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HomeMy WebLinkAbout06-05-12 b1 menacing and aggressive animial ordinancecounci l j acenda aEpol2 t CITY OF SAN LUIS OBISP O FROM : Steve Gesell, Chief of Polic e Prepared By :Bill Proll, Police Lieutenan t SUBJECT :INTRODUCTION OF MENACING AND AGGRESSIVE ANIMAL ORDINANC E RECOMMENDATION Introduce by title only an ordinance adding Section 6 .20 .070 (Menacing and Aggressive Animals ) to Chapter 6 .20 the San Luis Obispo Municipal Code prohibiting menacing and aggressive animal sinthe City . DISCUSSION The City of San Luis Obispo is one of seven cities within San Luis Obispo County to contract wit h the San Luis Obispo County Division of Animal Services for the provision of animal care an d control services . Under the terms of this agreement, the City of San Luis Obispo is required t o enact municipal codes which are similar to and consistent with the County's codes regarding th e care, keeping, and management of animals . In May of 2012, the San Luis Obispo County Board of Supervisors adopted a new ordinanc e addressing menacing and aggressive animals . In the process of developing this ordinance, all seve n police chiefs in San Luis Obispo County were consulted resulting in a general consensus of support for the ordinance, with no objections voiced . Also discussed was the fact that it is within th e purview of each affected City Council to decide whether or not to enact the "landlor d responsibility" section of the County's ordinance . This section is intended to address landlords wh o knowingly allow their tenants to keep menacing and aggressive animals on their property and state s that the landlord "may" be liable for penalties if the violation has not been corrected subsequent to a two week notice . Staff recommends inclusion of this language to provide an additional problem - solving tool to address public safety concerns in what would be anticipated to be a minority o f cases . The County Division of Animal Services found a need for a new ordinance because of a gap in th e current statutes regarding aggressive animals . Current laws do not address aggressive ormenacing dogs that have not yet attacked a person, dogs that have attacked or killed "only" one animal, dog s that have been previously designated as a potentially and vicious animal, and other dangerous or aggressive animals . In addressing the gap, the new County ordinance requires owners to ensure that aggressive animal s are securely confined, and it establishes penalties for owners of animals that fit the defined criteri a with the intent to prevent attacks . Meeting Date June 5, 201 2 em Number B1 Menacing and Aggressive Animal Ordinance Page 2 Staff recommends adoption of the attached ordinance, which defines aggressive animals, menacin g animals, and severe bodily injury, in addition to penalties consistent with the City's existing fin e schedule for violation of the noise ordinance and other misdemeanor Municipal Code violations related to public peace and safety . Additionally, staff also recommends violations remainin g unmitigated beyond a 24-hour period be treated as new violations . Finally, inclusion of languag e excluding police or military canines utilized in an official capacity from the definition of a "menacing animal" is also recommended . Staff has also made other minor modifications i n wording, different from the county ordinance, for consistency regarding how menacing an d aggressive behavior is to be established (i .e . through observable behaviors creating a reasonable fear for personal safety or that of a pet), as well as reordering and reformatting the ordinance fo r consistency with the City's Municipal Code . FISCAL IMPAC T There are no direct General Fund impacts associated with this action . Enforcement of the ordinanc e would occur during the normal shifts of San Luis Obispo police officers and County Division o f Animal Services officers . No appreciable costs are anticipated to be incurred as a result of th e enactment of this ordinance . ALTERNATIVE S 1 . Decline to adopt the proposed ordinance . This alternative is not recommended because th e City of San Luis Obispo's contract with Animal Services requires it to enact municipa l codes which are similar to and consistent with the County's codes regarding the care , keeping, and management of animals . ATTACHMEN T 1.Proposed ordinanc e 2.San Luis Obispo County Menacing and Aggressive Animal Ordinanc e T:\Council Agenda Reports\2012\2012-06-05\Menacing & Aggressive Animial Ordinance (Gesell-Proll)\CAROrdinancelntroMenacingAnimals .docx ORDINANCE NO . (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 ; an d WHEREAS,the City is required to enact municipal codes, which are similar to an d 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 ; an d 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; and 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 the bes t 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 to 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 aconstruction 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 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 animal withou t 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 lacerations wit h separation of subcutaneous tissues, muscle tears or lacerations, fractures or joint dislocations, o r permanent impairment of locomotion or special senses . 