HomeMy WebLinkAboutAgenda Bill 5.B 05/17/2004CITY OF PETALUMA•, CALIFORNIA_
AGENDA , BUILL
Agenda Title: Amendment of Petaluma Municipal Code Title 9 Meeting Daie:May 17, 2004
Animal Regulations
Meeting, Time: M 3:00 PM
7:00 PM
Category (check one): O'CoAsent, Calendar' ElYublic Hearing New Business
0 Unfinished Business Presentation
Department:
Director
Contact Person:
Phone Number:
City Manager
Mike Biermaq
Nancee Tavares
778-4396
Cost of ProVosal:' 0
Account Number: 30 10
Amount Budgeted: N/A
Name of Fund: Animal Services
Attachments. to. Agenda Pgcket,'Item Petaluma Municipal Cod_ e, Title 9, with proposed amendments
highlighted
Summary Statement• there have been no revisions to, the ordinances dealing with domestic animals
m.many The number of coinpAnion, anhinals. - has grown with the 'human population and with
this growth has come the need for additional legiglati' ing he care of these animals.
on govern
'Petal uma Animal Services staff and the Animal Services Advisory Committee 'have drafted a revised
.. - I Ty
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and amended P'etaluma nipipal,Code, Title 9, Animal Regulations., The resulting document was
sent to the City Attornpy'.s , office -for legal review. The City Attorney's office was asked to revise and
amend a number of regulations involving cib ' allid civil ento
imin , , rcement matters that the City
Attorney and Animal Services' jointly enforce. The amended Title- 9 'Include's new regulations
limiting the number of animal - ,p
s vr - household; new restrictions on feral cat colonies in and near
parks; improved regulations ,procedures and enforcement tools for dangerous animals and animal
.noise; and other minor revisions streamline and I strengthen ev, s existing regulations. The amended
sections of Title 9 have,been highlighted for ease of review.
Recommended City Council AttionAuggested Motion: Approve' amendments to Title .9 of the
Petaluma Municipat Code
e4wed bv Finance Director':
Rev,'iewed-b' ornev,'
A.PiDroved/fi*Xitv Vanager:
Date:
D,.ate:! i J
d I
TodaV% Dat e: April. 16, 2004
Revision # and, Date
File..Cdde:
--CITY OF PETAI UMA, CAL,IFOINIA
MAY'17;:2004
'Mate of:Meeting)
AGENIDA.
FOR
Amendment of Petaluma Municipal, Code Title 9, Animal Regulations
(Name of Project —Use Same Language:as Found for the Agenda Title on the Agenda Bill)
EXE CUTIVE SE1 MA' RV : The City has : not revised its ordinances de aling with domestic animals in
many years. The number of companion ani als,has grown with the human population. With this
y gi g g
growth has come the need :for addat�on
le aslataon overnan - the care and control of compan
animals. During
the five ears that the City has,directly managed An imal, Services, the Animal
Services Mana ger,and Animal Control Officers,have discovered the need for additional
legislation. In
addition, based on, discussions between Animal Services staff and the City
Attorney °s office regarding,,specific Aninial Services hearings and discovered
susce
p g g 'end to be aanbiganous aand vague and. thus
table. t6 different an'terpretations. Thus ,there was
s ome off the existh vbrdin could be, d emir
t r,
._ .. _ . t hey chance that such re gulations could be
-that s '.
r, an
the Animal Services Advisory unenforcea me m by a aArevaewan I ces and could contribute to uneven. a nd inefficient
ourt a
enforcement. namal.Sea�va Committee drafted a
revised and amended T'atle 9 over a,nme -month period: The Animal! Services Manager then
process. The a ended Title ® 9 n ancludes new re ®ns� the addition of' procedures -to protect clue
ty y
o
g imitinglhe number of animals per
h new_ ' restrictio ns on feral cat- colonies in and near parks; improved regulations,
g , d other minor
revisions to streamline an e
ent tools for
dan erous animals and, anamal.:noase•, an
procedures and. enforcem
highlighted for ease of re ew. I g e.sections with revisions have been
hen.Yexistin re lations. T h
is recommended that the City Council approve the amendments
to Title 9.
