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HomeMy WebLinkAboutNS-2439 - Amending Santa Ana Municipal Code Section 5-72 to Grant a City Animal Control Officer Expanded Authority to Declare a Dog to be a "Vicious Dog"123 AYM:8/15/00 ORDINANCE NO. NS-2439 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 5-72 TO GRANT A CITY ANIMAL CONTROL OFFICER EXPANDED AUTHORITY TO DECLARE A DOG TO BE A "VICIOUS DOG" THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. Currently, Santa Ana Municipal Code 5-72 authorizes city animal control officers to take certain public safety measures against a dog that injures or attempts to injure any person or other dog. B. To address concerns about dogs attacking domestic animals, the City Council desires to grant city animal control officers expanded authority to declare a dog to be a "vicious dog," as defined by Santa Ana Municipal Code 5-72, and to take appropriate public safety measures. C. While expanding the authority of animal control officers, the City Council also desires to provide dog owners and custodians with the right to appeal an animal control officer's vicious dog declaration. SECTION 2: Section 5-72 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-72. Vicious dogs. (a) Whenever a dog has bitten, attempted to bite, broken the skin or otherwise injured any person or other animal without provocation, the animal control officer shall investigate the dog's alleged behavior, and if he/she finds that such dog has done any of the acts alleged, he/she is authorized to declare the dog a vicious dog. If the animal control officer declares the dog a vicious dog, he/she shall deliver in writing to the owner or custodian of such dog a statement of the facts and circumstances concerning the dog's behavior. (b) The owner or custodian of the dog may appeal the vicious dog designation to the city council by requesting a public hearing in accordance with Chapter 3 of this Code. The request must be filed with the clerk of the council within ten (10) days of the date of service of the notice. The burden of proof shall be on the animal control officer to show by a preponderance of Ordinance No. NS-2439 Page 1 of 3 124 evidence that the dog should be declared vicious. (c) No person shall keep or harbor any vicious dog within the city, nor shall permit such dog to be at large after he has been notified by the animal control officer that the dog is vicious, unless he meets the following requirements: (1) The owner of such dog shall immediately keep such dog in a dog run which is totally enclosed or kept under other adequate control as approved by the animal control officer. If any of these means of restraint are impossible or impractical, such dog shall be impounded in the city or county pound, at the owner's expense, as the case may be, until such time as the owner of such dog shall provide for the restraint of the dog, either in a dog run which is totally enclosed or kept under other adequate control as approved by the animal control officer. (2) In the event that such owner fails to provide adequate restraint or control of the dog within a reasonable time, such dog may be destroyed or otherwise disposed of so that it will not become a menace to the public. (3) The owner shall post, and keep posted, in conspicuous view upon the premises where such dog is kept under restraint, as provided in this chapter, a notice in letters not less than two (2) inches in height which shall contain the words: "BEWARE OF VICIOUS DOG" (d) Any person keeping or harboring any vicious dog within the city must provide proof of his/her ability to respond in damages to and including the amount of one hundred thousand dollars ($100,000.00) worth of coverage for bodily injury to or death of any person or persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such animal. Proof of liability to respond in damages may be given by filing with the animal control officer, in a form approved by the city attorney, a certificate of insurance issued by a solvent corporation holding a certificate of authority to do insurance business in the state, or a bond from a responsible and solvent corporation authorized to issue bonds under the laws of the state. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bonds will be made unless thirty (30) days written notice is first given to the animal control officer. (e) Failure of any owner or custodian of a vicious dog to comply with the provisions of this section shall render such vicious dog subject to summary destruction if found at large. SECTION 3.: if any section, subsection, sentence, clause, phrase or word of this Ordinance 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 Ordinance. The city Ordinance No. NS-2439 Page 2 of 3 125 council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. ADOPTED this 5th day of September , 2000. Patricia E. Healy Clerk of the Council COUNCILMEMBERS: Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin Aye McGuigan Aye Moreno Absent APPROVED AS TO FORM: h W. Fletcher ttorney ~l~purt Y. Mu~tsuchi ty City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2439 to be. the orig!nal ordinance adopted by the City Council of the City of Santa Aha on ~J~,z~oo; and that said ordinance was published in accordance with th(~ Charter of the City of Santa Ana. Date: C--~'rk of the Council /,~ City of Santa Ana Ordinance No. N$-2439 Page 3 of 3