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Ordinance No. 783 - Animal Control and Care RegulationsORDINANCE NO. 783 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING ANIMAL CONTROL AND CARE REGULA- TIONS RELATING TO POTENTIALLY DANGEROUS AND VICIOUS DOGS THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 3606 of the Rosemead Municipal Code is hereby repealed. Section 2. New Chapter 6.5 POTENTIALLY DANGEROUS AND VICIOUS DOGS (sections 3650-3667 ) is hereby added to the Rosemead Municipal Code to read as follows: Chapter 6.5 POTENTIALLY DANGEROUS AND VICIOUS DOGS • Sections 3650 Declaration of public nuisance. 3651 Definitions. 3652 Procedure for declaring dog potentially dangerous and/or vicious. 3653 Administrative hearing by City Manager or designee of City Manager. 3654 Appeal procedure. 3655 Licensing and vaccinating. 3656 Seizure and impoundment. 3657 Cost assessment when animal seized. 3658 Identification and sterilization requirement for vicious dogs. 3659 Procedure for destruction. 3660 Restraint or enclosure. 3661 Posting of property where potentially dangerous or vicious dogs are maintained. • 3662 Notice of disposal or escape. 3663 Owners to permit compliance inspections. 3664 Removal from list of potentially dangerous dogs. 3665 Unlawful to own, harbor or keep dog found by another jurisdiction to be potentially dangerous or vicious. 3666 Keeping by minors prohibited. 3667 Penalty. 3650 Declaration of public nuisance. It is the purpose and intent of this section to establish procedures pursuant to Food and Agricultural Code Section 31601 et seq. to deal with potentially dangerous and vicious dogs. Potentially dangerous and vicious dogs have become a serious threat to the safety and welfare of the citizens of this city. Attacks by potentially dangerous and vicious dogs on human beings and domestic animals are attributable to the failure of owners to register, confine and properly control vicious and potentially dangerous dogs. Potentially dangerous and vicious dogs are declared a public nuisance. 3651 Definitions. For the purposes of this chapter, the words set out in this section shall be defined as follows. (a) "Potentially dangerous dog" means one or more of the following: (1) Any dog which, when unprovoked, engages in any behavior which 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; or • (2) Any dog which, when unprovoked, bites a human being; or (3) Any dog which, when unprovoked, 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; or (4) Any dog which, when unprovoked, chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack; or (5) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or domestic animals; or • (6) Any dog which on three separate occasions within a twelve-month period has been observed to be unrestrained off its owner's premises by an animal control or code enforcement officer of the city, or which has been apprehended and/or impounded on three such occasions for being unrestrained or uncontrolled off its owner's premises; or (7) Any dog which engages in or is found to have been trained to engage in exhibitions of fighting. (b) "vicious dog" means one or more of the following: (1) Any dog seized under Section 599 (aa) 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; or (2) Any dog which, when unprovoked, in an aggressive manner inflicts severe injury on or kills a human being. 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; or (3) Any dog previously determined to be currently listed as a "potentially dangerous dog" which, after its owner or keeper has been notified of its determination, continues the behavior described in subsection (a) of this section, or any dog previously determined to be a currently listed as a potentially dangerous dog, which is not properly licensed and vaccinated, not properly restrained and/or not properly maintained on the owner's property. 3652 Procedure for declaring dog potentially dangerous and/or vicious. (a) 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 his or her designee, shall set a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious. (b) The chief animal control officer shall notify the owner or keeper of the dog that an administrative hearing will be held by the city, at which time the owner may present evidence as to why the dog in question should not be declared potentially dangerous or vicious. (c) The owner or keeper of the dog shall be served with notice of the hearing, either personally or by first class mail, or by certified mail at the owner's last known address, not less than five days before the time set for hearing. Service shall be deemed complete at the time notice is personally served or deposited in the mail. • (d) Failure of any person to receive notice shall not affect the validity of any proceedings under this chapter. (e) The hearing shall be open to the public. (f) The City Manager or other person designated by the City Manager shall conduct the administrative hearing. (g) Notice shall be substantially in the form set forth below: Notice of Administrative Hearing re: Determination and Disposition of Potentially Dangerous or Vicious Dog. This is a Notice of Hearing before the Rosemead City Manager or his designee, to determine whether your dog (name of dog - describe if available) is a potentially dangerous or vicious dog. If your dog is found to be a potentially dangerous and/or vicious dog as defined by Rosemead Municipal Code Section 3650 et seq., the City Manager or other person designated as Hearing Officer, may issue any one or more of the following orders: (1) The dog shall be properly licensed and vaccinated; (2) The dog shall be maintained on owner's property and 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. The dog may not be off the owner's premises unless 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 shall notify the City of Rosemead of the changed condition and new location of the dog within two days in writing; (4) The dog shall be destroyed; (5) Owner shall pay any and all costs incurred by the City in the administration of Rosemead Municipal Code Section 3650 et seq., including but not limited to, costs incurred by the City for housing, maintenance, feeding and providing care, including medical care, of the dog during such time as the dog is in the custody of the City of Rosemead. 