Ordinance - 1626it
follows:
ORDINANCE NO. 1626
AN ORDINANCE OF THE CITY COUNCIL OF.THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING
THE WEST COVINA MUNICIPAL CODE, CHAPTER 6,
RELATING TO ANIMAL CONTROL.
The City Council of the City of West Covina does ordain as
SECTION 1. Section 6-1 of the West Covina Municipal Code is
amended to define dangerous animal as follows:
"Dangerous animal means any animal, except a dog kept
or controlled by a police officer for law enforcement
purposes, which has demonstrated any or all of the
following behavior or characteristics:
a). An attack, without provocation, which requires
a defensive action by any person to prevent bodily
• injury and/or property damage in a place where
such person is conducting himself peaceably and
lawfully;
b) An attack, without provocation, on another animal
or livestock which occurs off the property of
the owner of the attacking animal;
c) Any behavior or any attack, without provocation,
that constitutes a physical threat of bodily harm
to a person in a place where such person is
conducting himself peaceably and lawfully;
d) Training to attack persons or other animals or
to fight with persons or other animals;
e) Of a species, breed or kind, which in its wild
• or untamed condition is capable of and, if aroused,
is likely to cause death or serious injury to
a human being or which would cause serious fear
or alarm to the average person if seen `wandering
at large in an inhabited community.
For the purposes of this section, a person is peaceably
and lawfully upon property or in a place when he is
on such property or in such -place in the performance
of any duty imposed upon him by the laws of this state
or any city or county, or by the laws or postal
regulations of the United States, or when he is on
such property or in such place upon invitation, express
or implied."
SECTION 2. Section 6-3(c) of the West Covina Municipal Code
is amended to add:
"Whenever such a dog is taken off such property or
premises, the person owning, or having charge, care
or custody of such dog shall have it contained within
a secure
cage or
securely and
adequately
muzzled,
•
leashed,
and under
the control of
a competent
person.
Such conditions shall also apply to any biting, vicious
or dangerous dog."
SECTION 3. Section 6-6 is amended to read as follows:
"Section 6-6. Impounding of stray animals.
a) Generally. Any animal running at large or which
shall not be restrained as herein provided, shall
be impounded by the chief of police or someone
designated by him and kept at a suitable pound
by him for a period of seventy-two (72) hours, `
within which time if the ownership of the animal
is proven and the owner calls for it he shall
be able to remove such animal upon the payment
of such sums for the cost of the impounding and,
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in addition thereto, for the cost of maintenance
as may be provided per Section 6-38 herein. If
such an animal is a dog, the provisions of Section
6-44 shall also apply.
b) Disposal. If the ownership of the animal is not
proven within seventy-two (72) hours, then such
animal, whether domestic or wild, shall be destroyed
in a humane manner under the direction of the
chief of police, or the chief of.police may give
or sell to any person any unredeemed animal that
he would by this section be authorized to destroy.
If such an animal is a dog, the provisions of
Section 6-45 shall also apply.
SECTION 4. Section 6-7 of the West Covina Municipal Code is
hereby amended to read as follows:
"Section 6-7. Enforcement by authorized personnel.
The chief of police or any of his officers, the
poundmaster or any of his deputies, and the city health
officer or any member or employee of the health
department are hereby empowered to enforce all of
the provisions of this chapter."
SECTION 5. Section 6-8 of the West Covina Municipal Code is
hereby amended to read as follows:
"Section 6-8. Destruction of dangerous or wild animals.
Nothing in this chapter shall require that the
• enforcement personnel, as designated in Section 6-7,
impound any dangerous animal or wild animal or prevent
the destruction thereof in order to protect the public
health, safety or general welfare."
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SECTION 6. Section 6-,9(a)(1) of the West Covina Municipal Code
is hereby amended to add the phrase:
"including an inspection warrant."
SECTION 7. Section 6-9(a)(2) of the West Covina Municipal Code
is hereby amended to add the phrase:
"including an inspection warrant."
SECTION 8. Section 6-9(b) of the West Covina Municipal Code
is amended to delete the following:
"If the animal is a dog, it shall be impounded as
provided for in Section 6-44. Otherwise, it shall
be impounded as provided in Section 6-6,"
and to add the following:
"When the animal has exhibited behavior or
characteristics as described in Section 6-1, "Dangerous
Animal" a-d:
1) The owner of the impounded animal, if known, shall
be notified of the impoundment by first class
mail, postage prepaid, deposited in the United
States .mail, within three (3) calendar days after
the animal has been impounded. If the owner of
the animal is unknown, notice of the impoundment
shall be made by posting for a minimum of 15 days
at the shelter where the animal has been impounded.
