HomeMy WebLinkAbout21-83 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of: )
)
Adopting Certain Amendments ) ORDINANCE NO. 2]-83
to the Contra Costa County )
Ordinance Code Relating to )
Animal Control )
The City Council of the City of Danville ordains as
follows:
Section 1. Adoption of Amendments. Under the authority
of Sections 50020 et. seq. of the Government Code of the State
of California, Division 416 (Animal Control Code) of the
County Ordinance Code as adopted by reference by Ordinance 1
is amended to conform to changes adopted by the Contra Costa
County Board of Supervisors (by Ordinance 83-10), as follows:
A: Section 416-4.210 "Animal services director decision
final" is added to the County Ordinance Code to read:
~416-4.210 Animal services director decision final. When-
ever in this division the animal services director is
authorized to make a determination or take administrative
action, such determination or action shall be final and
conclusive and shall not be subject to appeal under
Chapter 14-4.
B: Section 416-4.406 "prohibition" is amended to read:
§416-4.406 Prohibition. No animal services officer shall
act in violation of Government Code Section 53074.
C: Section 416-4.218 "Existing licensees" is corrected
to read:
§416-6.218 Existing Licensees. Persons holding Dog
Fancier Licenses or Commercial Kennel Licenses on the
effective date of Ordinance 80-97 are entitled to a
multiple pet license, and persons holding a Commercial
Kennel License on the effective date of Ordinance 80-97
are entitled to a Kennel License, without prior approval,
upon filing complete application documents and tendering
the required fees.
D: Section 416-6.400 "License revocation" is amended
by adding subsection (h) as follows:
§416-6.400 License revocation.
(h) Evidence must be relevant, non-cumulative, and of such
nature as responsible persons are accustomed to rely on in
the conduct of serious affairs. Written statements by a
county officer or employee, an officer or employee of the
State of California, or an officer or employee of any law
enforcement or fire protection agency acting in the
course and scope of their official duties or employment,
written records of the animal services department, and
statements under penalty of perjury may be accepted as
evidence that the fact(s) or condition(s) expressed there-
in do or do not exist.
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E: Section 416-12.411 "Permit denial" is added to read:
~416-12.411 Permit denial. Within seven (7) days after
mailing of a notice that e dangerous animal permit has been
denied, the owner or applicant may once only file with the
Animal Services Director a written request for review of
the denial decision. Such request shall state all grounds
for review and present in writing the evidence relied
upon to support granting the permit. The Animal Services
Director may further investigate the application and
shall reconsider the application. The permit denial is
rescinded pending reconsideration. Upon reconsideration,
changes in ownership of the animal or in the proposed
location of the animal shall not be taken into account.
The applicant for a dangerous animal permit at all time
bears the burden of proof to justify a permit.
F: Section 416-12.416 "Permit revocation" is amended to
read:
§416-12.416 Permit revocation. Dangerous animal permits
are subject to revocation as provided in Article 416-6.4
except that the provisions of §416-6.400(e) shall not be
applicable.
G: Section 416-12.417 "Unpermitted dangerous animals"
is added to read:
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~416-12.417 Unpermitted dangerous animals. In the event
that within ten (10) days after mailing notice that an
animal is declared to be a dangerous animal, an applica-
tion for a dangerous animal permit is not received, and
ten (10) days after mailing notice that a dangerous animal
permit has been denied or revocked, the animal services
director may dispose of any dangerous animal by humanely
destroying it by injection.
H: Section 416-12.420 "Dangerous animal at large" is
repealed, amended and reenacted to read:
§416-12.420 Dangerous animal at large. Any dangerous
animal found at large shall be destroyed, impounded, or
impounded subject to destruction, at the discretion of the
animal services director.
Section 2. Penalty. A violation of Division 416
(Animal Control Code) adopted by this ordinance, excepting
Chapter 416-10 and Article 416-12.2, is an infraction and is
punishable by a fine of not more than fifty dollars for the
first offense, and not more than one hundred dollars for the
second or subsequent offense, as provided in County Ordinance
Code Section 416-4.6.
Section 3. Urgency. This ordinance is an urgency
ordinance for the immediate preservation of the public peace,
health and safety, within the meaning of Government Code
Section 36937, and the following is a declaration of the facts
constituting the urgency and necessity requiring the immediate
effectiveness of this ordinance:
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On April 19, 1983, the County Board of Supervisors adopted
Ordinance 83-10 which clarifies certain sections of the County
Animal Control Ordinance and adds sections pertaining to certain
permit denial procedures and control of dangerous animals. On
June 28, 1983, the Board of Supervisors approved a City-County
Animal Services Agreement and on July 5, 1983 this Council
authorized its execution.
The City wishes to continue receiving animal control
services from the County and, by adopting these amendments to the
County's ordinance, to minimize confusion among residents, provide
efficient administration, and to assure continuing and uniform
enforcement of the Animal Control Code in the City. At the
request of the County Administrator, this ordinance is adopted as
an urgency ordinance in order that the Animal Services Director
have authority to continue enforcement of the Animal Control
Code in a manner consistent with services and enforcement else-
where in the County.
Section 4. Effective Date. As an urgency ordinance,
this ordinance becomes effective immediately upon adoption.
Section 5. Publication. Within fifteen (15) days after
its passage, the City Clerk shall have this ordinance published
once in a newspaper of general circulation published and
circulated in the City and shall have it posted in three public
places designated by resolution of the City Council.
Page 5
The foregoing ordinance was introduced at a meeting of the
City Council of the City of Danville held on August 1 , 1983,
and was adopted and ordered published and posted at the same
meeting by the following vote:
AYES: Lane, May, Mc Neely, Offenhartz, Schlendorf
NOES: None
ABSENT: None
Attest:
' "'? "? A~
CITY CLERK
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