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HomeMy WebLinkAbout14-053 Sec Reading & Adop. Ord. 2014-1323CITY OF LADELSINORT DREAM EXT'aEME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: VIRGINIA J. BLOOM, CITY CLERK DATE: MARCH 25, 2014 SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2014 -1323 Recommendation It is recommended that the City Council waive further reading and adopt by title only ORDINANCE NO. 2014 -1323, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUIRING THE MANDATORY SPAYING AND NEUTERING OF PIT BULL BREEDS, by roll -call vote. Discussion The above - referenced Ordinance was introduced at the regular Council meeting of March 11, 2014, relating to the mandatory spay and neutering of Pit Bull dogs. It is now being presented for second reading and adoption by title only. Prepared by: Virginia J. Bloom, City Clerk Approved by: Grant Yates, City Manager Attachment: Ordinance No. 2013 -1323 ORDINANCE NO. 2014 -1323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUIRING THE MANDATORY SPAYING AND NEUTERING OF PIT BULL BREEDS WHEREAS, in recent years, pit bulls comprise a disproportionately high number of unwanted dogs in the County of Riverside generally, accounting for twenty percent (20 %) percent of shelter dogs and thirty percent (30 %) of dogs euthanized in the County of Riverside; and WHEREAS, while the majority of pit bull owners are responsible and take appropriate measures to ensure that their dogs do not have unwanted offspring, there is a need to mitigate the large number of unwanted pit bulls in the City; and WHEREAS, restricting the maintenance of and breeding of intact pit bulls and requiring the spaying and neutering of pit bulls will not prevent responsible pet owners and pet breeders from owning, breeding, or showing pit bull breeds; and WHEREAS, this Ordinance is adopted pursuant to California Health and Safety Code section 122331, which authorizes cities and counties to enact mandatory breed specific spay /neutering programs. THE CITY COUNCIL OF THE CITY OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6.04.235 is hereby adopted as follows: 6.04.235 Mandatory Spay and Neutering of Pit Bull Breed Dogs. A. No person shall own or possess a pit bull over the age of four (4) months that has not been spayed or neutered, except as provided for in Section 6.04.235.C. B. For purposes of this chapter, "pit bull" means Staffordshire Bull Terrier, American Pit Bull Terrier, or American Stafford Terrier breed of dog, or any mixed breed of dog which contains, as an element of its breeding, any of these breeds so as to be identifiable as partially of one or more of these breeds. C. Exemptions. The following pit bulls are exempt from the regulations described in this Section 6.05.235: 1. A currently licensed pit bull (a) in which the owner or custodian has provided verification that the pit bull is registered with the American Kennel Club, the United Kennel Club or other appropriate registry, and (b) the owner or custodian possesses a current dealer's license from the U.S. Department of Agriculture's Animal and Plant Health Inspection Service. 2. A pit bull that has been appropriately trained and is actually being used by a public law enforcement agency for law enforcement purposes. 3. A pit bull that is an assistance dog as defined in California Food and Agricultural Code section 30850. 4. A pit bull which has been certified by a licensed veterinarian as having a health reason for not being spayed /neutered. 5. A pit bull which is in training at a licensed kennel and is currently licensed by the owner or custodian in another jurisdiction. The owner or custodian of the pit bull has the burden of showing that the pit bull is licensed in another jurisdiction. D Determination of Breed. 1. Upon the request of any person, including the Animal Control Director, or upon the Animal Control Officer's own initiative, the Animal Control Officer will determine whether a dog is a pit bull that has not been spayed or neutered in violation of Section 6.04.235.A. 2. The dog owner or custodian may appeal a determination issued pursuant to subsection 6.04.235.D.1 by filing a written request for appeal with the Animal Control Agency within ten days after notice of the determination is mailed to the owner or custodian. No provision herein shall prohibit personal service. The determination by the Animal Control Officer is deemed final if a timely appeal is not received by the Animal Control Agency. The appeal shall be heard within thirty days after the Animal Control Agency's receipt of the request for appeal. The Animal Control Agency shall mail written notification to the owner or custodian of the date, time, and place of the hearing, at least ten days prior to the hearing date. Failure of the owner or custodian or agent to appear at the hearing will result in forfeiture of the right to a hearing. 3. The hearing may be informal and the rules of evidence not strictly observed. The hearing shall be conducted by a hearing officer designated by the Animal Control Agency. The determination of the hearing officer shall be final. 4. The Animal Control Agency shall mail written notification of the appeal determination to the owner or custodian of the dog within ten days after the hearing. 5. If the written notification of the appeal determination confirmed that the dog is an unaltered pit bull kept in violation of Section 6.04.235.A, the owner or custodian of the pit bull shall submit written documentation to the Animal Control Agency confirming compliance with Section 6.04.235.A within fifteen days of the Animal Control Agency mailing the notice of determination. Alternatively, if the pit bull has been moved to a location outside of the City's jurisdiction, within fifteen days of the Animal Control Agency mailing the notice of determination, the owner or custodian shall provide the Animal Control Agency with the new location of the pit bull, the current owner or custodian's name, and the telephone number and address of the owner or custodian. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 11th day of March, 2014, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 25th day of March, 2014. Natasha Johnson, Mayor City of Lake Elsinore City Council ATTEST: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney CITY OF LAKE ELSINORE ITIUMiMA 011111►Ti1 TO: Commissioner Ross Commissioner Sund Commissioner Gregory Commissioner Stewart FROM: Virginia J. Bloom, City Clerk DATE: March 17, 2014 SUBJECT: Ethics Training AB 1234 Assembly Bill 1234 which was signed into law on October 7, 2005, requires public officials to complete an ethics training course every two years; and within the first 12 months upon the swearing into office. We ask that you please complete this training and file your certificate of completion with the City Clerk's Department within the first three months of your appointment. As advised, that the training is a two hour session that can be taken on line, free of charge, on the FPPC website at www.fppc.ca.gov /ethics. Upon completion of the training, please print out the Proof of Participation Certificate, sign it and file it with the City Clerk's Department. The City Clerk's Department is required to maintain a record of the dates that local officials satisfied the requirement of AB 1234. If you should have any questions, please do not hesitate to give me a call at (951) 674- 3124 ext. 262, or you may contact the FPPC directly at 1 (866) 275 -3772.