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HomeMy WebLinkAbout11A - 2ND READ ORD - VICIOUS DOGSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2017 TITLE: SECOND READING ORDINANCE: AMEND SANTA ANA MUNICIPAL CODE SECTION 5 -72.1 DEFINTIONS REGARDING POTENTIALLY DANGEROUS AND VICIOUS DOG TO BE COMPLIANT WITH CURRENT STATE LAW {STRATEGIC PLAN NO. 5, 6F} CITE, MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended I] Ordinance on 16' Reading ❑ Ordinance on 2nd Reading © Implementing Resolution [] Set Public Hearing For CONTINUED TO FILE NUMBER On February 21, 2017, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 7 -0: ORDINANCE NO. NS -2912 - AMEND SANTA ANA MUNICIPAL CODE SECTION 5 -72.1 DEFINTIONS REGARDING POTENTIALLY DANGEROUS AND VICIOUS DOG TO BE CONSISTENT WITH CURRENT STATE LAW On July 25, 2016, the California Legislature amended Section 31603 of the Food and Agriculture Code to remove dogs seized pursuant to specified animal cruelty laws from the definition of a vicious dog. The amendment became effective January 1, 2017. The Santa Ana Municipal Code provision defining a vicious dog includes the same provisions that were in state law for dogs seized pursuant to animal cruelty laws. As of January 1, 2017, such provisions are no longer consistent with state law. Staff recommends amending Santa Ana Municipal Code section 5 -72.1 to remove from the definition of a "vicious dog" reference to any dog seized as a "fighting animal" under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or custodian of a fighting animal as set forth in Subdivision (a) of Section 597.5 of the Penal Code. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective 6 (focus projects and programs on improving the health and wellness of all residents.), Strategy F (incorporate health, wellness, and equity into all applicable policies and plans). 11 A -1 Ordinance —Vicious Dogs March 7, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Ma air D. Huizar 1011, Clerk of the Council EXHIBIT: 1. Ordinance No. NS -2912 11 A -2 LAR 2/21/17 ORDINANCE NO, NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE, CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 5-72.1, DEFINTIONS REGARDfNG POTENTIALLY DANGEROUS AND VICIOUS DOO THE CITY CO3UNQIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1, The City Council of the City of Santa Ana hereby finds, determine$ and declares as follows: A. On July 25, 2010, 1 the California Legislature amended section: 31003 of the Food and Agriculture Code to remove dogs seized. pursuant to specified animal cruelty laws- from the definition of a vicious dog. The amendment became, effective January 1, 2Q17. B. Santa Ana Municipal Code section 6-72.1 includes the same definition of vicious dog that waa contained In California Food and Agriculture section 31603, As of January 1, 2047, , such provisions are no longer consistent with state law, C. The City Council of the City of Santa A-he wants to amend Santa Ana Municipal Code section 572,11 to be consistantw,,ith state law, Section Z Chapter 5, Article 11, Section 5-712.1 is hereby amended to read as follows (old language is stricken):' Sec. 6-72.1 -Definitions (a) Potentially danger,ous dog means any of the following., (1 ") Any dog which, when unprovoked, after two (2) separate documented bites withlry the prior 36-month period, engages In any behavior that requires, a defensive action by any person to prevent bodily Injury whether the person and the dog are on or off the property of the owner or custodian of the dog. (2) Any dog which, when unprovoked, bites -,a parson causing any Injury less severe than a ",severe injury.," Severe injury means any physical injury to a human being that results in muscle tears or 11 A -3 disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. (3) Any dog which, when unprovoked,, has killed, seriously bitten, Inflicted injury, or otherwise caused Injury attacking a domestic animal, horse, or Ilvestock, (b) Vhcious dog means any of the following: (I)-(2)Any dog which, when unprovoked, In an aggressive -manner, inflicts severe injury on or Wills 1 human being, whether the person and the dog are on or off the property of the owner or custodian of the dog; (2,) (3) Any dog previously determined to be and currently listed as a potentially dangerous dog, which, after its owner or keeper has been, notified of this determination, continues the 'behavior of -a "potentially dangerous dog" as set forth Above, or is maintained in violation of the, conditions and restrictions, placed upon the dog, as -1 "potentially dangerous dog, " (c) :Provided, no dog may be determined to be a vicious dog If any such bite:, threat, injury or damage was sustained by a person who, at the tune, was ,committing a willful trespass upon the promises occupied by the owner or custodian of the dog, or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the dog; orWas teasing, tormenting, !busing or assaulting: the dog or who has, In the past, teased, tormented,, abused orastaulted the dog. ,(d) These definitions do not apply to dogs used in military or police work while they are actually performing In that capacity. Section 3. If any provision of this Ordinance orthe,applicatior thereof to any person or circumstance Is held- invalid, such invalidity shall not affect other, provisions or applications of the Ordinance which can be given effect,without the invalid provision or appripption, and to this end the provistans of this ordinance are severable, The City Council of the Cityof,�anta Ana hereby decloret that it would have adopted` this Ordinance irrespective of the invalidity of any particular portion thereof, C(rdiffaride No. NS-XXX Page 2 of 3 11 A -4 Section 4. The City Claris shall.certifythe adoption of this Ordinance and shall cause the some to be pasted as reolrod by law. ADOPTED this day of , 2097. :Miguel A;. Purldo Mayor APPROVED AS TO FORM'..:: sy &� A . Laura A. Rossini Senior Assistant City Attcrnay AYES?. Counpilmembars NOES': Counailmember!s ABSTAIN; Councllmfembers NOT PRESENT. Councili embers CERTIFICATE OF ATTESTATION AND ORIGINALITY I; MARIA D. HVIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance Not NSA& to be the original ordinance adopted by the City Council of the City Of Santa Arta on arid that said ordinance was published, In accordance, with the Charter oftha' City of Santa Ana,. Data: Clerk of the Council City of Santa Ana Ordinance Na N$ -XXX Page 3 off, 11 A -5 11 A -6