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ORDINANCE 1457ORDINANCE NO. 1457 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 6- 2-13, 6 -3 -2, 6 -3 -3, 6 -3 -6, 6 -5 -5 AND 6 -5 -6 REGARDING THE REGULATION OF ANIMALS WITHIN THE CITY'S JURISDICTION. The Council of the City of El Segundo does ordain as follows: SECTION 1: El Segundo Municipal Code ( "ESMC ") § 6 -2 -13 is amended to read as follows: "6 -2 -13: CRITERIA FOR APPROVAL: The director may issue or renew the permit if: A. Issuing a permit will not adversely affect the public peace, health or safety; B. Keeping of the animal will not violate any applicable laws; and C. That the facilities for keeping such animals are humane and adequate under the circumstances as to noise, security and sanitation." SECTION 2: ESMC § 6 -3 -2 is amended to read as follows: "6 -3 -2: LICENSE TAGS: A. Contents: Each year the city will procure a sufficient number of suitable metallic license tags to meet the requirements of this chapter. B. Duplicate: The city council will by resolution establish a fee for issuing a license and metallic tag to replace a lost license or tag. C. Affixing To Dog Collar: The owner of any dog upon which the license fee has been paid will securely fasten the metallic license tag upon a suitable collar and securely fasten the collar with the tag attached thereto upon the dog. A dog harness or other device may be substituted in lieu of the collar, if so desired." SECTION 3: ESMC § 6 -3 -3 is amended to read as follows: "6 -3 -3: LICENSE APPLICATIONIRENEWAL: The city will print a sufficient number of applications to meet the requirements of this chapter. The applications will provide for the description of the dog for which the license fee is paid and the name and address of the owner of the dog. The receipts will also designate the rabies vaccination date and the sex of the dog for which the license fee has been paid." SECTION 4: ESMC § 6 -3 -6 is amended to read as follows: "6 -3 -6: RABIES CONTROL: Page 1 of 7 A. Vaccination Required; Exception: Every dog in the city over the age of four (4) months must be vaccinated against rabies B. Revaccination: Every person keeping, harboring or having a dog in the city that has been vaccinated with chick embryo vaccine will cause the dog to be revaccinated within a period of not more than two (2) years after the prior vaccination. 2. Every person keeping, harboring or having a dog in the city which has been vaccinated with tissue phenolized vaccine will cause the dog to be revaccinated with rabies vaccine within a period of not more than one year after the prior vaccination. C. Vaccination Certificate Issuance: Every person practicing veterinary medicine in the city who vaccinates a dog with rabies vaccine will issue to the person keeping, harboring or having the dog a certificate, which is signed by the veterinarian and which states thereon the name and description of the dog, the date of the vaccination and the type of vaccine used. D. Certificate: Every person applying for a dog license will exhibit a rabies vaccination certificate issued by a person licensed by the state or any other state or nation to practice veterinary medicine, which certificate will show that the dog for which the license will be issued either: Was vaccinated in accordance with this chapter; or Should not be vaccinated with rabies vaccine by reason of age, infirmity or other disability, which disability is shown on the face of the certificate and to the satisfaction of the person issuing the license to be in effect at the time." SECTION 5: ESMC § 6 -5 -5 is amended to read as follows: "6 -5 -5: IMPOUNDMENT OF DOG WITHOUT TAG. A. The director may capture and impound any dog found within the city limits that is not wearing a valid license tag conforming to the provisions of this chapter. B. The director may enter private property in accordance with applicable law to examine or capture any dog suspected of being in violation of the provisions of this code or is suspected of being rabid or infected with rabies." SECTION 6: ESMC § 6 -5 -6 is amended to read as follows: Page 2 of 7 "6 -5 -6: DANGEROUS DOGS; IMPOUNDMENT; HEARING: A. Impoundment: Whenever any dog is, in the written opinion of the director, vicious, dangerous, potentially 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 director. B. Notice of Impoundment. 1. The director must provide written notice to the owner /guardian of the specific behavior of the animal alleged in the petition and the date upon which a hearing will be held to consider the petition. The hearing must be held promptly within no less than five working days nor more than ten working days after service of notice upon the owner /guardian of the animal as set forth by the Food and Agricultural Code § 31621. The notice must advise the owner /guardian of the consequences of a finding of potentially dangerous or vicious. 2. Where the owner /guardian's address of any animal is unknown, notice of the hearing must be given by posting the same in the Police Department and by publication in a newspaper of general circulation. Notice must then be deemed given on publication of the notice. C. Hearing; Procedures. A hearing on whether a dog is declared potentially dangerous or vicious must be conducted in the following manner: If the director has investigated and determined that probable cause exists to believe that a dog is potentially dangerous or vicious, a hearing must be conducted. The director must prepare a petition specifying the basis as to why the dog is potentially dangerous or vicious. 2. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the director to find probable cause must be sworn to and verified by the complainant and must be attached to the petition. The city manager, or designee, must designate a hearing officer. The hearing officer must conduct a hearing on whether a dog must be declared potentially dangerous or vicious. 