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HomeMy WebLinkAboutMINUTES - 06231987 - 2.5 a3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this order on June 23 , 1987 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Proposed Dangerous Animal Ordinance The Board received a memorandum dated June 17, 1987 from Victor J. Westman, County Counsel, transmitting the attached draft ordinance relating to amendments to the County' s Animal Services Ordinance which would require owners of pit bulls to post warning signs and maintain liability insurance. The Board received the attached report dated June 22, 1987 from Diane Iwasa, Director, Animal Services Department, relating to provisions of the County' s existing Dangerous Animal Ordinance. The Board also received the attached report dated June 23 , 1987 from Diane Iwasa, Director, Animal Services Department, recommending amendments to the draft ordinance from County Counsel. Supervisor Nancy Fanden commented on the draft ordinance and proposed amendments, and recommended that they be referred to the Internal Operations Committee for further review. She referred to Section 399 of the California Penal Code which directs that the owner of an animal that kills a human being is subject to felony charges, and expressed her belief that this law should be incorporated into the County Dangerous Animal Ordinance. Supervisor Torlakson commented on the viciousness of pit bull attacks and noted that studies indicate the genetic breeding and propensity for vicious attacks by this breed of dog. He stated that he believes there is a need for restrictions on current ownership of pit bulls and a direct ban on future ownership of the breed. The following persons appeared before the Board and spoke in opposition to an ordinance that would ban pit bulls or any specific breed of dog: Tom Silva, 4837 Stoneridge Court, Suisun; Al Avants, no address given; Michael Young, 1018 Broadway, San Pablo; Sandra Roldan, no address given; Steve Henderson, 1900 Peach Place, Concord; Kathy Potter, 1632 Oak Park Blvd, Pleasant Hill; Art Bowes, P.O. Box 541, Crockett; Michael A. Grace, 2191 Cypress Avenue, San Pablo; Jim Taylor, 1911 Sunshine Drive, Concord; Frank Albino, 1911 Sunshine Drive, Concord; Manuel Bento, 1721 Estudillo Street, Martinez; and Joseph Simpson, 1465 Lawrence Road, Danville. Barry Tesar, 2512 Erie Drive, Concord, urged the Board to adopt an ordinance that would ban pit bulls in order to protect the public. After further discussion by the Board, IT IS ORDERED that the draft ordinance and reports from the Animal Services Director relative to dangerous animals and control of vicious dogs is REFERRED to the Internal Operations Committee, to be discussed at the Committee meeting of July 13 , 1987. IT IS FURTHER ORDERED that the Animal Services Director is REQUESTED to gather data from her records and the records of other Bay Area counties relative to incidents of attacks by dogs categorized by breed and the severity of the attack, and provide this information to the Board. cc: Internal Operations Committee Animal Services Director County Administrator I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: O.._. 073, /987 PHIL BAl HELOR, Clerk of the Board of Supervisors and County Administrator By , Deputy v . , ORDINANCE NO. 87- (Obligation To Post Warning Of Pit Bull Dogs) The Contra Costa County, Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provi- sions of the County Ordinance Code): SECTION I: SUMMARY. This ordinance requires owners of certain pit bull dogs to post signs warning of the presence of said dogs. SECTION II: Article 416-12.5 Notice of Designated Dogs, Section 416-12.502 is added to the County Ordinance Code to read as follows: 416-12.502 Notice of designated dogs. (a) Every person owning; possessing, harboring, or having custody of any of the types of dogs designated in section (b) shall post in a prominent place on his/her premises a clear and visible sign which reads "Beware of Pit Bull Dog." (b) The following types of dogs shall be subject to the provisions of section (a) : 1. The bull terrier breed of dog; 2. The Staffordshire bull terrier breed of dog; 3. The American pit bull terrier breed of dog; 4. The American Staffordshire terrier breed of dog; 5. Any mixed breed dog which contains as an element of its breeding one of the afore- mentioned types. (Ord. 87- SECTION III: Effective Date. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for or against it in the , a newspaper published in this County. PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By Board Chair (SEAL) ORDINANCE NO. 87- (Financial Responsibility of Dangerous Animal Owner) (Obligation To Post Sign Of Dangerous Animal's Presence) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provi- sions of the County Ordinance Code): SECTION I: SUMMARY. In investigating and granting a dangerous animal permit application, this ordinance authorizes the Animal Services Director to require insurance or other evidence of financial responsibility on the part of the applicant. This ordinance also authorizes the Animal Services Director to require the applicant to post signs warning of the presence of a dangerous ani- mal on applicant's property. SECTION II: Section 416-12.410 of the County Ordinance Code is amendedto read as follows: 416-12.410 Investigation. (a) At the receipt of a complete permit application, the animal services direc- tor may investigate the application and may grant a county permit if in his/her discretion, he/she finds the following conditions satisfied: (1) Facilities exist at the location to adequately secure, feed, house and maintain the animal; (2) Possession and maintenance of the animal at the location is not likely to endanger the peace, quiet, health, safety or comfort of persons in the vicinity of the location; (3) Possession and maintenance of the animal at the location is not likely to be detrimental to agriculture, native wildlife, or the public peace, health or safety in the county; (4) Possession and maintenance of the animal at the location has not resulted in, and is not likely to result in, the animal being subjected to neglect, suf- fering, cruelty, or abuse; (5) Neither the applicant, owner, nor the possessor of the animal has had a county dangerous animal permit or any other license required under this division revoked, or been convicted of a violation of this divi- sion or any law regulating animals within three years; (6) Possession of the animal at the location spe- cified will not violate any law, ordinance, or regula- tion. (7) The applicant, owner, or possessor of the ani- mal has insurance, in such amount as may be determined in the discretion of the animal services director, to cover potential civil liability resulting from the ani- mal's behavior. (8) The applicant, owner or possessor of the animal has posted in a prominent place on the premises where the animal resides a visible sign which reads 'Beware of dangerous ." The owner shall have specified on the sign the type of dangerous animal for which the permit is sought. (b) Persons residing in the vicinity of the loca- tion shall be notified of the application and be given an opportunity for comment. (Ord. No. 87- §2, Ord. 80-97 §2.) SECTION III: EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the , a newspaper published in this County. PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By Board Chair [SEAL] Animal Services Department Co Cn �tra Diane Iwasa 4849 Imhoff Place Costa Animal Services Director Martinez, California 94553-4393 County (415) 372-2995 651 Pinole Shores Drive Pinole, California 94564-2632 (415) 235-7666 TO: Board of Supervisors DATE : June 23, 1987 FROM: Diane Iwasa, Director SUBJECT: Amendments to Animal Ordinance Ani/mal Services Department I have reviewed the draft of County Counsel 's proposed amendments to the Revised Animal Control Ordinance, as ordered by the Board on June 2, 1987. As reflected in the agenda of June 23, 1987, the Board has since had cause for continued concern relative to the control of dangerous animals. On .June 18, 19875 I met with the entire Animal Services Department staff to discuss concerns regarding dangerous animals. The department will support and enforce to the limits of our operational ability, whatever action the Board of Supervisors chooses to take relative to the control of dangerous animals. The changes in the proposed ordinance listed below, would enable us to use our limited resources more efficiently. I would, therefore, like to request that these items be referred to the Internal Operations Committee for consideration. Item #1: Section (c) should be added to Article (Section) 416-12.502 to provide that: (c) The Animal Services Director shall have the authority to make a determination as to whether a dog falls into one of the cate- gories listed in Section (b) above. Reason: In the event of a challenge on the breed identification, this modification would allow the Animal Services Department to make the final determination to affect compliance. Item #2: Section (d) should be added to Article (Section) 416-12.502 to provide that: Board of Supervisors 2 June 23, 1987 Item 2: (cont'd) (d) Violation of this section is an infraction. Reason: "An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his written promise to appear, his own recognizances or a deposit of bail" (Penal Code 19c) . Item #3: Section (e) should be added to Artilce (Section) 416-12-502 to provide that: (e) Each day of noncompliance with Article 416-12.502 shall be treated as a separate violation. Item #4: Modify Section 416-12.502(a) to provide that: Signs warning of the presence of dogs designated in this section shall be of a size, shape, location, and content approved by the Animal Services Director. Reason: The Animal Services Department would like to eventually see uniform warning signs that can be incorporated into an educational program to protect children and adults who might be unable to read. Item #5: Amend Section 416-12.410 to delete those sections that provide for the issuance of a Dangerous Animal Permit. Instead, request County Counsel to draft language that would allow the Animal Services Director to humanely euthanize any animal found to be dangerous after a hearing has been conducted in accordance with Section 416-12.404 of the County Animal Control Ordinance. Reason: The Animal Services Department feels it is not in the best interests of the community to release an animal which has been found to be dangerous. Board of Supervisors 3 June 23, 1987 It is hoped these changes will make the proposed Ordinance more effective by enabling the department to enforce its provision more efficiently. DI :ah 41-Ord cc: Files Animal 'Services Department Contra Diane Iwasa 4849 Imhoff Place Costa Animal Services Director Martinez, California 94553-4393 (415) 372-2995 County 651 Pinole Shores Drive Pinole, California 94564-2632 (415) 235-7666 TO: Board of Supervisors DATE : June 22, 1987 FROM: Diane Iwasa, Director SUBJECT: Proposed Vicious Dog Ordinance Animal Services D art This memorandum is in response to the June 16, 1987 proposal of Supervisor Powers that the Board of Supervisors adopt an ordinance concerning the control of vicious dogs which was sent to the Animal Services Department. The proposed ordinance provisions are currently provided for in the County's existing Animal Control Ordinance under Article 416-12.4 Dangerous Animals. This article is attached for your review. The proposed ordinance subject matter and the corresponding Contra Costa County Animal Control Ordinance Article number are provided below for your reference. 1. Define what is meant by a "vicious dog". (Contra Costa County Ordinance 416-12.402) 2. Establish the procedures by which a dog comes to be considered vicious or dangerous. (Contra Costa County Ordinance 416-12.404) 3. Establish the actions that may be taken if an owner contests the designation of his or her dog as vicious. (Contra Costa County Ordinance 416-6.400 (b) , (c), (d) ) . 4. Establish the actions that need to be taken by the owner of a dog con- sidered to be vicious. (Contra Costa County Ordinance 416-12.406, 408, 410, 412, 414) 5. Describe the penalties that will be assessed if the dog owner does not comply with the above requirements. (Contra Costa County Ordinance 416-12.416, 420). DI :MGR:ah 41-Prop.Ord cc: Files i i 5416-12.204 Animal Wastes. Any person having the ownership, custo y, or control o any aninal which defecates on public walks, in public recreation areas, in public buildings, or without the owner's consent on private property, shall immediately remove the excrement fror., any such place to a site not prohibited by law. This restriction shall not apply it areas identified as horse trai'.s or areas specifi- cally set aside for exercise of animals. ARTICLE 416-12.4 DANG8ROL'S ViIIIALS. 5416-12.402 Dan erous finals. Any animal, except a dog assist- ing a peace officer engage in aw enforcement duties, which demonstrates any of the following behavior, is rebuttaLly presumed dangerous: (a) An attack which requires a defensive action by any person 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 attach 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 peace- fully and lawfully. 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 inposed 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. 5416-12.404 Findin of D�angerr. After notice and hearing upon charges following t eFi prose urd expressed in 5416-6.400, the Animal Services Director may declare that an animal is dangerous and there- . after such animal is a dangerous animal. 