HomeMy WebLinkAbout1983-10-18; City Council; 7535; Vicious Dog OrdinanceA
CIT-a OF CARLSBAD - AGEND,. BILL s-1 , : 4,*’ ‘.A a 15
FFiOG ORDINANCE DEPT. HD.-
CITY ATW&i
CITY lulGR.~<
RECOMMENDED ACTION:
That the City Council introduce Ordinance No. m&r to regulate vicious dogs.
ITEM EXPLANATION
The City of Carlsbad adopts the San Diego Code of Regulatory Ordinances regarding animals and they are enforced pursuant to agreement by the Department of Animal Control for the County of San Diego. The County has recently revised its ordinance with regard to vicious dogs and the director of the Department of Animal Control has asked that the City Council make a correspond- ing amendment to our municipal code. At the request of the City Manager our office has prepared the necessary ordinance.
FISCAL IMPACT
None.
EXHIBITS
Letter dated September 30, 1983 from Director, Department of Animal Control Ordinance No. S-OGCP Memo dated October 12 1983 to City Manager from Assistant City Manager, Administraiion.
EXHIBIT 1
COUNTY OF SAN DIEGO
SALLY B. HAZARD
Director
September 30, 1983
DEPARTMENT OF ANIMAL CONTROL Fj
Mr. Frank Alshire,
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Dear Mr. Alshire:
1104 Azusa Street
San Diego, California 92110
(619) 293-7690
City Manager
The Department of Animal Control for the County of San Diego has
modified San Diego Code of Regulatory Ordinances, Section 62.674,
relating to vicious dogs.
Attached is the modification passed by the Board of Supervisors in November 1982. This is to request that you facilitate the adoption
of this ordinance within your jurisdiction.
This new ordinance has been developed in conjunction with the District
Attorney for the County of San Diego. It is being used currently as
a prototype in several other counties throughout the state. I feel
it is a very positive step toward protecting the public and pets.
If you or any member of your staff have any questions, please do not hesitate to contact me directly at 236-3104.
Thank you for your time.
Sinyrely,
SBH:bes
Attachment
SHELTERS AT: . f
2481 Palomar Airport Road
Carlsbad, CA 92008
438-2312 or 746-7307
1104 Azusa Street
San Diego, CA 92110
297-4791
5821 Sweetwater Road
Bonita, CA 92002
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ORDINANCE NO. 5068
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 7, CHAPTER 7.08 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 7.08.030 To REVISE THE REGULATION OF VICIOUS DOGS.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 7, Chapter 7.08 of the Carlsbad
Municipal Code is amended by the addition of Section 7.08.030 to
read as follows:
"7.08.030 Section 62.674 Amended - Vicious Dogs. Section 62.674 of the San Diego County Code of Regulatory Ordinances adopted by reference in Section 7.08.010 is amended to read as follows:
(a) If the Department has cause to believe that a dog is a "vicious dog" within the meaning of 62.601 (aa) (l), (2) or (31, it may find and declare such a dog a "vicious dog."
1. Upon finding and declaration that a dog is a "vicious dog", the Department shall notify the owner and/or possessor of the Department's finding and declaration.
2. The notice shall inform the owner and/or possessor of that dog that he/she may request a hearing within five working days to contest the finding and designation.
3. Failure of the owner and/or possessor to request a hearing pursuant to subsection (3) shall result in the dog being finally declared a "vicious dog" and subject the dog and its owner and/or possessor to the provisions of this chapter.
4. A finding at the hearing that the dog does fall within subsections (l), (2) or (3) of Section 62.601 (aa) shall result in that dog being declared a "vicious dog" and subject the owner and/or possessor to the provisions of this chapter.
5. The Department may impose upon the owner and/or possessor of a dog declared a "vicious dog" by the Department specific reasonable restrictions and conditions for the maintenance of the dog to ensure the health and safety of the public and dog. The restrictions and conditions may include, but are not limited to:
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a. The posting of a bond or other proof of ability to respond in damages the amount of ten thousand dollars ($10,000). b. Requirements as to size, construction and design of enclosure. c. Location of the dog's residence. d. Requirements as to type and method of restraints and/or muzzling of the dog. e. Photo identification or permanent marking of the dog for purposes of identification. f. Payment of a reasonable fee to recover the costs of the Department in verifying compliance with this chapter.