2. BACKGROUND - .Animal Servi and the City Atto .office have discovered several areas in
the c ue n and thus susce ptible t Title 9 lackin ptable e le' . slataon•�areas where wor could b e determined to be vague and 11 the grren to different interp 0 — __ aas. lased on several actual Animal
Control °'cases , g involvin both crimimal and civil enforcement anatters•which are jointly enforced by
both f
. - the, need ,to revise the legislation was realized. The' prop®sed, amendment includes wording
written by the City Attorney's office that clarifies thei hearing and appeals processes and adds,,
• p _ 1 a Street wouldnot have been number of
felines e� household The cat r o ulation at us ,an '
e
p p 210 able to grow
ns or t e ,
o amals. There a restrict ion. on th
to over 200 May 200.1) of there had been an orda g the number of cats because Animal
Control would have, had- causeto investigate. Also prop osed.Are''lianits on other domestic
caretakers will be. re oared poultry , rodents and re ptiles. Under the amendment, feral' cat colony
din rabbits
animas 'anc u to register colonies and their placement will be restricted from in and
ne i t dedks ote Ot a dangerous" s include regulations regarding the tethering of dogs; and a
p p y d g rous" dog designation.T'he proposed amendment developed
over a nine mommth period by the Animal Services Manager, Animal Control Officers and the
Advisory Committwee and' °was reviewed and revised by the City Attorney's office. Research was
done - on existing legislation In' cities and states.
3. ALTERNATIVES The alternatives to approving the entire package of amendments,are: 1. approve
specified portions; 2. keep existing-legislation without any amendments; 3. send it'back to
Animal Services for revision. L'The most needed amendments, in the opinion of the Animal
Services Manager and Animal :Control Officers are: a) addition of Potentially Dangerous Anim '
designation; b.) strengthehing.and clarification of the hear•ing;and appeals prcoesses;
c•) limitations on th - n m—her of 'animals per species per household-, d.) changes in the record
keeping1or IDog and Other Animal 1Noise. , However, the entire`package of Am
presented . here represent over one -year of study by Animal Services :and. the:Animal Services
Advisory Committee and careful review by the City Attorney's office. It is recommended that the
entire package be approved.
4. FINANCIAL IMPACTS There is no fi impact associated with the proposed amendments.
5. CONCLUSION Th e .City has not revised its, ordinances dealing with domestic. animals in many
years: Tlae number of companion an imals hastro with th e Duman population. Wi this
growth, has. come the,need for additionallegislat ®n goverhing :the care sand control of companion
animals. During the five years that the City has directly managed.Animal Services, the Animal
Services ' Manager and An Control, Officers have: discovered th e. need for -additio
legislation. In addition lbased on. discussions between Annual Services staff and the ,City
Attorney's office _regarding, hearings and abatements, it was discovered that. some of the - existing
wording could `be determined to be vague, and ambiguous and thV&susceptible to; different.
interpretations. The proposed amendments were developed in response. They will stye_ ngthen the
City's,abilityto protect and care,for Petaluma's conHpanion anhnals'and to assist citizens in •
g g
dealing with animal - related problems includin 'dan erous animals, The; Feral, Cat Task 'Yorce
Will assist in publicizing the new feral cat'colony registration requirements. Public education will
be ongoing.
6. OUTCOMES OR PERFORMANCE MEASUREMENTS TRAT WILL IDENTIFY. SI7CCESS.OR COMPLETION:
successful outcomes in investigating and regulating p ) ore
Outcomes indicating that the amendments.have im roved Title 9:include: a. smoother and m
g g gu g animal- related,problems in Petaluma, b.) less public
confusionaegatding same; c;) enhanced quality of life for Petaluma's compamon animals;. d.) reducednumbet
of fetal cats�and their impact on wildlife. `
. RECOMMENIDATION Approve Amendments as submitted to Title 9 of the Petaluma Municipal
Code.;
ORDINANCE NO.
Introduced by
N.C.S.
Seconded by
AN ORDINANCE OF THE
COUNCIL OF THE CITY OF PET ALUMA REPEALING
IN ITS ENTIRE'TY`THE.EXISTING TITLE,9,. IMALS 99 ,AID ADOPTING NEW
TITLE 9, "ANIMAL REGULATIONS"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1 . Title 9, "Animals," is hereby repealed in its entirety:
Section 2 . New Title 9, ` " Animal Regulations," is hereby added to the Petaluma
Municipal Code as follows:
TITLE 9
ANIMAL REGULATIONS
Chapter 9.04
General Provisions and Definitions
Chapter 9:08
Animal Ownership and°Keeping
Chapter 9.12
Livestock Permits
Chapter 9.14
Animal Permits
Chapter 9.16
Dog Licenses
Chapter 9.20
Rabies Control
Chapter 9 24
Potentially Dangerous and Dangerous Animals
Chapter 9:28
Impoundment
Chapt& 9.32
Enforcement Penalties and Notice
CHAPTER 9.04
GENERAL PROVISIONS AND DEFINITIONS
9.04.020 Definitions.
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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 Mariager ,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 e.duties include, but, are not, limited to, the enforcement sof -this Title and
the management of day -to -day operations of the City operated Animal Services
department.
