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HomeMy Public PortalAboutOrdinance 684ORDINANCE NO. 684 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ADDING TO THE BEAUMONT MUNICIPAL CODE CHAPTER 6.21, ENTITLED VICIOUS DOGS THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 6.21 is hereby added to read as follows: Sections: 6.21.010 6.21.020 6.21.030 6.21.040 6.21.050 6.21.060 6.21.070 6.21.080 6.21.100 Chapter 6.21 VINOUS DOGS Vicious Dogs Defined. Keeping Vicious Dogs. Investigations. Confinement of Dogs Certified as Probably Vicious. Hearings. Costs of Impoundment. New Owner and Address. No Restrictions of Broader Police Powers. Criminal Sanctions. 6.21.010 Vicious Dogs Defined. A dog shall constitute a vicious dog pursuant to this article in accordance with the following standards: A. Any dog which has previously attacked or bitten a human being when such person is conducting himself peacefully and lawfully, except when such attack or bite is justified in the defense of the dog's owner against an attacker while the dog is under restraint by a leash; or B. Any dog which, because of its temperament, ferocity, training, or aggresive propensity, is capable of inflicting serious physical harm or death to a human being and constitutes a danger to human life or property; or C. Any dog which has behaved in a manner or demonstrated the propensity or training described in Subsection B of this Section such that the owner thereof knows, or should reasonably know, that the dog is possessed of tendencies to attack or bite human beings and other domestic animals, except when such attack or bite is justified in the defense of the dog's owner against an attacker while the dog is under restraint by a leash; or D. Any dog which attacks or bites, or has attacked or bitten, another animal, poultry, or livestock which occurs on property other than that of the owner of the attacking dog; or E. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; and F. No dog employed or used by a Public Law Enforcement Agency shall be defined as a vicious dog. For the purposes of this Section, a person is conducting himself peacefully and lawfully upon the private property of an owner or possessor of the dog when he is on such property in the performance of any duty imposed on such person by State or local laws, or by the laws or postal regulations of the United States, or when he is on such property upon invitation, either expressed or implied. 6.21.020 Keeping Vicious Dogs. The keeping of a vicious dog shall be subject to the following conditions: A. Leashes and muzzles. No person shall permit a vicious dog to go outside its kennel or pen unless such dog is securely leashed with a leash no longer than six (6') feet in length. No person shall permit a vicious dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is -1-- 2/27/90 in physical control of the leash. A vicious dog may not be leashed to inanimate objects, such as trees, posts, or buildings. In addition, a vicious dog which has demonstrated any behavior described in parts A, C, D or E of Section 6.21.010 on a leash outside the animal's kennel shall be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals. B. Confinement. A vicious dog shall be securely confined indoors in a securely enclosed and locked pen or kennel, except when leashed and muzzled as provided in Subsection A of this Section. Such pen, kennel, or structure shall have secure sides and, for vicious dogs which have demonstrated any behavior described in parts A, C, D or E of Section 6.21.010, a secure top attached to the sides. All structures used to confine a vicious dog shall be locked with a key or combination lock when such animal is within the structure. Such structure shall have a secure bottom or floor attached to the sides of the pen, or the sides of the pen shall be embedded in the ground no less than two (2') feet. All structures erected to house a vicious dog shall comply with all zoning and building regulations of the City. All such structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition and provide adequate protection from the elements. C. Confinement indoors. No vicious dog may be kept on a porch, patio, or in any part of a house or structure which would allow the dog to exit such building on its own volition. In addition, no vicious dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure. D. Signs. All owners, keepers, or harborers of vicious dogs shall display in a prominent place on their premises a clearly visible warning sign indicating that there is a vicious dog on the premises. Such sign shall be subject to the approval of the Chief of Police. In addition, a similar sign shall be required to be posted on the kennel or pen of such dog. 6.21.030 Investigations. Any incident reported to the Police Department concerning a vicious dog shall be investigated by the Police Chief or his designee. The investigation may consist of reports of officers made at the time of the incident or follow-up reports. If, based on the investigation, the Police Chief concludes that there is probable cause to believe that the dog is vicious, the Police Chief shall so certify in writing within ten (10) days following the completion of the investigation to the person owning or controlling the dog. The certification shall contain a recommendation as to what steps should be taken to control the vicious dog including, if appropriate, the destruction of the vicious dog. 6.21.040 Confinement of Dogs Certified as Probably Vicious. If the Police Chief certifies that there is probable cause to believe that a dog is vicious and a risk to the public safety, the Police Chief may direct any Animal Control Officer, Police Officer, or other authorized employee of the City to enter the yard of any private residence or business in order to seize any such dog, whether running at large or not, and confine such dog at an appropriate animal shelter pending completion of the procedures provided for in Section 6.21.050. The cost of such confinement shall be paid by the person owning or controlling such dog. The dog shall not be released until such costs have been paid in full. 6.21.050 Hearings. Following certification under Section 6.21.030, the following procedures shall apply. A. Notice. If the owner of the dangerous dog, after having been informed by the Chief of Police or his/her designee pursuant to Section 6.21.030 of the steps which must be taken by the owner to alleviate the dog's dangerousness, has not taken such steps within five (5) calendar days after personally receiving notice of such order, the Chief of Police or his/her designee shall thereafter have the authority to impound the dog. -2- B. Hearing request. The owner of any dog impounded pursuant to Sections 6.21.030 and 6.21.040 above shall have five (5) working days from the date of the impoundment to contact the Chief of Police or his/her designee in writing and request a hearing to protest the impoundment and possible destruction of the dog. C. Abandoment. If, after five (5) working days from the date of the impoundment, the owner has not contacted the Chief of Police or his/her designee to request a hearing, the impounded dog shall be deemed abandoned and the Chief of Police or his/her designee may thereafter humanely destroy and dispose of the dog. D. Hearing. If the Chief of Police or his/her designee receives a timely written request for a hearing, the Chief of Police or his/her designee shall immediately request a hearing before the City Council at their earliest possible regular Council meeting. The City Manager or his/her designee shall mail or otherwise deliver to the owner or person controlling the dog and other interested persons, including, but not necessarily limited to, all properties within 300 feet of the address of the owner or person controlling the dog, at least five (5) days prior to the date set for the hearing a notice in substantially the following form: Notice of Hearing Regarding Vicious Dog To: (name) ; (address) NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 6.21 of the Beaumont Municipal Code, the Police Chief has certified that there is probable cause to believe a dog owned or controlled by you, a (breed) , is vicious. FURTHER NOTICE IS HEREBY GIVEN that on the day of 19 , at the hour of o'clock, in the chambers of the City Council, City Hall, Sixth Street, Beaumont, California, the report of the Police Chief will be considered by the City Council with such other oral and documentary evidence bearing upon the question of whether your dog is vicious. You may appear and may present evidence at the hearing. You may also be represented by an attorney. If you fail to appear without giving notice to the City Manager, the matter may proceed in your absence, and such absence may be further considered a waiver of your right to present evidence and object to any decision made. In the event your dog is found to be vicious, it will be ordered to be controlled, confined, destroyed, restricted, or otherwise abated as a public nuisance, and any impoundment cost incurred shall be assessed against you. A copy of this notice has been sent to property owners within 300 feet of your address. Dated: City Manager E. Procedure. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the dog is vicious. Any owner who fails to appear after notice as provided in this Section was given, without obtaining a continuance from the City Manager, may be deemed to have waived any right to introduce evidence or object to an order made by the City Council. The City Council shall hear and consider any relevant evidence concerning, (a) whether the dog is dangerous or vicious, (b) whether the owners have failed to taken the steps to minimize the dog's dangerousness as ordered by the Chief of Police or his/her designee, and (c) whether there are any courses of action -3- short of destruction of the dog which can be taken which will both allow the dog to live and insure the public safety. F. Hearing determination. At the hearing, the Chief of Police or his/her designee shall bear the burden to prove, by a preponderance of the evidence, that the dog is dangerous and that destruction of the dog is necessary to protect the public safety. However, proof of the failure of the owner to take the steps ordered by the Chief of Police or his/her designee within the time specificed pursuant to Section 6.21.030 above, or evidence of a prior failure of the owners to comply with any order of the Chief of Police or his/her designee or of the City Council involving the same dog, shall constitute prima facie evidence that no alternative short of destruction of the dog exists to protect the public safety. If, based upon the hearing, and the report of the hearing officer, if any, the City Council upholds the findings of the Police Chief that the dog is vicious, the City Manager shall so specify in writing, together with the reasons therefor. Any dog found to be vicious is hereby deemed a public nuisance and, pursuant to the order of the City Council, shall be humanely destroyed, be removed from the City, or the nuisance otherwise abated by appropriate order of the City Council, including, but not limited to, confinement, fencing, muzzling, or leashing. The decision of the City Council shall be made within ten (10) days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by certified mail or personally served upon the person owning or controlling the dog. G. Destruction. Should the owner not take the preventative measures ordered by the City Council within fourteen (14) calendar days of its decision, the dog shall be deemed abandoned and thereafter be humanely destroyed and disposed of by the Chief of Police or his/her designee. 6.21.060 Costs of Impoundment. If the City Council finds the dog is vicious, the costs of impoundment incurred by the City, including any abatement period, shall be paid by the owner or the person controlling the dog and shall become a lien against the real property upon which the dog was kept and maintained until such lien is paid. If the order includes the release of a dog found to be vicious to the owner or person controlling it, the dog shall not be released until such costs have been paid in full. If such costs have not been paid within thirty (30) days after the date of the mailing or delivery of the order, the City Council may dispose of the dog in any manner provided by law or return the dog and pursue alternative collection procedures. The total amount of the impoundment charges may be entered on the next fiscal year tax roll as a lien against the property upon which the dog was maintained and shall be subject to the same penalties as are provided for other delinquent taxes, liens, or assessments of the City, or an action may be brought in the name of the City to recover the costs of impoundment. 6.21.070 New Owner and Address. The owner of any dog which has been determined to be a vicious dog by the Chief of Police or his/her designee shall notify the Chief of Police or his/her designee in writing of any change in the owner's residence or of any transfer of ownership or transfer of custody of the vicious dog within three (3) calendar days of such change in residence or transfer of ownership or of custody and shall provide Chief of Police or his/her designee with the owner's new address and telephone number or the address and the telephone number of the new owner or custodian. 6.21.080 No Restrictions of Broader Police Powers. Nothing in this Chapter shall restrict the broader authority granted pursuant to Section 6.20.100 of this Code. 6.21.100 Criminal Sanctions. The first violation of any order issued pursuant to Subsection C of Section 6.21.050 shall constitute an infraction. The second and any further violations within twenty-four (24) months after the order shall be -4- misdemeanors. SECTION 2: This Ordinance is for the immediate preservation of the public peace, health, and safety. SECTION 3: This Ordinance shall take effect as provided by l aw . INTRODUCED AND PASSED UPON FIRST READING this 26th day of February , 19 90, upon the following roll call vote: AYES: Council Member Bauer, McLaughlin, Parrott and Mayor Connors. NOES: None. ABSTAIN: None. ABSENT: Council Member Leja. Cyg,K.41f.o.o.4.41 MAYOR OF THE CITY OF BEAUMONT ATTEST: -edieaz CITY CLER CERTIFICATION I, Robert J. Bounds, City Clerk of the City of Beaumont, DO HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on February 26 , 1990 , and was duly adopted upon first reading on February 26 , 1990, upon the following roll call vote: AYES: NOES: Council Member Bauer, McLaughlin, Parrott and Mayor Connors. None. ABSTAIN: None. ABSENT: Council Member Leja. .w-xed4 CITY CLERK, CITY OF BEAUMONT -5-