Dos Palos Municipal Code § 6.08 Animals

This ordinance is enacted to enable the City of Dos Palos to provide its citizenry, especially children, with reasonable peace of mind and safety, while in the presence of public areas, business and commercial zones, parks, streets, schools, and thoroughfares,

A. A city-defined potentially dangerous dog is any dog (canine), regardless of age, breed, color, mix, or size, which or in which: 1, is deemed by the City Council, City Manager, Public Safety Director, Chief of Police, Code Enforcement Officer, or Animal Control Officer to constitute a potential danger to the public or to public safety. 2, was bred for the purpose of comhat, or pit "fighting, 3. is ill, injured, or malnourished. 4. has attempted to attack, bite, harass, interfere with, intimidate, scratch, or threaten, any persor. or persons, in any confined or unconfined area, 5. has attempted to attack, bite, harass, intimidate,· scratch, or threaten, any other animal. 6. was previously documented or reported to have attacked, bitten, harassed, interfered with, intimidated, scratched, or threatened, any citizen, peace officer, city employee, public utility worker, postal service e:nployee, delivery service employee, candidate for public office, political campaign representative, or student traveling to or from school. 7. has escaped the owner's ability to control by leash, harness, or confinement. 8. the owner is unable to control or keep at least ten feet in distance from any other person or-animal.

9. has escaped an impound..et facility or private premises of confinement. 10, does not have from the City of Dos Palos, an active, current, or valid dog license, or proof of vaccination, regardless of status from any othe= agency,

11. is dangerous, hazardous, mean, or vicious.
12. has violated a restriction found in 6,08.040.

A. The City shall maintain ~n inventory of currently licensed dogs. B, Any dog, regardless of age, breed, color, mix, or size; regardless whether purebred, breed registered, whole, cross, mixed, or part, which was not licensed by the City of Dos Palos before April 4, 2004 shall be subject to this chapter, and all of its conditions, including section 06.08,040 Restrictions. c. Any dog, regardless of age, breed, color, mix, or size; regardless whether purebred, breed registered, whole, cross, mixed, or part, which is or resembles the appearance, character, or qemeanor, of ar.y Pit Bull, Pit Bulldog, Bulldog, Bullmastiff, English Bulldog, Frecch Bulldog, Boston Terrier, Boxer, Staffordshire Terrier, Chow, Chow Chow, Doberman Pinscher, or Rottweiler, which was not licensed by the City of Dos Palos before April 4 ,_ 2004 shall be subject to tr.is chapter, and all of its conditions, including section 06,08.040.

A, A City-Defined Potentially Dangerous Dog or Any dog subject to ttis chapter shall not be allowed within 300 feet, of, in, or on, any of the following areas: 1. Any public or privately owned park, playground, or recreational area, within the city's corporate limits. 2. Any city curb, gutter, sidewalk, approach, street, avenue, alley, bridge, path, or other thoroughfare. 3. Any city or municipal parki~g lot. 4. Any day care, nursery, adult, private, or public, school. 5, Any church, cemetery, clinic, hospital, or rr.useum within the city's corporate limits.

6, Any business or co11Lercial zone. 7. Any city-owned property, city hall, fire station, police station, corporation yard, water plant, or wastewater treatment facility. 8. Any property in w:i.ich a-property owner has a written rental agreement with a tenant which prohibits dogs or pets in general. 9. Any property in which annexation to the city is recorded after April 4, 2004, 10, Any new residential development or subdivision with a final map recorded after April 4 1 2004. 11. Any area in which an association or property owner has recorded a Condition, Covenant, or Restriction prohibiting the presence of possibly harmful dogs or or dogs subject to this chapter, 6.08.050 Requirements. A. Coverage, The owner of any city-defined potentially dangerous dog, or the owner of any dog subject to this chapter shall be required to provide p:r:oof of current liability coverage of one million dollars ($1 1 000,000) or more per dog, prior to obtaining a city dog license or prior to relae from impoundment. B. Insurance, Tie owner of any city-defined potentially dangerous dog 1 or the owr.er of ar,y dog subject to this chapter shall be required to provide proof of tenant or homeowner's insurance acknowledgement and coverage with the presence of said dog within a residencial unit or lot 1 prior to obtaining a city dog license or prior to release from impoundment. C. Vaccination 1 Neutering/Spaying. In addition to any other licensing requirements, such as vaccination, found in Title 6 pertaining to dogs, any imponded city-defined potentially dangerous dog, or any dog subject to this chapter shall be spayed or neutered a~ owner expense 1 prior to release from impoundment. D, Additional Requirenents. The City Council, City Manager I or Chief of Police, may impose additional conditions upon a city-defined potentially dangerous dog or any dog subject to this chapter in order to preserve 1 protect 1 or defend the public safety of any citizen. E, Any city-defined potentially dangerious dog or any dog subject to this chapter which does not meet all of the conditions contained herein before the fifth working day of impoundment, shall be humanely destroyed and properly disposed,

