HomeMy WebLinkAboutORD 02 (2011)— ORDINANCE NO. 0 2 ( 2 011)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR MODIFYING
REGULATIONS PERTAINING TO DANGEROUS ANIMALS, ANIMAL LICENSING
PROCEDURES, ABATEMENT OF BARKING DOGS AND OTHER NOISY ANIMAL NUISANCES
AND AMENDING THE DIAMOND BAR MUNICIPAL CODE
The City Council of the City of Diamond Bar does ordain as follows:
SECTION 1: Subsection (a) of Section 6.00.030. "Dangerous animal appeals board" of the Diamond Bar
Municipal Code is hereby repealed.
SECTION 2: Subsection (a) of Section 6.08.210 of Title 6, Chapter 6.08 of the Diamond Bar Municipal Code
is hereby amended to read as follows:
(a) Every person owning or having custody or control of any dog over the age of four months in the city
not covered by the provisions of sections 6.08.250 and 6.08.260 shall, within 45 days, obtain an annual license
from the director for each of such dogs and at the same time obtain a dog license tag, and for such licenses shall
pay such amounts as established by the council from time to time.
SECTION 3: Section 6.08.370 of Title 6, Chapter 6.08 of the Diamond Bar Municipal Code is hereby
- amended to read as follows:
Any person keeping or harboring any dog for 45 consecutive days shall be deemed to be the
custodian thereof and subject to licensing provisions within the meaning of this title.
SECTION 4: Section 6.08.670 of Title 6, Chapter 6.08 of the Diamond Bar Municipal Code is hereby amended
to read as follows:
Any person dissatisfied with any decision of the director at a hearing on impoundment may, within ten
days after such decision is announced at the conclusion of the hearing, otherwise within 15 days of receipt by
the owner or custodian of the subject dog of written notice of the decision, file with the city's agent a notice of
appeal to the City Manager or his/her designee. The notice shall be signed by the appellant or by his attorney,
and shall be sufficient if it states in substance that the appellant appeals from a specified decision or a particular
part thereof. The notice shall contain no argument, evidence or points and authorities of law. The notice of
appeal may, however, state briefly the grounds upon which the appeal is taken.
SECTION 5: Section 6.08.680 of Title 6, Chapter 6.08 of the Diamond Bar Municipal Code is hereby amended
to read as follows:
Upon receipt of the by the director of the notice of appeal, he or she shall take action in accordance with
section 6.08.720. If the City Manager or his/her designee, pursuant to section 6.08.720, grants a hearing, the
Director shall give not less than ten days written notice of the date, time, and place of such a hearing, and also
stating whether or not additional evidence may be introduced by the appellant. The City Manager or his/her
designee, at a hearing upon appeal, may permit the introduction of and consider additional evidence, or it may
at its option consider only the records of the proceedings before the city's agent, together with any exhibits
received in evidence during such proceedings. In either case, the City Manager or his/her designee may hear
and consider additional argument and points and authorities of law, and may require parties before it to submit
such argument and points and authorities of law prior to rendering any decision.
SECTION 6: Section 6.08.710 of Title 6, Chapter 6.08 of the Diamond Bar Municipal Code is hereby amended
to read as follows:
Upon filing of a notice of appeal pursuant to sections 6.08.670 and 6.08.690, or as soon thereafter as
practicable, the department shall transmit to the City Manager or his/her designee all exhibits introduced in
evidence before the hearing on impoundment, and one original and two copies of the transcript of all testimony.
SECTION 7: Section 6.08.720 of Title 6, Chapter 6.08 of the Diamond Bar Municipal Code is hereby amended
to read as follows:
(a) Upon receiving the documents and transcripts required by section 6.08.710, the City Manager or
his/her designee may:
1. Set the matter for hearing in accordance with section 6.08.680.
2. Recommend that the director take such action as, in its opinion, is indicated by such evidence,
or;
3. Refer the matter back with or without recommendations to the director for further proceedings.
(b) In no case, however, shall any decision to destroy a dog be upheld by the City Manager or his/her
designee unless the appellant shall have been given an opportunity to appear in person to present argument
and/or points and authorities of law.
