HomeMy WebLinkAboutStaff Report 5.B 04/06/2009CITY OF PFTALUMA, CALIFORNIA
AGENDA BILL
Agenda Title: Consideration and Possible Introduction of an Ordinance
Amending Specified Provisions in Animal Regulations in Title 9 of the
Petaluma Municipal Code Concerning Dangerous Animals, Feral Cats,
Bees, Pot Bellied Pigs, Enforcement and Other Topics.
April 6, 2009
Meeting Date: April 6, 2009
Meeting Time: 7:00 PM
Category: ❑ Presentation ❑ Appointments ❑ Consent ❑ Public Hearing ❑ Unfinished Business M New Business
Denartment: Director:
Police C i Steo��
Total Cost of Proposal or Prosect:
Amount Budgeted: 0
Contact Person: Phone Number:
Lt. Mike Cook 776-3743
Name of Fund:
Account Number:
Current Fund Balance:
Recommendation: It is recommended that the City Council take the following action:
Introduce ordinance amending specified animal regulations in Title 9 of the Petaluma Municipal Code.
1. ❑ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading
2. ❑ First reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second
reading; see Attachment
3. ❑ Other action requiring special notice: Notice has been given, see Attachment _
Summary Statement:
Petaluma Animal Services is recommending changes and updates to Title 9, the Animal Regulations title of the
Petaluma Municipal Code. The proposed changes include a series of updates intended to strengthen laws related
to dangerous animals, and align the Petaluma Municipal Code statutes more closely with County of Sonoma
animal regulations. Additionally, the revision includes a change to PMC Section 9.14.110 establishing a feral cat
Trap, Neuter, Release, and Monitor (TNRM) program; a revision to PMC section 9.08.030 allowing beehives to
be kept by households, and a revision to section 9.08.040 allowing pot bellied pigs to be kept by households.
Attachments to Agenda Packet Item:
A. Ordinance
B. Animal Services Advisory Committee recommendations
Reviewed by Finance Director: Reviewed by City Attornev: ADDroved by City Manager:
®LST Date: ( Date:
R#-F-/
ev. # -�; ' C,i�tL, I Date Last Revised: File:
CITY OF PETALUMA, CALIFORNIA
APRIL 06, 2009
AGENDA REPORT
FOR
Consideration and Possible Introduction of an Ordinance Amending Specified Provisions in Animal
Regulations in Title 9 of the Petaluma Municipal Code Concerning Dangerous Animals, Feral Cats, Bees, Pot
Bellied Pigs, Enforcement and Other Topics.
RECOMMENDATION:
It is recommended that the City Council adopt the proposed changes to Title 9, Animal Regulations
contained in this ordinance.
2. BACKGROUND:
Petaluma Animal Services is recommending changes and updates to Title 9, the Animal Regulations title
of the Petaluma Municipal Code. The proposed changes include a series of updates intended to
strengthen laws related to dangerous animals, and align the Petaluma Municipal Code statutes more
closely with Cormty of Sonoma animal regulations. Additionally, the revision includes a change to
PMC Section 9.14.110 establishing a feral cat Trap, Neuter, Release, and Monitor (TNRM) program, a
revision to PMC section 9.08.030 allowing beehives to be kept by households; and a revision to section
9.08.040 allowing pot bellied pigs to be kept by households. These changes were also reviewed and are
supported by the Animal Services Advisory Committee.
DISCUSSION:
The majority of changes contained in this ordinance revision are intended to strengthen the penalties and
responsibility for those persons who possess dangerous animals within the city limits of Petaluma. The
majority of these changes mirror the regulations currently contained in the County of Sonoma animal
regulations. These revisions will provide Petaluma Animal Services with new tools for addressing
dangerous animals and their owners.
The revisions include a change to Petaluma Municipal Code section 9.14.110, "Permit for feral cat
colony". The revision details the procedures for a community based Trap, Neuter, Release, and
Monitor (TNRM) program for managing feral cat colonies within the Petaluma city limits. This change
is based on the recommendations made by the Petaluma Animal Services Advisory Committee and
provides a framework to allow community members concerned about feral cats to become actively
involved in colony management.
The revisions to PMC section 9.08.0 10 allowing beehives, and PMC section 9.08.040 allowing pot-
bellied pigs are in direct response to citizen requests for changes in the municipal code. Several local
beekeepers have asked that Petaluma allow a limited number of hives to be kept by "backyard"
beekeepers within the city limits. Proponents of pot-bellied pigs have asked that the ordinance be
changed to allow a limited number of the animals to be kept as pets within the city limits.
4. FINANCIAL IMPACTS:
These revisions are not anticipated to have a significant financial impact to Petaluma Animal Services.
The enhanced penalties and requirements for owners of dangerous animals require the owners of those
animals to incur the costs of complying with the ordinances.
The revision to PMC section 9.14.110, establishing a TNRM program for managing feral cat colonies
should not have a significant financial impact on Petaluma Animal Services. The ordinance establishes
a community based approach to the care and maintenance of feral cat colonies. The burden for
organization, funding, and maintaining a TNRM rests with the community members and non-profit
organizations most concerned with feral cat issues. The ordinance follows the recommendations of the
Petaluma Animal Services Advisory Committee that Petaluma Animal Services oversee but not manage
feral cat colonies. There may be some cost reductions in the future as the number of feral cats should
decline with proper management; however the scope of the problem makes it difficult to project any
actual savings.
The changes allowing limited beehives and pot-bellied pigs within the city limits are not expected to
have a significant financial impact.
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 sneci fled below areis hereby amended to read as follows:
6HAP-'FEI0)-.04
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. "Anim'v" means bees. hives. colonies. or kl9ekeeDlnfl an chances wherever they are kot.
located or found in accordance with Food & Aericulture Code section 29002. as amended
from lime to time.
F. -Authorized Feral Cat Care Oruanization" means am• tax exempt oreanization under section
501011 of the Internal Revenue Code or similar Provision that comnlics with all of the
requirements of section 9.14.110 of this chanter and other annlicable law.
FG. "Beekeenine Appliance" means ari implement or other device which is used in handline
and maninulatine bees or comb. ane container of bees or comb. or ami other equinnient
which is used in the nractice ofltnieulturd
E--GII. "Bee" means a honey -producing insea of the species dpis illellificra, including the
adults, eggs, lanae, pupae and other immature states thereof.
44121."Beehive" or "hive" means any receptacle or container or part thereof that is made: or
prepared- for the use of bees, or anv box or similar container that is inhabited be beesef
whie"ees-ha+e-taken-pessessien in accordance with Food & Aericulture Code section
29011, as amended Isom time to time.
}.I. "Bee C'olonv" means one beehive and its contents. including bees. comb. and beekeenine
arioliances in accordance with Food & Aericulture Code section 29006, as amended from
time to time..
Comment [till: is there a strautory de inhmn for
.plop•^
Comment jm2l: define apiculture^.
F11
87K. "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.
FIKLL. "Cat" means a domestic cat (Felis catus). Cats are the personal properly of their owner.
LMI. 'Impound" means to take into custody by the animal control officer as authorized by this
title.
WN. "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 kept for commercial purposes.
NKO. "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.
BLP. "Feral cat' means any free roaming domestic{ cat
-4Commeat(m31:osnno.o?
>ra4eatar-il}—ac-rept—Manan--haedl+aewithout owner identilication of an), kind af-mv kind
whose usual and consistent usual -raid
eansistem4emnerament iris extreme fear and resistance to contact with nconle and that based on
the reasonable determination of an animal control officerthat— is not socialized in
accordance with Food., L, Aaricullure Code section 317525. subdivision (b). as amended
from time to tlntejka}athH+3a586iali Zrd-40-neenleccomment(m4];
slannou definition°
M2Q. "Dog" means domestic dog (Canine familiaris) of any age and either sea.
N9RR: "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.
ROS. "Owner" means any person over eighteen years of age owning, keeping, harboring or
having custody ol, 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.
I11_4T. 'Terson' means and includes any individual, firm, partnership, corporation, or association
of persons.
RQU. '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.
RSV. 'Possessor" means any person other than the owner of an animal who has lawful custody
or possession of the animal.
TW."Pothellied nit," means anv of a breed of small nies (so scolu bittalus) known as
Vietnamese. Chinese or Asian notbellied nies. not to exceed 250lnound-.
Comment Ems]: Usue orpnps meedingthis
J 1
— — — — — — —
misht And also smtotory definition?
5
SW\. "Premises" means and includes any dwelling. building. real property, vehicle. vessel or
part thereof.
VY. "Proof of ownership' means documentation demonstratine that it nersun coins an animal
and includes-faeludine. but is not limited to. a license. veterinary record. valid bill of sale.
or adoption contract.
TAW. "Served by mail" refers to service by registered, certified andlor first-class letter. The
date the letter is posted in the mail shall constitute the date the letter was served by mail.
4XAA. "Veterinarian" means a person licensed to practice veterinary medicine by the
state of California.
-V-YBB. "Veterinary hospital" means a premises operated by a veterinarian I'or the
treatment of diseases and injuries to animals.
NV-ZCC. "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 ata motorist to render aid to an injured animal.,
-{ Formatted: Font: Bold
Any nersun n1to. while oneraline a motor vehicle. who -knowingly iniures an animal must do all of the
followina. Failure to render aid as follows shall be it violation of this chanter.a
A. Immediately still, the oehicle tit the scene of the accident or as close thereto as sareb, nossihle:
and
B. Immediately report the accident to Petaluma Aninml Services or the Petaluma Police Denarlmenl.
and provide infommtion la the extent known regarding the tine of animal injured. the extent of iniuries
sustained by the animal. and the location of the hmintill _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _I comment[m6l: appears to be no penalty
I prorisian
C-4lA4'-Tait-9.M
ANIMAL
r rrn_r[�v r�wri n..o :,-Tv vrrcS[114'
9.08.030 Beehives and swarms prohibited.
R-is-ualavrf 444 F idly PeFsmi to keep-or-maintainn-..,thin �,•^ hetz-.rl-rimits•.'•.any -s:vairn arbees-os-hive
as -defined -in-seetion n n,�_"�-�o_o_�_nnTt.e-keep4n� aF-maintaiFring-H+lltia-sii5-1:mits of r.3 Frx_rm -f
aF-hivenuisaneefhc keening of aheeera bee colonv or mainlainina an aoiary
in the City is ncrmitted onk.eteem in accordance tvithundeF lire following -conditions:
A. No more than two bee colonies are permitted Der household:
B. All hives must be (ranted and moveable:
C. All h{ -fives must be kern a sale distance oFiented-awao from nedestrian waikways and
nedestrian traffic: and
D. All Dersons maintaining an aniary shallmust conmh, with the registration and
indentificution rcouirements of the California Food and Agriculture Code section 29000. et sea.
as those sections are amended from time to Ring_ _ comment [M7]: Preemption? Perhaps instead
require compliance with dl applicable Imrs and
regulations including but not limited to Food unit
9.08.040 Keeping live hogs prohibited. Agrhalmre Codersc0ang9oodetseq.
A. It is unlawful and a nublic 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, except for potbellied
at lgs as provided below-and-eh,,eat-as-etlaeFwise-nFavided-in-See{ien5.109 nil 6.110 .�.T__or-..r,.r,f e
tenhw__-oFdinanses. li=z,-,:-� a !:cL !::- ;!:c ii a°-twenty-feaF-boaFs
eenstitales-a-pa§}ic-rwisaac-e�
13. The keeping of Dotbel lied Dies is ncrmitted oniv in accordance ovith the followings:
O
1. No more than two notbellied nies maw be kent ner household within the Lith _ _ � comment[m8]: Note household is not d6md
2. The total combined number of notbellied nils and does kenl ner household shall noty Formatted: Indent: First line: 0.5", Tab
s 1
exceed four eF-heusehold: I stops: 0.75', Left
3. All notbellied Dies aver four months of aee must be snuved or neutered. unless a
licensed veterinarian recommends in writine aeainst such procedure because it would be
detrimental to the health of the aninud: and
4. All potbellied pies are subiect to the same licensine requirements that armIv to does
pursuant to Chanter 9.16. The license fees for notbellied Dies shall beshall be-4ieensed-bv the
Gil, . with -the -amour' ^rte-4im^- 1 eense4lees-bekw the same as the license lee for does.
