ORDINANCE NO. 438-2017

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEED AMENDING TITLE 6 OF THE MUNICIPAL CODE IN

REGARD TO ANIMALS

The City Council of the City of Weed does ordain as follows:

Section 1. Section 6.04.060 is hereby added to Chapter 6.04, Definitions, of the Weed Municipal Code to read in entirety as follows:

6.04.070 Household pet. “Household pet” means a domesticated animal, including a dog, cat, bird, rodent, rabbit, fish, or reptile, which is traditionally kept in a residence for pleasure, rather than for commercial purposes or consumption. The city council shall have the discretion to identify additional animals as household pets under this section. Upon a showing, satisfactory to the city council, that the keeping of the animal will not disturb the occupants of other properties, constitute a danger to persons, property, or other animals, it may issue a special animal permit for such animal pursuant to this title on such terms and conditions as the city council may deem appropriate.

Section 2. Sections 6.12.050 and 6.12.060 of Chapter 6.12, Control and Impoundment of Dogs, of the Weed Municipal Code are revised to read in entirety as follows:

6.12.050 Vicious dog defined. Under this chapter, a vicious dog is any of the following: A. Any dog which, on one or more occasions, has bitten any person, other than his owner or a trespasser upon private premises wherein such dog is kept, or which bites any other dog while on public property or upon private property other than the property wherein the vicious dog is kept.

 B. Any dog which is described as a “potentially dangerous dog” under Food & Agriculture Code section 31602, or “vicious dog” under Food & Agriculture Code section 31603.

6.12.060 Impoundment – Procedure.

 A. A city law enforcement officer, animal control officer, or other designated official may apprehend or cause to be apprehended any dog found running at large contrary to the provisions of this title. Such dog may be impounded in a suitable place designated for such purpose.

 B. Appropriate identifying and any licensing information concerning each impounded dog shall be entered and kept in the city records.

Section 3. Sections 6.12.052, 6.12.054 and 6.12.056 are hereby added to Chapter 6.12, Control and Impoundment of Dogs, of the Weed Municipal Code to read in entirety as follows

6.12.052 Impoundment of vicious dog. A city law enforcement officer, animal control officer, or other designated city official may cause a vicious dog to be impounded in a suitable place designated for such purpose.

6.12.054 Vicious dog as nuisance. The keeping, harboring, or maintaining in the city of any vicious dog is contrary to public safety and is a public nuisance and a violation of this code, and punishable and enjoinable as such.

6.12.056 Alternative enforcement. In addition, or as an alternative, to abatement and enforcement as provided in this code, the provisions of Division 14, Chapter 9 of the Food & Agriculture Code, beginning with section 31601, may be utilized by the city to regulate and control vicious dogs.

Section 4. Sections 6.13.020 and 6.13.040 of Chapter 6.13, Other Animals, of the Weed Municipal Code are revised to read in entirety as follows:

6.13.020 Exception - Household pets. Dogs, cats, and other household pets as defined in section 6.04.070, and any animals confined to aquariums or other containers, in reasonable numbers, and which do not interfere with the use and quiet enjoyment of other private properties or any public property, or constitute a health or safety hazard, shall be exempt from the permit requirement of this chapter.

6.13.040. Special animal permit. A. Permit required. The keeping of animals regulated by this chapter is allowed only upon the issuance of a special animal permit.

 B. Procedure. The city manager or designee shall specify the form of the application and other required information for the special animal permit. He/she shall determine whether a permit shall issue based upon whether it complies with this chapter and shall issue written findings in the event an application for a permit is denied, in whole or part. If the permit is to be issued without special terms or conditions, it may issue immediately and without reference or recommendation to the city council, the decision of which shall be final. The city council may, by resolution, adopt and revise standard terms and conditions for the issuance of all such permits.† The city manager may recommend additional special terms and conditions pursuant to subsection D, below.

 C. Appeal of denial. The denial in whole or part of an application for a permit shall be appealable to the city council at any time.

 D. Conditions. The city officer considering the application for the permit may specify the recommended terms and conditions of its issuance, including but not limited to its duration, the types and number of animals allowed, the manner in which they are to be housed and kept, fencing and other barriers, noise control, odor control, safety, lighting, setbacks, the collection and disposal of waste, and the retention of public liability insurance by the responsible party. If such special terms or conditions are imposed, the permit shall not be issued immediately; instead, the city manager shall make a written recommendation to the city council.

 E. Approval of recommendations. The city officer's written recommendations shall be submitted to the city council for its consideration and approval. The applicant and any other person with concerns about the issuance of the permit or the city manager's recommendations may comment upon the same, in writing or at the city council meeting.

 F. Revocation. A special animal permit may be revoked pursuant to section 6.13.070 of this title.

 G. Notices. Notice of the filing of an application for a special animal permit shall be mailed to the owners of all properties immediately adjoining the property where the subject animals are to be kept, except where the owner of the adjoining property is the State of California or a public utility.

 H. Fees. The city council may, by resolution or ordinance, from time to time specify the fees to be paid to the city as a condition or applying for a special animal permit, or to appeal its denial, which fees shall be for the purpose of recovering the city's actual costs to process the application or appeal.

Section 5. Section 6.13.090 is hereby added to Chapter 6.13, Other Animals, of the Weed Municipal Code to read in entirety as follows:

6.13.090 Impoundment of animals.

 A. Impoundment – notice. The city’s animal control officer or other person designated by the city manager may impound any animal found on public or private property in violation of this chapter. Not later than two (2) business days after impounding such an animal, the owner, if known, shall be notified. The notice shall describe the animal and the time and place of taking. Such notice may be given by personal service or by mail. If the owner is not known, written notice of the impoundment shall be posted within said time at a conspicuous public place at the city hall.

 B. Redemption. The owner of an animal impounded pursuant to this chapter may reclaim such animal upon payment of charges for the impoundment and keeping of the animal. A schedule of such charges shall be adopted from time to time by the city council upon recommendation of the city manager. In addition, the city may require the payment of actual veterinary fees and expenses. In the event any owner of an impounded animal fails to pay the redemption fees, said owner shall be liable to the city for the same.

 C. Disposition of animals. If an impounded animal is not redeemed by its owner within seven (7) calendar days after the personal service or mailing of notice of the impoundment, at any time thereafter the city may dispose of the animal by public or private sale, donated to any non-profit charitable entity, or be humanely destroyed, without further notice to the owner. If any impounded animal is seriously injured or suffering from serious disease, it may be humanely destroyed at any time.

Section 6. The city attorney is hereby authorized to prepare a summary of the ordinance as required by Government Code Section 36933.

Section 7. The city clerk is hereby authorized to publish the summary and post certified copies of the full text of the proposed and then adopted ordinances as required by Government Code Section 36933.

Section 8. This ordinance shall take effect and be in force thirty (31) days after its passage.

Section 9. This ordinance shall be published in the Weed Press, a newspaper of general circulation in the City of Weed, within fifteen (15) days after its passage.

I HEREBY CERTIFY the foregoing ordinance was introduced for first reading at a regular adjourned meeting of the City Council of the City of Weed held the 15th day of June, 2017, and thereafter adopted at a regular meeting of said Council held the 13th day of July, 2017,by the following vote to wit:

AYES: Council Members Green, Palfini and Tavalero

NOES: None

ABSENT: Council Members Greene and Hall

/s/ Ken Palfini, Mayor, City of Weed

ATTEST:

/s/ Deborah Salvestrin, City Clerk, City of Weed

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