HomeMy Public PortalAboutOrdinance 805ORDINANCE NO. 805
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BEAUMONT, CALIFORNIA, AMENDING
CHAPTER 6.21 OF THE BEAUMONT MUNICIPAL CODE
ENTITLED "DANGEROUS ANIMALS"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
STATE OF CALIFORNIA, AS FOLLOWS:
Section 1: Chapter 6.21 entitled "Vicious Dogs" is hereby
repealed in its entirety.
Section 2: New Chapter 6.21 entitled "Dangerous Animals" is
hereby added to the Beaumont Municipal Code to read as specifically
provided for in Exhibit "A" attached hereto and made a part hereof.
Section 3: This Ordinance shall take effect as provided by
law.
MOVED, PASSED AND ADOPTED this 28th day of August
2000.
ATTEST:
CITY OF BEAUMONT
By A
Ilk' lA ,I i
City Clerk Deputy)4
ROGER BERG, Mayo
CERTIFICATION
I, Shelby Hanvey (Deputy) , City Clerk of the City of Beaumont,
do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the City Council held on July 24, , 2000,
and was duly adopted upon second reading on August 28 , 2000
upon the following role call vote:
AYES: Mayor Berg, Council Member DeForge, Dressel, and Zeller.
NOES: None.
ABSTAIN:None.
ABSENT: Council Member Westcot.
CITY OF BEAUMONT
By
(SEAL)
Sections:
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
6.21.010
6.21.020
6.21.030
6.21.040
6.21.050
6.21.060
6.21.070
6.21.080
6.21.090
6.21.100
6.21.110
CHAPTER 6.21
DANGEROUS ANIMALS
Purpose.
Definitions.
Inspection.
Animals at Large.
Temporary Impoundment or Confinement.
Hearing Procedures.
Notification and Appeal.
Dangerous Animals --Disposition.
Transfer and Training of Dangerous Animals.
Enforcement and Penalties.
Exemptions.
Section 6.21.010 Purpose.
The keeping of an animal defined as dangerous under this
Chapter shall be declared a public nuisance and shall be abated in
accordance with the provisions of this Chapter. The procedure for
abatement set forth in this Chapter shall not be exclusive and
shall not in any manner limit or restrict the City from enforcing
other City ordinances or abating public nuisances in any other
manner provided by law including, but not limited to, California
Civil Code Section 3342.5. Further, this Chapter shall not
preempt or preclude a person from filing a private lawsuit seeking
to abate as a private nuisance an animal that is dangerous.
Section 6.21.020 Definitions.
As used in this Chapter, the following words and phrases
shall have the following meanings, unless the context shall
indicate another or different meaning or intent:
A. "Abuse" or "abused" animal means any animal which is:
1. Mistreated, beaten, tormented or teased;
2. Deprived of water, food or shelter;
3. Kept under unsanitary conditions;
4. Abandoned; or
5. Trained for fighting or attacking other animals or
human beings.
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B. "Animal control officer" means any person or entity
designated under this Chapter as the animal control officer for
the City, including, but not limited to, any police officer or
City employee designated to enforce the animal control regulations
of this Chapter.
C. "Dangerous animal" means any of the following:
1. Any animal seized under Section 599aa of the
California Penal Code and upon the sustaining of a conviction of
the owner under subdivision (a) of Section 597.5 of the California
Penal Code.
2. Any animal which, when unprovoked, inflicts injury
on or kills a human being.
3. Any animal which, when unprovoked, engages in
aggressive conduct requiring defensive action by any person to
avoid bodily injury.
4. Any animal which has killed or injured a domestic
animal.
"Dangerous animal" does not mean any animal in a
situation in which it is shown that the person or domestic animal
suffering the injury or damage had, at the time of the injury or
damage:
1. Provoked, tormented, teased, abused or assaulted
the animal into the behavior alleged;
2. Committed a wilful trespass or other tort upon the
private property of the owner of the animal;
3. Committed or attempted to commit a crime; or
4. Threatened or committed an unjustified attack or
assault against the owner or person in control of the animal.
D. "Enclosure" means a fence or structure of at least six
feet in height forming or causing an enclosure suitable to prevent
the entry of young children and suitable to humanely confine an
animal with adequate exercise area, and posted with an appropriate
warning sign, in conjunction with other measures which may be
taken by the owner of the animal. The enclosure shall be designed
in order to prevent the animal from escaping. The animal shall be
housed pursuant to Section 597t of the California Penal Code.
