ITEM 8-B

City Council Meeting 12-19-00 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. 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 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 Animal Control Officer may notify the person having the care, custody and control of such dog, cat or other animal in writing, that the animal must be 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. Dangerous animal quarantine.

When a person having the care, custody and control of a dangerous dog, cat or other animal receives a notice from the Animal Control Officer ordering containment of the animal, that person must keep the animal securely restrained on his or her premises either by use of chain attached to the animal's collar or harness, or within an enclosure sufficiently strong to prevent the animal from escaping, until the Animal Control Officer issues a notice releasing the animal from containment. No transfer of the place of restraint can be made without the written consent of the 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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.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