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HomeMy WebLinkAboutOrdinances - No. 1904ORDINANCE NO. 1904 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 6 "ANIMALS" BY REPEALING AND REENACTING CHAPTER 6.15 "VICIOUS/POTENTIALLY DANGEROUS DOGS" IN ITS ENTIRETY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: Section 1. Lodi Municipal Code Chapter 6.15 "Vicious/Potentially Dangerous Dog" is hereby repealed and reenacted and shall read as follows: CHAPTER 6.15 VICIOUS/POTENTIALLY DANGEROUS DOGS 6.15.010 Definitions. 6.15.020 Behavior prohibited. 6.15.030 Abatement hearing procedure for vicious or potentially dangerous dogs. 6.15.040 Time limit to meet requirements. 6.15.050 Insurance requirements for vicious or potentially dangerous dogs. 6.15.060 Unlawful to own, harbor or keep a dog found by another jurisdiction to be vicious or potentially dangerous. 6.15.070 Muzzling of a vicious or potentially dangerous dog. 6.15.080 Civil penalties for violations of provisions regulating vicious or potentially dangerous dogs. 6.15.090 Notice of escape or disposal of vicious or potentially dangerous dogs. 6.15.100 Sterilization requirement and microchip for vicious or potentially dangerous dogs. 6.15.110 Penalties for willful violation of provisions regulating vicious and potentially dangerous dogs. 6.15.120 Exemption for police dogs. 6.15.010 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 section" means that section of the Lodi Police Department designated by the chief of police as being responsible for animal control and/or services within the city. B. "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 assure the dog's containment. C. "Impoundment" means the taking into custody of an animal by a police officer or an animal services officer. D. "Muzzle" means a device that is placed over the snout of an animal to keep it from biting. A muzzle is primarily solid with air holes to allow the animal to breathe and drink usually made in leather, wire, plastic, nylon or similar materials. E. "Potentially dangerous dog" means: Any dog which, when unprovoked, on two separate occasions within the prior thirty -six-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 off the property of the owner or keeper of the dog; or 2. Any dog which, when unprovoked, bites a person causing a less severe injury than that defined in 6.15.010 (F) of this section; or 3. Any dog when unprovoked on two separate occasions within the prior thirty six- month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury while attacking a domestic animal or chicken hen off the property of the owner or keeper of the dog. F. "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. G. "Unprovoked" means without being intentionally incited to aggressive action. H. "Vicious dog" means: Any dog which has been trained to fight or which is owned or maintained for this purpose; or 2. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; or 3. 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 is maintained in violation of the requirements of a potentially dangerous dog— ; or 4. Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury, while attacking a domestic animal or chicken hen off the property of the owner or keeper of the dog. 6.15.020 Behavior prohibited. A. Vicious dog. It is unlawful for any person owning, possessing, controlling, harboring or keeping any dog or puppy to cause or permit said animal to exhibit or engage in any prohibited behavior as defined in section 6.15. 010 (H). 2 B. Potentially dangerous dog. It is unlawful for any person owning, possessing, controlling, harboring or keeping any dog or puppy to cause or permit said animal to exhibit or engage in any prohibited behavior as defined in section 6.15.010 (E). C. This chapter shall not apply to any dog assisting a peace officer or park ranger engaged in law enforcement duties. 6.15.030 Abatement hearing procedure for vicious or potentially dangerous dogs. Purpose and Intent. Within the city there are vicious and potentially dangerous dogs which constitute a public nuisance which should be abated. The provisions of this section provide an administrative procedure by which dogs found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This section is intended to supplement rather than supplant any other remedy available either under state law or this code. A. Vicious Dog Defined. Any dog, except one assisting a peace officer or park ranger engaged in law enforcement duties, which demonstrates any of the behavior as described in Sections 6.15. 010 or 6.15.020 as set forth herein, is presumed vicious or potentially dangerous. B. Potentially Dangerous Dog Defined. Any dog, except one assisting a peace officer or park ranger engaged in law enforcement duties, which demonstrates any of the behavior as described in Section 6.15.010(E), is presumed to be potentially dangerous. C. Investigation. Any incident reported to the Lodi police department concerning a vicious dog or potentially dangerous dog may be investigated by the police chief, or designee. The investigation may consist of the observations and/or reports of officers made at the time of the incident, or follow-up reports. If, based on the investigation, the police chief or designee, concludes that there is probable cause to believe that the dog is vicious or potentially dangerous, he shall so certify in writing within ten days following completion of the investigation to the person owning or controlling the dog. Thereafter a hearing may be held pursuant to subsections D, E and F of this section. D. Confinement of Dog. If the police chief or designee, certifies that there is probable cause to believe that