MEETINGAGENDA
rhe city council/s"rT'j:iffilrltf the City of Firebaugh Location of Meeting:
Date/Time:
CALL TO ORDER
ROLL CALL
Andrew Firebaugh Community Center
1655 13th Street, Firebaugh, CA 93622
January 6, 2025/5:30 p.m.
Mayor Freddy Valdez
Mayor Pro Temp Silvia Renteria
Council Member Brady Jenkins
Council Member Felipe Perez
Council Member Elsa Lopez
In compliance with the Americans with Disabilities Act, if you need special assistance to access the Andrew Firebaugh Community Center to participate at this meeting, please contact the Deputy City Clerk at (559) 659-2043. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to the Andrew Firebaugh Community Center.
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall, in the Deputy City Clerk's office, during normal business hours.
PLEDGE OF ALLEGIANCE
APPROVAL OF THE AGENDA
PRESENTATION
o Billie Hansen, Recycling Programs Manager of Mid Valley Disposal to provide an annual update and present the Recycler of the Year award to the recipient.
o Recognition of Sharanjit Singh for annual support of the Police Department toy giveaway. o Swear-in Officer Jesus Molina, Reserve Officer Victor Albarran, and Dispatcher Angel Cruz.
PT]BLIC COMMENT
Any person or persons wishing to acldress lhe City Council on an! matter that is not on the agenda may do so at this time. Individuals musl limit their cotnments to three minutes. Issues raised during Public Commenls are informational only and the Council cqnnol lake action dt this time. All comments should be directed at the Mayor and not at individual comtcil members or staf members.
CONSENT CALENDAR
Items listed on the calendar are considered routine and are acted upon by one motion unless any Council member requests separate action. Typical items include minutes, claims, adoption ofordinances previously introduced and discussed, execution ofagreements and other similar items.
1. APPROVAL OF MINUTES - The Citv Council reeular meetine on December 16. 2024.
PUBLIC HEARING
2. ORDINANCE NO. 25-01 - AN ORDINANCE OF THE CITY COUNCIL OF'THE CITY OF FIREBAUGH UPDATING LANGUAGE OF CHAPTER 6 ENTITLED ANIMAL REGULATIONS OF FIREBAUGH MUNICIPAL CODE - FIRST READING.
Recommended Action: Council receives public comment & waives the first reading of Ord. 25-01
NEW BUSINESS
3. THE CITY COT]NCIL OF THE CITY OF FIREBAUGH TO DISCUSS THE APPOINTMENT OF THE CITY CLERI( AND CITY TREASURER POSITIONS AI\D PROCESS.
Recommended Action: Information only
STAFF REPORTS - Written and enclosed in the agenda packet.
COUNCIL MEMBERS AGENDA ITEMS
prrBLIc COMMENT ON CLOSED SESSION ITEM(S) ONLY
CLOSED SESSION
4. Conference with Real Propertv Neeotiators - Government Code $54956.8. Property:
APNs 008-074-04,18 & 19, located at O Street & l lth Street. City Negotiator: Ben Gallegos. Negotiating Parties:
Phillip Lien, N. F. Davis Drier and Elevator, Inc. Under Negotiation: terms of property purchase, including price.
5. Conference with Real Property Negotiators - Government Code S54956.8.
Property: APNs 008-072-06 located at O Street & 1lth Street. City Negotiator: Ben Gallegos. Negotiating Parties Phillip Lien, N. F. Davis Drier and Elevator, Inc. Under Negotiation: terms of property purchase, including price.
6. Government Code Section 54957
PUBLIC EMPLOYEE EVALUATION: City Manager
ANNOUNCEMENT AF'TER CLOSED SESSION
ADJOT]RNMENT
Certification of posting the aqenda
I declare under penalty ofperjury that I am employed by the City of Firebaugh and that I posted this agenda on the bulletin boards at City Hall, on January 3, 2025
Jl - MItr VALLEY trIsPtrsAL
FIREBAUGH UPDATE
Billie Honsen I Recycling Progroms Monoger
COMMUNITY EVENTS
FLUSD MICRANT PnnENT MINICONFERENCE ,J\rrr'rr"' o lj-{}3_ r.S- - :-' .--I:' -r '4 IIlil._ r.il -.
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o 124 Srrr Vrsrrs PTnFoRMEDo Ovrn 4,000 EDUCATToNAL FLTERS
DISTRIBUTED TO THE COMMUNITY
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2. ANNUAL RoUTE RrvlEWS:
SB I 383 PROGRAM . RoUTE CONTAMTNATTON Sruov
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ROUTE REVIEW PROCESS
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SAMPLE FROM CONCENTRATED STOP
AREAS
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ROUTE REVIEW RESULTS
o ConnMERcrAL RouTEs: 3 . (rnRsn) uos ruppro: 44 . CoNTAMTNATToN: 21 (48%) <-i'*&}> -'-t_/
o RTSTDENTTAL RouTEs: 8
a (Tnasn / Recvcrr/ Onoauc) uDs Fuppro: 231 . TRAsH coNTAMTNATED: 14 (l 8%) . RrcYcLE coNTAMrNATro: 6 (8%) . ORGANTcS coNTAMTNATED: 1 (1%) o Gooo Jog Tacs:17 22% GooD JoB Jl - MID VALLEY DISPtrsAL
Recycler of the Yeor
Antojitos Guonocos
Jl - MID VALLEY DISPtrsAL
THANK YOU
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City of Firebaugh
OATH OF OTFICE
I, Jesus Molina, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Califurnia against all enemtes, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Califurnia; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter,
POLICE OFFICER
(Duties upon which ffiant is about to enter)
Jesus Molina
Subscribed and sworn to before me this 6'h day of January, 2025 Rita Lozano, Deputy City Clerk
City of Firebaugh
City of Firebaugh
OATH OF OFTICE
I, Victor Albarran, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Califurnia against all enemies, foreign and domesttc; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Califurnia; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter,
RESERVE POLICE OFFICER
(Duties upon which ffiant is about to enter)
Victor Albarran
Subscribed and sworn to before me this 6'h day of January, 2025.
