HomeMy WebLinkAbout1833 - Dog Impoundment at a City FacilityORDINANCE NO. 1833
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 7.04.100 OF THE NEWPORT
BEACH MUNICIPAL CODE PROVIDING FOR IMPOUND-
MENT AT A CITY FACILITY OF ANY DOG WHICH
BITES A PERSON AND WHOSE CANNOT PROVIDE
PROOF OF CURRENT RABIES VACCINATION
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 as follows:
"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 a report from any person who has been
bitten by a dog, or from any person who has witnessed
such occurrence, or has witnessed a dog who has bitten
another dog, to notify the owner, possessor or custodian
of such dog, in writing, 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.
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If the possessor or custodian of such dog cannot
provide the Chief of Police with proof of: current rabies vaccination
or when in the opinion of the Public Health Officer, the situation
warrants it,. such dog shall be impounded at the City's animal
shelter and the expense shall be borne by the owner, possessor or
custodian of such dog.
B. VICIOUS DOG. Any dog which has bitten or other-
wise 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 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 10th day
of December, 1979, and was adopted on the 21st day of Tanl�,
1980, by the following vote, to wit:
CERTIFIED AS T!T Q "'GS \AL ANN
CERTIFIED AS TO Pll'.ICAT1C!!,'
�DATE _.APd 2.8...1.9
LIMY CLERK OF THC CITY OF NL•VfPOR7 aCH
"Clerk6l
AYES, COUNCILMEN
NOES, COUNCILMEN
ABSENT COUNCILMEN
PPW
HRC /ap 1/8/80