1 STAFF REPORT
DATE: March 19, 2024
TO: Justin Hess, City Manager
FROM: Marisa Garcia, Park, Recreation and Community Services Director VIA: Kristen Smith, Park, Recreation and Community Services Assistant Director
BY: Brenda Castaneda, Animal Shelter Superintendent
SUBJECT: Adoption of a n Ordinance Establishing Article 16, Potentially Dangerous and Vicious Animals in Chapter 1 Animals, Title 5 of the Burbank Municipal Code
RECOMMENDATION
Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK ESTABLISHING ARTICLE 16, POTENTIALLY DANGEROUS AND VICIOUS ANIMALS IN CHAPTER 1 ANIMALS, TITLE 5 OF THE BURBANK MUNICIPAL CODE (Attachment 1).
SUMMARY
The Potentially Dangerous and Vicious Animals Ordinance ( Ordinance) was introduced at a regular meeting of the City Council on February 27, 2024. Mayor Schultz (virtually), Vice-Mayor Perez, Council Member Anthony, and Council Member Mullins were present.
Typographical errors were subsequently identified in sections 5-1-1603, 5-1-1609, and 5- 1-1610 in the draft Ordinance and required replacement of the word “dog” with “animal”.
City Council directed staff to add language to 5-1- 1603(A) preventing the Investigating Officer from making a finding of probable cause solely based on the breed of the animal.
This language was added to the proposed Ordinance.
PARKS AND
RECREATION
2 Vote at Introduction:
AYES: Anthony, Mullins, Perez, and Schultz.
NOES: None.
ABSENT: Takahashi.
This Ordinance is now presented for adoption.
Proposed Changes
To address the typographical errors and Council’s request for additional language, staff has amended the proposed Ordinance as stated below.
Section 5-1-1603 of the proposed Ordinance has been amended to read as follows (for the purpose of clarity, the amendment is noted in red):
A. If an animal control officer or a law enforcement officer, hereinafter referred to as the Investigating Officer, has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, considering all relevant evidence, and not solely based on the breed of the animal, they shall petition the Superintendent of the City’s Animal Shelter, or their designee, to determine whether the animal is potentially dangerous or vicious. The Superintendent, or their designee, shall thereafter set a hearing pursuant to Food and Agriculture Code Section 31621 for the purpose of determining whether or not the animal in question should be declared potentially dangerous or vicious.
C. The hearing shall be held promptly within no less than five working days nor more than ten working days after service of notice upon the owner or keeper of the animal.
E. ( 1.) The animal shall be properly licensed by the Animal Shelter and vaccinated against rabies. The Animal Shelter shall include the potentially dangerous or vicious designation in the registration records of the animal. The Animal Shelter may charge a potentially dangerous animal registration fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the animal.
Section 5-1-1609 of the proposed Ordinance has been amended to read as follows (for the purpose of clarity, the amendment is noted in red):
The owner or keeper of an animal which has previously been determined to be potentially dangerous after an administrative hearing or judicial hearing by another jurisdiction shall notify the City, in writing, within two business days, of any intention to keep, own, or harbor the animal in the City, and shall provide any documentation requested by the City Animal Shelter, including, but not limited to copies of prior 3 orders issued by an administrative hearing officer or a court. No animal which has previously been determined to be vicious after an administrative hearing or judicial hearing by another jurisdiction will be allowed to be kept, owned, or harbored in the City. Any notice by the City’s Animal Shelter to remove, abate or destroy any animal owned, harbored, or maintained in violation of this section may be appealed to the Superintendent of the City’s Animal Shelter, or their designee, by filing a written statement setting forth the factual basis for the appeal within ten business days from the date the notice was served on the owner or keeper of the animal. The date of service is the day the notice was personally served, or deposited in the mail by the Animal Shelter.
Section 5-1-1610 of the proposed Ordinance has been amended to read as follows (for the purpose of clarity, the amendment is noted in red):
A. Any violation of this article, including a failure to permit inspection as set forth in Section 5-1-1604 subsection B, involving a potentially dangerous animal, shall be punished by a fine not to exceed five hundred dollars ($500). Any violation of this article, including a failure to permit inspection as set forth in Section 5-1- 1604 subsection B, involving a vicious animal, shall be punished by a fine not to exceed one thousand dollars ($1,000). All fines paid pursuant to this article shall be paid to the City for the purpose of defraying the cost of the implementation of this article.
ENVIRONMENTAL REVIEW
This activity involves administrative and regulator y activity and has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal.
Code Regs § 15378. In addition, because the potentially dangerous and vicious procedures and requirements are already a matter of State law, and the Ordinance simply creates a local administrative process to ensure compliance, it is seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is not subject to the requirements of CEQA 14 Cal. Code Regs § 15061(b)(3).
FISCAL IMPACT
The City will receive additional revenue from the collection of Potentially Dangerous Animal Registration and Hearing Fees to provide for the increased costs of maintaining the records of the animal.
ATTACHMENTS
Attachment 1 – Ordinance