Rita Lozano, Deputy City Clerk
City of Firebaugh
City of Firebaugh
OATH OT OFFICE
I, Angel Cruz, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Califurnia against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Catifurnia; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfulty discharge the duties upon which I am about to enter, Police Disnatcher
(Duties upon which ffiant is about to enrcr)
Angel Cruz
Subscribed and sworn to before me this 6'h day of January, 2025 Rita Lozano, Deputy City Clerk
City of Firebaugh
MEETING MINUTES
The City CounciVSuccessor Agency of the City of Firebaugh Vol. No.24-12-L6
Location of Meeting:
Date/Time:
CALL TO ORDER
ROLL CALL
ABSENT
Andrew Firebaugh Community Center
1655 13th Street, Firebaugh,CA 93622
December 16, 20241 5:30 p.m.
Meeting was called to order by Mayor Lopez at 5:30 p.m.
Mayor Elsa Lopez
Mayor Pro-Temp Freddy Yaldez
Council Member Silvia Renteria
Council Member Brady Jenkins
Council Member Felipe Perez
OTHERS: City Attomey Christina Smith; City Manager, Ben Gallegos, Deputy City Clerk, Rita Lozano; Finance Director, Pio Martin; Police Chief, Sal Raygoza; Public Works Director, Michael Molina; Battalion Chief, Hector Marin; City Engineer Rep., Roberto Orosco, RSG Rep., Jenny Benitz, Celeste Cave, Janet Yergat, Paige & Erik, Joel Saldana, Melanie Martinez, Melissa Martinez, Raquel Tabares, & others.
PLEDGE OF ALLEGIANCE Council Member Perez led the Pledge of Allegiance.
APPROVAL OF'THE AGENDA
Council Member Valdez moved to approve the agenda, seconded by Council Member Perez, motion passed by a 5-0 vote.
1. RESOLUTION NO. 24-55 - A RESOLUTION OF'THE CITY COUNCIL OETHE CITY OF FIREBAUGH CANVASSING AND DECLARING THE R.ESUL OF'THE GENERAL ELECTION HELD ON NOVEMBER 5.2024.
Council Member Valdez moved to approve Res. No. 24-55, seconded by Council Member Perez, motion passed by a 5-0 vote.
2. SWEAR IN ELECTED OFFICIALS: Council Members Valdez, Jenkins and Lopez.
REORGANIZATION
3. REORGANIZATION OF CITY COUNCIL.
Mayor - New Mayor Yaldez
Mayor Pro-Temp - New Mayor Pro Temp Renteria
PRESENTATION
None
PUBLIC COMMENT
Janet Yergat and Joel Saldana spoke about the Dog shelter. Issues ofconcernwere the donation ofthe new animal shelter, the conditions and maintenance of the facilities, and the submitted request form asking for items to be placed on this agenda. They stated the volunteers have assisted with having housed over 100 dogs in the several years they've worked with the city, they are against euthanizing dogs and couldn't in good faith ask the donor to donate the funds for the new shelter without some changes.
A.
B.
City Council Minutes
December 16.2024
CONSENT CALENDAR
4. APPROVAL OF MINUTES - The Citv Council reeular meetine on December 2. 2024.
5. WARRANT REGISTER - Period startine November I and endine November 30. 2024.
November 2024 General Warrants #46838 - #46942 $ 69 I,803.53 Payroll Warrants #72396 - #72410 $ 172.554.22
TOTAL $ 864,357.75
6. CITY OF'FIREBAUGH 2025 HOLIDAY SCHEDULE.
7. CITY OF FIR.EBAUGH 2025 COUNCIL MEETING SCHEDULE.
8. CITY OF FIREBAUGH 2025 COMMITTEE ASSIGNMENT.
9. RESOLUTION NO. 24-56 . A RESOLUTION OF' THE CITY OF FIREBAUGH APPROVING AND
AUTHORIZING EXECUTION OF AGREEMENT F'OR PURCHAW
Motion to approve Consent Culendar by Council Member Jenkins, seconded by Council Member Lopez, motion pussed hy a 5-0 vote.
PT]BLIC HEARING
None
NEW BUSINESS
None
* The motion to entq the Successor Agency at 5:48 p.m. was made by Council Member Jenkins, seconded by Council Member Lopez, and the motion was passed with a 5-0 vote.
SUCCESSOR AGENCY MATTERS
10. RESOLUTION NO. 24-57 - A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FIREBAUGH
REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JULY 1. 2025. THROUGH JUNE 30. 2026. AND THE ADMINISTRATIVE BUDGET FOR JULY 1. 2025.
THROUGH rNF.30 2026-
Motion to approve Res. No. 24-57 by Council Member Lopez, seconded by Council Member lenkins, the motion passed by a 5-0 vote.
11. HOUSING SUCCESSOR AGENCY SENATE BILL3AI ANNUAL REPORTS FOR FISCA Council Member Jenkins moved to approve 5f.341, which wqs seconded by Coancil Member Lopez The motion passed by a 5-0 vote.
* The motion to enter the City Council Meeting ut 5:58 p.m. v'ss made by Council Member Jenkins, seconded by Council Member Lopez, and the motion was passed with a 5-0 vote.
City Council Minutes
December 16,2024
STAF'F REPORTS
COT]NCIL MEMBERS AGENDA ITEMS
None
PUBLIC COMMENT ON CLOSED SESSION ITEMS ONLY
None
* Council Member Jenkins motioned to enter the closed session, which was seconded by Council Member Perez, motion passed by a 5-0 eote st 6:00 p.m.
CLOSED SASSION
12. Negotiators - Government Code S54956.8. Propertv:
APNs 008-074-04,18 & 19, located at O Street & I lth Street. City Negotiator: Ben Gallegos. Negotiating Parties:
Phillip Lien, N. F. Davis Drier and Elevator, Inc. Under Negotiation: terms of property purchase, including price.
13. Conference with Real Property Negotiators - Government Code S54956.8.
Property: APNs 008-072-06 located at O Street & I lth Street. City Negotiator: Ben Gallegos. Negotiating Parties Phillip Lien, N. F. Davis Drier and Elevator, Inc. Under Negotiation: terms of property purchase, including price.
14. Government Code Section 54957
PUBLIC EMPLOYEE EVALUATION: City Manager
* Council Member fenkins motioned to enter the open session, which was seconded by Council Member Perez, motion passed by a 5-0 vote et 7:30 p.m.
ANNOUNCEMENT AF'TER CLOSED SESSION
By a 4 -1 City Council vote, the City Manager received a neutral evaluation and will re-evaluate the City Manager in six months, the City Attorney will provide a written roadmap to the City Manager.
ADJOURNMENT
* Motion to adjourn at 7:31 pm by Council Member Valdez, and second by Council Member Jenkins, motion passed by a 5-0 vote.