3653 Administrative hearing by City Manager or designee of City Manager. (a) At the time stated in the notice, the City Manager or his designee, hereinafter referred to as hearing officer, shall hear and consider all relevant evidence, objections, or protests and shall receive testimony under oath relative to the alleged potentially dangerous and/or vicious animal. The hearing officer may admit into evidence all relevant evidence, including incident reports and affidavits of witnesses. The hearing officer may find, upon a preponderance of evidence, that the dog in question is potentially dangerous or vicious and may make other orders authorized by this chapter. The hearing may be continued from time to time. (b) If the hearing officer finds by a preponderance of evidence that the animal which is the subject of the hearing is potentially dangerous and/or vicious, the hearing officer shall prepare findings and an order, which shall specify and make specific orders with respect to the dog as authorized by this chapter. A copy of the findings and order shall be served on the owner of the dog in accordance with the provisions of Section 3652. 3654 Appeal procedure. After the hearing is conducted pursuant to this chapter, the owner/keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first class mail postage prepaid. If a determination is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with those orders made by the hearing officer. If the owner or keeper of the dog contests the determination of the hearing officer, he or she may, within five days of receipt of the notice of determination, appeal the decision of the hearing officer. Appeal shall be made to the City Council. The appellant shall serve personally or by first class mail, postage prepaid, notice of the appeal upon the city. 3655 Licensing and vaccinating. All potentially dangerous and/or vicious dogs shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous designation in the registration records of the dog, either after the owner or the keeper of the dog has agreed to the designation or after the city has determined the designation applies to the dog. 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. 3656 Seizure and impoundment. (a) If upon investigation it is determined by the animal control officer that probable cause exists to believe that the dog in question poses an immediate threat to public safety, then the animal control 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. (b) When a dog has been impounded pursuant to subsection (a) of this section and it is not contrary to public safety, the animal control officer may permit the animal to be confined at • the owner's expense in a city-approved kennel or veterinary facility. 3657 Cost assessment when animal seized. If it is determined at the hearing as provided in this chapter that the dog in question is potentially dangerous and/or vicious, the hearing officer may assess the owner of the dog for any costs of administration incurred by the city, including but not limited to costs incurred in housing, maintaining and feeding the dog and for any medical attention required for the dog. Costs assessed shall be charged to the owner. 3658 Identification and sterilization requirement for vicious dogs. The owner or keeper of any dog determined to be vicious pursuant to this chapter shall at his/her expense have an identification number assigned by the animal control department permanently tattooed on the inner left rear leg of the dog. The identification shall be noted in the city licensing files for that dog. Any dog determined to be vicious shall be sterilized at the owner's expense. 3659 Procedure for destruction. (a) A dog determined to be potentially dangerous or vicious may be destroyed by the animal control department/city when it is found, after a hearing pursuant to Section 3653, that the release of the dog would create a significant threat to the public health, safety and welfare. (b) If it is determined that a dog found to be potentially dangerous or vicious shall not be destroyed, the hearing officer shall impose conditions upon the ownership of the dog that protect the public health, safety and welfare. 3660 Restraint or enclosure. (a) A dog determined to be potentially dangerous pursuant to this chapter shall at all times while not securely confined indoors: (1) Be confined in an area which is securely fenced and locked so as to prevent trespassing by children and from which the dog cannot escape; and (2) When off the property of its owner or keeper, be humanely muzzled and leashed with a substantial leash or chain not to exceed four feet in length and under the control of a responsible adult who is familiar with and in control of the dog; or • (3) Be humanely confined in a vehicle so that it can neither escape nor inflict injury on passers-by. (b) A dog determined to be vicious pursuant to this chapter at all times while not securely confined indoors: (1) Shall be confined in an outdoor fenced enclosure on the property where the dog is kept or maintained, so it cannot bite, attack or cause injury to any person. All enclosures, fences and gates must be constructed of substantial