HomeMy WebLinkAbout782 - OrdinancesORDINANCE NO. 782
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING
REGULATIONS PERTAINING TO ANIMALS WHICH
HABITUALLY MAKE NOISE, POTENTIALLY DANGEROUS
AND VICIOUS ANIMALS, AND RABIES VACCINATIONS, AND
AMENDING TITLE 6 OF THE RANCHO CUCAMONGA
MUNICIPAL CODE
The City Council of the City of Rancho Cucamonga hereby ordains as follows:
SECTION 1: Chapter 6.02 of Title 6 of the Rancho Cucamonga Municipal Code
is hereby amended by deleting Section 32.0119 of Chapter 1 of
Division 2 of Title 3 (Animals Which Habitually Make Noise) of the
San Bernardino County Code, and Chapter 14 of Division 2 of
Title 3 (Potentially Dangerous and Vicious Animals) of the San
Bernardino County Code, as previously adopted by reference;
provided, however, that such deletion shall not affect or excuse
any violation of said section or chapter occurring prior to the
effective date of this Ordinance.
SECTION 2: Anew Section 6.02.030 is hereby added to Chapter 6.02 of Title 6
of the Rancho Cucamonga Municipal Code to read as follows:
"6.02.030 Rabies Vaccination. Veterinarians who vaccinate pets owned by City of
Rancho Cucamonga residents shall provide rabies vaccination information and/or copies of
rabies vaccination certificates to the Animal Care and Services Department upon request."
SECTION 3: Anew Section 6.02.040 is hereby added to Chapter 6.02 of Title
6 of the Rancho Cucamonga Municipal Code to read as follows:
"6.02.040 Animals That Habitually Make Noise.
A. In residential zones of the City, it shall be unlawful for any person(s) owning or
having control of one or more animals ('Responsible Person'), either willfully or through failure to
exercise proper control, to allow such animal to habitually or continually bark, howl, crow, or
make any other loud noise in such a manner as to at any time, day or night, cause general
annoyance or discomfort to a neighboring inhabitant. The standard of general annoyance or
discomfort is a 'reasonable person' standard, i.e., the noise is such that a reasonable person,
under the same or similar circumstances, would suffer more than minor annoyance or
discomfort.
B. Evidence of a violation may be based upon complaints from neighboring
inhabitant(s), hereby defined as persons living within two hundred (200) yards of such
Responsible Person's premises, or if said animal wanders outside of said premises, within two
hundred (200) yards of the animal's current location. If there is more than one neighboring
inhabitant, as defined above, evidence of a violation requires complaints from at least two (2)
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neighboring inhabitants living in separate residences. The Senior Animal Services Officer or
his/her duly authorized agent or representative may waive the two-complainant requirement and
accept a single complaint, if he/she determines geographic or other circumstances exist
whereby a noise disturbance caused by the animal(s) can only affect only one residence. If the
complainant(s) lives in excess of two hundred (200) yards from such Responsible Person's
premises, the Senior Animal Services Officer or his/her duly authorized agent or representative
may waive the two hundred (200) yard requirement if he or she determines that there is credible
evidence that the complainant(s) is experiencing a level of noise comparable to a person
residing within two hundred (200) yards of the noise, which evidence may include, but is not
limited to, tape recordings, videotapes, sound monitoring logs, photographs, maps, or
declarations of other persons living a similar distance away from the noise.
C. The Animal Care and Services Department will substantially follow the procedures
below in responding to all complaints of noisy animals, however, the procedures and timelines
set forth herein are discretionary and not mandatory. Should a particular stage in the process
take longer than the period set forth, or should exceptional circumstances require any of the
periods be shortened, the process may proceed to the next step without the necessity of
repeating any prior step.
1. Upon receiving an initial complaint from any person, either orally or in writing, the
Responsible Person of the subject animal will be sent a letter. The letter will notify the
Responsible Person that the Animal Care and Services Department has received a complaint or
complaints, provide information on ways to resolve the complaint(s), and instructions to abate
the problem within ten (10) days.
