HomeMy WebLinkAboutOrdinance - 2397 - Amend Titles 1.0 and 7.0
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ORDINANCE NO. 2397
AN ORDINANCE OF THE CITY OF REDDING AMENDING
TITLE 1 (GENERAL PROVISIONS) CHAPTER 1.13
(ADMINISTRATIVE CITATIONS) SECTIONS 1.13.110, 1.13.120,
1.13.130 AND 1.13.140 OF THE REDDING MUNICIPAL CODE;
AMENDING TITLE 7 (ANIMALS) CHAPTER 7.04 (GENERAL
PROVISIONS) SECTION 7.04.010, 7.04.050, 7.04.170; CHAPTER
7.12 (DOGS) REPEALING SECTION 7.12.010 AND AMENDING
SECTION 7.12.110, CHAPTER 7.13 (DANGEROUS DOGS)
AMENDING SECTION 7.13.080, ADDING SECTION 7.13.095,
AMENDING SECTIONS 7.13.110, 7.13.120 AND SECTION 7.13.150
OF THE REDDING MUNICIPAL CODE
WHEREAS, in 2005 the City of Redding adopted new procedures and processes for the
administrative enforcement of the Redding Municipal Code, including those provisions in the
municipal code concerning animal control; and
WHEREAS, in September of2007, the City Council directed city staff to accept comments
and recommendations from interested parties for improvements to the administrative process and
the regulations pertaining to animal control and to return to Council with any proposed amendments;
and
WHEREAS, staff has consulted with members of the North State Animal Rescue Coalition,
members of the City's Administrative Hearing Board, animal control officers at Haven Humane and
city staff in coming up with proposed amendments to the Redding Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
REDDING AS FOLLOWS:
Section 1. Title I (General Provisions), Chapter 1.13 (Administrative Citations) is
amended by amending subsections A and B of section 1.13.110, amending subsection B of section
1.13.120 and amending subsection E of section 1.13.140 as follows:
1.13.110 Request for a Hearing
A. Any recipient of an administrative citation may contest that there was a violation of the Municipal
Code, or that he or she is the responsible party, by completing a Request for Hearing form and
returning it to the secretary of the Board within thirty calendar days from the date of the
administrative citation. The Request for Hearing form must be accompanied by an advance deposit ~
of the fine or notice that a request for an Advance Deposit Hardship Waiver has been filed pursuant VJ
to section 1.13.120. --Q
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8. A Request for Hearing form may be obtained from the department specified on the administrative
citation. This form shall require that the appealing party include a brief statement setting forth the
interest that he or she has in the matter relating to the citation and a brief statement, in ordinary and
concise language, of the material facts that he or she claims support any contention that no
administrative fine should be imposed or that an administrative fine of a different amount is
warranted.
1.13.120 Advance Deposit Hardship Waiver
8. A request that the City waive all or part of the advance deposit must be filed on an Advance
Deposit Hardship Waiver application form. The request must be filed with the secretary of the Board
within thirty calendar days of the date of the administrative citation. The request must include a
sworn declaration together with any supporting documentation or materials describing the cited
person's financial inability to deposit the full amount of the fine in advance ofthe hearing. The cited
person bears the burden of demonstrating to the City his or her inability to deposit the full amount
of the fine in advance ofthe hearing.
1.13.140 Hearings Conducted by the Administrative Hearings Board
E. After considering all of the testimony and evidence submitted at the hearing, the Board shall vote
to uphold or dismiss each violation in the administrative citation. Such action shall be taken only
after approval by at least two members of the Board. After voting, the Board's chairperson shall
inform the parties of the decision, and direct staff to prepare a written Administrative Enforcement
Order that meets the requirements of section 1.13.170.
Section 2. Title 7 (Animals), Chapter 7.04 (General Provisions), sections 7.04.010,
7.04.050 and 7.04.070 are hereby amended as follows:
7.04.010 Defmitions.
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 ofthe provision of Title 7 and Chapter 1.13 of this code.
"Dog" means and 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.
"Dog Exercise Area" means any fenced area or other enclosed area of a city park designated by the
city council by resolution or ordinance as an area where dogs may be off a leash.
"Domestic animal" means any animal customarily kept by humans for companionship, including,
but not limited to, dogs, 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.
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"Exotic birds" mean and include parakeets, parrots (including macaws), cockatiels, cockatoos and
similar birds.
"Kennel" means either:
I. 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" means and 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.
"Pot-bellied pig" means and 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" means and includes pigeons, chickens, ducks, geese, turkeys and all other domestic or
domesticated fowl.
"Pound" means and includes any location used for the impounding of animals by the poundmaster
of the city pursuant to the direction of the city council, and may include the animal shelter of the
county.
"Wild animal" means and 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 manunal which can normally be found in the wild state and is not typically domesticated
in California.
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 ofthe owner or keeper or within a designated Dog Exercise Area. Violation
ofthis section shall be a misdemeanor and also subject to administrative enforcement pursuant to
Chapter 1.13 of this code.
7.04.170 Violations.
Any violation of Sections 7.04.030, 7.04.040, 7.04.050 or 7.04.100 of this chapter constitutes a
misdemeanor. Any violation of any other section in this chapter constitutes an infraction.
Section 3. Title 7 (Animals), Chapter 7.12 (Dogs), section 7.12.010 is repealed in its
entirety.
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Section 4.
follows:
Title 7 (Animals), Chapter 7.12 (Dogs), section 7.12.110 is amended as
7.12.110 Tag-Attachment required.
Dog tags shall be securely affixed to a collar, hamess or other device and shall at all times be worn
by the dog.
