HomeMy WebLinkAbout14-037 Ordinace for Spay & Neuter of Pit Bull BreedsC;I "IY o1F , ,
LAX ,E
LSI ORE
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: GRANT YATES, CITY MANAGER
DATE: MARCH 11, 2014
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, REQUIRING
THE MANDATORY SPAY AND NEUTERING OF PIT
BULL BREEDS; RESOLUTION ESTABLISHING FINES
AND PENALTIES FOR VIOLATION OF CHAPTER 6.04
OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING ANIMALS AND ANIMAL CONTROL
OFFICERS
Recommendations
Waive further reading and introduce by title only Ordinance No. 2014 -1323
adding section 6.04.235 to Chapter 6.04 of the Lake Elsinore Municipal Code
requiring the mandatory spaying and neutering of pit bull breeds, by roll call
vote.
2. Adopt Resolution No. 2014 -12 establishing fines and penalties for violation of
Chapter 6.04 of the Lake Elsinore Municipal Code Regarding Animals and
Animal Control Officers.
Background
The Department of Animal Services for Riverside County has found that Pit Bull and
Pit Bull mixes significantly impact the health and safety of residents and their pets.
Furthermore, the County's Department of Animal Services cites frequent incident
reports of human injury and death from attacks by this type of canine. For example,
on February 11, 2014 a man living in the unincorporated area of the County, near
Lake Elsinore, was hospitalized after being attacked by a Pit Bull.
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.
Ordinance Pit Bull Breeds
Page 2 of 2
Discussion
March 11, 2014
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. The proposed ordinance
mandates the spaying and neutering of Pit Bull Breeds, with reasonable exceptions
for certain cases, such as certified breeders or assistance dogs.
Violation of this ordinance is proposed to be punishable by a fine. Under Resolution
No. 2014 -12 the fines would be sequentially increased from $100 for the first
violation, a fine not exceeding $200 for the second violation and a not to exceed
$500 fine for each additional violation. The City Manager would be authorized to
amend the fine schedule for specific violations under LEMC Chapter 6.04, provided
that such fines shall not exceed the maximum fine limits established by the City
Council.
Fiscallmpact
Enforcement of this ordinance is anticipated to occur through routine duties of
Animal Control Officers. Pit Bull Breeds will be determined in the field by the best
professional judgment of the Animal Control Officer. If the owner of the dog appeals
the determination of their dog as a Pit Bull Breed, then an appeal may be submitted.
The cost to AFV of processing the appeal will be covered as "extra work" under the
existing Animal Control Field Services agreement with the City. Given this would be
a new ordinance, the number of cases that would appeal is unknown. The Animal
Control Field Services agreement is due to expire in June 2014. City Staff will
provide a report to the City Council on enforcement of this ordinance when renewal
of the Field Services agreement is agendized.
Approved by: Pat Kilroy, Director
Lake, Parks & Recreation Department
Approved by: Grant Yates, City Manager
Attachments:
• Ordinance No. 2014 -1323
• Resolution No. 2014 -12
• Press Enterprise News Article, dated February 12, 2014
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.
1
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
`a
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 day of , 2014.
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
Natasha Johnson, Mayor
City of Lake Elsinore City Council
191
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LAKE ELSINORE )
I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby
certify that Ordinance No. 2014 -1323 was introduced at a regular meeting of the City
Council of the City of Lake Elsinore on the 11th day of March, 2014, by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Virginia J. Bloom, CMC
City Clerk
RESOLUTION NO. 2014 -12
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ESTABLISHING FINES AND PENALTIES
FOR VIOLATION OF CHAPTER 6.04 OF THE LAKE ELSINORE
MUNICIPAL CODE REGARDING ANIMALS AND ANIMAL CONTROL
OFFICERS
WHEREAS, the City Council of the City Lake Elsinore has duly adopted Chapter
6.04 of the Lake Elsinore Municipal Code (LEMC) which provides, among other things,
regulations involving the control of animals; and
WHEREAS, Chapter 6.04 provides that the fines for violation of Chapter 6.04
shall be established by the City Council.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMIE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. Any person convicted of an infraction under the provisions of
Chapter 6.04 of the LEMC shall be punishable by a fine not exceeding $100.00 for a
first violation, a fine not exceeding $200.00 for a second violation of the same provision
within one year, and a fine not exceeding $500.00 for each additional violation of the
same provision within one year.
SECTION 3. The City Manager is hereby authorized to establish a fine schedule
for specific violations of the provisions contained within Chapter 6.04 of the LEMC,
provided that such fines shall not exceed the maximum fine limits set forth in Section 2
herein.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this 11th day of March, 2014
Natasha Johnson, Mayor
City of Lake Elsinore
ATTEST:
Virginia J Bloom, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Zeid Leibold, City Attorney
City of Lake Elsinore
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2014 -12 was adopted by the City Council of the City of Lake
Elsinore at a regular meeting held on the 11th day of March 2014 by the following vote:
AYES:
NOES:
-►
IW10-1-31IFAN
Virginia J. Bloom, CMC
City Clerk
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LAKE ELSINORE: Man
rescues neighbor from pit
bull mauling
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BY SARAH BURGE I STAFF WRITER I February 12, 2014; 08:42 PM Trending
A quick- thinking neighbor might just have saved the life of a 53- year -old man who was being
mauled by his own pit bulls at his home near Lake Elsinore.
