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HomeMy WebLinkAboutOrdinances_2135_CCv0001.pdf ORDINANCE NO. 2135 AN CLQ' OF CITY OF ILA S AMENDING CHAPTER 6.04 GF THE REDLANDS MUNICIPAL CODE AND ADDINGA NEW CHAPTER 6.05 RELATING TO VICIOUS AND PMENTIALLY DANGEROUS DOGS WHEREAS, the City of Redlands currently has provisions in its municipal code regarding the quarantine of a vicious dog; and WHEREAS, this City Council is desirous of amending its municipal code to conform to the provisions of Sections 31602 and 31613 of the California Food and; Agricultural, Code which provide categories of a dangerous dog classified as a "potentially dangerous dog and a "vicious dog"'; and WHEREAS, this City Council is further desirous of amending its municipal cede to conform to the provisions of Sections 31601-31683 of the California: food and Agricultural Code so that an administrative hearing process may be conducted by city officials to determine whether a dog should he classified as a vicious or potentially dangerous clog; Be it ordained by the City Council of the City of Redlands as follows: Section 1. Section 6.04. 200 of the Redlands Municipal Code is hereby deleted.. Section; 2. Chapter 6.05 of the Redlands Municipal: Code is herea.dded to read as follows. 'VICIOUS AND POTENTIALLY DANGEROUS DOGS Sections.- 6.05.010 ections.6.45.010 Potentially dangerous dog -- Defined. 6.0 .020 Vicious dog --- defined. 6.45 .030 Severe injury` __ Defined. 6.45.444 Impounded _- Defined. 6.4`5.E050 Animal Control Board. 6.45.460 Hearing on declaration of dog as potentially dangerous or vicious. 6. 5.070 Determination and orders, Notice;, Compliance. { 6.05.080 Appeal. 6.05.090 Seizure and impoundment pending' hearing. 6.05. 100 Circumstances under which dogs may not be declared potentially dangerous or vicious. 6.05.110 Potentially dangerous designation maintained in registration records. 6.05.120 Keeping and controlling potentially dangerous dogs. 6.05. 130 Death, sale, transfer or ;permanent removal Notice. 6.05. 140 Removal from list of potentially dangerous dogs. 6.05.150 Destruction; nondestruct on conditions; enclosures . 61.05.160 Prohibition of owning, possessing, controlling or having custody. 6.05.170 Fines and limits. 6.05.180 Forms,. Sed. 6.05-010 Potentially dangerous do _- rye ine . 'Potentially dangerous dog' means any of the fallowing. (a) Any dost which, when unprovoked-, on two separate occasions within the prior 6µ-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. (b) Any drag which, when unprovoked, bites a person causing a less severe injury than as defined in Section 6.05.030.: (c) Any dog which, when unprovoked', on two separate occasions within the prior 36-month period, has killed seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. Sec. 6.05.020 vicious do -- aefined. 'Vicious dog ' means any o the ollowing (a) Any dog seized under Section 599aa of the California Penial. Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597. 5 of the Penal Code. (b) Any dog which, when unprovoked, in an aggressive manner,, inflicts severe injury on or kills a human being. e -2 (c) Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in, Section 6. 05. 010 or is maintained in violation of Section, 6 .05.110, 6.05. 120 or, 6. 0 . 11 . Sec. 6.05.030 Severe injury Defined. ' Severe injury' means any physic- al injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures, or corrective or cosmetic surgery. Sec. 6.05 -040.5 .040 . Impounded --- Defined. ' Impoun ed' means taken into the custody of the public pound or ;animal control department of provider of animal control services to the City of Redlands. Sec. 6. 05 .050 animal Control. Board. There is here y created an Animal. Control Board to administer the provisions of this Chapter .: The Board shall be made up of three members, and include three city administrative managers designated by the City Manager. Sec. 6.05 .060 - Hearing on declaration of do as potentially dangerousor vicious. If an animal control officer or a lair enforcement officer determines that probable cause exists to believe a dog is potentially dangerous or vicious, the chief officer of the public pound or animal control department or his or her immediate supervisor, or the Chief of Police, or: his or her designee, shall file a petition with the Animal Control Board for a hearing to determine whether of not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public shall be sworn to and verified by the complainant and attached to the petition. The Animal: Control Board shall notify the owner or 'keeper of the dog that it will Meld a hearing and that the owner or keeper may present evidence at the hearing. The Animal Control Board shall serve upon the owner or keeper of the dog the notice of the hearing and a copy of the -3- petition either personally or by first-class mail with return receipt requester The hearing shall be open to the public and held not less than five (5) working days nor more than ten (10) working days after service of the notice upon the owner or keeper of the dog. The Animal Control Board may admit all relevant evidence, including incident reports and affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The Animal Control Hoard may decide all issues even if the owner or keeper fails to appearat the hearing . The Animal Control Hoard may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this Chapter . Sec. 6.05.07€ Determination and larders; Notice; Com l ante. Ater the hearing conducted pursuant to Section 6.05.060, the Animal Control Board shall, either personally or by first-class mail, postage prepaid, notify the owner or keeper of the dog in writing of the determination and orders issued. 1f the Board determines that the dog is poten- tially dangerous or vicious, the owner or keeper shall comply with Sections 6.05.1:10 to 6.05. 