HomeMy WebLinkAboutOrdinance 2349 N.C.S. 10/19/20091
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EFFEC'T'IVE DATE
®F ®1ZDINANCE
November 18, 2009
Introduced by
David Babbitt
ORDINANCE NO. 2349 N.C.S.
Seconded by
Tiffany Renee
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING SPECIFIED
PROVISIONS OF TITLE 9, "ANIMAL REGULATIONS" OF THE PETALUMA MUNICIPAL CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. The provisions of Title 9, entitled "Animal Regulations," of the Petaluma
Municipal Code that are specified below are hereby amended to read as follows:
9.04.020 Definitions.
As used in this title, unless the context clearly indicates otherwise, the following definitions
shall apply.
A, "Animal" means any nonhuman mammal, bird, reptile, amphibian or fish including, but not
limited to dog, cat, horse, goat, sheep, and chicken and all animals defined in California
Penal Code Section 597.
B, "Animal control officer" means the person appointed by the city manager as animal
control officer and any designated assistants, any peace officer and any designated
police department employee,
C. "Animal services manager" or "manager" means the person appointed by the city
manager whose duties include, but are not limited to, the enforcement of this title and the
management of day-to-day operations of the city operated animal services department,
D. "Animal hearing officer" means the animal services manager or person(s) appointed by the
city manager to conduct all hearings authorized by this title.
E. "Apiary" means bees, hives, colonies, or beekeeping appliances wherever they are kept,
located or found in accordance with Food & Agriculture Code section 29002, as amended
from time to time,
F. "Authorized Feral Cat Care Organization" means any tax exempt organization under
section 501(3) of the Internal Revenue Code or similar provision that complies with all of the
requirements of section 9.14.110 of this chapter and other applicable law.
G. "Beekeeping Appliance" means any implement or other device which is used in handling
and manipulating bees or comb, any container of bees or comb, or any other equipment
which is used in the practice of apiculture.
H. "Bee" means ahoney-producing insect of the species Apis Mellificia, including the adults,
eggs, larvae, pupae and other immature states thereof.
I, "Beehive" or "hive" means any receptacle or container or part thereof that is made or
prepared for the use of bees, or any box or similar container that is inhabited by bees in
accordance with Food & Agriculture Code section 29011, as amended from time to time.
Ordinance No. 2349 N.C.S. Page 1
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"Bee Colony" means one beehive and its contents, including bees, comb, and
beekeeping appliances in accordance with Food & Agriculture Code section 29006, as
amended from time to time.
"Domestic birds" means any of a class (ayes) of domestic warm-blooded vertebrates
distinguished by having the body more or less completely covered with feathers and the
forelimbs modified as wings.
"Cat" means a domestic cat (Fells catus). Cats are the personal property of their owner.
"Impound" means to take into custody by the animal control officer as authorized by this
title,
"Commercial kennel or cattery" means any premises except veterinary hospitals, animal
shelters or private kennels where five or more dogs, four months in age or older or seven or
more cats four months of age or older are keptfor commercial purposes.
"Hobby kennel or cattery" means any place or premises on which five or more dogs or
seven or more cats over four months of age are owned and kept by the owner or
occupant for personal, noncommercial purposes, including, but not limited to hunting,
tracking, exhibiting at shows, exhibitions, field trials or other competitions, or enhancing or
perpetuating a given breed, other than dogs used in conjunction with a legal agricultural
operation on the lot or premises. No hobby kennel operator shall sell, display, offer for sale,
barter or give away more than one litter of puppies and or kittens in any calendar year.
"Feral cat" means any free roaming domestic cat without owner identification of any kind
whose usual and consistent temperament is extreme fear and resistance to contact with
people and that based on the reasonable determination of an animal control officer is not
socialized in accordance with Food and Agriculture Code section 31752,5, subdivision (b),
as amended from time to time.
"Dog" means domestic dog (Canine familiaris) of any age and either sex.
"Livestock" includes but is not limited to horses, mules, jacks, cows, cattle, goats or sheep
that do not customarily inhabit their owners' dwellings, Includes but not limited to Bovine,
Caprine, Equine, Ovine and Porcine.
"Owner" means any person over eighteen years of age owning, keeping, harboring or
having custody of, or possession of, any animal, An animal shall be deemed to be
harbored if it is fed or sheltered for thirty or more consecutive days, This definition shall not
apply to a veterinarian in the regular practice of his profession as to any animal in his
possession while being treated or cared for, This definition shall not apply to an operator of
a commercial kennel as to any animal that is being boarded in the regular practice of his
business, nor to members of an Authorized Feral Cat Care Organization operating in
accordance with section 9,14.110.
"Person" means and includes any individual, firm, partnership, corporation, or association of
persons.
"Pet shop" means a premises wherein pet animals are kept for purposes of wholesale or
retail sale, exchange or hire to the public. "Pet shop" does not include any place where
pet animals are occasionally sold. "Pet animals" means dogs, cats, rabbits, monkey and
other primates, birds, guinea pigs, hamsters, mice, snakes, iguanas, turtles and any other
species of animal sold or trained for the purpose of being kept as a household pet.
"Possessor" means any person other than the owner of an animal who has lawful custody or
possession of the animal.
"Potbellied pig" means any of a breed of small pigs (sus scrofa bittatus) known as
Vietnamese, Chinese or Asian potbellied pigs,
"Premises" means and includes any dwelling, building, real property, vehicle, vessel or part
thereof.
"Proof of ownership" means documentation demonstrating that a person owns an animal
and includes, but is not limited to, a license, veterinary record, valid bill of sale, or adoption
contract,
"Served by mail" refers to service by registered, certified and/or first-class letter, The date
the letter is posted in the mail shall constitute the date the letter was served by mail.
