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HomeMy WebLinkAboutOrdinance No. 2203 } ORDINANCE NO. 2203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTIONS 10 . 08 . 010, 10 . 08 . 030 AND 10 .08 . 060 OF THE AZUSA MUNICIPAL CODE AND REPEALING SECTION 10 . 08.100 OF THE AZUSA MUNICIPAL CODE, RELATING TO THE CONTROL OF DANGEROUS ANIMALS THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 10 . 08 . 010 of the Azusa Municipal Code is hereby amended to read as follows: "Section 10 . 08 . 010 DEFINITIONS. A. "Dog" means any canine more than four months of age with respect to requirements for licensing, and for purposes of Title 19 , and shall mean any canine, no matter what age, for all other purposes . B. "Kennel" means a place or enclosure where more than three dogs are kept. C. "Puppy" means any canine four months of age or younger with respect to licensing and for purposes of Title 19 . D. "Dangerous animal. " 1. Any animal, except a dog kept or con- trolled by a police officer for law enforce- ment purposes, which has demonstrated any or all of the following behavior, is pre- sumed dangerous: a. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting him- self peaceably and lawfully; b. An attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal; c. An attack, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is conducting him- self peaceably and lawfully; d. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is conducting him- self peaceably and lawfully; e. Any training of the animal to attack persons or other animals or to fight with persons or other animals. 2 . For the purposes of this section a person is peaceably and lawfully upon property or in a place when he is on such property or in such place in the perform- ance of any duty imposed upon him by the laws of this state or any city or county, or by the laws or postal regulations of the United States, or when he is on such pro- perty or in such place upon invitation, express or implied. E. A "dog addicted to barking" means a dog which barks, either by day or night, loudly and at con- tinuous periods of time so as to be a nuisance to more than one person occupying more than one house in an immediate neighborhood and preventing such persons from the comfortable enjoyment of their homes. Such barking is not limited to barks alone but shall include howling and baying. Provided, however, that a dog is not addicted to barking whenever such dog is in the immediate act of pro- tecting or resisting trespassers upon its premises . The burden of proof of such act of protection or resistance to trespassers by a dog is upon the person owning, harboring, controlling, maintaining, possessing or having charge of the dog. " SECTION 2 . Section 10 . 08 . 030 of the Azusa Municipal Code is hereby amended to read as follows: "Section 10 . 08 . 030 DANGEROUS ANIMALS. A. Whenever any police officer or humane officer has reasonable cause to believe that an animal is dangerous within the meaning of Section 10 . 08 . 010 D, he may immediately seize and impound the animal. B. The owner of the seized animal, if known, shall be notified of the seizure by first class mail, postage prepaid, deposited in the United States mail, within three (3) calendar days after the animal has been seized. If the owner of the animal is unknown, notice of the seizure shall be made by posting as provided in Section 10 . 20 . 050 . C. Within fifteen (15) calendar days after the animal has been seized, or the owner of an animal not seized has been notified that the animal is suspected of being dangerous, the Chief of Police shall conduct an investigation, hearing from the owner, if known, of the animal, and shall deter- mine whether the animal is dangerous . D. If the Chief of Police determines that the animal is dangerous, he may order that the animal not be kept, maintained, cause to be maintained, harbored or possessed within the City or may impose conditions upon such maintenance or posses- sion which will reduce the dangerousness of the animal. Such conditions may include, but shall -2- not be limited to, adequate and secure muzzling, adequate and secure yard fencing, adequate warnings of the dangerousness of the animal, or adequate and secure control of the animal by an able-bodied person when the animal is allowed onto places open to the public. If the Chief of Police determines that the animal is a threat to the safety of persons in the community and that conditions on the keeping of the animal cannot eliminate this threat or that the conditions previously imposed upon the animal have not reduced the dangerousness of the animal or have not been complied with, the Chief of Police may order that the animal be destroyed. The Chief of Police shall release the animal upon finding that the conditions of any such order will be complied with by the owner or person in con- trol of the animal . E. Any action of the Chief of Police pursuant to this section may be appealed to the City Council by the owner or person in possession of the animal. Such appeal must be in writing and filed with the City Clerk within seven (7) calendar days after the action of the Chief of Police. The City Clerk shall schedule the matter for Council action at the earliest practi- cal Council meeting date thereafter. The Council may affirm, modify, or disapprove the Chief' s action and may impose additional conditions if necessary. F. It shall be unlawful for any person to violate any of the conditions imposed upon the keeping of a dangerous animal by the Chief of Police pursuant to this section. G. The owner or person in possession of an animal seized pursuant to this section shall be responsible for any fees incurred in the holding of the animal. " SECTION 3 . Section 10 . 08 . 060 of the Azusa Municipal Code is hereby amended to read as follows: "Section 10 . 08 . 060 CONTROL OF ATTACK AND FIGHTING DOGS. No person owning or having charge, care, custody or control of any dog which has been trained to attack persons or animals, or to fight with persons or animals, other than a dog kept or controlled by a peace officer for law enforcement purposes, shall cause, permit, or allow the dog to be or run at large upon any private property or premises, including those of the person owning or having charge, care or custody of such dog, except within such portion of the property or premises which are enclosed by a secure and adequate structure, fence, or wall not less than 6 feet in height. Such fence, wall or structure shall conform to the require- ments of the City' s zoning ordinance, Title 19 . -3- Whenever such a dog is taken off such proper- ty or premises, the person owning, or having charge, care or custody of such dog shall have it contained within a secure cage or securely and adequately muzzled, leashed, and under the control of an able-bodied person. Nothing contained in this section shall re- strict the authority of the Chief of Police to take additional measures to control such dog pursuant to Section 10 . 08 . 030 . " SECTION 4 . Section 10 . 08 . 100 of the Azusa Municipal Code is hereby repealed. SECTION 5 . The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 3rd day of January 1983 . 4;04444 MAOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2203 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day of December 1983 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 3rd day of January , 1983 , by the following vote to wit: AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE � ADO P SOLI , C-LL T i /E'K Publish Azusa Herald: 1/18/84 -4-