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HomeMy WebLinkAboutORD 03-065 ORDINANCE NO. 03-065 ENTITLED AN ORDINANCE AMENDING THE ANIMAL ORDINANCE OF THE CITY OF BEAUMONT TO ENACT NEW REGULATIONS CONCERNING DANGEROUS/VICIOUS ANIMALS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 5, Section 5-19 be and the same is hereby amended to read as follows: Sec. 5-19. Dangerous/vicious animals. (a) A dangerous/vicious animal shall be defined as an animal which: (1) Has inflicted severe injury or death to a person or bites a person other than the owner or a member of the owner's immediate family, without provocation on public or private property; or (2) Has killed or severely injured a domestic animal without provocation while off the owner's property; or (3) Has a known or apparent propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of persons or domestic animals; or (4) Is trained or harbored for fighting which may be determined based on whether the animal exhibits behavior and or bears physical scars or injuries which indicate that the animal has been trained or used for the purpose of fighting. (b) If an animal acts as stated in subsection (a)(1) or(a)(2) of this section or is trained or harbored for fighting, the animal control officer shall impound the animal immediately if it is at large; or, if it is in the possession of some person, the animal control officer may issue a notice requiring that the animal be taken to a designated location for impoundment.An animal which is impounded shall not be released until a final determination is made on the disposition of the animal. Sec. 5-19.1. Declaration of a dangerous animal (a) The Health Director or his/her designee may declare an animal to be a dangerous animal if the official has sufficient cause to believe that an animal is dangerous as defined under Section 5-19 (a) (1)(2)(3)(4) (b) Within five (5)working days of declaring an animal to be a dangerous animal, written notice shall be given to the owner that the Health Director or his/her designee has determined that the animal is a dangerous animal. This notice shall also set out the requirements for a dangerous animal which the owner must comply with as set forth in section 5-19.2. This notice shall be given to the owner by personal service or by certified mail, return receipt requested. In the event that certified mail, return receipt requested cannot be delivered, the Animal Control division may then give notice by ordinary mail. (c) The owner of an animal declared to be dangerous, may appeal the determination of the Health Director or his/her designee. The request for a determination hearing must be in writing and must be received by the director of the Beaumont Health Department or his/her designee no later than five (5) working days from receipt by the owner of the dangerous animal declaration. Failure to appeal the declaration within five (5)working days shall result in the Health Director's declaration as final. (d) If the owner of a dangerous animal cannot be determined after reasonable efforts to do so and after holding the animal for 72 hours, the animal may be disposed of in a humane manner. If the owner of a dangerous animal which has been impounded is known but cannot be located for service of the notice required herein either in person or by mail, the animal may be disposed of in a humane manner after a reasonable effort has been made to locate such owner. Nothing herein shall be construed to require the city to hold the dangerous animal longer than 72 hours because it is unclaimed. (e) Determination hearing. (1) Upon written request for a determination hearing by the owner of an animal declared dangerous herein, the director of the Beaumont Health Department or his/her designee shall schedule said hearing.The hearing committee shall be made up of members of the Animal health advisory committee. The determination hearing shall be conducted within ten (10) days of receipt of the request for such hearing. The owner shall be notified of said hearing by first class mail. Failure of the owner to appear at the determination hearing shall in no way prevent the hearing committee from proceeding with the hearing. The decision of the committee shall be the final administrative determination by the city of Beaumont. (2) Pending the outcome of the determination hearing, the animal must be securely confined in the animal control facility or at the request of the owner of the animal, with a licensed veterinarian at the expense of the owner. The costs of securing said animal at the animal control facility pending the determination hearing shall be borne by the owner. Sec. 5-19.2. Requirements for Owner of a Dangerous Animal (a) No later than fifteen days after an animal is declared dangerous the owner must comply with all of the following requirements before the subject animal can be released to the owner by animal control. (1) Register the animal as a dangerous animal with the animal control authority for the areas in which the animal is kept. The cost for registration shall be $50.00 per year. (2) Obtain and maintain liability insurance coverage or show financial responsibility in an amount of at least one hundred thousand dollars ($100,000.00) to cover damages resulting from an attack by the dangerous animal causing bodily injury to a person orfor damages to any person's property resulting