ORD 308 ORDINANCE NO. 308
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE BY
ADDING CHAPTER 6.32 RELATING TO POTENTIALLY DANGEROUS
AND VICIOUS DOGS AND AMENDING CHAPTER 6.12 RELATING TO
THE TERM OF DOG LICENSES
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES ORDAIN AS FOLLOWS:
Section 1. Section 6.08.150 of the Rancho Palos
Verdes is hereby repealed.
Section 2. Title 6 of the Rancho Palos Verdes
Municipal Code is amended by adding a new Chapter 6.32 to read:
"Chapter 6.32
Dogs and Other Dangerous Animals
6.32 . 010 Definitions. Unless specifically defined in
this Chapter, the terms used herein shall be defined as in
Chapter 9 (Commencing with Section 31601) of Division 14 of the
California Food and Agriculture Code, as the same may be amended
from time to time. As used in this Chapter, the following terms
are used as defined below unless it is apparent from the context
that a different meaning is intended.
A. "Potentially dangerous dog" means any of the
following:
(1) Any dog which, when unprovoked, on two separate
occasions within the prior 36-month period, i
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.
(b) Any dog injury"when unprovoked, bites a person
causing a less than "severe njury" as defined in this Chapter.
(c) Any dog which, when unprovoked, on two separate
occasions within the prior 36-month period, has killed, seriously
bitten, inflicted injury, or otherwise caused injury by attacking
a domestic animal off the property of the owner or keeper of the
dog.
B. "Vicious dog" means any of the following:
(1) Any dog seized under Section 599aa of the
California Penal Code and upon the sustaining of a conviction of
the owner or keeper under subdivision (a) of Section 597.5 of the
California Penal Code.
(2) Any dog which, when unprovoked, in an aggressive
manner, inflicts severe injury on or kills a human being.
(3) Any dog previously determined to be and currently
listed as a potentially dangerous dog which( after its owner or
keeper has been notified of this determination continues the
behavior described in subsection A of this Section or is
otherwise maintained in violation of this Chapter.
C. "Severe injury" means any physical injury to a
human being that results in muscle tears or disfiguring
lacerations or requires multiple sutures or corrective or
cosmetic surgery.
6. 32 . 020 Keeping of a Potentially
a svhaicll i oukes e o,g hwa ,Dan ero us or
Vicious
D gerNs pdr n r rhr in ho tyy p tin ly
accordance with the provisions of this Title.
6. 32 . 030 Seizure and Impoundment Pending Hearing.
A. If upon investigation it is determined by the
Director his or her employees, any other duly designated
representative of the City, or any law enforcement officer that
probable cause exists to believe a particular dog poses an
immediate threat to public safety, then such person shall have
the authority to summarily and immediately seize and impound that
dog pending he hearings required by this Chapter. The owner or
keeper of the dog shall be liable to the City for the costs and
expenses of keeping the dog if the dog is later found to be
potentially dangerous or vicious.
B. Any of such officials may enter and inspect
private property to enforce the provisions of this Chapter.
C. Any person keeping or harboring a dog to be
impounded who fails to surrender such dog to the impounding
official upon demand shall be guilty of a misdemeanor.
D. If such dog cannot be safely taken up and
impounded, it may be slain forthwith by such officials if
absolutely necessary to protect the public safety.
6.32 . 040 Alternative Confinement. In lieu of
impoundment, if the Director finds that it would not be contrary
to public safety, the Director may permit the dog to be confine
at the owner's or keeper's expense in an approved dog kennel or
veterinary facility or at the owner's or keeper's residence,
provided that the owner or custodian shall not remove the dog
from the kennel, veterinary facility or residence without the
prior written approval of he Director and shall make the dog
available for observation and inspection by the Director.