2. Upon receiving a second complaint from any person, either orally or in writing, a
minimum of 10 days after the initial letter has been issued, the complainant(s) will be sent
Nuisance Animal Noise Complaint Forms, with instructions that, if the nuisance is not abated, to
complete the form and have at least one neighboring inhabitant in a separate household
complete the second form. The complainant(s) must complete and sign the forms under penalty
of perjury, and return them to Animal Care and Services. The letter shall also contain a Waiver
Application to apply for a waiver from either the two-complainant or two hundred (200) yard
requirements. Upon receipt of two such complaints, or waiver from the Senior Animal Services
Officer or his/her representative, the Animal Care and Services Department shall assign an
officer to investigate the complaint(s). If the investigating officer determines that there is
probable cause to believe a violation of this Section 6.02.040 has occurred or is occurring, the
Responsible Person of the subject animal will be sent an Abatement Letter. The letter will notify
the Responsible Person that the Animal Care and. Services Department has received a
complaint or complaints, regarding the subject animal(s), describing the substance of the
complaint. The letter will also explain the process and potential costs/consequences for all
parties if the matter proceeds and results in the issuance of a citation, and will encourage the
parties to attempt to resolve the complaint themselves. If that is unsuccessful, the letter will
further recommend that the parties seek mediation services and will provide information on
available free and low cost medication services. The letter shall be served by personal service,
mail, posting, or publication according to the procedure listed in Section 1.12.080 of this code
(Procedure for serving administrative citation, compliance order and notice). If, at the end of a
10-day period after the Abatement Letter is served, the complainant(s) advise(s) the Animal
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Care and Services Department that the noise has not abated, the Responsible Person may be
issued an administrative citation as provided in Chapter 1.12 of this code. Administrative fines
will be in the amounts adopted in Section 6.02.010 of this code. The administrative citation
content, procedures, administrative hearing process, and related remedies and general
provisions contained in Chapter 1.12 of this code shall be followed."
SECTION 4: A new Chapter 6.04 is hereby added to Title 6 of the
Rancho Cucamonga Municipal Code to read as follows:
"Chapter 6.04
POTENTIALLY DANGEROUS AND VICIOUS ANIMALS
Sections:
6.04.010 Purpose.
6.04.020 Exceptions to Chapter.
6.04.030 Determinations and Notice Process.
6.04.040 Authority to Seize Animal Posing Immediate Threat to Public Safety.
6.04.050 Handling of Potentially Dangerous or Vicious Animals.
6.04.060 Removal of Designation as Potentially Dangerous or Vicious.
6.04.070 Conditions for Destroying Animal Found Vicious or Potentially Dangerous.
6.04.080 Conditions for Prohibiting Ownership of Vicious Animals.
6.04.090 Criminal Penalties/Civil Remedies.
6.04.010 Purpose. The purpose of this chapter is to provide regulations and
procedures related to the declaration, conditions for release and control, and the disposition and
destruction of potentially dangerous and vicious animals.
A. Potentially Dangerous Animal Defined. 'Potentially dangerous animal' means any of
the following:
1. Any animal which, when unprovoked, on two separate occasions within the prior 36-
month period, engages in any behavior that requires a defensive action by any person to
prevent bodily injury when the person and the animal are off the property of the owner or keeper
of the animal.
2. Any animal which, when unprovoked, bites a person causing a less severe injury than
as defined in Section 6.04.010 (C).
3. Any animal which, when unprovoked, on two separate occasions within the prior 36-
month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a
domestic animal off the property of the owner or keeper of the animal.
B. Vicious Animal Defined. 'Vicious animal' means any of the following:
1. Any animal seized under Section 599aa of the Penal Code and upon the sustaining
of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.
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2. Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury
on or kills a human being.
