HomeMy WebLinkAboutOrd 225 ORDINANCE NO. 225
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA, AMENDING TITLES 10 AND 11 OF THE
CATHEDRAL CITY MUNICIPAL CODE TO PROVIDE THAT THE
KEEPING OF A BARKING DOG IS A PUBLIC NUISANCE
SUBJECT TO ABATEMENT UNDER SPECIFIED PROCEDURES,
F AND GRANTING AUTHORITY TO POLICE OFFICERS, ANIMAL
CONTROL OFFICERS AND OTHER CODE ENFORCEMENT
OFFICERS TO IMPOUND DOGS FOUND BARKING
REPETITIOUSLY.
The City Council of the City of Cathedral City does ordain as follows:
SECTION 1. Section 10.20.010 of the Cathedral City Municipal Code is
amended to read:
"10.20.010 Impounding of Animals. It shall be the function and within
the power of the Animal Control Officer to take up, impound and safely keep
any of the animals mentioned in this title and found running at large, or
found staked, tied, or being herded or pastured in any street, lane, alley,
court, square, park or other place belonging to or under the control of the
City, or found upon private property in violation of any of the provisions of
this title or contrary to the right of the public. Any Animal Control
Officer, any Police Officer of the City of Cathedral City, and any other Code
Enforcement Official of the City of Cathedral City is further authorized to
enter upon private property, and to take and impound a dog then found to be
barking repeatedly in a manner so as to offend a reasonable person of normal
sensitiveness, provided that notice had previously been given to the owner or
person in possession of the property at the address at which animal is then
found, in the form specified in Section 11.72.200 of the Cathedral City
Municipal Code."
SECTION 2. Section 10.28.030 of the Cathedral City Municipal Code is
amended by adding thereto Subsection C to read as follows:
C. No person, after being notified of at least two prior instances of
uncontrolled barking by a dog on premises occupied by that person, as provided
for in Section 11 .72.200 of the Cathedral City Municipal Code, shall permit
any dog to remain thereupon uncontrolled, or shall permit any dog to remain
outside the residential structure located on the premises, without some adult
person in attendance in the building to control the animal and to assure that
L no further instances of uncontrolled barking shall occur to disturb a
reasonable person of normal sensitiveness, nor shall any person previously
served with any such notice fail to correct, and control any such dog found
barking repeatedly upon the premises. The prior instances referred to herein
need not be instances in which a citation has been issued, and may include
instances where warnings or citations have been given to the same or different
persons within the immediately preceeding twelve months. "
SECTION 3. Section 11.72. 130 is added to the Cathedral City Municipal
Code to read:
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"11.72.130 Animals and Fowl . No person shall keep or maintain, or permit
the keeping of, upon any premises owned, occupied or controlled by such
person, any animal or fowl otherwise permitted to be kept which, by any sound,
cry or behavior shall cause annoyance or discomfort to a reasonable person of
normal sensitiveness on any residential property. The keeping or maintaining,
or permitting the keeping of, any such animal or fowl is a public nuisance."
SECTION 4. Section 11.72.140 is added to the Cathedral City Municipal
Code to read:
"11.72.140 Violation of Section 10.18.020. Any violation of Section
10.28.020 of the Cathedral City Municipal Code is a public nuisance, subject
to abatement under the provisions of this chapter."
SECTION 5. Section 11.72.245 is added to the Cathedral City Municipal
Code to read:
"11.72.245 Repeated Violations Involving Animals. In the event a nuisance
has been found to exist involving the keeping of animals under the provisions
of this chapter and notice to abate has been served, and the nuisance is found
to again be occurring in the presence of a Police Officer, Animal Control
Officer or other Code Enforcement Officer of the City, any such officer shall
be authorized, upon verification that notice to abate had been previously
served, to enter upon the premises, including the opening of any gate or fence
or the breaking of any enclosure other than a residential building in which
persons are then known to be living, and to take into custody and to impound
any such animal creating such a nuisance. Notice of such impoundment shall be
left on the door to the main entrance of the residential structure, if no
person is present at the time of such impoundment. Any animal so impounded
shall not be released from impoundment until arrangements are made
satisfactory to the City Manager to assure that no repetition of the nuisance
will occur. If no such arrangements are made within five days after
impoundment, the City Manager shall set a time for hearing, not later than
five days after actual service of notice, by posting upon the premises from
which the animal has been removed, to determine whether the dog shall be
destroyed, placed for adoption, or otherwise disposed of. No animal shall be
destroyed without first being offered for adoption, unless the owner or person
in possession authorizes such destruction or unless the dog is determined to
be vicious or otherwise unsuitable for adoption. The owner, occupant or
person in possession of the premises from which the animal has been removed
shall be responsible for all costs incurred in the impoundment, keeping and
maintaining of the dog prior to destruction, adoption or other disposition,
and for other reasonable expenses of the proceedings
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t4 The City Manager, or any person designated by the City Manager, shall conduct
the hearing to determine what action shall be taken concerning the animal , and
shall have authority, subject to appeal to the City Council , to determine the
amount of assessment for expenses incurred. The determination of the City
Manager or his designee, or the City Council if an appeal is taken, shall be
final ."
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SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 7. POSTING. The City Clerk shall within 15 days after the
passage of this ordinance, cause it to be posted in at least the 3 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 this City.
The foregoing ordinance was approved and adopted at a meeting of the City
Council held on November 16 , 1988 by the following vote:
Ayes: Councilmembers Di Grandi, Hillery, Krings, Murphy and
Mayor Hardie
Noes: none
Absent: none •
A/
MAYO'
ATTEST
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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CI Y ATTORNEY iii Y 'A7'GER
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HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE
FOREGOING ORDINANCE NO. 4'S WAS DULY ADOPTED
BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY,
CALIFORNI IN A M STING THEREOF HELD ON THE /2 ``''�
DAY OF ,198 I , AND THAT SAME WAS POSTED
IN AT LEAST THE THREE PUBLIC PLACES SPECIFIED FOR SUCH
POSTINGS, BY THE SAID CITY COUNCIL.
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-D-epoL- j CIii CLERK