4. The hearing must be open to the public and the hearing officer may admit into evidence all relevant evidence, and exercise the full scope of authority set forth in Food and Agricultural Code § 31621. A hearing may be continued if the hearing officer deems it necessary and Page 3 of 7 proper or upon a showing of good cause. 6. If the owner /guardian fails to appear at the hearing, the hearing will nevertheless proceed and an appropriate order must be issued. 7. The hearing officer must consider all relevant responsible evidence without regard to the formal rules of evidence, including circumstances of mitigation, and the record of any prior violations by the owner /guardian. 8. The hearing officer must issue a written determination based upon a preponderance of the evidence, which must be mailed to the owner /guardian within seven days after the hearing is completed. 9. The hearing officer's decision is final. There is no right to a city council appeal. D. Designation of Animal. If an animal is found to be potentially dangerous or vicious by a preponderance of the evidence, the animal must be so designated on the records of the animal services agency. Such a designation must be considered in future determinations involving the animal and /or owner /guardian. E. Surrender Of Dangerous Dog: Any dog declared after a hearing to be dangerous, if not already impounded by the department, will be immediately surrendered to the department. F. Microchipping Before Release: If at the conclusion of the hearing the hearing officer determines that the dog will be released, the dog must have a microchip imbedded subcutaneously in accordance with industry standards before being released to the owner. The microchipping will be at the owner's expense. G. Waiver. The owner of a dog for which a potentially dangerous petition has been issued may irrevocably waive rights to a hearing and any further appeal under Food and Agricultural Code § 31622 and accept all conditions, sanctions and penalties set forth in Food and Agricultural Code §§ 31641, 31642 and 61643. The director will mail a waiver form to the dog owner /guardian. The waiver must be signed by the dog owner /guardian and received by the director within thirty days from the date of agreement to waive or a hearing will be scheduled within thirty days of the agreement to waive. H. Additional Fees. In accordance with Food and Agricultural Code § 31641, the owner /guardian of a potentially dangerous dog must in addition to the regular licensing fee, pay to the city an annual fee as may be established by city council resolution for the increased costs of maintaining the records of the dog. Page 4 of 7 2. The owner /guardian of a dog determined to be vicious must, in addition to the regular licensing fee, pay to the city an annual fee as may be established by separate city council resolution to provide for the increased costs of maintaining the records of the dog. Registration of Animal. The owner /guardian of a vicious dog must, within ten days of such determination, upon request by the city present said animal at the animal services agency and allow photographs and measurements of the animal to be taken for purposes of identification. Undesignation of Animal. The owner /guardian of a dog found potentially dangerous, who has no additional violations of any of the provisions of this title, within a thirty - six -month period from the date of designation as potentially dangerous, must be removed from the list of potentially dangerous dogs by the director. The dog may be, but is not required to be, removed from the list of potentially dangerous dogs before the expiration of the thirty- six -month period if the owner /guardian of the dog demonstrates to the director that changes in circumstances or measures taken by the owner /guardian, such as training of the dog, mitigated the risk to public safety. 2. The owner /guardian of a dog found vicious, who has no additional violations of any of the provisions of this title, after a thirty- six -month period from the date of designation as vicious, may apply to the director to remove the animal from the list of vicious animals. The director has the discretion to remove the animal from the list of vicious animals upon proof of the successful completion of at least eight weeks of formal obedience training, other similar evidence of training, or other rehabilitative efforts designed to mitigate the risk to public safety." SECTION 7: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end; the provisions of this Ordinance are severable. SECTION 8: Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. Page 5 of 7 SECTION 9: Ongoing Prosecution. Repeal or amendment of any provision of the ESMC will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 10: Reversion. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other City Ordinance by this Ordinance will be rendered void and cause such ESMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 11: Recordation. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of E1 Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 12: Effectiveness. This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this 21s` day of De ric Busch, Mayor Page 6 of 7 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1457 was duly introduced by said City Council at a regular meeting held on the 7`h day of December, 2010, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 21" day of December, 2010, and the same was so passed and adopted by the following vote: AYES: Busch, Fisher, Brann, Fuentes, Jacobson NOES: None ABSENT: None ABSTAIN: None ti Cindy M tesen, City Jerk APPROVED AS TO FORM: Mark D. y Attorne By: Mark Hensley, City Attorney Page 7 of 7