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HomeMy WebLinkAbout71.34 ORDINANCE NO. 'Zl. ~4 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING CERTAIN PROVISIONS OF ARTICLE 7-20 OF THE crl'Y CODE CONCERNING VICIOUS ANIMALS The City Council of the City of Saratoga hereby ordains as follows: SECTION h Paragraph (1) of Section 7-20.010 in Article 7-20 of the City Code is amended to read as follows: "(1) Vicious animal means any animal, except a dog assisting a peace officer engaged in law enforcement duties, which 'demof~strates any or all of the following characteristics: (1) Has attacked, without provocation, a person or a domestic animal. (2) Has chased, menaced or approached a person or a domestic animal in a threatening manner or apparent attitude of attack, without provocation. (3) Has a known propensity, tendency or disposition for unprovoked attack. (4) Has been specially trained to attack persons or domestic animals or otherwise has been trained as an attack animal. (5) Is owned or kept in whole or in part for the purpose of animal fighting or has been trained for animal fighting." SECTION 2: Paragraphs (f) and (g) of Section 7-20.110 in Article 7-20 of the City Code are amended to read as follows: "(f) Redemption of impounded animal The owner or person entitled to the custody of an impounded animal may, at any time before the disposal thereof by the Animal Control Officer, redeem such animal by paying to the Animal Control Officer the fees, charges and, in the case of dogs, the license tax prescribed by this Article accruing up to the time of such redemption; provided, however, an impounded animal may not be redeemed where: (1) Such animal is determined to be diseased and ordered by the Animal Control Officer to be destroyed, as provided in Section 7-20.140; or (2) Such animal is determined to be vicious and ordered by the Animal Control Officer to be destroyed, or the owner of such animal has failed to satisfy the conditions for its release, as provided in Section 7-20.145; or -1- (3) Such animal is required to be quarantined, as provided in Section 7- ~0.160. (g) Disposition of impounded animal Any animal impounded and net redeemed within the time and in the manner specified in this Article shall be disposed of by the Animal Control Officer or the pound where such animal is confined; provided, however, any animal which has been determined by the Animal Control Officer or a veterinarian licensed by the State or other qualified person to be diseased or injured to the extent that emergency veterinary care will not alleviate it's suffering shall be destroyed in a humane manner as soon as possible, and in such event, the Animal Control Officer shah not be required to give the notice described in Paragraph (b) of this Section." SECTION 3: Section 7-20.140 in Article 7-20 of the City Cede is amended to read as follows: "~7-20.140 Diseased animals (a) Restriction concerning diseased animals. No person owning or having possession of any animal that is infected with any disease transmissible to man or that constitutes a public health hazard shall knowingly permit such animal to be or remain within the City other than at an approved veterinary hospital. Any violation of this Paragraph shall constitute a misdemeanor. (b) Seizure and Impoundment. The Animal Control Officer may seize and impound without prior hearing any animal he reasonably believes to be diseased. The Animal Control Officer shall keep such animal in a safe place long enough to observe, examine and determine whether it is diseased so as to constitute a menace to public health or safety. (c) Hearing. The owner or person entitled to custody of an animal which is impounded as a diseased animal, shall have the right to a hearing on the determination of such diseased condition. The hearing shall be requested, noticed and conducted within the time and in manner as specified in Section 7-20.120 of this Article. (d) Destruction of diseased animals. Animals which have been determined by the Animal Control Officer or by a veterinarian licensed by the state or other qualified person to be so diseased as to constitute a threat to public health or safety, shall be destroyed by or under the direction of the Animal Control Officer." SECTION 4: A new Sesction 7-20.145 is added to Article 7-20 of the City Code, to read as follows: "~7-20.145 Vicious animals. (a) Requirements for confinement. No person shall have, possess or maintain a vicious animal unless that person demonstrates, to the satisfaction of the Animal Control Officer, that the animal is securely confined as follows: -2- (1) Outdoors: by means of an enclosed and locked pen or kennel having secured sides and a secured top attached to the sides, and having a secure bottom or floor attached to the sides or with the sides embedded not less than two feet into the ground, behind a fence not less than six feet in height. (2) Indoors: by means of a house, apartment, building or similar structure wherein the windows and doors are secured to prevent the animal from exiting without the assistance of the owner or person with the right to control the animal. (3) A sign advising of the presence of a vicious animal shall be posted at the entrance to every place wherein such animal is confined. The sign shall be capable of being understood by a child. (b) Requirements for leash'rag and m,,7.