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CC RES 1998-001 RESOLUTION NO. 98-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DENYING THE APPEAL OF A VICIOUS DOG DETERMINATION REGARDING "CINDER"A DOG KEPT AT 76 ROCKINGHORSE ROAD AND ORDERING THAT THE ANIMAL BE PERMANENTLY REMOVED FROM THE CITY. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. On November 19, 1997, the City Manager designee, the Assistant to the City Manager, conducted a Dangerous Dog hearing at City Hall pursuant to Rancho Palos Verdes Municipal Code Section 6.32.050. Proper written notice of the hearing was provided as required by the Code to the dog's owner. Notices were personally served to Mr. Canter at his place of employment and delivered and mailed to his residence. Section 2., Appearing as witnesses and testifying at the hearing on November 19, 1997 were Donald Dvorin, bite victim and Officer Chuck Mauri on behalf of the Society for the Prevention of Cruelty of Animals ("SPCA"). Martin Canter did not appear at the hearing. The evidence presented at the hearing showed that the dog was the subject of two previous dog hearings on April 29, 1996 and May 12, 1997 with determinations that the dog was potentially dangerous and vicious, respectively. Section 3., By letter dated November 20, 1997, based upon the evidence presented at the hearing, the Hearing Officer determined the dog to be "vicious" and ordered the dog to be removed from the City limits By letter dated November 29, 1997, Mr. Canter appealed that decision in writing to the City Council. The appeal letter stated that he was unable to prepare for the November 19, 1997 hearing which he failed to attend and that he had discovered new information relevant to his case. Section 4.' Written notice of the appeal hearing was sent to Mr. Canter's residence and place of employment by registered mail on December 17, 1997. On December 19, 1997 another notice along with a copy of the staff report was sent by registered mail to Mr. Canter's residence. The notice addressed to Mr. Canter's place of employment was returned with an explanation that it had been refused. The two notices sent to Mr. Canter's home address were not returned. Staff did not receive any communication from Mr. Canter prior to the appeal hearing besides his written appeal. For the record, City Manager Paul Bussey testified that the notice of the appeal hearing clearly stated the day of week, date, time and place for the appeal hearing. Section 5. The City Council held a properly noticed appeal hearing on January 6, 1998 at 6:00 p.m. The record of that hearing indicates the following: 1. Appearing as witnesses and testifying at the hearing were Donald Dvorin, bite victim and Martha Van Liere. Also present was Officer Chuck Mauri, with the Society for the Resolution No. 98-01 Prevention of Cruelty of Animals ("SPCA"). Martin Canter the appellant and dog owner did not appear at the hearing. 2. The evidence reported is that the dog, Cinder which is kept at 76 Rockinghorse Road in the City of Rancho Palos Verdes, has attacked four different individuals on separate occasions within the last two years. Of the four incidents, Cinder bit two individuals, who sustained injuries and required medical treatment. Also within this timeframe, the dog has been determined to be "potentially dangerous" and "vicious" as a result of two dog hearings conducted on April 29, 1996 and May 12, 1997, respectively. Additional violations were recorded by the SPCA since 1995, involving Mr. Canter's dog running at large unleashed and not being licensed. 3. Donald Dvorin testified that on October 9, 1997, Cinder and another dog ran from 76 Rockinghorse Road and attacked him, while he was walking his dog along the opposite side of the street. Mr. Dvorin's testimony indicated that the dogs were unleashed and unattended as they ran from Mr. Canter's property. Mr. Dvorin sustained a bite on the back of his head and another bite to his forearm. After the attack, Mr. Dvorin observed the dogs immediately return to Mr. Canter's residence and settle down. Mr. Dvorin described both dogs as being aggressive, initiators of the attack. Mr. Dvorin stated neither he nor his dog provoked the attack. 4. Martha Van Liere testified that prior to 1996, she experienced being chased by Cinder at least six times while walking near Mr. Canter's residence and was forced to take refuge at neighboring residences for protection. Martha Van Liere's testimony indicated that Cinder was unleashed and unattended when the chases occurred. For the record, Ms. Van Liere read a written statement from Kristen Altar that described an attack by Cinder while Ms. Altar and her daughter were walking along Rockinghorse Road in November, 1995. Ms. Altar's written testimony indicated that the dog had threatened them and came very close several times to biting them. 5. Two additional written statements were submitted for the record from Marie Treacy and Sherry Ammons describing their experiences with Cinder. Ms. Treacy was a bite victim, who suffered injuries to her upper thigh on April 8, 1996 while walking on Rockinghorse Road. Ms. Treacy's testimony demonstrated that Cinder aggressively attacked her and Cinder continued to bark ferociously and bare her teeth. On April 19, 1997 Ms. Ammons was attacked by Cinder while getting out of her car in her driveway. Ms. Ammons' testimony indicated that Cinder has been observed to be running at large several times during the past year and poses a serious threat to public safety. There was no evidence or testimony that either Ms. Treacy or Ms. Ammons had made any aggressive moves toward the dog to provoke any of the incidents. 