9.08.130 Animals at large.
A. It is unlawful for any owner and/or possessor of any animal to sul'ler 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" - -I Formatted: Indent: First line: 0.5', Tab
physically disabled people; stops: 0.75', Left
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 ofT 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, "al 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 lour 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 the 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. ReeidivismNlandatory soav/neutering and microchionimt of all does at large. A-ity
uwlteFiliZ I JZ- Z7_' ,...::.tar's^ of age :�,�-i'.t.•kh i ,.,pel+nded-aseeendtitne-ferbeing-"at large"
'elati n oft t a, .s c n no t on a
e-regtri_^-' ^�,�is-��estio ;�-mm,�haN-be3p��tered-aF-the-nx-nzr's
ex-pe nsp ...--feeFkeen--de,:: sf:_d=-r:ien. •"rr,��.-n-vepilkatien-From-the-veieFinaria i
performing, the-suw__eg-skell-ke-pratided-by-the-awaeF te-thraaimal--setviees-tnanager-within
sever. dayf;- ar-,^r-v.Gscenl as nrovided in subseetions-I 1 ) through (31 below. all does over six
months of a,e citedeited for beingr-umi-'"at lame" in violation of this section 9.08.130 shall be
snaved or neutered and microchinned at the owner's exrense. Written verification from the
veterinarian ocrformine the sur,ery and microschinnine shaRmusl be nrovidcd by the owner to
Animal Services within seven days of the nrocedure.
1. Dogs that hit\'e been trained in accordance with all aonlicable laws and revulatlons' —
Formatted: Indent: First line: 0.5", Tab
and that are actually being used lit ac'cord'ance l\'ith annlicable lawAetermmedas-havino--been
stops: 0.75", Left J
8nnrfl5F13k*i'r-ti3ined and-aet alk,, being H ed= (a) liv nubile [It", enforcement agencies for lacy
enforcement activities: IN by anv ncrson is assistance does such as service dons. nuidc dogs.
signal does or social dots: (e) by search and rescue agencies for search and rescue activities: or
Ida b\ anv ncrson for herding of other animals, as livestock guardian does or hunting does.
2. Does- certified by a licensed veterinarian as having a health reason for not beim,
soaved or neutered.
3. Does boarded ina licensed kennel or a business that boards such animals For
nrolessional trainln, or Vesalci,
Is this intended to enciude dop
_�Icomment[m9j:
— — — — — — — — — —' I
I flat escape soon loonds? J
9.08.180 Dog barking and other animal noise.
eomment[miol: Also, note the lnel, ofnn nae i
exceptim, on floe neutering requirement
A. No person shall beep 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 len
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 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- - Formatted: Indent: First line: 0.5", Tab
permanently retained pursuant to adopted procedures. The report shall be signed under penalty stops: 0.75", Left
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 a bark/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:
M.
I. At least two individuals. from separate residences, sign a declaration under penalty of - Fannatted: Indent: First line: 0.5', Tab
perjury witnessing to facts indicating a violation of this section; or stops: 0.75",Left
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.
�hbatzeueat-er�e�
-1. Wh`weveHhe-anirnalfontpel-officer has -reasonable -eause-te-be4ieve-a-tiolaNen-e{=this
szstion-has-aefurred-N;z-anirnal-sank-o#-efNeer-sha}I-draA-an-abatemza�-eeder�he
abatement-eFder--shah-sum maFhte-the-rzsuk5-04:44e4R =s: ga:imi end-list-Feasonable
Conditions -f'oF-abate memt-a he-publie-maisanc,.: •The-al3atemznt�FdeF�hall-be-t+'aFkam
and-5ball-bz-pFotided-to-theow ler-andFeF-pes5es5aF-parsaanHo-Sootier ^.� 32.^''"
2. oft
meEiee-shall-skate-that-if-alae-owner-andloF-possessor-f^•�� ��mply-ritith-tke-er+ieF-or
file -a-timely-appeaEkn-impoamdmen6
3.Tf:::;'..:_:::ad{or-pessessaF-of--EHt-aa:: aquesk-a-treating -bef3fe-Nie-affirms{
he^�.�,.rr��pzal-khz-a§akement-aFdee ii�itkim-tza�a}s-el=Niz-da .:�.�^^: ee-ef
Nie-eriler-pursuanto-tHiS-sestiom-A timely -appeal shall stay-alio-abatement-nFdeF-until
Nieamiaial-heaFimgaTfceFrales+vfieNizF-ts3astaim-me&i�,r-eaerrule-I e-oFdeF:
n it is o,iawfit! feF-the-ew eF�ith tie
abatement -order rile ,z,,=appeal4s-tiled-and-pending-in-aeeordiuIee •,-rtl, ^ ,
seetien.
• 1 ., r..,r-i R.. oto-the-ov�aeFand.1o"ossessor-ef-the-animal-eamnat-be-aseeFEaimed
and--leested-and-the-animal-eam{rel--o ffser-reasonably-bef eves-tbat-Niz-animal
eommittirw-Nie-pulilis-nmisanee-lies-been-left-natdeoFs-'kit{taut-prayer-smpervision-f'oF
tWeHaj-fAar-OF-mBFe-iienFS-tlle?n}mal-Eo,^, rolcrvl Offic-c�Y'^'F-may'-km}pemnd--Nle-aA}mal-t}
Contiaaatien of the -muisanee-poses-an-Ion m ediate4fIfeaHo-the-health-pad- safety' of -the
animal-eF-the-pub{ ic�afekrlmpoumdmea t-shat}-be-im-aseordamsz-r+ith-tFl�preeedmres
#aF-'tmmeclisle-'tmpoandmenk-spee+€led-im�ecNsn
9.29.070.
1. Pleb._. Th- hearing -aTfieer-sh;" o:i: the IF.- animal-that-a-heaFiill
held-at-whieh-time-glie-an'•,,.,al -central -eTAezF-and-thz-amimat-ovvmer may present
"emeL s-ko-whetllerihz-abatemzmt-eFdeFs41all-liz-sustaitled-medFfied�F-ev'eFFaled,
Thenetise-eT-the-appeal-hearmg-s4lall-be-semi-puFsuanHoSection" 32 r- 020. T''" •, l.e
hearing -shall -be -held iemptl.. ,.,�-�..lhin ole s than iea-wap�a- as , nd-mo-more than
tENri3-weF'�lmg-days-aAarseFvieeof! he-metiee-em-Nie-oivmer okhe;mimal:
2. Cronduet cl'I:__-:-_.:'.'h: Itearing oil ieershall -eendasttlie-keaFim6in-aa- informal -manner
Ifid •'hal-1-af� . rr^rd-the-evi neF of! kz-amimalaa-epportani}}-to-presemt-�4deneeas4e-why
the FdeF4ieald-be-modified-or^•.^-�—..., TeFm toles of ey�.'.lencz-shal� h -..not
apply:-heweveF-wheazveF-pos5i� pla'tmT Beek ed-€rem-a-memibet: of --the
puMe-whielia-seFvess-Nie, evidePA4ufy-basis-faF4he-an:•^..aaI eoa.^ rot-oTl F -to Find
dee}ar:::: 3f r=z f._ 3f to produce
reeeras or -wit ••asses; e?ielcd: thz hearing-neHZStifyin��evelade
M
disordzr-}y-eFdisw{+rite-perssas-trram-Naz-ktea and-make-etkzr Z:_'.: =Z=ff'-to
ensure -Fhe- fair -and-orderly confluet of=2!:_ 1:a:::-=. Tla:: !: aring-sha"e-epea 4e -the
publie,
3. oeoFding. ''-e-prsc.^a - ^at tic -hearing may -be -tape -Facer ad-il' ordered by d;a
heaping -of#feer-er-req ested-hy--the-aw er-sf-th^�-�,,,,a,�-, n ;,enewap`.,,s-""perE-shall
also -reesrd-the-pro^^^''� :r^rdeFed-h}-th e-heatineelTieer-eF requested by t aawneF
with the -costs -thereafte-be-kerne-h}-4he-persrn-;;al�'�,,,g the eFderar-request. A-sepy-of
the--tape-rzeer .-.- a. vazzz::r: af-the-pre^^^''��^ ^,.al{-kz-as deavallabla to any
persea-upon-request-and-upon-pa}mentsf-4he-cssbafpreparati on -thereof:
n Failure ppeaf. The-hearingeffieer-may�esidz-all-is::ues-€er-oranain:
thean',n,II;-R^. ^r+fthe-owner- fails -Eo-appearat the -hhearing-
S. Determination Aller the '.e^: ng tie -h.^: ng Afar-mE*-ind, open-a-prepsnderanee-ef
fhz-eridzFlce-Neat-a-puklie-nuisanee-ander-Nris�eztien-zsists ke-hearing-afticar -frim
y
order-khe-abatzment-ef-Ehe-nuisan"iby phsld+ng-er-medi ling-theabatement-order:
The: abatement-erde- s!:1!! sap.:sa:f= order -issued -by -an animal
esnirol-e€Hzer. Withindays -of fl e-hearitw__-fHe-d t^a�;�nat�oerand-abafemenEerder
shall -be -served -upon -Nie nzr-by-przpaid--4irstflass-,;,ai;-rzterar-receipt-regazsted,
Tke-detenniaatisn-and-abatement-order-all-Eke-hearir g ^t�P.-- ica,^' shall -be' -.,rod and
csneluski e-
0. V 04a40115-tF-tke-swFla7 =,c- roe:;2ss'-7��a-Rmzl}-appeale, abate -the
public -nuis^-^^ �ithin five days -ef-tkc date o,-�.v^.^: mol -a' a abatement -oder-er-decision-br
:
the-he^^8,,,.-o,,rt-^,r-ragardingan-appeal-the-aniff al-eantral-officer-may-
4—. Cite-the--....-and.'or-possessor-ef-0 eanimal-fsr-a vielaCion ^lib's ^eetisn-Eaek-day}
thata-tiolaNan-e eeurs-is a-separate-ef}'ense,.
2--Refer-oke+iolaNen-is-the-sit} rroey-er-d+str4etauornev-for-presesutien-o€a-tiefa4ien
and{orakatzmentsf t e-public-nuisaaee:
3--Impound-the animas The -ewtterandter-possessor-may-redeeman-impounded-ardmal-as
speeifted-in-Ghapter-9.29 provided -that -the ow
and -As -able to comply- ith-Nteztbatement--order-and-bas-paid�N-impound-fees-er
ehareef
I?-H?Eseptisns. Nothing in !his ^eeden-shall-be- const naad-to plsb-te-aoise4eveis-emanating Pram
a4egally eperafed+zizrinar}-kospt4al-kumane�esiet}-oraatimaleentrel-skzherar-farat..
