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HomeMy WebLinkAboutAgenda Statement 1976/08/31 Item 09 CITY OF CHULA VISTA ITEM N0. 9 COUNCIL AGENDA STATEMENT FOR MEETING OF: 8�31/76 ITEM TITLE: Ordinar�ce - Amending the Chula Vista Municipal Code Relating to the Responsibilities for �9aintenance and Ownership of Dogs - First� Reading and Adoption SUBMITTED BY� Ci�y Attorney ITEM EXPLANATION� In early 1975 a� a result of problems relating to vicious dogs, Section 6 , 24 ,0�0 was added to the Municipal Code . This section incorporated the very limited prohibition of vicious dogs as contained in the ordinance of the Co�znty of San Diego and as either adopted by all of the other cities in the Cour�ty, or by specific repetion of the section which reads as follows : POSSESSION OF VICIOUS ANIMALS . The possession of a vicious ar�imal is unlawful unless it is restrained, confined, or muzzled so that it cannot bite or attack any person or ani- mal . Animals held in violation of this section shall be deemed a public nuisance, and their continued possession or ownership shall be unlawful . The County Veterinarian may impound any such animal and dispose of it in a humane manner after three (3) working days to allow for legal restrain.ing action by the owner � At that time after much discussion, there was further elaboration defining the issues of vicious propensity and also holding it to be unlawful for the dog to bite any person or animal on property other than tha� owned or demised by said person, Continuedo . . s . . . EXHIBITS ATTACHED Agreement Resolution Ordinance X -Plat Other Letters Environmental Document: Attached Submitted on STAFF RECOMMENDATION: As noted herein, the County provisions on vicious dogs re�eived little oppositiono The Council should weigh carefully this fac�, although it is recommended that the more inclusive provisions be adopteds BOARD/COMMISSION RECOMMENDATION� COUNCIL ACTION� Suggested revisions - (see page 3) Form A-113 (Rev.S-75) Agenda Item No. 9 Supplemental Page Two Subsequently, as a result of a most vicious dog attacking on private property, the entire issue of dog regulations, and specifically vicious dog regulation, has been revived. The entire chapter of our Code relating to dog regulations has been updated, however, the furor engendered by the proposed changes, which limit the right of persons to maintain vicious dogs on their own premises unless they are guard dogs which are properly licensed, has been most unique and will result in a very prolonged hearing even though it is not set for a public hearing on Tuesday, August 31, 1976 . Therefore, once again, we will attempt to provide language which may prove satisfactory to all interested parties in amending Section 6 . 24 .080 to read as follows: Sec . 6 . 24 . 080 . Possession of Vicious Dogs . The possession of a vicieus dog is unlawful . Dogs held in violation of this section shall be deemed a public nuisance, and their continued possession or ownership shall be unlaw- ful . The Animal Regulation Officer may impound any such dog and dispose of it in a humane manner after three working days to allow for legal restraining action by the owner . For purposes of this section, an animal shall be deemed vicious if it either clearly demonstrates by its behavior a propensity to attack or bite a person or animal . The vicious character of a dog does not depend upon the dog having actually bitten any person or animal, but may be determined by observation of its behavior . Further, a dog which has bitten any person or animal is not necessarily deerned to be vicious dependent unon the circumstances such as the intrusion of persons into a confined space on private property, the teasing of the dog or cruel treatment of the dog. A dog shall not be deemed to be vicious who acts in protection or in defense of private property if properly confined within an enclosure on the premises of the owner or custodian of the animal, which enclosure is violated by any person or animal . �og� which are specifically maintained for guard dogs or protective purposes must be licensed with the City of Chula Vista showing such guard or protective use . The owner or custodian of such an animal must stipulate that the animal has been trained for such purposes and that the premises wherein the animal is maintained are designed and constructed in such a manner as to protect all persons in the surrounding area and persons who may come upon the pre- mises for ordinary and legitimate purposes as well as from children who may, for any reason, be attracted to the premises . In the event that such a dog does bite any person or animal, the quarantine provisions of Section 6 . 