AgdaPkt 2006-01-23 - Laserfiche WebLink

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&-6 Section 6.04.1 05(d), Exhibit B at page 8, envisions payment of a fee where any interested person desires to appeal a determination when an animal is vicious. Subsection (1) of Section 6.04.115, Exhibit B, page 11, envisions payment by an animal owner for costs of hearing not to exceed $350. Both of these provisions are currently being reviewed by County Counsel relative to their enforceability. Although under review, the County Counsel recommends that the fee language be adopted as presently set forth. The amount of the fee described in Section 6.04.1 05(d) has not yet been set. Because of this, and because Section 6.04.115(f) provides that the hearing officer can eliminate the $350 fee, in the event the County Counsel determines that either or both of the fees described above are not appropriate, it will not be necessary to make any further revisions to the ordinance. The fees will simply not be imposed. Section 6.04.120, Exhibit B, pages 13-17, continues extensive requirements for keeping animals for which a dangerous animal permit has been issued. This includes having the animal micro-chipped and registered with the animal control program (see Section 6.04.120(i), Exhibit B, pages 15-16). No more than two dangerous animals may be kept at anyone household per (Section 6.04.120 (I), Exhibit B, page 16. Dangerous animals which have been so designated as a result of aggression against humans may not be kept on property nor a household where a juvenile (under age 18) resides. (Section 6.04.120 (m), Exhibit B, page 16). Section 6.04.130, Exhibit B, page 12, provides that the majority of penalties for violations of the animal control ordinance are infractions. A misdemeanor penalty is imposed for keeping a vicious animal or failing to properly maintain a dangerous animal. (See Section 6.04.105(a), Exhibit "B", page 7, and Section 6.04.100 (a), Exhibit "B", page 5). Sections 6.04.140 regarding possession of animals after revocation of dangerous animal permits or vicious declaration, and 6.04.150 regarding fees for inspection of property, have been revised and are set out in Exhibit "B", page 18. Section 6.04.160, Exhibit "B", pages 18-20, and Section 6.04.170 of Exhibit "B", page 21, adopt extensively re-written regulations regarding revocation or modification of dangerous animal permits with related hearing procedures and the impoundment of animals. Section 6.04.180, Exhibit "B", page 22, provides for notice being given upon impoundment of any animal and hearing procedures as set out in Section 6.04.115. This supplants the previous hearing provisions of Section 6.04.190 in Exhibit "A" at page 9. Section 6.04.250, Exhibit A, page 10, authorizes declaration of epidemic diseases or rabies and provides for rules and orders necessary to control all animals concerned. This includes impoundment, quarantine, vaccination or destruction. Section 6.04.260, Exhibit "A", page 10, requires reports to be made when an animal has bitten a human being. Atty/Agenda Reports/Animal Control 101805 3