Yet Ross Papesch was taken aback by all the attention he's receiving after crashing his van
through a locked, chain -link gate, startling the pit bulls and bringing a halt to the gruesome attack.
"I didn't really do anything," he said. "1 drove a van through a fence to help a guy out."
His family disagreed.
"I think my dad is freaking epic," said his 10- year -old son, Rohan. "And you can quote me on that."
Returning from work about 4:15 p.m. Tuesday, Feb. 11, Ross Papesch happened on the chaotic
scene near his home on Honey Lane in an unincorporated area near Lake Elsinore.
As other neighbors stood by, Papesch took action. The 44- year -old house painter rammed the
gate and scattered the animals.
The victim was taken to Inland Valley Medical Center in Wildomar with severe injuries to his arms,
hands and face, Riverside County sheriffs officials said. He was still in serious condition
Wednesday.
Animal control officers suspect the victim was trying to break up a fight between two male pit bulls
outside his home when the dogs turned on him, said John Welsh, spokesman for the Riverside
County Department of Animal Services.
Welsh said there four unlicensed, unaltered adult pit bulls and two pit bull puppies on the fenced -in
property, which sits along a dirt road in a semirural neighborhood northeast of Interstate 15 and
Central Avenue. At least two of the adult dogs, and perhaps more, were involved in the attack, he
said.
If it hadn't been for Papesch, Welsh said, "Who knows how long that attack would have
continued."
Papesch said was getting out of his van when heard a ruckus down the street and drove down the
block to investigate. He found two pit bulls tearing a man apart in a fenced -in front yard.
A couple of women in the yard were screaming, hitting the dogs with a broom and throwing water
on them to no avail, he said. Another neighbor was banging on the fence in an effort to distract the
animals. One of the dogs was dragging the man by the leg.
"It was a mess," he said. "I just decided I better do something."
Ramming the chain -link fencing seemed like the only option.
Papesch said he stayed with the victim until help arrived.
"I just hope he's OK," Papesch said.
Dog euthanized
Sheriff's officials said the pit bulls were shut in a trailer on the property when deputies arrived.
Two women were arrested on suspicion of interfering with deputies who were trying, for safety
reasons, to search the victim's home.
All six pit bulls were seized by animal control officers.
One of them, Goliath, a 2- year -old unneutered male, has already been euthanized, Welsh said.
The victim's roommate owned Goliath and agreed after the attack to relinquish the animal.
The victim owns the other five dogs, which are in quarantine, Welsh said.
RIVERSIDE: Man who was
stabbed to death is
identified
HEMET: Man
steals police car,
flees
LAKE ELSINORE: Dog
attack hospitalizes man
RIVERSIDE: City may hire
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parks
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RIVERSIDE: Man who was
stabbed to death is
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HEMET: Man
steals police car,
flees
LAKE ELSINORE: Dog
attack hospitalizes man
RIVERSIDE: City may hire
unarmed guards at some
parks
Featured Business
Western Municipal Water District
951- 571 -7100
Riverside Yellow Pages
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Welsh said there had been another report Jan. 5 of a pit bull biting its owner at the same property.
In that incident, too, it appears the owner had tried to break up a fight between two dogs. Animal
control officers later discovered the pit bull that bit the owner had been turned over to be
euthanized at the Wildomar shelter operated by Animal Friends of the Valleys, Welsh said.
Pit bull issues
Pit bulls and pit bull mixes in unincorporated Riverside County must be spayed or neutered under
terms of a sterilization ordinance the Board of Supervisors approved in October. The ordinance
took effect in November.
County animal control officials sought the ordinance to deal with what they said was an abundance
of pit bulls in county shelters. The breed accounts for 20 percent of all shelter dogs and 30 percent
of euthanized dogs, they said, adding that pit bulls are very difficult to find homes for.
The rule applies to pit bulls and pit bull mixes older than 4 months in the county's unincorporated
areas.
Spaying or neutering is required for the dogs to be licensed. Violators face an administrative
citation or misdemeanor. There are several exemptions, including licensed breeders, police dogs,
dogs helping the blind and disabled, and dogs deemed too sick to be sterilized.
The ordinance followed a series of highly publicized pit bull attacks against people in 2013,
including the fatal mauling of a 91- year -old woman in Hemet in February and a January attack on
an 84- year -old Jurupa Valley woman as she retrieved her mail.
In September, relatives said five pit bulls pulled 2- year -old Samuel Eli Zamudio from a window at
his grandmother's home in Colton and killed him. Colton is in San Bernardino County, which also
has a pit bull sterilization law on the books.
Also contributing to this report: Staff writers Jeff Horseman, jorseman@pe.com, and Aaron
Claverie, aclaverie @pe.com
Contact Sarah Burge at 951 - 368 -9694 or sburge @pe.com
Pit bulls in Riverside County
Pit bulls and mixes accounted for 28 percent of all dog bites in unincorporated areas in Fiscal Year
2012 -13. Chihuahuas accounted for 11 percent.
The breed accounts for 20 percent of all shelter dogs
The breed accounts for 30 percent of euthanized dogs
Avoiding dog attacks
Here are some tips for those who encounter dogs:
Do not approach an unfamiliar dog
Avoid direct eye contact with a dog
Do not disturb a dog that is sleeping, eating, or caring for puppies
Remain motionless (e.g., "be still like a tree') when approached by an unfamiliar dog
Do not pet a dog without allowing it to see and sniff you first
Do not scream or run from a dog
If knocked over by a dog, roll into a ball and be still
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