HomeMy WebLinkAboutMINUTES - 02142006 - D.3 r^ ,
• TO: BOARD OF SUPERVISORS ........... ° Contra
.;
FROM: Glenn Howell, Animal Services Director - }
Costa
DATE: February 14, 2006
ODSrA'COUK�•� Count y
SUBJECT: Amendment to Dangerous Animal Ordinance ...///
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
D
RECOMMENDATION: ' 3
INTRODUCE Ordinance No. 2006-05 to amend Sections 416-12.430, 416-12.436, and 416-
12.438 of the County Ordinance Code to exempt assistance dogs, including guide dogs,
service dogs, and signal dogs, from application of the prohibited dog ownership by convicted
felons provisions; WAIVE reading, and FIX February 28, 2006 for adoption.
FISCAL IMPACT:
It is anticipated that there will be no additional costs arising from this amendment to the
ordinance. Enforcement of the potentially dangerous and dangerous animal ordinance
sections are intended to be covered by the imposition of new fees related to potentially
dangerous and dangerous animals.
BACKGROUND:
On November 15, 2005, the Board adopted Ordinance No. 2005-24 which strengthened the
County's ability to regulate potentially dangerous and dangerous animals. A new section of
the dangerous animal ordinance was also added that prohibits convicted felons from owning
dogs posing a threat to public safety. A concerned citizen questioned whether these sections
violate the Americans with Disabilities Act. To avoid any unintended perception of an
adverse impact on the disabled, the ordinance is being amended to expressly exempt
assistance dogs from application of those provisions. The amended ordinance sections are
attached.
CONSEQUENCES OF NEGATIVE ACTION:
Failure to amend the ordinance may result in legal challenges'to the ordinance and costs in
defending such challenges.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
COMMENDATION OF COUNTY ADMINISTRATOR. RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
SIGNATURE(S):
__ ______-----_ — - —--- - ----------- --------------------- ---------—-- -----_
ACTION OF BO D N �' L APPROVE AS RECOMMENDED OTHER /Y
k,, G �Q-Z't G,f kj-
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT_/ ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED �:A
CONTACT: Glenn Howell 335-8370 JOHN SWEET N,CLERK OF THE 40AR0 OF J
SUPERVISORS AND COUNTY"
ADMINISTRATOR
CC: County Administrator
County Counsel
BY �UTY
Page 1 of 1
I .
ORDINANCE NO. 2006-05
Amendment to Dangerous Animal Ordinance
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 Section 416-12.430("Exception") of the
County Ordinance Code to specifically state that nothing in the animal ordinance shall be
construed to limit the access of any person in violation of state or federal laws. This
ordinance also amends Sections 416-12.436 and 416-12.438 ("Prohibited dog ownership
by convicted felons" and"Prohibited dog permit")to exempt assistance dogs from .
application of those provisions.
Section II. Section 416-12.430 of the County Ordinance Code is amended to read:
416-12.430 Exception.
Nothing in this chapter shall limit the right of any person or officer to take any
proceedings against a potentially dangerous or dangerous animal or its owner or keeper
that are otherwise permitted or provided by law, and nothing in this chapter shall be
construed to limit the access of any person in violation of state or federal laws. (Ords.
2006-05 § 2, 2005-24 § 2, 80-97 § 2).
Section III: Section 416-12.436 of the County Ordinance Code is amended to read:
Section 416-12.436 Prohibited dog ownership by convicted felons.
(a) Any person who has been convicted of a felony under the laws of the
United States, of the State of California, or any other state, government, or country,who
owns,purchases,receives, or has in his or her possession or under his or her custody or
control a dog that poses a danger to the public's health, safety or welfare if misused by a
convicted felon is guilty of a misdemeanor,unless the person possesses a current, valid
prohibited dog permit for that dog as provided in section 416-12.438. A convicted felon
under this article shall not include felons whose convictions were set aside pursuant to
Penal Code section 1203.4. "Misuse"by a convicted felon means use of a dog in a
threatening or aggressive manner, or in the commission of a crime.
