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Home My WebLink AboutORD NO 3941ORDINANCE NO. :~ 9 ZJ AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 6.05 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO VICIOUS DOGS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 6105 of the Bakersfield Municipal Code is hereby added to read as follows: CHAPTER 6.05 VICIOUS DOGS Sections: 6.05.010 6.05.020 6.05.030 6.05.040 6.05.050 6.05.060 6.05.070 6.05.080 6.05.090 6.05.100 Definitions. Administrative hearing to determine if dog potentially dangerous or vicious, or if owner of a previously determined potentially dangerous or vicious dog is in violation of this chapter, or if dog a significant public threat. Notice to owner of hearing. Time of hearing. Hearing open to public. Evidence at hearing. Findings, determinations, declarations and order. Exceptions to determination that dog is potentially dangerous or vicious. Seizure, impoundment and destruction of dogs which are significant public threat. Severability. 6.05.010 Definitions. For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows: A. "Animal control officer" means any officer employed to enforce the provisions of this chapter by the organization which, by contract with the city, is responsible for the operation of a public pound, the licensing of animals and the impounding of such animals within the city. "animal control officer" includes license collectors. B. "Animal owner" means any person or entity who owns or has custody or possession of a dog or other animal referred to herein. Page 1 of 6 C. "Director of animal control" means the executive director of the organization, or his designee, which, by contract with the city, has the responsibility of enforcing the provisions of this chapter. D. "Dog" includes both male and female dogs, irrespective of age. E. "Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous dog or vicious dog. The enclosure shall be securely locked, shall have secure sides and bottom sufficient to prevent the dog from escaping, and shall be of sufficient size to provide the dog with an adequate exercise area. A top may be required for the enclosure if necessary to ensure the dog's containment. F. "Impoundment" means taken into custody by a peace officer or an animal control officer. G. "Potentially dangerous dog" means: 1. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are offthe property of the owner or keeper of the dog; or 2, Any dog which, when unprovoked, bites a person causing a transitory or short-lived bodily distress or incapacity without need for multiple sutures or corrective or cosmetic surgery; or 3. Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a "guide dog for the blind," a "service dog for the disabled," or a "hearing dog for the deaf" while off the property of the owner or keeper of the dog; or 4. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six (36) month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury while attacking a domestic animal off the property of the owner or keeper of the dog. H. "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. I. "Unprovoked" means without being intentionally incited to aggressive action. J. "Vicious dog" means: 1. Anydog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; or 2. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in the definition of "potentially dangerous dog"; or 3. Any dog that is associated with conduct which results in the dog's owner or keeper being convicted under Penal Code section 597.5(a). (Prior Code § 6.04.110.) 6.05.020 Administrative hearing to determine if dog potentially dangerous or vicious, or if owner of a previously determined potentially dangerous or vicious dog is in violation of this title, or if dog a significant public threat. Page 2 of 6 A. If an investigation conducted by any peace officer or animal control officer results in a determination that there is probable cause to believe that (1) a dog is potentially dangerous or vicious; or (2) that the owner of a previously determined potentially dangerous or vicious dog is in violation of any of the provisions of this chapter or orders of the city manager or his or her designee issued pursuant thereto; or (3) if any dog is a significant threat to the public health, safety, and welfare, the director of animal control shall file with the city manager or his or her designee a verified complaint setting forth facts that establish probable cause to believe the dog in question is potentially dangerous or vicious, that the owner of a previously-determined, potentially dangerous or vicious dog is in violation of any of the provisions of this chapter or orders issued pursuant thereto, or that a dog is a significant threat to the public health, safety, and welfare. B. The city manager or his or her designee shall conduct a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious, or if the owner of a dog previously determined potentially dangerous or vicious is in violation of this title and if so, what orders or penalties should apply, or if a dog poses a significant threat to public health, safety and welfare and, if so, what orders should apply. (Prior Code § 6.04.110.) 6.05.030 Notice to owner of hearing. The animal owner shall be served a copy of the verified complaint, a court petition if filed, and a notice of hearing date, time and place, either personally or by first-class mail with return receipt requested. (Prior Code § 6.04.110.) 