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HomeMy WebLinkAboutOrdinances_2796_CCv0001.pdf ORDINANCE NO. 2796 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 6.05 OF THE REDLANDS MUNICIPAL CODE RELATING TO POTENTIALLY DANGEROUS OR VICIOUS DOGS THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. Chapter 6.05.060 of the Redlands Municipal Code, entitled"Hearing on Declaration of Dog as Potentially Dangerous or Vicious," is hereby amended to read as follows: "6.05.060: HEARING ON DECLARATION OF DOG AS POTENTIALLY DANGEROUS OR VICIOUS: A. If an animal control officer or a law 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 either: (1)on a form prescribed by the City,obtain the written acknowledgement of the owner of the dog that such dog is potentially dangerous or vicious as defined by this chapter, and the owner's written consent to comply with the requirements of sections 6.05.110 to 6.05.160 of this chapter,and any conditions imposed by the City pursuant to such sections,within ten (10)days of the date of the determination; or(2) file a petition with the animal control board for a hearing to determine whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible,any complaint received from a member of the public that a dog might be potentially dangerous or vicious shall be sworn to and verified by the complainant and attached to the petition. B. The animal control board shall notify the owner or keeper of the dog that it will hold 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 petition either personally or by first class mail with return receipt requested. 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 board may decide all issues even if the owner or keeper fails to appear at the hearing. The animal control board may find, upon a preponderance of the evidence,that the dog is potentially dangerous or vicious and make other orders authorized by this chapter." 1:kec1eWx0rdmanmXNos 2700-2799 in Word12796 Amending 6 05 dangerous dogs.final.doc Section 2. The City Council of the City of Redlands hereby determines that the adoption of this ordinance is exempt from review under the California Environmental Quality Act ("CEQA")pursuant to State CEQA Guidelines Section 15061(b)(3). Section 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with law. '7 Pete Aguilla/r,Mayor ATTEST: Sam Irwin,Ci Jerk 1, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the forejoZg ordinance was adopted by the City Council at a regular meeting thereof held on the 17 y of September, 2013, by the following vote: AYES: Councilmembers Harrison, Foster, Gardner, Gilbreath; Mayor Aguilar NOES: None ABSENT: None ABSTAIN: None Sam Irwin, City Clerk L\cclerk"OrdinancesNos 2700-2799 in Word\2796 Amending 6 05 dangerous dogs,final.doc 2