Q-,The-romedies-af -!.!I--not- limit -the-elty oF-any-person from seeking -any -other ---- - -
Icc^,.,
--a,-re,^, c4ud+ne-bUI-Ret -4intited-ts-an-aetisn-fa vii -ate -e ublic Icamment[mlil:
nuisance,
04:11-'FER-9.41
R�NEMMaatsna¢a
9.14.110 {-'ernrit--f eral-eat-eolonyFerai cal colon, reeistratian: trap. neuter, return.
monitor (TNRA4f mroeram.
frimxr sYFmDmti&-DF-tlieadepnBfl-dais-ndpi^z,- nilm,-v-�,--m-.cml-cats-tn
Wendel ad corn ,^eruial-areas within the limits ^rz-re d - ia^•^ter—.�.t„" ^ ^.,al
tity-.**..*ts-a quirt 5.
sertice^ n,--�^-.tafeer-meansany -person-orargauizatiDn-karke':-= Of "^.,,,,Rg :- hi herer-its
possession -an., f.'�- eat that-he/she-er,4t-h s rec l-rly-led-for-a-peried a!' thirty -nays -or
mD; �a^rrta,Rr-is-rzquired-tD�nbmiHcritianaatkerizatien-Even-the-owner-Oft! e -property
0
�keFatats--ar,'t-.ted-a.••••d-cared-ftx. �,•�Faa,"..�-'F-irtet}a4red-ts-PFa�ida-far�c ster+li�atiarl-af-al�
cats -and -kittens-a'•.^a-; a;-vaefiaatiBn-aEaki-Fa..b es, -an ane-Fimc '-.,.tea `n,F Fell Ae-Fl%l
and-leukemiaa-:..thin-aae-tnanth-ot=c-at-enieFin ales} EaFetaker-is-Fec{aired-te-tFans€eF-ta
the Petaluma-aannal-sh.:lter-a•• f„' ears within,.Putt-ot=enter�alanT CaFeta'eF
shafl-p�;Ide eats with regular lar f ,sh A ed�an
atef-d-a^.-ess-.'o-a.. ^Leiter and-will-rnai••�aaill fL•
area in -a a ean-and-sanitar),
B. The felak-^R, :••'aa-f-Permit-an}-fe4+ne-unda%h+sA3eF-eaFe-te-peFntti-sash-araraal-to-
-1. orange-PFaPeFP,- lheF-than -the-wpertyef-awaeF-er-k:eePer; eF
2. C-aasearwasanimrf dangeFtr sof unreasenabl}-etfensive-condition.
G. T-aka#k-be-ne-feedin�el'feral�ea�ts in Ew within one-half -mile -aft
kt.,n,-�n;aa;a�':eNand�
locatedksna the-Petakuraa--RiveF he-arca-eevered-by-this seetion-is-boMered--by the
Pat^'a,amn., T�v^Fan-the -southwest-and Lakeville Highway to the -north -and-east-GFom-the
Petaluma-MaFina-ta; and-inekuditwd-the-Retakama-1-lakdint, k'-ends�{terx-shah-bene-feedine
al feral-cats-insideany eity-PaFlrar-;.,nl,.•ata-��. ock ofan}-e+4y-Pa•--a:i;sFing--F'eeed+nu
sto"F-:r. tk:c bz,,;-.ln'n-.••n°nay-Q'azs-arnl"assage of this
A. Feral cats. and feedine or maintainine feral cats, within the Citv are hereby declared to be
a -public nuisances. Feedine or maintainine feral cats is a violation ol'this chanter. exceol for
feedine or maintainine by an Authorized Feral Cat Care Oreanizalion in accordance with this
chanter includine the followine. All Authorized Feral Cal Care Oreanizations must:—Feed+na
of-ferakeaa�alatia^ ^ffbi- -'-anter-unless- tile -aeFsent;a-d o establish-to-the"-�,tv!fl'
he-oF, he -has>
1. ReaisterRe`'istered with Animal Services and provide Drool' pt their—slalll5 as a- — Formatted: Indent: first line: 0.5", Tab
501(6 3) or comnarable nonnrolit oreanizalion: stops: 0.75", left
2. Submitted a written nlan to Animal Services idenlil'vine the oreanization's name•
nroiect leaders. obiectives. and imnlementalion nlans.
3. Established and maintain minimum -liability insurance as snecilied by the Cinof
Petaluma Risk Nianaeement office namine the eCity of Petaluma and the Petaluma Communitv
Develonntent Commission and their officials. officers. emnlo;ees. aaenls. and volunteers as an
additional insureds:
a. ,^c-'.-,ted--a'^ e stablish a colonv trackine system and provide ouarlerk, renorts to
Petaluma Animal Sen1ces. Ouarlerly renorls shall include colony location. statistics on the
number of current members. new colonv members. the number of cats sterilized, the number of
cats removed for adoption, and public education efforts:
5. Provided for and nrovide Animal Services documentation yerifvine the sterilization
of all cats and kittens over four months ol' aee by a licensed veterinarian:7 obtained-three-vem,
vaccination aeainst rabies:, and obtaineda-one-time lestina for Feline FIV and leukemia within
one month of anv cal enterine the colony. All sterilized cats shall be marked by cro_n_nina the
nointed end ol'the car fear tinninel:
6. Established a standardized feedine station and a feedine nrom-am annroved b_;
Animal Services:
7.mofee•'�-tea -Remove kittens from the colonv that can be socialized and adonled ands
welly+evaluatcirw new colonv members for socialization and nossible adontion:
S. Provided a chanter annroval to Petaluma Animal Services deseribhlr the
oreanizalion's Dian forts conductine public education on the feral cat iNRNI nroeram:
1l
9. Submit to Petaluma Animal Services written authorization From the owner of the
oronerb, where the cats are fed and maintained.
910. AEFeed to 'Immediately orocide all colour records to a Petaluma Animal Control
Officer for inspection in response to a complaint or alleeed violation of law.
11. Submit tyritten proof of authorization to maintain a feral cat colony from the owner of
the oronerty where lite feral cut colony is maintained.
B. This section is not intended to nrevent a oriwate narry from asserting ari fecal Hehts h�F
she 'a, -ha to enjoin or seek damages aeains! a neFsen-resulting from the feeding of feral cats
that adversely aftects such nerson's eriNate-nrone-ty interests.
C. T4is=1'he City mac abate a nublic nuisance created by feral cats by seizing the feral cats
on nublic monerty by ammeans of abatement in accordance with or: if on-4)Fivale- renerty. by
arw-Weans-ef-a{s:lteFaeflEnFeticled-4ivF-in_fitle 9 of this Code or nnv other law—ineleditw_-sei�to
ef4e-feral-eats.
D. Noovithsmndine anvihing in this section to the contrarc. Ffeedine feral cats shah -Reis
nrohibiled and a nublic nuisanccunder-the-feNewing e'treumstanees:
1. In or within the Petaluma Wetlands. located alone the Petaluma River. For nurnoses- — Formatted: Indent: First line: 0.5", Tab
of this section. Tthe Petaluma Wetlands +care bordered by the Petaluma River on the southwest. stops: 0.75", left
and Lakeville Highway to the north and cast. and- Tithe length of the Petaluma Wetlands is from
the Petaluma Marina to and including lite Petaluma holding nonds.
2. eats -ilnside ami City nark.
3. Aw, neiiea—Feeding feral cats.- or otherwise curiae for a feral cat colour must
havewithout written nermission from the owner of the land where the cats are maintained or
fed IandewneF-te-do-so.
9.14.120 Required records for commercial kennels, catteries, feral cat colonies.
Every commercial kennel, cattery or feral cat colony 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 cattery. The name, current address, and telephone number of the feral cat colony
caretaker.
B. The date each animal entered the kennel, cattery or colony.
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,
cattery or colony.
F. A valid spay/neuter certificate for each cat over age four months and nroof of testing for
Feline 171V and leukemia for each cat in anv feral cat due colony.
G. Proof' of liability insurance for each Authorized Feral Cat Care Oreanizationferal— is
eolerrt.
1-1. Conics of all ouarterIv renorts for each feral cat colony submitted to the Citv pursuant to
section 9.14.110(A)(4).
1. Conies of the organization's plan to conduct nublic education on the feral cat TNIM
submitted to the Citv nursuunl to section 9.14.1101A)(8).
12
CH Ic.._ r
P�_�rn 9.20
IMINI I56MO lYM MM
i*4411sFS-Neke=€sF-StataFetj$FUvlsiafis+L--flfAsp-ia�ies-EBfi}EsF�See-I-Featlh-c�$.T(2C Lde�4_Ix--.-z,�"_F— —I Formatted: Not Highlight
st¢-unpeuading, efqee-: o^ed-aad A _.:. ,. _a
9.24.030 Investigation of dangerous and potentially dangerous animals.
A. An animal control officer shall investigate any reported incident regarding a dangerous or
potentially dangerous animal.
1. During that investigation, the animal control officer shall compose a report to be- — Formatted: Indent: First line: 0.5", Tab
permanently retained pursuant to adopted procedures. The report shall be signed under penalty ships: 0.75", tett
of perjury by the animal control officer. The animal control officer shall make best efforts to
take a photograph of the animal to include with the report.
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.
B. If after conducting an investigation, the animal control officer determines that probable
cause exists that the animal is dangerous or potentially dangerous, the animal control officer may
impose reasonable conditions to protect the public health, safety and welfare upon the animal
owner pending an administrative hearing. These conditions shall be in the form of a provisional
abatement order and may include any reasonable conditions, including those contained in
Section 9.24.050. The animal control officer shall provide notice of the provisional abatement
order pursuant to Section 9.24.060. The provisional abatement order shall remain in effect
unless superseded or overruled by another administrative or judicial decision. A failure to
comply with the provisional abatement order shall be a misdemeanor.
C. If after conducting an investigation, the animal control officer determines that probable
cause exists that the dog is dangerous or potentially dangerous, the animal control officer shall
petition the hearing officer for an administrative hearing to determine whether an animal is
dangerous or potentially dangerous. The administrative hearing shall follow the procedures of
Section 9.24.040.
D. Pursuant to this title, the animal control officer shall also immediately impound any
animal found to be dangerous and posing an imminent threat to the public health, safety and
welfare.
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 probable 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 hearing-officeeCih 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
l'5
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 woFking-days and no more than thirty working
days after service of the notice on the owner of the animal.
C. Conduct of Hearing. The hearing officer shall conduct the hearins as set forth in section
9.32.0501H1121 throueh 9.32.0501H1f41. -in an aad-shal?-at1 M-shallowner of
the animal shall be nrovided an opportunity to^present evidence as to why the animal should not
be declared dangerous or potentially dangerous. The -feFinaF-ru?c�Ton''^�.'eenec ck-" r:3: cf.,-,;;
however, Wbenever-ppessibla. any etanp,ai,�,,,r�d-From-a-ntem"e,-s,4i1.e-peh':= ":!::_'.: se7: e=
the-affidariFs-or-deelamtion5-of�,vitnesses; Fimft-the-seape-of-diseovea-shorten-the-time-to
produee-reeords-or-wituesses;-e�aFude-rviinesses-Item-the-hearingiaherr-net-testifyi;rg-e-salude
disorder4yar-disrupt+v"ersens r am the hearing; arid -make -etheFerderstrexssur-r-to ensure -the
fir-2nd-erd nduut a�kl:: shall -be -open to-tke-puhhF
D. Reearding4Fhe-proceeding,,.-teat t e -heaths imp,-be-tape-Feeeir ed-i-f-ordeFed- ", e-hearirrg
officer -er-requeed-by i?;e-eweeF-al=-the^^-�,,.ma,—� ^, stenogfihic-rrpert-sra^oma.,-aF,�^
pFeeeedings-i-f owner, wit.,-'- t e-cesFsthereaf-1e
be-berne-by IM"eFson-m-a ing he -order -or request -4 - py-eF-the-tape-recording er-transcript-of
th"Feeeedings- shall -be-rrrade-avaPable-te-aH"erson-upon-reVest-and-upon-payment of-the-eest
of pFepaFatio n -thereat:
E. Failure -te-Appeaa�T-he-hea 'Frog-eflicer-maydeNde-all-issues-far-aFagainsttlta-owner of -the
animal -even -it'll eawneF-faits-to-appeaFaHhrheaFing:
FD. 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- - -I Formatted: Indent: First line: 0.5", Tab
being or other domestic animal; I smps: 0.75", left
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
off icer, to protect the public safety in the future if the animal is permitted to remain in the city.