6. 32 . 050 Dan•erous Do. Hearin. . As soon as is
reasonably posse• e a er a .og or o er animal has been
impounded or confined,pursuant to this Chapter, a hearing before
the City Manager or his or her designee shall be conducted to
determine whether the dog is a potentially dangerous or vicious
animal. The owner or custodian of the dog or the person to whom
the license was issued shall be notified either.personally or by
registered mail of the hearing at least forty-eight (48) hours
prior to the time of the hearing. The notice shall state in
clear and concise language the purpose and reason for the
hearing, and the time an place where the hearing is to be held.
The City Manager or his or her designee may continue the hearing
from time to time upon good cause being shown.
6. 32 . 060 Evidence Presented at Hearin. . The hearing
shall be con.ucte. in an in orma manner. The ormal rules of
950215 R6876-00001 cas 1201056 - 2 -
kf
evidence shall not apply to such hearing. At the hearing, the
owner of the dog the complainant or complainants, if any and
the Director shall be given the opportunity to present evidence,
and call and cross-examine witnesses. In making a determination
that a dog is or is not potentially dangerous or vicious,
evidence of the following shall be considered:
A. Any previous determination in the Cit or any
other jurisdiction in the preceding 36 months that the dog was or
was not potentially dangerous or vicious;
B. Any previous history of the dog attacking, biting
or causing injury to a person or other domestic or farm animal;
C. The nature and extent of the injuries inflicted
and the number of victims involved;
D. The nature of any defensive action required to be
taken by the person or persons allegedly attacked by the dog;
E. The place where the bite, attack or injury
occurred;
F. The presence or absence of any provocation for the
bite, attack or injury;
G. The extent to which property including, without
limitation, the alleged victim's clothing, was damaged or
destroyed;
H.
Whether the dog exhibits any characteristics of
being trained for fighting or attack or other evidence to show
such training or fighting;
I. Whether the dog exhibits characteristics of
aggressive or unpredictable temperament or behavior in the
presence of human beings or dogs or other animals;
J. The manner in which the dog had been maintained by
its owner or custodian;
K. Any other relevant evidence concerning the
maintenance of the dog;
L. Any other relevant evidence regarding the ability
of the owner or keeper or the City government to protect the
public safety in the future if the dog is permitted to remain in
the City.
6. 32.070 Findings and Determination. The City
Manager or his or her designee shall issue a written
determination supported by evidentiary findings within five (5)
days of the conclusion of the hearing.
II/ A. If the City Manager finds that the Director has
made the showing required to establish that the dog is
potentially dangerous, he or she shall order:
(1) That the dog be designated in the City's licensing
records as a potentially dangerous dog. The Department may
charge an additional potentially dangerous dog fee as established
by Resolution of the City Council in addition to the regular dog
i
licensing fee to provide for the increased costs of maintaining
the records of a potentially dangerous dog.
950215 R6876-00001 cas 1201056 - 3 - ORD. NO. 308
(2) That the potentially dangerous dog be confined,
while on the owner's or keeper's property, indoors or in a
securely fenced outdoor area from which the dog cannot escape and
into which children potentially trespass. A otentially dangerous dog
may be off the premises of the owner or keeper only if it is
restrained by a substantial leash( of appropriate length, and it
is under the control of a responsible adult.
(3) That the owner or keeper of a potentially
dangerous dog display on the premises where the dog is kept a
sign or signs, visible and capable of being read from the
adjacent streets or thoroughfares, warning that there is a
dangerous animal on the premises. This sign or another
conspicuous sign on the owner's or keeper's premises shall
display a warning symbol that will inform a young child of the
presence of a dangerous animal.
(4) That the owner or keeper of a potentially
dangerous dog pay to the City a fine not to exceed five hundred
dollars ($500) .
B. If the City Manager finds that the Director has
made the showing required to establish that the dog is vicious he
or she may order any of the following:
(1) That the dog which has not been impounded be
surrendered immediately to the animal control department.
(2) That the dog be destroyed forthwith by the animal
control department, provided that the City Manager or his or her
designee shall also have found that release of the dog would
create a significant threat to the public health, safety, and
welfare.