(b) Possession Unlawful. It is unlawful to have custody of, own or possess a vicious dog unless it is restrained, confined, or muzzled so that it cannot bite, attack or cause injury to any person.
(c) Declared Vicious Dog. It shall be unlawful for the owner and/or possessor of a dog declared vicious pursuant to subsection (a) to fail to comply with any requirements or conditions imposed pursuant to subsection (a) 5.
(d) Violation Deemed a Public Nuisance. A dog found to be in violation of this section shall be deemed a public nuisance and its owner and/or possessor's continued possession or ownership shall be unlawful.
W Department May Impound and Abate. The Department may impound or abate any vicious dog kept in violation of this section by any means reasonably necessary, including, but not limited to, destruction of the dog.
(f) Notification of Right to Hearing. At least three working days prior to the impoundment and abatement, the owner or custodian of record shall be notified or their right to a hearing to determine that the dog has been found in violation of this section.
If the owner or custodian of record requests a hearing prior to impoundment, no impoundment shall take place until the conclusion of the hearing except as noted in (h).
(g) Results of Hearing. If, as a result of the hearing, the Department returns the dog to the owner, the hearing officer may impose certain reasonable restrictions and criteria or conditions for the maintenance of the dog to ensure the health and safety of the animal and the public. The conditions may include, but are not limited to:
1. Posting of a bond or other proof of ability to respond in damages.
2.
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2. Specific requirements as to size, construction and design of enclosure.
3. Location of animal's residence.
4. Requirements as to type and method of restraint and/or muzzling of the dog.
5. Photo identification or permanent marking of the dog for purposes of identification.
6. Payment of a reasonable fee to recover the costs of the Department in verifying compliance with this chapter.
The failure to meet the agreed restrictions or conditions for the maintenance of the dog will result in citation or impoundment or other Department action.
(h) Immediate Impoundment. When, in the opinion of the Department, immediate impoundment is necessary for the preservation of the dog's or public's health or safety, or if the dog has been impounded under other provisions of this Code or State law, the pre-impoundment hearing shall be waived; however, the owner or custodian of record shall be given a notice allowing three working days to request an abatement hearing. If requested, a hearing shall be held within five days of the request, and the dog shall not be disposed of prior to the conclusion of the hearing. If, after three working days, no request for a hearing is received from the owner or custodian of record, the dog in question shall be declared a public nuisance and disposed of under applicable provisions of law.
(i) Change of Ownership. Owners of a vicious dog who sell or otherwise transfer the ownership custody or residence of the dog shall within ten days inform the Department of the name, address, and telephone of the new owner and the name and description of the dog. The owner shall, in addition, notify the new owner in writing of the details of the dog's record,
terms and conditions of maintenance and provide the Department with a copy thereof containing an acknowledgment by the new owner of his receipt of the original.
(j) Misdemeanor. Allowing any dog to be in contravention of this section is a misdemeanor. The Department, the Health Officer, and/or peace officers are hereby authorized, directed and empowered to summarily abate any dog in violation of this Code by any means reasonably necessary, including, but not limited to citation, impoundment or the destruction of the
dog.
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EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 18th day of october I
1983, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 1st day of ~ove&er , 1983 by the
following vote, to wit:
AYES: Council ~sCasler,Lewis,Kulchin,ChickandPrescott
NOES: None
ABSENT: Bone
ATTEST:
L&H!& RU ALETHA L. RAUTENKRANZ, City CYerk
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EXHIBIT 3
OCTOBER 12, 1983
TO: CITY MANAGER
FROM: Assistant City Manager/ Administration
VICIOUS DOG ORDINANCE
The Director of the San Diego County Department of Animal Control indicates that the significant change in the ordinance concerns regulating vicious dogs. The changes put new teeth into the law, according to Sally Hazzard, Director of Animal Control.
Under the previous ordinance, a dog was allowed two bites before it was declared vicious and taken from the owner.
The new ordinance provides that a dog can be declared vicious after the first biting or attack incident. The dog can be taken from the owner and destroyed or the dog may be returned to the owner with conditions. The dog owner has a right to hearing before a dog is declared vicious and appeal rights to the Courts before a dog is taken and destroyed.
The intention of the new ordinance is to clearly put the responsibility for controlling a vicious dog on the owner.
FRAN-EN
FNM:cle
7