6.05.040 Time of hearing. A hearing conducted pursuant to this chapter shall be held promptly within no less than five working days nor more than ten working days after service of notice upon the animal owner, (Prior Code § 6.04.110.) 6.05.050 Hearing open to public. The hearing shall be open to the public. (Prior Code § 6.04.110.) 6.05.060 Evidence at hearing. The city manager or his or her designee may receive at the hearing all relevant evidence from both the director of animal control and the peace officer and the animal owner. Such evidence may include incident reports and affidavits of witnesses. (Prior Code § 6.04.110.) 6.05.070 Findings, determinations, declarations and order. The findings, determinations, declarations and orders of the city manager or his or her designee shall be in writing based upon whether, by a preponderance of the evidence, the dog is proven potentially dangerous or vicious, or the owner of previously determined potentially dangerous or vicious dog is proven in violation of this chapter or orders issued pursuant thereto, or a dog is proven to pose a significant threat to public health, safety and Page 3 of 6 welfare. Service of the findings, determination and any orders issued pursuant thereto shall be made upon the animal owner either personally or by first-class mail return receipt requested. The findings, determination and orders of the city manager or his or her designee are final. (Prior Code § 6.04.110.) 6.05.080 Exceptions to determination that dog is potentially dangerous or vicious. No dog may be declared potentially dangerous or vicious or a threat to public health, safety and welfare solely because any of the following conditions result: A. Injury or damage is sustained by any person who at the time of the injury or damage was physically abusing, tormenting, teasing, or assaulting the dog; B. Injury ordamage is sustained by a person while committing a wilful trespass or other tort upon premises occupied by the animal owner or while committing or attempting to commit a crime; C. Injury or damage is sustained by a person acting in concert with a person who, at the time the injury or damage was sustained, was committing a wilful trespass or other tort upon premises occupied by the animal owner or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime; D. Injury or damage is sustained by a domestic animal, which at the time the injury or damage was sustained, was teasing, tormenting, abusing, or attacking the dog; E. Injury or damage is sustained by a person who has gained uninvited and unauthorized entry onto fenced or indoor property of the animal owner, except that as used in this section, "unauthorized entry" shall not include entry into a fenced residential front yard unless such yard is either locked or posted to prohibit entry; F. The dog acts to protect or defend a person within the immediate vicinity of the dog from an unjustified attack or assault. (Prior Code § 6.04.110.) 6.05.090 Seizure, impoundment and destruction of dogs which are significant public threat. If, upon investigation, it is determined by a police officer or animal control officer that probable cause exists to believe any dog poses an immediate threat to public safety, then the peace officer or animal control officer may enter any premises where the dog is kept, other than a place of residence or closed garage, to seize and impound the dog pending any hearing to be held pursuant to this chapter. Subsequent to such hearing, if the dog is determined to be vicious and its release would create a significant threat to the public health, safety, and welfare, the city manager or his or her designee may issue an order that the director of animal control destroy the dog. No such order shall take effect until at least two working days after the personal service of the order upon the known animal owner or seven working days after the date of mailing if the order is sent by first-class mail to the known animal owner. If the animal owner is unknown, no such order shall take effect until the dog has been impounded at least seven calendar days. Page 4 of 6 6.05.100 Severability. If any section, subsection, sentence, clause, phrase, or word of this chapter is, for any reason, held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed and adopted this chapter, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. --ooOOOoo-- GG:cj November 29, 1999 S:\COU N CI L\OrdstViciousDogAdd.wpd Page 5 of 6 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 on9~,_!._5~_~ by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER ~O COUNCILMEMBER ~ CITY CLERK and EX OFFICIO of the Council of the City of Bake~field APPROVED: DEC [5 1999 /I ~ i;' B(~, PRICE Mayor APPROVED AS TO FORM: BART J. THILTGF~N City Attorney .-"/' Deputy City Attorney GG:cj November 29, 1999 S:\COU NCIL\Ords\ViciousDogAdd .wpd Page 6 of 6 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. 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 16th day of December , 1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3941 , passed by the Bakersfield City Council at a meeting held on the 15th day of December 1999 and entitled: An ordinance of the Council of the City of Bakersfield Adding Chapter 6.05 to the Bakersfield Municipal code relating to Vicious Dogs. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY' City Clerk '~ S:\DOCU M E NT~AOPOSTING December 16, 1999