(3) That the dog or other animal be removed from the
City by the owner immediately and directly upon its release from
impoundment or confinement.
(4) That the dog be returned to, or allowed to remain
in, the custody of the owner or keeper, upon such terms and
conditions as will protect the public health, safety, and
welfare.
(5) That the dog be impounded by the animal control
department immediately upon the violation of any term and/or
imposed m osed pursuant to this subsection. If the dog is so
impounded, the City Manager or his or her designee shall hold a
hearing pursuant to this Chapter to determine whether the vicious
dog should be destroyed, or the terms and conditions of release
modified.
(6) That the owner or keeper of a dog determined to be
vicious pursuant to this Chapter shall be prohibited from owning,
possessing, controlling, or having custody of any do , for a
period of up to three years, if the City anager,or his or her
designee determines after a hearing that thateownership or possession
of a dog by that person would create a significant threat to the
public health, safety, and welfare.
(7) That the owner or keeper of a dog determined to
vicious pursuant to this Chapter pay to the City a fine not to
exceed one thousand dollars ($1,000) .
6. 32.080 Return of Impounded Animal. A dog impounded
pursuant to this Chapter shall be returned to the owner or
custodian if the City Manager or his or her designee determines
950215 R6876-00001 cas 1201056 - 4 - ORD. NO. 308
that the Director failed to make the showing that the dog is
potentially dangerous or vicious.
6.32.090 Disposition of Abandoned Animal. Any dog
which has previously been impounded or otherwise confined
pursuant to this Chapter and which has not been claimed within
five (5) calendar days of service of a notice of the City
Manager's determination shall be deemed abandoned and shall be
disposed of by the Director in accordance with applicable law.
6. 32. 100 Appeals,.
A. The determination of the City Manager or his or
her designee that a dog is or is not potentially dangerous or
vicious pursuant to this Chapter, and/or any other order made
after a hearing, ay be appealed by any interested person to the
City Council within five (5) days of the receipt of the notice of
determination.
B. The determination by the City Council of the
appeal pursuant to Subsection "A" may be appealed by any
interested person to the Municipal Court of competent
jurisdiction within five (5) days of receipt of the notice of
determination, pursuant to oodand Agriculture Code Section
31622. The decision of the Municipal Court on appeal shall be
final and conclusive as to all parties.
6.32 . 110 Failure of owner or keeper to appear. The
City Manager or his or her designee or the court hearing the
issues peal may decide all ssues for or against the owner or keeper
of the dog even if the owner or keeper fails to appear at the
hearing.
6. 32. 120 Enforcement. Any violation of this Chapter
shall be punished pursuant to Section 1.08.010 of this Code. "
Section 3. Section 6.12.040 of Chapter 6.32 of Title 6
of the Rancho Palos Verdes Municipal Code is amended in its
entirety to read:
"6. 12.040 Term. Each license and each dog license tag
provided for in this Chapter for a dog which has been honorably
discharged from the armed forces of the United States, and for a
dog owned by a person who submits proof to the Director that such
dog has been successfully trained as a guide dog, signal dog or
service dog and is guide dog, signal dog or
service dog shall be of indefinite duration so long as the same
individual owns or harbors the same dog. Every other license and
license tag provided in this chapter shall be annual, expiring on
June 30th of each year. "
Section 4. The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be published as
required by law.
PASSED, APPROVED and ADOPTED this 2nd day of
May , 1995.
950215 R6876-00001 cas 1201056 - 5 - ORD. NO. 308
a
6R
A EST
lit
/Or
' `,r L
C T CLERK
S TE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF RANCHO PALOS VERDES
I, JO PURCELL, City Clerk of the City of Rancho Palos
Verdes do hereby certify that the whole number of members of the
City is four; that the foregoing Ordinance No. 308 passed first
reading on April 18, 1995, was duly and regularly adopted by the
City Council of said City at a regular meeting thereof held on
May 2, 1995 and that the same was passed and adopted by the
following roll call vote:
AYES: McTAGGART, BROOKS AND MAYOR BYRD
NOES: NONE
ABSENT: LYON
ABSTAIN: NONE
Al
A-L...a?
ix CLERK ...