28 .060 shall be appli- cable. Any person who has been assaulted or attacked by any dog within the limits of the city, without provocation from the Agenda Item No. 9 Supplemental Page Three person so assaulted or attacked, may make an affidavit of such fact and file the same with the Chief of Police, and it shall thereupon be the duty of �he Chief of Police immediately to give notice in writing of the filing of such affidavit to the owner or keeper of such dog. After satisfying the require- ments of the quarantine provisions of Section 6 .28 .060, such owner or keeper shall keep such dog securely confined to his premises by line or chain, and if such owner or keeper shall neglect to so confine such dog, he shall be guilty of a violation of this chapter and the Chief of Police may have such dog killed at any time thereafter if it is found running �t large in the city and not in the immediate care of its owner or keeper, or led by a chain, line or leash . Whether the above provisions will be satisfactory to those who have raised objections to the proposed amendment will be subject to debate at the Council meeting of August 31, 1976 . It is certainly a legally a�ceptable alternative to adopt the short ordinance prohibition as provided by the County and accepted by all of the other cities in the County as originally indicated hereinabove . Other than the provisions relating to vicious dogs, there has been no objection to the revisions of Chapter 6 .24 . The comments of the Chief of Police, the California Society for Pre- vention of Cruelty to Animals and the Animal Regulation Officer are also attached hereto . COUNCIL ACTION : The following words added to Section 6 . 24 . 080 : "For purposes of this section, an animal shall be deemed vicious if it either clearly demonstrates by its behavior a propensity to attack or bite a person or ariimal without provocation. " "A dog shall not be deemed to �� viciou�who acts in the protection or in defense of persons or of private property if properly confined. . . " ��PARTM�IUTAL C�iZR�SPOND�NC� DATE: August 18 , 1976 Tp: Lane F. Cole, Cit::y Manaqer VIA: Gene Asmus, Assistant City Manager FROM: �dilliam J. Winters, Chief of Police SUBJECT : Change in Doq Ordinance I have had a number of businessmen contact me who are utilizin.g "guard dogs" to prevent theft from their business establishments. They are concerned that a change in i�he dog ordinance may affect their usage of "guard dogs. " I am in complete sympathy with their concern. It is ar� established fact that the use of "guard dogs" on industrial and commercial property has a substantial deterent effect on theft. E�Ie have never had a complaint i.ndicating that a "guard dog" has bi�.ten anyone. I think we can adequately protec� -`he general aublic by requiring that "guard dogs" be ac�eGUa�ely canfined inside fenced areas with appronriate sir;�s indicating t�^�eir usage on -��e pro�erty. I c�zn see no calue in requiring those people who utilize "nuard dogs" to have a s�eci.a� license. In formulating the :.ew Ordinance It is my hope that these ma�ters will be seriously co:�sider�d. c� �, �-.: -u :-+�--� C' "•� f"'s•::_ �" ;:�.,, �., � '�� I�7J�ti7/ams �°,_` C9 ':..., cc : Ci-� At�orney �;z� .. � ". M L� 2�ty Council �ry: .�. ;-i 4 '"�c$� cA °� "; w cn C.�,�y v� Chu.2cc Uti�S�u, Ca.��.�c�nrztia A 111 `' MRS.FRANCES FRAZER,Treasurer MRS.CAROL WEBB,Executive Director 135-B East Oleander Drive 6452 Scimitar Drive Chula Vista,Ca. 92010 CALIFORNIA SOCIETY FOR San Diego,Ca. 92114 Phone: 427-3507 Phone: 264-5645 PREVENTION OF CRUELTY TO ANIMALS, Inc. NON-PROFIT ORGANIZATION . ��;��` �.j�y "".d�".`' C+7 �� �;u�. 21, lg7b ��': � _�� �.f .....� (� � �„'., c-s :„� r*,__ i,,3 :� w City CounciZ �"°•� x.. �;;� City of Chta.la Vi�a �d �,. ` a`� 276 Fourth Ave. "�_:. c-� �,..�a ..._c,r Ghula Vista, Calif. 92�10 �.`� �- �� rn Gentlerr�en: As a htunane organization �,rhich believes th�t animaZ owz�:e.rs must manage their animals responsi'olv� �nd ti�ra.th conaideration for the s�fet,y and camfort of other citi�ens, tae bro�a].d like to of_fer th� follotTing sug�estions re�ardin� dogs kept for ?�rotectian� and do�s wh3ch bif,e: I. � special licensP be issued for � do� kept for persvn�l protection or as a �uard dog. 2, When a gu.ard do�; is leashed and off the oi�mer+ s propert_y, it must be kept �t �.ePSt TO feet �om a person ar otlaer animal. 3, � ao� wnicn bites twice �rithin 1,.� �onths should not necessaralq be declared vieious. The ciretnnstances under �ahich the c�og bxtas shou.ld bp considered. So�etimes a dog i�rilZ bite i�' teased or czv.ell.v treated. Si.nce d.00s are c�nsiderec� person�� nrox�ertv, they cannot t�e confiscated w�..thout due le�al process. I�. � do�; �,rhich bites onlv� once m3.�ht aetualT,y be vicious. & viciouw do� attaeks ��ri.thout provocatian. A guard do� is not vicious; he is ft�lfi]_?in� his clu-�v. 5. � heavy pen�lty, ��*i-ch no suspension of th.e pen�lty� should be �iven for �llo�ring a �a.ard dog to be �t iarge. t�Te hope -the abov+e suggestions �Ti?.3 be of �ssistanee to fou. Very trul.y vcnzrs �����. ���`,F�-� ���--� �'� ��s. c�x�� ��s �ecutive T�i...rector �il�i • �� � , �� � .rul•, `'S +.`�76 � C�;t�in :�lr:rk; "r ?l; J�� ::O'-'�'.?it: �'.!'.VC :::,OZ,,.' t�^..C'.i:il 11.1 �.�• .:.'.C� �)s�- s � • ' �, 1 z t. ' .r-� �5-+ •?;j+ � '�C:".�:�.0 7_:1 3Cc^..^i011 �C:O� tt::�j'. 1f�s� . I C�Oi'_L �.:�-•'�• �tl��_�. LII �r..� . 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