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HomeMy WebLinkAbout50A - ORD - VICIOUS DOGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2017 TITLE: ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE SECTION 5-72.1 DEFINTIONS REGARDING POTENTIALLY DANGEROUS AND VICIOUS DOG {STRATEGIC PLAN NO. 7, 5E} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended 0 As Amended El Ordinance on tat Reading 0 Ordinance on 2"a Reading © Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve first reading of an ordinance amending Santa Ana Municipal Code section 5-72.1 definitions regarding potentially dangerous and vicious dog. DISCUSSION On July 25, 2016, the California Legislature amended Section 31603 of the Food and Agriculture Code to remove dogs seized pursuant to specified animal cruelty laws from the definition of a vicious dog. The amendment became effective January 1, 2017. The Santa Ana Municipal Code provision defining a vicious dog includes the same provisions that were in state law for dogs seized pursuant to animal cruelty laws. As of January 1, 2017, such provisions are no longer consistent with state law. Staff recommends amending Santa Ana Municipal Code section 5-72.1 to remove from the definition of a "vicious dog" reference to any dog seized as a "fighting animal" under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or custodian of a fighting animal as set forth in Subdivision (a) of Section 597.5 of the Penal Code. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal # 7 - Team Santa Ana, Objective 5 (Create a culture of innovation and efficiency within the organization) Strategy E (Identify best practices and opportunities for process improvement and automation across City departments in order to provide effective and efficient delivery of City services to the community). 50A-1 Ordinance Amending Santa Ana Municipal Code Section 5-72.1 February 21, 2017 Page 2 FISCAL IMPACT It is anticipated that there will be no fiscal impact associated with this action. MW Sonia R. Carvalho City Attorney EXHIBIT: 1. Ordinance 50A-2 LAR 2/21/17 ORDINANCE NO, NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 5-72.1 DEFINTIONS REGARDING POTENTIALLY DANGEROUS AND VICIOUS DOG THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On July 25, 2016, the California Legislature amended section 31603 of the Food and Agriculture Code to remove dogs seized pursuant to specified animal cruelty laws from the definition of a vicious dog. The amendment became effective January 1, 2017. B. Santa Ana Municipal Code section 5-72.1 includes the same definition of vicious dog that was contained in California Food and Agriculture Code section 31603. As of January 1, 2017, such provisions are no longer consistent with state law. C. The City Council of the City of Santa Ana wants to amend Santa Ana Municipal Code section 5-72.1 to be consistent with state law. Section 2. Chapter 5, Article II, Section 5-72.1 is hereby amended to read as follows (old language is stricken): Sec. 5 -72.1 -Definitions (a) Potentially dangerous dog means any of the following: (1) Any dog which, when unprovoked, after two (2) separate documented bites within the prior 36 -month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury whether the person and the dog are on or off the property of the owner or custodian of the dog. (2) Any dog which, when unprovoked, bites a person causing any injury less severe than a "severe injury." 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. (3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal, horse, or livestock. (b) Vicious dog means any of the following: (1) (2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being, whether the person and the dog are on or off the property of the owner or custodian of the dog. (2) (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 of a .'potentially dangerous dog" as set forth above, or is maintained in violation of the conditions and restrictions placed upon the dog as a "potentially dangerous dog." (c) Provided, no dog may be determined to be a vicious dog if any such bite, threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian of the dog, or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog or who has, in the past, teased, tormented, abused or assaulted the dog. (d) These definitions do not apply to dogs used in military or police work while they are actually performing in that capacity. Section 3. If any provision of this Ordinance or the application thereof to any person or circumstance 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, and to this end the provisions of this ordinance are severable. The City Council of the City of Santa Ana hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Ordinance No. NS -XXX Page 2 of 3 Section 4. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. ADOPTED this day of 2017. APPROVED AS TO FORM: By, � A��i Laura A. Rossini Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No, NS -XXX Page 3 of 3 41A