Ordinance No. 2349 N.C.S. Page 2
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AA. "Veterinarian" means a person licensed to practice veterinary medicine by the state of
California.
BB. "Veterinary hospital" means a premises operated by a veterinarian for the treatment of
diseases and injuries to animals.
CC. "Rabies Control Act" means and refers to California Health and Safety Code Section 1900
and sections following governing the identification, quarantine and control of rabid
animals.
9.04.050 Failure of a motorist to render aid to an injured animal.
Any person who, while operating a motor vehicle, knowingly injures an animal must do all of the
following. Failure to render aid as follows shall be a violation of this chapter.
A. Immediately stop the vehicle at the scene of the accident or as close thereto as safely
possible; and
B. Immediately report the accident to Petaluma Animal Services or the Petaluma Police
Department, and provide information to the extent known regarding the type of animal injured,
the extent of injuries sustained by the animal, and the location of the animal.
9.08.030 Beehives prohibited.
The keeping of a bee colony or maintaining an apiary in the City is permitted only in
accordance with the following:
A. No more than two bee colonies are permitted per household;
B. All hives must be framed and moveable;
C. All hives must be kept a safe distance away from pedestrian walkways and pedestrian
traffic; and so as to not constitute a nuisance.
9.08.040 Keeping live hogs, pot-bellied pigs, and swine prohibited.
A. It is unlawful and a public nuisance for any person to keep any live hog or other swine
within the city limits for a period of time longer than twenty-four hours.
B. Notwithstanding anything to the contrary in this section, the keeping of potbellied pigs is
permitted only in accordance with the following:
1. No more than two potbellied pigs may be kept per household within the City;
2. The total combined number of potbellied pigs and dogs kept per household shall not
exceed four;
3. All potbellied pigs over four months of age must be spayed or neutered, unless a
licensed veterinarian recommends in writing against such procedure because it would be
detrimental to the health of the animal.
9.08.130 Animals at large.
A. It is unlawful for any owner and/or possessor of any animal to suffer or permit such animal
to be at large as defined in this section. Violations of this section are subject to citation and the
animal at large is subject to impoundment as authorized by Chapter 9.28.
B. In the case of dogs, "at large" means a dog that is not on the premises of its owner
and/or possessor or the premises of another without permission of the owner or occupant
thereof, or not under physical restraint by a person capable of controlling the dog by means of
a leash not exceeding six feet in length.. This definition shall not apply to:
1. Guide or service dogs while performing their duties for blind hearing impaired and
physically disabled people;
Ordinance No. 2349 N.C.S. Page 3
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2. Dogs participating in field or obedience trials or animal exhibitions;
3. Dogs assisting their owner and./or possessor in legal hunting or the herding of
livestock;
4. Dogs assisting a security guard or assisting a peace officer engaged in law
enforcement duties;
5. Areas within the city specifically set aside and posted for the exercise of animals.
C. In the case of animals other than dogs, "at large" means an animal which is off the
premises of its owner and/or possessor while not under the physical restraint of a person capable
of controlling the animal. This definition shall not apply to any animal which is on the premises of
another person with the consent of the owner or occupant thereof.
D. In the case of any animal, "at large" also means an animal which is tethered, leashed or
otherwise present on property which is not owned or controlled by the owner and/or possessor
of the animal without the permission of the owner or occupant thereof.
E. In the case of any animal, "at large" also means an animal which is tethered or leashed
on any city street, or other city property not set aside for such tethering or leashing in such a way
to block a public walkway or thoroughfare.
F. No person owning or otherwise having a cat over four months of age in his/her
possession shall cause, permit or allow such cat to be unconfined in or upon any public street,
road, alley or other public or private place, including the exterior yards of the animal owner's
property, unless such cat is spayed or neutered. An animal control officer may seize and/or
impound every cat found in violation of this section and shall require owners of the cat to either
spay or neuter fhe cat or to produce a certificate of sterilization signed and dated by a
veterinarian which lists the veterinarian's name, clinic's name, address, telephone, license
number, pet name, age, breed and adequate description of the cat. When a person is cited or
an animal impounded under this section, the owner of the cat, if known, shall be notified in
writing and given seven calendar days to request a hearing to determine if such sterilization
should be held in abeyance.
G. Mandatory spay/neutering and microchipping of all dogs at large. Except as provided
in (1) through (3) below, all dogs over six months of age cited for being "at large" in violation of
this section 9.08.130 shall be spayed or neutered and microchipped at the owner's expense.
Written verification from the veterinarian performing the surgery and microchipping must be
provided by the owner to Animal Services within seven days. of the procedure.
1. Dogs that have been trained in accordance with all applicable laws and regulations
and thafi are actually being used in accordance with applicable law; (a) by public law
enforcement agencies for law enforcement activities; (b) by any person as assistance dogs such
as service dogs, guide dogs, signal dogs or social dogs; (c) by search and rescue agencies for
search and rescue activities; or (d) by any person for herding of other animals, as livestock
guardian dogs or hunting dogs.
2. Dogs certified by a licensed veterinarian. as having a health reason for not being
spayed or neutered.
3. Dogs boarded in a licensed kennel or a business that boards such animals for
professional training or resale.
9.08.180 Dog barking and other animal noise.
A. No person shall keep or permit to remain in any premises within the city any animal which
continuously and incessantly produces noise at any time during the day or night to the
disturbance of any other person.
