HomeMy WebLinkAbout1535 - ORDINANCES - 7/3/1996 ORDINANCE NO. 1535
AN ORDINANCE OF THE CITY OF PALM SPRINGS, C:ALIFORNIA,
ADDING CHAPTER 10.1E TO THE PALM SPRINGS MUNICIPAL
CODE, REGULATING DANGEROUS AND VICIOUS ANIMALS, AND
REPEALING SECTION 10.20.090 OF THE PALM SPRINGS
MUNICIPAL CODE, REGULATING THE IMPOUNDMENT OF
ANIMALS. ,
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN as follows:
SECTION 1. Chapter 10.18 is hereby added to the Palm Springs Municipal Code to read. as follows:
Chapter 10.18
DANGEROUS AND VICIOUS ANIMALS
Sections:
10.18.010 Dangerous animal defined.
10.18.020 Vicious animal defined.
10.18.030 Severe injury defined.
10.19.040 Determination of animal as dangerous.
10.18.050 Determination of animal as vicious.
10.18.060 Orders; notice; compliance.
10.18.070 Destruction; conditions.
10.18.080 Failure of owner or keeper to appear.
10.18.090 Death, sale, move, transfer, or permanent removal; notice.
10.18.100 Lapse of determination; determination not
to be dangerous '
10.18.110 Recovery of costs.
10.18.120 Violation.
10.18.130 Nonapplication of Chapter.
10.18.010 Dangerous animal defined. "Dangerous animal' means any of the
following:
(a) Any animal which, when unprovoked, bites a person causing a less severe
injury than as defined in Section 10.19.030.
(b) Any animal which, when unprovoked, has seriously bitten, inflicted injury,
or otherwise caused injury attacking a domestic animal. For the purposes of this Chapter a
domestic animal is any animal owned or kept by or under the control of any person.
(e) Any animal which, in the judgment of an animal control officer, by virtue
of its acts or disposition, has attacked or has the propensity to attack or bite any person or
animal without provocation.
10.18.020 Vicious animal defined. "Vicious animal' means any of the following:
(a) Any animal which, when unprovoked, in an aggressive manner, inflicts
severe injury on or kills a human being or animal.
(b) Any animal previously determined to be dangerous which, after its owner
or keeper has been notified of such determination, continues the behavior described in Section
10.18.010 or is maintained in violation of this Chapter or in violation of any order made
pursuant to this Chapter.
10.18 030 Severe injury defined. "Severe injury" means any physical injury that
results in broken bones, muscle tears, skin lacerations, or puncture wounds.
10.18.040 Determination of animal as dangerous.
(a) Whenever an animal suspected of being dangerous is reported to an animal
control officer, or is otherwise observed by an animal control officer, an animal control
officer shall investigate the circumstances, and, if it is found that such animal by reason of
MW89\014084-0009M,10946.8 .06112196 -1-
its acts or disposition constitutes a dangerous animal as defined in Section 10.18.010, such
animal shall be determined dangerous by such animal control officer.
(b) Whenever an animal is determined to be dangerous, the owner or keeper of
such animal shall be notified in writing, stating the facts and circumstances surrounding the
determination. Such notice shall specify the owner's or keeper's right to appeal the
determination and the time for appeal, which shall be prior to the effective date of the order,
and unless otherwise provided, shall be within ten days from the date of the order. Any
' appeal shall be filed with The City Clerk pursuant to Chapter 2.50 of this Code and shall be
heard by the Administrative Appeals Board pursuant to Chapter 2.50 of this Code. Such
hearing shall be held within no less than five calendar days nor more than forty-five calendar
days after the owner or keeper of the animal files such an appeal.
(c) Whenever an animal is determined to be dangerous,an animal control officer
shall order the owner or keeper of such animal to keep such animal within a substantial
enclosure, securely restrained, or such other type of control as an animal control officer may
deem suitable under the circumstances. Such restraints or enclosures shall be sufficient both
to keep the animal from escaping and to prevent access by the public. If suitable restraints
or enclosures are not immediately available, or if the owner or keeper of such animal fails
or refuses to demonstrate that such restraints or enclosures are available, such animal may
be impounded until such time that suitable restraints or enclosures are available. If
impounded, such animal shall not be released until the owner or keeper demonstrates, to the
satisfaction of an animal control officer, that such restraints or enclosures are in place as
ordered.
