I. RECOMMENDATION:
Review, Approve and Waive First Reading of Ordinance 819 related to an Animal Control Pet Responsibility Ordinance.
II. BACKGROUND:
Staff took direction from the council and reviewed Coalinga Municipal Code section 6-1.26 - Vicious Dog and made changes to this ordinance which will allow the city's animal control unit or police officers to be more efficient when dealing with viscous animals within the city limits.
Coalinga Municipal Code Title 6, Chapter 1, Section 6-1.26 - Attacking dogs. The current section states:
(a) - Prohibited. No owner of or person responsible for a dog shall permit such dog to attack, chase, or harass any person, or any domestic animal having a commercial value, such that injury occurs or, in the case of a person, substantial fear of a significant injury is caused.
(b) - Physicians to report animal bite cases. All cases of animal bites treated by any physician shall be reported by the physician to the Animal Control Officer or Police Department. The report shall contain the name and address of the person bitten; the time and place where such person was bitten; and the name and address of the owner of the biting animal, if known; and any other pertinent information requested by the Animal Control Officer or Police Officer.
(c) - Violation. The violation of subsection (a) of this section shall be a misdemeanor according to the State of California Statues, and the owner of and/or person responsible for such a dog shall be strictly liable for any injury or damage caused by such dog.
(d) - Mitigation. The following shall be considered in mitigating the penalties or damages or in dismissing the charge:
(1) - The dog was properly confined on the premises;
(2) - The dog was deliberately or maliciously provoked.
Violation. The violation of subsection (a) of this section shall be a misdemeanor according to the State of California Statues, and the owner of and/or person responsible for such a dog shall be strictly liable for any injury or damage caused by such animal.
This section does not provide the police department the means to issue a citation or take possession of the animal.
III. DISCUSSION:
Staff recommends Section 6-1.26 be amended to include specific punishments, including issuing citations for dogs that attack people and other dogs and to also include seizing an animal that attacks people.
The change to this ordinance add subsection (e) to the current ordinance to state: Penalties - In the event that the owner or caretaker fails to comply with the specifications of this ordinances which pertains to any attacking, vicious, dangerous or fierce animal which is not maintained on the owners property with an enclosure; or which is found to be outside of the dwelling of the owner or caretaker is guilty of a misdemeanor.
The animal control officer or police officer SHALL issue a criminal citation to the owner or caretaker of the animal involved. If an animal identified in the section has attacked a person or the animal has attacked another animal causing injury or death, that animal SHALL be seized by the animal control officer or police officer and placed at the shelter pending a hearing.
Violation. The violation of subsection (a) of this section shall be a misdemeanor according to the State of California Statues, and the owner of and/or person responsible for such a dog shall be strictly liable for any injury or damage caused by such animal.
IV. ALTERNATIVES:
Do not pass the order.
V. FISCAL IMPACT:
There would be a minimal impact to the city's general fund to make changes to the current ordinance.
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