The URL can be used to link to this page

Home My WebLink About08/18/1989 VICE MAYOR REFERRAL (PROPOSED ORDINANCES ONLY) DATE OF REFERRAL: August 18, 1989 REFERRED TO: Urban Development - Jack Hardisty ITEM: (Proposed) An Ordinance of the Council of the City of Bakersfield Amending Subsection C. of Section 6.04.010, Section 6.04.110, Subsection A. of Section 6.04.230 abd Subsection A. of Section 6.04.270 of the Bakersfield Municipal Code Relating to Animals. BACKUP MATERIAL ATTACHED: Yes STATUS: To Council Committee Committee Report No. ~/~ Sent to Council on Public Hearing on Ordinance Adopted (dar6) Proposed Ordinance Canceled (date) Other cc: Carol Williams Mary Ellen Gonzales REFER.21 JP MEMORANDUM August 11, 1989 To: Vice Mayor Pat smith From: Arthur J. Saalfield /~~ City Attorney ~'~ Subject: REFERRAL OF PROPOSED O~D~tNANCE RELATING TO ANIMALS. Please refer the following proposed ordinance to whichever com- mittee you deem appropriate: 1. ANIMALS. Background: This ordinance creates a procedure for declaring an animal to be vicious and/or dangerous, and creates a remedy for those animals so designated which subse- quently harm a person, another animal or damage property. It also changes the language of the "noisy animal" ordinance to eliminate problems of vagueness. Thank you. AJS/meg 4:M.SMITH12 Attachment cc: J. Dale Hawley Cal Bidwell, Building DRAFT ORDINANCE NO. NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIF. T.D AMENDING SUBSECTION C. OF SECTION 6.04.010, SECTION 6.04.110, SUBSECTION A. OF SECTION 6.04.230 AND SUBSECTION A. OF SECTION 6.04.270 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 in regards 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 than 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: - 2 - 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 6.04.230 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. Subsection A. of Section 6.04.270 of the Bakersfield Municipal Code is hereby amended to read as follows: 6.04.270 Violation - Penalty. A. Any person owning, or having the care, custody or control of any dog in the city who wilfully refuses, fails or neglects to furnish to the health officer, license collector or - 3 - any duly qualified and licensed physician or veterinarian authorized to vaccinate and license dogs and collect the license fees thereon, as provided in this chapter, the information necessary to properly vaccinate and license such dog, or who resists, hinders or prevents the health officer or any of his assistants in the exercise of his duties, or who fails, neglects or refuses to pay the license fee at the time and in the manner provided in this chapter, or who violates any of the provisions of this chapter, with the exception of Section 6.04.230, shall be guilty of a misdemeanor, and upon conviction shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County jail of the County for not more than six (6) months, or by both such fine and imprisonment. SECTION 5. 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 - 4 - 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 , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. SAALFIELD CITY ATTORNEY of the City of Bakersfield LCM/meg ANIMAL.ORD 8/10/89 -- 5 --