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Home My WebLink AboutMINUTES - 09011987 - 2.5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 1 , 1987 , by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, McPeak NOES: None ABSENT: Supervisor Schroder ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Animal Services Ordinances On August 25, 1987 the Board introduced ordinances regulating dangerous animals and prohibiting dogs in public build- ings and fixed this date for adoption. The Board at that time continued to this date decision on a proposed ordinance regulating pit bulls. The Board received a memorandum dated August 31, 1987 from Victor J. Westman, County Counsel, transmitting alternative insurance provisions for the dangerous animals ordinance and for the pit bull ordinance. In a memorandum to the Board dated August 24, 1987, Diane Iwasa, Animal Services Director, requested that the Board authorize her to solicit donations for the Animal Benefit Fund and for public education regarding responsible pet ownership. Supervisor McPeak advised that she had received a number of letters from members of the public expressing concern relative to the ordinance prohibiting dogs in public buildings. She noted that the language in the ordinance is inclusive and covers all animals assisting the handicapped. Supervisor Torlakson referred to the Share-a-pet program, where pets are brought to patients in hospitals. He inquired as to whether the ordinance would allow that program to continue. Diane Iwasa advised that the ordinance could be amended to allow the Animal Services Director authority to grant exemptions for programs such as the Share-a-pet program and the low cost rabies clinics. Victor Westman, County Counsel, recommended that the person having jurisdiction of a particular public building also be given the authority to grant or deny such an exemption for special programs. Supervisor Torlakson commented on the potential cost of implementing the ordinance. He suggested that a license fee increase might be feasible to assist in financing the enforcement costs. Donald Ward, 3717 Countrytown Drive, Antioch, represent- ing several dog trainers, commented on the training of personal and commercial guard dogs. He stated that the California Business Professions Code regulates the care and use of commercial guard dogs, as well as providing for the licensure of persons training personal protection dogs. Mr. Ward recommended that the dangerous animal ordinance be amended to exclude dogs that have been special- ly trained to guard persons and/or property from the definition of a potentially dangerous animal. He recommended specific require- ments for the owners of such trained guard dogs, including notifi- cation to law enforcement agencies, fire departments, and utility 1 I r� companies of the dog' s presence on the property, and continued maintenance training of the dog. Mr. Ward also commented on the need for protection of dogs who are being teased, abused or otherwise enticed to bite, and urged the Board to adopt a strong dangerous animal ordinance that would also cover these issues. Supervisor McPeak advised that County Counsel had requested that action on the pit bull ordinance be deferred to allow time for a more comprehensive review of the legal issues. Steve Henderson, 1900 Peach Place, Concord, expressed support of an ordinance aimed at responsible pet ownership. 1 Hazel Olbrich, 1115 Viewpointe Blvd. , Rodeo, noted that a breed specific ordinance is a violation of private property rights and is generally not defensible in Court. She commented on the difficulty in identifying the pit bull breed, and urged the Board to not adopt a breed specific ordinance. Frank Alhino, President of the Barbary Coast Bull Terrier Club, offered a donation to the Animal Benefit Fund, and also offered the assistance of his club in training and/or educa- tion of responsible dog ownership. There being no further discussion, IT IS BY THE BOARD ORDERED that the following actions are APPROVED: 1. AUTHORIZED Animal Services Director to solicit donations for the Animal Benefit Fund and for public education regarding responsible pet ownership; 2. ADOPTED ordinance regulating dangerous and potentially dangerous animals, as amended to include liability insurance requirements; 3 . REFERRED recommendations of Donald Ward relating to strengthening the dangerous animal ordinance and the issue of penalties against persons teasing or tormenting animals to the Animal Services Director for review; 4. REFERRED the issue of funding enforcement activities related to the ordinance to the County Administrator, Animal Services Director and the Finance Committee for review; 5. ADOPTED ordinance prohibiting animals in public build- ings, as amended to include exception of animals partic- ipating in special programs approved by the Animal Services Director and personnel responsible for the building; and 6 . DEFERRED to September 8 , 1987 decision on ordinance regulating pit bulls. cc• Animal Services Director f hereby certify that this is a tree and corrects e?°i of • County Administrator an action taken and e;ltci-cl on tie minutes of the e: Finance Committee board of Bupe aasors ohe date, si"own County Counsel ATTESTBD: ��R, ��/98� Pt11il. BAT 4' e of the Beard of supervisors and County Administrator By _[.,c,< tau '' , Deputy 2 ORDINANCE NO. 87- 74 (Regulation of Dangerous Animals and Potentially Dangerous Animals ) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . SUMMARY. This ordinance amends Article 416-12 . 4, Dangerous Animals , to provide for designation and regulation of potentially dangerous animals ; to restrict future ownership of dangerous animals ; to give the director of animal services dff �.scre- tion to destroy a dangerous animal that cannot be safely main- tained; and to require a declaration of insurance as a permit condition . SECTION II . Section 416-12 . 401 Potentially Dangerous Animals is added to the County Ordinance Code to read: 416-12 . 