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HomeMy WebLinkAboutORD NO 3762ORDINANCE NO. 8 ? 6 2 AN ORDINANCE AMENDING SUBSECTIONS B, D AND E OF SECTION 6.04.110 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO VICIOUS OR DANGEROUS ANIMALS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsections B, D and E of Section 6.04.110 of the Bakersfield Municipal Code is hereby amended to read as follows: 6.04.110 Vicious or dangerous animals. B. If the health officer determines that an animal is vicious/dangerous, he or his designee shall give a written order to the person who owns or has custody of the animal to keep it at all times securely fastened by chain, or securely confined within the private property of such owner or person having the custody of said animal, or keep said animal in such manner as the health officer or his designee directs so as to prevent it from having the opportunity to bite any person or other animal or damage any property until further order. Such order shall contain a notification to the person having custody of the animal of the appeal procedure set forth in subsection E of this section. The determination by the health officer or his designee that an animal is vicious/dangerous may be appealed to an administrative review board pursuant to subsection E of this section, but the order of the health officer or his designee shall stand until such time as it is vacated by the review board. D. Any animal determined to be dangerous by the health officer (under subsection B of this section) that is found to be in violation of the order of the health officer, or that subsequently bites or otherwise injures a person or other animal, or damages property, may be impounded for euthanasia. At the time of impoundment, the health officer shall notify the animal's owner in writing of the appeal procedure in subsection E of this section and right to appeal the impoundment for euthanasia. E. Appeals of actions taken by the health officer or his designee pursuant to this section shall be made in writing to the health officer within five working days of the impoundment. The appeal shall list the name, address, and phone number of the legal owner(s) or persons having custody of the animal(s) and shall state the reason(s) for appeal. The appeal shall be heard within thirty days of its filing by a five member administrative review board appointed by the city council. Members should be familiar with animals and/or animal control. Whenever practical, the city council shall appoint at least two members from veterinary associations, humane societies or animal control agencies other than the one holding the city animal control contract. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... 000 .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on M,~y by the following vote: AYES: COUNCILMEMBER Det~ONO, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SAL.VAGGIO N06S: COUNCILMEMBER A~TNN: COUNCILMEMBER N~SENT: COUNCILMEMBER CITY CLERK and Ex Officio ¢/lerk of the Council of the City of Bakersfield APPROVED By: MAY 7 1~7 BOB PRICE MAYOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY Assistant City Attorney LCM/bsb April 7, 1997 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA ) County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 13th day of May, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3762, passed by the Bakersfield City Council at a meeting held on the 7th day of May, 1997, and entitled: Ordinance amending Subsections B, D and E of Section 6.04.110 of the Bakersfield Municipal Code relating to vicious or dangerous animals. Is/ PAMELA A. McCARTHY City Clerk ofthe City of Bakersfield 'DEIS, UTYCityClerk~J ~ ~