SECTION 8: A new Division 6 entitled "Barking Dogs and Other Animal Noises" commencing with section
6.08.1260 is hereby added to Title 6, Chapter 6.08 of the Diamond Bar Municipal Code to read as follows:
"DIVISION 6. BARKING DOGS AND OTHER ANIMAL NOISES"
6.08.1260. Barking dogs and other animal noises.
It is unlawful to keep, maintain, or cause or permit to be kept or maintained upon any premises in the
City, or to permit or allow to be running at large, any dog or other animal which repeatedly barks, howls,
whines, crows, or makes loud or unusual noises in such a manner as to either disturb the peace and quiet or
interfere with the comfortable enjoyment of property of a person or persons residing in the vicinity of such
premises. Violation of this section shall be a misdemeanor. Every day during which any person continues to
keep or maintain any such animal, shall be a separate violation of this section.
6.08.1270. Procedure for processing complaints of barking dogs and other noisy animals.
(1) Complaints regarding a barking dog or other noisy animal shall be submitted in writing to the
Director and shall include the name, address and telephone number of the complainant, the
address where the animal is kept, and a description of the noise and times of day it is heard
by the complaining party.
(2) Upon receiving a complaint involving a barking dog or other noisy animal, the Director
shall send a letter or notice to the owner of the dog or other noisy animal or the owner of the
premises upon which the dog or other noisy animal is kept (hereinafter "owner"), advising the
owner of the alleged noise and requesting immediate steps be taken to prevent any further
disturbances.
6.08.1280. Investigation of complaint by Director.
After receiving a complaint regarding a barking dog or other noisy animal and completion of the
procedures specified in Section 6.08.1270, the Director shall investigate the allegation considering the
evidence described in Section 6.08.1290 to determine whether there has been a violation or continues to
be a violation of Section 6.08.1260.
6.08.1290 Evidence of a barking dog or other noisy animal.
In making a determination that a dog or other animal is or is not a barking dog or other noisy animal and
whether a violation of Section 6.08.1270 has occurred, evidence of the following shall be considered.
(1) The nature and frequency of the barking or other noise;
(2) The time or times of day when the noise is heard by the complaining parties;
(3) The apparent reasons or provocations for the dog or other animal to emit the noise;
(4) The location or locations on the property where the dog or other animal is kept;
(5) The manner in which the dog or other animal is kept;
(6) The number of persons complaining about the barking or other noise;
(7) Any other relevant evidence concerning the alleged barking dog or other noisy animal problem.
6.08.1300 Disposition of barking dog or other noisy animal.
Upon completing the investigation of the complaint in Section 6.08.1280, the Director shall:
(1) Make a determination as to whether the dog or other animal is a barking dog or other noisy
animal within the meaning of Section 6.08.1260 and whether there has been a violation of
Section 6.08.1260;
(2) Issue an order which may include any or all of the following dispositions of the matter:
a. No action,
b. That the dog or other animal be trained or retrained to cease creating a violation,
C. That the dog or other animal be kept indoors during specified hours, or other similar
measures be taken, to eliminate the violation,
d. That the dog or other animal be removed from the City permanently, or for a specified
periods of time after which time the animal may be returned as long as steps have been
taken such that the violation will not recur, and
e. That the matter be referred to the appropriate agency for criminal or civil prosecution of
the owner of the dog or other animal.
(3) Send a written notice of his or her determination and order to the owner and the complaining
parties. The Director's determination shall include specific deadlines for performance of the order.
6.08.1310 Appeal.
The determination and order of the Director shall be final unless appealed to the City Manager or his/her
designee by the filing of a written appeal with the City Clerk within seven days of the date of mailing, which
appeal shall be accompanied by an appeal fee, in an amount to be determined by resolution of the City Council.