ORDINANCE NO.25-01
AN ORDINANCE OF THE CITY COT]I{CIL OF TIIE CITY OF FIREBAUGH TJPDATING LANGUAGE OF CHAPTER 6 ENTITLED ANIMAL REGT]LATIONS OF FIREBAUGH MUNICIPAL CODE.
THE CITY COUI\CI OF THE CITY OF FIREBAGUH DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6 of the Firebaugh Municipal Code, Animal Regulation will with be replaced in its entirety with updated language consisting of Sections 6-1 "Dogs, Cots, Domestic Animals and Other Animals, and Section 6-2 "Vicious or Potentially Dangerous Animals".
SECTION 2. The complete updated Chapter 6 language is attached to this Ordinance as Exhibit 1 and is incorporated into this Ordinance in its entirety by reference.
SECTION 3. Severability. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance, as if such invalid portion thereof had been deleted.
SECTION 4. This ordinance shall take effect thirty (30) days after its passage.
SECTION 5. The City Clerk is hereby ordered and directed to certifu the passage of this Ordinance and to cause the same to be published once in a newspaper of general circulation, published in the County of Fresno.
I, Rita Lozano, City Clerk for the city of Firebaugh do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Firebaugh held on the 6th day of January,2025, and passed and adopted aI aregular meeting of the City Council held on the -
day of
the following vote, to wit:
2025,by
AYES:
NOES
ABSTAIN:
ABSENT:
APPROVED ATTEST:
Freddy Yaldez, Mayor Rita Lozano, Deputy City Clerk
Ghapter 6
ANIMAL REGULATIONS
S 6.1. DOGS CATS, DOMESTIC ANIMALS
AND OTHER ANIMALS
S 6-1.1 Defentions
S 6-1.2. Pound Master.
S 6-1.3. Animal Shelter.
S 6-1.4. Dog License Tax
S 6-1.5. License Tax-Payment-Tag
S 6-1.6. Vaccination Required
S 6-1.7. lmpoundment- Notification of
Owner
S 6-1.8. lmpoundment- Destruction of
Sal,e
S 6-1.9. Sale of Redemption- License and
vaccination required.
S 6-1.10. Minimum Standards of
Sanitation, Care, Housing of animals.
S 6-1.11. Foul,ing
S 6-1.12. Appropriate Fence
S 6-1.13. Number of animals per
household- Prohibited Animals
S 6-1.14. Cruetty to Animals.
S 6-1.15. Right of Entry for Enforcement
Gonditions
S 6-1.16. Obstruction.
S 6-1.17. Duty to Report Exposure to
Rabies/Bites
S 6-1.18. UntawfulActs
S 6-1.19. Authorization for Fines
s 6-1.20. (RESERVED).
S 6.2. VICIOUS OR POTENTIALLY
DANGEROUS ANIMALS.
S 6-2.1. Definitions
S 6-2.2. Procedure for Determination of
Status of Vicious, Dangerous, or
Potentially Dangerous Animal.
S 6-2.3. Hearing.
S 6-2.4. Exceptions.
S 6-2.5. Appeal,s.
S 6-2.6. Notice of Escape.
s6-2.7. (RESERVED).
S 6-1. DOGS CATS, DOMESTIC ANIMALS AND OTHER ANIMALS. [HISTORY: Regutations concerning dogs were adopted by Ordinance #108, #310 and #355. Language found in chapter supersedes conflicting language in Ordinance #108, #310, and #355.1 S 6-1.1. Definitions.
When used in this chapter, the words
prescribed in this section.
defined in this section shatl, have the meanings
a. DOG - shatl, mean and inctude any dog more than four months otd and shatt be deemed to inctude female as we[[ as mate dogs, except when otherwise speciatty provided herein.
b. UNLICENSED DOG - shatl mean a dog for which the license for the current year has not been paid, or to which the tag provided for in this section is not attached. c. OWNER - primary or responsibte person who possesses, has titte to, or an interest in, harbors, provides care, or has contro[, custody or possession of an animat, and the verb "to own" inctudes atl these meanings. ln addition, any person finding a stray animal who harbors, provides care, or has controt, custody or possession of that animal for more than ten business days is to be considered the owner as defined in this section and is responsibte for at[ rutes, regutations and fees pertaining to such animat. d. ANIMAL CONTROL - the department within the City of Firebaugh, which is estabtished as the animaI control agency in the City.
e. ANIMAL CONTROL MANAGER- the management head of animal control and his or her dul,y authorized staff.
f. ANIMAL CONTROL SHELTER - the facil,ities provided by the City for the impoundment, relinquishment, quarantine, and adoption or sate of animats. g. ANIMAL NUISANCE -, within the meaning of this titte, means such actions or behaviors of an animal. which interfere with the rights of persons to the enjoyment of life or property by creating chronic and unreasonabte annoyance, disturbance, or discomfort to neighbors or others in ctose proximity to the premises where the animal is kept, harbored or maintained, and sha[[ inctude, but not be Limited to the fottowing:
1 . Causing foul,ing of the air by the unpteasant odor of accumutated fecaI waste or urine. Such fouting of the air must be detected from a location or locations other than the property in question;
2. Causing unsanitary conditions in enctosures or surroundings;
3. Making a chronic, continuous excessivety toud or disturbing noise of more than a fifteen minute duration per incident, that prevents the resident or residents of any property from enjoying the ful,t use of that property for any lawfuI purpose incl,uding but not Limited to steep or rest. This does not inctude periodic barking or other utterances of short duration; or
4. Causing offense or danger to pubtic health, safety, or wetfare by virtue of the number or types of animats and the method by which they are maintained. A viotation of this subsection 4 shatt initiatty be determined by the investigating animaI control officer, who shat[ refer the matter to the appropriate county or state agencies as required by taw.
h. APPRORIATE FENCE - as used in this chapter untess otherwise specified means a fence of sufficient height, strength, and capacity; and which is maintained in good repair, to prevent (except with the assistance of a human being) the ingress and egrdss of the animats housed or controtted on the property.
i. AT LARGE -An animal shatl. be deemed to be running at targe when off or away from the premises of the owner or custodian thereof, and not under the control of such owner or custodian or his agent or servant, or a member of his immediate famil.y, either by chain or leash.
j. CATTERY - any enctosure, premises, buitding, structure, lot or area in or on which four or more cats of at [east six months of age are kept, harbored, or maintained. k. CURB - to so restrain or control an animal that so it does not defecate on pubtic property or the property of others except by the expressed consent of the owner of such property.
