 Licensing of dangerous dog. The owner or keeper of a dog classified as dangerous under section 7.13.080, must display on the dog's collar at all times a distinctive license tag issued by the City identifying the dog as dangerous. The license for a dangerous dog shall be issued on an annual basis. The fee for a dangerous dog license shall be those specified by resolution of the City Council. 7.13.150 Violation of chapter. Any violation of this chapter is a misdemeanor. 7.13.160 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are 18 .. severable. Section 4. The passage of this ordinance is not a "project" according to tl.e definition in the California Environmental Quality Act (CaL Pub. Res. Code * 21 000 et seq.), and is not subject to the provisions requiring environmental review. Section 5. If any portion of this ordinance or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this ordinance shall not be affected thereby and shall be enforced to the greatest extent permitted by law. Section 6. This ordinance shall take effect January 1, 2006, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City Council on the 1st day of November, 2005; and was read and adopted at a regular meeting of the City Council on the 15th day of November, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Pohlmeyer, Stegall, and Dickerson COUNCIL MEMBERS: None COUNCIL MEMBERS: Murray and Mathena COUNCIL MEMBERS: None tM~ /1, j, Dick Dickerson, Mayor Prot Tem r. (, Attest~.'r..; · " '. l' Form Approved: ~~~ Richard A. Duvernay, C' 19