339ORDINANCE NO. 339
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
CHAPTER 6.24 OF THE ROLLING HILLS MUNICIPAL CODE IN ITS
ENTIRETY RELATING TO AGGRESSIVE ANIMALS AND
AMENDING SECTION 6.20.010 RELATING TO CONFINF— IENT OF
UNVACCINATED DOGS UNDER FOUR MONTHS OF AGE.
The City Council of the City of Rolling Hills does ordain as follows:
Section 1. Title 6, Chapter 6.24 of the Rolling Hills Municipal Code is amended in its entirety
to read as follows:
Chanter 6.24
AGGRESSIVE ANWALS
Sections:
6.24.010 Unlawful to keep an aggressive animal
6.24.020 Enforcement authority
6.24.030 Commencement of enforcement
6.24.040
City Manager investigation
6.24.050
Imposition of remedy — Alternative I
6.24.060
Imposition of remedy — Alternative II
6.24.070
Appeals
6.24.080
Relief from conditions
6.24.090
Failure to comply
6.24.100
Inapplicability to trespassers
6.24.101
Report to City Manager
6.24.010 Unlawful to keen an aggressive animal.
A. No person shall keep, harbor or own any aggressive dog or other animal within the City
except in accordance with the provisions of this chapter. It shall be further unlawful for any person
upon demand to refuse or fail to surrender a dog or other animal to a city enforcement official which has
been deemed to be aggressive or is pending such determination pursuant to this chapter.
B. A dog or other animal is deemed to be aggressive when it has attacked, bitten or caused
personal injury to any person or injury to any domestic animal or livestock without provocation, or when
such dog or other animal has demonstrated a propensity to attack, bite or cause personal injury to
persons or injury to domestic animals or livestock as evidenced by violent or threatening behavior.
C. "Violent or threatening behavior" shall mean any behavior that is not provoked by an
attack or a threat of attack upon the animal or upon the animal's handler, owner or member of its
household and that demonstrates a propensity to attack, bite or cause personal injury to any person or
injury to any domestic animal or livestock, by engaging in one or more acts such as:
1. Charging at a fence or attempting to break free from fencing to reach individuals
passing the property at which the dog or other animal lives;
2. Attacking animals within their own property enclosures;
3. Growling and showing teeth;
4. Snarling and curling lips;
5. Lunging;
6. Snapping at the air;
7. Intentionally blocking the path of a person or animal;
Ordinance No. 339 1
8. Barking aggressively in a threatening manner;
9. Attempting to break free of handler's leash to reach a person or animal;
10. Punching a person or other animal with the animal's nose (i.e., "muzzle punch");
11. Any other behavior or combination of behaviors reasonably interpreted to be
violent or threatening under the circumstances of the incident in question.
D. The following evidence shall be considered in the determination of whether a dog or
other animal is aggressive and if so, what remedy should be imposed pursuant to the provisions of this
chapter:
1. The animal's history of violent or threatening behavior;
2. The nature and extent of injuries inflicted, including emotional distress, or
property destroyed and the number of victims involved;
3. The location where the attack, bite or injury occurred;
4. The existence and nature of any provocation for the attack;
5. The existence of evidence that the animal has been trained for fighting or attack,
based on the animal's behavior and other factors;
6. The nature and number of characteristics of aggressive or unpredictable
temperament or behavior that the animal exhibits in the presence of human beings
or other animals;
7. Whether the animal can be effectively trained or re-trained to change its
temperament or behavior;
8. Evidence concerning the manner in which the animal is kept, treated and
maintained;
9. Any other relevant evidence pertaining to the animal, including but not limited to
its propensity for violence; and
10. Any other relevant evidence pertaining to the animal's handlers and owners
including but not limited to their efforts and abilities to control their animal(s) and
prevent such animals from engaging in violent or threatening behavior as defined
in Section 6.24.010(C).
6.24.020 Enforcement authoritv.
A. The provisions of this chapter may be enforced by officers of Los Angeles County
Animal Care and Control, the Los Angeles County Sheriff or the City Manager (collectively referred to
as "city enforcement officials").
B. City enforcement officials are authorized to enter and inspect private property, impound
aggressive animals and take such other actions as may be necessary to enforce the provisions of this
chapter, all in accordance with applicable legal requirements.
C. An officer of Los Angeles County Animal Care and Control or the Los Angeles County
Sheriff's Department may slay an aggressive dog or other animal, but only when the animal is attacking
or poised to attack a person or other animal or presents a clear and present danger to persons or other
animals and cannot safely be taken up and impounded after all reasonably available means of doing so
have been exhausted.
