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
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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.
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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
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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
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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:
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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.
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CITY CLERK, CITY OF BEAUMONT
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