5416-12.406 Dan erous Animal Pernit Required. No person shall own, maintain, or possess any anyezous anima wi out having obtained a permit from the Animal Services Director, including payment of any and all fees required, and compliance with all conditions of such permit, within thirty days after a declaration that the animal is dangerous. 5416-12.408 Dan erous Aminal Permit A lication. An application fore ango— erous animal permat s a nc u e: (a) The true name and address of the applicant and of the owner or,possessor of the animal, and the names and addresses of two persons who may be contacted in the case of emergency; (b) An accurate description of the dangerous animal for which the permit is requested; (c) The address or place where the animal will be located; •; . (d) The purpose for which the animal will be possessed or kept; (e) Such other information as the Animal Services Director ` may require; and j (f) An application fee for each animal. 5416-12.410 lnvesti tion. (a) At the receipt of a complete . permit appp int on, the�►i& Services Director may investigate the i application and may grant a county permit if in his/her discretion, he/ she finds the following conditions satisfied: (1) Facilities exist at the location to adequately secure, feed, house and maintain the animal; (12) i (2) Possession and maintenance o: the animal .at the location is not likely to endanger the peace, quiet, hedlth, safety or comfort of persons in the vicinity of the location; (3) Possession and maintenance of the animal at the location is not likely to be detrimental to agriculture, native wildlife, or the public peace, health or safety in the count,;; (4) Possession and maintenance of the animal at the location has not resulted in, and is not likely to result in, the anima.1 being subjected to neglect, suffering, cruelty, or abuse; (5) Neither the applicant, owner, nor the possessor of the animal has had a County Dangerous Animal Permit or any other license required under this ordinance revoked, or been convicted of a violation of this ordinance or any law regulating animals within three years; (6) Possession of the animal at the location specified will not violate any law, ordinance, or regulation. (b) Persons residing in the vicinity of ,the location shall be notified of the application and be giver. an opportunity for comment. 5416-12.412 Dan erous Animal Pemit. A County Dangerous Animal Permit s a e issue to a possessor 01 the animal, and shall be valid for not more than ore calendar year, but may be renewed for sub- sequent years upon the filing of a renewal application conforming to the requirements of S416-12.400 not later than December 31 of each year, and meeting all the requirements of this chapter as upon the issuance of the original permit. No person holding a dangerous animal has any right to a renewal of that permit. Failure to file application for renewal by February 1 shall result in a delinquent fee for each animal. County permits shall include the name and address of the applicant, the owner and possessor of the animal, the number and accurate description of the animal(s) , and the address or place where the animal will be located. 5416-12.414 Permit Conditions. All County Dangerous Animal Permits aresubject to compliance with all relevant state laws and ordinances, and are subject to the following. conditions: (a) The permit is non-transferrable; a (b) The animal may not be possessed nor maintained at any other location than that expressed on the permit; (c) The animal must be securely maintained; (d) The animal may not be permitted to be loose, or to create any detriment or danger to the peace, health, or safety of the people in the vicinity of the location, nor to agriculture, native wildlife, or public peace, health, or safety in the County; (e) The animal may not be subject to neglect, suffering, cruelty, nor abuse; (f) The location where the animal is possessed or maintained is kept clean and sanitary; and the animal is provided with proper and adequate food, water, ventilation, shelter and care at all tines; (g) The Animal Services Director shall be allowed at any reasonable time to inspect the animal and the place where the aniLLaI is located; (h) Payment of a permit fee if imposed by resolution of the Board of Supervisors. S416-12.416 Permit Revocation. Dangerous Animal Permits are subject to revocation as prov en in S416-6.4. 