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Home My WebLink About540 ORDINANCE NO. 540 ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING TITLE VI, CHAPTER 1, ARTICLE 6 OF THE LOS ALTOS HILLS MUNICIPAL CODE,TITLED "DANGEROUS DOGS AND ANIMALS" WHEREAS, the Town of Los Altos Hills' ("Town") police power, enumerated in article XI, section 7 of the California Constitution, grants it the authority to regulate animals in accordance with health, safety, and welfare of the general public, providing such regulations are not inconsistent with the laws of the State of California; and WHEREAS, California Food and Agriculture Code section 30501 et seq. and California Government Code section 38792 authorize the Town to adopt laws governing the regulation and licensing of dogs; and WHEREAS, California Food and Agriculture section 31683 permits a city to adopt and enforce a local dangerous dog program that is more restrictive than state law. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: Section 1. AMENDMENTS 6-1.603 Dangerous dogs and animals. (a) The Superintendent of the Animal Center shall report in writing to the Town's City Manager concerning any animal the Superintendent is informed is, or believes to be, a dangerous animal. (b) The Towns City Manager or designee shall set a date and time for a public hearing to determine whether such animal is a dangerous animal as defined in Section 6-1.601. Ten (10) calendar days written notice of the time and place for the hearing shall be given to the person who owns or has possession, custody, charge, or control of the animal. The notice shall also indicate that if the animal is determined to be dangerous animal, the animal owner shall be responsible for the costs of the public hearing as set forth in subsection (h). (c) The Town's City Manager or designee shall preside at the hearing and shall summon witnesses, administer oaths, hear testimony, and determine whether the animal is a dangerous animal. (d) In determining whether the animal is a dangerous animal, the Town's City Manager or designee shall consider evidence concerning any bites committed upon persons or other animals by the animal; provided, however, that such evidence shall not be exclusive. An animal may be shown to be dangerous even though it is not proven to have bitten any person or other animal. (e) The Town's City Manager or designee shall issue written findings and a decision, concerning whether the animal is a dangerous animal, within ten (10) working days after the hearing is concluded. Ordinance No.540 Page 1 (f) Once the person who owns or has possession, custody, charge, or control of the animal has been provided written notice of the time and place for the hearing, he or she shall ensure the protection of the public health, safety, and welfare by securely confining the animal, prior to the hearing, at the animal services center or at a facility approved by the Superintendent of the Animal Center. The animal's confinement shall continue, pending the issuance of the written decision of the Town's City Manager or designee following the hearing. All costs incurred as'a result of the confinement shall be the.sole responsibility of the owner, possessor or custodian of the animal. (g) If the animal is determined to be a dangerous animal, the Town's City Manager or designee may revoke the animal's license and order its removal from the Town within twenty- four (24) hours, order its destruction, or grant a permit for possessing a dangerous animal as provided in Section 6-1.604. If an animal is granted a permit, in addition to any permit conditions established pursuant to Section 6-1.604, the animal owner shall pay to the Town the costs of staff administration resulting from ensuring compliance with any permits granted, and shall include the costs of research field investigation, noticing, and city attorney fees. (h) If the animal is determined to be dangerous animal, the animal owner shall pay to the Town the costs of staff administration, as set forth in the Town's fee schedule. Such costs shall be based on the time of staff involved in the hearing process, and shall include the costs of research, field investigation, noticing; city attorney fees and hearing officer costs. (i) It is unlawful for any person to own or have possession, custody, charge, or control of any dangerous animal ordered from the Town by the Town's City Manager or designee pursuant to this section. Any dangerous animal within the Town twenty-four (24) hours after the removal order is issued shall be subject to seizure by Animal Control Officers or the Sheriff. Section 6-1.604. Possessing dangerous or wild animals. (a) It is unlawful for any. person to own or .have possession, custody charge, or control of any elephant, bear, hippopotamus, rhinoceros, ocelot, lion, tiger, alligator, crocodile, leopard, wolf, monkey, squirrel, raccoon, skunk, dangerous dog or other dangerous animal as determined by the public hearing process provided for in Section 6-1.603, venomous or dangerous reptile of any kind without first obtaining a permit from the City Manager or designee. (b) Applicants for such permit shall pay a fee per animal as set forth in the Town's fee schedule. Further, if a dangerous animal permit is granted under this section, the animal owner shall pay to the Town any costs of staff administration resulting from ensuring compliance with any permits granted. These costs may include, but are not limited to, the costs of research, field investigation, noticing, and/or city attorney fees. (c) All permits provided for in this section shall be valid for three years from the date of issuance, unless revoked as provided in this section. (d) Upon receipt of an application for a permit to maintain any of the animals set forth in this section, the City Manager or designee may issue such permit if he is satisfied that such animal will be kept in a safe, secure and humane fashion and without menacing the safety of any Ordinance No.54Q Page 2 person or animal or causing damage to.property. As a condition of granting the permit, the City Manager or designee may require that'such animal be properly caged or tethered and may make and issue regulations regarding the possession or maintaining of such animal within the Town. Any conditions for granting of a permit must be noted on the permit at the time of issuance or at a later date that the City Manager or designee'deems.necessary. Special conditions may include but are not limited to: (1) Keeping the animal confined on the premises in an enclosure approved by the City Manager or designee; (2) Keeping the animal securely muzzled, leashed, and under the control of a person eighteen years of age or older, and who is physically capable of restraining the animal when the animal is either on or off the property of the person having,control, custody, care, or ownership of the animal; (3) Providing financial responsibility for the animal by posting a bond or certificate of insurance to an amount deemed.necessary by the City Manager or designee, which shall not be less than the amountof fifty thousand dollars; (4) Providing for the surgical spaying or neutering of the animal to prevent reproduction. (e) Every violation of a permit condition. issued under this chapter is a separate violation of this code. Further,=any permit issued under this section may be revoked when any provision of this chapter, or any condition or regulation issued by-the City Manager or designee under this chapter, is violated, or when, in the opinion of the chief of police, the safety of any person or animal is menaced or property is likely to be .damaged by the possession or maintenance of such animal. Section 6-1.605 Violation -Misdemeanor Notwithstanding Section 6-1.203, any person who violates any provision of this Article and/or any condition of a permit issued pursuant to this Article shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Chapter 2 of Title 1 of this code. Section 2. SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or,phrase of the Ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this'Ordinance or.any part hereof. The City Council hereby declares that it would have passed each section, subsection, subdivision,paragraph, sentence, clause phrase of the Ordinance irrespective of the fact that one or more of them would be declared unconstitutional or invalid. To this end-,the provisions of the Ordinance are declared to be severable. Section 3. EFFECTIVE DATE AND PUBLICATION. This ordinance shall become .effective thirty (30) days from the date of its passage. Within 15 days after its passage, this ordinance shall be published once, with the names of those City Councilmembers voting for or Ordinance No.540 Page 3 against it, in the Los Altos Town Crier, a newspaper of general circulation in the Town of Los Altos Hills, as required by law. INTRODUCED: July 31, 2012 PASSED: ' September 20, 2012 AYES: Mayor Larsen, Vice Mayor Waldeck, Council Member Mordo, Council Member Radford, Council Member Summit NOES: None ABSTENTIONS: None ABSENT: None BY: _ Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1904155.1 Ordinance No.540 Page 4