E. "Hearing officer" means the person appointed by the City
Manager to serve as the hearing officer under this Chapter.
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F. "Impounded" means taken into the custody of the animal
control officer.
G. "Owner" means the owner, keeper or person having
custody, control or possession of an animal.
H. "Person" means a natural person or any legal entity,
included but not limited to, a corporation, firm, partnership or
trust.
Section 6.21.030 Inspection.
Whenever it is necessary to make an inspection to enforce any
of the provisions of or perform any duty imposed by this Chapter,
or whenever any police officer or animal control officer has
probable cause to believe that there exists in any building or
upon any premises any violation of the provisions of this Chapter
or other applicable law, a police officer or animal control
officer is authorized to enter such property at any reasonable
time and to inspect the same and perform any duty imposed upon a
police officer or animal control officer by this Code or other
applicable law; provided that:
A. If such property is occupied, he/she shall first present
proper credentials to the occupant and request entry explaining
the reasons therefor. If such entry is refused, the police
officer or animal control officer shall have recourse to every
remedy provided by law to secure lawful entry and inspect the
property, including an inspection warrant.
B. If such property is unoccupied, he/she shall first make
a reasonable effort to locate the owner or other person having
charge or control of the property and request entry, explaining
the reasons therefor. If such entry cannot be obtained because
the owner or other person having charge or control of the property
cannot be found after due diligence, the police officer or animal
control officer shall have recourse to every remedy provided by
law to secure lawful entry and inspect the property, including an
inspection warrant.
C. Notwithstanding the foregoing, if a police officer or
animal control officer has probable cause to believe that the
keeping or maintaining of any animal is so dangerous as to require
immediate inspection to safeguard the life or safety of the
animal, other animals, or the public, he/she shall have the right
immediately to enter and inspect such property, and may use any
reasonable means required to effect such entry and make such
inspection, whether such property be occupied or unoccupied and
whether or not permission to inspect has been obtained. If the
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property be occupied, he/she shall first present proper
credentials to the occupant and demand entry, explaining the
reasons therefor and purpose of the inspection.
D. No person shall interfere with, hinder, fail or refuse,
after proper demand has been made upon him or her as provided in
Subsection C of this Section, to permit any police officer or
animal control officer to make any inspection provided by
Subsection C of this Section. Any person violating this Section
may be charged with a misdemeanor.
Section 6.21.040 Animals at Large.
A. A person who owns or is in charge of or controls or who
possesses an animal who permits, allows, or causes the animal to
run, stray, be uncontrolled or in any manner be in, upon, or at
large upon a public street, sidewalk, park or other public
property or in or upon the premises or private property of another
person shall be guilty as provided in Subsection B of Section
6.21.100 of this Chapter if such animal bites, attacks or causes
injury to any human being or other animal.
B. Any person who convicted of violating Subsection A of
this Section shall not own, possess, control or have custody of
any animal of the type, species, group or family which caused the
bit, attack or injury for a period of three years after the date
of conviction.
Section 6.21.050 Temporary Impoundment or Confinement.
A. The animal control officer shall have the power to
summarily and immediately impound an animal where there is
evidence that the animal is an immediate danger to public safety
pending:
1. Any court proceeding; or
2. A hearing to be held pursuant to Section 6.21.060
of this Chapter. The owner of the animal shall be liable for the
costs and expenses of impounding and keeping the animal if the
animal is later determined to be dangerous.
B. Failure to surrender to the animal control officer upon
demand an animal which is subject to being impounded pursuant to
this Section shall be penalized as provided in Subsection B of
Section 6.21.100.
C. An animal impounded pursuant to the authority of this
Section shall be returned to the owner as provided by Section
6.21.080 of this Chapter, or when the animal is no longer required
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as evidence, or if a notice of a hearing pursuant to Section
6.21.060 of this Chapter to declare the animal a dangerous animal
has not been served on the owner or custodian within fifteen (15)
working days after the impoundment.
D. In lieu of impounding and if not contrary to public
safety, the animal control officer may permit the animal to be
confined at the owner's expense in an animal control officer -
approved kennel or veterinary facility or at the owner's residence
provided the owner:
1. Shall not remove the animal from the kennel,
veterinary facility, or residence without the prior written
approval of the animal control officer; and
2. Shall make the animal available for observation and
inspection by the animal control officer or members of law
enforcement or their authorized representatives. The animal
control officer shall dictate to the owner the exact way the
animal is to be restrained while awaiting the hearing.
E. The animal control officer may have an animal that has
been impounded or confined permanently identified by means of
photo identification prior to release from impoundment or
confinement.
F. If there is no reasonable method available to determine
ownership of the animal, then the animal may be considered a
stray.
Section 6.21.060 Hearing Procedures.
A. Petition. If the animal control officer has
investigated and determined that there exists probable cause to
believe that an animal is dangerous, the animal control officer
shall petition the City Manager for a hearing for the purpose of
determining whether the animal should be declared dangerous.
B. Selection of Hearing Officer. The City Manager shall,
within three business days after receiving the petition, nominate
not less than two candidates to act as a hearing officer. Such
candidates shall be disinterested third parties who shall not have
a personal or financial interest in the matter and shall not be
demonstrably biased in a manner that suggests a lack of
impartiality. Whenever possible, the candidates shall be licensed
veterinarians. The names of the candidates shall be promptly
communicated to the owner of the animal, and the owner shall have
twenty-four (24) hours to disqualify either one or both of the
candidates on the grounds that the owner reasonably believes that
they are prejudiced against the owner or the interests of the
owner. In the event both candidates are disqualified, the City
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Manager shall select two more candidates and the process shall be
repeated until a candidate has been approved by both parties. The
City Manager shall deliver the petition of the animal control
officer to the agreed-upon hearing officer.
C. Notice. The hearing officer shall notify the owner of
the animal that a hearing will be held, at which time the owner
may present evidence as to why the animal should not be declared
dangerous. The notice, together with a copy of the petition,
shall be served upon the owner, either personally or by prepaid
first-class mail, return receipt requested. The hearing shall be
held promptly within no less than five working days nor more than
ten working days after service of the notice on the owner of the
animal.
D. Conduct of Hearing. The hearing officer shall conduct
the hearing in an informal manner and shall afford the owner of
the animal an opportunity to present evidence as to why the animal
should not be declared dangerous. The formal rules of evidence
shall not apply; however, whenever possible, any complaint
received from a member of the public which serves as the
evidentiary basis for the animal control officer to find probable
cause shall be sworn to and verified by the complainant and
attached to the petition filed by the animal control officer. The
hearing officer may admit into evidence all relevant evidence,
including, incident reports and the affidavits or declarations of
witnesses; limit the scope of discovery; shorten the time to
produce records or witnesses; exclude witnesses from the hearing
when not testifying; exclude disorderly or disruptive persons from
the hearing; and make other orders necessary to ensure the fair
and orderly conduct of the hearing. The hearing shall be open to
the public.
E. Recording. The proceedings at the hearing may be tape
recorded if ordered by the hearing officer or requested by the
owner of the animal or complainant referenced in Subsection D of
this Section. A stenographic report shall also report the
proceedings if ordered by the hearing officer or requested by the
owner or complainant, with the costs thereof to be borne by the
person making the order or request. A copy of the tape recording
or transcript of the proceedings shall be made available to any
person upon request and upon payment of the cost of preparation
thereof.
F. Failure to Appear. The hearing officer may decide all
issues for or against the owner of the animal even if the owner
fails to appear at the hearing.
G. Determinations of Dangerous Animals --Evidence. In
making a determination that an animal is or is not dangerous,
evidence of the following shall be considered:
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1. Any previous history of the animal attacking,
biting or causing injury to a human being or other domestic
animal;
2. The nature and extent of injuries inflicted and the
number of victims involved;
3. The place where the bite, attack or injury
occurred;
4. The presence or absence of any provocation for the
bite, attack or injury;
5. The extent to which property has been damaged or
destroyed;
6. Whether the animal exhibits any characteristics of
being trained for fighting or attack or other evidence to show
such training or fighting;
7. Whether the animal exhibits any characteristics
aggressive or unpredictable temperament or behavior in the
presence of human beings or other domestic animals;
8. Whether the animal can be effectively trained or
retrained to change its temperament or behavior;
9. The manner in which the animal had been maintained
or cared for by its owner;
10. Any other relevant evidence concerning the
maintenance or care of the animal; and
11. Any other relevant evidence regarding the ability
of the owner or the animal control officer, to protect the public
safety in the future if the animal is permitted to remain in the
City.