(b) Any dog whose owner or keeper is in violation of this section shall be
impounded, or impounded subject to destruction, at the owner's expense.
(c)A dog that poses a danger to the public's health, safety or welfare if
misused by a convicted felon under this section means any of the following:
(1) A dog weighing more than 20 pounds.
(2) A dog who has been designated a potentially dangerous or dangerous
Ordinance 2006-05
Page 1
animal under Sections 416-12.402 and 416-12.404 of this code.
(3)A dog designated by the animal services director as posing a danger to the
public's health, safety or welfare if misused by a convicted felon based upon the
following factors:
(i) The nature of any complaints regarding the dog.
(ii) The strength of the dog, including jaw strength.
(iii) The dog's tolerance for pain.
(iv) The dog's tendency to refuse to terminate an attack.
(v) The dog's potential propensity to bite humans or other domestic animals.
(vi) The dog's potential for unpredictable behavior.
(vii) The dog's aggressiveness.
(viii) The likelihood that a bite by the dog will result in serious injury.
This section shall not apply to any assistance dog, including guide dogs, signal
dogs and service dogs, trained to assist a qualified individual with a disability. (Ords.
2006-05 § 3, 2005-24 §2).
Section IV. Section 416-12.438 of the County Ordinance Code is amended to read:
Section 416-12.438 Prohibited dog permit.
Any convicted felon who wishes to own,purchase,receive or have in his or
her possession or under his or her custody or control a dog weighing more than 20
pounds under section 416-12.436(c)(1), or a dog that the animal services director
designates as posing a danger to the public's health, safety or welfare if misused by a
convicted felon under section 416-12.436(c)(3), may apply for a prohibited dog permit to
own,keep or maintain that dog. If there is probable cause to believe that a dog poses a
danger to the public's health, safety or welfare if misused by a convicted felon, the dog
may be impounded pending a determination made under this article and until any
required permit is obtained. If the animal services director designates a dog as posing a
danger to the public's health, safety or welfare if misused by a convicted felon,written.
notice of this designation shall be mailed to the owner or keeper of the dog. The owner
or keeper must pay an application fee and apply for the prohibited dog permit within
fifteen calendar days after the mailing of the written notice of designation. The animal
services director may deny a prohibited dog permit if he or she determines that the dog
poses a danger to the public's health, safety or welfare, or may condition the issuance of
the permit upon the permittee's written agreement to comply with conditions of
ownership to be determined by the animal services director. These conditions of
ownership may include,but are not limited to, those found under section 416-12.422. A
prohibited dog permit may subsequently be revoked by the animal services director if
there is probable cause to believe that the convicted felon's continued ownership of the
dog poses a danger to the public's health, safety or welfare.
This section shall not apply to any assistance dog, including guide dogs, signal
dogs and service dogs,trained to assist a qualified individual with a disability. (Ords.
2006-05 § 4, 2005-24 § 2).
Ordinance 2006-05
Page 2
Section V. Effective Date. This ordinance becomes effective 30 days after passage, and
within fifteen days after passage shall be published once with the names of the
Supervisors voting for and against it in the Contra Costa Times, a newspaper published in
this County.
PASSED and ADOPTED on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN
Clerk of the Board of Supervisors
and County Administrator
By:
Deputy Chair, Board of Supervisors
[SEAL]
BL
H.(Animal Serviceslamend dog ordinance re assistance dogs.wpd
F
Ordinance 2006-05
Page 3
Addendum to D.3
February 14, 2006
On this day the Board introduced Ordinance No. 2006-05 to amend Sections 416-12.430,
416-12.436, and 416-12.438 of the County Ordinance Code to exempt assistance dogs,
including guide dogs, service dogs, and signal dogs, from application of the prohibited
dog ownership by convicted felons provisions; waiving reading; and fixed February 28,
2006 for adoption.
