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0963RESOLUTION NO. 963 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MODIFYING THE DECISION OF THE CITY MANAGER AND ORDERING THE CONFINEMENT OF A DOG ("TODD")TO THE OWNERS' PROPERTY The City Council of the City of Rolling Hills does hereby resolve and order as follows: Section 1. The proceedings described in this Resolution were conducted pursuant to the authority and procedures set forth in Chapter 6.24 of Title 6 of the Rolling Hills Municipal Code, entitled "Dogs Attacking Persons or Animals." All "section" references in this Resolution are to sections contained_ in Chapter 6.24. Section 2. The subject of the proceedings described in this Resolution is a sheltie mix named Todd ("the dog"), owned by Mr. and Mrs. Galen Craig ("Owners"), who reside at 29 Chuckwagon Road in the City of Rolling Hills ("City"). Section 3. The course of events that led to this proceeding are summarized as follows, more detailed descriptions of which can be found in the staff report dated August 23, 2004 and the attachments thereto, all of which are hereby incorporated into this Resolution by reference as though fully set forth: A. The Owners have owned Todd and kept him at their property in the City for approximately ten years. During that time, the evidence shows, and the Owners admit, that Todd was never licensed as required by the Municipal Code, and received only one vaccination, which is also contrary to Code requirements. B. Upon receipt of a complaint on June 29, 2004 from Mr. Donovan Black, 39 Chuckwagon Road, an investigation conducted by the City Manager and the Los Angeles County Department of Animal Care and Control (the "Department") determined that on June 20, 2004 Todd had, while off the Craigs' property, engaged in an aggressive act (an attack) against Mr. Black.- specifically, Todd bit Mr. Black in the leg in an unprovoked attack. Further,, the investigation revealed .that Todd was unlicensed .Sat the time of the June 20 incident and has never been licensed. Pursuant to Section 6.24.030, the City Manager, in his letter to the Owners dated July 19, 2004, determined that the nuisance allegations had merit and based on the severity of the attack and the fact that Todd was unlicensed, ordered Todd permanently removed from the City. Section 4. Pursuant to Section 6.24.040, the Owners appealed the City Manager's order of July 19, 2004. A hearing on the appeal was scheduled for and conducted on August 23, 2004. The City Council received a written staff report containing numerous attachments, correspondence from the Owners and correspondence from Dr. Lynn and Mrs. Sheri Gill, Dr. Mark S. Minkes and Dr. and Mrs. Leonard Swanson. Testifying at the hearing were the Owners Mr. and Mrs. Galen Craig, Dr. Ricardo Huete, Mr. Donovan Black, and Los Angeles County Animal Control Officer Jacqueline Green. The City Council reviewed and considered all of the written and oral evidence submitted in the matter prior to making its decision. Section 5. Based on all of the foregoing, the City Council makes the following factual findings: A. Todd -by all accounts is a timid dog with no history of aggressive behavior. Evidence suggests that Todd is routinely bullied by other neighborhood dogs. This is the first reported incident of aggressive behavior by Todd. B. At the time of the attack against Mr. Black, Todd was unlicensed, itself alone a ground for removal from the City pursuant to Section 6.24.030. C. Mr. Black received medical attention for his bite wound, and provided pictures of the bite wound and testified credibly regarding the attack. The evidence shows that Mr. Black was bitten by Todd. Section 6. In addition to the foregoing findings, the City Council draws the following conclusions from the evidence: A. Animal Control Officer Green testified that in her experience and based on her knowledge, it is possible that Todd could again display aggressive behavior despite his timid nature. Resolution No. 963 -1- B. The City Council finds that if allowed to roam free in the City, Todd may pose a risk of harm to other persons or animals. An attack by a dog against a person is unacceptable in a community without a leash law. Regardless of Todd's history, the evidence shows that the attack occurred, and that future aggressive behavior is possible. D. The failure of the Owners to license Todd for at least ten years demonstrates disregard for City laws. E. Given Todd's otherwise timid nature, permanent expulsion from the City is not warranted at this time. However, Todd should be confined to the Craig's property to ensure the safety of others, subject to Section 7 below. Section 7. The City Council hereby modifies the decision of the City Manager, and based on the evidence received de novo at its hearing of August 23, 2004, pursuant to Section 6.24.040 hereby orders Todd permanently confined to the Owners' property. Should the Owners not obtain a license and all required vaccinations for Todd by September 8, 2004, and provide proof thereof to the City Manager, the confinement order is automatically stayed and Todd is hereby ordered permanently removed from the City. Should the Owners comply with the directives in this Section 7, the Owners are hereby ordered and directed to annually document to the City Manager proof of annual licensing and vaccinations as required by law. PASSED, APPROVED AND ADOPTED Mayor ATTEST: Marilyn Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS The foregoing Resolution No. 963 entitled: ay of tember A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS MODIFYING THE DECISION OF THE CITY MANAGER AND ORDERING THE CONFINEMENT OF A DOG ("TODD")TO THE OWNERS' PROPERTY 1 was approved and adopted at a regular meeting of the City Council on September 13, 2004, by the following roll call vote: AYES: Councilmembers Rlack., Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: None. ABSTAIN: None. �n MarilY Deputy City Clerk Resolution No. 963 -2-.