CC Ordinance 2244ORDINANCE NO. 2244
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL AMENDING
CHAPTER 7.30 OF THE CAMPBELL
MUNICIPAL ICODE REGARDING
RESTRICTIONS ON DANGEROUS DOGS
THE. CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council finds that dangerous dogs significantly imperil
the safety of the public and create a serious risk of harm to persons and domestic
animals. In order to mitigate this risk,_ stringent restrictions on dangerous dogs are
clearly warranted. Allowing any animal to create such a risk would constitute a
fundamental alteration to the. nature of the City' animal control program. However, the
City Council also recognizes that some modification of these restrictions may
occasionally be appropriate to allow certain highly' trained dogs to perform tasks
beneficial to the public welfare, when such tasks can be performed without significantly
threatening public safety. This ordinance is intended to clarify the extent and
circumstances under which exceptions may be allowed to the customary restrictions
placed on dangerous dogs when they may be existing service animals.
SECTION 2. Subsection (a) of section 7.30.140 of the Campbell Municipal Code is
hereby amended to read as follows with strike throughs (stroke throughs) indicating
deleted text, and underlying (underlining) indicating added text:
(a) Any dog which exhibits any behavior falling within the definition of a
"dangerous dog" as defined in subsection (d) of section deSGribed in CIVIC
7.04.010(d)(2) may be determined to be a dangerous dog. The status shall be
established after a hearing as hereinafter provided. Proceedings may be instituted by:
(1) Observation by the animal control officer;
(2) A complaint sworn by a person or persons who observed the behavior
complained of.
SECTION 3. Section 7.30.150 of the Campbell Municipal Code is hereby amended to
read as follows with strike throughs (stFi a throug-li ) indicating deleted text, and
underlying (underlining) indicating added text:
7.30.150 — Restrictions of dogs designated as "dangerous."
(a) The owner or person with the right to control a dangerous dog shall be required to:
(1) Keep the dog under his/her own physical restraint by:
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a. Means of a non -retractable leash not to exceed three feet in length;
b. Capable of restraining four times the weight of the dog;
c. Attached to an escape -proof commercial -quality walking harness that
fastens securely across the shoulders and mid -chest, encompassing the
rib area and upper abdomen of the dog;
d. No neck collar of any type or material will be sufficient;
e. The dog shall not be leashed or tethered at any time to inanimate
objects such as trees, posts or buildings, except when the dog is inside a
securely enclosed, escape -proof locked kennel or pen;
f. The dog shall be securely muzzled with a device constructed to allow
normal respiration but impossible for the dog to remove without human
assistance; and
g. The dog shall be under the direct physical control of a person who is at
least eighteen years old and who is physically capable of restraining the
dog.
(2) The City Manager may require the use of specially marked or colored leash
and collar or harness for identification of dangerous dogs.
(3) The dog shall be spayed or neutered.
(4) The dog shall have a microchip implant for identification purposes.
(5) The owner of such animal shall immediately keep such animal in a securely
enclosed, escape -proof, locked kennel or pen, the location and placement of
which shall be determined by the hearing officer. Such kennel, pen or structure
must have secure sides and a secure top attached. The kennel or pen must be
constructed in a manner and of such materials so that it cannot be broken down
by any action of the confined dog. All structures. used for confinement of
dangerous dogs must be locked with a key or combination lock of sufficient
strength to ensure confinement of the dog. Such structures ,must be erected
upon a secure bottom or floor constructed of concrete or other material of
sufficient depth to prevent the dog from digging free. Sides of the structure shall
be imbedded not less than two feet into the ground behind a solid fence not less
than six feet in height. The supporting posts of the structure shall be set in
concrete or other material not less than two feet into the ground and no further
than six feet apart. The sides and ends of the structure shall be constructed of
solid boards or chain -link material not less than six feet in height and securely
fastened to the top and bottom of the structure. The structure shall not be
constructed or maintained in any front or ,required side yard and shall be
maintained in a sanitary condition at all times. The dog(s) confined therein shall
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be afforded adequate protection from the elements and kept in a humane
manner.
(6) The dog must be confined by means of a house, apartment, building or
similar, structure wherein the windows and doors are secured to prevent the dog
from exiting without the assistance of the owner or person having a right to
control such dog.
(7) Any owner or person having a right to control the dog shall seek pre -approval
from the City Manager for a dog obedience class and attend the dog obedience
class with the dog that exhibited behavior that led to. this designation.
