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1 2 7.08.100 Vicious and noisy animals prohibited. No person shall at any time harbor, own, voluntarily care for or have in custody any animal of any kind that is 3 vicious, or any animal that in a threatening or annoying manner barks, snarls or menaces a person or persons within the city, or any animal that barks, howls or 4 makes loud, annoying noises or sounds so that the same creates a serious menace to 5 others in the immediate neighborhood to the detriment of the public health, safety or general welfare of persons in the neighborhood. For the purposes of this Section, a 6 'vicious dog" shall have the same meaning as provided in Section 7.10.010, subdivision 0) of this Code. 7 SECTION 2: Section 7.08.150 of the Colton Municipal Code is hereby amended in 8 its entirety to read as follows: 9 10 7.08.150 Violation of Sections 7.08.010 through 7.08.150 --Penalty. Any person violating Sections 7.08.0 10 through 7.08.150 is guilty of a misdemeanor and 11 upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for a period not exceeding six months or both such fine 12 and imprisonment. In addition to the foregoing, upon conviction of any person or upon an entry of guilty or nolo contendere plea for a violation of Section 7.08.100, 13 the vicious animal shall be deemed automatically forfeited to the City, which may 14 humanely euthanize and dispose of such vicious animal. Nothing contained in this Section shall be construed as a limitation upon the remedies available to the City, 15 including without limitation, the issuance of administrative citations pursuant to Chapter 8.12 of this Code, a civil action, or administrative abatement, or any 16 combination thereof. 17 SECTION 3: Chapter 7.10 of Title 7 of the Colton Municipal Code is hereby added 18 to read as follows: 19 "Chapter 7.10 20 VICIOUS AND POTENTIALLY DANGEROUS DOG DETERMINATIONS 21 Sections: 22 7.10.010 Definitions. 7.10.020 Nonapplication of Chapter. 23 7.10.030 Seizure and impoundment pending hearing. 7.10.040 Hearing on declaration of dog as potentially dangerous or vicious. 24 7.10.050 Failure of owner or keeper to appear; decision. 7.10.060 Determination and orders; notice; compliance; appeal. 25 7.10.070 Finality of determination. 7.10.080 Licensing and vaccination; potentially dangerous designation maintained 26 in registration records; additional fee. 7.10.090 Keeping and controlling potentially dangerous dogs. 27 7.10.100 Death, sale, transfer, or permanent removal; notice. 7.10.110 Removal from list of potentially dangerous dogs. 28 7.10.120 Destruction; nondestruction, conditions; enclosures. 7.10.130 Prohibition of owning, possessing, controlling, or having custody. 7.10.140 Penalty; fines. RVPUBUSB\630393 -2-