D. "Animal hearing off cer" means the Animal Services Manager or person(s) appointed
pointed
by the'City Manager to conduct all hearings.authorized by this title.
E. "Bee" means a honey- producing insect of the- species Apis Mellif cia, including the
adults, eggs, larvae, pupae and other immature states thereof.
F. "Beehive" means any receptacle or container made for use of bees, ce box or ,similar
I.
"Impound" means to take into custody by- the _animal control officer as authorized by
N. "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.
O. ."Owner"I 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 its profession as to any
animal in his possession while, being treated or cared for. This definition 'shall not
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9. 04.030 Duties and Powers of Animal Control Officers.
apply to an operator .of a commercial kennel as to, any animal that is being boarded in
Animal control officers shall exercise all powers and have all the duties of public
the regular practice of..h_ is business.
P.
"Person" means and 'includes any individual, firm, 'partnership; corporation, or
the power to arrest a persomwithout warrant when officer has reasonable cause to
association of "persons.
Q.
"Pet shop" means a premise wherein pet `animals are kept for purposes of wholesale or
of this code, the Petaluma Zoning Ordinance or the; laws of -this state relating to the
retail, sale, exchange or hire to the public. "Pet shop" does not include any place where
care, control and keeing of "animals., Animal control officers may arrest any person
pet animals are occasionally sold. "Pet animals" means dogs; :cats, rabbits, monkey and
upon a warrant issued,' by a court of competent jurisdiction.
other primates, birds, guinea pigs, hamsters, mice, snakes iguanas, turtles and any
Animal control officers' ;shall enforce all the provisions of Title 9, and any other
other species of animal sold or trained for the purpose of being kept as a household pet.
R.
"Possessor" means any person other than the owner of an animal who has lawful
relating to the care, control and keeping of animals and :investigate complaints of
custody or possession of the animal.
S.
"Premises" means and includes; any dwelling, building, real property, vehicle vessel or
of the aforesaid ordinances and state,laws.
part thereof.
T.
"Served by,mail "'refers to service by registered, certified and/or first-class letter. The
provisions
of this title relating to rabies control.
date the letter is posted in the mail shall constitute the date the letter was served by
Animal control officers shall assist in the operation of Petaluma Animal Services. This
mail.
U.
"Veterinarian" means a person licensed to practice veterinary medicine by the state of
organization for the operation o such terms and subject to such
California.
V.
"Veterinary hospital" means a premises operated by a veterinarian for the treatment of
Animal control officers shall issue all licenses and permits,.,, and collect all fees and
diseases and injuri es to, animals:
W.
"Rabies Control Act" means and refers to California:Health and Safety Code Sections
1900 and, sections following governing the• identification quarantine and control of
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rabid animals.
9. 04.030 Duties and Powers of Animal Control Officers.
A.
Animal control officers shall exercise all powers and have all the duties of public
officers, as is provided in Section - 836.5 of the California, Penal Code, and shall have
the power to arrest a persomwithout warrant when officer has reasonable cause to
believe that such ,person has .committed a violation of this title, or any other provision
of this code, the Petaluma Zoning Ordinance or the; laws of -this state relating to the
care, control and keeing of "animals., Animal control officers may arrest any person
upon a warrant issued,' by a court of competent jurisdiction.
B.
Animal control officers' ;shall enforce all the provisions of Title 9, and any other
provisions of this code, the', Petaluma Zoning Ordinance, or: the laws of this state
relating to the care, control and keeping of animals and :investigate complaints of
violations thereof. Animal control officers are authorized to issue warnings or citations
of the aforesaid ordinances and state,laws.
C.
Animal control officers shall enforce the California Rabies Control Act and
provisions
of this title relating to rabies control.
D.
Animal control officers shall assist in the operation of Petaluma Animal Services. This
section shall not, however, prevent - - thet. City Council from - contracting' with an
organization for the operation o such terms and subject to such
conditions as ;the City Council determines.
E.
Animal control officers shall issue all licenses and permits,.,, and collect all fees and
charges as authorized by this title.
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F. Animal control officers may seize„ impound, and humanely destroy any animal when
authorized by provisions' of this title or the laws of this state;relating to the care, control
and: keeping of animals.