6. Officer Chuck Mauri with the SPCA described the physical description of the two dogs owned by Mr. Canter. Cinder was reported to be a black Labrador weighing 40-50 pounds, six years in age and the more aggressive of the two dogs. The other dog, named Buster, is a Rottweiler, weighing approximately 80 pounds. Officer Mauri testified that the fencing of Mr. Canter's back yard was last inspected for security on May 27, 1997 and found to be secured. Mr. Canter was ordered to install proper fencing and repair it after inspections by the SPCA and City observed non-compliance. Despite the installation of the fencing, the dogs were not kept in a manner to prevent them from running loose in the neighborhood. Officer Mauri stated Cinder was not present on Mr. Canter's property when he inspected the property in December. 2 Resolution No. 98-01 Section 6. Briefly summarized is the history of events to date: 1. Since February 15, 1995, Mr. Canter has received several notices from the SPCA of violations involving his dogs, including Cinder, of running at large, unlicensed, and excessive barking. 2. On November 12, 1995, Cinder attacked, but did not bite, Kristen Altar and her daughter, while they were walking on the opposite side of Rockinghorse Road. 3. On at least six different occasions prior to 1996, Cinder chased Martha Van Liere, during Ms. Van Liere's walks in the neighborhood. To protect herself form being attacked, Ms. Van Liere sought refuge at neighbors' residences. 4. On April 8, 1996, Cinder attacked and bit Marie Treacy on her upper thigh while she was walking along Rockinghorse Road. Ms. Treacy sustained injuries and required medical treatment. 5. On April 29, 1996, staff conducted a dangerous dog hearing. Cinder was determined to be "potentially dangerous" and Mr. Canter was ordered to maintain Cinder in an appropriate manner as established by the municipal code, as set forth in the decision. 6. On April 19, 1997, Sherry Ammons was attacked by Cinder while she was getting out of the car in her driveway. Ms. Ammons had to aggressively defend herself form being bitten by Cinder. 7. On May 12, 1997, staff conducted a second dangerous dog hearing. Cinder was determined to be "vicious" and Mr. Canter was ordered to comply with the conditions of the previous determination on a continual basis. Specific orders to repair the gate and install a fence within a limited time period were also included. 8. On October 9, 1997, Cinder and the other dog owned by Mr. Canter attacked and bit Donald Dvorin while Mr. Dvorin was walking with his dog along Rockinghorse Road. Mr. Dvorin sustained bite injuries to his forearm and the back of his head. 9. On November 19, 1997, the third staff administered dog hearing was held with a "vicious" dog determination and order that the dog be removed from the City limits. This evidence indicates that the dog owner, Martin Canter does not appreciate the seriousness of the dog's behavior nor the significance of ensuring that his dogs are properly secured within his property or leashed and accompanied by a competent person when off his property. After numerous inspections of Mr. Canter's property and orders to comply with the municipal code, Mr. Canter has continued to allow Cinder to run loose in the neighborhood. The City Council determined at the January 6, 1998, hearing the dog's historical behavior coupled with Mr. Canter's •irresponsibility as a pet-owner have endangered the safety of the public. Section 7. Based upon the evidence presented, City Council hereby finds that, pursuant to the Rancho Palos Verdes Municipal Code Section 6.08.050, Cinder is vicious, dangerous or apt to bite or injure any person, and that the dog is kept in a manner that constitutes a menace or threat to any person lawfully walking in the immediate area adjacent to 76 Rockinghorse Road, due to negligent pet ownership by Mr. Canter and Cinder's history of 3 Resolution No. 98-01 behavior. Based upon that finding, the City Council denies the Mr. Canter's appeal and upholds the Hearing Officer's determination and order. The dog must be permanently removed from the City limits. The SPCA is hereby ordered to inspect the property at 76 Rockinghorse Road periodically to verify compliance. If the dog is discovered to be within the City limits, the SPCA is hereby ordered to immediately impound the dog, and to dispose of the dog in its discretion including, if necessary, by euthanasia. Section 8. The owner of the dog has five days from the receipt of this resolution to file an appeal of the City Council's decision to the municipal court, pursuant to Rancho Palos Verdes Municipal Code Section 6.32.100. PASSED, APPROVED, ADOPTED this 20th day of January, 1998. Mayor ATTEST: /19 City Clerk St- e of California ) County of Los Angeles )ss City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes hereby certify that the above Resolution No. 98-01 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on January 20, 1998. 41 a f JAW" City Clerk A:\98-01.RES 4 Resolution No. 98-01