A, The City may impound any dog it deems in violation of any provision of this chapter, B. The Ci~y shall provide a means for citizens to report by telephone call, the location or incidence of a city-defined potentially dangerous dog, or any dog subject to this chapter, c. All conditions and provisions found in other chapters of Title 61 inc:uding Chapter 6.09 Dangerous Dogs, pertaining to dogs, may be applied to any city-defined potentially dangerous dog or any dog subject to this chapter. D, The City Manager shall have the full authorization granted to the Chief of Police in 6.09 Dangerous Dogs to enforce the provisions of this chapter. E. All provisions of this chapter may be applied in addition to any provisions. found elsewhere in Title 6 pertaining to dogs, F. Should a conflict in any policy, procedure, or provision, exist within Title 6 pertaining to city-defined potentially darigerous dogs, or any dog subject to th.is chapter, the more extreme or more stringent requirement shall take precedence. G. Any city-defined potentially dangerous dog, or any dog subject to this chapter, which does not meet all of the conditions herein before the fifth working day of impoundIT.ent, shall be humanely destroyed and properly disposed.

A, This chapter shall be considered severable sho~ld any portior. of ~ts content be found by a court of law to be invalid, the remainder portior.s o: the chapter shall remain in full force. Council Action:

At a regular meeting of the City Council held on February 3, 2004, it was moved by Mayor pro Tempore Montejano and seconded by Councilmember Burns to Waive the First Reading of Ordinance 363, The motion passed 4-0 (Bunt.ho££ absent). It was then moved by Mayor pro Tempore Montejano and seconded by Councilmember Burns to Introduce Ordinance 363. A Public Hearing was opened at 6:45 pm. Various citizens spoke in favor of said ordinance, The Public Hearing was closed at 6:50 pm. The motion to .introduce passed 4-0 (Bunthoff absent).

At the regular city council meeting held on February 17, 2004, it was moved by Mayor pro Tempore Montejano and seconded by Councilmernber Bunthoff to Waive the Second Reading of Ordinance 363. A second public hearing was opened at 6:43 pm. One person asked if a dog would get picked up by this ordinance if it got out of a confined back yard into an unconfined front yard. Staff responded that if the dog violates the ordinance it will be picked up under this ordinance, however, an uncontrolled dog violates the city's leash law and could be picked up under existing code. No one else requested to speak. The second public hearing was closed at 6: 45 pm. It was ther. moved by Mayor pro Tern Montejano and seconded by Councilmernber Stewart to adopt Ordinance 3 63. The motion passed on a 5-0 vote. With final passage and adoption, Ordinance 363 became effective thirty days after adoption, which was· March 18, 2004, and is now published in The Dos Palos Sun, an adjudicated newspaper of general' circulation available within the corporate limits of the City of Dos Palos. Attested by

Alice Thompson, 1City Clerk

Note: As of July 2004 state law provides that six calendar days pass before a dog may be humanely destroyed.

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6.09.010

Chapter 6.09 mal. Such preventative measures include, but are not
limited to, keeping the dog in a secured enclosure,
DANGEROUS DOGS and keeping it on a secure leash.
C. In addition to serving the owner with the

Sections: above described findings and/or orders, the chief of

A. Toe chief of police or his/her designee shall If the owner of the dangerous dog, after having investigate all reports of dogs that have attacked, been informed by the chief of police or his/her bitten, scratched, harassed, or intimidated any person designee pursuant to Section 6.09.010 of this chap- or persons or animals to determine whether the dog ter of the steps which must be taken by the owner constitutes a danger to the public. In making such to alleviate the dog's dangerousness, has not taken investigation, the chief of police or his/her designee such steps within five calendar days after receiving shall take the following factors into consideration: notice of such order, the chief of police or his/her I. The nature and severity of the reported attack, designee shall thereafter have the authority to im- biting, harassing, or intimidation; pound the dog. (Ord. 316 (part), 1993) 2. Toe size, age, and breed of the dog; 3. Toe ability of the owner to control the dog; 6.09.040 Hearing request. 4. Toe facilities on the premises where the dog The owner of any dog impounded pursuant to is kept to confine the dog; Section 6.09.020 or 6.09.030 of this ch:ipter shall 5. Any prior incidents of attacks, biting, harass- have five working days from the date of the im- ment or intimidation by the dog undi:;r investigation. poundment to contact the chief of police or his/her B. If, after completing the investigation, the designee in writing and request a hearing to protest chief of police or his/her designee determines that the impoundment and possible destruction of the the dog constitutes a danger to the public, the chief dog. (Ord. 316 (part), 1993) of·police or his/her designee shall issue an order in writing to the dog's owner infonning the owner of 6.09.050 Abandonment. the fmding of dangerousness and directing the own- If, after five working days from the date of the er to take whatever measures or actions the chief of impoundment, the owner has not contacted the chief police or his/her designee deems are appropriate and of police or his/her designee to request a hearing, feasible to prevent the dog from biting, attacking, the impounded dog shall be deemed abandoned and harassing, or intimidating any person or other ani- the chief of police or his/her designee may thereafter

