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Avalon, California
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May 5, 2017     The Catalina Islander
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AN URGENCY ORDINANCE NO. U-1157-17 ORDINANCE OF THE CITY OF AVALON AMENDING CHAPTER 1 OF TITLE 6 OF THE MUNICIPAL CODE PERTAINING TO FOWLS, DOGS, AND OTHER ANIMALS TO ADD PROCEDURES TO IDENTIFY, SEIZE, AND DESTROY POTENTIALLY DANGEROUS AND VICIOUS DOGS AND CREATE A MANDATORY SPAY OR NEUTER PROGRAM FOR PIT BULLS Section 4. Avalon Municipal CodeSection 6-1.130 is hereby amended to read in its entirety as follows: "Section 6-1.130. Potentially Dangerous Dog; Vicious Dog. It shall be unlawful for any person to keep within the City a potentially dangerous dog or a vicious dog. (a) "Potentially dangerous dog" means any of the following: (1) Any dog which, when unprovoked, on two separate occasions within the prior 36-month I~eriod, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog. (2) Any dog which, when unprovoked, bItes a person causing a less severe injury than as defined in Section 31604 of the Food and Agricultural Code. (3) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has caused injury attacking a domestic animal off the property of the owner or keeper of the dog. (4) Any dog that has been deemed to be a potentially dangerous dog by another public entity. (b) "Vicious dog" means any of the following: (1) Has bitten or caused serious injury to a person or domestic animal without provocation. (2) Menaces or attempts to bite or attack any person without provocation. (3) Engages in an attack which requires defensive action by any person to prevent bodily injury when such person is acting in a peaceful and lawful manner. (4) Engages in or is found to have been trained to engage in exhibitions of fighting. (5) Any dog that has been deemed to be a vicious dog by another pub ic entity." Section 5. Avalon Municipal Code Section 6-1.132 is he'eby amended to read in its entirety as follows: "Section 6-1.132. Violations; Limitations on Subsequent Ownership. (a) Violations of Sections 6-1.109, 6-1.110, 6-1.111, 6-1.130, and 6-1.131 shall he punishable as an infractiol or misdemeanor. (b) Any violation of Sections 6-1.109, 6-1.110, 61.111, 6-1.130, and 6-1.131 involving a potentially dangerous og shall be punished by a fine not to exceed five hundred dollars (500). Any violations of sections 6-1.109, 6-1.110, 6-1.111,6-1130, and 6-1.131 involving a vicious dog shall be punished by a fin not to exceed one thousand dollars ($1,000). (b) In addition to the foregoing, any person who ms been convicted of a violation of Sections 6-1.109, 6-1.110, 6-1.111, 6-1.130, or 6-1.131, or who owns or has control of a dog which has been determined to be poten~atl~ clano~erous or vicious b~another public agency, a proceeding under section 6-1.134, or bye court to be vicious in proceedings brought under Section 31621 othe Food & Agricultural Code shall be prohibited from keeping any do within the City limits for a period of three (3) years, except that uponhe written request of the person so convicted, the court may, upon a~howing of good cause, set a shorter time period.', Sectmn 6. Avalon Municipal Code Section 6-1.134 is heeby added to read in its entirety as follows: "Section 6-1.134. Procedure for declaring dog potentiall! dangerous or vicious. WHEREAS, section 3t 683 of the Food and Agricultural Code sets forth a model regulatory scheme for the regulation of potentially dangerous and vicious dogs; WHEREAS, section 31683 of the Food and Agricultural Code also governments may adopt or enforce their own more restrictive programs to control potentially dangerous and vicious dogs; programs are not breed-specific; WHEREAS, section 122331 of the Health and Safety Code permits local governments to enact dog breed-specific ordinances pertaining to mandatory spay or neuter programs and breeding requirements; WHEREAS, Chapter 1 of litie 6 pertaining to fowls, dogs, and other animals does not currently address the identification, seizure, and destruction of potentially dangerous and vicious dogs; WHEREAS, Chapter 1 of Title 6 pertaining to fowls, dogs, and other animals does not currently address the spaying or neutering of pit bulls; WHEREAS, the City desires to adopt a procedure to identify, seize, and destroy potentially dangerous and vicious dogs and to adopt more stringent regulations regarding the transport of potentially dangerous and vicious dogs to prevent future attacks by dogs with a history of attacks; WHEREAS, the City desires to adopt a breed-specific mandatory spay or neuter program for pit bulls to decrease the proliferation of pit bulls generally; and WHEREAS, based on public input received and the recommendations of City Staff, the City Council finds that this ordinance must be adopted and take effect immediately to preserve the public peace, health and safety insofar as a number of residents and visitors to the City are concerned about injuries caused by potentially dangerous and vicious dogs. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS: Section 1. The recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this Ordinance. Section 2. Avalon Municipal Code Section 6-1.109 is hereby amended to read in its entirety as follows: "Section 6-1.109. Animals at Large. (a) Control of Animals. No person having the control of any fowl, dog, or other animal shall permit the same to stray, run, or be at large in or upon any public street or beach or other public place within the City or upon any private road or the premises of another wIthout the permission of the owner of such premises. Any fowl, dog, or other animal so found at large in any such place may be impounded as provided in this article. (b) Penalties. Any person who violates any provision of this section shall be deemed guilty of an infraction punishable by: (1) A fine not exceeding fifty dollars ($50.00) for a first violation; (2) A fine not exceeding one hundred dollars ($100.00) for a second violation within one (1) calendar year of the first violation; (3) A fine not exceeding two hundred dollars ($200.00) for each additional violation within one (1) year. (4) Penalties for violations involving a potentially dangerous " or vicious dog shall be assessed in accordance with section 6-1.132 for each violation." Section 3. Avalon Municipal Code Section 6-1.111 is hereby amended to read in its entirety as follows: "Section 6-1.111. Restricted Areas. (a) If an animal control officer or a law enforcement offic;r has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the nimal Control Officer or his or her immediate supervisor or the had of the local law enforcement agency, or his or her designee, mayequest an (a) Designated. Except as provided in subsection (b) of this administrative hearing regarding the dog's disposition. Th hearing section, but notwithstanding any other provisions of this shall be conducted in accordance with the procedures oulned in article, no person having the control, charge, or custody of Section 1-9.06(b)-(I) of the Avalon Municipal Code. The hering shall any fowl, dog, or other animal shall permit or allow the be conducted as an administrative appeal in accordance dth the same to be at any time in or upon the following procedures outlined in Section 1-9.06(b)-(I) of the Avalon lunicipal described areas: Code, despite the lack of an underlying citation. (1) All public beaches within the City; (b) This section shall not restrict the City's ability to petition the (2) Crescent Avenue at its intersection with Metropole Avenue superior court of Los Angeles County for a hearing regardi=g the dog's to its intersection with Clarissa Avenue; disposition in lieu of using the administrative hearing refeP.nced above (3) Sumner Avenue from its intersection with Crescent in (a)." Avenue to its intersection with Calle Del Section 7, Avalon Municipal Code Section 6-1.135 is heeby added Paseo; to read in its entirety as follows: (4) Catalina Avenue from its intersection with Calle Del Paseo "Section 6-1.135. Seizure and impoundment of potentialy dangerous to its intersection with Crescent Avenue; and or vicious dog. (5) Cabrillo Mole and Pleasure Pier. (a) ff upon investigation itis determined by the Animal C~ntrol Officer (b) Exception. The provisions of this section shall not limit or or law enforcement officer that probable cause exists to b,lieve the a dog or other animal across the public streets dog in question poses an immediate threat to public safety, then the and areas designated in this section at an intersection with another Animal Control Officer or law enforcement officer may seia and street provided the bringing of such dog or other animal into such impound the dog pending the hearings to be held pursuan to this inter-section is for the immediate and necessary purpose of using article. The owner or keeper of the dog shall be liable to t~ city or public or private transportation for such dog or other animal or to take county where the dog is impounded for the costs and expnses of such dog or other animal into a nonrestricted area. While transporting keeping the dog, if the dog is later adjudicated potentially langerous the dog or other animal, the owner or keeper shall comply with the or vicious. leash requirement set forth in section 6-1.110 