GI . Determination of Dangerous or Potentially Dangerous Animal and_ Abatement
Order. After 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
M
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.
44F. 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- — —I Formatted: Indent: First line: 0.5', Tab
health, safety and wel fare exists where: I stops: 0.75", Lee
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
anon -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 to 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.
3. Within ten days of the hearing, notice of the order of humane euthanization shall be
served upon the owner pursuant to Section 9.24.060.
4. Any order made by the hearing officer to humanely euthanize an animal shall be
final.
9.24.050 Abatement order and conditions.
A. Pursuant to Section 9.24.040, the owner of an animal determined to be dangerous or
potentially dangerous by the hearing officer: shall be required to comply with the abatement
order of Lite hearing officer which contains any or all of the following conditions:
1. Registration. To immediately register the animal that is found to be dangerous with- —
the animal control officer to comply with the animal control officer's requirements for dangerous
animal (including, but not limited to, requiring the animal to wear a visible, dangerous animal
tag), and to keep such animal properly vaccinated at all times. The fee to keep or maintain one
dangerous animal shall be fifty dollars for a twelve-month term, and the fee for each additional
dangerous animal shall be twenty-five dollars. The fee shall be paid for each twelve-month term.
Formatted: Indent: Fust line: 0.5", Tab
stops: 0.75", Left
Formatted: Indent: First line: 0.5", Tab
stops: 0.75', Left
15
Should the animal die in any twelve-month term, the owner shall notif}, the animal control
officer of the death within five working days of the death;
2. Confinement. To keep lite animal securely confined on its premises in a locked
enclosure approved by the hearing officer or the animal control officer from which the animal
cannot escape and into which children cannot trespass. Such a kennel or structure must have
secure sides and a secure top attached to the sides. All structures used to confine a dangerous
animal must be locked with a key or combination lock when such animals are within the
structure. Such structure must have a secure bottom or floor attached to the sides of the pen or
the sides of the pen must be embedded in the ground no less than two feet. All structures erected
to house a dangerous animal must comply with all zoning and building regulations of the city.
All such structures must be adequately lighted, ventilated, and kept in a clean and sanitary
condition:
3. Confinement while on leash. To keep the animal securely muzzled, restrained by a
substantial leash of appropriate length. kub4nrarry event -not to exceed six feet. and under the
control of a responsible person eighteen years of age or older who is physically capable of
restraining the animal when the animal is not contained in a locked, secure enclosure;
d. Spay or neuter the animal. To have the animal spayed or neutered by a licensed
veterinarian at the owner's exnense and to present proof thereof to the animal control officer;
5. Insurance. respen3ibilit-- F-injuries-te-th"Ume
Ir}—obFa4niag-aad-skax-'tn-praeft-of liability insurance in-khe-fawn-and-ameafit-deemed-to be
aeeepteble-by-tbe-hearing-et7ieer-er-eit}atterae;' :.151"1 2rati the S,fea. stances. S ins Fence
polie) shall -pFoAde-4a trio eanc-eRation -af-the- Olit�,.�.,will.'� be -made.^' -.,less ten days yifitiepinfnie
is-fx3t-gi+en-te-ardmaF-sewiee'rand-Nle-cit}=-clerk-s-afFieefhe owner of am an found to be
danaer0g5 nursuanl to this title shall nresent to Animal Services proof that the owner has
nrocured liabililw insurance in the amount of at least one hundred thousand dollars 1x100.0001
coNerina anv dantaae or iniury that maw he caused by the daneerous animal. Such liability
insurance shall not be cancelled.- unless the owner ceases to own the animal. Covemee shall be
evidenced by an endorsement from the insurer. Tile animal owner shall nrovide the city at least
thirtw davti advance notice of cancellation of anv insurance nolicv required by this section. The
insurance reouirements set ibrth herein nmv lie extended to the owner of a oolentially daneerous
animal based on the circumstances and recommendation of the Animal Control Officer:
6.—Bond. The posting of a bond or other proof of ability to pay, a damage award in the
amount of fifty thousand dollars;
7. Notification. To immediately inform any city, county, postmaster or utility company
meter readers and anyone else that lawfully comes onto the property, of the animal's
dangerousness and to inform animal control and/or the chief of police if the animal is moved to
another location inside or outside the city limits as provided by this chapter;
8. Signs. To display in a prominent place on the premises a sign easily readable by the
public using the words "Beware of Dog" or "Beware of Animal" in letters at least three inches
high;
9. Numbers-and-tatteaM1ficrochin and sterilization requirements. e -ha z. -a- stratiea
nambeF-assi�tted-ta-saskaaimal-tatieac''by a licensed-weker-tnariatran-tbe-anLAaal3-inneFthigh -ee
inserted by -ate^ 1 c nsed— eter+narian—under—the animal's kill by means—of- an—electronic
identiffieation-def-ice=T-he-manner-and-raethed-ef-idenNlicaNerHo-be-ttsed-heretmdeF shall -be
detenniaed-b}-fora-ke : ^a vr...r: l=eHhe-pm'-pa:xafthisaeetiom-"ImIoc" shallllbetlef+ned-as-any
peFinaneflt-nun3beHr>C-efrv� ,::,�,\,f:,l b� a::.-.deliblz-oryrerFnanent-ialr'fhe owner of anv
1l0
animal found notentially daneerous or daneerous oursuant to this Chanlerchamer shall, at the
owner's expense. have a microchin assianed by Animal Services implanted into the animal for
identification oumoses. The identifvina information listed on the microchin shall be noted in the
licensine files for that animal. An animal that has been found to be potentially daneerous or
daneerous nursuant to this QaFaerchanter shall be sterilized at the owner's expense by a dale
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;
11. 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 allow 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 reeardine a dangerous or potentially
dangerous erderanimal.
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 netilyorder the animal owner to
show cause whethernbv the animal should not shaFl-be humanely euthanized For a -failure to
comply with the conditions contained in the abatement order of an animal deemed dangerous or
potentially dangerous-erdeF.
2. The hearing officer shall provide written notice pursuant to Section 9.24.060 that lite
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;
Formatted: Indent: First line: as", Tab
stops: 0.75", Left
—I Formatted: Indent: First line: 0.75", Tab
I stops: 1", Left
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 - -I Formatted: Indent: First line: as", Tab
the provisions of subdivisions 1 or 2 of this subsection, the hearing officer may, without further I stops: 0.75", Left
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 within 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. TThe-notiee-eF-sewiee-shall-6e-s.�' . �'--_ ______s �.. �_ �.. ,:-s _I,-- -aiwil a sea ed
The-person-peeviding-such notice oi-seFAi s` -n sign a declaration under-peneky-ef-perjufy that
notice or-seFviee-has-been-made. in-the-eaeet-tkat-the-laeEl.-novrn-address -ol-•"e-amimal GwneF
ama 2control o ffie..,a
ndeF
penalty -of pequFy4hat-best-effo- were riade-tmpravide-natiee-er-serice o-t,'-e-animai-eavneF-Fn
the -ease -of -se viee-by-mai1-Rife.-er-service-is-eempiete-ate-lime-Nie- notice -is-deposited-in-the
United—States-mail-The notice or service shall be served upon the owner and/or nossessor
nersonally or by United Slates mail. first-class noslaee 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 nossessor cannot be ascertained. lite hearing officer or animal
control officer shall sign a declaration under nenaltw of neriury that hest efforts were made to
provide notice or service to the animal owner and/or nossessor In the case of nersonal service.
sen ice shall be deemed complete at the time of such del iverv. In the case of service bw first-
class mail. service shall be deemed complete at the time of denosit 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 anv enforcement nroceedines under this litlehereendeF.
9.24.070 Transfer and training of dangerous animals.
A. Sale or Transfer Within City. No person shall sell, transfer or in any other way dispose
of an animal deemed dangerous under this chapter to any person within the city unless the
recipient person resides permanently in the same household and on the same premises as the
owner of such animal.
B. Sale or Transfer Outside of City. The owner of an animal that has been deemed
dangerous under this chapter may sell, transfer, or otherwise dispose of such animal or the
offspring thereof to persons who do not reside within the city, provided the owner first notifies
the hearing officer and the animal control officer of the proposed sale or transfer. Such notice
shall be given not less than fifteen days in advance of the sale or transfer and shall specify the
name and address of the recipient person. Upon receipt of such notice, the hearing officer or the
animal control officer may notify the governmental jurisdiction in which the recipient person is
located or resides. Failure to comply with these notification provisions shall be grounds for
immediate impoundment of the animal by the animal control officer.
C. Sale or Transfer into City. It shall be unlawful for a person to possess, own or control
any animal for the purpose of either temporary or permanent care in the city limits that has been
deemed by another governmental jurisdiction to be potentially dangerous. dangerous, vicious, or
a threat to the safety of human beings or domestic animals. Tire animal control officer may order
the person having possession, ownership or control of the animal to remove the animal
immediately from the city. Should such person fail to comply with the animal control officer's
order, the animal control officer may summarily and immediately impound the animal. The
owner of the animal shall be liable for the costs and expenses of impounding and keeping the
animal. Such impounded animals may then be disposed of in accordance with the provisions of
this chapter.
D. Fighting Training and Animal Abuse Prohibited. It shall be unlawful to use, train, keep,
harbor, own, or in any way possess or transport through the city an animal for the purpose of
00.
animal fight exhibitions. Scars and wounds are refutable evidence of participation in animal
fight exhibitions or training. "Fight training" is defined to include but not limited to:
1. The use or possession of treadmills for fight training:- Formattetl: Indent: First line: 0.5, Tab
2. Actions designed to torment, badger or bait any animal for purpose of encouraging stops: 0.75', Left
said animal for fight exhibitions;
3. The use of weights on the animal for fight training:
4. The use of other animals for blood sport training;
5. Any other activity, the primary purpose of which is the training of animals for
aggressive or vicious behavior or animal fight exhibitions. It shall further be unlawful for
anyone to knowingly abuse any animal within the city limits.
Formatted: Indent: Left: 0", First line: 0",
9.24.030 Ownershin of daneerous animals. space Before: Auto
The owner of an animal determined to be dangerous turd ordered hunwneh euthanized- - Formatted: Indent: Left: 0", First line: 0"
pursuant to this chanter shall be prohibited from owning, nossessing. controlling or having
cuslodv of anv other animal of the same tune t_ -..l:ia`.'l:c -: i;:atien-a»nfes-for a neriud of three
vears from the date of the determination ofviolatien when it is found a€teF the hearing conducted
pursuant to this chanter that ownershin or nossession of such animal by that _notion would create
a sienificant threat to public health. saltily or welfare.
