HomeMy WebLinkAboutOrdinance 566 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 566, adopted by the
Atascadero City Council at a regular meeting thereof held on March 12, 2013, and that it has been
duly published pursuant to State Law.
Marcia McClure Torgerson,C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 566
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING CHAPTER 1 OF TITLE 4
OF THE ATASCADERO MUNICIPAL CODE TO ADT) SECTION 4-1.121.
REGARDING MENACING AND AGGRESSIVE ANIMALS
WHEREAS, the City contracts with the San Luis Obispo County Division of Animal
Services for the provision of animal care and control services; and,
WHEREAS, the City is required to enact municipal codes, which are similar to and
consistent with the County's codes regarding the care,keeping,and management of animals;and,
WHEREAS, the City Council desires to support the safe and responsible keeping of
animals within the City; and,
WHEREAS, the City desires to protect the safety and welfare of responsible pet owners
and their pets from animals demonstrating aggressive or menacing behavior that threatens to cause
or actually causes harm to city residents and their pets;and,
WHEREAS, the City Council finds that current laws governing aggressive and menacing
animals are insufficient to address the adverse health, safety and welfare impacts of aggressive and
menacing animals within the City; and,
WHEREAS, the County of San Luis Obispo recently enacted an ordinance to strengthen
the regulation of aggressive and menacing animals, which the City Council finds to serve the
best interests of the citizens of the City of Atascadero.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1 of Title 4 of the Atascadero Municipal Code is hereby amended to
add Section 4-1.121 to be read as follows:
"4-1.121 Menacing and Aggressive Animals—Animal Owner Responsibility.
(a) It is unlawful for any person to keep, harbor, or maintain any aggressive or
menacing animal which threatens,harasses, or intimidates a person who is peaceably
and lawfully upon public or private property, unless it is contained in an enclosure of
a construction adequate to keep it securely confined and prevent its escape.
City of Atascadero
Ordinance No. 566
Page 2 of 3
(b) It is unlawful for any person to permit any animal owned, harbored, or
controlled by himm or her to attack and cause severe bodily injury or death to another
domestic or captive animal while off the property of its owner or keeper.
(c) Upon notification of a violation of subsection (a), the animal owner(s) must
immediately confine the animal to an enclosure or location which mitigates the
aggressive and menacing behavior.
(d) For the purposes of this section,the following definitions apply:
(l.) "Aggressive animal" means any animal whose observable behavior causes a
person observing that behavior reasonably to believe that the animal may attack a
person or another animal without provocation. Police or military service canines
being utilized in an official capacity are excluded from this definition.
(2) "Menacing animal"means any animal which, through its behavior, causes a
person observing or subject to that behavior to be in. reasonable fear for his or her
safety, or the safety of animals kept by him or her. Police or military service canines
being utilized in an official capacity are excluded from this definition.
(3) "Severe bodily injury" means any physical injury which results in deep
lacerations with separation of subcutaneous tissues, muscle tears or lacerations,
fractures or joint dislocations, or permanent impairment of locomotion or special
senses.
(e) The violation of this section shall be an infraction. The penalties for a
violation of this section shall be as follows:
(1) $350 for the first violation.
(2) $700 for the second violation of subsection(a) or(b)within one year.
(3) $1,000 for each additional violation of subsection(a)or(b)within one year.
(4) For the purposes of this section, a first violation of subsection A will be
deemed to have occurred if the menacing or aggressive animal is not confined as
required by subsection (c) within 24 hours of notification; a separate violation of
subsection A shall be deemed to exist for each 24-hour period following notification
in which an animal's menacing or aggressive behavior continues unmitigated."
SECTION 2. if any section, subsection, subdivision, sentence, clause, phrase,or portion of
this Ordinance, is for any reason held to be invalid or unconstitutional by the 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 adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact
City of Atascadero
Ordinance No.566
Page 3 of 3
that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared.invalid or unconstitutional.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen {1 S} days after its final passage, in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on.file in the City Clerk's Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on February 26, 2013, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
March 12, 2013, by the following roll call vote:
AYES: Council Members Fonzi,Kelley, Moreno, Sturtevant and Mayor O'Malley
NOES: None
ABSTAIN: None
ABSENT: None
Tom O'Malley, ayor
ATTEST:
Marcia McClure Torgerson,C.M.C., City Cl r
APPRO +D AST 'O
Brian k5PieriC, City Attorney