B. "Continuous and incessant noise" means producing noise for an aggregate period of
ten minutes or more duration during any one-hour period which disturbs the peace of another
person, including barking, howling, crying, baying, squealing or making any other noise,
provided that at the time of the complaint, no person or persons were trespassing or threatening
Ordinance No. 2349 N.C.S. Page 4
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to trespass upon the private property of the owner or person in custody or control of the animal,
or the animal was not being teased or provoked in any manner,
C. An animal control officer shall investigate any reported incident regarding continuous
and incessant animal noise,
1, During that investigation, the animal control officer shall compose a report to be
permanently retained pursuant to adopted procedures, The report shall be signed under
penalty of perjury by the animal control officer,
2. The animal control officer shall append to the report the statements of witnesses,
victims and the animal owner. These statements shall also be signed under penalty of perjury,
3. The animal control officer shall require witnesses, victims and the animal owner(s) to
maintain abark/noise log, The bark/noise log shall list times and durations of barking/noise and
shall be signed under penalty of perjury,
D, A rebuttable presumption that an animal has continuously and incessantly produced
noise constituting a public nuisance shall be deemed to exist when either of the following
occurs;
1, At least two individuals, from separate residences, sign a declaration under penalty
of perjury witnessing to facts indicating a violation of this section; or
2. Any law enforcement officer or animal control officer personally witnesses a violation
of this section.
E. Such noise constitutes a public nuisance and each day that the animal is suffered or
permitted to continue the aforedescribed noise constitutes a separate offense,
9.14.110 Feral cat colony registration; trap, neuter, return, monitor (TNRM) program.
A, The purpose of a TRNM program is to reduce or eliminate the number of feral cats
through the practice of managing existing colonies. This section is intended to provide the
framework for an Authorized Feral Cat Care Organization to work cooperatively with Petaluma
Animal Services to actively manage existing feral cat colonies. Feral cats, and feeding or
maintaining feral cats, within the City are hereby declared to be public nuisances, and a
violation of this chapter, except for feeding or maintaining by an Authorized Feral Cat Care
Organization in accordance with this chapter, All Authorized Feral Cat Care Organizations must;
1. Register with Animal. Services and provide proof of status as a 501(c)(3) or
comparable nonprofit organization;
2. Submit a written plan to Animal Services identifying the organization's name, project
leaders, objectives, and implementation plans,
3, Establish and maintain liability insurance as specified by the City of Petaluma Risk
Management office naming the City of Petaluma and the Petaluma Community Development
Commission and their officials, officers, employees, agents, and volunteers as additional
insureds;
4. Establish a colony tracking system and provide an annual report to Petaluma Animal
Services, Annual reports shall include colony location, number of current members, new colony
members, the number of cats sterilized, the number of cats removed for adoption, and public
education efforts;
5, Provide for and provide Animal Services documentation verifying the sterilization of
all cats and kittens over four months of age by a licensed veterinarian and three-year
vaccination against rabies within one month of any cat entering the colony. All sterilized cats
shall be marked by cropping the pointed end of the ear (ear tipping);
6, Establish a standardized feeding station and a feeding program as agreed upon with
Animal Services;
7. Remove kittens from the colony that can be socialized and adopted and evaluate
new colony members for socialization and possible adoption;
8. Agree to work collaboratively with Petaluma Animal Services on public education
efforts;
Ordinance No. 2349 N.C.S. Page 5
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9, Submit to Petaluma Animal .Services written authorization from the owner of the
property where the cats are fed and maintained; and
10. Provide. within ten days all colony records to a Petaluma Animal Control Officer for
inspection in response to a complaint or alleged violation of law,
B. This section is not intended to prevent a private party from asserting any legal rights to
enjoin or seek damages resulting from the feeding of feral cats that adversely affects such
person's property interests.
C. The City may abate a public nuisance created by feral cats by seizing the feral cats on
public property by any means of abatement in accordance with Title 9 of this Code or any other
law.
D. Notwithstanding anything in this section to the contrary, feeding feral cats is prohibited
and a public nuisance:
1. In or within the Petaluma Wetlands, located along the Petaluma River. For purposes
of this section, the Petaluma Wetlands are bordered by the Petaluma River on the southwest,
and Lakeville Highway to the north and east, and the length of the Petaluma Wetlands is from
the Petaluma Marina to and including the Petaluma holding ponds,
2. Inside any City park,
3. Feeding feral cats or otherwise caring for a feral cat colony without written permission
from the owner of the land where the cats are maintained or fed.
9.14.120 Required records for commercial kennels and catteries.
Every commercial kennel and caffery pursuant to this chapter shall keep available, on the
permitted premises, records available for inspection by the director, These records shall contain
all of the following:
A, The name, current address, and telephone number of the owner/guardian of each
animal at the kennel or caffery,
B. The date each animal entered the kennel, or caffery,
C, The reason for each animal being at the kennel or cattery, such as for boarding, sale,
breeding or grooming.
D, A description of each animal at the kennel or cattery, including age, breed, sex and
color.
E. A current, valid rabies certificate for each animal over four months of age at the kennel
or cattery.
9.24.040 Hearing procedures.
A, Petition. Pursuant to Section 9,24,030, where the animal control officer has investigated
and determined that there exists probdble cause to believe that an animal is dangerous or
potentially dangerous, the animal control officer shall petition the hearing officer for a hearing
for the purpose of determining whether the animal should be declared dangerous or potentially
dangerous.
