Ord 87ORDINANCE NO. 87
AN ORDINANCE AMENDING. SECTIONS 62.601, 62.674 AND 62.685
OF THE CITY OF POWAY REGULATORY ORDINANCES
' RELATING TO VICIOUS DOGS
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS
FOLLOWS:
Section 1: City of Poway Regulatory Ordinance,
Section 62.601, is amended to read as follows:
Section 62.601. For the purposes of this chapter the
following definitions shall apply:
(a) "ANIMAL" shall include but not be limited to
birds, fishes, reptiles, and non-human mammals.
(b) "AT LARGE" means being neither confined by a
building, structure, or enclosure, nor upon the private
property of the owner or the person who has the right to
control the animal, nor upon the private property to which
the animal's owner or person who has the right to control
the animal has a right of possession, nor physically
restrained by a leash, or being in a state in which its
control is in doubt.
(c) "CITY COUNCIL" means the City Council for
the City of Poway.
(d)
Poway.
"CLERK" means City Clerk of the City of
(e)
"CITY" means the City of Poway.
(f) "COUNTY ANIMAL SHELTER" means a premises
selected by the Director of Animal Control.
(g) "COUNTY VETERINARIAN" means the San Diego
County Veterinarian, his agents or deputies.
(h) "CURB" means to so restrain or control an
animal that it urinates or defecates only in the street
gutters.
(i) "DEPARTMENT" means the San Diego County
Department of Animal Control, its agents or deputies.
(j) "DIRECTOR" means the San Diego County
Director of Animal Control, his agents and deputies.
(k)
"DOG" means a Canis Familiaris of either
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sex, or any other member of the Canis qenus if owned, kept or
harbored. -
(1) ."'DOG LICENSE" means a properly completed and
validated ,'dOg license application - rabies certificate forms
issued by the County or other official dog licensing agency.
(m) "DOG LICENSE APPLICATION - RABIES
CERTIFICATE FORM" means the dog license application form
issued by the county. It is properly completed when it
contains:
(1) The dog owner's name, address and
telephone;
(2) The dog's name and description;
(S) The type, lot number and
manufacturer of the rabies vaccine;
(4) The date of vaccination;
(5) The signature of the veterinarian
who vaccinated the dog or other
signature authorized by him.
(n) "HEALTH OFFICER" means the San Diego County
Director of Public Health, his agents or deputies.
(o) "IMPOUNDED ANIMAL" means any animal taken
into custody by the Department as provided in this chapter.
(P) "KENNEL" means any lot, building, structure,
enclosure or premises wherein seven or more dogs four months
of age or over are kept or maintained for the purpose of
breeding, training, boarding or raising for profit or
pleasure.
(q) "KENNEL OPERATOR" means the person who is
the legal owner or is actually in control and operation of a
kennel. The term "kennel operator" shall not include a
veterinarian operating a veterinary hospital.
(r) "LEASH" means any rope, leather strap, chain
or other material not exceeding six feet in length, being
held in the hand of a person capable of controlling and
actually controlling the animal to which it is attached.
(s) "LICENSE TAG" means a piece of metal or
other durable material inscribed with a date and number
which has been issued by County or other official dog
licensing agency.
(t) "LICENSED DOG" means a dog wearing its
current dog license tag as required by this chapter.
(u) "OWNER" means any person who is the legal
owner, keeper, harborer, possessor or the actual custodian
of an animal. Ownership is established in a person
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registered
or by a
an animal.
as the owner on a license or other legal document
person claiming ownership and taking possession of
(v) "REGISTERED OWNER" means a person registered
as the owner on a dog license or a person claiming ownership
of an impounded animal and taking possession of it.
(w) "SPAYED" means having had the ovaries and
uterus removed or extirpated; an ovariohysterectomy.
(x) "STRAY" means an animal which is at large.
(y) "VACCINATED DOG" means a dog inoculated with
an approved, currently valid, antirabies vaccine, and
wearing a current dog license tag-indicating proof of such
vaccination.
(z) "VALIDATION" means entering on the dog
license application - rabies certificate from the number
imprinted on the simultaneously issues license tag, and the
date of expiration of the dog license, and a notation of
payment of the appicable fee.
(aa) "VICIOUS DOG" means a dog which:
(1)
(2)
(3)
(4)
has twice within a 48-month period
bitten a person engaged in lawful
activity, or
has once bitten a person engaged
in lawful activity, causing death
or serious injury, or
has twice within a 48-month period
shown the disposition, tendency,
or propensity to attack, bite
or otherwise cause injury to a
person engaged in lawful activity,
or
has been declared a "Vicious Dog"
by the Department pursuant to
Section 62.674 of this chapter.
A "Vicious Dog" within the meaning of this section shall be
subject to the provisions of this chapter relating to
vicious dogs for the remainder of its life.
Section 2. City of Poway Regulatory Ordinance,
Section 62.674, is amended to read as follows:
(a) DECLARATION AND POSSESSION OF VICIOUS DOG
that a dog is a
62.601 (aa) (1), (2)
a "Vicious Dog".
If the Department has cause to believe
"Vicious Dog" within the meaning of
or (3), it may find and declare such dog
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is a "Vicious Dog",
and/or possessor
declaration.
Upon finding and declaration that a dog
the Department shall notify the owner
of the Department's finding and
3. The notice shall inform the owner
and/or possessor of said dog that a request for a hearing
may be made within ten (10) working days of mailing of said
notice to contest the finding and designation.
4. Failure of the owner and/or possessor
to request a hearing pursuant to subsection (3) shall result
in the dog being finally declared a "Vicious Dog" and
subject the dog and its owner and/or possessor to the
provisions of this chapter.