9.04.040 Right of Entry for Enforcement.
For thet purposes of enforcement of the ordinances and`laws specified in Section
9.04.03OB, an animal control officer may seek entry upon private property. If the property is
occupied, the animal control officer shall identify himself/herself, request entry.; and explain
the reasons thereof If the propertyappears to be, unoccupied, the animal control. officer shall
make a. reasonable effort to locate the. owner or occupant - thereof. The animal control officer
may enter property, without first securing a warrant, under the following .circumstances and
conditions:
A. When authorized by the laws of "this _state;
B. With the express permission'of the'owner or occupant of the, rope
C. When there is probably cause to believe that any ,rabid animal is present upon the
property and there is an immediate hazard to the animal, other animals , or the :public
safety;
D. When "there is probably cause to believe'that the keeping or maintaining of the animal
on the private'property is so Hazardous or dangerous as to require immediate. inspection
and/or impoundment of the animal to safeguard the safety of the animal, other animals
orthe public safety.
E. When in the hot pursuit of an animal:
1. When the animal has been runnin at large on any highway or road or other
public property, or on private property, and the owner thereof has. requested that
the animal_ be apprehended,
2. When any dog is trespassing on private property and is liable to. cause damage to
livestock, other animals or other property,
3. Provided, that if consent is denied for entrance on the property by the owner or
occupant thereof; the animal control officer shall obtain �a "warrant as specified in
subsection F:of this section. If the owner or occupant: of the property cannot be
;located to obtain hi's consent for' entrance on the property, nothing gin this
subsection shall authorize the entry into a dwelling as de "fined in the Petaluma
Zoning-Ordinance,, except in accordance with subsection F of this section.
F. Except as authorized in :subsections A through 'E of this section; the animal control
officer may enter upon private property only upon obtaining an inspection warrant as.
authorized by California, Code of Civil Procedure Section 1822.50, et seq., or a search
warrant from a court of competent jurisdiction authorizing the entry.
CHAPTER 9.08
ANIMAL KEEP.,ING. AND OWNERSHIP
9.08.010 ' Ownership.
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It is permitted that any person who signs an application,for a license or permit for
• any animal pursuant to, this title is the owner of the animal or animals .described in the
application. Applications shall be signed by persons eighteen years of age or older.
9.08.020 Commercial Kennels and Cattenes.
No person shall keep a private or commercial kennel or cattery, as those terms are
defined in this Title,, as:'within the city limits except in zone . districts in which commercial
kennels and cattenes are permitted by the restrictions and requirements of that ordinance.
9.08.030 Beehives and Swarms Prohibited.
It is unlawful for,any person to keep or maintain withinAhe city limits any swarm
of bees or hive as defined in Section 9.04.020. The keeping or maintaining within city limits
of any swarm of bees or hive constitutes a public nuisance.
9.08.040 Keeping Live Hogs Prohibited.
It is .unlawful for any person ,to keep any live hog or other swine within the city
limits for a period of timer longer than twenty - four.. hours, except as provided in Section 5.409
and 6.410 of the zoning. ordinance. Keeping a hog within the city limits in excess of twenty -
four hours constitutes ;a public nuisance.
9.08.050 Keeping Domestic Birds
It is unlawful for any person to keep on any premises in the City any domestic;
bird' as defined in Section 9.04.020; unless ;such 'birds are kept in an enclosure. No part of
such enclosure shall be within twenty five °feet of any dwelling „houses occupied by human
beings other than the person's own dwelling; provided-, however,, that a domestic bird' maybe.
kept temporarily at a pet shop or other place of business for purposes& of sale.
9.08.060 Sanitation offB'rrdEnclosures.
It'is unlawful for any person to keep domestic birds; on any premises, unless coops
and enclosures in which such birds are kept are maintained in a. sanitary manner and are
regularly cleaned at least once each week, in order to prevent any accumulation of manure or
offal. Violation of-'this, section constitutes,a public nuisance.
5.
a
Dog Shelters and Other Animal Enclosures.
It is unlawful for any person to maintain any animal on his prerriises .in a manner
so as to cause the accumulation of manure, offal or feces, which cause the attraction of flies
or vermin, or create smells which interfere with the use and enjoyment of any neighboring
properties. All yards and other enclosures in which dogs or other animals are kept shall be
maintained in. a sanitary manner and regularly cleaned at least once a week. to prevent the
accumulation of manure, offal or" feces.
9.08:090 Location of Dog Shelters and Other. Animal Enclosures,
All. dog Lshelters, domestic fowl enclosures, pens and other animal enclosures shall
comply with the location requirements specified in the Petaluma Zoning Ordinance.
9.08. l 00 Straying of Domestic Birds or Livestock.
It .is unlawful for any owner and %or°possessor of any domestic bird. or livestock to
suffer or permit the same to stray from premises and to. enter or remain on public property
including, any highway or- street, or onto private property whose owner or occupant has not
provided permission for entrance-upon his premises. The owner and/or possessor of such
animals shall be liable to the City for the salary, costs and expenses incurred by the City in,
restraining; capturing or rescuing domestic birds or livestock which have strayed from the
premises of the ,owner /possessor thereof.
