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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 Page 1 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 Page 2 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 Page 3 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. Page 4 (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. Page 5 (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 Page 6 "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 Page 7