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HomeMy WebLinkAboutORD 3773• • vROINANCE NO. 3773 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AlotENOING CHAPTER 6. 28 0~' THE PAI.O ALTO MUNICIPAL ~uOE Tv STRENGTH~~ AND CLARIFY PROCEDUR~S CONCERNING OA~GEROUS A~IMALS WHBR~AS, the Council is awaLe that the~e is increased community concern about the ownership of dangerous animals, includinq dangerous dogs, in the City; and WHBREAS, the Council has reviewed the current ordinances regulating the ownersnip of dangerous and wild animals in the and wishes to amend these ordinances to clarify tnem and to strengthen the dangerous animal hearing procedure. NO~, TUt::HcFOXI::, the Co!lncil ot the C1ty of Palo Alto does ORIJAIN: City SECTION 1. Chapter b.28 of tne Palo Alto Municipal Code is nereby amended to read: 6.28.010 Definitions. The following words and phrases whenever used in this cnapter are defined as follows: (a) "Dangerous animal~ means any dog or other animal which demonst. ates a propensity to assault, bite, scratch or narass people or other animals without provocation. There shall be a rebuttable presu~ption that any animal that bites a person is a danqerous antmal. (b) wwild animal• means any exotic, venomous, nondomestic, or untrained animal which because of its size, natural disposition, or other characteristic constitutes a hazard or menace to persons, or animals or is likely to damage property. 6.28.020 Da.Dgeroas anU.ls at large. It is unlawful for any person owning or having possession, custody, charge, or control of any dog or other animal known by such person to be dangerous to cause or permit the animal to run loose about the person's premises in a aanner endangering any person lawfully entering such p~:emises, or cause or permit the animal to be unrestrained upon or about any public street, sidewalk, park, schoolyard, or property of other persons. For purposes of this section, lawful entry to a premises includes but is not limited to entry made by a person in the performance of any duty imposed upon tnat person by the laws of this state or any city or I • county or oy the laws or postal regulations of the United States, or when that person is on such property by reason ot accid~nt oeyond control, or disaster, or by invitation either expressed or implied. 6.28.030 Dangerous dogs and an~ls. (a) The superintendent of the animal center shall report in writing to the chief of police concerning any animal the superintendent is informed is, or believes to oe, a danqerous animal. (b) The chiet ot police or his designee shall set a aate and time for a public hearing to determine whether such animal is a dange~ous animal as defined in Sect1on 6.28.010{a), Ten calendar aays~ written notice ot tne time and place for the hearing snall be given to the person who owns or has possession, custody, charge, or control of the animal. (c) The chief of police or his designee shall preside at the hearing and snall summon witnesses, administer oaths, hear testimony, and determine whether the animal is a dangerous animal. {d) In determining whether the animal is a dangerous animal, the chief of police or his designee shall consider evidence concerning any bites committed upon persons or other animals by the animal; provided, however, that such evidence shall not be exclusive. An animal may be shown to be dangerous even though it is not proven to have bitten any person or other animal. The chief of police or his designee shall also consider any assaults upon persons or other animals by the animal, any incidents of'harassment by the animal, the circuestances surrounding any incident indicating the temper or viciousness of the animal and the general reputation of the animal in the community with respect to its teaper and viciousness. The deliberation shall include any provocation that may have caused the ani~al to exhibit ferocious or vicious characteristics. {e) The chief of police or his designee shall issue written findings and a decision, concerning whether the animal is a dangerous animal, within ten workin9 days after the hearing is concluded. {f) Once the person who owns or has possession, custody, charge, or control of the animal has been provided written notice of the time and place for the hearing, he shall ensure the protection of the public health, safety, and welfare by securely confining the 2. • animal, prior to the hearing, at the Animal Services Center or at a facility approved by the superintendent of the animal center. The animal•s confinement shall continue, pending the issuance of the written decision of the chief of ~lice or his designee following the hearing. All costs incurred as a result of the confinement shall be the sole responsibility of the owner, possesor. or custooian of the animal. (g) If the animal is determined to be a dangerous animal, the cnief ot police or his designee may revoke the animal's license ana order its removal from the city within twenty-four hours, order its destruction, or grant a permit for possessing a dangerous animal a~ provideo in Sect1on 6.2B.040. (h) It is unlawful for any person to own or have possession, custody, charge, or control of any dangerous animal ordered from the city by the chief of police or his designee pursuant to this section. Any dangerous animal within the c1ty twenty-four hours after the removal order is issued shall be subject to seizure by animal control officers or the police. 6.28.040 Possessing dangerous or wild ani•als. (a) It is unlawful for any person to own or have possess ion, custody, ci)arge, or control of any elephant, bear, hippopotamus, rninoceros, ocelot, lion, tiger, alligator, crocodile, leopard, wolf, monkey, squirrel, raccoon, s)(unk, dangerous dog or other dangerous animal as determined by the public hearing process provided for in Section 6.28.030, venomous or dangerous reptile of any kind, or any other wild animal without first obtaining a permit from the superintendent of the animal center. Any dangerous dog shall also be l icens.ed .. l~~ ~~plicants for sucn permit shall pay an annual permit fee per animal as set forth in the municipal fee schedule. (c) All permits provided for in this section shall be valid for one year from the date of issuance, unless revoked as provided in this section. (d) .Upon receipt of c:m application for a permit to maintain any ot the animals set forth in this section, the superintendent of the animal center may issue such permit if he is satisfied that such animal will be kept in a safe, secure and humane fashion and without menacing the safety of any person or animal or causing damage to property. As a condition of granting the permit, the superintendent of the animal center may require that such animal be properly caged 3. .. • • or tethered and may make and issue regulations regarding th~ possession or maintaining of such animal within the city. Any conditions for granting of a permit must be noted on the permit ~t the time of issuance or at a later date that the chief of police or the superintendent of the animal center deems necessary. Special conditions may include Dut are not limited to~ (1) Keeping the animal confined on the premises in an enclosure approved by the chief ci police or the superintendent of the animal center; (2) Keeping the aniffial securely muzzled, leashed, and under the control of a person eighteen years of age or older, and who is physically capable of restraining the animal when the animal is either on or off the property of the person having control, custody, care, or ownership of the anima): (3) Providing financial responsibility for the animal by posting a bond or cert1ficate of insurance to an amount deemed necessary by the city loss control manager or the chief of police, which shall not be less than the amount of fifty thousand dollars ($50,000)~ (4) Providing for the surgical spaying or neutering of the animal to prevent reproduction. (e) Any permit issued under this section may b€ revoked when any provision of this chapter, or any condition or regulation issued by the chief of police or his designee or the superintendent of th~ animal center under this chapter, is violated, or when, in the opinion of the chief of police, the safety of any person or animal is menaced or property is likely to be damaged by the possession or maintenance of such animal. (f) This section shall not apply to any dangerous or wild animal caged in a safe and humane manner when being transported through the city or when such animal is within the city under the control of a city-licensed circus, carnival, traveling show, or collection of animals. However, in all cases, persons owning~ caring for, or having control of any animal known as a dangerous animal or wild animal as defined ih this section or Section 6.28.010 must post at entt·ances to the property where such animal is kept, a sign not 4. . ~ . • • less than fifteen inches sqv~re, containing the warning, both in written and pictorial form, that a dangerous or wild animal is present. If in transit, any cages or containers used to hold such anim~ls must have a clearly visible notice attached to such cage or container warnir.g of the presence of dangerous or wild animals. SECTION 2. This ordinance is not a project for the purposes of the Cal1fornia Environmental Quality Act. SECTION 3. This ordinance shall become effective upon the commencement of the thirty-first day after the day of its passage. INTRODUCED: October 5, 1987 PASSED: October 19, 1987 AYE&: Bechtel, Cobb, Fletcher, Klein, Levy, Renzel, Sutorius, Woolley NOES: None ABSTEN'l'IONS: None ABSENT: Patitucci ·4A·.,o(~~ Clerk p· APPROVED: Mayor APPROVED TO FORM: 5.