3. Any animal previously determined to be and currently listed as a potentially
dangerous animal which, after its owner or keeper has been notified of this determination,
continues the behavior described in Section 6.04.010 (A) or is maintained in violation of Section
6.04.050.
C. Severe Injury Defined. 'Severe injury' means any physical injury to a human being
that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or
cosmetic surgery.
6.04.020 Exceptions to Chapter.
A. This chapter does not apply to licensed kennels, humane society shelters, Field
Services facilities or veterinary clinics.
B. This chapter shall not apply to any dog utilized by any fire department, fire
district, police department or any fire or law enforcement officer in the performance of public
safety work.
6.04.030 Determinations and Notice Process.
A. Determination of Potentially Dangerous or Vicious Animal. If an Animal Services
Officer, after conducting an investigation, has determined that there exists probable cause to
believe that an animal is potentially dangerous or vicious, he/she shall report the results of
his/her investigation in writing to the Senior Animal Services Officer or designee who shall
review said written report for the purpose of determining whether or not the animal in question is
potentially dangerous or vicious.
B. Complaints and Evidence. If the written report submitted by the Animal Services
Officer is based on a complaint or complaints received from a member of the public, the Animal
Services Officer shall require the complainant to put the complaint in writing and sign it under
penalty of perjury, so that it may be offered as evidence at subsequent hearing(s). The Animal
Services Officer may also include in said report to the Senior Animal Services Officer:
1. if known, the animal's previous history of biting, attacking, or causing injury to a
human being or animal;
2. the nature and extent of injuries inflicted and the behavior of victims involved;
3. the place where the bite, attack or injury occurred;
4. the presence or absence of any provocation for the bite, attack or injury;
5. the extent to which property has been damaged or destroyed;
6. the extent to which the animal exhibits characteristics of aggressive or unpredictable
temperament or behavior in the presence of human beings or domestic animals; and
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7. the extent to which the animal exhibits any characteristics of being trained for fighting
or attack and any evidence tending to show such training.
C. Exceptions.
1. An animal may be found not potentially dangerous or vicious if the Senior Field
Services Officer, Hearing Officer, or any duly authorized person reasonably determines any of
the following:
a. any injury or damage was sustained by a person who, at the time the injury or
damage was sustained, was committing a willful trespass upon the premises occupied by the
owner or keeper of the animal or was committing or attempting to commit a crime upon the
premises;
b. the person who sustained the injury or damage was teasing, tormenting,
abusing or assaulting the animal at the time;
c. the animal was protecting or defending a person within the immediate vicinity of the
animal from an attack, assault, battery, crime or attempt to commit an attack, assault, battery or
crime by the person who sustained the injury; or
d. any injury or damage was sustained by a domestic animal, which, at the time the
injury or damage was sustained, was teasing, tormenting, abusing or assaulting the animal.
2. No dog may be declared potentially dangerous or vicious if the injury or damage to a
domestic animal was sustained while the dog was working as a hunting, herding, or a predator
control dog and it was on the property of, or under the control of, its owner or keeper and the
damage or injury was to a species or type of domestic animal appropriate to the work of the
dog.
D. Notice of Determination and Administrative Hearing.
1. If a determination is made by the Senior Animal Services Officer or designee that the
animal is potentially dangerous or vicious, the owner or keeper ('Responsible Person') shall
comply with Section 6.04.050 in accordance with a time schedule established by the Senior
Animal Services Officer or designee but in no case more than thirty (30) days after the date of
mailing of the Notice of Determination.
2. If the Responsible Person contests the determination, he/she may request an
administrative hearing of the decision of the Senior Animal Services Officer or designee by
completing and submitting a Request for Hearing form in accordance with Chapter 1.12.110 of
this code.
3. Upon receipt of a request for review, an administrative hearing to review the case
shall be held, in accordance with Chapter 1.12 of this code. If the Hearing Officer determines
that an animal is potentially dangerous or vicious, the Hearing Officer may establish a time
schedule to ensure compliance with this Chapter, but in no case more than thirty (30) days
subsequent to the date of the mailing of the Hearing Officer's findings and orders.