D. Any authority or duty of the City Manager or the Director of Animal Control (the
"Director") set forth in this chapter may be delegated or assigned.
Ordinance No. 339 2
6.24.030 Commencement of enforcement.
A. Enforcement of the provisions of this chapter may be commenced either upon receipt of a
complaint or upon observation by city enforcement officials of behavior demonstrating that a dog or
other animal is aggressive as defined in Section 6.24.010.
13. A complaint shall be filed within ten (10) days of an incident unless an extension is
granted upon the City Manager's finding of good cause, and shall include the date, time, and location of
the incident, the names and statements, if any, of any known witnesses and any other pertinent
information in the possession of the complainant.
C. Upon receipt of a complaint or observation of an incident by city enforcement officials,
the City Manager shall commence an investigation of the allegations. Pending the conclusion of that
investigation, the City Manager may in his or her discretion and based on the nature and severity of the
incident, order the animal confined to the premises of its owner or impounded.
D. If the. City Manager orders the animal confined to the premises, the owner may elect to
place the animal in a kennel or veterinary facility. In either event, the animal shall not be removed from
its place of confinement without the prior written approval of the City Manager and shall be made
available to city enforcement officials for observation and inspection. The animal shall be confined
indoors or outdoors on the animal owner's property. Outdoor confinement shall be by a fence,
electronic fence, running line, pulley, or trolley system consistent with California Health and Safety
Code Section 122335 and California Penal Code Section 597t, or other device satisfactory to the City
Manager that prevents the animal from escaping the owner's property. Notwithstanding the foregoing,
when off the owner's property or premises, the animal must be equipped with a muzzle and securely
held by a leash not exceeding six (6) feet in length or similar device or other means to prevent the
animal from escaping by an adult capable of restraining and controlling the animal, and under that
person's immediate control.
E. The City Manager may photograph, inspect and measure the animal as necessary to
create a means of permanent identification to be retained in the City's records.
6.24.040 Citv Manager investieation.
A. Prior to commencing an investigation, the City Manager shall immediately forward a
copy of the complaint or observation report to the animal's owner with notification that the animal is the
subject of an aggressive animal investigation.
B. The investigation shall at a minimum consist of review and consideration of the
complaint or observation report, statements, information and other evidence presented by the animal's
owner, the victim(s), witnesses and other parties, and consideration of all of the factors set forth in
Section 6.24.010(D).
C. Upon conclusion of the investigation the City Manager shall either:
Find in writing that the complaint or observation is unsubstantiated, and take no
further action, in which event the animal shall be released from confinement or
impound; or
2. Implement the provisions of Section 6.24.050; or
3. Implement the provisions of Section 6.24.060.
D. In the event that the City Manager elects to implement the provisions of Section 6.24.050
or Section 6.24.060, the owner of the animal shall be required to pay an administrative fee to the City in
the amount established by resolution of the City Council to reimburse the City for its costs of
Ordinance No. 339
administering this chapter. The administrative fee shall constitute a debt due and owing to the City until
satisfied by payment in full.
E. The written findings and order shall be served by registered or certified mail or by
personal service on the animal's owner and the complainant, if any, within ten (10) days of
commencement of the investigation. Notwithstanding the foregoing, the City Manager may serve the
written findings and order within twenty (20) days of commencement of the investigation if the City
Manager determines that additional time is needed to complete the investigation due to unavailability of
critical witnesses or the need to interview a large number of witnesses. Any further delays require prior
approval of the City Council.
6.24.050 Imposition of remedv — Alternative I.
A. Upon conclusion of the investigation, the City Manager may find that the complaint or
observation is substantiated and that the dog or other animal is aggressive within the meaning of Section
6.24.010, but that mitigating circumstances exist to allow the animal to be retained by its owner rather
than be removed from the City or humanely destroyed. Such a finding shall be prepared in writing.
B. In the event of such a finding, the City Manager shall impose and the owner of the animal
shall comply with any or all of the following conditions:
1. Annual registration of the animal with the City as an aggressive animal as long as
the animal is alive and residing within the City, subject to payment of a fee set
forth by City Council pursuant to Section 6.56.010.