5416-12.418 Fees. Dangerous Animal Permit application fees, peLrmit-r-e­es—,_a_nZ deInquent fees shall be established by resolution of the Board of Supervisors. I 5416-12.420 Dar. arous Animal at Large. (a) Any dangerous animal found aT�shal uapo e . i (13) i I (b) Any dangerous animal found at large two times within twelve months after having been declared a dangerous anit.:al, or in any event a third tine after such declaration may be hunanely destroyed after notice and hearing upon. charges, following the procedure expressed in $416-6.400. $416-12.422In undaint Pendin Hearing. Any animal subject to dangerous— a`n nal procee angs nayBe u+poun a at the discretion of the Animal Services Director pending notice, hearings and determinations hereunder and until any required permit is obtained. The animal's owner shall be charged for all costs incurred or fees ap,;licable'with respect to such impoundment unless a finding is made that the animal is not dangerous or not subject to destruction. 5416-12.424 Exception. Nothing in this chapter shall limit the right o any person—or�To .icer to take any proceedings against a dangerous animal or the aver thereof otherwise permitted or provided by law. ARTICLZ 416-12.6 PERFOXIING ANI2L'ILS. 5416-12.602 Restrictions. IIo performing animal exhibition or circus s�F�Tia 1ST3n uce or encourage animals to perform through the use of chemical, mechanical, electrical, or manual devices in a tanner which . will cause, or is likely to cause, physical injury or suffering to the animal. X416-12.604 £ i ncnt. All equipment used or. a performing animal shall-71 propezl} —a—rid—Fe--in in good working condition. ARTICLE 416-12.6 SALES OR GIFTS OF ANIMALS. $416-12.302 Public Di lav Prohibited. No person under the age of eig .teen shaT1 p ace any og, cat, puppy or kitten on public display for the purpose of sale, offer for sale, barter or giveaway upon any street, sidewalk, parking lot, shopping center walkway or other public place, and no transfer of any such animal shall be made to any person under the age of eighteen. 5416-12.804 Salelf Do2s__or Cats. (a) The seller of a dog or cat shall provide to�tie buyer atthe time of sale a signed statement attesting to the seller's knowledge of the animal's health. Such state- ment shall also include the animal's immunization history, and the record of any known disease, sickness or internal parasites that the animal is afflicted with at the time of transfer of ownership, including treatment and medication. (b) Any person purchasing a dog or cat from a person or an establishment required to be licensed or registered pursuant to Chapter 416-6 of this code may, within five days of such purchase cause such animal to be examined by a veterinarian licensed by the State of California. If such examination reveals clinical signs of contagious or infectious disease, or serious congenital defects, not otherwise disclosed to the purchaser as required by this article, the purchaser may, within one business day of the examination, return such animal to the seller. When returned, such animal must be accompanied with a certificate signed by the examining veterinarian stating examination . findings. Upon return of such animal for the reasons stated in this section, seller shall reimburse the purchaser for the cost of the animal. If the seller refuses to reimburse the purchaser for the cost of the animal upon purchaser's offer to return it, the purchaser may file a civil complaint. (14) i ORDINANCE NO. 83- 10 i (Animal Control Ordinance mendments) The Contra Costa County Board of Supervisors ordains as follows: SECTION I: Section 416-4.210 "Animal services director deci- sion final" is added to the County Ordinance Code to read: S416-4.210 'Animal services director decision final. Whenever in tBTs division the animal services director is au- Morized to make a determination or take administrative action, such deter- mination or action shall be final and conclusive and shall not be subject to appeal under Chapter 14-4. SECTION II: Section 416-4.406 "Prohibition" is amended to reads 1416-4.406 Prohibition. No animal services officer shall act in v o ation of dovernmen Code section 53074. SECTION SII: Section 416-4.218 "Existing licensees" is corrected to read: 416-6.218 Existin Licensees. Persons holding Dog Fancier Licenses or Commercial Benne!in! tenses on the effective date of Ordinance 80-97 are entitled to a multiple pet license, and per- sons holding a Commercial Kennel License on the effective date of Ordinance 80-97 are entitled to a Kennel License, without prior approval, upon filing complete application documents and tendering the required fees. SECTION IV: Section 416-6.400 "License revocation" is amended by adding subsection (h) as follows: 4416-6.400 License revocation. (h) Evidence must be relevant, non-cumulative, and