material and installed and maintained in a workmanlike manner. The enclosure must be anchored solidly to the ground and must be of sufficient structural strength and height to ensure the strict confinement of the dog and to prevent unauthorized access. If necessary to accomplish the intent of containment, a cover over the enclosure shall be installed. In addition, any and all gates must be kept • locked; (2) May be off the property of the owner or keeper for purposes of obtaining veterinary care, being sold or given away, complying with any provision of law or with a directive of the city manager or his designee or the animal control department; (3) When off the property of its owner or keeper or in the care of a veterinarian, shall be securely and humanely muzzled and restrained with a harness and nylon leash, sufficient to restrain the dog, not exceeding four feet in length, and shall be under the direct charge and control of its owner or keeper. For the purposes of this section, a dog which is humanely muzzled and/or confined in a vehicle shall be able to drink, breathe and pant freely under conditions which do not subject the animal to needless suffering When circumstances warrant, the officer-in-charge of the animal control department may modify conditions of restraint to accommodate the special needs of the dog. 3661 Posting of propeM where potentially dangerous or vicious dogs are maintained. The owner or keeper of a dog which has been determined to be potentially dangerous or vicious pursuant to this chapter shall display a sign, on the property where the dog is kept, containing a visual and verbal warning that there is a dangerous or vicious dog on the property. The sign shall be visible to the general public and capable of being read from any adjacent street, sidewalk or other such public right-of-way. 3662 Notice of disposal or escape. (a) The owner or keeper of any dog found to be potentially dangerous or vicious pursuant • to this chapter shall notify the animal control department immediately if the dog has escaped, is unconfined, has attacked another animal, has bitten a human being, or has died. (b) The owner or keeper of a dog found to be potentially dangerous pursuant to this chapter shall notify the animal control department within forty-eight hours if the dog is sold, transferred, or permanently removed from the place where the owner or keeper resided or kept the dog at the time the dog was determined to be potentially dangerous. The owner or keeper shall also inform the animal control department of any new address where the dog is to be kept and the name, address and telephone number of any new owner. (c) The owner or keeper of a dog found to be vicious shall notify the animal control department at least forty-eight hours prior to selling, transferring, or permanently removing the dog to a new location and shall also provide the animal control department with the name, address and telephone number of the new owner of the dog with the address of any new • permanent location of the dog. 3663 Owners to permit compliance inspections. The owner or keeper of any dog determined to be potentially dangerous or vicious pursuant to this chapter shall consent to inspection of the property where the dog is kept and of the dog upon twenty-four hours' written notice by the animal control department. The inspection shall be set at a reasonable time and in a reasonable manner to verify full compliance with the requirements of this chapter and/or the requirements of the orders issued by the hearing officer. 3664 Removal from list of potentially dangerous dogs. (a) If there are no additional instances of the behavior described in Section 3651 within a thirty-six 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 thirty-six month period if the animal 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. 3665 Unlawful to own, harbor or keep dog found by another jurisdiction to be potentially dangerous or vicious. No dog which has previously been determined to be potentially dangerous or vicious after an administrative hearing or court order by another jurisdiction will be allowed to be kept, owned • or harbored in the city. Any notice by the animal control department to remove, abate or destroy any dog owned, harbored, or maintained in violation of this section may be appealed to the city manage or his designee by filing with the City Manager a written statement of the factual basis for the appeal within five working days of the receipt of the notice. 3666 Keeping by minors prohibited. No dog determined to be potentially dangerous or vicious pursuant to this chapter shall be kept by an owner or keeper who is a minor. 3667 Penalty. • Any violation of this chapter involving a potentially dangerous dog shall be punishable by an administrative fine not to exceed five hundred dollars. Any violation of this chapter involving a vicious dog shall be punishable by an administrative fine not to exceed one thousand dollars. All administrative fines paid pursuant to this chapter shall be paid to the city for the purpose of deferring costs of implementation of this chapter. The City Prosecutor, in his or her sound discretion, may prosecute violations of this Chapter as infractions or misdemeanors Section 3. The City Clerk shall certify to the adoption of this Ordinance. APPROVED and ADOPTED this-27d day of~ IOF YOR ATTEST: - 1)~~a I CITY C ER I hereby certify that the foregoing Ordinance No. 783 was duly introduced at a regular meeting of the City Council on the 9th day of December, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th day of January, 1998, by the following vote, to wit: YES: Vasquez, Taylor, Imperial, Bruesch, Clark NO: None ABSENT: None ABSTAIN: None .~tJ CI CL RK • 9