t. DOG LICENSE - as used in this titte means a metattic tag, which wil,t be firml,y affixed to the animat's coltar on which is imprinted the phone number and name of the issuing agency, and a seriaI number unique to the individual tag. These tags are issued as outtined in Section 6-1.5.
m. DOMESTIC ANIMAL- dogs and cats, except as timited in the definition of "feral anima[" in this section, as wetl as horses, donkeys, mutes, burros, cattte, sheep, goats, swine, ltamas, camets, rabbits and fowl commonty kept or raised in rural areas as farm or Iivestock animats.
n. FERAL ANIMAL - any domestic animat, which is known to live in a witd or semiwitd state without benefit of an owner or any domestic animat, which has escaped for a substantial, period of time from the care of its owner or custodian and is existing in a witd state without benefit of domestication.
o. HEARING - for the purposes of this chapter, means the process prescribed in Section 6-2.3 for the redress of issues retating to or arising from the enforcement of this titte, inctuding, but not timited to, dangerous and vicious animats, permits, or such other administrative matters as pertain to the apptication of this chapter. "Hearing" may as an atternative inctude any administrative hearing procedure now or hereafter estabLished by the city for the enforcement of its ordinances.
p. HEARING OFFICER - the person appointed by the animat control manager to preside at and render judgments from hearings transacted under the authority of this chapter. The person may be an employee of the citywho is not assigned to animal control or otherwise subordinate to the manager thereof, or a person who is not an employee but is retained to provide such services with adequate quatifications. q. IMPOUND - the physicat restraint and transport of an animal to the animal shetter by the animat controt officer, other agency or the generaI publ,ic. An animat confined and returned to the owner or custodian, prior to transport to the animaI shetter, is to be considered impounded.
r. IMPOUNDMENT- means the taking up and confining of an animat by the animal control manager in accordance with the provisions of this chapter or other appticabte taw or regutation.
s. KENNEL - any enctosure, premises, buitding, structure, lot or area in or on which four or more dogs of at least four months of age are kept, harbored or maintained. t. LIVESTOCK - any horses, donkeys, mutes, burros, cattte, sheep, goats, swine, [[amas, camets, rabbits and fowt commonty kept or raised in rural areas as farm or Iivestock animats.
u. PERMITS - within the context of this chapter and untess otherwise stated, means licenses issued by the animal control manager pursuant to the provisions of this chapter or home occupation permits which authorize either the maintaining and operating of a kenneI or cattery (a kennet/cattery permit) or the keeping of a witd anima[ (a witd animal permit v. VACCINATION - the inocutation of an animaI with rabies and any other vaccine approved by and in the manner prescribed by the State of Cal,ifornia, Department of Heal,th Services.
w. VETERINARIAN - means a person licensed by the state of Catifornia to practice veterinary medicine.
x. WILD ANIMAL - means any of the fottowing:
1. Fottowing members of the Ctass Reptitia:
i. Order Ophidia (such as, but not [imited to, racers, boas, water snakes and pythons) over eight feet in tength; and
ii. Order Loricata (such as, but not timited to, attigators, caymans and crocodites) over three feet in tength; and
iii. Order Sauria (excepting iguanas) over three feet in tength.
2. Fo[towing members of the Ctass Aves: Order Fatconiformes (such as, but not l,imited to, hawks, eagtes and vuttures, which are not kept pursuant to federal or state permit);and
3. Fottowing members of the Ctass Mammatia:
i. Order Carnivora, expressly excepting the domestic dog (canis famil,iaris)and the domestic cat (fetis catus), but inctuding, but not [imited to, the famil,y Fetidae (such as ocetots, margays, tigers, jaguars, leopards and cougars), the famil,y Canidae (such as wotves, dingos, coyotes and jackats); and
ii. Order Marsupiatia (such as kangaroos and opossums); and iii. Order Chiroptera (bats); and
iv. Order Edentata (such as stoths, anteaters and armadil,l,os); and v. Order Proboscidea (etephants); and
vi. Order Primata (inctuding, but not timited to, monkeys, chimpanzees and gorittas); and
vii. Order Ungutata (expressty excl,uding any animat which woutd be inctuded within the definition of "domestic animat" in this section), inctuding, but not timited to, antetope, deer and bison.
4. Any nondomestic species, when kept maintained or harbored in such numbers or in such a manner as to constitute the tikel,ihood of danger to the animats themsetves, to human beings or to the property of human beings.
5. Any species of animat which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except honey-producing bees.
6. Any hybrid animat which is part witd animat and is capabte of transmitting rabies, except livestock hybrids, and for which no rabies prophytaxis is recognized or authorized by the state of Catifornia.
S 6-1.2. Pound Master
"Pound master," as used in this chapter, means the emptoyee of the city responsibte for the performance of pound services. For the purposes of this chapter, the director of pubtic works shatL be pound master, and each and every subordinate emptoyee of the department of publ,ic works, and each and every potice officer of the city is authorized to assist him in the performance of his duties under the provisions of this chapter.
S 6-1.3. Animal Shelter.
The city shat[ construct and maintain a city animaI shetter to be used for the impounding of dogs pursuant to the provisions hereof. The pound master shatl operate the city animaI shetter, and shatt pick up and impound atL dogs which are not licensed and tagged as herein required; or which are not immunized for rabies and tagged as herein required; or which are running at targe in a manner herein prohibited; orwhich are vicious or potentiatty dangerous dogs as defined in this titte and not kept under effective control as herein required. The pound master and his authorized agents are empowered to enter anyyard or other open space for the purpose of performing their duties under the provisions of this chapter.
S 6-1.4. Dog License Tax
The city councittevies and imposes upon the owner or custodian of any dog quartered within the city and over the age of four months a license tax in an amount set by the city counciI by resotution. The license tax shat[ reftect the costs to the city of registration, administration, and heatth and safety programs and activities of the citywhich are retated to having dogs within the city timits.
S 6-1.5. License tax--Payment--Tag.
It shatt be the duty of the owner or custodian of any dog subject to the provisions of this chapter to pay the [icense tax within thirty days of the expiration of the current license, or within thirty days of the dog attaining the age of four months; or within thirty days of the date on which the dog is brought into the city. The license tax provided for in this chapter shatl, constitute a debt due the city at the expiration of the appl,icabte thirty-day period of time. Upon payment of such tax, the cottector thereof shatt give to the person paying the same a receipted ticense therefor, which license shat[ state the name, sex, cotor and breed of such dog; and the amount of the tax so paid. The license receipt shatl, be made out in dupticate and a copy thereof shal.t be retained for the appticabl,e catendar year in the records of the city. ln addition, upon paying for the same a tag bearing a number corresponding to the number set forth on the ticense receipt given to such person.