2. The owner shall obtain a policy of liability insurance or a bond to provide
coverage for damages or injuries caused by the animal, evidence of such
insurance to be filed with the City Manager, in an amount deemed sufficient to
deter any future incidents of violent or threatening behavior and to adequately
compensate for a future incident should it occur. Such amount shall range from
$500,000 to $2,000,000, based on the evaluation by the City Manager of all the
factors listed in Section 6.24.010(D) and the facts relating to the substantiated
complaint or observation.
3. The animal shall at all times wear an aggressive animal tag and a bright
fluorescent yellow collar visible at fifty (50) feet in normal daylight, both
provided by the City at the owner's. expense.
4. The owner shall notify in writing the United States Post Office (local branch) and
all utility companies providing service to the residence of the animal's aggressive
status.
5. The City Manager may, in his or her discretion, order that the animal wear a
muzzle at all times or only when off the owner's premises.
6. The animal shall be spayed or neutered.
7. The animal shall be micmchipped.
8. The owner shall post one or more signs on the premises at a location or locations
approved by the City Manager easily visible to all visitors stating that an
aggressive animal resides on the premises.
9. The owner shall be required to permanently confine the animal to the property or
premises of the owner. For purposes of this section "permanent confinement"
means:
Ordinance No. 339
a. The owner shall securely confine the aggressive dog or other animal indoors
or if outdoors, to the owner's property or premises by a fence, electronic
fence, running line, pulley, or trolley system, or other device satisfactory to
the City Manager and consistent with California Health and Safety Code
Section 122335 and California Penal Code Section 597t that prevents the
animal from escaping the owner's property;
b. The owner shall not allow the dog or other animal to run at large upon any
street, lane, driveway, court or other public place, or upon any private
property or premises other than private property or premises which the owner
owns, has charge of, or has custody or control of; and
c. The owner shall cause the dog or other animal to be securely held by a leash
not exceeding six (6) feet in length or similar device or other means to prevent
the animal from escaping when off the owner's property or premises, by an
adult capable of restraining and controlling the animal, and under that
person's immediate control. At no time may the animal be leis unattended in a
public place.
10, The owner shall notify the City Manager immediately in the event the animal is at
large, has committed an attack on any person or animal, has been sold or
otherwise disposed of, or has died.
11. Such other reasonable conditions as the City Manager deems necessary to protect
the public safety and welfare.
6.24.060 Imnosition of remedy Alternative H.
Upon conclusion of the investigation, the City Manager may find that the complaint or
observation is substantiated, that the dog or other animal is aggressive within the meaning of Section
6.24.010, and that mitigating circumstances do not exist to allow the animal to be retained by its owner
or that the owner is unwilling or unable to properly train, handle or maintain the animal. In such event,
the City Manager shall revoke the animal's license and order that the animal be removed from the City
or humanely destroyed. Such a finding shall be prepared in writing.
6.24.070 Anneals.
A. Any person who is a party to a proceeding described in this chapter and who is
dissatisfied with the order of the City Manager shall have the right to appeal to the City Council.
1. The appeal shall be filed in writing with the City Clerk within ten (10) days after the
date of mailing of the order,
2. Within ten (10) days after receipt of a timely filed appeal, the City Clerk shall set the
appeal for hearing on the next regular meeting agenda of the City Council. The City
Council may continue the appeal hearing from time to time for good cause.
3. If an animal is ordered permanently confined, the order of the City Manager shall
remain in effect while the appeal is pending and the owner shall comply with all the
provisions thereof. If the owner of the animal is the appealing party, the failure to
permanently confine the animal during the pendency of the appeal shall be grounds
for dismissal.
4. If an animal is ordered removed from the City or humanely destroyed, the owner shall
cause the animal to be permanently confined in accordance with Section
Ordinance No. 339
6.24.050(B)(9) while the appeal is pending. If the owner of the animal is the
appealing party, the failure to permanently confine the animal while the appeal is
pending shall be grounds for dismissal of the appeal.
B. At the time of hearing the appeal, the City Council shall review and consider all evidence
submitted orally and in writing relating to the order of the City Manager and shall either uphold, reverse
or modify the order.
C. An appeal fee shall be paid within the time allowed for filing the appeal, as set forth in
Chapter 6.56. No appeal shall be processed or considered by the City Council unless such fee has been
paid.
6.24.080 Relief from conditions.
A. The owner of a dog or other animal subject to an order of the City Manager pursuant to
Section 6.24.050 or Section 6.24.060 may not sooner than twelve (12) months following such order,
apply to the City Manager for relief therefrom. The application shall contain an explanation of the
circumstances justifying relief, including evidence that the animal has completed a training program
approved by the Director that includes on -and -off leash obedience training, basic training and;a course
in behavioral problems. The application shall be accompanied by a certificate of completion and a
statement from the trainer certifying that the animal is no longer aggressive within the meaning of
Section 6.24.010.