a dog is vicious or potentially dangerous and a risk to public safety, the police chief or designee may direct any animal control officer, police officer or other authorized employee of the city to enter the yard of any private residence or business in order to seize any such dog, whether running at large or not, and confine the dog at an appropriate animal shelter pending the decision of the city manager or designee, following the hearing provided for in subsections D, E and F of this section. The cost of said confinement shall be paid by the person owning or controlling such dog. The dog shall not be released until such costs have been paid in full. E. Hearing—Schedule. A hearing date shall be set not later than fifteen business days from the date of certification. The city manager, or the appointed hearing officer, shall mail or otherwise deliver to the owner or person controlling the dog and other interested persons, which may include but is not necessarily limited to, properties within three hundred feet of the address of the owner or person controlling the dog, at least five business days prior to the date set for hearing, a notice in substantially the following form: NOTICE OF HEARING REGARDING VICIOUS DOG [OR POTENTIALLY DANGEROUS DOG] TO: (name) ; (address) NOTICE IS HEREBY GIVEN that pursuant to the provisions of Section 6.15.030 of the Lodi Municipal Code, the Police Chief has certified that there is probable cause to believe a dog owned or controlled by you, a (breed) , is vicious [or potentially dangerous] . FURTHER NOTICE IS HEREBY GIVEN that on the day of 20 , at the hour of o'clock, in the offices of the City Manager, City Hall, 221 West Pine Street, Lodi, California, the report of the Police Chief or designee, will be considered by the City Manager or an appointed hearing officer with such other oral and documentary evidence bearing upon the question of whether your dog is vicious [or potentially dangerous]. You may appear and may present evidence at the hearing. You may also be represented by an attorney. If you fail to appear without giving notice to the city manager, the matter may proceed in your absence and such absence may be further considered a waiver of your right to present evidence and object to any decision made. In the event your dog is found to be vicious [or potentially dangerous], it will be ordered to be controlled, confined, destroyed, restricted, or otherwise abated as a public nuisance and any impoundment cost incurred shall be assessed against you. A copy of this notice has been sent to property owners within three hundred feet of your address. Dated: City Manager F. Hearing—Procedure. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the dog is vicious or potentially dangerous. Any owner who fails to appear after notice as provided herein was given, without obtaining a continuance from the city manager or an appointed hearing officer, may be deemed to have waived any right to introduce evidence or object to an order made by the city manager. If the hearing is conducted by a hearing officer other than the city manager, the hearing officer shall submit a report to the city manager summarizing the evidence and making a recommendation as to disposition. G. Hearing—Findings—Public Nuisance. If, based upon the hearing, and the report of the hearing officer, if any, the city manager upholds the findings of the police chief or designee, that the dog is vicious or potentially dangerous, the city manager shall so specify in writing together with the reasons therefore. Any dog found to be vicious or potentially dangerous is deemed a public nuisance and shall be, pursuant to the order of the city manager, humanely destroyed, be removed from the city, or the nuisance otherwise abated by appropriate order of the city manager. The decision of the city manager shall be made within ten business days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by certified mail or personally served upon the person owning or controlling the dog. H. Cost of Impoundment. If the city manager finds the dog is vicious or potentially dangerous, the costs of impoundment incurred by the city, including any abatement period, shall be paid by the owner or the person controlling the dog and may become a lien against the real property upon which the dog was kept and maintained until said lien is paid. If the order includes 4 the release of a dog found to be vicious or potentially dangerous to the owner or person controlling it, the dog shall not be released until such costs have been paid in full. If such costs have not been paid within thirty calendar days after the date of mailing or delivery of the order, the city manager may dispose of the dog in any manner provided by law, or return the dog and pursue alternative collection procedures. The total amount of the impoundment charges may be entered on the next fiscal year tax roll as a lien against the property upon which the dog was maintained and shall be subject to the same penalties as are provided for other delinquent taxes, liens or assessments of the city, or an action may be brought in the name of the city to recover the costs of impoundment. Criminal Sanctions. Any violation of this Chapter 6.15 is a misdemeanor. 