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6.04.040 Authority to Seize Animal Posing Immediate Threat to Public Safety.
If an Animal Services Officer or a Contracted San Bernardino County Sheriff's Deputy (RCPD),
has investigated and determined there exists probable cause to believe an animal poses an
immediate and serious threat to the safety of the public, then the Animal Services Officer may
seize and impound the animal pending the hearing to be held pursuant to Section 6.04.030 (D)
of this code. If confinement is not contrary to public safety, the Animal Services Officer may
require the animal to be confined at the Responsible Person's expense in a kennel or veterinary
facility approved by the Animal Care and Services Department or at the home of the
Responsible Person.
6.04.050 Handling of Potentially Dangerous or Vicious Animals.
A. Animal to Be Kept Under Control at All Times.
1. Control While on Responsible Person's Premises. A potentially dangerous or vicious
animal, while on the Responsible Person's property, shall at all times be kept indoors or in an
enclosure which shall secure the yard so that the animal cannot escape and children cannot
trespass. The enclosure shall be approved by the Animal Care and Services Department and
meet the following criteria:
a. the enclosure shall be constructed to prevent the going in of the public or other
animals and the entrance to the enclosure shall be locked at all times while the animal is
contained within the enclosure;
b. the enclosure shall be well ventilated and shall be six (6) sided, consisting of four (4)
walls, a cover or roof and a permanent floor to prevent the animal from escaping by either
climbing or digging under the wall. If the bottom is not secured to the sides, the sides must be
embedded in the ground no less than two (2) feet;
c. the animal shall be housed pursuant to the provisions of section 597t of the California
Penal Code (adequate enclosed area). The minimum dimensions of the enclosure shall
measure five (5) feet by ten (10) feet and be of a height which does not restrict the animal's
natural movements and which allows the owner or keeper into the enclosure to maintain the
animal;
d. the enclosure shall be surrounded by a perimeter fence which prevents the entry of
the public onto the property of the owner or keeper but which shall not serve in any part as a
primary enclosure for the animal.
2. Compliance Inspections. As a condition of maintaining a potentially dangerous or
vicious animal, its owner or keeper shall allow access to the Animal Care and Services
Department to inspect the premises to ensure compliance with the provisions of this chapter
between the hours of 9:00 a.m. and 9:00 p.m. daily. Prior notification of the inspection to the
owner or keeper of the potentially dangerous or vicious animal shall not be required.
3. Control When off Owner's or Keeper's Premises. At all times, when a potentially
dangerous or vicious animal is not on the premises of the Responsible Person, the animal shall
be securely muzzled and restrained by a leash. The animal shall also be under the control of a
person eighteen (18) years of age or older, who is physically capable of restraining the animal.
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B. Warning Notice. The Responsible Person of the animal shall display, in a prominent
place upon the premises where the animal is kept or maintained, a sign easily readable by the
public using the words "DANGEROUS ANIMAL", or "VICIOUS ANIMAL", as ordered by the
Senior Animal Services Officer, Hearing Officer, or any duly authorized person after a hearing or
hearings pursuant to Section 6.04.030, in letters at least two (2) inches in height.
C. Permanent Identification of Animal. The owner or keeper of the animal shall provide
a permanent identification by means of an implanted microchip that shall be registered with the
Animal Care and Services Department. A photograph of the animal shall be kept on record for
identification, in addition to registration as a Dangerous Animal or Vicious Animal.
D. Notice of Change of Location or Death of Animal.
1. If an animal determined to be potentially dangerous or vicious dies, is sold,
transferred or permanently removed from the City, the owner or keeper shall notify the Senior
Animal Services Officer of the changed condition(s) and new location of the animal in writing
within two (2) working days of the changed status.