102-5 (Dos Palos 9-98)

6.09.050

humanely destroy and dispose of the dog. (Ord. 316 may stay such return until the owner of the dog (part), 1993) takes whatever steps the city council deems neces- sary and feasible to prevent the dog from again

• If the chief of police or his/her designee receives (P,art), 1993) a timely written request for a hearing, the chief of police or his/her designee shall immediately request 6.09.090 Destruction. a hearing before the city council at their earliest Should the owner not take the preventative mea- possible regular council meeting. It shall be the sures ordered by. the city council within fourteen chief of police or his/her designee 's responsibility calendar days of its decision, the dog shall be to notify the owner of the animal of the time and deemed abandoned and thereafter be humanely place of the hearing as soon as the hearing has been destroyed and disposed of by the chief of police and officially scheduled. his/her designee. (Ord. 316 (part), 1993) The city council shall hear and consider any rele- vant evidence concerning, (a) whether the dog is 6.09.100 New owner and address. dangerous or vicious, (b) whether the owners have The owner of any dog which has been determined failed to take the steps to minimize the dog's dan- to be a dangerous dog by the chief of police or gerousness as ordered by the chief of police or his/her designee shall notify the chief of police or his/her designee, and (c) whether there are any his/her designee in writing of any change in the courses of action short of destruction of the dog owner's residence or of any transfer of ownership which can be taken which will both allow the dog or transfer of custody of the dangerous dog within to live and insure the public safety. (Ord. 316 (part), three calendar days of such change in residence or 1993) transfer of ownership or of custody and shall pro- vide chief of police or his/her designee with the

At the hearing, the chief of police or his/her address and the telephone number of the new owner designee shall bear the burden to prove, by a pre- or custodian. (Ord. 3 I 6 (part), 1993) ponderance of the evidence, that the dog is danger- ous and that destruction of the dog is necessary to 6.09.110 Immediate destruction. protect the public safety. However, proof of the Nothing in this section shall prevent the chief of failure of the owner to take the steps ordered by the police or his/her designee, or any of his officers or chief of police or his/her designee within the time agents, from destroying a dog which is observed by specified pursuant to Section 6.09.010 of this chap- the officer in the act of biting, mauling, attacking, ter, or evidence of a prior failure of the owners to or seriously intimidating any person or persons if comply with any order of the chief of police or such immediate destruction is reasonably necessary his/her designee or of the city council involving the to protect the public safety. (Ord. 316 (part), 1993) same dog, shall constitute prima facie evidence that no alternative short of destruction of the dog exists 6.09.120 Entry on private property. to protect the public safety. (Ord. 316 (part), 1993) The chief of police or his/her designee is autho- rized to enter upon private property to investigate 6.09 .080 Council decision. and impound animals pursuant to this article. (Ord. Following the hearing, the city council shall issue 316 (part), 1993) a written decision upholding the decision to destroy the dog or ordering that the dog be returned to its 6.09.130 Impound fees. owners. If the council orders return of the dog, it Impound fees will be charged for each day of im-

(Dos Palos 9--98) 102-6

6.09.130

poundment as specified in this code. (Ord. 316 (part), 1993)

102-7 (Dos Palos 9-98)

6.10.010

Chapter 6.10 6.10.030 Barking dog(s).
It is unlawful for any person to knowingly keep

ANIMAL NUISANCES AND BARKING or harbor any dog which displays loud or habitual DOGS or chronic barlcs, howls, noises or yelps to the dis- comfort of the peace and quiet of the neighborhood Sections: who are of ordinary sensibilities. Violation of this

