Loading...
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: - 1 - "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 4 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 ." - 2 - 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 /���1 /, / I 'Y ,► ERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: e&ir / ., . . • •La. .. CI Y ATTORNEY iii Y 'A7'GER r= t - 3 - i 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. r1 -D-epoL- j CIii CLERK