(d) If an animal determined to be dangerous is impounded due to the lack of
suitable restraints or enclosures, and the owner or keeper of such animal is unable or refuses
to comply with the order of the animal control officer to acquire or install suitable restraints
or enclosures within fourteen calendar days after notice of such order, the animal shall be
deemed abandoned or unclaimed, and subject to destruction, in a humane manner, by an
animal control officer, unless a hearing is requested. A timely request for a hearing
pursuant to (b) of this section shall suspend the fourteen-day period until the hearing body
hearing the appeal makes a determination and issues written findings. The owner or keeper
of the animal shall be liable for the costs and expenses of keeping the animal impounded.
' (e) The Administrative Appeals Board may determine, pursuant to Section
2.50.090 of this Code, that the animal is dangerous, and the Board may make other orders
authorized by this Chapter, including affirming any orders previously made by an animal
control officer.
10.18.050 Determination of animal as vicious.
(a) If an animal control officer has investigated and determined that there exists
probable cause to believe that an animal is vicious, such animal control officer, or his or her
supervisor or designee, shall request through the Office of the Chief of Police, a hearing
before the Chief of Police, or, if designated by the Chief of Police, a Police Captain, serving
as a hearing officer for the purpose of determining whether or not the animal in question
should be determined to be vicious. Pending a hearing on a determination of viciousness,
an animal suspected of being vicious may also be determined by an animal control officer to
be dangerous pursuant to Section 10.18.040 and dealt with accordingly.
(b) An animal control officer shall notify the owner or keeper of the animal that
a hearing will be held at which time the owner or the keeper of the animal, or his or her
representative, may present evidence as to why the animal should not be determined vicious.
The owner or keeper of the animal shall be served with notice of the hearing and a copy of
the request for the hearing, either personally or by first-class mail with return receipt
requested.
(c) Such hearing shall be held promptly within no less than five working days
nor more than fifteen working days after service of notice upon the owner or keeper of the
animal. Technical rules of evidence shall not apply, and the hearing officer may admit into
evidence all relevant evidence, including hearsay, incident reports, and the affidavits of
' witnesses.
(d) The hearing officer may determine, upon a preponderance of the evidence,
that the animal is vicious, and the hearing officer may make other orders authorized by this
Chapter.
(e) If, upon reasonable investigation under the circumstances, it is determined
by an animal control officer or a law enforcement officer that probable cause exists to believe
that the animal in question poses an immediate threat to public safety, either by virtue of the
animal's disposition alone or by virtue of the animal's disposition combined with inadequate
rMWW\014084- N2149946.9 .06/12196 -2-
restraints or enclosures, then an animal control officer or law enforcement officer may seize
and impound the animal pending the hearings to be held pursuant to this Chapter. The owner
or keeper of the animal shall be liable for the costs and expenses of keeping the animal
impounded.
(f) Within ten days following the date of the order of the hearing officer, the
owner or keeper of the animal may appeal the decision by filing a written appeal with the
City Clerk. Said appeal shall be heard by the Administrative Appeals Board pursuant to
Chapter 2.50 of this Code. ,
10.18.060 Orders; notice: comuliance.
(a) After a hearing conducted pursuant to Section 10.18.040 or Section
10.18.050,the owner or keeper of the animal shall be notified in writing of the determination
and orders issued, either personally or by first-class mail with return receipt requested.
(b) If a determination is made that the animal is dangerous or vicious the owner
or keeper shall comply with orders of the hearing officer, or the Administrative ,Appeals
Board, as the case may be, within the time period therein established.
(c) The determination of the hearing officer or Administrative Appeals Board,
where applicable, is final.
10.18.070 Destruction;_conditions.
(a) An animal determined to be vicious may be ordered destroyed if the return
of the animal to the owner or keeper would create a threat to the public health, safety, or
welfare. If so ordered, such animal shall be destroyed by an animal control officer in a
humane manner.
(b) If an animal determined to be vicious is not ordered destroyed, conditions
shall be imposed upon the ownership of the animal sufficient to protect the public health,
safety, and welfare.
(c) If an animal deternned to be vicious is not ordered destroyed, such animal
may not be sold, given, or transferred to another person without the express written consent
of the Palm Springs Animal Control Department.
10.18.080 Failure of owner or keener to appear. '
The hearing officer or Administrative Appeals Board may decide all issues for or
against the owner or keeper of the animal even if the owner or keeper, or his or her
representative, fails to appear at the hearing.
10 18.090 Death, sale, move, transfer, or permanent removal; notice.
(a) If an animal determined to be dangerous or vicious dies, the owner or keeper
of the animal shall notify in writing the Animal Control Department within two working
days.
(b) If an animal determined to be dangerous or vicious is to be sold, moved,
transferred, or permanently removed from the City, the owner or keeper of the anirnal shall
notify in writing the Animal Control Department of such pending change of condition thirty
days prior to such change. Such animal remains subject to any order previously made
pursuant to this Chapter, and the owner or keeper of such animal must demonstrate, to the
satisfaction of an animal control officer, that the animal will continue to be maintained in
suitable restraints or enclosures. If the owner or keeper of such animal fails to so
demonstrate, then an animal control officer may impound such animal if necessary to protect
the public health, safety, or welfare. Any animal so impounded shall be subject to the
procedures as outlined in Section 10.18.040(d).
10.18.100 Lapse of determination• determination not to be dangerous.
(a) If there are no additional instances of the behavior described in Section
10.18.010 within a five-year period from the date of determination that an animal is
dangerous, the original determination of dangerousness shall lapse. '
(b) The animal may, but is not required to be, determined not to be dangerous
prior to the expiration of the five-yeas period if the owner or keeper of the; animal
demonstrates to the Animal Control Department that changes in circumstances or measures
taken by the owner or keeper, such as training of the animal, have mitigated the risk to the
public safety. Compliance with measures ordered by an animal control officer, hearing
officer or Administative Appeals Board pursuant to this Chapter shall not be grounds for a
determination that an animal is not dangerous, and there shall be no right of appeal from an
animal control officer's denial of a determination that an animal is not dangerous.
P92\1199\014084-0009\2140946.1 .06112M6 -3-
01535
Page 4 Uq
(c) In no event and at no time shall an animal, once determined to be vicious,
be determined not to be vicious.
10.18.110 Recovery of costs. The City, through the order of an animal control
officer, the hearing office or Administrative Appeals Board shall have the authority to
recover from the owner or keeper of an animal determined to be dangerous or vicious the
following costs to reimburse the City for its actual expenses:
' (a) The costs and expenses of keeping an animal impounded.
(b) The costs and expenses of destroying an animal.
(c) The costs and expenses of conducting all hearings and proceedings hereunder
provided that, should the hearing officer rule in favor of the owner or keeper of an animal,
then no costs and expenses of conducting all hearings and proceedings shall be reimbursable
to the City.
10.18.120 Violation. Any violation of any provision of this Chapter, or of any
order of an animal control officer, a law enforcement officer, a hearing officer or the
Administrative Appeals Board made pursuant to this Chapter, is a misdemeanor.
10.19.130 Nonapplication of Chanter. This Chapter does not apply to animal
control facilities or animals utilized by any police department in the performance of police
work.
SECTION 2. Section 10.20.090 of the Palm Springs Municipal Code is hereby repealed.
SECTION 3. EFFECTIVE DATE. Due to the pressing nature and importance of maintaining the public
health, safety, and welfare, this ordinance shall be in full force and effect immediately upon passage.
SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of
this Ordinance, and to cause the same or a summary thereof or a display advertisement, duly prepared
according to law, to be published in accordance with law.
ADOPTED the 3rd day of Jul Y 1996.
AYES: Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIF IA
BY ,l � � '1 L �,', 6VD
City Clerk Mayor
REVIEWED & APPROVED:
' I HEREBY CERTIFY that the foregoing Ordinance 1535 was duly adopted
by the City Council of the City of Palm Springs, California, in a
meeting held on the 3rd day of July, 1996, and that same was duly
published in the DESER SUN, a newspaper of general circulation on
June 27 and July 9, 1996.
UDITH SUMICH
City Clerk
rs W9\014084-00WM40946.9 m06112196 -4-