"Animal nuisance" shall mean such actions or be- or 6.10.030 is an animal nuisance for purposes of haviors of an animal within the Dos Palos city limits Section 6.10.010. (Ord. 320 (pan), 1993) (excluding those agricultural activities pexmitted by County of Merced Code) which interfere with the 6.10.050 Enforcement. rights of persons to the enjoyment oflife or proper- A. The chief of police or his/her designee, which ty by creating chronic or habitual annoyance, distur- may include the animal control officer, shall have bance, or discomfon to neighbors or others in close the authority to enforce this chapter. proximity to the premises where the animal is kept, B. The procedure for abatement of an animal harbored, or maintained, and shall include, but not nuisance shall be the same as the procedure for be limited to the following: abatement of a dangerous dog as described in Chap- A. Making loud or disturbing barks, howls, ter 6.09 of this title, Sections 6.09.010 through noises or yelps; 6.09. 130. (Ord. 320 (pan), 1993) B. Making chronic or habitual barks, howls, noises, or yelps; C. Causing unsanitary conditions in enclosures or surroundings; D. Causing fouling of the air by the unpleasant odor of accumulated fecal waste or urine; E. Causing offense or danger to public health, safety, or welfare by vinue of the number or types of animals maintained. (Ord. 320 (pan), 1993)

A. "Batidng dog" means any canine breed which displays loud or habitual or chronic barlcs, howls, noises or yelps to the discomfon of the peace and quiet of the neighborhood who are of ordinary sen- sibilities. B. "Chronic" means for a long duration. C. "Habitual" means on more than one occasion (Ord. 320 (pan), 1993)

(Dos Palos 9-98) 102-8

ORDINANCE 365 AN ORDINANCE OF THE CITY OF DOS PALOS AMENDING THE DOS PALOS MUNICIPAL CODE BY ADDING CHAPTER 05.11 The City Council of the City of Dos Palos hereby ordains that the following be added and adopted into the Municipal Code: CHAPTER 06. 11 POSSIBLY HARMFUL DOGS

6.11 010 Purpose Ths ordinance is enacted to better enable the City of Dos Palos to provide its citizenry, especially cnildren, with reasonable peace of mind and safety, w:-iile in the presence of public areas, business and commercial zones, parks, streets, schools, and thoroughfares. 6.11 .020 Definitions A. A Possibly Harmful Dog is any dog (canine), regardless of age, breed, color, mix, or size, which or in which: 1. is deemed by the City Council, City Manager, Public Safety Director, Chief of Police, Code Enforcer:ier.t Officer, or Animal Cor.trol Officer to constitute a possible hao:-m to the public or to public safety. 2. was b:ced for t.he purpose of corrbat, or pit fighting·. 3. is ill, injured, or f'\alnourisl:-ced. 4. has attempted to attack, bite, b.arass, interfere with, intimidate, scratch, or threaten, any person or persons, in any confined or unconfined area. 5. has attempted to attack, bite, harass, intimidate, scratch, or threaten, any otheo:-.animal. 6. was previously docuDented or reported to have attacked, bitten, harassed, interfered with, intimidated, scratched, or threatened, any citizen, peace officer, city employee, public utility worker, postal service employee, delivery service employee, candidate for public office, political campaign representative, or student traveling to or fro:n school. 7. has escaped the owner's ability to cor.trol by leash, harness, or confinement.

8. the ow,1er is unable to control or keep at least ten feet
ir: distance fro:n a,1y other person or animal.

9. has escaped an impoundment facility or private premises of confineme:it. 1 0. does not have from the City of Dos Palos, an active, current, or valid dog license or proof of vaccination, regardless of status from any other agency. 1 I . is da·ngerous 1 hazardous, mean, or visious.

   12. has violated a restriction found in 6.11 .040.

   6.11 .03C Applicability (Dogs Subject to this Chapcer). A. The City sh2.ll maintain an inventory of currently licensed dogs. B. Any dog, regardless of age, breed, color, mix, or size; regardless whether purebred, breed registered, whole, cross, mixed, or part, which was not licensed by the City of Dos Palos before April 4, 2C04 shall be subject to this chapter, and all of its conditions, including section 6.11 .040 Restrictions. C. Any dog not subject to 6.11.030-A or B which is in violation of any section of this chapter, including, but not li;ni ted to, Restrictions or Requirements, shall be sctbject to this chapter.

