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HomeMy Public PortalAboutOrd. 1612ORDINANCE NO. 1612 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SUBSECTION 8 -4 TO CHAPTER 8 OF THE LYNWOOD MUNICIPAL CODE DECLARING VICIOUS AND DANGEROUS DOGS AS A PUBLIC NUISANCE WHEREAS, potentially vicious dogs have become a serious threat to the safety and welfare of the citizens of this city; and WHEREAS, attacks by potentially dangerous and vicious dogs on human beings and domestic animals are the result of the owner's failure to register, confine, and properly control vicious and potentially dangerous dogs; and WHEREAS, the City has the intent of protecting the health and safety of the residents in its residential neighborhoods and other areas within the City from vicious and dangerous animals. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That a new subsection 8 -4 is added to Chapter 8 of the Lynwood Municipal Code to read as follows: VICIOUS AND DANGEROUS DOGS. Vicious and Dangerous Dogs 8-4 Declaration of public nuisance. It is the purpose and intent of this chapter to establish procedures pursuant to Food and Agricultural Code Section 31601 et seq. and California Penal Code section 373a to deal with potentially dangerous and vicious dogs and their owners. 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. 8 -4.1 Definitions. For the purposes of this chapter, the words set out in this section shall be defined as follows. "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 (12) 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. "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 under the definition of "potentially dangerous dog" above, 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. 8 -4.2 Procedure for declaring dog potentially dangerous and /or vicious. A. If a Code Enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the Director of Development Services, 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 Director of Development Services 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 Lynwood 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 Lynwood Municipal Code Section 8 -4.1 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 Lynwood of the changed condition and new location of the dog within two days in writing; (4) The dog shall be impounded until it is no longer required as evidence, is no longer declared to be dangerous or vicious, or is destroyed pursuant to this chapter. (5) The dog shall be destroyed; (6) Owner shall pay any and all costs incurred by the City in the administration of Lynwood Municipal Code Section, 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 Lynwood. 8 -4.3 Administrative Hearing by City Manager. A. At the time stated in the notice, the City Manager or his or her 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 or is not potentially dangerous or vicious and may make other orders authorized by this chapter. B. In making a determination that a dog is or is not dangerous, evidence of the following shall be considered: 1. Any previous history of the dog or other animal attacking, biting or causing injury to a human being or other 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 dog or other animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting; 7. Whether the dog or other animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals, 8. Whether the dog or other animal can be effectively trained or retrained to change its temperament or behavior; 9. The manner in which the dog or other animal had been maintained by its owner or custodian; 10. Whether ownership or possession of the dog would create a significant threat to the public health, safety, and welfare. 11. Any other relevant evidence concerning the maintenance of the dog or other animal; 12.Any other relevant evidence regarding the ability of the owner or custodian, or the Department, to protect the public safety in the future if the dog or other animal is permitted to remain in the City. The hearing may be continued from time to time. B. Upon a determination by the Hearing Officer by a preponderance of the evidence that the animal which is the subject of the hearing is or is not 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. 8 -4.4 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. 8 -4.5 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. 8 -4.6 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. 8 -4.7 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 or 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. 8-4.8 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 8- 4.2, 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. 8 -4.9 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 or her 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. 8 -4.10 Posting of property 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. 8 -4 -11 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 (48) 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 (48) 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. 8 -4.12 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 (24) 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. (Ord. 783 § 2 (part), 1998: prior code § 3663) 8-4.13 Removal from list of potentially dangerous dogs. If there are no additional instances of the behavior described in Section 8-4.1 within a thirty -six (36) 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 (36) 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. 8 -4.14 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 Manager or his or her 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. 8 -4.15 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. 8-4.16 Violations — Penalties; Civil and Criminal A. Any violation of this chapter involving a potentially dangerous dog shall be punishable by an administrative fine not to exceed five hundred dollars ($500.00). Any violation of this chapter involving a vicious dog shall be punishable by an administrative fine not to exceed one thousand dollars ($1,000.00). 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. B. Any violation of this Chapter by a person who owns or is in charge of or controls or who possesses a dog or other animal who permits, allows or causes the dog or other 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 is guilty of a misdemeanor if said dog or other animal bites, attacks or causes injury to any human being or other animal. C. Every person who fails to surrender to the City upon demand a dog which is subject to being impounded pursuant to this section is guilty of a misdemeanor and shall be punished accordingly. D. Every person who maintains, permits, or allows a public nuisance to exist by maintaining a dangerous or vicious dog upon his or her property or premises, and every person occupying or leasing the property or premises of another who maintains, permits or allows a public nuisance to exist thereon by maintaining a dangerous or vicious dog, after reasonable notice in writing from the City to remove, discontinue or abate the same has been served upon such person, is guilty of a misdemeanor, and shall be punished accordingly. The continuous existence of such nuisance for each and every day after the service of notice by the City shall be deemed a separate and distinct offense whereby persons guilty of violating this section shall be subject to continuous prosecutions by the City Attorney until the nuisance is abated and removed. E. Any person convicted under this section shall not own, possess, control or be in charge of any dangerous or vicious dog for a period of three (3) years from the date of conviction. The Department shall not issue or renew any license or permit for a dog, except that upon the written request of the person so convicted, the General Manager may authorize the issuance of a dog license pursuant to the provisions of the Municipal Code for maintaining such animals. The City Attorney, in his or her sound discretion, may prosecute violations of this chapter as infractions or misdemeanors. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, or portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. This ordinance shall take effect thirty (30) days after its final passage. Section 4. The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law. First read at a regular meeting of the City Council held on the 7th day of April, 2009 and adopted and ordered published at a regular meeting of said Council held on the 21St day of April, 2009. ATTEST: Maria L. Quinonez, City Clerk APPROVED AS TO FORM a 8*- Fred Galante, City Attorney ` 6- 4C Maria T. Santillan, Mayor � Roger or Manager APPROVED AS TO CONTENT: J!�Oathan Colin, Director Development Services Department STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 21St day of April, 2009. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: ABSTAIN: ABSENT: i Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1612 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 21St day of April, 2009. i Maria Quinonez, City Clerk