9.24.0890 Enforcement and penalties.
A.Viel,rus-and-Renakie: ITtiless-okhzatisz-speeifted;-ary-��ic�latia;,�r,-,,. ,�-ltapter-sha4l-be-a
misdeaas anap;
B. Ownership -of Pangereus-Animals=t=he-owneF-cif-an-animal-deteFmined-to-be-dangeraus-ef
oFdeFed-huniaaei}-eakkani�ed-puFsuaru to this ,.hapteF-shah-he-pF hibiked-faint
possessing-eentrelling-or-havingfustad3--ef wr-nOieF-animmal--of-th,' tc
vaolatien-applies-for-a-peFiod-ofthFi-e-years-from-khe-dmt f� oktierw+hen-itis-found-areF
the-heaFiag-eondueked-foFsuank-ko-this-ehapkethat -ownership-oF-possession-ofsuehanimal
hykhak-pzFsen�ceuld-eFeakett '-sign'kPeant-thFeat3e-pehliE-hz^'�"_ �^^'.. ^�:,�.. ,'� Fr
A. Enforcement ba Criminal Prosecution. An\ violation of this Chaoterchamer maybe- � �I Formattetl: Fant: wefault) Times New Roman
prosecuted as a criminal offense as set forth in section 9.32.030 Formatted: Indent: Left: 0", First line: 0.25'
O-) nforeemen!. Any,.: a-::; -r of this chapter -ma}-be-enfeFezd-by the -police -department, f+Fe
depefanxnt-4h. anima,^, --ontFel-ef€ieeF-gran,-autherizzd-designee-af-thrmanager ^ria-^^'
services. Complaints -a!' to
ibis-section-may--bz-przsenaed-au-the-diskFieEaOerrtey-�-afFse-or-io-thz-eit�attor-ncy--for
pFaszautiorr.
of Abatement.' z-casks-of-abakmc a-puhlie-noisome-r-pursua.,;--a.-tie
pratisiens-ol-this-chapter-may4�red- mrHhe- owner -efkHe-anirnal-eaasing14L-publ+e
nuisance-pursamm; to-C-hapt.-' 'n r>of flys-this code. in proceeding. of
spe" •eeedn t initiated-6Vie -eat3-under- this
-chapter: the-prrvail+na-paF�eveF
Fneys-le --- f=es--63`- e --fl -$ limit.
aHo es--l�eez'::;;; of ::"r :_, .. � ar.td-kn-kkese
individual-aetions-o"Fiu z di^
..a, -,-;.r-.,.^ ..high -Nae city -elects-atthe -initiation-of-4hat-indi"idual
action-oF-proeeedi^� see',r�fia:y of '�..i.-aHaFneys=-}tic The award Of ^46fi s
€ e%4o4'he-prevailing--para}-shah-ifl no-eheumstanees- , e"he-amount of reasonable
akmmer;=foe, c red byt;;e-c: mac-tion-aF-pFoeeeding:
B. Enforcement by civil court action. The provisions of this C-hauterchanler mac be
enforced by a civil court action as-desefibed-in accordance with section 9.321),16 In addition to -� Commentlm127: Pmemplion^
M
am• other remedies provided herein. any violation of this Guarierchanler involvine an animal
deemed to be notentially dangerous or dangerous shall be subiecl to a civil fine not to exceed
S I A00.
€C. Penalties and Remedies Cumulative. The penalties and remedies specified herein
shall not be exclusive but shall be cumulative with all other remedies at late 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.
�,Innnv h� �cvr
9.28.080 Cost of care benddenosit.
The owner of an animal that has been impounded Dendina the outcome of any enforcement
action taken by the Citv feF-M rsuant to a 4alatiea f -this 4444etitle may nrevent disposition of
the animal by Petaluma Animal Services by posting a benddcoosit in an amount set either by the
Hearing Off icer or a court orconmetent iurisdiction where lite enforcement action is emzenik�,
mending that is sufficient to provide for the animal's minimum care for at least thirlh days.
including the dui the animal was taken into custody. Such benddenosit shall be filed with the
City of Petaluma Department of Finance within seven calendar days of the date of f nnound. If
athe deoosilhend is not nosted. the animal shall be deemed abandoned. and the Animal Services
Manaeer shall determine the final disnosition orthe animal in accordance with this
titlefeasenable-oraeNees-fermi}te-hastane-treatmea6e#aaieaak. Al--the-ead-of if etime r-�,,,,<-�.,.,e�...�:^!
eNnan'•�:eyed-bv if e-bandand-the ease- has -nmi vet-been-resel,,edOnce the dettosit is
exhausted. if the owner of the animal desires to nrevent disposition of the animal by Animal
Services. the owner shaldmust oust a net benddeoosit within seven calendar days following the
exhaustion of the denositnrier-bend".�- xni ^tion. 11'a net-benddeposit is not ousted. the animal
shall be deemed abandoned and final disposition shall be determined by the Animal Services
Manaeer. Nothing in this section shall orohibit the immediate euthanasia of lite animal if. in the
opinion ora licensed veterinarian. the animal is experiencing intractable extreme Dain or
suffering. The owner shall be lioble for all costs of providing care or disnosal of the animal. Formatted: Fant: Not Bold
9.28.0890 Holding period for animal.
A. Unlicensed dogs shall be maintained a minimum of four business days including the day
of impoundment.
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 after the impoundment, if no
person has appeared to claim such animal, the animal control officer shall notify 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
o f impoundment.
9.28.09100 Disposition of animal.
2D
A. After the holding period specified in Section 9.28.080 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 after a determination is made by the animal hearing officer.
9.28.1010 Summary euthanization of the animal.
Animal services may cause an impounded animal to be destroyed without waiting for the holding
period specified in Section 938.080 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 ofthe animal. if known, prior to the euthanization of the animal.
9.28.14-20 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 9.28.090. Exceptions: If the impounded animal has been the
subject of an abatement order pursuant to Section 9.08.180 or Section 9.24.040, 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 Imes 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 after 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.
9.28.1230 Redemption after release to third party.
Animals adopted from the Petaluma animal shelter after the legal holding period will not be
returned to the original owner.
9.28.1130 Requirements for animal adoption.
Animal services shall require the mandatory spay/neuter of any cat or doe 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.
_ — — Formatted: Font: 12 pt
• r maren URN
21
n z� n�__o,. �, �n n..�Hes-€ar-rielaFiottt
AFr}=-ryzrsen�'+alaEtn`-a-pretisienr
^'"-m-�,,is-�.�••„� . all -be guilty of a misdemeanar, mess -a
speciEls-pfovision-taakes-a ielatian-an-itrFraetierr.
n z� nen rr^{ieettnd-sewic-e-Fery{}i�enteni�
�4hen-Eh{s-ebapter-requires-Eke-prerisiea-ai-rtetise-er-seFtiee; the -notice -or -ser, ei - haH-be
aa-wr-icing-i€a-ri�tt-mav-ke-eseraised-oFan-act-i smote-ke-doneaud-tire-uotiee-er-sert-iei�oFit-is
bra .�eL_ c ntit• '� e idii ..h:_h the-aetie_ Z:.._...__ .-,t:a: t_
speer'^ -s ed --n. !"e-.;eEiee-oF-seFtieebefere-tke-Eime-Ehec",�,t must be
The-peFsmn pFavidiagg-suek-noEiee-er-Yc-: i__ sk=” of peijuFy4hat
notice -er-ser+lee-kaskeea-made-la--Fke-etenHkaF-tke-last-ktto4vn-address-of-the-animal-owner
cannel-be-ascertained-the-kearine-ofEioeFer-ar»mai-eaFnFoi-alezr�a^'�B,i-�.-� ^,�'eelaFaEiorwadeF
penah5' of-peFjaFy-that-best-effar a were -made-Fo-provide-notiee oF-seFAee W the-animal-ai+aeF:-in
theca e-ofservic- by mail, notice-eF-seFriee-is-eompietaaHhe-time-tke-notiez-is-deposited-in-tile
United States mail.
9.3 2.030-I; n €e reemetN:
Ary=previsiens. of this .'.aptefma3-be-eafered-brtke-pe4iee-depaFHnenE-flFz-detSaFktneFtE:
the-animaiautkarived--designee-of-the-manager-at'-enimat services:
Semplaims�^"^fan) viol ations -etttirs-skapEeF-wkisk-arrsabject-to-penalties-un3eH#is�zaf+on-ma+
be-ryFasented-to-tketiisk-ist-attoroe,mss-office or4o4he aiEy-aHeFney-for-pFesesaEierr.
9'�'-an'0-^�.,..^t-Feeover-y-of-abatentettt:
The-casts-of-skating-a--pabiie-naisanerpuesaanE-to-tke-previsions-ef=tFtis-t+Ne-ma�-ke
FeeateFzd-fFam-tite�+neF-a:•:,`.::::: -:s: aa=ing-Che-paktie-no sanee-pursuant In Chapter_: ^4
this -cede.'-; any action, admiaisotagvs faeeeding, ar3p prm-eed•^t i"•'• Ydie-ek7
fepaftY'my-feesrsFattome • c.��rof-attefneys•-fees by
the-pFevailing paFt� limiled -to-t#ese-i &&dud etions-or-preeeea•�,,.-s-,,,-..:^ ..bieh-the-city eleets;
ae- initiation er
�,0;;-tteaeys=
i'ees�ke-awaFd-of=-aaerneys=feesrto t e -prevailing pu45 skall -in-ua-eifeamstanoes eseeed-the
ameamOrFeasenableattoFne}s�fers-inc+rffad-by-tkereit in-Fkeac-tion-of-pfeeeld+n6
9.31.050-Pansities-and-fenredies-et nmlative-.
The-penaWes-and-Femedies-specrifled-keeein-shah-not-be-eseluske-but-shall be-emoulative
with -all -other -remedies -at lacy-emu-equiEy-T-kz-eiH=may-in-its-diserEiorFeleat-to-puFsuearty-nnz
or-mare art! e-penakies-of-FraFat-}at aF-is-equ+t
9.32.010 Violation a public nuisance. enforcement. alternative remedies provided. _
Am violation of this title is unlawful and is herehv declared to be a nuisance. The nrovisions of
this title may be enforced by the notice department. fire denartment- the -animal control officers ,
or anv authorized designee of the manager of animal services. Anv violation of this title may be
nrosecuted or enforced through anv of the enforcement remedies in this title or other annlicabte
lmvnFotided-Herein._ The cib exrressIv reserves the rialu to utilize anv enforcement remedies
A Formatted: Fant: (Default) Times New Roman
-j Formatted: Font: (Default) Times New Roman
Formatted: Font: (Default) Times New Roman
Formatted: Fant: (Default) Times New Roman I
22
a\ ailable under anv aDnlicable state or federal statute or nursuanl to anv other la\vf al no\ver the
cit nlav Possess. All such remedies shall be alternative to or in conjunction wilh_and not �{ Formatted: Font: (Default) Times New Roman f
exclusive of, one another. The election of remedies nrovided by this title or other anPlicable Iaw Formatted: Font: (Default) Times New Roman
shall be at the sole discretion of cit\' officials.
9.32.020 SCP?rate and continuing violations. Formatted: Formatted: Font: (Default) Times New Roman
A seoarate offense shall be deemed committed each day a \iolutiun of this title occurs or
continues: am' Denalt' imnosed for a violation. Pursuant to this chanter mav be imposed on a
"Per dav" hasis.
9.32.030 Violations enforced by criminal Prosecution.
Anv violation of this title may be Prosecuted as a criminal offense. Unless expressly _described_ , -{ Formatted: Font. (Default)Times New Roman I
as an infraction. a violation of anv provision of this title. or failure to colunl\ with anv
mandatory reauirement hereof. shall constitute a misdemeanor. Now ithstandau the nrece'dine Formatted: Font: (Default) Times New Roman �
sentence. a violation of this title may. in the discretion of the nrosecutine altornev or other
enforcing authority. be charged and orosecuted as an infraction.
9.32.040 Violations enforced by civil court action.
A. The provisions of this title may he enforced by a civil court action. Prosecuted by the cit\' —I Formatted: Font: (Default) Times New Roman
attorney in the name of the cit\' or in the name of the Deonle of the state of California.
B. Collection of costs by the city. Whenever the cit' attorney is authorized or directed to -I Formatted: Font: (Default) Times New Roman
commence lir sustain all\' civil action or nroceedinu to enfol'cc any nroyision of this title. lir inn\Formatted: Font: (Default) Times New Roman
violation of a rule. regulation or order Promulgated lir Issued nursuanl to this title. or to enforce
aro, Provision of am contract or agreement. or to enioin or restrain any Violation thereof or to
otherwise abate a nuisance condition Or collect anv sums of Mone\' on behalf of the cit'. the Formatted: Font: (Default) Times New Roman
Prevailing Dart- shall be entitled to collect all costs and esnenses of the sante, including
reasonable attorney's fees in an amount not to exceed the amount of altornev's fees incurred by
the cit', as authorized by Government Code Section 35773.5(6). and any such a\vard of costs and
expenses shall be made a Dart of the iudgnlent.
Formatted: Font: (Default) Times New Roman
9.32.050 Administrative enforcement of violations.Formatted: Font: (Default) limes New Roman
A. Notice of Violation and abatement order. Excem as otherwise Drovided in this title. rFormatted: Fant (Default) "rimes New Roman J
whenever an animal control oltice'r has reasonable cause to believe a Violation of this title has-- --
occurred. the animal control officer mav issue the responsible nartv a Notice of Violation /�Pormatted: Font (Default) Times New Roman
("NOV") and abatement order. Such NOV and abatement older Shall be se'IVe'd oil the OR'ller Formatted: Indent First line: D.5", Tab
stops; 0.75", Left
and/Or pOSSCs50f 7❑ the manner described in Subsection l3 of this S2C1100. Tile animal control// Formatted: Font: (Default)Times New Roman I
officer shall include the fo110\\'ing information in the NOV and abatement order: h / �Formattetl: Font: (Default) Times New Roman
�.
The date and location of the violation. including the address or other description ofP - -- -
the location where the violation occurred or is occurring and a brief deserintion of file conditions /A Formatted: Font: (Default) Times New Roman
Obse'rve'd that constitute a violation: Formatted: Font: (Default) Times, New Roman
FThe name(s) of the cnvner and/or DOSSeSSo r. if lino\\'1l: _ _ _ _ J�/ / Formatted: Font: (Default) Times New Roman J
F The code section[(s) being Violated and a descrintion of the sectiones)_ _ _ _ _ _ Formatted: Font: (Default)Times New Roman
�L Actions remained to correct. abate or mitigate the nuisance condition or code violation,' Formatted: Font: (Default) Times New Roman
and the time within which the Violation must b@ abutedthat-the-3bai meat must be ^^'meted \ -- Formatted: Font: (Default)Times New Roman
•ilhin 9, e days efil {ke-iOON--d Formatted: Font (Default) Times New -
Roman, Not Highlight J
Formatted: Font: (Default) Times New Roman I
25
- A_n_order_nro_hibitine the_contin_uation or rr_nea(ed_occurrence_of_a nuisance condition_ Formatted: Font: (Default) Times New Roman I
or violation of this code described In the NOV and abatement Order: Formatted: Fant: (Default) Times New Roman
6. A statement that the Delson upon m hom the NOV and abatement order Is served inav --t Formatted: Font: (Default) Times New Roman
art DCal the determination that there Wire violation(s) as alleged, that ale person \\'h0 \vas served Formatted: Font: (Default)Times New Roman)
\vlth the NOV Is the O\vner and/Or nossessor Of the animal(s); or that the amount elf' am _rmatted: FontM-
--[F.mes New Roman
administrative line imposed is warranted. The NOV will instruct the person being served as to --
the Droner nrocedure and time frame fbr submitting an aoDeal: - -1 Formatted: Font: (Default) Times New Roman
7. Notice that if the on_ner and/or possessor ffiils to comPly ycilh the order or File g � 'I Formatted: Font: (Default) Times New Roman
timelv anneal. the that
\till be subject to impoundment in accordance \vith Chanter 9.25:_ _ Formatted: Font: (Default) Times New Roma
8. The signature of the citing animal control officer and cite contact information Formatted:
F. -it) New Roman
(address. telephone number) for additional information. — — — — — — — — — — — — — -- `�d_._ont:
Formatted: Fon- (Default) Imes New Roman I
$. Tl1B NOV and abatement order shall be served UDOII the OR'Der and/Or pOssC5501' For Font: (Default)Times New Roman
nersonully or bw United States mail first-class postage nrenaid. and if by such mail. it shall he �� - -
sent to the animal owner at his/her last known mailing address. In the event that the last kno\vn �Yf Formatted: Font: (Default) Times New Roman
address of the animal owner and/or Dossessor cannot be ascertained. the hearing officer or animal 1 Formatted: Font: (Default) Times New Roman I
control officer shall sign a declaration under Denally of Deriun that best efforts were made to
nrovide notice or service to the animal o vner and/or Dossessor. In the case of Dersonal service.
service shall be deemed complete at the time of such delivery. In the case of service hr first-
class mail, service shall be deemed complete at the time of denosit into the United States mail Formatted: Font: (Default)Times New Roman
The failure to receive an NOV and abatement order sent via first-class mall shall not affect the J Formatted: Font: (Default)Times New Roman)
validity of ariv enforcement nroccedlnus under this llllell i der- � /Formatted: Font: (Default) Times New Roman
C. ,Proof of service shall be certified by a \written declaration under penalty Of
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executed by lite person CITecting service declaring the date. time. and manner of service. and the —
date and Dlace Of nosllrl if amilicable. The declaration shall be affixed l0 a co_n_w_of the NOV/ / Formatted: Font: (Default) Tmes New Roman
and abatement Order and retained b, the animal Cont - OfficeL j Formatted: Font: (Default)Times New Roman
I Tlle failure of an NOV to satlsfv all of the rermirernents Of this Drovislon shall Hot affect JL/ formatted: Font: (Default) Times New Roman
the validity of anv Other enforcement nroceedlnes under this title. Formatted: Font: (Default) Times New Roman
C Tile ovvner and/or Dossessor Of the animal MR, request a hearing before the animal /IFormatted: Font: (Default) Times New
hearing H!'Heei' t0 anneal the abtltemenl Order \\'Rhin ten _d'ays Of the date of service _of the order, � Roman, Not Highlight
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Y. It is_unla\wful for tile_mvner and/or nossessor of an animal to fall to comply_\\"Ith tile_ -L Formatted: Font: (Default) Times New Roman
abatema ent order on Iimely anneal is filed and Deeding in accordance \1i fit this section Formatted: Font: (Default) Times New Roman
G. If after inw_esti cation. the owner and/or Dossessor of the animal Cannot he ascertained and _—{Formatted: Font: (Default) Times New Roman
located and the animal control officer reasonahh' believes that the animal committing the nublic Formatted: Font: (Default) Times New Roman
nuisance has been left outdoors without pruner supervision for t\\enty-lour or more hours. the Formatted: Font: (Default) Times New Roman
animal control officer may imDound the animal if continuation of the nuisance poses an Formatted: Font (Default) Times New Roman
immediate threat to the health and safer, of the animal or the public safety. Impoundmenthall s ---
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C. Notice. The he'al'ing officer shall note f\' the owner and/Or nossessor Of the animal that --
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a healing Rill be held. at which time maf77
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nossessor ntav present evidence as to whether the abatement order shall be sustained. modified. %1 ('reps: 0.75", Left
or overruled. The notice Of the anneal hearing shall be sent Mirsuanl t0 Section 9.32.050. v I Formatted: Font (Defeult)T pas New Roma)
subdivision ($). The hearing shall be held nronintb' \\'ithln no less than len d'ays and no all Formatted: Font: (Default)Times New Roman
than lh lrty days alter ser\'Ice Of the notice On elle O\vner Of the animal. v Formatted: Font: (Default) Times New Roman)
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F Conduct or hearing. The hearing officer shall conduct the hearing in an Informal
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manner and shall afford the owner and/or possessor of the animal an onnortunily to nresemh
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evidence as to a'hv the order should be modified of to, muled. The formal rules of e\'Idl'I1CC
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shall not apDly: however. whenever possible any comnlaint received front a member of the
nublic which serves as the evidenliary basis for the animal control officer to find probable cause
shall be sworn to and verified by the comnlainam and attached to the petition filed by the animal
control officer. The hearing officer ma\' admit into evidence all relevant evidence. includine
incident renorls and the aftidavils or declarations of witnesses: limit the scone of discovery:
shorten the time to produce records or witnesses: exclude witnesses from the (tearing when not
lestif\'ine: exclude disorderly or disrunti%c persons front the hearing: and make other orders
necessan" to ensure the fair and orderly conduct of tltc hearing_. The hearing shall be onen to the
public.
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hearing officer or remlesled b\ the goner and/or possessor of the animal A stenogl'anhic
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reporter shall also record tine nroccedines_if' ordered _by the_he_aring officer or reouested by the
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a" Der and/or possessor. \Vith the Costs [hereof to bC bonne b\' lie reQ aetilOrf3EF50fF-A}81i-}Rfl-{h2
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order -or Feeeest. A conv of the tune recording or transcrinl of the nroceedines shall be made
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available to aury person anon remlesl and anon navment of tile cost of nrenaralion thereof.
;. Failure to aDnem'. The hearing officer Him decide all Issues for or against the owner
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and/or nossessor of the animal e\ er if the owner and/or nossessor fails to Annear at the hearing.VFormatted:
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, Determination. Ater til_hearhlg. the hearing officer may find. unon a rucDonderance
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of the evidence. that a nublic nuisance under this section exists. Tile hearing ofliter play orders
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the abatement or ilio DUISaOCe b\' 1pt110]dlnH of modlfvir@ the abatement order. The abatement
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order shall Sltnei'sede any nrC\"ious abate'me'nt order issued by an animal control officer. Within
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ten days of the hearing. the determination and abatement order shall be served unon the owner by
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r rermid first-class mail. return receinl reauesled. The determination and abatement order of the
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hearing officer shall be final and conclush a
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1. It' the owner an/or nossessor _of the animal fails to life a timelv anneal or abate the public
nuisance within f4 -eten days the_date
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of of service_of the_N_OV_and abatement order or decision
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by the hearing orficer regarding an anneal. the animal control officer ay;
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I.C'ite_th_e owner and/or nossessor of the animal for a violation of this title. Each da_ \_•\ \
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that a viola—tion—the
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G Refer the. violation to the- ci tv attorne\' or district attornev For criminal 0]. Civil
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11rOSCCUl1o0 Of a violation Md/or abatement of the nublic nuisance.\
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Z. Impound the- animal. The owner and/or possessor may redeem an impounded animal
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as specified In Chanter 9.28 Oro\'lded that the owner and/or nossessor agrees to comm\' and Is.
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able to comply \\'ith the abatement order. and has paid fill Impound fees or charges.
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D_ Exceptions. Nothing in this section shall be construed to atmly to Iroise levels emanating
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from a levalh' operated veterinary hosni Fal. humane society or animal control shelter or farm,--
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Imo. The remedies of this section slid]] not limit Tile Cil\' Icor anv nerson from seeking anv other\\\
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Icgal renledv available by law. includine but lim
not ited to an action for nriyate or nublic
nuisance.
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9.32.060 Judicial review._
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_ _ _ _ _
An\' owner and/or nossessor \\'hU Is azi rseve'd by a decision of a hearing officer and \Vho has
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exhausted the administrative remedies provided in this title, or any other armllcable hi". shall_
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25
Imre the rieht to seek iudicia] review of such decision by filing a petition for writ of mandate as
more full described in Section 1.14.110 of this code, as that section mac be amended from time
to time.