950215 R6876-00001 cas 1201056 - 6 - ORD. NO. 308
ORDINANCE/RESOLUTION NO.ORD. 3 0* FILE:
SUBJECT: ��ME DING THE RANCHO PALOS T . 111 IPAL . A
D x
� BY DD1Nt1
CHAPTER 6. 32 RELATING TO POTENTIALLY- DANGEROUS AND VICIOUS DOGS
AND A ° 1p . . - - - 1 - - -- - - - - - -
INTRODUCED: 4/18/95 ADOPTED 5/2/95 !p.=SRED 5/8/95
ORDINANCE AND RESOLUTION DISTRIBUTION:
CITY ATTORNEY PUBLIC WORKS DEPARTMENT
RICHARDS, WATSON & GERSHON PLANNING, BLDG. CODE ENFORCEMENT
333 SOUTH HOPE ST. , 38TH FLOOR RECREATION & PARKS DEPARTMENT
LOS ANGELES, CA 90071 CITY MANAGER DEPARTMENT 51��
.,6
F INANCE DEPARTMENT
7 BOOK PUBLISHING COMPANY 61105' - SCHOOL
201 WESTLAKE AVENUE NORTH HOMEOWNERS ASSOCIATION
SEATTLE, WA 98109 APPLICANT
REGISTRAR SOUTH BAY MUNICIPAL COURT
2400 E. IMPERIAL HIGHWAY 825 SOUTH MAPLE AVE.
NORWALK, CA 90651-1024 TORRANCE, CA 90503
ATTN: MARGARET MILLER.
ELECTIONS ADM. LEAGUE OF CALIFORNIA CITIES
702 HILTON CENTER
(s VACATIONS/EASEMENT/ LOS ANGELES, CA 90017
ABANDONMENTS/NAME CHANGES/
DEDICATIONS/TRAILS) L.A. COUNTY DEPT. OF
PUBLIC WORKS/
PUBLIC ROADS
ATTN: CITY SERVICES
L.A. COUNTY REGISTRAR-RECORDER P.O. BOX 1460
12400 E. IMPERIAL HIGHWAY ALHAMBRA, CA 91802-1460
NORWALK, CA 90651-1024
SPCA
L.A. COUNTY ASSESSOR 5026 WEST
500 WEST STREET JEFFERSON BLVD.
LOS ANGELES, CA 90717
LOS ANGELES. CA 90012
(OWNERSHIP, EXEMPTION & MAPPING DIV) STATION COMMANDER
26123 NARBONNE AVENUE
SO. CALIFORNIA GAS COMPANY LOMITA, CA 90717
BOX 2815
TORRANCE, CA 90509-2815 DIMENSION CABLE
43 PENINSULA
SO. CALIFORNIA EDISON COMPANY OLLING HILLS EST.
P.O. BOX 2944 CA 90274
TORRANCE, CA 90509 INSTITUTE OF GOVERNMENTAL STUDIES 1 f6
LIBRARY, 109 MOSES HALL
CALIFORNIA WATER SERVICE COMPANY UNIVERSITY OF CALIFORNIA
5837 CREST ROAD WEST BERKELEY, CA 94720
RANCHO •PALOS DES, CA 90274
-'
qa'/,f3"PoSTED AT THE FOLLOWING LOCATIONS:G E ERAL TPHONE COMPANY 1. City hall 2. L a dera Linda.ORNE BLVD.
TORRANCE, CA 90505 3. R.P.V. Park. 4. Hesse Park
5. L.A. County Fire Station, 4000
PACIFIC TELEPHONE COMPANY Miraleste Plaza 6. U.S. Post Office
19310 GATEWAY DRIVE, ROOM 208 28649 Western Ave.
TORRANCE, CA 90502
•
CONTROL.SHT