H. Dangerous Animal Declared. After the hearing, the
hearing officer may find, upon a preponderance of the evidence,
that the animal is dangerous and may make other orders authorized
by this Chapter and other law.
Section 6.21.070 Notification and Appeal.
After the hearing conducted pursuant to Section 6.21.060 of
this Chapter, the owner of the animal shall be notified in writing
of the determination and orders issued, either personally or by
first-class mail postage prepaid by the hearing officer. If a
determination is made that the animal is dangerous, the owner
shall comply with the hearing officer's determination and orders
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in accordance with a time schedule established by the hearing
officer, but in no case more than thirty days after the date of
the determination or thirty-five days if notice of the
determination is mailed to the owner of the animal. If the animal
control officer or the owner of the animal contests the
determination, he or she may, within five days of receipt of the
notice of determination, appeal the decision to the Riverside
County Superior Court as provided in California Food and
Agricultural Code Section 31622.
Section 6.21.080 Dangerous Animals --Disposition.
A. The owner of an animal which has bitten any person or a
domestic animal, or has otherwise been determined, after a
hearing, to be dangerous, may be required as a condition of the
release of the animal from confinement or impoundment, in addition
to paying all costs of any impoundment, to comply with the written
disposition of the hearing officer which contains any or all of
the following conditions requiring the owner:
1. Registration. To immediately register the animal
that is found to be dangerous with the animal control officer, to
comply with the animal control officer's requirements for
dangerous animals (including, but not limited to, requiring the
animal to wear a visible, dangerous animal tag), and to keep such
animal properly vaccinated at all times. The fee to keep or
maintain one dangerous animal shall be fifty dollars ($50.00) for
a twelve-month term, and the fee for each additional dangerous
animal shall be twenty-five dollars ($25.00). The fee shall be
paid for each twelve-month term. Should the animal die in any
twelve-month term, the owner shall notify the animal control
officer of the death within two working days of the death.
2. Confinement. To keep the animal securely confined
on its premises in a locked enclosure approved by the hearing
officer or the animal control officer from which the animal cannot
escape and into which children cannot trespass. Such a kennel or
structure must have secure sides and a secure top attached to the
sides. All structures used to confine the animal must be locked
with a key or combination lock when such animals are within the
structure. Such structure must have a secure bottom or floor
attached to the side of the pen or the sides of the pen must be
embedded in the ground no less than two feet. All structures
erected to house an animal must comply with all zoning and
building regulations of the City. All such structures must be
adequately lighted, ventilated, and kept in a clean and sanitary
condition.
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3. Confinement While on Leash. To keep the animal
securely muzzled, restrained by a substantial leash of appropriate
length and under the control of a responsible person eighteen (18)
years of age or older who is physically capable of restraining the
animal when the animal is not contained in a locked, secure
enclosure.
4. Spay or Neuter the Animal. To have the animal
spayed or neutered by a licensed veterinarian and to present proof
to the animal control officer.
5. Insurance. To provide and maintain financial
responsibility for injuries to the public by obtaining and showing
proof of liability insurance in the form and amount deemed to be
acceptable by the hearing officer in light of all the
circumstances. Such insurance policy shall provide that no
cancellation of the policy will be made unless thirty days written
notice is first given to the animal control officer and the City
Clerk's office.
6. Notification. To immediately inform any City,
county, postmaster and utility company meter reader and anyone
else that lawfully comes onto the property, of the animal's
dangerousness and to inform the animal control officer and/or the
hearing officer if the animal is moved to another location inside
or outside the City limits as provided in Section 6.21.090 of this
Chapter.
7. Signs. To display in a prominent place on the
premises a sign easily readable by the public using the words
"Beware of Dog" or "Beware of Animal" in letters at least three
inches high.
8. Identification. To have a registration number
assigned to such animal tattooed by a licensed veterinarian on the
animal's inner thigh or inserted by a licensed veterinarian under
the animal's skin by means of an electronic identification device.
The manner and method of identification to be used hereunder shall
be determined by the hearing officer. For the purposes of this
Section, "tattoo" shall be defined as any permanent numbering of
an animal by means of indelible or permanent ink.
9. Inspection. To consent and agree to the entry upon
the premises to any police officer or animal control officer for
the purpose of inspecting the animal and/or premises.