9.32.070 Recovery of costs of abatement.
A. The city mac elect to recover Its costs to abate nuisance conditions or other \"lolalions of � 'I Formatted: Font: (Default)Times New Roman
this title nursuant to the nrocedures set forth in section 1.14.120 of this code. as that section may
be amended from time to time.
B.
Cost _ac_counts. If anv order authorizes the cih" to abate a nuisance condition or other Formatted: Font: (Default) Times New Roman I
Is of this title. the cih, official responsible for such abatement Shull keen an accountine of y Formatted: Font: (Default) Times New Roman
the cost of abatement alone with anv other recoverable costs pursuant to the nrocedures outlined
in section 1.14.130 of this code.
C. hnnosltion of liens or sneclal assessments. AnV penallV inumsed for %iolatlollS Of this 'I Formatted: Font: (Default) Times New Roman
title, administrative costs or other extienses of enforcement. and the cost or extienses associated Formatted: Font: (Default) Times New Roman
with the abatement of a nuisance as set forth in this title. whether imposed or levied iudicially or
administratively. may be enforced by the recordation of a lien or oma become a snecial
assessment aeoinst the nronerly of the owner real-nreneFtr as described in section 1.14.140 of
this code.
9.32.080 Enforcement ruethods provided herein not exclusive. '
Nothing in this title shall nrevent the city from iniliatine anv other legal or couilable oroceedine
to obtain compliance or to discourage nonconlpfiance with the nrovisions of this title The
enforcement procedures described herein are intended to be alternative methods of obtaining
emmiliance or discouraeine noncompliance and are expressly intended to be in addition to any
other remedies nroyided by Inv or this code. It is the intent of the city council that the
immunities prescribed in Penal Code Section 836.5 and Government Code Section 8203 shall be
aonlicable to the animal control officer. and anv other public officers or e nnfovecs. active in the
course and scone of emnlovment nursuant to this title.
9,32.060 Behavior and Training Diversion Program.
At the discretion of the Animal Control Officer. an aninml owner who Inns violated any section of this
Ttitle may lie renuired to attend the 'Behavior and Training Diversion Program" The fee for attending
the "Behavior and Training Diversion Proarani'shall be determined b\ Ccity Gcouncil resolution.
Section 2 Ordinance Not Subject to CEQA. The City Council finds that this
Ordinance is not subject to the California Environmental Quality Act ("CEQA") in accordance
with Section 15060(x)(2) of the CEQA Guidelines, (Title 14, Chapter 3 of the California Code of
Regulations) in that the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment, and in accordance with section 15060(x)(3) of the CEQA
Guidelines in that the activity is not a project as defined in Section 15378 of the CEQA
Guidelines because it has no potential for resulting in physical change to the environment, either
directly or indirectly.
Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance
is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
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Roman, 12 pt
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Roman, 12 pt
2(0
competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each and all
provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 4. Said ordinance or a synopsis shall be posted and/or published for the period
and in the manner required by City Charter.
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 day of , 2009.
ADOPTED THIS _ day of , 2009, by the following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
1 1210594 54 =^,--..-_�_ _ _ _ _ —i Formatted: Font: 10 pt
21
�..-E4ocE,,..er,� P•.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
ANIENDING 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 raider 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 a honey -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..
J. '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..
K. '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.
L. "Cat" means a domestic cat (Felis catus). Cats are the personal property of their owner.
W
M. "Impound" means to take into custody by the animal control officer as authorized by this
title.
N. "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 kept for commercial purposes.
0. "Hobby kermel 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.
P. "Feral cat" means any free roaming domestic cat without owner identification of any ]rind
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 & Agriculture Code section 31752.5, subdivision (b), as
amended from time to time.
Q. 'Dog" means domestic dog (Canine familiaris) of any age and either sex.
R "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.
S. "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.
T. "Person" means and includes any individual, firm, partnership, corporation, or association
of persons.
U. '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.
V. 'Possessor" means any person other than the owner of an animal who has lawful custody or
possession of the animal.
W. 'Potbellied pig" means any of a breed of small pigs (so scofa bittatus) known as
Vietnamese, Chinese or Asian potbellied pigs, not to exceed 250 pounds.
X. 'Premises" means and includes any dwelling, building, real property, vehicle, vessel or part
thereof.
Y. '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.
Z. "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.
9q
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. Inunediately stop the vehicle at the scene of the accident or as close thereto as safely
possible; and
B. Imrnediately 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 and swarms 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 pennitted 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
D. All persons maintaining an apiary must comply with the registration and indentification
requirements of the California Food and Agriculture Code section 29000, et seq. as those
sections are amended from time to time.
9.08.040 Keeping live hogs 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, except for potbellied
pigs as provided below.
B. The keeping of potbellied pigs is permitted only in accordance with the following:
1. No more than two potbellied pigs maybe 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; and
4. All potbellied pigs are subject to the sante licensing requirements that apply to dogs
pursuant to Chapter 9.16. The license fees for potbellied pigs shall be the same as the license fee
for dogs.
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.
3D
B. hi 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;
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 the 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 heating 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 that 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�
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 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 a bark/noise log. The bark/noise log shall list rimes 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. Feral cats, and feeding or maintaining feral cats, within the City are hereby declared to be
public nuisances. Feeding or maintaining feral cats is a violation of this chapter, except for
feeding or maintaining by an Authorized Feral Cat Care Organization in accordance with this
chapter including the following. 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
Cormnission and their officials, officers, employees, agents, and volunteers as additional
insureds;
32.
4. Establish a colony tracking system and provide quarterly reports to Petaluma Animal
Services. Quarterly reports shall include colony location, statistics on the 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; three-year vaccination
against rabies; and one-time testing for Feline FIV and leukemia 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 approved by Animal
Services;
7. Remove kittens from the colony that can be socialized and adopted andevaluate new
colony members for socialization and possible adoption;
8. Provide for approval to Petaluma Animal Services the organization's plan for
conducting public education on the feral cat TNRM program;
9. Submit to Petaluma Animal Services written authorization from the owner of the
property where the cats are fed and maintained.
10. Immediately provide all colony records to a Petaluma Animal Control Officer for
inspection in response to a complaint or alleged violation of law.
11. Submit written proof of authorization to maintain a feral cat colony from the owner of
the property where the feral cat colony is maintained.
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, catteries, feral cat colonies.
Every commercial kennel, cattery or feral cat colony 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 narne, current address, and telephone number of the owner/guardian of each animal
at the kennel or cattery. The name, current address, and telephone number of the feral cat colony
caretaker.
B. The date each animal entered the kennel, cattery or colony.
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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 kemiel 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,
cattery or colony.
F. A valid spay/neuter certificate for each cat over age four months and proof of testing for
Feline FN and leukemia for each cat in any feral cat colony.
G. Proof of liability insurance for each Authorized Feral Cat Care Organization.
H. Copies of all quarterly reports for each feral cat colony submitted to the City pursuant to
section 9.14.110(A)(4).
I. Copies of the organization's plan to conduct public education on the feral cat TNRM
submitted to the City pursuant to section 9.14.110(A)(8).
9.24.030 Investigation of dangerous and potentially dangerous animals.
A. An animal control officer shall investigate any reported incident regarding a dangerous or
potentially dangerous animal.
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. The animal control officer shall make best efforts to
take a photograph of the animal to include with the report.
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.
B. If after conducting an investigation, the animal control officer determines that probable
cause exists that the animal is dangerous or potentially dangerous, the animal control officer may
impose reasonable conditions to protect the public health, safety and welfare upon the animal
owner pending an administrative hearing. These conditions shall be in the form of a provisional
abatement order and may include any reasonable conditions, including those contained in
Section 9.24.050. The animal control officer shall provide notice of the provisional abatement
order pursuant to Section 9.24.060. The provisional abatement order shall remain in effect
unless superseded or overruled by another administrative or judicial decision. A failure to
comply with the provisional abatement order shall be a misdemeanor.
C. If after conducting an investigation, the animal control officer determines that probable
cause exists that the dog is dangerous or potentially dangerous, the animal control officer shall
petition the hearing officer for an administrative hearing to determine whether an animal is
dangerous or potentially dangerous. The administrative hearing shall follow the procedures of
Section 9.24.040.
D. Pursuant to this title, the animal control officer shall also immediately impound any
animal found to be dangerous and posing an iniminent threat to the public health, safety and
welfare.
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 probable 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.
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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 after 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.
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;
S. 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 couceming 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. After
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 comlitions 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 Cali f ornia Food and Agricultural Code section 31645 or
its successor provisions.
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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 to 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.
3. Within ten days of the hearing, notice of the order of humane euthanization shall be
served upon the owner pursuant to Section 9.24.060.
4. Any order made by the hearing officer to humanely euthanize an animal shall be
final.
9.24.050 Abatement order and conditions.
A. Pursuant to Section 9.24.040, the owner of an animal determined to be dangerous or
potentially dangerous by the hearing officer shall be required to comply with the abatement order
of the hearing officer which contains any or all of the following conditions:
1. Registration. To immediately register the animal that is found to be dangerous with
the animal control officer to comply with the animal control officer's requirements for dangerous
animal (including, but not limited to, requiring the animal to wear a visible, dangerous animal
tag), and to keep such animal properly vaccinated at all times. The fee to keep or maintain one
dangerous animal shall be fifty dollars for a twelve-month term, and the fee for each additional
dangerous animal shall be twenty-five dollars. The fee shall be paid for each twelve-month term.
Should the animal die in any twelve-month term, the owner shall notify the animal control
officer of the death within five working days of the death;
2. Confinement. To keep the animal securely confined on its premises in a locked
enclosure approved by the hearing officer or the animal control officer from which the animal
cannot escape and into which children cannot trespass. Such a kennel or structure must have
secure sides and a secure top attached to the sides. All structures used to confine a dangerous
animal must be locked with a key or combination lock when such animals are within the
structure. Such stricture must have a secure bottom or floor attached to the sides of the pen or
the sides of the pen must be embedded in the ground no less than two feet. All structures erected
to house a dangerous animal must comply with all zoning and building regulations of the city.
All such structures must be adequately lighted, ventilated, and kept in a clean and sanitary
condition;
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3. Confinement while on leash. To keep the animal securely muzzled, restrained by a
substantial leash of appropriate length, not to exceed six feet, and under the control of a
responsible person eighteen years of age or older who is physically capable of restraining the
animal when the animal is not contained in a locked, secure enclosure;
4. Spay or neuter the animal. To have the animal spayed or neutered by a licensed
veterinarian at the owner's expense and to present proof thereof to the animal control officer;
5. Insurance. The owner of any animal found to be dangerous pursuant to this title shall
present to Animal Services proof that the owner has procured liability insurance in the amount of
at least one hundred thousand dollars ($100,000) covering any damage or injury that may be
caused by the dangerous animal. Such liability insurance shall not be cancelled unless the owner
ceases to own the animal. Coverage shall be evidenced by an endorsement from the insurer.
The animal owner shall provide the city at least thirty days' advance notice of cancellation of any
insurance policy required by this section. The insurance requirements set forth herein may be
extended to the owner of a potentially dangerous animal based on the circumstances and
recommendation of the Animal Control Officer;
6. Bond. The posting of a bond or other proof of ability to pay a damage award in the
amount of fifty thousand dollars;
7. Notification. To immediately inform any city, county, postmaster or utility company
meter readers and anyone else that lawfully comes onto the property, of the animal's
dangerousness and to inform animal control and/or the chief of police if the animal is moved to
another location inside or outside the city limits as provided by this chapter;
8. Signs. To display in a prominent place on the premises a sign easily readable by the
public using the words "Beware of Dog" or "Beware of Animal" in letters at least three inches
high;
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;
11. 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 allow 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.
