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.
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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 ~ ~