Attachment 1 Item 8-B

City Council Meeting 12-5-00 Santa Monica, California

 

 

 

ORDINANCE NUMBER ____ (CCS)

 

(City Council Series)

 

 

 

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE

SECTIONS 4.04.280 AND 4.04.290 RELATING TO DANGEROUS ANIMALS

 

 

 

THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Santa Monica Municipal Code Section 4.04.280 is hereby amended to read as follows:

Section 4.04.280. Vicious dog Dangerous animals.

Upon receiving an affidavit from any person who has been bitten by a dog, cat or other animal or from any person who has witnessed such occurrence, after such investigation and upon reasonable indication of viciousness on the part of such animal, an animal biting a person or another animal, the Animal Control Officer shall investigate. If the investigation reveals facts which tend to show that the animal is dangerous, the Humane Animal Control Officer shall may notify the person having the care, custody and control of such dog, cat or other animal in writing, that the dog animal is to must be thereafter kept at all times within an adequate enclosure on the property or premises where such person resides.


SECTION 2. Santa Monica Municipal Code Section 4.04.290 is hereby amended to read as follows:

Section 4.04.290. Vicious dog Dangerous animal quarantine.

Upon receipt by the When a person having the care, custody and control of such a dangerous dog, cat or other animal receives a of the notice from the Animal Control Officer ordering containment of the animal from the Humane Officer to keep the dog confined on the property, such that person must shall thereafter at all times keep such dog the animal securely restrained on the his or her premises either by use of an adequate chain attached to the animal=s collar or harness of such dog, or within an enclosure sufficiently strong to prevent such dog the animal from escaping therefrom and going at large, until and unless such dog has been released in writing by the Humane Officer the Animal Control Officer issues a notice releasing the animal from containment. No transfer of the place of restraint can be done made without the written consent in writing of the Humane Animal Control Officer. Failure to comply with the Animal Control Officer=s order of containment shall be a misdemeanor.

 

SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

 


SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

 

SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

 

APPROVED AS TO FORM:

 

 

 

_________________________

MARSHA JONES MOUTRIE

City Attorney