160 within ten _10) days after the date of the determination-. Sec. 6.05.080 ! ' eal . It any party contests the determination, he may, within five ( 5) days of the receipt of the notice of determination, appeal the Animal Control Board' s decision to the Redlands Municipal Court. The person appealing the decision shall: serve personally or by first-class mail, postage prepaid, notice of the appeal: upon the other party. The appeal shall be conducted pursuant to California Food and Agricultural Code Sections 31622, 31623, and 31624. Sec. 6.15.090 Seizure and impoundment pending hearing. It the animal control officer or law enforce- ment officer determines that probable cause exists to believe the dog in question lapses an immediate threat to public safety, he or she may seize and impound the dog pending the hearings held pursuant -4- to this Chapter . If the dog is later adjudicated potentially dangerous or vicious, the owner or keeper of the dog will be liable for costs and expenses of impounding the dog. if the chief animal control officer determines that the impoundment is not contrary to public safety, he or she shall permit the animal to be confined in a city-approved kennel or veterinary facility, at the owner ' s expense- Sec. 6.05.100 Circumstances under which dos may not be declared otentiall aangerous or vicious. The Animal Control Hoard may not declare the dog potentially dangerous or vicious if the dog inflicted injury or damage to a person committing a wilful trespass or other tart upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the, dog, or was committing or attempting to commit a crime. The dog may not be declared potentially dangerous or vicious if it was protecting or defending a person within the dog' s immediate vicinity from an unjustified attack or assault. A dog may not be declared potentially dangerous or vicious if the injury or damage was sustained by a domestic animal which was teasing, tormenting, abusing or assaulting the dog. A dog may not be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hurting dog, herding dog, or predator control; dog on the property of or under the control of :its owner or keeper, and the damage or injury was to a type of domestic animal appropriate to the dog's: work. Sec. 6.05.110 potentiall dangerous desi nation mai tamed In re istratlon records. twithstanding the provisions of Chapter 6.04 regarding licensing and vaccination, all potentially dangerous dogs shall be properly licensed and vaccinated. A dog determined to be potentially dangerous must have that designation in its registration records. The City may charge a potentially dangerous dog .fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. -5- Sec. 6.05.120 Keeping and controlling potentially angerous 3 The owner or keeper of ,a potentially dangerous dog must keep the dog indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. A potentially dangerous dog may be off the owner 's or keeper ' s premises only if it is restrained by a substantial leash of appropriate length and if it is under a responsible adult 's control. Sec. 6 05.130 heath, sale,, transfer or permanent removal, Notice. The yawner or keeper of a potentially dangerous dog must notify the animal control department if the potentially dangerous dog dies, is sold, transferred, or permanently removed from the City of Redlands. Sec. 6.05.140 Removal from list of otehtiall serous dogs. The Animal Control ;Board shall remove a dog from the list of potentially dangerous dogs if no additional instances of behavior described in Section 6. 05. 310 occur within a thirty-six-month period from the date of designation as a; potentially dangerous dog. Sec. 6.05.150 Destruction, nondestruction con atrons, enclosures. A vicious dog may be destroyed if the Animal; Control Board determines that the release of the dog would create a significant threat to the public health, safety and welfare. if the Hoard determines that, the vicious dog should not be destroyed, it must impose conditions upon the dog's owner or keeper that will protect the public health, safety and welfare,. If one of the conditions is to require that the vicious, dog be confined in an enclosure, the enclosure must be designed in order to prevent; the animal from escaping and include a fence or structure suitable to prevent young children from. entering. Sec. 6. 05. 1603 Prohibition of ownin , possessing, controlling or' having custody. The City of Re lands may prohibit the owner of a vicious dog from owning, possessing, controlling or having custody of any dog for a period of up to three years when the Animal Control Hoard finds, after proceedings conducted -6- under Sections 6.0 ►.0 0 to 6.0 . 100 that such ownership or possession would create a significant threat to the public health, safety and welfare* Sec. 6.05. 170 Fines and limits. Any M;lati5n of thls Chapter involving a potentially dangerous dog shall be punishable by a tine not to exceed Five Hundred Dollars ($500.00) . Any violation of this Chapter involving a vicious dog shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00) . Sec. 6.05. 180 Forms. All forms prepared by the Judicial Counsel pursuant. to California Food and Agricultural Code Section 31682 shall be used to give effect to this Chapter. Section 3.. The City Clerk shall certify to the adaption of this ordinance and cause it or a summary of it to be published once in the Redlands Daily Facts, a news- paper of general circulation printed and published in the City. . ATTEST: C1y Clerk, CX of Redlands __ , Lorie Foyzer,; City Clerk, City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting therefor held on the 4th day of er r 1990 AYES: Councilmembers Beswick, Cunningham, Larson, Milson; Mayor DMirjyn_ ► . None ASSENT: None ABSTAINED. None> Lire yer, City of, Redland