Glen Howell, Director, Animal Services Department made the presentation,noting the
Board's adoption of Ordinance No: 2005-24 on November 15, 2005 of a new section of
the dangerous animal ordinance restricting convicted felons from owning dogs posing a
threat to society. Mr. Howell added a concerned citizen questioned whether these
sections violate the Americans with Disabilities Act. He went on to say to avoid any
adverse impact on the disabled, the ordinance will be amended without any fiscal impact.
Beatrice Liu, Deputy County Counsel, said the concerned citizen approved the revised
language but suggested that the exemption apply to dogs "in training"to assist a qualified
individual with a disability as well as dogs already trained to assist a qualified individual
with a disability. This would be a further change to the amendment in the Ordinance.
Supervisor Gioia asked how the dog would qualify to be "in training" and asked whether
this would create a big loophole or if this is just a normal criteria for a guide dog.
Ms. Liu said there could be potential for misuse when a convicted disabled felon may say
an aggressive dog is helping him with some handicap. She reasoned this language is
general enough to allow the Animal Services Director some flexibility to question the
qualifications for accommodating the disability and this could be done by a training
certificate or a note from a Doctor corroborating disabling conditions.
Supervisor Piepho asked how this would affect an individual who is not disabled but
training a service dog.
Supervisor Piepho expressed concern about the safety of the Animal Services Officers in
the field and whether this would open a loophole taking away some safety.
"When it comes to service dogs, that part of the law is vague," said Mr. Howell. He went
on to say the person asking for the service dog tag signs an affidavit stating a particular
animal is a service dog. Mr. Howell explained a service dog would bark or alert the
owner if someone knocks on the door and they have a hearing problem, and is not
necessarily a Labrador Retriever.
Chair Gioia further remarked the dog in training means they are in training in some
official way—first the person is disabled and secondly the dog is in training to become an
official service or guide dog, and agreed with Mr. Howell that he include this in the
amendment to make sure there is no conflict with the Americans with Disabilities Act.
Ms. Liu pointed out the exemptions do not apply to the County's dangerous animal
hearing provisions so that an assistance dog who acts aggressively or threateningly may
still be subject to a dangerous dog hearing.
Supervisor Uilkema recognized the changes in the Ordinance but explained she wants to
make sure that the exemption for dogs in training is limited to dogs in training to assist
qualified individuals with disabilities.
Chair Gioia asked for public comment on this item. There were no speakers.
By a unanimous vote with none absent, the Board of Supervisors took the following
action:
ADOPTED the recommendations on Board Order; ADDED the words "or in training" to
Sections 416-12.436 and 416-12.438 so that the amendments to those sections will read
"This section shall not apply to any assistance dog, including guide dogs, signal dogs and
service dogs, trained or in training to assist a qualified individual with a disability."
ORDINANCE NO. 2006-05
Amendment to Dangerous Animal Ordinance
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 Section 416-12.430 ("Exception") of the
County Ordinance Code to specifically state that nothing in the animal ordinance shall be
construed to limit the access of any person in violation of state or federal laws. This
ordinance also amends Sections 416-12.436 and 416-12.438 ("Prohibited dog ownership
by convicted felons"and"Prohibited dog permit")to exempt assistance dogs from
application of those provisions.
Section II. Section 416-12.430 of the County Ordinance Code is amended to read:
416-12.430. Exception.
Nothing in this chapter shall limit the right of any person or officer to take any
proceedings against a potentially dangerous or dangerous animal or its owner or keeper
that are otherwise permitted or provided by law, and nothing in this chapter shall be
construed to limit the access of any person in violation of state or federal laws. (Ords.
2006-05 § 2, 2005-24 § 2, 80-97 § 2).
Section III. Section 416-12.436 of the County Ordinance Code is amended to read:
Section 416-12.436 Prohibited dog ownership by convicted felons.
