ORD 482ORDINANCE NO. 482
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING THE LA
QUINTA MUNICIPAL CODE TO IMPOSE HIGHER
PENALTIES FOR INFRACTIONS AND MISDEMEANORS IN
GENERAL, AND ADDING A NEW SECTION RELATING TO
ANIMAL BITES
WHEREAS, animal bites pose a potential threat to public health, safety, and
general welfare; and
WHEREAS, the City finds that in order to help prevent animal bites from
occurring, it is necessary to impose stricter penalties on the owners of animals that
bite; and
WHEREAS, the City further wishes to increase the maximum fine amounts
for general infractions and misdemeanors to bring those fines into line with the
maximum penalties allowed under state law.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. Chapter 1.01 of Title 1 of the La Quinta Municipal Code is hereby
amended by revising Section 1.01.220 and Section 1.01.230 thereof as shown in
Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 2. Chapter 10.16 of Title 10 of the La Quinta Municipal Code is hereby
amended by revising Section 10.16.090 thereof as shown in Exhibit B, attached
hereto and incorporated herein by this reference.
SECTION 3. Chapter 10.28 of Title 10 of the La Quinta Municipal Code is hereby
amended by revising Section 10.28.010 thereof as shown in Exhibit C, attached
hereto and incorporated herein by this reference.
SECTION 4. EFFECTIVE DATE: This Ordinance shall become effective and be in
full force and effect thirty (30) days after its adoption. .
SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof
of posting to be entered into the Book of Ordinances of the City of La Quinta.
Ordinance No. 482
Amending Title 1 and 10
Animal Bite Penalties
Adopted: July 6, 2010
Page 2
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta
City Council held this 61h day of July 2010, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
C+V w
DON AD LPH, a or
City of La Quint , California
ATTEST:
G
VERONICA VMONTECINO, CMC, City Clerk
City of La_ uinta,'California
(CITY --SEAL) j °e
APPROVED AS TO FORM:
M. KATHERINE .I NSON, City A
City of La Quinta, California
Ordinance No. 482
Amending Title 1 and 10
Animal Bite Penalties
Adopted: July 6, 2010
Page 3
EXHIBIT A
Amendments to La Quinta Municipal Code Chapter 1.01
1.01.220 Establishment of offenses as infractions.
Any violation expressly declared to be punishable, in the discretion of the court, by
either a fine, or by a fine or imprisonment, or both, shall become an infraction for
all purposes under any of the following circumstances:
A. Where a judgment imposes a punishment of a fine not exceeding one hundred
dollars in the case of a first offense; or
B. When the court grants probation to a defendant without the imposition of a
sentence and, at the time of granting probation, or on application of the
defendant or probation officer thereafter, the court declares the offense to be an
infraction; or
C. When the city attorney or any deputy district attorney files in a court having
jurisdiction over misdemeanor offenses a complaint specifying that the offense
is an infraction.
1.01.230 Punishments.
A. Any person convicted of a misdemeanor under the provisions of this code shall
be punishable by a fine of not more than one thousand dollars, or by
imprisonment in the county jail for a period not exceeding six months, or by
both such fine and imprisonment.
B. Any person convicted of an infraction under the provisions of this code shall be
punishable for a first conviction by a fine of not more than one hundred dollars,
for a second conviction within a period of one year by a fine of not more than
two hundred dollars, and for a third or any subsequent conviction within a
period of one year by a fine of not more than five hundred dollars.
Ordinance No. 482
Amending Title 1 and 10
Animal Bite Penalties
Adopted: July 6, 2010
Page 4
EXHIBIT B
Amendments to La Quinta Municipal Code Chapter 10.16
10.16.090 Animal bite unlawful.
A. Biting animal defined. For purposes of this Section, an animal bite shall be
considered to have occurred when any animal bites any person in the City,
provided, however, that the bite will not be subject to this Section if: (1) the
person bitten was provoking the animal at the time of the bite; (2) the person
bitten was engaged in an unlawful activity at the time of the bite; (3) the animal
was within a fenced or otherwise enclosed area at the time of the bite; (4) the
animal was on a leash meeting the requirements of Section 10.28.010 at the
time of the bite; or (5) the person bitten is performing services at a veterinary
facility at the time of the bite. For the purposes of this Section, the records of
animal bites kept by the City shall be deemed official records and shall establish
a rebuttal presumption of the number of bites recorded against a particular
animal.