10. 11 . 040 Restrictions. A. Any dc,g shall not be allowed within 300 feet, of, in, or on, any of the following areas, and shall be subject to any or a.11 conditions of this chapter • including Requirements, impoundment, and humane destruction:

    1. Any public or privately owned park, playground, or recreational area, within the city's corporate limits.
    2. Any city curb, gutter, sidewalk, approach, street, avenue, alley, bridge, path, or other thoroughfare.
    3. Any city or municipal parking lot.
    4. Any day care, nursery, adult, private, or public, school.
    5. Any church, cemetery, clinic, hospital,' or museum within the city's corporate limits.
    6. Any business c,r commercial zone.
    7. Any city-owned property, city hall, fire station, po:ice station, corporation yard, water plant, or wastewater treatr.ient facility.

11. Any property in which a property owner has a writte:1 rental agreement with a tenant which prohibits dogs or pets in general.

    9. Any property in which annexation to the city is recorded after January 1, 2004.
    10. Any new residential development or subdivision with a

    final map recorded after January 1 , 2004.

    11 . Any area in which an association or property owner has recorded a Condition, Covenant, or Restriction prohibiting the presence of dogs, possibly harmful dogs, or dogs subject to this chapter.

6.11 .050 Requirements. A. Coverage. The owner of any Possibly Harmful ·Dog, or the owner of any dog subject to this chapter shall be required to provide proof of current liability coverage of one million dollars ($1,000,000) or more per dog, prior to obtaining a city dog license or prior to release from impound:nent. B. Insurance. The owner of any Possibly Harmful Dog, or the owner of any dog subject to this chapter shall be required to provide proof of tenant or homeowner's insurance , acknowledgement and coverage with the presence of said dog within a residencial unit or lot, prior to obtaining a city dog license or prior to release from impoundment. c. Vaccination, Neutering/Spaying. In addition to any other licensing requirements, such as vaccination, found in Title 6 pertaining to dogs, any impounded Possibly Harmful Dog, or any clog subject to this chapter shall be spayed or neutered at owner expense, prior to release from impoundment. D. Additional Requirements. The City Council, City Manager, or ctief of Police, may impose additional condi tior.s upon a Possibly Harmful Dog or any dog subject to this chapter in order to preserve, protect, or defend the public safety of any citizen. E. Any Possibly Harmful Dog or any clog subject to this chapter which does not meet all of the conditions contained herein before the fi::th workil'.g clay of im;ioundment, shall be humanely destroyed and properly disposed.

6.11 .060 Enforcemen~

A. The City may impound any dog it deems in violation of any provision of this chapter.

B. The City shall provide a means for citizens to report by telephone call, the location or incidence of a possibly harmful dog, or any dog subject to this chapter. C. All conditions and provisions found in ot':ler chapters of Title 6, including Chapter 6.09 Dangerous Dogs, pertaining to dogs, may be applied to any possibly harmful dog or any dog subject to this chapter. D. '::he Ci.ty Mar:ager shall have the full authorization granted to the Chief of Police in 6.09 Dangerous Dogs to enforce the provisions of this chapter. E. All provisions of this chapter may be applied in addition to any provisions found elsewhere in Title 6 pertair:ing to dogs. F. Should a cor:flict in any policy, pcocedure, or provision, exist within Title 6 pertaining to possibly harmful dogs, or any dog subject to this chapter, the more extreme or more strir:gent requirement shall take precedence. G. Any Possibly Harmful Dog, or any dog subject to this chapter, which does not meet all of the conditions herein before the fifth working day of impound.T<ent, shall be humanely destroyed and properly disposed.

6. 11. 070 Severability. A. This chapter shall be considered severable should any portion of its content be found by a court of law to be invalid, the rerr.ainder portions. of the chapter shall re:nain in full force.

Council Action: At a regular meeting of the City Council held on March 16, 2004, it was moved by Councilmember Burns and seconded by Councilmember Stewart to Waive the First Reading of Ordinance 365. The motion passed 4-0 (Montejano absent). It was tben □oved by Councilmerrber Bur::1s and seconded by Councilmember Stewart to Introduce Ordinance 365. A Public Hearing was opened at 6:30 pm. No one req·1ested to speak. The Public Hearing was closed at 6:31 pm. The motion to introduce passed 4-0. At the regular city council meeting held on April 6, 2004, it was moved by Councilme:nber Burns and seconded by Councilmember Stewart to Waive the Second Reading of Ordinance 365. A second public hearing was opened at 6:41 pm. No one requested to speak. The second public hearing was closed at 6:42 pm. It was then moved tc adopt Ordinance 365 by Ccuncilmember Burns and seconded by Mayor pro Tern Montejano. The motion passed 0::1 a 5-0 vote.

With fial passage and adoption, Ordinance 355 became effective on May 7, 2004 and was published in The Dos Palos Sun, an adjudicated newspaper of general circulation available within the corporate limts of the City of Dos Palos.

Attested by:

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