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HomeMy Public PortalAboutOrd. 1635ORDINANCE NO. 1635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SUBSECTION 8-4 TO CHAPTER 8 OF THE LYNWOOD MUNICIPAL CODE REGULATING VICIOUS AND DANGEROUS DOGS IN THE CITY OF LYNWOOD WHEREAS, the City Council of the City of Lynwood previously adopted ordinance 1612 adding subsection 8 -4 to Chapter 8 of the Lynwood Municipal Code to declare vicious and dangerous dogs as a public nuisance to react to vicious and dangerous dogs having become a serious threat to the safety and welfare of the citizens in the City; and WHEREAS, certain provisions of subsection 8-4 to Chapter 8 are inconsistent with other provisions of the Lynwood Municipal Code; and WHEREAS, this Ordinance will amend said provisions of subsection 8 -4 to Chapter 8 to be consistent with other provisions of the Lynwood Municipal Code; and WHEREAS, the City intends to protect the health and safety of the residents in its residential neighborhoods and other areas within the City from vicious and dangerous animals; and WHEREAS, the Council finds and determines that this ordinance is necessary for the preservation of the public health, safety and general welfare, and will help attain the foregoing objectives. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Subsection 8 -4 to Chapter 8 of the Lynwood Municipal Code is hereby amended, at 8-4.1 to read as follows: "84.1 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" shall have the meaning set forth in Section 10.37.030 of the County Code, as adopted per section 8 -2 of this code." Section 2. Subsection 8 -4 to Chapter 8 of the Lynwood Municipal Code is hereby amended, at 8-4.9 to read as follows: "8-4.9 Restraint and Enclosure. "A dog determined to be potentially dangerous pursuant to this chapter shall at all times while not securely confined indoors shall be confined in an enclosure, as defined under Section 10.37.050 of the County Code, as adopted under section 8 -2 of this code." Section 3. This Ordinance shall become effective thirty (30) days from adoption. Section 4. The City Clerk of the City of Lynwood is hereby directed to certify 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 5th day of October, 2010 and adopted and ordered published at a regular meeting of said Council on the 19th day of October, 2010. PASSED, APPROVED, and ADOPTED this 19th day of October, 2010. ATTEST: i Maria L. Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney Maria T. Santillan, Mayor 'of - - .�- APPROVED AS TO CONTENT: Jonathan 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 19th day of October, 2010. 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. 1635 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 19th day of October, 2010. 07/ A W�'' � - -