B. Upon receipt of an application for relief, the City Manager shall notify all complainant(s)
and witness(es), if any, involved in the initial substantiated complaint or observation and conduct such
investigation as he or she deems appropriate, which shall at a minimum consist of observation of the
animal. The City Manager shall conduct a noticed hearing and based on the evidence presented, may: 1)
with respect to an animal ordered removed from the City, allow it to return, with or without imposition
of conditions, or 2) with respect to an animal subject to conditions pursuant to Section 6.24.050(B),
relieve the owner of some or all of the conditions.
C. Any person who is a party to the aforementioned proceeding and is dissatisfied with the
order of the City Manager shall have the right to appeal to the City Council pursuant to the procedure set
forth in Section 6.24.070.
6.24.090 Failure to comely.
A. In the event that the owner of an aggressive dog or other animal who has been ordered to
comply with any or all of the conditions contained in Section 6.24.050(B) fails or refuses to do so, the
City Manager shall schedule and conduct an administrative hearing on the sole question of whether the
conditions have been violated. The animal shall be impounded or confined pending the conduct of the
hearing. The City Manager shall set a time and place for a hearing at which evidence may be introduced
by all interested parties. At least ten (10) days' written notice of the hearing shall be provided to the
owner of the subject animal. If, based on the evidence presented, the City Manager determines that the
owner has failed or refused to comply with the conditions, the City Manager shall order the animal
removed from the City or humanely destroyed.
B. If a dog or other animal deemed aggressive and ordered subject to conditions pursuant to
Section 6.24.050(B) thereafter attacks a person or domestic animal causing injury, the City Manager
shall proceed under Section 6.24.060.
Ordinance No. 339
C. In the event that the owner of an aggressive dog or other animal which has been ordered
removed or humanely destroyed fails or refuses to comply, the City Manager may request that the
Director proceed to impound the animal and have it humanely destroyed.
D. The remedies provided for in this section are in addition to any other remedies provided
for in this Code and ate subject to appeal pursuant to the provisions of Section 6.24.070.
6.24. I00 Inarmlicability to trespassers.
The provisions of this chapter shall not apply to a dog which attacks, bites, or is aggressive
toward a person who is a trespasser or an animal which is on the property of the owner of said dog or
animal at the time of the attack without actual knowledge and permission of the property owner.
6.24.101 Renort to Citv Manager.
The Director or the Health Officer shall report any attack occurring within the City to the City
Manager.
Section 2. Section 6.20.010 of Title 6, Chapter 6.24 of the Rolling Hills Municipal Code is
hereby amended to read as follows:
6.20.010 Vaccination deadline.
A. Every person keeping, harboring or having any dog over four months of age in the City
shall cause such dog to be vaccinated with a rabies vaccine by a person licensed by the State of
California or other State to practice veterinary medicine, on or before the latest of the following dates:
I. Eighteen (1 S) months after vaccination with approved killed virus vaccine; or
2. Thirty (30) months after vaccination with live virus vaccine; or
3. Fifteen (15) days after first acquiring such dog; or
4. Fifteen (15) days after bringing such dog into the City; or
5. Fifteen (15) days after such dog reaches the age of four months.
B. All unvaccinated dogs under four months of age shall be confined to the property or
Premises of or kept under physical restraint by the owner.
PASSED, APPROVED AND ADOPTED this 106 day of November, 2014.
B. ALLEN LAY V
MAYOR
ATTEST:
HEIDI LUCE
CITY CLERK
Ordinance No. 339
STATE OF CALIFORNIA. )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Ordinance No. 339 entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
CHAPTER 6.24 OF THE ROLLING HILLS MUNICIPAL CODE IN ITS
ENTIRETY RELATING TO AGGRESSIVE ANIMALS AND
AMENDING SECTION 6.20.010 RELATING TO CONFINEMENT OF
UNVACCINATED DOGS UNDER FOUR MONTHS OF AGE.
was approved and adopted at a regular meeting of the City Council on November 10, 2014 by the
following roll call vote:
AYES: Councilmembers Black, Dieringer, Hill, Pieper and Mayor Lay.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
'Ylrl�iU��
HEIDI LUCE
CITY CLERK
Ordinance No. 339