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 . F . Liability of property owner s 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), may be jointly and severall y liable for penalties related to violations of subsection A, provided that they have received at leas t 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 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 would 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 into effect at the expiration of thirty (30) days after its final passage . INTRODUCED on the 5th day of June 2012,AND FINALLY ADOPTED by th e Council of the City of San Luis Obispo on the day of 2012, on th e following vote : AYES : NOES : ABSENT : Mayor Jan Marx ATTEST : Sheryll Schroede r Interim City Cler k APPROVED AS TO FORM : J . Christine Dietrick J . Christine Dietric k City Attorney B1-5 ORDINANCE NO . ORDINANCE AMENDING CHAPTER 9 .16 OF THE COUTNY CODE, GENERAL PROVISION S The Board of Supervisors of the County of San Luis Obispo, State of California, does ordain a s follows : Section 1 :Chapter 9 .16, Animals, Poultry and Household Pet, is hereby amended add section 9 .16 .030 : 9.16.030 -Menacing and aggressive animal s a)lt is unlawful for any person to keep, harbor, or maintain any aggressive or menacing animal whic h threatens, harasses, or intimidates a person who is peaceably and lawfully upon public or private property, unless it is contained in an enclosure of a construction adequate to keep it securely confine d and prevent its escape . b)Upon notification of a violation of subsection (a), the animal owner(s) must immediately confine it t o an enclosure or location which mitigates the aggressive and menacing behavior . c)It is unlawfulfor any person to permit any animal owned, harbored, or controlled by him to attack an d cause severe bodily injury or death to another domestic or captive animal while off the property of it s owner or keeper. d)For the purposes of this section, the following definitions apply : (1)An "aggressive animal" includes, but is not limited to, any animal whose behavior indicates i t is prone to unprovoked attacks against a person or other animal . (2)A "menacing animal" includes, but is not limited to, any animal which, through its behavior , demonstrates an intention to inflict harm or otherwise places a person in reasonable fear fo r his or her safety, or the safety of animals kept by him or her . (3)"Severe bodily injury" means any physical injury which results in deep lacerations wit h separation of subcutaneous tissues, muscle tears or lacerations, fractures or joint dislocations , or permanent impairment of locomotion or special sense s e) Penalties for violation: (1)$100 for the first violation . (2)$200 for the second violation of subsection (a) or (c) within one year . (3)$500)for each additional violation of subsection (a) or (c) within one year. (4)For the purposes of this section, a separate violation of subsection (a) shall be judged to exis t for each 24 hour period in which an animal's menacing and aggressive behavior continue s unmitigated . f)Liability of property owners (1) Owners of properties upon which a tenant keeps, harbors, or maintains any aggressive o r menacing animal may, along with the animal owner(s), be jointly and severally liable fo r penalties related to violations of subsection (a), provided that they have received at least 1 4 days prior written notice of the existence of such violation and the violation has not bee n abated. Section 2 :If any section, subsection, subdivision, paragraph, sentence, clause or phrase of thi s Ordinance is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs , sentences, clauses or phrases of this Ordinance or the rules adopted hereby . The Board of Supervisors o f the County of San Luis Obispo hereby declares that it would have adopted each section, subsection , subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or mor e other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declare d invalid or unenforceable . Section 3 :This ordinance shall take effect and be in full force and effect thirty (30) days after its passag e and before the expiration of fifteen (15) days after passage of this ordinance, it shall be published onc e with the names, of the members of the Board of Supervisors voting for and against the ordinance in a newspaper of general circulation published in the County of San Luis Obispo, State of California . Introduced at a regular meeting of the Board of Supervisors held on the day o f ,20,and passed and adopted by the Board of Supervisors of the County of San Lui s Obispo, State of California, on the day of , 20 , by the following roll call vote, t o wit : AYES : NOES : ABSENT : Chairperson of the Board of Supervisor s of the County of San Luis Obisp o State of Californi a ATTEST : County Clerk and Ex-Officio Clerk o f the Board of Supervisors, County o f San Luis Obispo State of Californi a APPROVED AS TO FORM AND LEGAL EFFECT : WARREN R . JENSE N By : Deputy County Counse l Dated : Page intentionally lef t blank .