B. Notice, The City shall notify the owner of the animal that a hearing will be held, at which
time the animal control officer and the animal owner may present evidence as to whether the
animal should be declared dangerous or potentially dangerous. The notice together with a
copy of the petition, shall be provided pursuant to Section 9.24.060. The hearing shall be held
promptly within no less than ten days and no more than thirty days affer service of the notice on
the owner of the animal,
C. Conduct of Hearing. The hearing officer shall conduct the hearing as set forth in section
9.32.050(H)(2) through 9.32.050(H)(4). The owner of the animal shall be provided an opportunity
to present evidence as to why the animal should. not be declared dangerous or potentially
dangerous,
Ordinance No, 2349 N.C.S. Page b
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D. Determinations of Dangerous and Potentially Dangerous Animals -Evidence, In making
a determination that an animal is dangerous or potentially dangerous, evidence of the following
shall be considered:
1, Any previous history of the animal attacking, biting or causing injury to a human
being or other domestic animal;
2. The nature and extent of injuries inflicted and the number of victims involved;
3, The place where the bite, attack or injury occurred;
4. The presence or absence of any provocation for the bite, attack or injury;
5. The extent to which property has been damaged or destroyed;
6. Whether the animal exhibits any characteristics of being trained for fighting or attack
or other evidence to show such training or fighting;
7. Whether the animal exhibits any characteristics of aggressive or unpredictable
temperament or behavior in the presence of human beings or other domestic animals;
8. Whether the animal can be effectively trained or retrained to change its
temperament or behavior;
9. The manner in which the animal had been maintained or cared for by its owner;
10, Any other relevant evidence concerning the maintenance or care of the animal;
and
11. Any other relevant evidence regarding the ability of the owner or the animal control
officer, to protect the public safety in the future if the animal is permitted to remain in the city.
E. Determination of Dangerous or Potentially Dangerous Animal -Abatement Order, Affer
the hearing, the hearing officer may find, upon a preponderance of the evidence, that the
animal is dangerous or potentially dangerous, The hearing officer may order the abatement of
the nuisance created by the dangerous or potentially dangerous animal by imposing some or all
of the conditions found in Section 9.24.050 for the continued ownership of the animal., The
abatement order shall supersede any provisional abatement order issued by an animal control
officer unless the abatement order is stayed by judicial action or pending judicial review, Within
ten days of the hearing, the determination and abatement order shall be served upon the
animal owner pursuant to Section 9,24,060. The determination and abatement order of the
hearing officer shall be final and conclusive,
F, Order of Humane Euthanization, If, following the hearing, the subject animal is
determined by a preponderance of the evidence to be dangerous and, if released to the
animal owner, even where reasonable abatement conditions were imposed, would create a
significant threat to the public health, safety, or welfare, the hearing officer may order that the
animal be humanely euthanized as permitted under California Food and Agricultural Code
section 31645 or its successor provisions.
1. A rebuttable presumption that an animal creates a significant threat to the public
health, safety and welfare exists where:
a. The animal has been involved in an attack resulting in the death of a person,
regardless of the circumstances involved,
b. The animal has been. involved in a second attack, without provocation, on
another animal or livestock which occurs off the property of the owner of the attacking animal
and that results in the death of the other animal or livestock.
c. The animal has been involved in a third attack, without provocation, that results in
a non-severe injury to a person in a place where such person is acting lawfully.
d, A third attack, without provocation, on another animal or livestock, which occurs
off the property of the owner of the attacking animals;
e. The owner of an animal previously deemed dangerous fails, refuses or is
incapable of complying with the terms of an abatement order issued pursuant fo this chapter,
f, The animal has been previously found dangerous and subsequently exhibits any
of the behaviors listed as determinative of dangerous or potentially dangerous under Section
9,24,020,
2. Such remedy shall be in addition to all other remedies at law or in equity and shall not
limit or restrict such other remedies,
Ordinance No, 2349 N.C.S: Page 7
1 3. Within ten days of the hearing, notice of the order of humane euthanization shall be
2 served upon the owner pursuant to Section 9.24,060.
3 4. Any order made by the hearing officer to humanely euthanize an animal shall be
4 final
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6 9.24.050 Abatement order and conditions.
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8 A, Pursuant to Section 9.24.040, the owner of an animal determined to be dangerous or
9 potentially dangerous by the hearing officer shall be required to comply with the abatement
10 order of the hearing officer which contains any or all of the following conditions;
11 1. Registration. To immediately register the animal that is found to be dangerous with
12 the animal control officer to comply with the animal control officer's requirements for dangerous
13 animal (including, but not limited to, requiring the animal to wear a visible, dangerous animal
14 tag), and to keep such animal properly vaccinated at all times. The fee to keep or maintain
15 one dangerous animal shall be filly dollars for atwelve-month term, and the fee for each
16 additional dangerous animal shall be twenty-five dollars. The fee shall be paid for each twelve-
17 month term. Should the animal die in any twelve-month term, the owner shall notify the animal
18 control officer of the death within five working days of the death;
19 2, Confinement, To keep the animal securely confined on its premises in a locked
20 enclosure approved by the hearing officer or the animal control officer from which the animal
21 cannot escape and into which children cannot trespass. Such a kennel or structure must have
22 secure sides and a secure top attached to the sides, All structures used to confine a dangerous
23 animal must be locked with a key or combination lock when such animals are within the
24 structure. Such structure must have a secure bottom or floor attached to the sides of the pen or
25 the sides of the pen must be embedded in the ground no less than two feet, All structures
26 erected to house a dangerous animal must comply with all zoning and building regulations of
27 the city, All such structures must be adequately lighted, ventilated, and kept in a clean and
28 sanitary condition;
29 3. Confinement while on leash. To keep the animal securely muzzled, restrained by a
30 substantial leash of appropriate length, not to exceed six feet, and under the control of a
31 responsible person eighteen years of age or older who is physically capable of restraining the
32 animal when the animal is not contained in a locked, secure enclosure;
33 4, Spay or neuter the animal, To have the animal spayed or neutered by a licensed
34 veterinarian at the owner's expense and to present proof thereof to the animal control officer;
35 5. Insurance. The owner of any animal found to be dangerous pursuant to this title shall
36 present to Animal Services proof that the owner has procured liability insurance in the amount of
37 at least one hundred thousand dollars ($100,000) covering any damage or injury that may be
38 caused by the dangerous animal, Such liability insurance shall not be cancelled unless the
39 owner ceases to own the animal, Coverage shall be evidenced by an endorsement from the
40 insurer, The animal owner shall provide the city at least thirty days' advance notice of
41 cancellation of any insurance policy required by this section. The insurance requirements set
42 forth herein may be extended to the owner of a potentially dangerous animal based on the
43 circumstances and recommendation of the Animal Control Officer;
44 6. Bond. The posting of a bond or other proof of ability to pay a damage award in the
45 amount of fifty thousand dollars;
46 7. Notification. To immediately inform any city, county, postmaster or utility company
47 meter readers and anyone else that lawfully comes onto the property, of the animal's
48 dangerousness and to inform animal control and/or the chief of police if the animal is moved to
49 another location inside or outside the city limits as provided by this chapter;
50 8. Signs. To display in a prominent place on the premises a sign easily readable by the
51 public using the words "Beware of Dog" or "Beware of Animal" in letters at least three inches
52 high;
Ordinance No. 2349 N.C.S. Pdge 8
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9. Microchip and sterilization requirements. The owner of any animal found potentially
dangerous or dangerous pursuant to this chapter shall, at the owner's expense, have a
microchip assigned by Animal Services implanted into the animal for identification purposes.