of such nature as responsible persons are accustomed to rely on in the conduct of serious affairs. Written statements by a county officer or employee, an officer or employee of the State of California, or an officer or employee of any law enforcement or fire protection agency acting in the course and scope of their official duties or employment, written records of the animal ser- vices department, and statements under penalty of perjury may be accepted as evidence that the fact(s) or condition(s) expressed therein do or do not exist. SECTION'V. Section 416-12.411 "Permit denial" is added to read: S416-12.411 Permit denial. Within seven (7) days after mail ng3�a notice t at a angerous animal permit has been denied, the owner or applicant may once only file with the Animal Services Director a written request for review of the denial deci- sion. Such request shall state all grounds for review and present In writing the evidence relied upon to support granting the per- mit. The Animal Services Director may further investigate the application and shall reconsider the application. The permit denial is rescinded pending reconsideration. Upon recon- sideration, changes in ownership of the animal or in the proposed location of the animal shall not be taken into account. The applicant for a dangerous animal permit at all times bears the burden of proof to justify a permit. ORDINANCE NO. 83-10 i SECTION VI: Section 416-12.416 "Permit revocation" is amended to read: 5416-12.416 Permit revocationDangerous animal permits are subject to revocation as provided in Article 416-6.4 except that the provisions of 5416-6:400(e) shall not be applicable. SECTION VII: Section 416-12.417 "Unpermitted dangerous animals" is added to read: 5416-12.417 Unpermitted dan Brous animals. In the event that within ten days after ma 1 ng not ee that r:n animal is declared to be a dangerous animal, an applicat`on for a dangerous animal permit is not received, and ten (10) days after mailing notice that a dangerous animal permit has been denied or revoked, the animal services director may dispose of any dangerous animal by humanely destroying it by infection. SECTION VIII: Section 416-12.420 "Dangerous animal at large" Is repealed, amended, and reenacted to read: 5416-12.420 Dangerous animal at large. Any dangerous animal found at large shall be destroyed, impounded, or impounded subject to destruction, at the discretion of the animal services director. SECTION IX: Urgency: This ordinnce is an urgency ordinance for t e immed ate preservation of the public peace, health, and safety, within the meaning of Government Code Section 25123 and Elections Code Section 3751, and the following is a declaration of the facts constituting the urgency and necessity requiring the immediate effectiveness of this ordinance: Contra Costa County Ordinance 80-97, which became effective April 1, 1981, was intended, inter alia, to protect the public from dangerous animals. It has become evident that the provisions of the ordinance respecting dangerous animals are Insufficient to protect the public in that no provision exists for the destruction of unpermitted dangerous animals and no provision exists for review of a decision to deny a dangerous animal permit. The ani- mal services department now has custody of two dangerous animals who cannot be disposed of or released under existing ordinance provisions. SECTION X. SEVERABILITY. This Board declares that, If the urgency nature o t s or nance is invalidated, it intends SECTIONS I through VIII, inclusive, to remain valid and effective and that it would has passed SECTIONS I through VIII, inclusive even without the urgency provisions. Therefore, the Board directs that this ordinance be treated and published, effective and opera- tive, as both an urgency and a non-urgency ordinance as provided In SECTION XI. SECTION XI. EFFECTIVE and OPERATIVE DATES. As an urgency ordinance, this ordinance becomes effective and operative imme- diately on introduction and passage. As a non-urgency ordinance, it becomes effective 30 days after passage (on second reading), and within 15 days of passage shall be published once with the names of supervisors voting for an against it in the CONTRA COSTA INDEPENDENT a newspaper published in this County. PASSED on ADril 19, 1983 by the following vote: AYES: Supervisors - Powers, Fanden. McPeak, Torlakson, Schroder. NOES: Supervisors - None. ABSENT: Supervisors - None. ATTEST: J. R. Olsson, County Clerk . 6 ex officio Clerk of the Board Dep- Diana M. Herman a0air -2- [SEAL] ORDINANCE NO. 83-10