401 . Potentially Dangerous Animal . (a) Any animal , except a dog assisting a peace officer engaged in law enforcement duties , which has any of the following characteristics is a potentially dangerous animal : ( 1) has a known propensity, disposition or tendency for unprovoked attack, which may cause injury or threaten the safety of humans or domestic animals; ( 2) has been specially trained to guard persons and/or property; ( 3) is unlicensed; (4) has engaged in any behavior that constitutes a phys- ical threat of bodily harm to a person or domestic animal . (b) The Director may issue a notice designating an animal exhibiting the aforementioned characteristics as potentially dangerous and may recommend that the animal ' s owner take certain actions to prevent future injury by the animal . (Ord. 87- 74 5 2 . ) SECTION_III . Section 416-12 .402 Dangerous Animals is amended to reads~ _ 416-12 .402 . Dangerous Animals . Any animal , except a dog assisting a peace officer engaged in law enforcement duties , which demonstrates any of the following behavior , is rebuttably presumed dangerous : (a) An attack which requires a defensive action by any per- son to prevent bodily injury and/or property damage in a place where such person is conducting himself peacefully and lawfully; (b) An attack on another animal or livestock which occurs off the property of the owner of the attacking animal ; (c) An attack that results in an injury to a person in a place where such person is conducting himself peacefully and lawfully; (d) Any behavior that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peacefully and lawfully. 4 � (e) Repetition_of behavior that resulted in the animal ' s prior_designation_as_a_221entially_dangerous_animal_pursuant_to section 416-12 . 401 . _ For the purposes of this section , a person is peaceably and lawfully upon the private property of an owner or possessor of the animal when he is on such property in the performance of any duty imposed upon him by the laws of this state or any city or county, or by the laws or postal regulations of the United States , or when he is on such property upon invitation , express or implied. (Ord . 87-_74__, S 3 . ) SECTION_ IV. Section 416-12 .426 Restriction on Future Ownership is hereby added to the County Ordinance Code to read: 416-12 .426 . Restriction on Future Ownership. ( a) Any person who owns , possesses , keeps or harbors an ani- mal determined to be dangerous pursuant to section 416-12. 404 of this Article , without a dangerous animal permit may after oppor- tunity for hearing and a finding of good cause by the Animal Services Director , be subject to restrictions on his ownership of other animals of the species for a period of five (5) years after the original determination of danger . (Ord. 87--74_, S 4. ) (b) At least fifteen (15 ) days prior to imposition of restrictions , the director shall mail or otherwise deliver to the person on whom restrictions are proposed a notice containing a statement of the reasons supporting the imposition of restrictions and specifying the proposed restrictions and notice of the per- son ' s right to request , in writing within five days of receipt of the notice , a hearing before the director as to the existence of good cause for imposition of restrictions . If a hearing is requested , the director shall mail or otherwise deliver to the requesting party notice of the time and place of the hearing. If , after hearing , the director determines that good cause for imposi - tion of restrictions exists , he/she shall impose the specified restrictions within ten (10 ) days after mailing notice of his/her decision. If no hearing is requested , the director shall impose restrictions within fifteen days of the original notice . SECTION V. Section 416-12. 405 is added to the County Ordinance Code to read: 416-12 . 405 . Destruction of Dangerous Animal . After the notice and hearing provided for in section 416-12 . 404 , the animal services director may further find , in writing with supporting reasons , that an animal is so dangerous , or that other special circumstances exist , such that maintaining the animal poses a substantial threat to public health and safety . Ten days after mailing notice of a finding under this section, the animal ser- vices director may dispose of any such dangerous animal by humanely destroying it by injection. (Ord. 87- 74__, S 5 . ) SECTION VI . Subsection ( i ) is added to section 416-12 .414 of the County Ordinance Code to read: 416-12 .414( i ) . Provision to the Animal Services Director of a declaration under penalty of perjury stating that the permitee: ORDINANCE NO. 87- 74 ---------------------- -2- (1 ) Possesses public liability insurance from an insurer licensed to practice in the State of California, in a single inci- dent amount of not less than fifty thousand dollars ($50 , 000. 00) for each animal , for injury to or death of any person or persons , or loss or damage to any property caused by or resulting from any act or such animal ; (2) Will maintain such insurance policy for so long as he owns , keeps or harbors the animal . (Ord . 87- 74 _9 S6 . ) S_E_CTION VII . EFFE_C_TIVE DATE. This ordinance becomes effective 30 days after passage , and within 15 days after passage shall be published once with the names of supervisors voting for and against t the CONTRA publishedinnthis .Coun y .- (§� 52 123 &TIMES a newspaper 251245- _ PASSED ON ----September 1 , 1987 ------, by the following vote: ------------------ AYES : Supervisors Powers , Fanden, Torlakson and McPeak NOES : None ABSENT: Supervisor Schroder ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the B rda County Administrator By: - ----------- ---------/ - --1n �� - Depu y Board Chair - [SEAL] , ORDINANCE NO. 87- 74 -3- .2. s- (b) ORDINANCE NO. 87- 7 3 (Prohibition Against Animals in Public Buildings ) The Contra Costa County Board of Supervisors ordains as follows ( omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : [Gov. Code , S 25120 . ) SECTION I . SUMMARY. This ordinance adds Article 22-2 .6 Animals , to prohibit animals not being used by peace officers or to aid the handicapped from certain public buildings . SECTION_ II . Article 22-2 . 6 Animals is added to Chapter 22-2 , County Offices , of the County Ordinance Code to read: Article 22-2 . 6 Animals 22-2 . 602 General . No animal shall be permitted in a County building other than facilities of the Contra Costa County Department of Animal Services . This section shall not apply to animals being used by peace officers or to aid the handicapped or to animals participating in special programs approved by the Animal Services Director and persons responsible for the building. SECTION III . EFFECTIVE DATE. This ordinance becomes effective 30 days after passage , and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the CONTRA_ COSTA TIMES a newspaper published in this County. '� �� 25123 & 25124 PASSED ON September 1 , 1987 ----,, by the following vote: ----------------------- AYES : Supervisors Powers , Fanden, Torlakson and McPeak NOES : None ABSENT: Supervisor Schroder ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By ° 4—Tp -- — — — -------- —eu oar- Chair [SEAL] ORDINANCE NO. 87- 73