9.08.110 Entry of Dog on Premises Maintaining Livestock or Fowl.
No owner and/or possessor of a dog shall suffer or permit the dog to enter upon
the premises of another person where livestock or domestic fowl are maintained without the
consent of the owner of occupant of the premises.
9.08.;1 -20 "Confinement of Dog during Heat.
Any person owning and /or possessing a female unsprayed dog in heat shall.
securely confine the dog within an enclosure, unless the dog is under the immediate physical
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restraint of its owner and/or possessor to prevent unplanned access by male dogs or attraction
of male dogs in the vicinity.
9.08.130 Animals at Large_
A. It is unlawful for any owner and/or possessor of any animal to suffer or permit such
animal to be at.large as defined .in this section. Violations of this section are subject to
citation and the animal at large is subject to impoundment. as authorized by Chapter
9.28.
B. In the case of dogs, "at large" means a dog that, is not on the premises of its owner and/or
possessor or the premises of another without permission, of the owner or occupant
thereof, or not under,physical restraint by a person capable of controlling the dog be
means of a leash not exceeding six feet in length. This definition shall not apply to:
1. Guide k seryice.,dogs while performing their duties for blind, hearing impaired
and physically disabled people
2. Dogs participating infield or obedience trails 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.
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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 veterinar'ian'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: Recidivism. Any unsterilized , dog over six months of age which is impounded a second
time for being "at large" in violation of the requirements of section 9.08.120 shall be
spayed or neutered at the owner's expense within fourteen days of redemption. Written
verification from the veterinarian performing the surgery shall be provided by the
owner-to the AnirnalSery ces.manager within seven days of surgery.
9:08.140 Unlawful Conduct.
A. No person shall refuse to present any animal located on.�his premises for inspection by
an animal control officer acting within the scope of his authority under, this title, any
other provision of this code, the Petaluma Zoning Ordinance �or the laws of this state
when so directed by the officer:
B. No person. shall refuse to exhibit to an animal control officer acting within the scope
of his authority under this title, any other provision of this code, the ,Petaluma Zoning
Ordinance or the laws of this state any dog license or tag, or rabies vaccination
certificate which- is in his possession when so directed by the officer.
C. No person_ shall. knowingly interfere with obstruct or hinder an y animal control
officer in the discharge of any of the duties: imposed upon such officer pursuant to this
title, any other provision of this code, the Petaluma Zoning Ordinance or the laws of
this state.
8.
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9.08.150 Animals and Vehicles.
A. No owner and /or possessor of a dog or other animal shall lave the animal in a motor
vehicle without adequate weilfflation, or in such ,a .manner as to expose the animal to
extremes of heat and cold. They animal control officer may remove and impound an
animal from, a ve s hicle if the animal' safety appears, to be in immediate danger from
eat or cold or" 4ack.of adequate ventilation'
B. No owner and /or possessor of a dog? or other animal shall transport the animal on any
public street or highway in a , motor wehicl_e unless the animal is safely enclosed within
the vehicle or protected 'by .'a container, cage rope, chain or other device capable of
preventing the animal from falling from or jumping.from the vehicle.
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A. No owner
or person otherwise having an animal in h sl care, charge, control, custody or
p
ossession, ,except a ' person using an assistance° dog, shall permit or allow any
animal to o any ofthe.followi
n an public street or other public roperty without 'immediately
1. Defecate o y p p p
cleaning or , removtng the excrement to a proper receptacle.
I Defecate, on any[private property other than of its owner; without the consent of
the :owner, lessee or other person in control of the private property.
IN
D. It is unlawful, for the owner and /or possess of an' animal to fail to °relinquish the
animal to the animal control officer for impoundment when,impoundment of the animal
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B. Any person .owning or otherwise having an. animal in his care, charge, control, custody or
possession :on any public street or .other public property shal'1 carry, a tool or device to
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9.08.190 Selling or Giving Away of Animals is Prohibited.
No person, shall publicly sell, offer for sale; barter, give away or display for sale any
animal within the city limits, except as follows: This section shall not be construed to
P ro i it the s p y dog, cat or any other animal by pet stores engaged in the
business of selling. t llinhemnnor hall this section be construed to, prohibit the sale or ; gift . of a
pet; or its offspring, by the owner or family of the owner, from or on private agricultural, or
residential property;,-nor shall this section prohibit such display or sale from or on the
premises of an animal shelter or other animal organization.
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9.12.010 Permit for Livestock Required:
A. It is unlawful to, maintain, any livestock as defined .in Section 9.04.020 within city
limits without first)obtainng a:permit therefore from the animal control officer.