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E. Failure to comply with an abatement order regarding a dangerous or potentially
dangerous animal.
1. 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 cuthanization 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 I or 2 of this subsection, the hearing officer may, without further
notice or process, have the animal humanely eutbanized.
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 within 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
officer shall sign a declaration ander 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 he 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.
9.24.070 'transfer and training of dangerous animals.
A. Sale or Transfer Within City. No person shall sell, transfer or in any other way dispose
of an animal deemed dangerous under this chapter to any person within the city unless the
recipient person resides permanently in the sante household and on the same premises as the
owner of such animal.
B. Sale or Transfer Outside of City. The owner of an animal that has been deemed
dangerous under this chapter may sell, transfer, or otherwise dispose of such animal or the
offspring thereof to persons who do not reside within the city, provided the owner first notifies
the hearing officer and the animal control officer of the proposed sale or transfer. Such notice
shall be given not less than fifteen days in advance of the sale or transfer and shall specify the
e
name and address of the recipient person. Upon receipt of such notice, the hearing officer or the
animal control officer may notify the governmental jurisdiction in which the recipient person is
located or resides. Failure to comply with these notification provisions shall be grounds for
immediate impoundment of the animal by the animal control officer.
C. Sale or Transfer into City. It shall be unlawful for a person to possess, own or control
any animal for the purpose of either temporary or permanent care in the city limits that has been
deemed by another governmental jurisdiction to be potentially dangerous, dangerous, vicious, or
a threat to the safety of human beings or domestic animals. The animal control officer may order
the person having possession, ownership or control of the animal to remove the animal
immediately from the city. Should such person fail to comply with the animal control officer's
order, the animal control officer may summarily and immediately impound the animal. The
owner of the animal shall be liable for the costs and expenses of impounding and keeping the
animal. Such impoimded animals may then be disposed of in accordance with the provisions of
this chapter.
D. Fighting Training and Animal Abuse Prohibited. It shall be unlawful to use, train, keep,
harbor, own, or in any way possess or transport through the city an animal for the purpose of
animal fight exhibitions. Sears and wounds are refutable evidence of participation in animal
fight exhibitions or training. "Fight training" is defined to include but not limited to:
1. The use or possession of treadmills for fight training;
2. Actions designed to torment, badger or bait any animal for purpose of encouraging
said animal for fight exhibitions;
3. The use of weights on the animal for fight training;
4. The use of other animals for blood sport training;
5. Any other activity, the primary purpose of which is the training of animals for
aggressive or vicious behavior or animal fight exhibitions. It shall further be unlawful for
anyone to knowingly abuse any animal within the city limits.
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.
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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 detennined 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.
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 after the impoundment, if no
person has appeared to claim such animal, the animal control officer shall notify 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. After the holding period specified in Section 9.28.080 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 after a detennination is made by the animal hearing officer.
9.28.110 Summary euthauization of the animal.
Animal services may cause an impounded animal to be destroyed without waiting for the holding
period specified in Section 9.28.080 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 cuthanization 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
4o
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 9.28.090. Exceptions: If the impounded animal has been the
subject of an abatement order pursuant to Section 9.08.180 or Section 9.24.040, 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 (lie 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 after 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 knind to be dangerous, the animal may be
released subject to the conditions set forth in Chapter 9.24.
9.28.130 Redemption after release to third party.
Animals adopted from the Petaluma animal shelter after the legal holding period will not be
returned to the original owner.
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
qt
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 entitled 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 Govenument 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.
A. Notice of Violation and abatement order. Except as otherwise provided in this title,
whenever an animal control officer has reasonable cause to believe a violation of this title has
occurred, the animal control officer may issue the responsible party a Notice of Violation
("NOV") and abatement order. Such NOV and abatement order shall be served on the owner
and/or possessor in the rnatmer 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;
b. A staternent 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
42
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 mlless a timely appeal is filed and pending in accordance with this section.
G. If after 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 left 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, modified,
or overruled. The notice of the appeal hearing shall be sent pursuant to Section 9.32.050,
subdivision (B). The hearing shall be held promptly within no less than ten days and no more
than thirty days after service of the notice on the owner of the animal.
2. Conduct of hearing. The hearing officer shall conduct the hearing in an informal
manner and shall afford the owner and/or possessor of the animal an opportunity to present
evidence as to why the order should be modified or overruled. The formal rules of evidence
shall not apply; however, whenever possible, any complaint received from a member of the
public which serves as the evidentiary basis for the animal control officer to find probable cause
shall be sworn to and verified by the complainant and attached to the petition filed by the animal
control officer. The hearing officer may admit into evidence all relevant evidence, including
incident reports and the affidavits or declarations of witnesses; limit the scope of discovery;
shorten the time to produce records or witnesses; exclude witnesses from the hearing when not
testifying; exclude disorderly or disruptive persons from the hearing; and make other orders
necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be open to the
public.
3. Recording. The proceedings at the hearing may be tape recorded if ordered by the
hearing officer or requested by the owner and/or possessor of the animal. A stenographic
reporter shall also record the proceedings if ordered by the hearing officer or requested by the
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owner and/or possessor, with the costs thereof to be borne by the requester. A copy of the tape
recording or transcript of the proceedings shall be made available to any person upon request and
upon payment of the cost of preparation thereof.
4. Failure to appear. The hearing officer may decide all issues for or against the owner
and/or possessor of the animal ever if the owner and/or possessor fails to appear at the hearing.
5. Determination. After the hearing, the hearing officer may find, upon a preponderance
of the evidence, that a public nuisance under this section exists. The hearing officer may order
the abatement of the nuisance by upholding or modifying the abatement order. The abatement
order shall supersede any previous abatement order issued by an animal control officer. Within
ten days of the hearing, the determination and abatement order shall be served upon the owner by
prepaid first-class mail, return receipt requested. The determination and abatement order of the
hearing officer shall be final and conclusive.
I. If the owner an/or possessor of the animal fails to file a timely appeal or abate the public
nuisance within ten days of the date of service of the NOV and abatement order or decision by
the hearing officer regarding an appeal, the animal control officer may:
1. Cite the owner and/or possessor of the animal for a violation of this title. Each day
that a violation occurs is a separate offense.
2. Refer the violation to the city attorney or district attorney for criminal or civil
prosecution of a violation and/or abatement of the public nuisance.
3. Impound the animal. The owner and/or possessor may redeem an impounded animal
as specified in Chapter 9.28 provided that the owner and/or possessor agrees to comply and is
able to comply with the abatement order, and has paid all impound fees or charges.
J. Exceptions. Nothing in this section shall be construed to apply to noise levels emanating
from a legally operated veterinary hospital, humane society or animal control shelter or faun.
K. The remedies of this section shall not limit the city nor any person from seeking any other
legal remedy available by law, including but not limited to an action for private or public
nuisance.
9.32.060 Judicial review.
Any owner and/or possessor who is aggrieved by a decision of a hearing officer and who has
exhausted the administrative remedies provided in this title, or any other applicable law, shall
have the right to seek judicial review of such decision by filing a petition for writ of mandate as
more fiill described in Section 1. 14.110 of this code, as that section may be amended from time
to time.
9.32.070 Recovery of costs of abatement.
A. The city may elect to recover its costs to abate nuisance conditions or other violations of
this title pursuant to the procedures set forth in section 1. 14.120 of this code, as that section may
be amended from time to time.
B. Cost accomits. If any order authorizes the city to abate a nuisance condition or other
violations of this title, the city official responsible for such abatement shall keep an accounting of
the cost of abatement along with any other recoverable costs pursuant to the procedures outlined
in section 1.14.130 of this code.
C. Imposition of liens or special assessments. Any penalty imposed for violations of this
title, administrative costs or other expenses of enforcement, and the cost or expenses associated
with the abatement of a nuisance as set forth in this title, whether imposed or levied judicially or
L1y
administratively, may be enforced by the recordation of a lien or may become a special
assessment against the property of the owner as described in section 1. 14.140 of this code.
9.32.080 Enforcement methods provided herein not exclusive.
Nothing in this title shall prevent the city from initiating any other legal or equitable proceeding
to obtain compliance or to discourage noncompliance with the provisions of this title. The
enforcement procedures described herein are intended to be alternative methods of obtaining
compliance or discouraging noncompliance and are expressly intended to be in addition to any
other remedies provided by law or this code. It is the intent of the city council that the
immunities prescribed in Penal Code Section 836.5 and Government Code Section 820.2 shall be
applicable to the animal control officer, and any other public officers or employees, acting in the
course and scope of employment pursuant to this title.
9.32.060 Behavior and Training Diversion Program.
At the discretion of the Animal Control Officer, an animal owner who has violated any section of this title
may be required to attend the "Behavior and Training Diversion Program." The fee for attending the
"Behavior and Training Diversion Program" shall be determined by city council resolution.
Section 2. Ordinance Not Subject to CEQA. The City Council finds that this
Ordinance is not subject to the California Environmental Quality Act ("CEQA") in accordance
with Section 15060(c)(2) of the CEQA Guidelines, (Title 14, Chapter 3 of the California Code of
Regulations) in that the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment, and in accordance with section 15060(c)(3) of the CEQA
Guidelines in that the activity is not a project as defined in Section 15378 of the CEQA
Guidelines because it has no potential for resulting in physical change to the environment, either
directly or indirectly.
Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance
is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each and all
provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 4. Said ordinance or a synopsis shall be posted and/or published for the period
and in the maturer required by City Charter.
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 _ day of 2009.
ADOPTED THIS day of , 2009, by the following vote:
AYES:
4S
NOES:
ABSENT:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
1210594.7
146
PETALUMA ANIMAL SERVICES ADVISORY COMMITTEE
RECOMMENDATIONS REGARDING FERAL CATS TNRM PROGRAM
The legislative subcommittee supports a local Feral Cat Trap, Neuter, Return, Monitor (TNRM) Program and the
development of a project similar to Sacramento's Miller Park Project if the following criteria are met:
THE PROGRAM/PROJECT IS DEVELOPED AND MANAGED BY A 501c.3 ORGANIZATION WHICH
WILL:
DEVELOP AND SUBMIT TO PETALUMA ANIMAL SERVICES (PAS) A DETAILED PLAN FOR THE CARE
AND MANAGEMENT OF FERAL CAT COLONIES RESULTING IN A PROGRAM THAT WILL:
• Identify a plan to organize and develop positive collaboration
• Define group objectives and implementation plans
• Identify project leaders
■ Establish minimum liability insurance as specified by the City of Petaluma Risk Management office naming the
City of Petaluma as an additional insured
• Define the program funding plan
• Define the colony tracking system to include summary information documenting quarterly colony statistics
• Define the spay/neuter program to include testing and vaccination plans in accordance with Petaluma Municipal
Code Title 9, Section 9.14.110
• Establish standardized feeding stations
• Define the feeding program
• Establish a plan for the evaluation of kittens that can be socialized and cats that are determined not to be feral
• Agree to immediately provide all colony records in associated area to Animal Control Officer if there is a clear
violation of the late
• Define the proposed method of communicating with PAS throughout the program to include Petaluma Animal
Services (PAS) disposition of cats they encounter that have been ear -tipped
• Provide a plan to coordinate the continuing public education of the Feral Cat Program with PAS and the Petaluma
Parks & Recreation
-End-
Members: Charlie Reinhart, Jonathan Long, John Cerini, Jack Eliot, Jr.
S: Draft recommendations regarding feral cats.doc
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