B. First offense. If an animal is reported to and determined by the City to have
bitten any person, the owner or guardian of said animal shall be guilty of an
infraction punishable by a fine as provided in Section 1.01.220 of this Code.
Upon investigating and verifying a complaint of an animal bite, an animal control
officer shall issue a citation to the owner or guardian of said animal. This
citation shall be in addition to any action the animal control officer may deem
appropriate pursuant to Section 10.20.090 of this Title.
C. Subsequent offense. If an animal is reported to and determined by the City to
have bitten any person after a first offense citation has been issued, or the
animal has previously been adjudged to be dangerous or vicious as provided in
Section 10.20.090 of this Title and bites any person subsequent to that
adjudication, the owner or guardian of said animal shall be guilty of a
misdemeanor punishable by a fine of not more than $1,000 or by imprisonment
in the County Jail for a period of not more than six months, or by both such fine
and imprisonment. Upon investigating and verifying a complaint of a second
animal bite or any animal bite by a dangerous or vicious animal, an animal
control officer shall issue a citation to the owner or guardian of said animal.
This citation shall be in addition to any action the animal control officer may
deem appropriate pursuant to Section 10.20.090 of this Title.
Ordinance No. 482
Amending Title 1 and 10
Animal Bite Penalties
Adopted: July 6, 2010
Page 5
D. The owner of any animal which has bitten, attacked, or shown the disposition,
tendency, or propensity to attack, bite, or otherwise cause injury or attempt to
cause injury to a person engaged in lawful activity who causes or allows such
animal to be at large shall be guilty of a misdemeanor punishable by a fine of
not more than $1,000 or by imprisonment in the County Jail for a period of not
more than six months, or by both such fine and imprisonment.
Ordinance No. 482
Amending Title 1 and 10
Animal Bite Penalties
Adopted: July 6, 2010
Page 6
EXHIBIT C
Amendments to La Quinta Municipal Code Chapter 10.28
10.28.010 Dogs running at large.
A. No owner or keeper of a dog shall allow or permit the dog, whether licensed or
unlicensed, to be or run at large in or upon any public place or premises, or in or
upon any unenclosed private place or premises, or in or upon any enclosed
private place or premises other than those of the owner or keeper except with
consent of the person in charge of the private place or premises where the dog
is found, unless the dog is securely restrained by a substantial leash not
exceeding twelve feet in length and is in charge and control of a person
competent to keep the dog under effective control. No lead, leash, tether, or
chain used to secure a dog on private property shall extend into the right-of-
way. Voice control, electronic control, eye control or signal control shall not be
considered adequate restraint. If any dog at large bites any person, the owner
or guardian of such dog shall be deemed guilty of an infraction or a
misdemeanor as provided in Section 10.16.090.
B. Any animal found at large three times or more during any twenty-four month
period shall be deemed a public nuisance. Such animal, upon impoundment, will
be held until the owner provides secure containment for the animal and
satisfactory proof of liability insurance. The owner shall be responsible for any
fees incurred in holding the animal. If the owner fails to provide acceptable
containment within thirty days, the animal may be destroyed by humane means
after following the normal procedures for impounded animals. Only when
acceptable containment has been provided, and approved by the animal control
department, will the animal be released to the owner. The determinations by the
animal control department shall be subject to appeal, and any appeal to a
decision under this section shall be handled consistent with the hearing
procedures as set forth in Section 10.20.090 of this title.
Ordinance No. 482
Amending Title 1 and 10
Animal Bite Penalties
Adopted: July 6, 2010
Page 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
482 which was introduced at a regular meeting on the 15" day of June, 2010, and
was adopted at a regular meeting held on the 6" day of July, 2010, not being less
than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2006-115.
VERONICA J/MONTECIN0, CMC, City Clerk
City of La Efuinta, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing ordinance was posted on July 1 2010 pursuant
to Council Resolution.
VERONICAONTECINO, CIVIC, City Clerk
City of La Quinta, California