10. Payment of Costs. To make reasonable payment of
one-half of the costs incurred by the City and the animal control
officer in the hearing process, not to exceed one thousand dollars
($1,000.00).
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11. Other. To take any other steps deemed reasonably
necessary to prevent injuries to the public.
The owner of the animal shall comply with the conditions
imposed by the hearing officer within the time limit specified in
Section 6.21.070 of this Chapter.
B. No dangerous animal shall be kept on a porch, patio or
in any part of a house or structure that would allow the animal to
exit such building on its own volition. In addition, no such
animal may be kept in a house or structure when the windows are
open or screen doors are the only obstacle preventing the animal
from exiting the structure.
C. If, following the hearing, the subject animal is found
to be dangerous and such a threat to public safety that even if
reasonable conditions were imposed to release the animal to the
owner it would create a significant threat to the public health,
safety, or welfare, such animal may be destroyed. Such remedy
shall be in addition to all other remedies at law or in equity and
shall not limit or restrict such other remedies, including, but
not limited to, Section 6.21.100(A), which authorizes the hearing
officer to order an animal destroyed for violation of this Chapter
or failure to meet a condition imposed by the hearing officer.
D. Any decisions made by the hearing officer shall be
final.
E. If, after notice, the owner of an impounded animal fails
to appear or be represented at the required hearing, then the
animal may be considered abandoned. If the subject animal does
not appear to be validly licensed and no owner can be found, and
if the animal has been determined to be dangerous, then the animal
may be considered abandoned and may be handled in the same manner
as any other unclaimed stray animal.
F. If such an unlicensed animal has not been determined to
be dangerous, it shall be returned to the owner, subject to the
issuance of a citation for failure to obtain a license. A
nondangerous stray animal will be handled as any other stray
animal.
G. In such cases where an impounded licensed animal is
found to be dangerous, the animal may be released subject to the
conditions set forth in Subsection A of this Section.
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Section 6.21.090 Transfer and Training of Dangerous Animals.
A. Sale or Transfer Within City. No person shall sell,
transfer or in any other way dispose of an animal deemed dangerous
under this Chapter to any person within the City unless the
recipient person resides permanently in the same household and on
the same premises as the owner of such animal.
B. Sale or Transfer Outside City. The owner of an animal
that has been deemed dangerous under this Chapter may sell,
transfer, or otherwise dispose of such animal or the offspring
thereof to persons who do not reside within the City, provided the
owner first notifies the hearing officer and the animal control
officer of the proposed sale or transfer. Such notice shall be
given not less than fifteen days in advance of the sale or
transfer and shall specify the name and address of the recipient
person. Upon receipt of such notice, the hearing officer or the
animal control officer may notify the governmental jurisdiction in
which the recipient person is located or resides. Failure to
comply with these notification provisions shall be grounds for
immediate impoundment of the animal by the animal control officer.
C. Sale or Transfer Into City. It is unlawful for a person
to possess, own or control any animal for the purpose of either
temporary or permanent care in the City limits that has been
deemed by another governmental jurisdiction to be potentially
dangerous, dangerous, vicious, or a threat to the safety of human
beings or domestic animals. The animal control officer may order
the person having possession, ownership or control of the animal
to remove the animal immediately from the City. Should such
person fail to comply with the animal control officer's order, the
animal control officer may summarily and immediately impound the
animal. The owner of the animal shall be liable for the costs and
expenses of impounding and keeping the animal. Such impounded
animals may then be disposed of in accordance with the provisions
of this Chapter.
D. Fight Training and Animal Abuse Prohibited. It is
unlawful to use, train, keep, harbor, own or in any way possess or
transport through the City an animal for the purpose of animal
fight exhibitions. Scars and wounds are rebuttable evidence of
participation in animal fight exhibitions or training. "Fight
training" is defined to include, but not limited to:
1. The use or possession of treadmills for fight
training;
2. Actions designed to torment, badger or bait any
animal for purpose of encouraging said animal for fight
exhibitions;
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3. The use of weights on the animal for fight
training;
4. The use of other animals for blood sport training;
5. Any other activity, the primary purpose of which is
the training of animals for animal fight exhibitions.
It is further unlawful for anyone to knowingly abuse any
animal within the City limits.