The identifying information listed on the microchip shall be noted in the licensing files for that
animal. An animal that has been found to be potentially dangerous or dangerous pursuant to
this chapter shall be sterilized at the owner's expense by a date determined by the Animal
Control Officer;
10. Inspection. To consent and agree to the entry upon the premises to any police
officer or animal control officer for the purpose of inspecting the animal and/or premises;
1 l . Payment of cost. To make reasonable payment of costs incurred by the city _ and
animal control agent in the hearing process,. not to exceed one thousand dollars;
12. Other. To take any other steps deemed reasonably necessary to prevent injuries to
the public.
B. The owner of the animal shall comply with the conditions imposed by the hearing officer
within thirty days of the order.
C. All owners of dangerous animals must within ten days of the effective date of the
abatement order provide the animal control officer with two photographs (color) of the
registered animal clearly showing the color and approximate size of the animal.
D. No dangerous animal shall be kept on a porch, patio or in any part of a house or
structure that would al{ow the animal to exit such building on its own volition. In addition, no
such animal may be kept in a house or structure when the windows are open or screen doors
are the only obstacle preventing the animal from exiting the structure.
E. Failure to comply with an abatement order regarding a dangerous or potentially
dangerous animal.
I. It is unlawful for the owner of an animal deemed dangerous or potentially dangerous
under this chapter to fail to comply with the conditions set forth in an abatement order. Any
animal found to be the subject of a violation of such an abatement order shall be subject to
immediate seizure and impoundment. The hearing officer shall order the animal owner to show
cause why the animal should not be humanely euthanized for failure to comply with the
conditions contained in the abatement order of an animal deemed dangerous or potentially
dangerous.
2. The hearing officer shall provide written notice pursuant to Section 9.24.060 that the
animal will be humanely euthanized unless, within fourteen days from the date of the notice;
a. The owner has demonstrated to the satisfaction of the hearing officer that the
owner has fully complied with the requirements and conditions set forth in the abatement order;
or
b. The owner has filed in a court of competent jurisdiction a petition that seeks to
stay euthanization of the animal and has served a copy of such petition upon the hearing
officer.
3. If, after fourteen days from the date of such notice, the owner has not complied with
the provisions of subdivisions 1 or 2 of this subsection, the hearing officer may, without further
notice or process, have the animal humanely euthanized.
9.24.060 Notice and service requirements.
When this chapter requires the provision of notice or service, the notice or service shall be in
writing. If a right may be exercised or an act is to be done and the notice or service of it is
required to be given but the time wifihin which the notice or service must be given is not
specified, the notice or service shall be given at least ten days before the time the right must be
exercised. The notice or service shall be served upon the owner and/or possessor personally or
by United States mail, first-class postage prepaid, and if by such mail, it shall be sent to the
animal owner at his/her last known mailing address. In the event that the last known address of
the animal owner and/or possessor cannot be ascertained, the hearing officer or animal control
Ordinance No. 2349 N.C.S. Page 9
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officer shall sign a declaration under penalty of perjury that best efforts were made to provide
notice or service to the animal owner and/or possessor. In the case of personal service, service
shall be deemed complete at the time of such delivery. In the case of service by first-class mail,
service shall be deemed complete at the time of deposit into the United States mail. The failure
to receive a notice or other document sent via first-class mail shall not affect the validity of any
enforcement proceedings under this title.
9.24.080 Ownership of dangerous animals.
The owner of an animal determined to be dangerous and ordered humanely euthanized
pursuant to this chapter shall be prohibited from owning, possessing, controlling or having
custody of any other animal of the same type for a period of three years from the date of the
determination of when it is found at the hearing conducted pursuant to this chapter that
ownership or possession of such animal by that person would create a significant threat to public
health, safety or welfare.
9.24.090 Enforcement and penalties.
A. Enforcement by Criminal Prosecution. Any violation of this chapter may be prosecuted
as a criminal offense as set forth in section 9.32.030.
B. Enforcement by civil court action. The provisions of this chapter may be enforced by a
civil court action in accordance with section 9.32.040. In addition to any other remedies
provided herein, any violation of this chapter involving an animal deemed to be potentially
dangerous or dangerous shall be subject to a civil fine not to exceed $1,000.
C. Penalties and Remedies Cumulative. The penalties and. remedies specified herein shall
not be exclusive but shall be cumulative with all other remedies at law or in equity. The city may,
in its discretion, elect to pursue any one or more of the penalties or remedies provided for herein
or at law or in equity.
