ORDINANCE 1258ORDINANCE NO. 1258
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO AMENDING THE EL SEGUNDO MUNICIPAL CODE IN
CONNECTION WITH THE HEARINGS FOLLOWING THE IMPOUNDMENT
OF ANIMALS.
WHEREAS, the City desires to change, modify and /or revise the procedures for
hearings following the impoundment of animals;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. 8.12.140 of the El Segundo Municipal Code shall be amended to read
as follows:
8.12.140 LICENSE - REVOCATION.
The Chief of Police, or his or her designee, shall have, and the Chief of
Police, or his or her designee, expressly reserves the right and power, not withstanding any
other provision, term or condition in this chapter contained to the contrary, to suspend and
also to revoke any dog license issued under the provisions of this division, if at any time
it appears to the Chief of Police, or his or her designee, or the Chief of Police, or his or her
designee, finds that any dog described or referred to in any dog license, or for which any
dog license has or may be issued under this division is vicious, dangerous or apt to bite
or injure any person. (Ord. 431).
SECTION 2. 8.12.150 of the El Segundo Municipal Code shall be amended to read
as follows:
8.12.150 DANGEROUS DOG - IMPOUNDMENT.
Whenever any dog is, in the written opinion of the poundmaster, filed with the
city clerk, vicious, dangerous or apt to bite or injure any person, and is kept in such manner
as to constitute an apparent menace to any person, the dog may be immediately
impounded by the poundmaster or his duly authorized agents, representatives or
assistants. As soon as reasonably possible after the dog is so impounded, or a written
opinion is filed with the city clerk, the owner of the dog, or the person harboring the dog,
or the person to whom the license for the dog was issued or any person whose name
appears therein, shall be notified, either personally or by registered mail addressed to the
person, at the address shown in the license, of the fact of the impounding or of the filing
of the written opinion and that the person or any person interested may appear at a
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hearing, before the Chief of Police, or his or her designee, to be specified in the notice, the
notice of hearing to be served at least forty -eight hours prior to the time of the hearing, and
show cause if the person has, why the dog should not be destroyed. The notification shall
also contain or have attached thereto a copy of the opinion so filed, if any. Upon the
hearing, the Chief of Police, or his or her designee, shall hear all persons who appear and
desire to be heard, and shall thereupon decide whether the dog shall be released,
destroyed or otherwise disposed of, and the decision of the Chief of Police, or his or her
designee, after the hearing, shall be final and conclusive. (Ord.431).
SECTION 3. The preceding Section shall be effective immediately.
SECTION 4. This Ordinance shall be adopted as an urgency ordinance pursuant
to Government Code Section 36934 and shall be effective immediately upon adoption
pursuant to Government Code Section 36937(d). The City Council finds and determines
that the facts of the urgency are: (i) that the City is currently involved in litigation, Los
Angeles Superior Court Case No. BS 037940 (Prosk v. City of El Segundo); (ii) that the
City must hold a hearing in conformance with a Court order issued in said case; (iii) that
in order for the City to comply with the Court's order, the City deems it necessary to
change, modify and /or revise its hearing procedures; and (iv) that the City is required to
have a hearing and file a return to the Court on or before July 15, 1996.
SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining portion of this ordinance or any
part thereof.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be posted as required by law.
This Ordinance, in its entirety, shall be of no further force and effect thirty (30) days
after the date of its adoption.
PASSED, APPROVED AND ADOPTED this 19th day of June, 1996.
ATTEST:
CITY CLERK
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APPROVED AS TO FORM:
4 1 ' "� Q
CITY ATTOAN9Y
STATE OF CALIFORNIA ►
COUNTY OF LOS ANGELES ► ss.
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, do hereby certify that
the foregoing Ordinance No. 1258 was duly adopted and passed at a regular
meeting of the City Council on the 19th day of June , 199&, by the following
four -fifths vote, to wit:
AYES: COUNCILMEMBERS: Jacobs, Friedkin, Weston, and Gordon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Wernick
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CITY CLERK
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