SR-701-002
f:\atty\muni\strpts\mjm\dangerousanimals.wpd
City Council Meeting 12-5-0000 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: An Ordinance of the City Council of the City of Santa Monica Amending
Santa Monica Municipal Code Sections 4.04.280 and 4.04.290 Relating to
Dangerous Animals
Introduction
The City Council directed the City Attorney to prepare an ordinance which would give the
Citys Animal Control Officers the power to deal with vicious animals other than dogs. The
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attached proposed ordinance responds to the Councils direction and is presented for first
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reading.
Background
The City has received complaints from residents about attacks by vicious cats. In
response to these complaints, the Council directed staff to propose amendments to the
Municipal Code which would give animal control officers the power to take action in
response to such complaints.
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Discussion
The attached proposed ordinance amends Santa Monica Municipal Code Sections
4.04.280 and 4.04.290 to widen their application from vicious dogs only to dangerous
dogs, cats and other animals.
Apart from broadening the application of these sections, the proposed amendment would
not change the basic approach. After receiving a sworn statement that a particular dog,
cat or other animal had bitten a human or other animal, an animal control officer would
investigate. If the investigation showed that the animal was dangerous, the owner would
be ordered to keep the animal confined within a suitable enclosure. The failure to do so
would be a misdemeanor.
Financial/Budget Impact
The proposed ordinance has no financial or budgetary impact.
Recommendation
It is respectfully recommended that the accompanying ordinance be introduced for first
reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Betty Haviland, Chief Deputy, Criminal Division
Claudia Thompson, Legal Admin. Staff Asst.
James T. Butts, Jr., Chief of Police
Sgt. Mike Cortrite
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f:\atty\muni\laws\mjm\dangerousanimals-1.wpd
City Council Meeting 12-5-00 Santa Monica, California
ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 4.04.280 AND 4.04.290 RELATING TO DANGEROUS ANIMALS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.04.280 is hereby amended to
read as follows:
Section 4.04.280. Vicious dog Dangerous animals.
Upon receiving an affidavit from any person who has been bitten by a dog, cat or
other animal or from any person who has witnessed such occurrence, after such
investigation and upon reasonable indication of viciousness on the part of such animal, an
animal biting a person or another animal, the Animal Control Officer shall investigate. If
the investigation reveals facts which tend to show that the animal is dangerous, the
Humane Animal Control Officer shall may notify the person having the care, custody and
control of such dog, cat or other animal in writing, that the dog animal is to must be
thereafter kept at all times within an adequate enclosure on the property or premises
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where such person resides.
SECTION 2. Santa Monica Municipal Code Section 4.04.290 is hereby amended to
read as follows:
Section 4.04.290. Vicious dog Dangerous animal quarantine.
Upon receipt by the When a person having the care, custody and control of such a
dangerous dog, cat or other animal receives a of the notice from the Animal Control Officer
ordering containment of the animal from the Humane Officer to keep the dog confined on
the property, such that person must shall thereafter at all times keep such dog the animal
securely restrained on the his or her premises either by use of an adequate chain attached
to the animals collar or harness of such dog, or within an enclosure sufficiently strong to
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prevent such dog the animal from escaping therefrom and going at large, until and unless
such dog has been released in writing by the Humane Officer the Animal Control Officer
issues a notice releasing the animal from containment. No transfer of the place of restraint
can be done made without the written consent in writing of the Humane Animal Control
Officer. Failure to comply with the Animal Control Officers order of containment shall be a
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misdemeanor.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
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SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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