9.28.080 Cost of care deposit.
The owner of an animal that has been impounded pending the outcome of any enforcement
action taken by the City pursuant to this title may prevent disposition of the animal by Petaluma
Animal Services by posting a deposit in an amount set either by the Hearing Officer or a court of
competent jurisdiction where the enforcement action is pending that is sufficient to provide for
the animal's minimum care for at least thirty days, including the day the animal was taken into
custody. Such deposit shall be filed with the City of Petaluma Department of Finance within
seven calendar days of the date of impound. If the deposit is not posted, the animal shall be
deemed abandoned, and the Animal Services Manager shall determine the final disposition of
the animal in accordance with this title. Once the deposit is exhausted, if the owner of the
animal desires to prevent disposition of the animal by Animal Services, the owner must post a
deposit within seven calendar days following the exhaustion of the deposit. If a deposit is not
posted, the animal shall be deemed abandoned and final disposition shall be determined by
the Animal Services Manager. Nothing in this section shall prohibit the immediate euthanasia of
the animal if, in the opinion of a licensed veterinarian, the animal is experiencing intractable
extreme pain or suffering. The owner shall be liable for all costs of providing care or disposal of
the animal.
9.28.090 Holding period for animal.
A. Unlicensed dogs shall be maintained a minimum of four business days including the day
of impoundment.
Ordinance No. 2349 N.C.S. Page 10
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B, Licensed dogs shall be maintained a minimum of ten days following the date of
impoundment.
C. Any horse, mule, burro or bovine animal shall be maintained a minimum of four business
days including the day of impoundment, and be disposed of as required by Section 17003 of the
California Agricultural Code. Upon expiration of the fourth day affer the impoundment, if no
person has appeared to claim such animal, the animal control officer shall nofiify the State
Director of Agriculture as required by Section 17003 of the California Agricultural Code,
D, All other animals shall be maintained a minimum of four business days including the day
of impoundment,
9.28.100 Disposition of animal.
A. Affer the holding period specified in Section 9,28.090 has expired, animal services is
authorized to make the animal available for adoption or to dispose of the animal by humane
euthanasia,
B, Exceptions. If an appeal of the impoundment is pending, animal services may not
dispose of the animal until affer a determination is made by the animal hearing officer,
9.28.110 Summary euthanization of the animal.
Animal services may cause an impounded animal to be destroyed without waiting for the
holding period specified in Section 9,28.090 to expire, when such animal is severely injured, or
infected with a dangerous or communicable disease. Animal services shall make a reasonable
effort to notify the owner of the animal, if known, prior to the euthanization of the animal.
9.28.120 Redemption of animal by owner.
A. The owner of an impounded animal may redeem the animal at any time prior to its legal
disposition by ,providing proper identification, obtaining a dog or cat license or other permit
when required under this title and paying all fees and charges for the care, feeding and
veterinary treatment of the animal. If the owner fails to pay the required fees or charges, or to
obtain any required license or permit, the animal shall be treated as unredeemed by the owner
and disposed of in accordance with Section 9.28,100. Exceptions; If the impounded animal has
been the subject of an abatement order pursuant to Section 9,32,050 or Section 9.24,050, the
animal shall not be released unless the owner is willing and able to comply with the terms of the
abatement order,
B. Animal services may retain an impounded animal for purposes of investigation or
prosecution of any violations of this title, the Petaluma zoning ordinance or the laws of this state.
If a request for redemption is made by the owner of the animal, the costs of the continued
impoundment of the animal from the date the request for redemption is made shall be borne by
the city unless the continued impoundment of the animal is upheld by the animal hearing
officer. The owner of the animal may appeal the continued impoundment of the animal within
five working days affer a request for redemption is denied by the animal control officer. A
hearing shall be set before the animal hearing officer within five working days of the filing of the
appeal.
C, In such cases where an impounded animal is found to be dangerous, the animal may be
released subject to the conditions set forth in Chapter 9.24.
4.28.130 Redemption after release to third party.
Animals adopted from the Petaluma animal shelter affer the legal holding period will not be
returned to the original owner,
Ordinance No. 2349 N.C.S. Page 11
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9.28.140 Requirements for animal adoption.
Animal services shall require the mandatory spay/neuter of any cat or dog or rabbit prior to
adoption of said animal from the shelter. Fees for adoption shall be set by the city council and
posted at the shelter,
9.32.010 Violation a public nuisance, enforcement, alternative remedies provided.
Any violation of this title is unlawful and is hereby declared to be a nuisance. The provisions of
this title may be enforced by the police department, fire department, animal control officers or
any authorized designee of the manager of animal services. Any violation of this title may be
prosecuted or enforced through any of the enforcement remedies in this title or other
applicable law, The city expressly reserves the right to utilize any enforcement remedies
available under any applicable state or federal statute or pursuant to any other lawful power
the city may possess. All such remedies shall be alternative to or in conjunction with, and not
exclusive of, one another. The election of remedies provided by this title or other applicable law
shall be at the sole discretion of city officials,
9.32.020 Separate and continuing violations.
A separate offense shall be deemed committed each day a violation of this title occurs or
continues; any penalty imposed for a violation, pursuant to this chapter may be imposed on a
"per day" basis,
9.32.030 Violations enforced by criminal prosecution.
Any violation of this title may be prosecuted as a criminal offense, Unless expressly described as
an infraction, a violation of any provision of this title, or failure to comply with any mandatory
requirement hereof, shall constitute a misdemeanor. Notwithstanding the preceding sentence,
a violation of this title may, in the discretion of the prosecuting attorney or other enforcing
authority, be charged and prosecuted as an infraction.
9.32.040 Violations enforced by civil court action.
A, The provisions of this title may be enforced by a civil court action, prosecuted by the city
attorney in the name of the city or in the name of the people of the state of California.
