City cracks down on aggressive animals
“It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing animal which threatens, harasses, or intimidates a person who is peaceably and lawfully upon public or private property,” the new proposed ordinance begins.
The Paso Robles City Council voted Tuesday night to toughening local laws against aggressive animals. The new rules were being recommended by Paso Robles Police Chief Robert Burton to bring the city rules inline with the county’s. The ordinance had its first reading March 4 and is set to go into effect in a month.
“The city is required to enact municipal codes, which are similar to and consistent with the county’s codes regarding the care, keeping, and management of animals,” writes Chief Burton in a report to the council. “Current laws governing aggressive and menacing animals are insufficient to address the adverse health, safety and welfare impacts of aggressive and menacing animals within the city.”
“The city desires to protect the safety and welfare of responsible pet owners and their pets from animals demonstrating aggressive or menacing behavior that threaten to cause, or actually cause, harm to city residents and their pets,” the report says.
The city currently contracts with the San Luis Obispo County Division of Animal Services for animal care and control services. The County Division of Animal Services found a need for a new ordinance because of a gap in the current statutes regarding aggressive animals, the report says. Current laws do not address aggressive or menacing dogs that have not yet attacked a person, dogs that have attacked or killed only one animal, dogs that have been previously designated as a potentially and vicious animal, and other dangerous or aggressive animals.
In addressing the gap, the new ordinance requires owners to ensure that aggressive animals are securely confined, and it establishes penalties for owners of animals that fit the defined criteria with the intent to prevent attacks. The landlord responsibility section is intended to address landlords who knowingly allow their tenants to keep menacing and aggressive animals on their property and states that the landlord “may” be liable for penalties if the violation has not been corrected subsequent to a two week notice. Inclusion of this language provides an additional problem-solving tool to address
public safety concerns.
Proposed ordinance – Menacing and aggressive animals
a) It is unlawful for any person to keep, harbor, or maintain any aggressive or menacing animal which threatens, harasses, or intimidates a person who is peaceably and lawfully upon public or private property, unless it is contained in an enclosure of a construction adequate to keep it securely confined and prevent its escape.
b) Upon notification of a violation of subsection (a), the animal owner(s) must immediately confine it to an enclosure or location which mitigates the aggressive and menacing behavior.
c) It is unlawful for any person to permit any animal owned, harbored, or controlled by him to attack and cause severe bodily injury or death to another domestic or captive animal while off the property of its owner or keeper.
Definitions
(1) An “aggressive animal” includes, but is not limited to, any animal whose behavior indicates it is prone to unprovoked attacks against a person or other animal.
(2) A “menacing animal” includes, but is not limited to, any animal which, through its behavior, demonstrates an intention to inflict harm or otherwise places a person in reasonable fear for his or her safety, or the safety of animals kept by him or her.
(3) “Severe bodily injury” means any physical injury which results in deep lacerations with separation of subcutaneous tissues, muscle tears or lacerations, fractures or joint dislocations,or permanent impairment of locomotion or special senses
Penalties
(1) $100 for the first violation.
(2) $200 for the second violation of subsection (a) or (c) within one year.
(3) $500) for each additional violation of subsection (a) or (c) within one year.
(4) For the purposes of this section, a separate violation of subsection (a) shall be judged to exist for each 24 hour period in which an animal’s menacing and aggressive behavior continues unmitigated.
Liability of property owners
(1) Owners of properties upon which a tenant keeps, harbors, or maintains any aggressive or menacing animal may, along with the animal owner(s), be jointly and severally liable for penalties related to violations of subsection (a), provided that they have received at least 14 days prior written notice of the existence of such violation and the violation has not been abated.
Comments
