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. ' hATE AGENDA ITEM #
DATE' AGENDA ITEM # (~AP
.~i ": ( ),~.i~EI~I~Z~i..? PROVED ( ) DENIED
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA AMENDING THE LA QUINTA MUNICIPAL CODE
RELATING TO REGULATION OF DOGS.
The City Council of the City of La Quinta, California, does
ordain as follows:
SECTION 1. Sections 10.04,040, 10.04,060, 10.20.090, and
10.24.040 of Title 10 of the La Quinta Municipal Code are hereby
amended to read as follows:
10.04,040. OWNER. "Owner" means any person who is the
legal owner, keeper, harborer, possessor or the actual custodian of
any animal. Ownership is also established by a person registering as
the owner on a license or other legal document, or by a person
claiming ownership and taking possession of an animal.
10.04,060. VICIOUS OR DANGEROUS ANIMAL. The term "vicious
animal" or "dangerous animal" means a dog which:
1. Has behaved in such a manner that the owner thereof knows or
should reasonably know that the dog has tendencies to attack or
bite human beings; or
2. Has twice within a forty-eight month period bitten, attacked,
or shown the disposition, tendency, or propensity to attack,
bite, or otherwise cause injury to a person engaged in lawful
activity; or
3. Has once attacked or bitten a person engaged in lawful
activity, causing death or substantial injury; or
4. Has been determined by a doctor of veterinary medicine, after
observation thereof, as posing a danger to humans or domestic
animals if not enclosed or muzzled; or
5. Has attacked, or behaved in such a manner that the owner
thereof knows or should reasonably know that the dog has
tendencies to attack domestic animals without provocation; or
6. Has been trained for fighting for or as an attack dog, except
such dogs which are employed by the Police Department of the City
or the County of Riverside.
Any dog which is outfitted with a training device for fighting or
attack, such as a weighted collar around the neck of the dog,
shall be presumed to be a dog trained as a fighting or attack dog.
ORDINANCE NO. 107
Page Two.
10.20,090. CONTROL AND IMPOUNDMENT OF DANGEROUS OR
VICIOUS ANIMALS.
a. No person owning or harboring or having the care or custody
of a dangerous or vicious dog shall suffer or permit such dog to
go unconfined on the premises of such person. A vicious dog is
unconfined, as the term is used herein, if such dog is not
securely confined indoors or confined in a securely enclosed and
locked pen or a dog run area upon the premises of said person.
Such pen or dog run area must also have secure sides six feet
high and a secure top. If the pen or structure has no bottom
secured to the sides, the sides must be imbedded into the ground
no less than one foot.
b. No person owning or harboring or having the care or custody
of a dangerous or vicious dog shall suffer or permit such dog to
go beyond the premises of such person unless such dog is securely
muzzled and restrained with a chain having a minimum tensile
strength of 300 pounds and not exceeding three feet in length.
c. No person shall own or harbor any dog for the purpose of dog
fighting; nor train, torment, badger, bait or use any dog for the
purpose of causing or encouraging said dog to unprovoked attacks
on human beings or domestic animals. Nor shall any person outfit
any dog with a training device for fighting or attack, such as a
weighted collar around the neck of the dog.
d. No person shall possess, with intent to sell, or offer for
sale, breed, or buy or attempt to buy within the City any vicious
or dangerous dog.
e. Any person owning or harboring or having the care of any
dangerous or vicious dog shall maintain a policy of insurance in
an amount not less than $50,000.00 insuring said person against
any claim, loss, damage, or injury to persons, domestic animals,
or property resulting from the acts, whether intentional or
unintentional, of the vicious dog. Such person shall produce
evidence of such insurance upon the request of a law enforcement
officer.
f. Whenever an animal suspected of being dangerous or vicious is
reported, the city manager or his agent may investigate the
circumstances, and if he finds that the animal, by reason of his
acts, propensities, or disposition, is a dangerous or vicious
animal as defined in this title, he may notify the owner or
harborer in writing stating the facts and circumstances
-
ORDINANCE NO. 107
Page Three.
The owner shall be entitled to an administrative hearing before
the city manager to determine whether said dog is vicious or
dangerous, and, if so, the nature and extent of orders to be
made. If, after said hearing, if requested, it is determined
that the dog is vicious or dangerous, the city manager may
orderthe owner to keep the animal confined as provided in this
section and/or may make such other and further orders as are
reasonable under the circumstances. If restraint or confinement
is impracticable, the animal shall be impounded until the owner
or harborer is able to comply with the city manager's orders.
For any such impoundment, the owner or harborer shall be liable
to the city for payment of fees as prescribed pursuant to Section
10.20,080, and any animal not reclaimed within a reasonable time
after such impoundment shall be subject to destruction. In cases
where the animal is not impounded, and written notification has
been given as herein provided, if the owner or harborer fails to
provide adequate restraint or control of the animal as ordered by
the city manager within a reasonable time, or if he thereafter at
any time fails to maintain the adequate restraint or control, or
comply with other orders of the city manager, the owner or
harborer shall be guilty of a misdemeanor, and the animal shall
be subject to summary destruction.
10.24,040. MAXIMUM NUMBER OF DOGS. Except for licensed pet
shops and kennels, no persons shall own, keep or harbor, nor shall
the owner or occupant of any premises keep or permit on or in such
premises more than four dogs of four months of age or older.
SECTION 2: Section 10.28.070 is hereby added to Title 10,
Chapter 10.28, to read as follows:
10.28.070. PUBLIC NUISANCE. The introduction, ownership,
possession or maintenance of any animal, or the allowing of any
animal to be, in contravention of this title, is, in addition to
being a violation, hereby declared to be a public nuisance. The
city manager or his designee, the county health officer, and
peace officers are hereby authorized, directed and empowered to
summarily abate any such public nuisance independently of any
criminal prosecution or the results thereof of any means
reasonably necessary including but not limited to the destruction
of the animal or animals involved, or by the imposition of
specific reasonable conditions and restrictions for the
maintenance of the animal. Failure to comply with such
conditions and restrictions is a misdemeanor. The owner shall
reimburse the city for all costs incurred in verifying compliance
and enforcing the provisions of this section. The city may also
commence proceedings in accordance with the provisions of Chapter
11.72 relative to abatement procedures for public nuisances.
ORDINANCE NO. 107
Page Four.
SECTION 3. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such
holding shall not affect the validity of the remaining portions of
this ordinance. The council declares that it would have passed this
ordinance and each section, subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. Any person violating any provision of this
ordinance shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not more than $500.00 or by
imprisonment for a period of not more than six months, or by both
such fine and imprisonment.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in
full force and effect thirty (30) days after passage.
SECTION 6. 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 in the book of ordinances of the City.
The foregoing ordinance was approved and adopted at a meeting of
the City Council held on the 7th day of April ,
X~8~ by the following roll call vote:
1987
AYES: Council Members Bohnenberger, Cox, Pena, Sniff and Mayor Hoy]e.
NOES: None.
ABSENT: None.
ATTEST: APPROVED AS TO FORM:
CITY MANAGER/CLERK /'""/" A~
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LA QUINTA )
I, RON KIEDROWSKI, City Clerk of the City of La Quinta, do
hereby certify the foregoing to be a full, true and correct
copy of Ordinance No. 107 which was introduced by the La
Quinta City council at a regular meeting held on the
day of April 7, 1987 and was adopted at a regular
meeting held on the 7th day of April 1987, not
being less than five days following date of introduction.
I further certify that the foregoing ordinance was posted
in three (3) places within the City of La Quinta.
RON KIEDROWSKI, City Clerk
City of La Quinta, california