B, Collection of costs by the city. Whenever the city attorney is authorized or directed to
commence or sustain any civil action or proceeding to enforce any provision of this title, or any
violation of a rule, regulation or order promulgated or issued pursuant to this title, or to enforce
any provision of any contract or agreement, or to enjoin or restrain any violation thereof, or to
otherwise abate a nuisance condition or collect any sums of money on behalf of the city, the
prevailing party shall be enfitled to collect all costs and expenses of the same, including
reasonable attorney's fees in an amount not to exceed the amount of attorney's fees incurred
by the city, as authorized by Government Code Section 38773,5(b), and any such award of
costs and expenses shall be made a part of the judgment,
9.32.050 Administrative enforcement of violations.
50 A, Notice of Violation and abatement order, Except as otherwise provided in this title,
51 whenever an animal control officer has reasonable cause to believe a violation of this title has
52 occurred, the animal control officer may issue the responsible party a Notice of Violation
Ordinance No, 2349 N.C.S. Page 12
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("NOV") and abatement order. Such NOV and abatement order shall be served on the owner
and/or possessor in the manner described in subsection B of this section, The animal control
officer shall include the following information in the NOV and abatement order:
1. The date and location of the violation, including the address or other description of
the location where the violation occurred or is occurring and a brief description of. the
conditions observed that constitute a violation;
2. The name(s) of the owner and/or possessor, if known;
3, The code section(s) being violated and a description of the section(s);
4, Actions required to correct, abate or mitigate the nuisance condition or code
violation, and the time within which the violation must be abated;
5, An order prohibiting the continuation or repeated occurrence of a nuisance
condition or violation of this code described in the NOV and abatement order;
6. A statement that the person upon whom the NOV and abatement order is served
may appeal the determination that there is/are violation(s) as alleged, that the person who was
served with the NOV is the owner and/or possessor of the animal(s), or that the amount of any
administrative fine imposed is warranted, The NOV will instruct the person being served as to the
proper procedure and time frame for submitting an appeal;
7, Notice that if the owner and/or possessor fails to comply with the order or file a timely
appeal, the animal will be subject to impoundment in accordance with Chapter 9.28;
8. The signature of the citing animal control officer and city contact information
(address, telephone number) for additional information.
B. The NOV and abatement order shall be served upon the owner and/or possessor
personally or by United States mail, first-class postage prepaid, and if by such mail, it shall be sent
to the animal owner at his/her last known mailing address, In the event that the last known
address of the animal owner and/or possessor cannot be ascertained, the hearing officer or
animal control officer shall sign a declaration under penalty of perjury that best efforts were
made to provide notice or service to the animal owner and/or possessor, In the case of
personal service, service shall be deemed complete at the time of such delivery, In the case of
service by first-class mail, service shall be deemed complete at the time of deposit into the
United States mail. The failure to receive an NOV and abatement order sent via first-class mail
shall not affect the validity of any enforcement proceedings under this title.
C. Proof of service shall be certified by a written declaration under penalty of perjury
executed by the person. effecting service, declaring the date, time, and manner of service, and
the date and place of posting, if applicable. The declaration shall be affixed to a copy of the
NOV and abatement order and retained by the animal control officer.
D, The failure of an NOV to satisfy all of the requirements of this provision shall not affect the
validity of any other enforcement proceedings under this title,
E. The owner and/or possessor of the animal may request a hearing before the animal
hearing officer to appeal the abatement order within ten days of the date of service of the
order pursuant to this section, A timely appeal shall stay the abatement order until the animal
hearing officer rules whether to sustain, modify or overrule the order.
F, It is unlawful for the owner and/or possessor of an animal to fail to comply with the
abatement order unless a timely appeal is filed and pending in accordance with this section.
G, If affer investigation, the owner and/or possessor of the animal cannot be ascertained
and located and the animal control officer reasonably believes that the animal committing the
public nuisance has been Jeff outdoors without proper supervision for twenty-four or more hours,
the animal control officer may impound the animal if continuation of the nuisance poses an
immediate threat to the health and safety of the animal or the public safety, Impoundment
shall be in accordance with the procedures for immediate impoundment specified in Section
9.28.070,
H. Appeal,
1, Notice. The hearing officer shall notify the owner and/or possessor of the animal that
a hearing will be held, at which time the animal control officer and the animal owner and/or
possessor may present evidence as to whether the abatement order shall be sustained,
Ordinance No. 2349 N.C.S. Page 13
1 modified, or overruled. The notice of the appeal hearing shall be sent pursuant to Section
2 9.32.050, subdivision (B). The hearing shall be held promptly within no less than ten days and no
3 more than thirty days affer service of the notice on the owner of the animal..
4 2. Conduct of hearing. The hearing officer shall conduct the hearing in an informal
5 manner and shall afford the owner and/or possessor of the animal an opportunity to present
6 evidence as to why the order should be modified or overruled. The formal rules of evidence
7 shall not apply; however, whenever possible, any complaint received from a member of the
8 public which serves as the evidentiary basis for the animal control officer to find probable cause
9 shall be sworn to and verified by the complainant and attached to the petition filed by the
10 animal control officer. The hearing officer may admit into evidence dll relevant evidence,
11 including incident reports and the affidavits or declarations of witnesses; {imit the scope of
12 discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing
13 when not testifying; exclude disorderly or disruptive persons from the hearing; and make other
14 orders necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be
15 open to the public.
16 3. Recording. The proceedings at the hearing may be tape recorded if ordered by the
17 hearing officer or requested by the owner and/or possessor of the animal. A stenographic
18 reporter shall also record the proceedings if ordered by the hearing officer or requested by the
19 owner and/or possessor, with the costs thereof to be borne by the requestor. A copy of the tape
20 recording or transcript of the proceedings shall be made available to any person upon request
21 and upon payment of the cost of preparation thereof.
