2002 AGN APR 02 I03 - Laserfiche WebLink

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Item #3 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF April 2, 2002 TO: Honorable Mayor and City Council FROM: City Attorney SUBJECT: Vicious Dog Ordinance DATE: March 20, 2002 BACKGROUND: In recent years, the City has experienced an increase in the number of attacks by vicious dogs. These animals have seriously injured numerous residents, including children, and have also killed other dogs. One such attack occurred on December 27, 2001, when a pit bull viciously attacked and killed a dog belonging to a Colton resident. The City is currently prosecuting this matter as a criminal code enforcement violation. In addition, City staff and the City Attorney were directed to prepare an amendment for the Colton Municipal Code to include specific restrictions on potentially dangerous and vicious dogs to help ensure that future attacks do not occur. DISCUSSION/ANALYSIS: The City has the authority to adopt an administrative process to regulate and prohibit potentially dangerous and vicious dogs, pursuant to California Food and Agriculture Code Sections 31621 and 31683. In addition, the City is authorized by Government Code Section 36901 to impose fines and penalties for violations of the City's Municipal Code. In accordance with these statutory authorizations, the City Attorney has drafted a proposed ordinance that more clearly defines "vicious" dogs for purposes of seeking criminal prosecutions and clearly established the right of the City to have such vicious dogs humanely euthanized. In addition, the proposed ordinance establishes an administrative process to regulate and control potentially dangerous and vicious dogs within the City. A "vicious" dog is one that has actually killed a human or other animal or has inflicted severe injury, as defined by the ordinance. A "potentially dangerous" dog is one that has exhibited less severe tendencies, but some that nonetheless call for regulation of the dog. The administrative process contained in the proposed ordinance consists of the following steps: