HomeMy WebLinkAboutORD NO 3256ORDINANCE NO. 3256 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SUBSECTION C. OF
SECTION 6.04.010, SECTION 6.04.110 AND
SUBSECTION A. OF SECTION 6.04.230 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
ANIMALS.
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Subsection C. of Section 6.04.010 of the Bakersfield
Municipal Code is hereby amended to read as follows:
6.04.010 Definitions.
C. "Health officer" means the executive director of the
organization which, by contract with the city, has the
responsibility of an animal control officer in charge of a public
pound, the licensing of animals and the impounding of such
animals within the city.
SECTION 2.
Section 6.04.110 of the Bakersfield Municipal Code is
hereby amended to read as follows:
6.04.110 Vicious or dangerous animals.
A. The health officer may declare an animal to be
vicious/dangerous if he has evidence to believe that it poses a
potential hazard to the health and safety of humans, other
animals, or property. In determining whether or not an animal is
vicious/dangerous, the health officer shall be guided by, but not
limited to, the following criteria:
1. Whether or not the animal has bitten any person or
other animal, damaged property or has threatened to do so.
2. Circumstances indicating the ferocity, temper, or
viciousness of the animal.
3. The reputation of the animal in the community as
to its temperament.
4. Its general menace to the public.
This section shall be operative even if the animal in
question is a dog that has been vaccinated and licensed as
required under Section 6.04.040.
B. If the health officer determines that an animal is
vicious/dangerous, he 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 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 that an animal is vicious/dangerous may be
appealed to an administrative review board under Subsection E. of
this section, but the order of the health officer shall stand
until such time as it is vacated by the review board.
C. Any violation of an order of the health officer by the
owner or person having custody of an animal shall constitute a
violation of this chapter.
D. Any animal determined to be dangerous by the health
officer (under Subsection B. of this section) 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 procedures in Subsection E. of this
section and the right to appeal the euthanasia.
E. Appeals of actions taken by the animal control
officer(s) under Subsections B. and D. of this section shall be
made in writing to the health officer and filed within five (5)
working days of the impoundment. The appeal shall list the name,
address, and phone number of the legal owner(s) of the animal(s)
and shall state the reason(s) for appeal of the order or the
euthanasia. The appeal shall be heard within two (2) weeks of
its filing by a five (5) member administrative review board
appointed by the health officer and constituted as follows:
1. One (1) member from the agency contracted by the
city for animal control. This member shall not be from the
animal control department of said agency.
2. One (1) member from the city staff. Three (3)
members who are not employed by the agency holding the city
animal control contract. These members should be familiar with
animals and/or animal control. Whenever practical, the
appointing officer shall appoint at least two (2) of these four
(4) at-large members from veterinary associations, humane
societies, or animal control agencies other than the one holding
the city animal control contract.
F. The disposition of the appeal shall be as decided by a
majority of the review board.
SECTION 3.
Subsection A. of Section 6.04.~30 of the Bakersfield
Municipal Code is hereby amended to read as follows:
6.04.230 Keeping noisy animals -- Complaints -- Investigation.
A. No person shall keep or maintain, or cause or permit to
be kept or maintained upon any premises in the city, or upon any
public street, highway, sidewalk, alley, park, playground or
other public place in the city, any animal, bird or fowl which by
any sound or cry whatsoever unreasonably disturbs the peace and
comfort of any neighborhood or interferes with the reasonable and
comfortable enjoyment of life or property by any person. Every
day during which any person continues to keep or maintain any
such animal, bird or fowl shall be a separate violation of this
chapter.
SECTION 4.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern)
CAROL WILLIAMS, 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 October , 19 89 she
posted on the Bulletin Board at City Hall, a. full, true and correct copy of
the following: Ordinance No. 3256 , passed by the Bakersfield
City Council at a meeting held on the 11th day of October , 1989 ,
and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING
SUBSECTION C. OF SECTION 6.04.010, SECTION 6.04.~110 AND SUB-
SECTION A. OF SECTION 6.04.230 OF THE BAKERSFIELD ~UNICIPAL CODE
RELATING TO ANIMALS.
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
NSAOPD
~PUTY Ci%y Clerk