from the keeping of such dangerous animal. A certificate of insurance or other evidence of meeting the above requirements shall be filed with the city of Beaumont animal control facility before said dangerous animal shall be returned to the owner if it is being held by the city of Beaumont or a veterinarian. (3) Restrain the dangerous animal at all times on a leash in the immediate control of a person or in a "secure enclosure". The enclosure must have secure sides, a secure top attached to the sides; and a secure bottom which is either attached to the sides or else the sides of the structure must be embedded in the ground no less than two (2) feet. In addition, the secure enclosure must be: (a) locked (b) capable of preventing the escape or release of the animal (c) clearly marked as containing a dangerous animal. (4) The owner shall post a sign on his premises warning that there is a "dangerous animal on the property." This sign shall be visible and capable of being read from the public street or highway. In addition, the area where the animal is kept must be kept secure from small children from gaining access. (5) The dangerous animal, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the animal nor interfere with its vision or respiration, but shall prevent if from biting any person or animal. (6) A dangerous animal may not be chained to any object outside the dwelling or locked enclosure either on or off the property of the owner. (b) If the owner of an animal declared to be dangerous is unable or unwilling to comply with the ownership requirements listed above at any time, the animal must be euthanized by the city animal control division or a licensed veterinarian or removed from the city of Beaumont. An animal declared to be dangerous under this chapter shall not be offered for adoption or sale within the city of Beaumont unless the new owner is willing to comply with the provisions of this ordinance. Transfer of the dangerous animal to a new owner must be approved by the Animal health advisory committee. Sec. 5-19-3. Reporting significant events. (a) The owner of an animal declared dangerous under the provisions of this article shall report any of the following events within five days to the animal control officer: (1) Permanent removal of the animal from the city. (2) Death of the animal. (3) The birth of any offspring of the animal, including the number, markage, color and sex. (4) Change of location within the city. (b) The owner of an animal declared dangerous under the provisions of this article shall report immediately to the animal control supervisor the escape of the animal or an attack or biting of a person or other animal. Sec. 5-19-4. Penalties for violation. The owner of an animal declared to be dangerous herein shall also be subject to a fine of not less than $50.00 but not more than $500.00 for each violation of subsection 5-19.2 or 5-19.3 of this chapter or for interference with enforcement of this chapter. This penal provision is in addition to any administrative determination by the animal control officer or the director of the Beaumont Health Department. Sec. 5-19.5. Notice to law enforcement authorities and victims before euthanasia or disposal of animal involved in fatal or serious injury to persons. (a) No animal known or believed to have inflicted a serious injury or fatality of a person shall be euthanized or disposed of pursuant to Sec. 5-19.1(d), Sec. 5- 19.2(b), or any other provision of this Chapter, unless and until the Beaumont Police Department, and any other law enforcement authority known or believed to be involved in an investigation of the incident, has been notified of the intention of the Beaumont Public Health Department to euthanize or dispose of the animal and such law enforcement authorities have been given a reasonable opportunity to assume custody of the animal should they choose to do so. (b) No animal known or believed to have inflicted a serious injury or fatality of a person shall be euthanized or disposed of pursuant to Sec. 5-19(d), Sec. 5- 19(b), or any other provision of this Chapter, unless and until the victim, the victim's next-of-kin or the victim's legal representative has been notified of the intention of the Beaumont Public Health Department to euthanize or dispose of the animal and such person given a reasonable opportunity to investigate the animal and gather evidence (such as size and weight measurements, photographs and videotapes) as they deem appropriate and a reasonable opportunityto secure an orderconcerning preservation and continuing custody of the animal as evidence from a court of competent jurisdiction, should they choose to do so. Sec. 5-19.6. Exceptions. (a) No animal shall be declared a dangerous animal if the threat, injury or damage caused by the animal was the result of a willful trespass upon another's property, or the person injured was tormenting, abusing or assaulting the animal or its owner, or was committing or attempting to commit a crime at the time of injury unless other independent grounds exist for such a declaration. (b) If the sole cause of the attack was that the animal was injured and responding to pain. (c) The provisions of this article shall not apply to animals under the control of law enforcement or military agency. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of July, 2003. 1 - Mayor Evelyn M. Lord -