Thereafter, the owner or custodian of the dog so licensed shatl forthwith cause the aforementioned tag to be worn on a cottar by the dog.
S 6-1.6. Vaccination Required [Ord. #]
It shal,t be the duty of the owner or custodian of any dog over the age of four months within the city to have such dog vaccinated with rabies vaccine once every two years, as evidenced by a certificate of immunization issued by a veterinarian licensed by the state of Cal,ifornia. As a condition precedent to the issuance of the dog license required under the provisions of this chapter, the owner or custodian of the dog to be licensed shal,t present for inspection to the cottector thereof the certificate of immunization.
S 6-1.7. lmpoundment - Notification of Owner. [Ord. #]
Any dog impounded shatt be kept at the city animaI shetter for a period of either not less than seventy-two hours, or until the owner or custodian comes to ctaim the dog. lf any such dog so impounded bears a current license tag, it shatt be the duty of the pound master to notify the owner or custodian of such dog as the same appears on the records of the city, that such dog has been impounded. The notice shatl be maited to the address of the owner or custodian of the dog as the owner or custodian appears on the records of the city, within twenty-four hours of the dog being impounded. No duty is ptaced on the pound master to give simitar notice to the owner or custodian of any impounded dog not bearing a current Iicense tag.
S 6-1.8 lmpoundment-Destruction or sale. [Ord. #l
Any dog impounded for more than fourteen days shal,l. be destroyed by the pound master in a humane manner, or in the atternative, the dog may be sotd by the pound master to any responsibte adutt for the impoundment fee. The sate of any such dog shatl pass good titl.e to the purchaser thereof, which purchaser shatt receive a bitt of sate for the dog from the city. At any time prior to the destruction or sate of such dog, the owner or custodian thereof may redeem the same by paying to the city an impoundment fee which shatt be set by resotution duty enacted by the city councit.
S 6-1.9. Sale or redemption - License and vaccination required. [Ord. #l When any dog subject to the license and vaccination provisions is sotd by the pound master, the person purchasing such dog shaLt within ten days of receiving the same have the dog [icensed and vaccinated as required under the provisions of this chapter. When any unticensed or unvaccinated dog subject to the license and vaccination provisions is redeemed by the owner or custodian thereof, such owner or custodian shal.t within ten days of receiving the dog have the same licensed and vaccinated as required under the provisions of this chapter. The pound master shatl, keep a record of the name and address of the person purchasing or redeeming an impounded dog, the date of the purchase or redemption, and the name, sex, cotor and breed of the dog purchased or redeemed. To ensure that the dog so purchased or redeemed is licensed and vaccinated as required, the pound master shatl, within ten days of the purchase or redemption of any such dog furnish the collector with the record thereof.
S 6-1.10. Minimum Standards of sanitation, care, and housing of animats [Ord. #] It shatL be untawful, for the owner or person in charge of any animal to permit such animal to remain without sufficient food, water or shetter as determined by enforcement personne[ after timety checks. lt shatt be untawfuI for any person to maintain or permit to exist any animal nuisance. Any person in viotation of the provisions of this section shal,L be given a written notice of such viotation specifyingwith particutaritythe condition or conditions invotved therewith and requiring that the same be remedied within ten (10) days of the receipt of the written notice. Any person receiving such a written notice shat[ compty with its requirements within the ten-day period of time.
A. Animats maintained in pens, cages, or runs for periods exceeding twenty-four hours shatt be provided with adequate space to prevent overcrowding and to maintain normaI exercise according to species. Cages are to be of materiaI and construction that permit cteaning and sanitizing.
B. lndoor Housing. lf indoors then these facilities shatl, be sufficientty temperature controtted and ventitated to provide for the animat's comfort and heatth.
C. Outside housing or enctosures shatlatlow adequate protection against weather extremes. Ftoors of buitdings, runs, and walts shatt be of waterproof material to permit proper cteaning and disinfection.
D. Provisions shat[ be made for the removal and proper disposal of animal and food waste, bedding, dead animats, and debris. Disposat facitities shatt be provided and so operated as to minimize vermin infestation, odors, and disease hazards.
E. Att animat quarters and runs are to be kept clean, dry, and in a sanitary condition.
F. The food shal,l. be free from contamination, whotesome, patatabte, and of sufficient quantity and nutritive value to meet the normat daity requirements for the condition and size of the anima[.
G. Att animats shatl have fresh water avaitabte at att times. Water vessets shal.t be weighted or be mounted or secured in a manner that prevents tipping.
S 6-1.11. Fouling. [Ord. #]
It shatt be the duty of any person having custody of a dog to curb such dog or to immediately remove any feces deposited by such dog on pubtic property or the property of others to a proper receptacl,e. Unsighted persons white rel,ying on a guide dog shatl, be exempt from this section. Viol,ation of this section is an infraction..
S 6-1.12. Appropriate Fence. [Ord. #]
Any person who owns or is responsibte for the care, custody or control of one or more animats must maintain the animats within an appropriate fence.
S 6-1.13. Number of animals per household-Prohibited Animals. [Ord. #] A. Every person who owns, keeps, or maintains any animal shatl, adhere to the guidetines under this section. No househotd shatl. keep or maintain more than three dogs and three cats on the premises at any time, untess the househol,d has a current home occupation permit, zoning permit or conditionaI use permit to operate a kennel or cattery.
The animats shatl, be kept in accordance with the regutations tisted in this chapter. As used in this chapter, "househotd" means one or more natural persons tiving as a famity unit and occupying the same tiving space.
B. No person shatl keep or maintain any livestock or any feral or witd anima[ within the city of Firebaugh.
S 6-1.14. Grueltyto animals. [Ord. #]
No person shal,t beat, cruetty itt-treat, torment, overtoad, overwork, or otherwise abuse any animat, or cause to permit any dog fight, cockfight or other combat between animats or between anima[s and humans.