5. A finding at the hearing that the dog
does fall within sub-sections (1), (2) or (3) of Section
62.601(aa) shall result in that dog being declared a
"Vicious Dog" and subject the owner and/or possessor to the
provision of this chapter.
6. The Department may impose upon the
owner and/or possessor of a dog declared a "Vicious Dog" by
the Department specific restrictions and conditions for the
maintenance of the dog to ensure the health and safety of
the public and dog. The restrictions and conditions may
include, but are not limited to:
be
The posting of a bond or other proof of
ability to respond in damages to the
amount of ten thousand dollars
($10,000.000.
Enclosure requirement relating to size,
construction and design.
Location and restriction of the dog's
residence.
de
ee
Requirements as to type and method of
restraints and/or muzzling of the dog.
Photo identification or permanent
marking of the dog for purposes
of identification.
Payment of a reasonable fee
to recover the costs of the
Department in verifying
compliance with this chapter.
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(b) POSSESSION UNLAWFUL
'It iS unlawful to have custody of, own or
possess a, vicious dog unless it is restrained, confined, or
muzzled so that it cannot bite, attack or cause injury to
any person.
(c) DECLARED VICIOUS DOG
It shall be unlawful for the owner and/or
possessor of a dog declared vicious pursuant to subsection
(a) to fail to comply with any requirements or conditions
imposed pursuant to subsection (a) 6.
(d) VIOLATION DEEMED A PUBLIC NUISANCE
A dog found to be in violation of this
section shall be deemed a public nuisance and their
continued possession or ownership shall be unlawful.
(e) DEPARTMENT MAY IMPOUND AND ABATE
The Department may impound or abate any
vicious dog kept in violation of this section by any means
necessary, including, but not limited to, destruction of the
dog.
(f) NOTIFICATION OF RIGHT TO HEARING
At least three (3) working days prior to the
impoundment and abatement, the owner or custodian of record
shall be notified of their right to a hearing to determine
that the dog has been found in violation of this section.
If the owner or custodian of record request
a hearing prior to impoundment, no impoundment shall take
place until the conclusion of the hearing except as noted in
(h).
(g)
RESULTS OF HEARING
If, as a result of the hearing, the
Department returns the dog to the owner, the hearing officer
may impose certain reasonable restrictions and criteria or
conditions for the maintenance of the dog to ensure the
health and safety of the animal and the public. The
conditions and/or restrictions may include, but are not
limited to those set forth at Section l(a)6a. The failure
to meet the agreed restrictions or conditions for the
maintenance of the dog will result in citation or
impoundment or other Department action.
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(h)
IMMEDIATE IMPOUNDMENT
When, in the opinion of the Department,
immediate impoundment is necessary for the preservation of
the dog's or public's health or safety, or if the dog has
been impounded under other provisions of this Code or State
law, the pre-impoundment hearing shall be waived. However,
the owner or custodian of record shall be given a notice
allowing three working days to request an abatement hearing.
If requested, a hearing shall be held within five (5) days
of the request, and the dog shall not be disposed of prior
to the conclusion of the hearing. If, after three working
days, no request for a hearing is received from the owner or
custodian of record, the dog in question shall be declared a
public nuisance and disposed of under applicable provisions
of law.
(i) CHANGE OF OWNERSHIP
Owners of a vicious dog who sell or
otherwise transfer the ownership custody or residence of the
dog shall within ten (10) days inform the Department of the
name, address, and telephone of the new owner and the name
and description of the dog. The owner shall, in addition,
notify the new owner in writing of the details of the dog's
record, terms and conditions of maintenance and provide the
Department with a copy thereof containing an acknowledgment
by the new owner of his receipt of the original.
(j) MISDEMEANOR
Allowing any dog to be in contravention of
this section is a misdemeanor. The Department, the Health
Officer, and/or Peace Officers are hereby authorized,
directed and empowered to summarily abate any dog in
violation of this code by any means reasonably necessary,
including, but not limited to citation, impoundment or
destruction of the dog.
Section 3. City of Poway Regulatory Ordinance,
Section 62.685, is added to read as follows:
SECTION 62.685 PROTECTION DOGS/OPERATORS: A
protection dog operator as defined in Section 7521 of the
Business and Professions Code shall, in addition to State
Code requirements, register their name and file a copy of
their State identification card with County of San Diego's
Department of Animal Control. Such notification shall be
mailed not more than fifteen (15) days from receipt of State
identification card. In addition to compliance with the
State Codes, protection dog operators shall notify the
Director of the Department of Animal Control within a twenty
four (24) hour period of a protection dog assignment. A
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"Protection Dog" as defined in Section 7521 of the Business
and Professions Code means "any dog trained to guard,
protect, patrol.or defend any premises, area or yard, or any
dog trained to protect, defend or guard any person or
property ~ith or without the necessity of direct human
supervision". In addition to State Code requirements, the
sale, transfer or use of a vicious dog as defined in section
62.601(aa) for protection dog purposes is prohibited.
Section 4. This ordinance shall take effect and
be in force thirty (30) days after the date of its passage;
and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names and
members voting for and against the same in the Poway News
Chieftain, a newspaper of general circulation published in
the County of San Diego.
Introduced and first read at a regular meeting of
the City Council of the City of Poway held the 1st day of
February , 1983, and thereafter PASSED AND~-~PTED at
a regular meeting of said City Council held the 8tn day of
February , 1983, by the following role call vote:
AYES:
NOES:
C0UNCILMEMBERS: EMERY, KRUSE, ORAVEC, TARZY,
SHEPARDSON
COUNCILMEMBERS: NONE
ABSENT:
C0UNCILMEMBERS: NONE
Marjori~.. Wahlsten, City Clerk
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