B. Exceptions: Any person who has been previously, 'issued a livestock permit by the
City pursuant to former Section 9.04.070 of this code shall not be required to apply for
a new permit by the City pursuant to former Section 9.04.070 of this code shall not be
required to apply for a new permit unless the owner seeks to maintain on his premises a
type of animal not authorized by the livestock permit; .animals in greater numbers than
authorized by the livestock permit, seeks to change the location where the animals are
maintained or .seeks to transfer the ,permit" to another. The provisions of this Chapter
9.12 shall otherwise apply to persons Who have previously been issued a livestock
permit by the City.
9.12.020 . Permit Application.
A. The. application ;for a livestock permit shall be made :on a form prescribed by the
animal control officer and shall include the following information:
. The name(s) and addresses) of the owner(s) of the livestock;
2. The maximum number and kinds of livestock to be maintained;
3. The locatioi!and facilities where the livestock will be kept;
4. Whether any previous livestock permit held by the applicant or a co -owner has
been revoked orsuspended by the City;
5. Such further information as the animal control officer may require to determine
whether to grant or deny;,the permit pursuant to Section 9.12.030.
B. The a 1icat
pp ion shall be transmitted to, the director of community development and
planning to, determine whether the proposed used. of property is'in compliance with the
Petaluma Zoning Ordinance.
C. The animal control officer may conduct an inspection of the property where the
livestock will be' maintained prior. to granting. the permit.
9.12.030 ' Issuanc_e of a Livestock Permit.
A. The animal control officer - shall grant or, deny a livestock permit application, no later than
thirty days after receipt of a completed application. The decision granting or denying
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`LIVESTOCK PERMITS
such application shall be served in person or by mail. The animal control officer shall
grant the application unless it is. determined that any of the following. conditions exist:
1. The _applicant . or a co -owner has had a livestock permit revoked by the City
within the last year, or a prior livestockpermit is currently suspended;
2. The applicant hasmade a material misstatement on the application;
3. The maintenance of the livestock at the location set `forth in the' application
would violate one or more provisions of this code, the Petaluma Zoning
Ordinance or the laws of this state;
4. The livestock-will not be maintained within the boundaries of a'lawful fence'as
defined in California Food and,Agricultural Code Section 17121..
B. The permit issued, shall be valid. only for the maximum number and. types of animals
described, in thel application. The permittee must apply with the animal control officer
for an amendment to the permit if he desires to maintain additional or different types of
animals on the premises.
C. The permit issued under this 'section may only be transferred upon application and
approval o the animal control officer.
D. The animal control officer may impose conditions on issuance of 'the permit necessary to
insure compliance with any, provisions of .this code, the Petaluma Zoning, Ordinance or
the laws of this state, and to protect the health "and safety of the public ;and animals
involved.
9. 12.040 The applicant of Livestock Permit Denial.
may :appeal the "denial of a permit application ot'vermit condition
by filing a written appeal with the City Clerk stating the reason the applicant believes the
denial or, permit condition was° improper. The appeal shall be heard by the City Council. The
City Council may affirm modify or overrule the decision of the animal control officer. The
decision of the City'Council shall be final.
9.12.050 ' Livestock. Permit Revocation or Suspension.
A. The -animal control officer may ,revoke or suspend a livestock permit issued pursuant to
Section 9.12.030 for any of the following grounds:
1. The applicant has made a material misstatement on the application;
2. The permittee is in violation of any provisions of this, code, the Petaluma
Zoning Ordinance or the laws of this state;
3. The permittee is in violation of the terms and conditions; of the, livestock permit;
4. The livestock are not being maintained within the boundaries of a lawful fence
as defined in California Food and Agricultural Code Section 17121.
B. Notice of the renovation or suspension, stating the grounds therefore, shall be served in
person or by mail on the . penmittee.
C. The revocation or suspension shall become effective ten days after service of a notice .
thereof unless the permittee files an appeal to the City Council with the City Clerk.
The revocation or suspension shall be stayed pending a decision by the City'Council on
the appeal. The City Council shall determine whether to affirm, modify or 'overrule the
decision of the animal control officer. The decision of the City Council shall'become
effective ten days after the City Council's determination.
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9.12.060 Permit. Fees.
Fees for the, processing and investigation of permits issued pursuant to this
chapter shall be determined by City Council resolution,
CHAPTER 914
ANIMAL PERMITS
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DOG LICENSES*
*(Editor's Note: For-statutor y provisions regarding the 'authority of a city to impose. license fees,
see Gov: Code §38.792.