Section 5. Title 7 (Animals), Chapter 7.13 (Dangerous Dogs) is amended by amending
subsection E and G and adding new subsections H and I to section 7.13.080, adding new section
7.13.095, amending the introduction and subsection 8.1 of section 7.13.100, amending subsections
A. 1.5, A.1.6, A.l.7 and A.l.10 and adding new subsection A.l.15 to section 7.13.110, amending
subsection B of 7.13 .120 and section 7.13 .150 as follows:
7.13.080 Dangerous dog classification procedure.
E. The owner or keeper of the dog shall be served with notice ofthe hearing as provided by Section
7.13.060 of this chapter. 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
detennination supported by the weight ofthe 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 detennination shall be served on both the owner and the keeper as provided in Section
7.13.060(B) of this chapter.
G. The written detennination shall include a finding of whether the dog is dangerous. If the written
detennination includes a finding that the dog is dangerous, the hearing officer or board shall either:
(1) specify conditions pursuant to Section 7.13.0110 of this chapter under which the dangerous dog
may be maintained, or (2) order destruction of the dangerous dog pursuant to Section 7.13.120 of
this chapter.
H. The written determination shall include a finding as to whether reckless or negligent conduct by
the owner or keeper was the cause of, or partial cause of, the incident giving rise to the dangerous
dog classification. In any case where such a finding is made in the affinnative, an administrative fine
may be imposed in an amount up to $1,000 as detennined appropriate by the hearing officer or
board.
1. The written detennination shall include a finding as to whether that grossly reckless or grossly
negligent conduct by the owner or keeper was the cause of, or partial cause of, the incident giving
rise to the dangerous dog classification. In any case where such a finding is made in the affirmative,
the owner or keeper may be ordered by the hearing officer or board not to possess any or to be
limited in the number of dogs he or she may possess for a period of up to three years.
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7.13.095 Aggravating circumstances
Before classifYing a dog dangerous, the hearing officer or board may consider the following factors
related to the location and situation of the incident and the aggression exhibited by the dog. The
location, situation and aggression factors described in this section are ranked from low to high. The
existence or rank of aggravating 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. Location Relevance.
1. Victim uninvited on property.
2. Victim invited on property.
3. Dog off property, on leash.
4. Dog off property, offleash, owner present.
S. Dog off property, off leash, owner absent.
B. Situation Relevance.
1. Dog chasing, harassing or worrying waterfowl/small animals.
2. Dog chasing, harassing or worrying livestock.
3. Dog attacking waterfowl/small animals.
4. Dog attacking livestock.
S. Dog attacking dogs/cats.
6. Dog threatening human adults.
7. Dog threatening human children.
8. Dog attacking human adults.
9. Dog attacking human children.
C. Aggression Severity.
1. Bark.
2. Growl.
3. Snap/lunge - no contact.
4. Bite and release leaving no marks.
5. Bite and release leaving marks with no broken skin.
6. Bite and release leaving a scratch.
7. Bite and release leaving 1-4 punctures.
8. Bite and release leaving 1-4 punctures plus lacerations.
9. Multiple bite attack.
10. Bite without releasing with punctures/lacerations.
11. Severe mauling.i
12. Fatality.
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7.13.100 Mitigating circumstances
Before classifying a dog dangerous, the hearing officer or board shall consider the following
mitigating circumstances, if shown to exist by a preponderance of the evidence. 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.
S. The animal was:
I. Threatening or attacking the dog when it was injured or threatened by 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:
5. The dog shall not be allowed to have contact with children that are younger than eleven years of
age, unless the person is a resident, relative or regular invitee on the premises where the dog is kept.
6. If the owner or keeper of the dog is also the owner of the premises where the dog is maintained,
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 fifty
thousand dollars nor more than three hundred thousand dollars. If the owner or keeper of the dog is
not the owner of the premises where the dog is maintained, the owner of the dog shall be required
to provide a copy of the written determination and order of the hearing officer or board to the owner
of the property and to show proof of having given that notice.
7. A dangerous dog shall be spayed or neutered, at the owner's expense, within ten business days of
a final determination that the dog is dangerous.
10. The owner or keeper of the dog must, within ten business days of a final determination that the
dog is dangerous dog, obtain an identification microchip embedded under the dog's skin.
IS. If the dog is impounded pending a dangerous dog hearing, all conditions imposed by the hearing
officer or the board shall be satisfied prior to the dog being returned to the owner.
7.13.120 Destruction of dangerous dogs-Request for temporary stay pending judicial review.
S. A dog owner or keeper may request a temporary stay of the destruction of his or her dog pending
the filingofa 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.
7.13.150 Violation of chapter.
Any violation of this chapter or any order issued by a hearing officer or hearing board pursuant to
this chapter is a misdemeanor.
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Section 6. The passage of this ordinance is not a "project" according to the definition in
the California Environmental Quality Act, and therefore is not subject to the provisions requiring
environmental review.
Section 7. This ordinance shall take effect 30 days after the date of its adoption, and the
City Clerk shall certify to the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council at a regular meeting on the 2nd day of October, 2007; and was duly read and adopted at a
regular meeting on the 16th day of October, 2007, by the following vote:
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CONNIE STROHMAY , -
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AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Jones, Murray, Stegall, and Dickerson
None
None
None
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DICK DICKERSON, Mayor
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APPROVED AS TO FORM:
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RICHARD A. DUVERNAY, C"
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