E. Rewards. Subject to the budgetary and fiscal provisions
of this Code, the City is authorized to offer rewards not
exceeding two hundred fifty dollars ($250.00) to any person
providing information leading to the arrest of any person for
violations of prohibitions against the training of an animal for
fight exhibitions. The City Council may authorize said rewards by
resolution upon the request of the City Manager, animal control
officer or the Mayor.
Section 6.21.100 Enforcement and Penalties.
A. Failure to Comply. It is unlawful for the owner of an
animal deemed dangerous under this Chapter to fail to comply with
the requirements and conditions set forth in this Chapter. Any
animal found to be the subject of a violation of this Chapter or
of any condition imposed by the hearing officer pursuant to
Section 6.21.080 of this Chapter shall be subject to immediate
seizure and impoundment. In addition, failure to comply will
result in the destruction of the animal. No such animal however,
may be destroyed until the owner of the animal has received
written notice from the hearing officer that the animal will be
destroyed unless, within fourteen days from the date of the
notice:
1. The owner has demonstrated to the satisfaction of
the hearing officer that the owner has fully complied with the
requirements and conditions set forth in this Chapter, including,
but not limited to, the conditions imposed by the hearing officer
pursuant to Section 6.21.080 of this Chapter; or
2. The owner has filed in a court of competent
jurisdiction a petition that seeks to stay destruction of the
animal and has served a copy of such petition upon the hearing
officer.
The notice from the hearing officer shall be served upon the
owner either personally or by prepaid first-class mail. If, after
fourteen days from the date of such notice, the owner has not
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complied with the provisions of Subdivisions 1 or 2 of this
Subsection, the hearing officer may, without further notice or
process, have the animal destroyed.
B. Violations and Penalties. Any person violating any
provision of this Chapter shall be deemed guilty of an infraction
or misdemeanor as hereinafter specified. Such person shall be
deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the
provisions of this Chapter is committed, continued, or permitted.
Any person convicted of a violation of this Chapter shall be: (1)
guilty of an infraction offense and punished by a fine not
exceeding one hundred fifty dollars ($150.00) for a first
violation; (2) guilty of an infraction offense and punished by a
fine not exceeding two hundred fifty dollars ($250.00) for a
second violation of the same Chapter provision and perpetrated by
the same person. The third and any additional violations on the
same provision and perpetrated by the same person shall constitute
a misdemeanor offense and shall be punishable by a fine not exceed
one thousand dollars ($1,000.00) or six (6) months in jail, or
both. Notwithstanding the above, the first offense may be charged
and prosecuted as a misdemeanor. The payment of any penalty
herein shall not relieve a person from the responsibility for
correcting the violation.
C. Ownership of Dangerous Animals. The owner of an animal
determined to be dangerous under this Chapter shall be prohibited
from owning, possessing, controlling or having custody of any
other animal of the type, species, group or family to which the
violation applies for a period of three years from the date of
violation when it is found after the hearing conducted pursuant to
Section 6.21.060 of this Chapter that ownership or possession of
such animal by that person would create a significant threat to
public heath, safety or welfare.
D. Enforcement. Any provision of this Chapter may be
enforced by the Police Department, Fire Department, the animal
control officer or any authorized designee of the City Manager.
Complaints of any violations of this Chapter which are subject to
penalties under this Section may be presented to the District
Attorney's office or to the City Attorney for prosecution.
E. Nuisance Abatement Lien. The costs of abating a public
nuisance pursuant to the provisions of this Chapter may be
recovered from the owner of the animal causing the public
nuisance. If the owner fails to pay such costs within thirty days
from the date of invoice or within an extended period of time
agreed to in writing by the hearing officer, the costs may be
collected by a nuisance abatement lien, as provided by Section
38773.1 of the California Government Code. Notice of the lien
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shall be given to the owner of record of the parcel of land on
which the nuisance is maintained prior to recordation of the lien
and in the manner specified in said Section 38773.1.
F. Penalties and Remedies Cumulative. The penalties and
remedies specified herein shall not be exclusive but shall be
cumulative with all other remedies at law or in equity. The City
may, in its discretion, elect to pursue any one or more of the
penalties or remedies provided for herein or at law or in equity.
Section 6.21.110 Exemptions.
The provisions contained in this Chapter shall not apply to:
A. Any dog while utilized by any police department or any
law enforcement officer in the performance of police work;
B. Any animal shelter owned, operated or maintained by the
animal control officer; or
C. Any licensed kennel, humane society shelter, animal
control facility or veterinarian.
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