9.16.010 Dog; License Required.
Every person owning a dog which is harbored within the City shall obtain a
license.as follows:.
A. Within thirty days after the dog reaches the age of four months;
B. Within thirty days of becoming a resident of the City if a license `is otherwise
required under this° section. 10
IS
9:46:020 License Requirements,not Applicable to Certain Dogs.
The provisions of Section 9.16.01,0,' not apply to any of the following:
A. Any dog, 'brought into the City for the purpose, of participating in any show,
exhibition, field trail or competition scheduled not more "than thirty days thereafter;
B. Any dog brought into the City of :receiving veterinary care in a veterinary
hospital, providing that the dog is confined at all times to the hospital;
C. Arid dog � owned or 'in possession of ,a nonresident of the City which is to be
maintained in,the Cityfor;a period not exceeding: thirty days;
D. Any guide ouservice dog actually being used to -assist a blind, hearing impaired or
otherwise.physically disabled person;
9.16.030 License fee and license issuance.
The license fee ands 'any late registration charges 'shall be in the amount
.established by City Couticil.;resolution. The license shall be issued Ito the dog owner upon
payment of the current license fee and proof of current rabies vaccination.
9.16.040 Fee Ref aids.
No refunds shall be made, on any dog or cat license because of the death of or
other loss of the dog, orthe owner leaving the City before the�expiration of the license.
9.16.050 License, Duration:
All initial licenses .shall be issued for a period commencing on the date. of
issuance and .shall expire on the anniversary date that the rabies vaccination was
administered. Renewals are due: within 30, days of the "anniversary date of the rabies
vaccination.
9.16.060 CurrentRabiesVaccination Required:
No license shall. be issued unless evidence of current rabies vaccination is
presented to Arumal,Services unless thei dog. is exempted from the vaccination requirements
by the laws ofthis state.
9.16.070 Issuance of License Tag:
A er
p metallic license tag shall `be issued with the initial dog license. The
riianent,
tag -shall bear an identification number.
9.16.100 Transfer of Tag Prohibited.
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Whenever a, license tag is., lost or damaged, the owner shall apply for and secure a
replacement fiom Animal Services upon payment of the prescribed fee.
License tags shall not be transferred from one dog to another.
9.1.6.110 Change of address or ownership.
The address of the owner is presumed to be the address where the dog is kept.
The owner of a licensed dog shall report any change of address to Animal Services no later .
than.thirty days following a change of address. The owner of a licensed. dog; shall "report the
transfer of ownership or custody of the dog no later than thirty days after the change occurs.
9.16.120. Presentation.of License on Request. '
The owner and/or possessor of the dog shall retain the printed dog license for the
year it was issued.for inspection upon request by Animal. Services.
9.16.010 Vaccination.Required.
It is unlawful, for the owner and/or possessor' of a dog- over four months of age to
maintain the dog or cat within the City if such dog has not been vaccinated for:rabies by a.
veterinarian. This requirement shall not apply to any dog -which ;is leXenipted from the
vaccination requirement by the laws of this ,state.. Revaccination shall be made at such
intervals of time as may be prescribed by the laws and regulations of this state
9'.16.130 Impoundment of Unlicensed,.Dog .
The animal control officer may take up and impound, any dog which .is off the
premises of'its owner without a current license tag on its collar; harness or: other device. The
animal control officer shall not impound any dog which is exempted from the license /tag
:requirements by this Chapter 9.16.
CHAPTER 9.20
RABIES CONTROL*
*Editor's Note : For statutory provisions regarding rabies control, see Health & Safety code
§ 1900 et seq.; impounding of dogs, see Agriculture Code 101 et seq.
9.20.010 Vaccination Required.
It is unlawful for the owner and /or possessor of a dog over four months of age to
maintain the dog or cat over four months of age to maintain the dog or cat within the City if
such dog has ;not been.. vaccinated. for rabies by a, veterinarian. This requirement shall not.
apply to any ,dog which is exempted -from the vaccination requirement by`the laws ,of this
state. Revaccination shall; be made at:such intervals of time as may be prescribed by the laws
and regulations. of this state.
9.20.020' Dogs to be Kept on Owner's Property.
All dogs under four' months of ,age shall be confined to thel premises of, or kept
under physical restraint by its owner and/or possessor.
9.20.030 Animals Suspected of Having Rabies.
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Any person having .knowledge of the whereabouts of an� animal or animal carcass
of an animal known to h,ave�or suspected of having rabies shall *immediately notify the animal
control officer.
