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1 to be, removed from the list of potentially dangerous dogs prior to the expiration of the 36 - month period if the owner or keeper of the dog demonstrates to the Animal Control 2 Department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety. 3 4 7.10.120Destruction; nondestruction, conditions; enclosures. (a) A dog determined to be a vicious dog may be destroyed by the Animal Control 5 Department when it is found, after proceedings conducted under Section 7.10.040, that the release of the dog would create a significant threat to the public health, safety, and welfare. 6 (b) If it is determined that a dog found to be vicious shall not be destroyed, the Hearing 7 Entity or, if appealed, the court, shall impose conditions upon the ownership and keeping of the dog that protect the public health, safety, and welfare. 8 (c) Any enclosure that is required pursuant to subdivision (b) shall meet the 9 requirements of Section 7.10.010, subdivision (e). 10 7.10.130 Prohibition of owning, possessing, controlling, or having custody. The 11 owner or keeper of a dog determined to be a vicious dog may be prohibited by the Hearing Entity, or if contested, the court, from owning, possessing, controlling, or having custody of 12 any dog for a period of up to three years, when it is found, after proceedings conducted 13 under Section 7.10.040, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare. 14 7.10.140 Penalty; fines. The failure of an owner or keeper to comply with an order 15 issued by the Hearing Entity shall be and is hereby declared a public nuisance. Such 16 public nuisance may be punished as a misdemeanor with a fine not to exceed one thousand dollars ($1,000), remedied by way of a civil action prosecuted by the City 17 Attorney, or abated by the Animal Control Department. All fines paid pursuant to this Section shall be paid to the City for the purpose of defraying the cost of the implementation 18 of this Chapter. Nothing contained in this Chapter shall be construed as limiting the 19 authority of the City to pursue any other remedy or remedies provided at law or in equity relating to vicious or potentially dangerous dogs, including, without limitation, a criminal 20 action pursuant to Chapter 7.08 of this Code, the issuance of administrative citations pursuant to Chapter 8.12 of this Code, or a civil action." 21 22 SECTION 4: If any provision of this Ordinance or the application thereof to any 23 person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or 24 application, and to this end the provisions of this Ordinance are severable. 25 26 ll!!ll 27 28 SECTION 5: The City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation, printed and published in Colton, California, and the RVPUB\3SB\629353 -7-