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HomeMy WebLinkAboutItem No.33TO: FROM: DATE: SUBJECT: CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL MAYOR AND CITY COUNCIL RON MOLENDYK, CITY MANAGER JULY 27, 1993 ORDINANCE REGULATING CONTROL OF VICIOUS AND POTENTIALLY DANGEROUS DOGS Currently, the determination of vicious and potentially dangerous dogs has been decided by the City Council through a Public Hearing at regularly scheduled City Council meetings. In Fiscal Year 1993, two public hearings (Perry,.August; and Triana, June) have been held which resulted in the determination that both dogs were vicious and potentially dangerous resulting in their euthanization. DISCUSSION The new ordinance will provide a "fast - track" system of dealing with potentially vicious and dangerous animals as public hearings can be held by the City Manager 'or his designee, -or a_ panel appointed by the City Manager within no less than five. (5) days or nor than ten (10) working days after service of notice of public hearing to the owner, -or keeper of.-the dog. The proposed ordinance, as drafted by the City Attorney, provides due process for the owners of the animal in question as well as the animal itself. The ordinance provides clear guidelines as to purpose, definition, and the hearing process. The ordinance also allows for the recovery of costs born for containment of .the.. animal.during the process. FISCAL IMPACT None RECOMMENDATION_ It is recommended the Mayor and the City Council approve for first reading City Ordinance No. (,l governing the regulation and control -of vicious and potentially dangerous dogs. PREPARED BY: 1 11 APPROVED BY: APPROVED FOR AGENDA LISTING ccrprt.52 David W. Sapp, Community Services Directorer /��'D� M ORDINANCE NO. 3—P AN ORDINANCE OF CITY OF LAKE ELSINORE GOVERNING s THE REGULATION AND CONTROL OF VICIOUS AND POTENTIALLY DANGEROUS DOGS i I WHEREAS; the necessity for the regulation and control of vicious and potentially dangerous dogs is a significant problem within the City of Lake Elsinore, as evidenced by the incidence ` of numerou injuries and threats of injury, by unrestrained dogs; ,and WHEREAS, there is a significant threat to public health and safety posed by such vicious or potentially di ngerous dogs; j NOW, therefore it is hereby ordained as follows: SECTION 6i 15.010 PURPOSE. The declared purpose of this chapter is to adequately address the threat to public health and safety posed lby vicious and potentially dangerous dogs by providing a means of regulation and control thereof. btl:11VN tl:1J.VLV 1Jr1r11N111VNb. - (1) "Potentially dangerous dog" means any of the following: (a) Any dog which, when unprovoked, on two separate occasions within the prior 36 -month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury wheni'ithe person and the dog are.off the property of.the owner or keeper of the dog. (b) Anyi�dog which, when unprovoked, bites a person causing a less.severe injury than as defined in herein. (c) Any dog which, when unprovoked, on two separate occasions within the prior 36- month, period, haslikilled, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. 33 _... (2) "Vicious dog" means any of the following: (a) Any dog seized under Section.599(a) of the Penal 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. (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 6.15.020 (1) or is maintained in violation of this chapter. _ (3) "Severe Injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. (4) "Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Section 597(t) of the Penal Code. (5) "Impounded" means taken into the custody of the animal control department or provider of animal control services to the City. M• 1l- •► •: 1► If an animal control officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the chief officer of the animal control department or the provider of animal control services, or his or her designee, shall petition the City Council for a hearing for. the purpose of determining 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 which serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The chief officer of the animal control department or the provider of animal control services shall notify the owner or keeper of the dog that a hearing will be held pursuant to this Chapter, at which time he or she may present evidence as to why the dog should not be declared potentially dangerous or vicious. The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by fast -class mail with return receipt requested. The hearing shall be held promptly within no less than five working days or nor more than 10 working days after service of notice upon the owner or keeper of the dog. The hearing shall be open to the public. Hearings pursuant to this Chapter shall be held by the City Manager or his designee, which shall not be the Animal Control. Officer, but may be a panel appointed by the City Manager from City Council, Staff or City residents. F. After the hearing conducted pursuant to this Chapter, the owner or keeper of the dog shall be.notified in writing of the determination and orders issued, either personally or by first - class mail postage prepaid hearing entity. If a determination is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with Section 6.15.080 in accordance with a time; schedule established by the chief officer of the animal control department or the provider of'animal control service, but in no case more than 30 days after the date of the determination or 35 days if notice of the detennirtadon is mailed to the owner or keeper of the dog. If the `petitioner or the owner or keeper of the dog contests the determination, he or she may, within '!five days of the receipt of the notice of determination, appeal the decision to the City Council, who shall provide notice and hold a hearing pursuant to the requirements of Section 16.15.030: The petitioner or the owner or keeper of the dog shall serve personally or by first - class! mail, postage prepaid, notice of the appeal upon the other party. The hearingl'body may decide all issues for or against the owner or keeper of the dog even if the owner o` keeper fails to appear at the hearing. (1) If upon investigation, it is determined by, the animal control officer or law enforcement officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the dog pending the hearings to be held pursuant to this Chapter. The owner or keeper of the dog shall be liable to the City for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious. (2) When a dog has been impounded pursuant to subdivision (1) and it is not contrary to public safety, the chief animal control officer shall permit the animal to be confined at the owner's expense in a department approved kennel or veterinary facility. (1) No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by�la person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon 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. N81 dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if any injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog. ;..._ . 33 (2) No dog may be declared potentially dangerous or, vicious .if, the injury-or damage to a domestic animal was sustained 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 damage or injury was to a species or type of domestic animal appropriate" to the work- of the dog. c SECTION 6 15 080 DISPOSITION OF POTENTIALLY DANGEROUS OR VICIOUS DOG. (1) All potentially dangerous dogs shall be properly licensed and vaccinated. The City . shall include the potentially dangerous designation in the registration records. of the dog, eith er after the owner or keeper of the dog has agreed to the designation or the fiearing body has determined the designation applies to the dog. The City by resolution -may establish and collect 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. (2) A potentially dangerous dog, while on the owner's property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A potentially dangerous animal may be off the owner's premises only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult. (3) If the dog in question dies, or is sold, transferred, or permanently removed from the City, the owner of a potentially dangerous dog shall notify the animal control department of the changed condition and new location of the dog in writing within two working days. (4) If there are no additional instances of the dangerous or vicious behavior described within a 36 -month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the 36- month period if the owner or keeper of the dog demonstrates to the animal control department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety. • �,• . y• �•. •. •. •__ �• .qtr• . .• •.i•rr• (1) A dog determined to be a vicious dog may be destroyed by the animal control department or the provider of animal control services when it is found, after a hearing conducted pursuant to this chapter, that the release of the dog would create a significant threat to the public health, safety, and welfare. (2) If it is determined that a dog found to be vicious shall not be destroyed, the hearing body shall impose conditions upon the ownership of the dog that protect the public health, safety, and welfare. (3) Any enclosure that is required pursuant to subdivision (2) shall meet the requirements of Section 16.020C(4). 33 The ;owner of a dog determined to be a vicious dog shall be prohibited by the City from . owning, possessing, controlling, or having custody of any dog for a period of up to three years, when it is! found, after a hearing conducted pursuant to this Chapter, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare. SECTION 16.15.110 COSTS. The costs incurred by the City or the provider of animal . control services in implementing this chapterIlincluding any costs of impoundment and \or destruction shall be charged against the owner or custodian of the dog declared to be potentially dangerous or vicious. If the owner or. , custodian ofd the dog fails to pay such charges, said charges maybe imposed as, a lien on any property owned by said owner or custodian. :i i i I s m C "L.E.A.F." Lake Elsinore Animal friends Post Office Box 1143 Lake Elsinore, CA 92530 (714) 674 -0618 TO: DICK WATENPAUGH FROM: WILLA BAGWELL, LAKE ELSINORE ANIMAL FRIENDS INC. DATE: DECEMBER 28, 1992 SUBJECT: PITBULLS WITHIN THE CITY LIMITS I have been in contact with several organizations that are sending information regarding the strengthening of the cfavor ordinances regarding aggressive dogs. We are highly in of enforcing stricter ordinances with potentially dangerous dogs. We have been following the Torres Law in regards to potentially dangerous dogs, which does not make a bite necessary to deem the dog dangerous ( such as the case on Racquet Club Way). Our main concern is public safety. As soon as I receive the information that I am waiting for I will send our recommed ation. We look forward to working with you at a study session to set guidelines for the prevention of dog bites. I spoke with the American Humane Association and was told that a city or county can make stricter laws than the state laws, however they cannot take away a state law that is written. This applies to restricting Pitbulls in State Food & Agriculture Code # 31683. I provided the city with a copy of this law last month. It states " no program shall regulate these dogs in a manner that is specific to breed "'' i i �r