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Home My WebLink About38.97 ORDINANCE NO. 38.97 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 8 OF CHAPTER 8 OF THE SARATOGA CITY CODE RELATING TO VICIOUS ANIMALS The City Council of the City of Saratoga does hereby ordain as follows: Section 1: The Saratoga.City Code is hereby amended by changing Section 8-16 as follows: Section 8-16: Diseased or Vicious Animals Any animal, except a dog assisting a peace officer' engaged in law enforcement duties, which demonstrates any or all of the following behavior, is presumed vicious: (1) 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 himself peace- ably and lawfully. (2) An attack on .anothe~ animal or livestock which occurs off the property of the owner of the attacking animal. (3) An attack, without provocation,"that results in , .~an injury to'a person in'alplace where such ~person is conducting himself peaceably and law- fully. (4) Any behavior, w{thout pro~oc,ation, that con- stitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peaceably and lawfully. B. No person owning or having charge of any vicious animal shall.permit such vicious animal to be or re- main upon any street or other public place in the city. C. No person owning or having charge of any animal that' is infected with any disease transmissable to man or that constitutes a public health hazard shall know- ingly permit such animal to be or remain within the city other than at an approved veterinary hospital. Otherwise the health officer shall be empowered to seize and destroy such diseased animal. D. The rabies control operator shall seize any animal he~easonably believes to be diseased, vicious or has bitten someone. Hej shall keep such animal in a safe place long enough to observe, examine and determine whether it is diseased or vicious So as to be a men- ace to'public health or safety. E. Animals which have been determined by a veterinarian or other qualified person to be so diseased or vicious as to be a menace to public health or safety, may be destroyed by or under the direction of the health officer. Section 2: Section 8-16.1 is hereby added to Article 1 of Chapter 8 of the Sara6oga CityC~de to read a~s follows: Section 8-16.~: Imp'oundment o~ DiSeaSed or VicioUs Animals The Poundm~ster-~may pick UP and fmpou~d'any diseased or vicious animal'upon his de[ermina~ion from observation or from other reliable informational sources that any animal comes within. t~e provisions of Section 8-16(A), and upon receipt of a written declaration by three Or more persons having separate residences or regularly employed in the area, containing facts evidencing the existence of a vio- lation of Section 8-16(A), the Poundmaster shall immediately pick up and impound the reported animal. Section 3: 'Section 8-16.2 is hereby added to ArtiCle 1 of Chapter 8 of the Saratoga City Code to read~as follows: Section 8-16.2: Appeal Hearing The owner or other person entitled to custody of an impounded animal which is impounded as a diseased or=vicious animal, shall have a right to appeal the Poundmaster's deter- mination of viciousness or diseased condition, by written notice given the Poundmaster within 72 hours after the imp~undment. In order to facilitate such appeal, the Poundmaster shall use reasonable diligence to attemDt to locate the owner or other person having the right o~ poss- ession of said animal, and shall notify such person.of the' animal's impoundment, if the whereabouts of such person is known. If the whereabouts is unknown, the Poundmaster shall post a notice of the impoundment in a conspicuous place at the entrance of the City Hall, which notice shall contain a description of the 'animal impounded, and shall set forth the fact that'unless it is repealed before the time specified in such notice, which time shall not be less than 72 hours from the date of posting, the Poundmaster will proceed to dispose of such animal. At the appeal hearing, petitioner and t~e Poundmaster may be represented by counsel, may present oral and written evidence, and may cross-examine witnesses. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The decision of the Poundmaster shall be supported by the weight of the evidence and shall be final. The petitioner shall be given written notice of the decision within fifteen (~5) days of the hearing. The Poundmaster, according to this ordinance, may decide that the owner of the animal will lose all rights of ownershiD and control of the animal, and order that the animal will be destroyed. He may also declare an animal to be vicious or dangerous as defined in this ordinance. He must require the owner before the animal is released to his custody to obtain a permit under Section 8-16.3 below and sign an agreement which contains conditions, such as, but not limited to, the following: The owner agrees as a condition of the animal's release to him to: (1) Keep the animal confined on his premises in an enclosure approved by the Poundmaster (2) Keep the animal securely muzzled, leashed and under the control of a person 'eighteen (18)years of.age or older, and who is physically capable of restraining.the animal when the animal. is off his property; and (3) .A violation o~ the above conditions will result in the animal being impounded and destroyed. Any vio~ations-.of this agreement or.this ordinance' is a misdemeanor, which may result in the prosecution of the person by the district attorney 6r city attorney. In all othe~ respects' except as hereinabove modified, lthe procedures on the impoundment of a diseased or vicious animal shall be the ~ame as set forth in Section 8-12 of this Code. Section 4: 'SectiOn 8-16o3 is hereby added to Ar~iclel of Chapter 8.~of the Saratoga City Code to re~d as follows: Section 8-16..3: Permit fo~ DangeroUs and/or Vicious Animals No person Shall keep, have, maintain, sell~ trade, or let for hire a dangerous and/or vicious animal without first obtaining a permit frbm ~the Administrator. No permit sh~ll be required 0f any zoo, university, college, govern- mental research agency, or other bona fide scientific institution~'-as! determined by. the Administrator,' engaging in scientific or public health reSearch...For the purposes of~thiS section, a zoo~shall be conS'idered any organization which exhibits'animals to'the general public at regular specified hours, equaling at least 30 hours'a week for 36 weeks a year, and whgs~ animals, whether maintained for exhibit purposes or not~.~are not.fo~ sale to private indi- viduals, and where such animal or animals are permanently restrained and confined at all times. Section 5: If any section, s~bsection, sentence, clause or phrase of this ordinance is for'any reason held by a court of com-' petant jurisdiction to be invalid, such decision,shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Saratoga'~ereby declares that it would have passed this ordinance and each s~ction, suBsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub- sections, sentences, clauses or phrases be held invalid or uncon- stitutional~ Section 6: This ordinance shall take effect and be in full force and effect thirty (30) days_from and after'the date,of its passage and adoption, This grdinance was regularly introdUCed and-~f~r Ehe waiting time required by law was'thereafter p~ssed and adopted at a regular meeting of the City Council held on the'17th day of October 1979, by the, following vote: AYES: C6dn;'ilmen Kalb, Matteonl, Callon, Kraus & Corr NOES: ABSENT: ~One / ATTEST: CITY CLERK: ' ~' / The above and foregoing iS 'a true ,~rtd · . ' copy cf f~r~fr:.~;i,~ _~y. ~ 7 aucording ~o Jaw. - . .. .