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Home My WebLink About06-19-2012 c10 ordinance 2nd reading menacing & aggressive animalMeeting Date June 19, 201 2 Item Number C1 0 counci lacenca Repoiit C I T Y O F S A N L U I S O B I S P O FROM : Stephen Gesell, Chief of Polic e SUBJECT : FINAL ADOPTION OF ORDINANCE AMENDING MUNICIPAL COD E CHAPTER 6 .20 – ANIMAL CONTROL REGULATION S RECOMMENDATIO N Adopt Ordinance No : 1581 (2012 Series) adding Section 6 .20 .070 (Menacing and Aggressive Animals) to Chapter 6 .20 the San Luis Obispo Municipal Code prohibiting menacing an d aggressive animals in the City . DISCUSSIO N On June 5, 2012, the City Council received a presentation by staff regarding propose d amendments to Chapter 6 .20 of the San Luis Obispo Municipal Code (Animal Contro l Regulations). By adding section 6 .20 .70, SLO Police Officers and County Animal Contro l Officers may take enforcement action against owners of menacing and aggressive animals tha t are not properly secured or controlled or that have attacked another domestic or captive anima l while off the property of its owner or keeper . The section also includes a provision for enforcement action against property owners if, following a 14 day written notice of the violation , the violation has not been abated . The Council voted 5-0 to introduce Ordinance No . 1581 (2012 Series) adding section 6 .20 .070 t o Chapter 6 .20 of the San Luis Obispo Municipal Code, as amended to include subsection (e) (5 ) which states :Where criminal enforcement of this section is pursued, any violation of this sectio n shall be deemed a misdemeanor, notwithstanding Section 1 .12.060 of this Code . Ordinance No . 1581 (2012 Series) is now ready for adoption and will become effective thirt y days after the date of its final passage . ATTACHMEN T Ordinance No . 1581 (2012 Series) T :\Council Agenda Reports\2012\201.2-06-19\ord . 1581, Menacing & Aggressive Animal Ord C10-1 ORDINANCE NO .1581 (2012 Series ) AN ORDINANCE OF THE CITY OF SAN LUIS OBISP O ADDING SECTION 6 .20 .070 (MENACING AND AGGRESSIVE ANIMALS) T O CHAPTER 6 .20 OF THE SAN LUIS OBISPO MUNICIPAL COD E WHEREAS,the City contracts with the San Luis Obispo County Division of Anima l Services for the provision of animal care and control services ; and WHEREAS,the City is required to enact municipal codes, which are similar to and consistent with the County's codes regarding the care, keeping, and management of animals . WHEREAS,the City Council desires to support the safe and responsible keeping o f animals within the City ; and WHEREAS,the City desires to protect the safety and welfare of responsible pet owner s and their pets from animals demonstrating aggressive or menacing behavior that threatens t o cause or actually causes harm to city residents and their pets ; and WHEREAS,the City Council finds that current laws governing aggressive and menacin g animals are insufficient to address the adverse health, safety and welfare impacts of aggressiv e and menacing animals within the City ; an d WHEREAS,the County of San Luis Obispo recently enacted an ordinance to strengthe n the regulation of aggressive and menacing animals, which the City Council finds to serve th e best interests of the citizens of the City of San Luis Obispo . NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Lui s Obispo as follows : SECTION 1 .Section 6 .20 .070 (Menacing and aggressive animals) is hereby added t o Chapter 6 .20 of the San Luis Obispo Municipal Code, to read as follows : 6 .20 .070 Menacing and aggressive animals — Animal owner and property owne r responsibility . A.It is unlawful for any person to keep, harbor, or maintain any aggressive or menacin g animal which threatens, harasses, or intimidates a person who is peaceably and lawfully upo n public or private property, unless it is contained in an enclosure of a construction adequate t o keep it securely confined and prevent its escape . B.It is unlawful for any person to permit any animal owned, harbored, or controlled by hi m or her to attack and cause severe bodily injury or death to another domestic or captive anima l while off the property of its owner or keeper . C.Upon notification of a violation of subsection A, the animal owner(s) must immediatel y C10-2 confine the animal to an enclosure or location which mitigates the aggressive and menacin g behavior . D . For the purposes of this section, the following definitions apply : 1."Aggressive animal" any animal whose observable behavior causes a person observin g that behavior reasonably to believe that the animal may attack a person or another anima l without provocation . 2."Menacing animal" means any animal which, through its behavior, causes a perso n observing or subject to that behavior to be in reasonable fear for his or her safety, or the safety o f animals kept by him or her . Police or military service canines being utilized in an officia l capacity are excluded from this definition . 3."Severe bodily injury" means any physical injury which results in deep laceration s with separation of subcutaneous tissues, muscle tears or lacerations, fractures or join t dislocations, or permanent impairment of locomotion or special senses . E . Penalties for violation : 1.$350 for the first violation . 2.$700 for the second violation of subsection A or B within one year . 3.$1000 for each additional violation of subsection A or B within one year . 4.For the purposes of this section, a first violation of subsection A will be deeme d to have occurred if the menacing or aggressive animal is not confined as required by subsectio n C within 24 hours of notification ; a separate violation of subsection A shall be deemed to exis t for each 24 hour period following notification in which an animal's menacing or aggressiv e behavior continues unmitigated . 5.Where criminal enforcement of this section is pursued, any violation of thi s section shall be deemed a misdemeanor, notwithstanding Section 1 .12 .060 of this Code . F . Liability of property owners 1 . Owners of properties upon which a tenant keeps, harbors, or maintains an y aggressive or menacing animal may, along with the animal owner(s), be jointly and severall y liable for penalties related to violations of subsection A, provided that they have received at least 14 days prior written notice of the existence of such violation and the violation has not bee n abated. No penalty shall be imposed upon the property owner if the property owner ca n demonstrate, within 14 days following notification that a violation has occurred, that the propert y owner has initiated action to abate the illegal activity on the property . SECTION 2 .If any section, subsection, subdivision, paragraph, sentence, clause o r C10-3 phrase of this Ordinance is for any reason held to be invalid or unenforceable, such invalidity o r unenforceability shall not affect the validity or enforceability of the remaining sections , subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance or the rule s adopted hereby . The City Council of the City of San Luis Obispo hereby declares that it woul d have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof , irrespective of the fact that any one or more other sections, subsections, subdivisions , paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 3 .A summary of this ordinance, together with the names of Counci l members voting for and against, shall be published at least five (5) days prior to its final passage , in The Tribune,a newspaper published and circulated in this City . This ordinance shall go int o effect at the expiration of thirty (30) days after its final passage . INTRODUCED on the 5th day of June 2012, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 6th day of June 2012, on the following vote : AYES : NOES : ABSENT : Mayor Jan Mar x ATTEST : Sheryll Schroede r Interim City Clerk APPROVED AS TO FORM : J . Christine Dietrick J . Christine Dietric k City Attorney C10-4