22 4. Failure to appear. The hearing officer may decide all issues for or against the owner
23 and/or possessor of the animal ever if the owner and/or possessor fails to appear at the hearing.
24 5. Determination. Affer the hearing, the hearing officer may find, upon a
25 preponderance of the evidence, that a public nuisance under this section exists. The hearing
26 officer may order the abatement of the nuisance by upholding or modifying the abatement
27 order. The abatement order shall supersede any previous abatement order issued by an animal
28 control officer. Within ten days of the hearing, the determination and abatement order shall be
29 served upon the owner by prepaid first-class mail, return receipt requested. The determination
30 and abatement order of the hearing officer shall be final and conclusive.
31 I. If the owner an/or possessor of the animal fails to file a timely appeal or abate the public
32 nuisance within ten days of the date of service of the NOV and abatement order or decision by
33 the hearing officer regarding an appeal, the animal control officer may:
34 1. Cite the owner and/or possessor of the animal for a violation of this title. Each• day
35 that a violation occurs is a separate offense.
36 2. Refer the violation to the city attorney or district attorney for criminal or civil
37 prosecution of a violation and/or abatement of the public nuisance.
38 3. Impound the animal. The owner and/or possessor may redeem an impounded
39 animal as specified in Chapter 9.28 provided that the owner and/or possessor agrees to comply
40 and is able to comply with the abatement order, and has paid all impound fees or charges.
41 J. Exceptions. Nothing in this section shall be construed to apply to noise levels emanating
42 from a legally operated veterinary hospital, humane society or animal control shelter or farm.
43 K. The remedies of this section shall not limit the city nor any person from seeking any other
44 legal remedy available by law, including but not limited to an action for private or public
45 nuisance.
46
47 9.32.060 Judicial review.
48
49 Any owner and/or possessor who is aggrieved by a decision of a hearing officer and who has
50 exhausted the administrative remedies provided in this title, or any other applicable law, shall
51 have the right to seek judicial review of such decision by filing a petition for writ of mandate as
52 more fully described in Section 1.14.110 of this code, as that section may be amended from time
53 to time.
Ordinance No. 2349 N.C.S. Page 14
1 9.32.070 Recovery of costs of abatement.
2
3 A. The city may elect to recover its costs to abate nuisance conditions or other violations of
4 this title pursuant to the procedures set forth in section 1,14,120 of this code, as that section may
5 be amended from time to time.
6 B. Cost accounts. If any order authorizes the city to abate a nuisance condition or other
7 violations of this title, the city official responsible for such abatement shall keep an accounting of
8 the cost of abatement along with any other recoverable costs pursuant to the procedures
9 outlined in section 1.14,130 of this code.
10 C, Imposition of liens or special assessments, Any penalty imposed for violations of this title,
11 administrative costs or other expenses of enforcement, and the cost or expenses associated with
12 the abatement of a nuisance as set forth in this title, whether imposed or levied judicially or
13 administratively, may be enforced by the recordation of a lien or may become a special
14 assessment against the property of the owner as described in section 1.14.140 of this code.
15
16 9.32.080 Enforcement methods provided herein not exclusive.
17
18 Nothing in this title shall prevent the city from initiating any other legal or equitable proceeding
19 to obtain compliance or to discourage noncompliance with the provisions of this title. The
20 enforcement procedures described herein are intended to be alternative methods of obtaining
21 compliance or discouraging noncompliance and are expressly intended to be in addition to
22 any other remedies provided by law or this code, It is the intent of the city council that the
23 immunities prescribed in Penal Code Section 836..5 and Government Code Section 820.2 shall be
24 applicable to the animal control officer, and any other public officers or employees, acting in
25 the course and scope of employment pursuant to this title,
26
27 9.32.090 Behavior and Training Diversion Program.
28
29 At the discretion of the Animal Control Officer, an animal owner who has violated any section of
30 this title may be required to attend the "Behavior and Training Diversion Program." The fee for
31 attending the "Behavior and Training Diversion Program" shall be determined by city council
32 resolution.
33
34 Section 2. Ordinance Not Subject to CE9A. The City Council finds that this Ordinance is
35 not subject to the California Environmental Quality Act ("CEQA") in accordance with Section
36 15060(c)(2) of the CEQA Guidelines, (Title 14, Chapter 3 of the California Code of Regulations) in
37 that the activity will not result in a direct or reasonably foreseeable indirect physical change in
38 the environment, and in accordance with section 15060(c)(3) of the CEQA Guidelines in that the
39 activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no
40 potential for resulting in physical change to the environment, either directly or indirectly.
41
42 Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance
43 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
44 competent jurisdiction or preempted by state legislation, such decision or legislation shall not
45 affect the validity of the remaining portions of this ordinance. The City Council of the City of
46 Petaluma hereby declares that it would have passed and adopted this ordinance and each
47 and all provisions thereof irrespective of the fact that any one or more of said provisions be
48 declared unconstitutional, unlawful or otherwise invalid,
49
50 Section 4. Said ordinance or a synopsis shall be posted and/or published for the period
51 and in the manner required by City Charter,
52
Ordinance No. 2349 N.C.S. Page 15
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Section 5. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
INTRODUCED and ordered posted/published this 5th day of October, 2009.
ADOPTED this 19th day of October, 2009.
Ayes: Glass, Healy, Babbitt, Renee, Mayor Torliatt
Noes; Harris
Abstain: None
Absent: Vice Mayor Barrett
ATTEST: APPROVES TO FORM;
eborah Padovan, Deputy City Clerk Eric Danly ity Attorney
Ordinance No. 2349 N.C.S.
Page 16