6.15.040 Time limit to meet requirements. All requirements for owners of a dog determined vicious or potentially dangerous must be satisfied within thirty calendar days of notice of determination. Proof of compliance must be provided to Animal Services. If all the requirements are not satisfied within thirty calendar days, or the animal owner is unable or unwilling to comply, the dog shall be humanely euthanized either by an animal services officer or by a licensed veterinarian. Proof of euthanasia shall be provided to Animal Services within two business days. 6.15.050 Insurance requirements for vicious or potentially dangerous dogs. The owner or keeper of any dog determined to be vicious or potentially dangerous under this chapter or a court of competent jurisdiction shall present to Animal Services proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars. The liability insurance shall cover any damage or injury which may be caused by the vicious or potentially dangerous dog. The liability insurance coverage shall be evidenced by a certificate issued by the insurer. Liability insurance shall not be cancelled unless the owner or keeper ceases to keep the dog prior to expiration of that license. City to receive notice of the annual renewal and all cancellations of the required liability insurance. 6.15.060 Unlawful to own, harbor or keep a dog found by another jurisdiction to be vicious or potentially dangerous. No dog, which has been determined to be vicious or potentially dangerous following an administrative hearing or court proceeding by another jurisdiction, will be allowed to be kept, owned or harbored in the city. A notice by Animal Services to remove any dog owned, harbored or maintained in violation of this section may be appealed to the city manager or designee by filing a written statement for the appeal within five business days of the receipt of said notice. Decision of the city manager or designee is final and not subject to an administrative appeal. 6.15.070 Muzzling of a vicious or potentially dangerous dog. In any case where a dog determined to be vicious or potentially dangerous pursuant to this chapter is outside an enclosure, except in cases where it is inside the dwelling of its owner or keeper, which dwelling is sufficient to contain the dog, or in custody of a veterinarian, the dog shall be securely and humanely muzzled and restrained with a harness and nylon leash sufficient to restrain the dog, having a minimum tensile strength of three hundred pounds and not exceeding two feet in length, and shall be under the direct charge and control of its owner or 5 keeper. For the purposes of this section, a dog which is humanely muzzled shall be able to drink, breathe and pant freely. 6.15.080 Civil penalties for violations of provisions regulating vicious or potentially dangerous dogs. Any violation of this chapter involving a vicious or potentially dangerous dog shall be punishable as a misdemeanor per Chapter 1.08 of the Lodi Municipal Code. Such fine may be assessed by city manager or designee after hearing conducted or by a court of competent jurisdiction and shall be paid to the city to defray the cost of implementation of this chapter. 6.15.090 Notice of escape or disposal of vicious or potentially dangerous dogs. A. The owner or keeper of any dog found to be vicious or potentially dangerous shall notify Animal Services immediately if the dog has attacked another animal, has bitten a human being, has escaped the custody and control of the owner or keeper, or has died. If the dog is sold, transferred, or permanently removed from the city where the owner or keeper resides, the owner shall notify the Animal Control of the changed condition and new location within two business days. 6.15.100 Sterilization requirement and microchip for vicious or potentially dangerous dogs. The owner or keeper of any dog found to be vicious or potentially dangerous pursuant to this chapter shall, at their expense, have a microchip, assigned by Animal Services, inserted into the dog for identification purposes. The identifying information listed on the microchip shall be noted in the city licensing files for that dog. A dog that has been found to be potentially dangerous or vicious pursuant to this chapter shall be sterilized at the owner's expense. 6.15.110 Penalties for willful violation of provisions regulating vicious and potentially dangerous dogs. It is a misdemeanor for any owner or keeper of a determined vicious or potentially dangerous dog to intentionally fail to comply with Sections 6.15.090 (Notice of escape or disposal of vicious or potentially dangerous dogs), 6.15.050 (Insurance requirements for vicious or potentially dangerous dogs), 6.15.100 (Sterilization requirement and microchip for vicious or potentially dangerous dogs), and 6.15.070 (Muzzling of a vicious or potentially dangerous dog). Conviction for a violation of this chapter shall be punished by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Upon conviction of a misdemeanor under this chapter, the court shall order the vicious or potentially dangerous dog to be seized and humanely destroyed. Any person convicted of a violation of this chapter shall be prohibited from owning or keeping any dog within the city for a minimum of three years. 6.15.120 Exemption for police dogs. This chapter does not apply to any dog owned by a government agency, when the dog is used in the performance of law enforcement duties. SECTION 2 No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. 6 SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. Approved this 20th day of May, 2015 ATTEST: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. BOBJOHNSON MAYOR I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1904 was introduced at a regular meeting of the City Council of the City of Lodi held May 6, 2015, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held May 20, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1904 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved to Form: JANICE D. MAGDICH City Attorney 7 JENNIFER M. FERRAIOLO City Clerk