(8) The owner must post a sign advising of the presence of a dangerous dog at
the entrance to every place wherein any such dog is confined. The sign must be
capable of being understood by a child with the normal reading skills of a second
.grader.
(9) No person shall transport a dangerous dog except in a locked animal carrier
equivalent in construction quality to those used by commercial air carriers.
(10) No person shall leave a dangerous dog unconfined or unattended in or
about any motor vehicle.
It is understood that the provision of subsection (a)(5) of this section shall not
apply to the owner or person with the right to control a dangerous dog living in an
apartment or condominium.
(b) Subsection (a) of Tthis section shall not apply to the following:
(2) Dogs participating in field or obedience trials or conformation exhibitions;
(2 �) Dogs assisting their owner/handler in legal hunting, activities or in the
herding of livestock;
(3 -4-) Dogs assisting a security guard or assisting a peace officer engaged in
law enforcement activities; and
(4 5) Dogs actively engaged in training being tFaiR ^' for any of the above -
described purposes on private property with the permission of the landowner, so
long as these dogs are under the direct control of individuals who assure that
they do not violate any other provision of law.
SECTION 3. Section 7.30.155 is hereby added to Chapter 7.30 of the Campbell
Municipal Code to read as follows:
Page
7.30.155 — Exceptions to Restrictions of dogs designated as "dangerous"
for Service Animals
(a) A hearing officer appointed in accordance with paragraph (4) of subsection (b) of
section 7.30.140 shall grant an exception to the restrictions set forth in section
7.30.140 if the hearing officer finds all of the following:
1. The owner of the dog or a member of the owner's immediate household has a
lawfully recognized disability;
2. At the time of committing the act that qualifies the dog as a dangerous dog as
defined in subsection (d) of section 7.04.010, the, dog was a Service Animal
as defined in subsection (s) of section 7.04.010;
3. The dog demonstrates to the hearing officer that it can successfully and
repeatedly perform work or tasks for the benefit of the owner or member of
the owner's immediate household that are directly related to the disability of
the owner or household member;
4. The exception is necessary to allow the dog to perform the work or tasks for
the benefit'of the owner or member of the owner's immediate household that
are directly related to the disability of the owner or household member; and
5. The exception would not create a significant risk to the health or safety of
persons or domestic animals, as defined in subsection (d) of section
7.04010.
(b) Except as provided in subsection (c) of this section, all requests for exceptions to
the requirement of section 7.30.150 sought under this section must be raised and
decided as part of proceedings conducted in accordance with section 7.30.140.
Failure to raise a request for an exception during those proceedings will be
deemed to be a waiver of the right to seek such an exception. During the
hearing, the dog must be presented and able to demonstrate that it can
successfully and repeatedly perform work or tasks that are directly related to the'
disability of the owner..or household member. At any time that the dog is present,
reasonable precautions may be imposed to ensure the safety of all persons, such
as, but not limited to the partitioning of the dog from all persons or other animals.
(c) The owner of any dog that was found to be a dangerous dog prior to July 1,
2019, may request an exemption by submitting a written request to the City
Manager or his or her, designee on or before September 1, 2019. Failure to
submit a request prior to September 1, 2019 will be deemed to be a waiver of the
right to seek such an exception. Upon: receipt of a timely submitted request for an
exception, a hearing officer shall be appointed and a hearing conducted in
substantial conformance to the procedures of paragraphs (1) through (7) of
subsection (b) of section 7.30.140 to determine what, if any, exception to the
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requirements of section 7.30.140 are to be permitted. During the hearing, the dog
must be presented and, able to demonstrate that it can successfully and
repeatedly perform work or tasks that are directly related to the disability of the
owner or household member. At any time that the dog is present, reasonable
precautions may be imposed to ensure the safety of all persons, such as, but not
limited to the partitioning of the dog from all persons or other animals.
SECTION 4. This ordinance is intended to clarify and provide for the implementation of
existing law; and the ordinance shall apply retrospectively.
SECTION 5. If any section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision or decisions 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 section, subsection, sentence, clause and'
phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid.
SECTION 6. This ordinance shall become effective thirty ,(30) days following its
passage, and shall be published one time within fifteen (15) days upon passage and
adoption in the Campbell Express, a newspaper of general circulation in the City of
Campbell, County of Santa Clara.
PASSED AND ADOPTED this 4t" day of June, 2019 by the following roll call vote:
AYES: Councilmembers: Resnikoff, Bybee, ,Gibbons, Landry, Waterman
NOES:- Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Ric and Im. Waterman, Mayor
ATTEST:
Wendy ood,- City Clerk
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