of this Chapter and (b) When a dog has been impounded pursuant to subdivi;ion (a) shall also place a muzzle or other restrictive device over the mouth of and it is not contrary to public safety, the Animal Control 01icer shall the dog or animal being transported, permit the animal to be confined at the owner's expense in a City (c) Permit. The City Manager is hereby authorized to grant a approved kennel or veterinary facility." persons to bring animals on Crescent Street for a Section 8. Avalon Municipal Code Section 6-1.136 is hereby added limited period of time in connection with a special event or activity, to read in its entirety as follows: but such permit shall be conditioned to address animal waste, noise, "Section 6-1.136. Procedure for destruction of potentially dangerous property, pedestrian safety, and potential aggressive or vicious dogs. actions by the animals. The permit shall be subject to a fee set by resolution of the City Council." (a) A dog determined to be a vicious dog may be destroyed by the Animal Control Officer when it is found, after proceedings conducted under section 6-1.134 of this Chapter, that the release of the dog would create a significant threat to the public health, safety, and welfare. (b) If it is determined that a dog found to be vicious shall not be destroyed, the judicial authority shall impose conditions upon the ownership of the dog that protect the public health, safety, and welfare. (c) Any enclosure that is required pursuant to subdivision (b) shall meet the requirements of Section 31605 of the Food and Agricultural Code." Section 9, A new Section 6-1.141 is added to the Avalon Municipal Code to read as follows: "Section 6-1.141. Mandatory Spay and Neuter Program (a) The following breeds of dogs are "restricted dogs", and are subject to the mandatory spay and neutering requirements of this section: (1) Pit bulls, including any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog that exhibits physical characteristics which predominantly conform to the standards established by the American Kennel Club (AKC), United Kennel Club (UKC), or American Dog Breeders Association (ADBA) for any of the above breeds. (2) [Reserved.] (3) [Reserved.] (b) No person may own, keep, or harbor a restricted dog in violation of this section. An owner or keeper of an unaltered restricted dog must have the dog spayed or neutered or submit written proof to the City that one of the following exceptions applies: (1) The restricted dog is less than four (4) months of age; (2) The restricted dog cannot be spayed or neutered without a high likelihood of suffering serious bodily harm or death, which has been confirmed in writing by a licensed veterinarian. If applicable, the writing must also state the date by which the dog may be safely spayed or neutered; or (3) The owner or custodian has owned or taken custody of the dog within the past thirty (30) days." Section 10. A new Section 6-1.142 is added to the Avalon Municipal Code to read as follows: "Section 6-1.142. Statistical Reporting Requirements. Pursuant to Section 122331(b) of the Calitomia Health and Safety Code, the Animal Control Officer shall measure the effect of this chapter by compiling statistical information on dog bites. The information shall, at a minimum, identify dog bites by severity, the breed of the dog involved, whether the dog was altered, and whether the breed of dog was subject to the mandatory spay and neutering requirement of this chapter. The Animal Control Officer, shall submit these statistics on a quarterly basis to the State Public Health Veterinarian." Section 11. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decisions shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared, unconstitutional. Section 12. CEQA Exemption. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEOA") pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEOA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, the City Council finds that this Ordinance is exempt under CEOA pursuant to Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) of the CEQA Guidelines because this Ordinance will not cause a change in any of the physical conditions within the area affected by the Ordinance. Section 13. Certification. The City Clerk of the City of Avalon shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 2nd day of May, 2017, by the following vote: AYES: Counclimembers 01sen, Cassidy, Hernandez, and Sampson NAYS: Mayor Marshall ABSENT: None ABSTAIN: None ATTEST: Ann H. Marshall Mayor Denise A. Radde, City Clerk APPROVEDASTO FORM: Scott Campbell Best Best & Krieger, LLP ID #CC- 30 THE CATALINA ISLANDER Friday, April 28, 2017 ! 3,3