2. Animals determined to be potentially dangerous or vicious may be relocated to other
premises within the City only upon written notification to the Senior Animal Services Officer a
minimum of five (5) working days in advance of the animal being physically transferred to new
premises. Such physical transfer requires the inspection and approval by an Animal Services
Officer of the new premises' enclosure and perimeter fencing for compliance with Section
6.04.050.
E. Licensing and Vaccination. All potentially dangerous and vicious dogs shall be
licensed and vaccinated in accordance with Chapter 6.02 of this code. The potentially
dangerous or vicious dog designation shall be included in the license records of the dog. A
potentially dangerous or vicious dog fee shall be charged in addition to the regular licensing fee
to provide for the increased costs of maintaining the records of the dog pursuant to the City
Schedule of Fees.
F. Designated Potentially Dangerous and Vicious Animal Listing. All animals
designated potentially dangerous or vicious shall be recorded on a listing maintained by the
Animal Care and Services Department. Animals designated potentially dangerous or vicious
shall remain on the listing until the animal dies, is permanently removed from the City, or is
removed from designation pursuant to section 6.04.060.
6.04.060 Removal of Designation as Potentially Dangerous or Vicious. If the
Responsible Person demonstrates changes that mitigate the risk to public safety to the
satisfaction of the Senior Animal Services Officer or designee, the designation of potentially
dangerous or vicious may be removed.
6.04.070 Conditions for Destroying Animal Found Vicious or Potentially
Dangerous.
A. An animal determined to be a vicious or potentially dangerous animal may be
destroyed by the Animal Care and Services Department when it is found, after proceedings
conducted under Section 6.04.030, that the presence of the animal in the community would
create a significant threat to the public health, safety and welfare. If it is determined that a
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vicious or potentially dangerous animal may be maintained in the community, the Senior Animal
Services Officer, Hearing Officer, or other duly authorized person shall impose conditions upon
the ownership of the animal, including, but not limited to, the conditions set forth in section
6.04.050 in order to protect the public health, safety, and welfare.
B. An animal previously determined to be a vicious or potentially dangerous animal may
be destroyed by the Animal Care and Services Department when it is found, after proceedings
conducted under Section 6.04.030, that the owner or keeper of the animal has failed to comply
with the provisions of Section 6.04.050(A).
6.04.080 Conditions for Prohibiting Ownership of Vicious Animals. The
Responsible Person of an animal determined to be vicious or potentially dangerous may be
prohibited by the Senior Animal Services Officer, Hearing Officer, or other duly authorized
person from owning, possessing, controlling or having custody of any other animals having
dangerous propensities for a period of up to three (3) years, when it is found, after proceedings
conducted under Section 6.04.030, that ownership or possession of such an animal by that
person would create a significant threat to the public health, safety, and welfare, as determined
by the Senior Animal Services Officer, Hearing Officer, or other duly authorized person.
6.04.090 Criminal Penalties/Civil Remedies.
The criminal penalties for violation of this Chapter shall be the same as provided in
subsections 'a' through 'd' of Section 6.02.010.6.1, Penalties. The violation of any of the
provisions of this Chapter shall constitute a nuisance and may be abated by the City through
civil process by means of restraining order, preliminary or permanent injunction or in any other
manner provided by law for the abatement of such nuisances."
SECTION 5: Severability. The City Council declares that, should any
provision, section, paragraph, sentence or word of this Ordinance,
chapters or sections adopted herein be rendered or declared
invalid by any final court action in a court of competent jurisdiction,
or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences and words of this
Ordinance, chapters and sections hereby adopted shall remain in
full force and effect.
SECTION 6: The City Clerk shall certify to the adoption of this Ordinance.
Please see the following page
/ar /ormal adoption, certification antl signatures
Ordinance No. 782
Page 9 of 9
PASSED, APPROVED, AND ADOPTED this 17'" day of October 2007.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
~~
Debra J. A s, CMC, City Clerk
1, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 3rd day of October 2007, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
17`" day October 2007.
Executed this 18`" day of October 2007, at Rancho Cucamonga, California.
Debra J. A a MC, City Clerk