HomeMy WebLinkAboutOrd 237 ORDINANCE NO. 237
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY,
L AMENDING SECTION 10.20.090 OF THE CATHEDRAL
CITY MUNICIPAL CODE TO PROVIDE FORA HEARING
PROCEDURE FOR DETERMINATION THAT AN ANIMAL
IS VICIOUS
The City Council of the City of Cathedral City does ordain as follows:
SECTION 1. Section 10.20.090 of the Cathedral City Municipal Code is
hereby amended to read as follows:
10.20.090 Vicious Animals. A. Whenever an animal suspected of being
vicious is reported, the Animal Control Officer or any other code enforcement
officer or police officer of the City of Cathedral City may request a hearing
to determine whether the animal is, in fact, vicious and whether the animal may
be suitably restrained or must be destroyed.
B. Any such person seeking a hearing to determine that a particular
animal is vicious shall provide to the owner or harborer of the animal , in
writing, a notice stating the officer's belief that the animal , by reason of its
acts, propensities or disposition constitutes a vicious animal as defined in
this chapter, and notifying the owner or harborer of the animal that a hearing
will be held before the City Manager, or his or her designee, to determine
whether the animal is in fact a vicious animal , whether restraint is possible
or practical , whether the animal must be impounded and, if restraint is
impossible or impractical , whether the animal should be destroyed. The notice
shall be sent by first class mail , mailed at least ten (10) days before the date
set for the hearing, or personally delivered at least three (3) days before the
date set for the hearing.
C. Prior to the time of the hearing, the Animal Control Officer of the
City of Cathedral City may order the owner or harborer to keep the animal within
a substantial enclosure or securely attached to a chain or other type of control
which the Animal Control Officer may deem adequate under the circumstances,
pending the hearing. If such restraint is not practical , or if the owner or
harborer of the animal fails or refuses to comply with the order pending the
hearing, the animal shall be impounded until the owner or harborer is willing
and able to comply with the Animal Control Officer's order. For any such
impoundment, the owner or harborer shall be liable to the City for payment of
-J the fees as prescribed pursuant to section 10.20.080, and any animal not
reclaimed within twenty (20) days after such impoundment shall be subject to
destruction.
D. In cases where the animal is not impounded, and written notification
has been given as aforesaid, if the owner or harborer fails to provide adequate
restraint or control of the animal as ordered by the Animal Control Officer,
pending hearing, the owner or harborer shall be guilty of a misdemeanor, and the
animal not so restrained shall be subject to impoundment under subsection C
above.
E. At the time of the hearing before the City Manager or his or her
designee, the person hearing the matter shall hear the proof offered by any
interested party, including full and reasonable opportunity to the owner or
harborer of the animal to provide any information relevant to the questions to
L be considered by the City Manager, or his or her designee. Following the
hearing, the City Manager or his or her designee shall enter findings of fact
and conclusions of law, and issue an order determining whether the animal is
vicious, and what restraint, if any, shall be required. If the City Manager,
or his or her designee, determines that restraint will not be effective, the
City Manager, or his or her designee, may order the animal destroyed. If the
animal is ordered destroyed, the animal shall be forthwith impounded, and shall
be held not less than five (5) days from the date of the order, within which the
owner or harborer of the animal may seek review of the order by the City Council
or by a court of competent jurisdiction. If the City receives no formal notice
of such appeal to the City Council or of the filing of a complaint with a court
of competent jurisdiction to stop the destruction, the animal may be destroyed
after five (5) days of the impoundment.
SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 3. POSTING. The City Clerk shall within 15 days after the
passage of this ordinance, cause it to be posted in at least the three (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 February 15 , 1989, by the • 1 • ing ote:
Ayes: Councilmembers DiGrandi, Hillery,
Krings, Murphy, Mayor Hardie
Noes: None #///Z Absent: None
MA .'
ATT •T:
Olikt Ala ' 0 '• ' I,
CIT CLERK 1
APPROVED AS TO FORM: APPROV 1 AS TO CONTENT:
, .■ , ''
CITY ATTORNEY E
T' MAN,- 'er
HEREBY CERTIFY, UNDER PENALTY OF PERJURY, THAT THE
FOREGOING ORDINANCE NO. 3 WAS DULY ADOPTED
BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA.IN A MEETING THEREOF HELD ON THE 15-4C\_
DAY OF - ,198,1F( , AND THAT SAME WAS POSTED
IN AT LEAST THE TH E PUBLIC PLACES SPECIFIED FOR SUCH
POSTINGS, BY THE SAID CITY COUNCIL.
,u u.
(-ck11. C Y' LERK