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HomeMy WebLinkAbout1685 - Biting Dog - Report - Custody & ControlORDINANCE NO. 1685 • AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.04.100 OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "BITING DOG - REPORT - CUSTODY AND CONTROL" The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 7.04.100 of the Newport Beach Municipal Code is amended to read: "7.04.100 Biting Dog - Report - Custody and Control. A. NOTICE. It shall be the duty of the Chief of Police, all police officers and animal control officers, upon receiving an affidavit who has been bitten by a dog, or from • has witnessed such occurrence, or has who has bitten another dog, to notify or custodian of such dog, in writing, from any person any person who witnessed a dog the owner, possessor to keep such dog at all times on the property or premises where such owner, possessor, or custodian resides, or on the property or premises of any person to whom the custody of such dog may be given, and to post a notice conspicuously on such premises bearing the words "BEWARE OF DOG" in letters at least one and one -half inches high, and to securely hold the dog or cause the dog to be securely held by a leash or other device or means, so as to prevent the dog from wandering, straying or getting beyond the control of its custodian. After receipt of such notice, said owner, possessor or custodian of such dog shall promptly and continuously thereafter comply with all requirements set forth in said written notice. -1- • B. VICIOUS DOG. Any dog which has bitten or otherwise injured any person or other dog shall be deemed vicious. The owner or person having control of a vicious dog which is allowed to run at large or out of the control of the person having charge of the animal, in such a manner that the animal bites or injures a person or another dog, shall be guilty of a misdemeanor. In addition to any other penalty as provided for in Section 1.04.010 of the Newport Beach Municipal Code, the court may order that such dog shall be muzzled, that such dog shall be kept within a secure pen or enclosure as approved by the Chief of Police, or that such dog shall be delivered to the Animal Shelter and humanely destroyed. C. EXCEPTION. The provisions of this Section shall not apply to a dog that bites his owner or person having control of such dog or to a trespasser, visitor or invitee, upon the premises whereat such dog is kept." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of June , 1976, and was adopted on the 12th day of July , 1976, by the following vote, to wit: AYES, COUNCILMEN: Rogers, Kuehn, Ryckoff, Williams NOES, COUNCILMEN: None ABSENT COUNCILMEN: Barrett, Dostal, McInnis r ATTEST: MTHE OSIG:NAL AND CERTIF3ED AS TO PUBLICATION DATE ......1 `' .° City C1 .. ............... - -- -. DDO /bc CITY CLERK OF THE CITY OF Ne RT BEACH 5/27/76