S 6-1 .15. Right of entry for enforcement conditions. [Ord. #] A. The animal control manager, any officer or emptoyee thereof, or other duty designated representative of the city, and any law enforcement officer sha[[ have the right to make an inspection to enforce the provisions of this titte or other appticabte Law by entering property to enforce the provisions of this chapter or other appl,icabte taw; provided, that:
1. lf such buitding and/or property is occupied, he shatl first present proper credentiats to the occupant and request entry, exptaining his reasons therefor; and if such buitding and/or property is unoccupied, he shat[ first make a reasonabte effort to locate the owner thereof or other persons having authority over the buitding and/or property and request entry, exptaining his reasons therefor.
2. lf such entry into the buitding or upon the property be refused, the director, any officer or emptoyee thereof, or other du[y designated representative of the city and any law enforcement officer may obtain an inspection warrant pursuant to the provisions of the Code of Civit Procedure (Sections 1822.50 through 1822.57),for the entry and inspection of the buil,dingand/or the property. However, if the conditions of Code of Civit Procedure Section 1822.50 cannot be satisfied and criminaI charges are impticated, animaI controtor the law enforcement officer may seek a search warrant of said buitding and/or the property.
S 6-1.16. Obstruction. [Ord. #]
Any person who prevents, resists, threatens, or obstructs an attempt by the animal control or potice officer to perform his or her tawfuI duties pursuant to this titte or any person who conceats or secretes any animat subject to inspection or impoundment or any owner who faits to retinquish upon [awfuI demand any animat to be impounded shatt be guitty of a misdemeanor.
S 6-1 .17. Duty to report exposure to rabies/bites. [Ord. #] Any person having knowtedge that any animaI capabte of transmitting rabies has bitten or otherwise exposed to rabies a human being or other animal, within the city of Firebaugh, is required to immediatety report that fact to the heatth officer or the animalcontrot manager Such person must furnish comptete information thereof, inctuding, but not timited to, any knowl,edge of the whereabouts of said animat. Any person faiting to report an animat bite is guitty of an infraction.
S 6-1.18. UnlawfulActs. [Ord. #]
Each and every of the fottowing acts is dectared to be untawfut:
A. For the owner or custodian of any dog subject to the ticense provisions of this chapter to failto have the dog licensed and tagged as required; B. For the owner or custodian of any animat subject to the rabies immunization provisions of this chapter to fail. to have the dog immunized and tagged as required; C. For the owner or custodian of any animat to cause or permit the same to run at [arge;
D. For the owner or custodian of any vicious dog or potentiatty dangerous dog to fait to keep the dog under effective control as to prectude its attack, without reasonabte provocation, upon any human being or other dog. "Vicious dog," or "potentiatty dangerous dog" as used in this titte shatt have meanings provided by Cal,ifornia Food and Agricutturat Code at Sections 31602 and 31603 as they may be amended from time to time, and such other meanings as provided in this titte;
E. For the owner or custodian of any animal to fail. to maintain in a ctean and sanitary condition, free from obnoxious smelts and substances, att enctosures and other premises where any animal, is kept. At[ ptaces and premises upon which any animal is kept, except the inside portion of any dwetl,ing or appurtenant buitding, sha[[ be open at at[ times for inspection by the heal.th officer of the city or his authorized agents; F. For the owner or custodian of any animaI to fail, to compty with the appl,icabl.e provisions of this titte. The animaI controlofficer shatl impound any animalfound at [arge, or that is not being maintained or controtted as provided in this titte.
S 6-1.19. Authorization for fines. [Ord. #l
A. The owner of a non-spayed or unneutered dog that is impounded once by a city or county animaI controt agency or shetter society for the prevention of cruetty to animats, or humane society, shal,t be fined thirty-five (35) dottars on the first occurrence, fifty (50) do[tars on the second occurrence, and one hundred (100) dotlars for the third or subsequent occurrence as provided in Food and AgricutturaI Code Section 30804.7 and any amended or successor provision. Fines imposed and citations written pursuant this section shatt be in addition to any other fines or impound fees imposed by the city. Fines imposed pursuant to this section shatt be used for the purposes identified in subdivision (b) of Section 30804.7 of the Food and Agricuttural. Code.
B. Any other viotation of this title, except where other penatties are provided by this titte or by state law shatl be an infraction punishabte by a fine of not more than fifty dotlars for a first offense, and by a fine of not more than one hundred dottars for a second or subsequent offense.
S 6.2. VICIOUS OR POTENTIALLY DANGEROUS ANIMALS.
S 6-2.1 Definitions
A. DANGEROUS ANIMAL- is a dog, cat or other animal of sufficient size and/or temperament to cause substantiat damage to property and/or injury to human beings and which has, in fact, caused damage to property and/or personaI injury within the city Limits.
B. POTENTIALLY DANGEROUS ANIMAL - " means any of the fottowing:
1. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodity injury when the person and the dog are off the property of the owner or keeper of the dog.
2. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604 of the Food and Agricuttural, Code.
3. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has kitted, seriousty bitten, infticted injury, or otherwise caused injury attacking a domestic animaI off the property of the owner or keeper of the dog.
C. VICIOUS DOG - " means any of the fottowing:
1 . Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the PenaI Code;
2. Any dogwhich, when unprovoked, in an aggressive manner, infticts severe injury (as defined in Section 31604 of the Food and Agricutturat Code) on or kitl,s a human being;
3. Any dog previousty determined to be and currentty tisted as a potentiatty dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in viotation of Section 31641,31642, or 31643 of the Food and Agricultural Code, or in viotation of any provision of this titte;
4. Any dog that engages in or has been found to have been trained to engage in exhibitions of fighting;
5. Any anima[ (except a dog assisting a peace officer engaged in law enforcement duties)which has, on one or more occasions, committed any one or more of the following acts:
i. Physicatty attacked, mauted, or physicatty injured by biting any person, without provocation.
ii. Physicatty attacked, mauted, or physical,ty injured by biting any person, without provocation, when the owner thereof knows or shoutd reasonabty know that the animal poses a threat to pubtic safety and has made no substantiateffort to prevent the attack or when the owner has purposefutty encouraged or commanded the animaI to attack, maut, or physica[ty injure any person.
