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HomeMy WebLinkAboutMINUTES - 02282006 - C.29 TO: BOARD OF SUPERVISORS �`'�---� ` - ��' Contra . . FROM: Glenn E. Howell, k ;a;� °s Costa Director of Animal Services .; st_- � v~ County do �-==: .•c3' DATE: February 22, 2006 Tq COUti SUBJECT: Amendment to Dangerous Animal Ordinance • SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT Ordinance No. 2006-05, introduced February 14, 2006, 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. FISCAL IMPACT It is anticipated that there will be no additional costs arising from this amendment to the ordinance. BACKGROUND On February 14, 2006, Ordinance No. 2006-05 was introduced to the Board to amend the above referenced sections regarding possible violation of the Americans with Disabilities Act. In addition to the changes referenced, a further amendment was made in the last paragraph of Section 416-12.436 which now reads: "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." CONTINUED ON ATTACHMENT: YES SIGNATURE: / RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES : /LL ACTION OF BO ON YL�rwctiY y o2� y f APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF UNANIMOUS(ABSENT THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ) AYES: NOES: ABSENT: ABSTAIN: Contact: Jeanie Rounsaville-5-8370 Cc: Animal Services Department ATTESTED '�^'� JOHN SWEETEN, K OF THE BOARD OFSUPERVISORS BY: DEPUTY p CC) to o N O cr V V � LL• C) to d t4 0 V N O t.. � 0? U) cU to N o Lo O iV p U-) G N N N u? pet � tAr N L OW U3 ? bR. e- d w N O N M q o tl V cv to CC) 40 o U. � M cc 0 R z m `o`' v o D ~ LO cD t J t� *0 CR o VIIT 0 0 � Eq uj to d c d a c° � c `� o rn a W0. ~ � Nc, �. t Z CO CO o �' H OD 'L' O Cf) �' `�' ` co d 0 d o N ! m p o oN M r- m U? G Naomi O 0 E .v v to 0-) bet co .- o N � G w p d u r Od Z o ad+ co (0 ce)co l� Ncr? O CD jo O co r °' � � � � N U t N Q t0 NUZ tL 1 (D (� O co �noUaE � � U � VV .Nc6G0 Home Inspections (for re-inspections of animal enclosure at owner's home after initial inspection) • Officer Time: 1 hour Officers are responsible for doing the inspection; making recommendations to the owner; answering questions; talking to neighbors; writing the final report. Lieutenant Time: 10 min Internal records review; review background information; review officer report. Senior Clerk Time: 15 min Input all information into computer database. Dispatch Time: 15 min Call out scheduled inspection to appropriate officer with all applicable information; follow up with officer for completion of call; update database. Potentially Dangerous Animal Permit Fee Lead/Senior Clerk Time: 1 hour Assist public at front counter; give application to customer; explain fees and process; answer questions; collects fees; print receipt for customer; enter information into computer database; Records search, correspondence to customer; follow up with officer. Officer Time: 4 hours Handling the dog; talking to victim(s)/witness(es); preparing bite report; entering information into database; priors check in computer database; incorporate all information into report for Sergeant review. • Sergeant Time: 3 hours Prepares justification and notice to dog owner; reviews probable cause issues; review of fees; review of money owed to County for animal impound and other fees; prepare affidavit to waive hearing; review priors check; do records check outside computer database system; send to Lieutenant for review. Lieutenant Time: 2 hours Review entire packet which includes editing reports; asking additional questions; ensuring case is properly prepared; reviewing all priors and records checks; reviewing animal history. If returned to Sergeant, review final packet after all changes made. PROHIBITED DOG PERMIT Lead/Senior Clerk Time: 1 hour Assist public at front counter; give application to customer; explain fees and process; answer questions; collects fees; print receipt for customer; enter information into computer database; Records search; correspondence to customer; follow up with officer. Officer Time: 1.5 hours Home Inspection; priors check; temperament testing of animal; interviewing neighbors; entering information into computer database; incorporate all information into report for Sergeant review. Sergeant Time: 1 hour Prepares justification and notice to dog owner; review of fees; review priors check; do records check outside computer database system; send to Lieutenant for review. Lieutenant Time: 15 min Review entire packet which includes editing reports; asking additional questions; reviewing all priors and records checks; reviewing animal history. If returned to Sergeant, review final packet after all changes made. Pick Up Fees Pick up fees for owned animals and animals from Veterinary hospitals are increasing due to the amount of officer and clerical time involved. Also, for Veterinarians, pick up fees per animal have increased due to increased disposal service fees. Officer Time: 45 min Load/unload animals; process paperwork; update computer database. Senior Clerk Time: 30 min. Dispatch time; invoices vets; receipt money; follow up notices; phone calls Pick up fees for miscellaneous animals over 100 lbs. have increased due to use of specialized equipment and officer time. Officer Time: 4 hours Requires use of 2 officers to pick up and transport due to size of animals. Officer on scene; calls for additional officer to get equipment in Martinez; 2nd officer reports to scene with vehicle; both officers return to shelter to unload. 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 or in training 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 or in training to assist a qualified individual with a disability. (Ords. 2006-05 § 4, 2005-24 § 2). Ordinance 2006-05 Page 2 d . 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 � a -�y a8j��� by the following vote: AYES: SUPERVISORS PIEPHO. DeSAULNIER, GLOVER, GIOIA NONE: NONE ABSENT: SUPERVISOR UIL.KENIA ABSTAIN: NONE ATTEST: JOHN SWEETEN Clerk of the Board of Supervisors and County Administrator By: A�9�� Deputy , Board of Supervisors [SEAL] BL H.-Unimal Serviceslamend dog ordinance re assistance dogs final.wpd Ordinance 2006-05 Page 3 PUBLICATION RE UISTION LEGAL PUBLIC Q = = Contra Costa County From: Clerk of the Board To: Contra Costa Times_ 651 Pine St., Room 106 PO Box 5124 Martinez, CA 94553 Walnut Creek,-CA'94596. Requested by: . E'er y v� -��ia-�� Date: ' `' Phone No:. Reference No: 11&_ Org: Sub Object: e?Z Task: ��� Activity: Publication Date (s): /%Wd4 �•3. .a2�-o� . No. of Pages: 0 LEGAL PUBLICATION- ••••Immediately upon expiration 4publication.0•••—. — — send in one affidavit for each publication in order that the auditor may be authorized to nay your bill. Authorized Signature: Please confirm date of publication & receipt orthis fax.