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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