2) Within fifteen (15) calendar days after the animal
has been impounded or the owner of an animal not
impounded has been notified that the animal is
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suspected of being dangerous, the City Manager
or his designated department head shall conduct
an investigation, hearing from the owner, if known,
of the animal, and shall determine whether the
animal is dangerous. _
3) If the City Manager or his designated department
head determines that the animal is dangerous,
he may order that the animal not be kept,
maintained, cause to be maintained, harbored or
possessed within the City or may impose conditions
upon such maintenance or possession which will
reduce the dangerousness of the animal. Such
conditions may include, but shall not be limited
to, adequate and secure muzzling, adequate and
secure yard fencing, adequate warnings of the
dangerousness of the animal, or adequate and secure
control of the animal by a competent person when
the animal is allowed onto places open to the
public. If the City Manager or his designated
department head determines that the animal is
a threat to the safety of persons in the community
and that conditions on the keeping of the animal
cannot eliminate this threat or that the conditions
previously imposed upon the animal have not reduced
the dangerousness of the animal or have not been
complied with, and that no other location can
be found where the animal could be kept without
presenting a threat to public safety, the City
Manager or his designated department head may
•
order that the animal be destroyed. The City
Manager or his designated department head shall
release the animal upon finding that the conditions
of any such order will be complied with by the
owner or person in control of the animal.
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4) Decision by the City Manager or his designated
department head shall be final.
5) It shall be unlawful for any person to violate
any of the conditions imposed upon the keeping
• of a dangerous animal by the City Manager or his
designated department head to this section.
6) The owner or person in possession of an animal
impounded pursuant to this section shall be
responsible for any fees incurred in the holding
of such animal.
When the animal can be defined as dangerous due to
characteristics described in Section 6-1, "Dangerous
Animal," in (e) or (f), but the animal has not exhibited
behavior so as to be an eminent danger to the public
safety, the procedure as stated above shall apply,
except that the hearing and determination by the City
• Manager or his designated department head shall occur
prior to the impoundment of such animal."
SECTION 9. Section 6-9 is amended to add the following:
e) "Whenever any police officer or humane officer
has reasonable cause to believe that an animal
found at large is dangerous within the meaning
of Section 6-1, he may immediately seize and impound
the animal and may proceed as specified under
Section 6-9(b)."
SECTION 10. Section 6-25 of the West Covina Municipal Code
• is amended to read:
am
•
•
"When any biting, vicious or dangerous animal is at
large within the City and outside the enclosure of
its owner or keeper in violation of the conditions
specified in Section 6-3(c), it shall be deemed to
be a public nuisance and may be killed immediately
by any peace officer, whether such animal is licensed,
registered or numbered or not. Such animals may also
be impounded as prescribed in Section 6-9(b)."
SECTION 11. The City Clerk shall certify to the adoption of
this ordinance and shall cause the same to be published in the manner
prescribed by law.
PASSED, APPROVED
of Februar
ATTEST:
City Clerk
State of California )
County of Los Angeles )
City of West Covina )
AND ADOPTED
, 1984.
this
Mayor
13th
day
I, HELENE M. MOONEY, City Clerk of the City of West Covina,
California, do hereby certify that the foregoing Ordinance No. 1626 was
regularly introduced and placed upon its first reading at a regular meeting
of the City Council on the 23rd day of January 2 1984.
That thereafter said Ordinance was duly adopted and passed at a regular
meeting of the City Council on' the 13th day of February ,
1984, by the following vote of the Council:
AYES Councilmen: Tennant, Shearer, Bacon, Chappell
NOES Councilmen: None
ABSENT: Councilmen: Tice
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-izz - /; �. 12,1,
City Clerk
APPROVED AS TO FORM:
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t Attor ey
r�
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CERT IFICAT ION
State of California )
County of Los Angeles ) ss.
City of West Covina )
I, JANET BERRY, Deputy City Clerk of the City of
West Covina., State of Ca.lifornia., do hereby certify
that a true and accurate copy of Ordinance No.
was published, pursuant to law, in the West Covina
Tribune, a. newspaper of general circula.tion published
and circulated in the City of West Covina.
Janet
Berry,
Deputy
ity Clerk
City
of West
Covina,
California