iii. Physicatty attacked and injured by biting any animat, without provocation, which is lawful,ty maintained on private property not bel.onging to or under the controt of the owner of the offending animat. iv. Physicatty attacked and injured by biting any animat, without provocation, which is Lawfu[ty maintained or controtted upon publ,ic property g 6-2.2 Procedure for determination of status of vicious, dangerous, or potentialty dangerous animat. [Ord #]
Upon determining that there is substantiaI evidence that an animaI is vicious, dangerous or potential,ty dangerous, the pound master shatl seize the animal and impound him in the city animaI shetter or other appropriate containment facitity. The pound master shatl give written notice to the owner that the animaI has been seized, which notice shatt be detivered in the manner specified in Section 6-1.7 (substituting the term "animat" for "dog".) The notice shatl inform the owner that an administrative hearing witt be hetd no less than five (5) working days nor more than ten (10) working days after service of the notice upon the owner or keeper of the animat. The notice shat[ inctude the fottowing information:
A. A description of the animat;
B. The date and circumstances of the property damage and/or person injury al,teged to have occurred, or other facts tending to indicate the animal. is dangerous, potentiatty dangerous or vicious;
C. A copy of any written report, potice or otherwise, to be used in connection with the hearing, and where appl.icabte, the verified comptaint of a member of the public affected by the anima['s conduct;
D. A tist of witnesses to be catl,ed at the hearing by the pound master; E. Date of hearing;
F. The statement that "lf the hearing officer decides that the animaI is vicious, potential.ty dangerous or dangerous, it may direct the Pound Master to destroy the animat or make such other orders as maybe authorized by Chapter 6 of the Firebaugh Municipat Ordinance.
S 6-2.3 Hearing [Ord #]
A. Hearing. The city manager or designee appointed as hearing officer shat[ conduct a hearing to determine whether or not a dog or other animaI confined or impounded pursuant to Section 6-2.2 is a dangerous, potential,ty dangerous or vicious animat. The hearing shatL be informatty conducted and technical rutes of evidence shatt not appty, except that the hearing officer shatl have discretion to exctude irretevant and unduty repetitious evidence. Any person designated to serve as a hearing officer is subject to disquatification for bias, prejudice, interest or for any other reason for which a judge may be disquatified in a court of [aw. The city manager shat[ establ,ish a list of qual.ified persons who are capabte of acting on behatf of the city as hearing officers. lf the owner faits to appear at the hearing, the hearing shal,l, neverthetess proceed, and an appropriate order shal,t be issued. The hearing officer may continue hearings, based on good cause, as estabtished by one of the parties to the hearing.
B. Determination of Dangerous Animat--Evidence. ln making a determination that a dog or other animaI is or is not dangerous, evidence of the fottowing shatt be considered:
1 . Any previous history of the dog or other animal attacking, biting or causing injury to a human;
2.The nature and extent of injuries infticted and the number of victims invotved;
3. The ptace where the bite, attack or injury occurred;
4. The presence or absence of any provocation for the bite, attack or injury;
5. Whether the dog or other animaI exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;
6. Whether the dog or other animaI exhibits characteristics of aggressive or unpredictabte temperament or behavior in the presence of human beings or dogs or other animats, or whether the dog exhibits the behaviors described in the definition of a "potential,ty dangerous dog" or "vicious dog";
7. Whether the dog or other animaI can be effectivety trained or retrained to change its temperament or behavior;
8. The manner in which the dog or other animal had been maintained by its owner or custodian;
9. Any other retevant evidence concerning the maintenance of the dog or other animat;
10. Any other retevant evidence regarding the abil,ity of the owner or custodian, or the pound master, to protect the pubtic safety in the future if the dog or other anima[ is permitted to remain in the city.
C. Decision of Hearing Officer. The hearing officer after a hearing shatl determine whether any dog or other animat, other than a dog used in law enforcement or a guide, signat or service dog, is a potentiatty dangerous, dangerous or vicious anima[. The hearing officer shattdetermine the appropriate sanction or disposition of the anima[ pursuant to this section. The owner of a dog or other animat, which has been dectared potential,ty dangerous, dangerous, or vicious shatl, reimburse the city for at[ costs associated with the hearing process.
After the hearing, the owner or keeper of the dog shal,t be notified in writing of the determination and orders issued, either personatty or by first ctass maiL with return receipt requested. The hearing officer shatl make a written determination within fifteen days after the hearing is conctuded, untess the animaI has been impounded, in which case the determination shatt be made in five working days. The decision of the hearing officer shal,l. be finat if not appeated pursuant to Section 6.08.050. A fail,ure of the owner to receive notice by first ctass mail, with return receipt requested shatl not affect the vatidity of these proceedings.
The owner or custodian of the animaI wil,t be provided with notice of the appeat process outl,ined in Section 6-2.5, Appeats, and witl, be informed that they have a right to appeat shoutd they disagree with the findings of the hearing.
D. Disposition of Vicious Animat.
1 . lt is untawful for any person to own, possess, harbor or keep any dog or other animaI dectared by the hearing officer, after a hearing, to be vicious.
2. Any dog or other animat dectared by the hearing officer to be vicious, if not atready impounded by the pound master, shatl, be immediatety surrendered to the pound master, and it is the duty of the pound master to take up and impound any such dog or other anima[.
3. Any dog or other animal dectared to be a vicious animal shatt be humanety destroyed. The hearing officer shall, sign an order authorizing the destruction of the dog or other animat after the time for appeal as provided in Section 6.08.050 of this chapter has passed without an appeal being fited.
E. Restrictions on Dog or Other Animal Found Dangerous, Potentiatty Dangerous or Not Dangerous. lf it is determined that the dog or other animal is dangerous, potentiatty dangerous or not dangerous, but that the bite, attack or injury was the resutt of improper or negtigent training, handting or maintenance, the dog [icense or animat permit may:
1 . Be revoked if it is determined that the owner or custodian is unabte or unwitl,ing to property train, handl,e or maintain the dog or other animal and a simitar incident is tikety to occur in the future without proper training, handting or maintenance;or
2. Be reissued with reasonabte terms, conditions or restrictions imposed for the training, handting or'maintenance of the dog or other animal to protect the pubtic heatth, safety and wetfare if it is determined that the owner or custodian is abl.e and witting to property train, handte or maintain the dog or other animal and a simi[ar incident is not tikety to occur in the future with proper training, handting or maintenance. The hearing officer shatl consider whether to impose and may impose other restrictions, which may inctude, but shat[ not be timited to requiring that:
i. A potentiaLl,y dangerous dog, white on the owner's property, shatt, at atl times, be kept indoors, or in a securety fenced yard from which the dog cannot escape, and into which chitdren cannot trespass. A potentia[ty dangerous animal may be off the owner's premises onty if it is muzzled and restrained by a substantial leash, not exceeding six feet in length, and if it is under the control of a responsibte adutt who is capabte of restraining and controtting the dog. At no time may the dog be teft unattended white off the owner's premises.
