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File #: 20-0275    Version: 1
Type: Public Hearing - Staff Report Status: Agenda Ready
In control: City Council Adjourned Regular Meeting
On agenda: 9/1/2020 Final action: 9/1/2020
Title: Public Hearing to Consider Peter Gordon's Appeal of the Police Chief's Vicious Animal Determination (Police Chief Abell). a) CONDUCT PUBLIC HEARING b) DETERMINE THAT DOG IS VICIOUS WITHIN THE MEANING OF MANHATTAN BEACH MUNICIPAL CODE CHAPTER 5.01
Attachments: 1. Exhibit A: Manhattan Beach Police Department Animal Control Division Incident Report No. DR20-0001651 (852020), 2. Exhibit B: Written Complaint of City Residents Loralie Ogden and Dexter Taylor, 3. Exhibit C: Written Complaint of City Resident Sylvia Rayner, 4. Exhibit D: Written Complaint of City Resident Jennifer Williams, 5. Exhibit E: Notice of Determination of Vicious Animal and Public Nuisance, 6. Exhibit F: Notice of Public Hearing on Appeal of Determination of Vicious Animal, 7. Exhibit G: Manhattan Beach Municipal Code Chapter 5.01, 8. Exhibit H: Manhattan Beach Police Department Dog On Dog Incident Report for Case No. 18-1900 (6282018)
TO:
Honorable Mayor and Members of the City Council

THROUGH:
Bruce Moe, City Manager

FROM:
Derrick Abel, Police Chief
Tim Hageman, Police Captain

SUBJECT:Title
Public Hearing to Consider Peter Gordon's Appeal of the Police Chief's Vicious Animal Determination (Police Chief Abell).
a) CONDUCT PUBLIC HEARING
b) DETERMINE THAT DOG IS VICIOUS WITHIN THE MEANING OF MANHATTAN BEACH MUNICIPAL CODE CHAPTER 5.01
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Recommended Action
RECOMMENDATION:
Staff recommends that after conducting a public hearing and providing the dog owner and other members of the public an opportunity to speak, the City Council determine that a male mixed-breed dog named "Oliver" constitutes a vicious animal.
Body
EXECUTIVE SUMMARY:
The Chief of Police (the "Chief"), in his capacity as Director of Animal Control, has determined that a male mixed-breed dog named "Oliver" (the "Dog") constitutes a "vicious animal" as defined by the City's Municipal Code. City resident Peter Gordon is the owner, possessor, or one who has custody and control of the Dog. The Chief's determination was made following several written complaints from City residents that the Dog poses a danger to people and other animals, and after a very recent incident where the Dog killed another dog. Mr. Gordon has requested an appeal of the Chief's determination before the City Council, pursuant to MBMC Section 5.01.250C.

DISCUSSION:
Many of the facts incorporated by reference in this Staff Report are from the Manhattan Beach Police Department Animal Control Division Incident Report for Case No. DR20-0001651 (the "2020 Incident Report"). A true and correct copy of the 2020 Incident Report is attached hereto as Exhibit A and incorporated by reference herein.

A. Attack on July 29, 2020.

On July 29, 2020, at approximately 8:15 a.m., two City residents (the "Residents") were walking their five-year-old mixed-breed dog (the "Victim") in the alley just south of 33...

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