The Director's determination and order shall be stayed during the pendency of the appeal. The decision of the
City Manager or his/her designee shall be final.
6.08.1320 Failure to comply.
Failure of the owner to comply with a final determination and order shall be a misdemeanor.
SECTION 9: Subsection (a) of Section 6.12.020 of Title 6, Chapter 6.12 of the Diamond Bar Municipal Code
is hereby amended to read as follows.-
(a)
ollows:
(a) Every person owning or having custody or control of any cat over the age of four months in the city
shall, within 45 days, obtain an annual license and a cat license tag from the director and for such license and
tag shall pay such amounts as established from time to time by resolution of the city council. A license tag for
an individual cat shall be securely affixed to a collar, harness or other device which shall at all times be worn by
such cat, except while such cat remains indoors or in any enclosed yard or pen.
SECTION 10: Subsection 0) of Section 6.12.020 of Title 6, Chapter 6.12 of the Diamond Bar Municipal Code
is hereby amended to read as follows:
0) Any person keeping or harboring any cat for 45 consecutive days shall be deemed to be the custodian thereof
and subject to licensing provisions within the meaning of this title.
SECTION 11: The title of Chapter 6.16 of the Diamond Bar Municipal Code is hereby amended to read as
follows:
CHAPTER 6.16. LICENSES FOR ANIMALS OTHER THAN DOGS AND CATS
SECTION 12: Subsection (a) of Section 6.16.020 of Title 6, Chapter 6.16 of the Diamond Bar Municipal Code
is hereby amended to read as follows:
(a) No person shall keep any wild animal without first obtaining a license from the Director.
SECTION 13: Subsection (b) of Section 6.16.020 of Title 6, Chapter 6.16 of the Diamond Bar Municipal Code
is hereby amended to read as follows:
(b) A wild animal license is not required for:
(1) Canaries
(2) Chinchillas
(3) Finches
(4) Gopher snakes
(5) Guinea pigs
(6) Hamsters
(7) Mynah birds
(8) Parrots, parakeets, amazons, cockateels, cockatoos, lories, lorikeets, love birds, macaws, and
similar birds of the psittacine family.
(9) Pigeons
(10) Ravens
(11)
Toucans
(12)
Turtles
(13)
White doves
SECTION 14: Subsection (c) of Section 6.16.020 of Title 6, Chapter 6.16 of the Diamond Bar Municipal Code
is hereby added to Title 6:
(c) Every person desiring a wild animal license shall file an application with the Director upon a form
provided by the Director, and at such time pay the required fees and penalty, if any.
SECTION 15: Sections 6.16.030 through 6.16.230 of Title 6, Chapter 6.16 of the Diamond Bar Municipal Code
are hereby repealed.
SECTION 16: Repeal or amendment of any provision of the Diamond Bar Municipal Code herein will not
affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for
any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force
and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 17: If any part of this Ordinance or its application is deemed invalid by a court of competent
jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining
provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 18: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be
entered into the City of Diamond Bar's book of original ordinances; make a note of the passage and adoption in
the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause
it to be published or posted in accordance with California law.
SECTION 19: This Ordinance will become effective on the thirty-first (31 st) day following its passage and
adoption.
Passed, Approved and Adopted this ist day of Februar , 2011.
ve- Tye, M yor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance
was introduced at a regular meeting of the City Council of the City of Diamond Bar held on th(
15th _ day of janiiary , 2011 and was finally passed at a regular meeting of the Cit;
Council of the City of Diamond Bar held on 1st day of February , 2011, by the following vote:
AYES: COUNCIL MEMBERS: Herrera, MPT/Chang, M/Tye
NOES: COUNCIL MEMBERS: Everett, Tanaka
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
om ye Cribbins, City Clerk
City of Diamond Bar