ii. The dog must comptete an obedience course and provide proof ot comptetion of such course to animal control within sixty days after the retease of the dog to its owner or custodian. The course wiLt be paid for by the owner or custodian of the dog. The course sha[l, be a course approved by animat controt.
iii. The dog must be spayed or neutered at the expense of the owner prior to the retease of the dog to its owner or custodian. iv. The dog may be required to wear a bright ftuorescent yetl,ow cottar visibl,e at fifty feet in normal daytight, which wil,t be provided by animat controI at the owner's expense.
v. The owner or custodian of the dog may be required to maintain general tiabitity insurance covering property damage and bodity injury caused by a potentiatl,y dangerous or vicious dog, with a combined singte I'imit of three hundred thousand do[[ars per occurrence, and may be required to show proof of such insurance within thirty days after the court has made its determination.
vi. The owner or custodian must notifythe animaI control officer in writing within three days if the [ocation of the animal is to be permanentty changed.
Prior to reissuance of the license, the owner of the dog or other animal shatl, show proof that the dog or other animal has successfut[y comptied with the requirements imposed by the hearing officer and compteted a training course with a quatified animat or dog obedience trainer. The pound master shatl maintain a List of animal or dog obedience trainers, which, in the pound master's discretion, are abte and quatified to successful,ty train animats and dogs which have exhibited dangerous behavior. Upon request, the pound master shatl make such list avaitabte to the owner of a dog or other animat affected by the provisions of this section.
F. Revoked License--Previousty lmpounded or Confined.
1. lf a dog or other animal has been impounded or confined pursuant to Section 6-2.2, et seq., and its license or permit has been revoked pursuant to subsection (EX1) of this section on a finding that the dog is potentiatty dangerous, and the owner or custodian wishes to rectaim and remove it from the custody of the pound master, the pound master shatl retease it provided the dog or other animal is taken to a location outside the city immediatety and directty upon its retease from impound or confinement. Faiture to permanentty remove the dog or other animal immediatety and directty from the city upon retease from impound or confinement is a misdemeanor.
2. Any dog or other animaI which has previousty been impounded or otherwise confined pursuant to Section 6-2.2, et seq., and which has not been ctaimed within five catendar days of service of a notice of revocation of its license or permit shatl, be deemed abandoned and shatt be disposed of bythe pound master in accordance with this chapter. Notwithstanding the above, the owner may enter into a written agreement with the pound master to take additionat time to remove, or to cause the dog or other animal to be removed, to a new location outside the city.
Such additionaI time shat[ not exceed ten days. For each additionaL day agreed to, the pound fees as estabtished by the pound master shatl be paid prior to the retease of the dog or other animat.
G. Animal, ldentification. Any dog or other animal subject to this section must be identified by the pound master by the use of permanent marking prior to its retease from impound or confinement. Permanent marking may be achieved by the insertion of a microchip, radio transmitter or other device, or the apptication of other appropriate markings or technotogy that wil,t permit identification of the animat.
H. Limitation on New Licenses. Any person whose dog or other animaI has been dectared vicious or whose license or permit has been revoked under this section shat[ not own, possess, controL or be in charge of any anima[ of the species dectared to be vicious or whose ticense or permit has been revoked for a period of three years from the date of the action dectaring the animal, vicious or revoking the license or permit. The controtter shat[ not issue or renew any ticense or permit for said species of animat, except that upon the written request of the person whose dog or other animal has been dectared vicious or whose license or permit has been revoked, the pound master may on good cause shown authorize the issuance of a dog license.
l. Exceptions to Vicious Dectaration.
1. No dog or other animal may be dectared vicious, dangerous, or potentiatty dangerous that infticts injury or damage on a person committing a wiLtfuI trespass or other tort upon premises occupied by the owner or the dog or other animat, or teasing, tormenting, abusing or assautting the dog or other anima[, or committing or attempting to commit a crime.
2. No dog or other animaI may be dectared vicious, dangerous, or potentiatty dangerous if it infl,icts injury or damage on a domestic animal that was teasing, tormenting, abusing or assautting the dog or other animat.
3. No dog or other animaI may be declared vicious, dangerous or potentiatty dangerous for taking any action to defend or protect a human being within the immediate vicinity of the dog or other anima[ from an unjustified attack or assautt.
S 6-2.4 Exceptions. [Ord #l
Nothing in this chapter shatt authorize the destruction of a dog who has bitten a trespasser; or a dog used in mititary or potice work white performing its duty.
S 6-2.5 Appeal,s [Ord #]
lf the owner or keeper of the animat contests the determination, he or she may, within five days of the service of the notice of determination if service is by personal service, or within six days of service of the notice of determination if service is by mait, appeat the decision of the hearing officer to the superior court or other court having jurisdiction pursuant to the provisions of Food and Agricu[turat Code Section 31622 as it may be amended from time to time. The owner or keeper of the animaI shatl serve personatty or by first ctass mait with return receipt requested notice of the appeaI to the city. Any such appeat shatl. be a triat de novo. The determination of the court hearing the appeat shatl, be final and conctusive upon at[ parties.
S 6-2.6 Notice of Escape [Ord #l
Any person keeping, harboring, maintaining, or owning a potentiatl,y dangerous dog, vicious dog, dangerous animat, vicious anima[, or witd animat that escapes from its confinement shatt immediatety notify the animal control, manager within one business day of such escape. Notification shatt first be by phone and shatl be fottowed with written notification which inctudes the fottowing information, as known:
A. The date, ptace, and time of the anima['s escape;
B. A description of the animaI and its condition at the time of escape; and C. The name, address, and residential and occupationaI tetephone numbers of the owner of the animat.
!|f6
STAFF REPORT
TO: Mayor and Council Member
FROM: Ben Gallegos, City Manager
DATE: I/6125
Meetings Attended:
CEDS Strategy Committee Meeting
Firebaugh Biweekly Progress Meeting (Downtown Project)
Discuss the final list for our RTP project
Delta Mendota Advisory Committee Meeting
Hud Tank Biweekly Progress Meeting
Fresno County Broadband Meeting
West Hills College Event
Firebaugh Map Signing Discussion (Habitat for Humanity Project) California State Lands Commission Meeting
Developer Meeting
Vicious Dog Hearing
Information:
Dog Kennel Update: The 2nd review correction letter was sent out on Decemb er 23'd The city received the award notification letter for our CDBG project.
Approved amount $2,787,901 .00