~.llng. When a vicious animal is not confined as prescribed in Paragraph (a) of this Section, the owner or person with the right to control such animal shall keep the animal: (1) On a leash not to exceed six feet in length. The animal must at all times be under the control of a person at least eighteen years of age who is physically capable of restraining iff Vicious animals shall not be leashed or tethered at any time to inanimate objects such as trees, posts or buildings, except when the animal is inside a securely enclosed, escape- proof locked kennel or pen; and (2) Securely muzzled. The muzzling device must be constructed so that it is impossible for the animal to remove it without human assistance. (e) Requirements for transportation. Vicious animals shall only be transported inside a securely enclosed, escape-proof locked animal eartier. No vicious animal shall be left uneonfined or unattended in or about any motor vehicle. (d) Requirement for insurance. No person shall own, keep, have or maintain a vicious animal unless-that person has obtained general liability insurance providing coverage for any single occurrence of not less than Fifty Thousand Dollars for any injury to or death of any person, or loss or damage to any property, caused by or resulting from any act of such animal. The iusuranee prescribed herein shall be maintained in full force and effect for so long as the person has ownership, custody or control of the vicious animal, and such policy of insurance shall contain a provision or endorsement requiring ten days prior written notice to the Animal Control Officer of any cancellation or reduction of coverage. (e) Requirement for registration. Every owner of a vicious animal over four months of age shall .register such animal with the Animal Control Officer. Such registration shall be renewed on an annual basis. The owner shall pay a registration fee and, if applicable, a fee for multiple inspections of required confinement facilities, in such amount as established from time to time by resolution of the Board of Supervisors. The owner of a vicious animal which has been registered hereunder shall notify the Animal Control Officer, in writing, of any change of address within fourteen days from the date of such change. ~3- (f) Seizure and impoundment; disposition of animal. The Animal Control Officer may seize and impound without prior hearing any animal he reasonably believes to be vicious. The owner or person entitled to custody of such animal shall be entitled to a hearing on the determination of viciousness, such hearing to be requested, noticed and conducted within the time and in the manner as specified in Section 7-20.120 of this Article. The Animal Control Officer may find and declare that the animal is vicious and order such animal to be destroyed. If the Animal Control Officer finds and determines that the animal can safely be released to the owner or person entitled to custody thereof, he may order such release upon any conditions he deems necessary or appropriate for the protection of the public health, safety and property. (g) Failure to comply with requirements. Any owner of a vicious animal who fails or is unable to comply with any of the requirements set forth in this Section, or any conditions imposed by the Animal Control Officer with respect to such animal, shall surrender such animal to the Animal Control Officer for destruction or other disposition as determined by the Animal Control Officer. (h) Violations. The violation of any provision contained in this Section shall constitute a misdemeanor." SECTION 5: Paragraph (f) of Section 7-20.200 in Article 7-20 of the City Code is amended to read as follows: - -,(f) Isstmnee; contents. Upon the payment of the license fee, presentation of a valid certificate of vaccination by a duly licensed doctor of veterinary medicine, and, when required, presentation of a vicious animal registration and evidence of insurance coverage as provided in Section 7-20.145 of this Article, the Animal Control Officer shall issue a license stating the name and residence of the person to whom the license is issued, the amount paid, the date of issuance and expiration thereof, the date of expiration of the vaccination, the dates of expiration of the vicious animal registration and insurance coverage, if applicable, and a description of the dog for which such license is issued, together with the number of the metallic tag accompanying the same." SI~CTIOIq 6: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SI~CTION 7: This Ordinance shall be in full force and effect thirty days after its passage and adoption, -4- The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council held on the 18th day of November~ 1987 , by the following vote: AYES: Councilmembers Anc]erson, Clevenger, Hlava, lvbyles and Mayor Peterson NOES: None ABSENT:None ATTEST: CITY CLERK The above and foregoing is a true and correct copy of Ordin~nce '7/..~/~, which has been p%cc~iinO to law. 7/f/Datft Deputy City Cl'erk d,~, ~,~ -5-