(a) Any person who has been convicted of a felony under the laws of the
United States, of the State of California, or any other state, government, or country,who
owns,purchases,receives, or has in his or her possession or under his or her custody or
control a dog that poses a danger to the public's health, safety or welfare if misused by a
convicted felon is guilty of a misdemeanor,unless the person possesses a current,valid
prohibited dog permit for that dog as provided in section 416-12.438. A convicted felon
under this article shall not include felons whose convictions were set aside pursuant to
Penal Code section 1203.4. "Misuse"by a convicted felon means use of a dog in a
threatening or aggressive manner, or in the commission of a crime.
(b) Any dog whose owner or keeper is in violation of this section shall be
impounded, or impounded subject to destruction, at the owner's expense.
(c)A dog that poses a danger to the public's health, safety or welfare if
misused by a convicted felon under this section means any of the following:
(1) A dog weighing more than 20 pounds.
(2) A dog who has been designated a potentially dangerous or dangerous
Ordinance 2006-05
Page 1
animal under Sections 416-12.402 and 416-12.404 of this code.
(3)A dog designated by the animal services director as posing a danger to the
public's health, safety or welfare if misused by a convicted felon based upon the
following factors:
(i) The nature of any complaints regarding the dog.
(ii) The strength of the dog, including jaw strength.
(iii) The dog's tolerance for pain.
(iv) The dog's tendency to refuse to terminate an attack.
(v) The dog's potential propensity to bite humans or other domestic animals.
(vi) The dog's potential for unpredictable behavior.
(vii) The dog's aggressiveness.
(viii) The likelihood that a bite by the dog will result in serious injury.
This section shall not apply to any assistance dog, including guide dogs, signal
dogs and service dogs,trained to assist a qualified individual with a disability. (Ords.
2006-05 § 3, 2005-24 §2).
Section IV. Section 416-12.438 of the County Ordinance Code is amended to read:
Section 416-12.438. Prohibited dog permit.
Any convicted felon who wishes to own,purchase, receive or have in his or
her possession or under his or her custody or control a dog weighing more than 20
pounds under section 416=12.436(c)(1), or a dog that the animal services director
designates as posing a danger to the public's health, safety or welfare if misused by a
convicted felon under section 416-12.436(c)(3), may apply for a prohibited dog permit to
own,keep or maintain that dog. If there is probable cause to believe that a dog poses a
danger to the public's health, safety or welfare if misused by a convicted felon, the dog
may be impounded pending a determination made under this article and until any
required permit is obtained. If the animal services director designates a dog as posing a
danger to the public's health, safety or welfare if misused by a convicted felon,written
notice of this designation shall be mailed to the owner or keeper of the dog. The owner
or keeper must pay an application fee and apply for the prohibited dog permit within
fifteen calendar days after the mailing of the written notice of designation. The animal
services director may deny a prohibited dog permit if he or she determines that the dog
poses a danger to the public's health, safety or welfare, or may condition the issuance of
the permit upon the permittee's written agreement to comply with conditions of
ownership to be determined by the animal services director. These conditions of
ownership may include,but are not limited to, those found under section 416-12.422. A
prohibited dog permit may subsequently be revoked by the animal services director if
there is probable cause to believe that the convicted felon's continued ownership of the
dog poses a danger to the public's health, safety or welfare.
This section shall not apply to any assistance dog, including guide dogs, signal
dogs and service dogs,trained to assist a qualified individual with a disability. (Ords.
2006-05 § 4, 2005-24 § 2).
Ordinance 2006-05
Page 2
Section V. Effective Date. This ordinance becomes effective 30 days after passage, and
within fifteen days after passage shall be published once with the names of the
Supervisors voting for and against it in the Contra Costa Times, a newspaper published in
this County.
PASSED and ADOPTED on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN
Clerk of the Board of Supervisors
and County Administrator
By:
Deputy Chair,Board of Supervisors
[SEAL]
BL
H:(Anima!Serviceslamend dog ordinance re assistance dogs.wpd
Ordinance 2006-05
Page 3