9.20.040 Unlawful to fail to disclose loeation,of rabid animal.
It is unlawful for any person having knowledge of the whereabouts of an animal
or carcass . of having rabies to .refuse to disclose the location or identity of the
animal upon demand thereof from an animal ,control officer.
p g . and..Impoundriment
9.20.050 Re ortin Animal; Bites - -- Examination
person. Any a has.knowle g e of a. dog, cat, skunk, raccoon, bat; or other animal .11
subject to rallies b'tm
g shall re ort such incident,, to an animal control officer. Any
animal which bites or'°otherwise "exposes a person or other animal, shall,, in the discretion of
the animal control, officer, `be :examined and /or 'impounded "as provided by the laws of this
state and Chapter 928. of this code.
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IMPOUNDMENT
9 28 010 Care of Impounded Animals.
Anunal Services shall ensure that all 'impounded receive suitable and adequate
food, water, and shelter.
9.28.020 Registry of Impounded. Animals.
Anunah ,Services shall maintain a registry of impounded ' animal describing the
type, sex and other identifying characteristics of the animal, the date of impoundment, if
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licensed the license number of the dog, the name ofthe person /redeeming or purchasing the
animal, and_any fees or charges paid.
9.28.030 Fees for Redemption. and Care of Animals. .
Fees for redemption, care and feeding of animals shall be set by City Council
resolution. Greater "redemption fees shall be charged for animals redeemed "two or more
times.
9.28.040. Suspected Rabid Animals Examination and Impoundment:
The animal_ control officer shall seize, any animal which there is reason to believe
is infected with. rabies; and; take that animal to a veterinarian, for examination. If the
veterinarian determines that the animal, may be ,infected with rabies, the animal control
CM on a anima 's owner shall: be charged for all costs incurred 'or fees applicable,
:respect to, the,examination, confinement, or impoundment.of the,animal.
9.28.050 Grounds. for Impoundment.
A. Animals;at. Large! The animal control' officer. may seize, and impound anwanimal which is
at large as defined n'Section'9.69.120. A dog that has strayed but;then returned
to the private property of its owner' and/or possessor .shall not be seized or impounded
nieretv a violation of Section 9.08.120. In such a case, a citatioii for such. violation:
may be issued; provided,,.however, that the owner:and/or,possessor is not at home the
dog may be :impounded, but, the animal control officer shall post a notice of such
im e oundment on,L the front door of the owners and/or possessors dwelling. Such
notice shall contain the information required by the California Government Code
Section 53074.
B. Except as provided in subsection A of thin section, an animal may be impounded for
violation of any provisions of this title, or the laws of this state,, in .accordance with the
procedures specified in Chapter 9.28.
928.060 Procedures_for Impoundment:
A. Except as provided n Section .9.28.070, the animal control officer may not seize or
impound an animal without the consent of the owner and /or possessor,, unless a pre-
impoundment notice is provided in accordance with subsection B of this section.
B. At least five days prior to the date of impoundment the owner and /or possessor of the
animal shall 'be served in person or by mail' with a notice that his /her animal will be
subject to impoundment on or :after a specified date. The notice shall ;state that the
owner and/or possessor may request hearing before the animalhearing officer priorto
the date for .impoundment specified in the notice. The filing of a, timely appeal shall`
stay the impoundment of the animal until, the conclusion of "the hearing.
C. Whenever a timely appeal is filed the animal hearing officer shall conduct a Pre-
impoundment hearing, to determine whether impoundment of the animal is authorized
under this title: The decision of the °animal hearing officer shall be based on the weight
of the evidence and shall be final. The owner and /or possessor of the animal shall' be
given notice of the decision in person or by mail.
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D. Whenever the owner and/or possessor of an animal, is served -with an abatement order
pursuant to Section 9.08.180 governing animal noise or Chapter 9.24 governing
potentially dangerous and dangerous animals .the .notice of. impoundment may be
incorporated within the abatement order. A heanng pursuant to: Chapter 9.24 before the
hearing officer, shall also constitute the pre-impoundment hearing specified in
subsection C of this section.'
9.28.070 Procedures, for Immediate Impoundment.
A. The animal control officer,may immediately seize and impound an animal for violation of
this title or the laws of this state without - providing, a pre - impoundment notice of
hearing under the following circumstances:
1. The owner., and/or: possessor of 'the animal provides consent for the
impoundment;
2. The animal' is at large and immediate impoundment of the animal is authorized
under. Section 9.28:050(A);
3. The animal control officer has reasonable grounds to believe that the animal
may be rabid;
4. The animal control officer has.reasonable grounds to believe that the animal is a.
potentiallydangerous'ioi dangerous animal as described in Chapter 9.24;
5. To protect.an ariimal which,.is injured; sick,, starving or suffering from heat, cold
or confinement; - which is in need,of,immediate, care;
6. When immediate, seizure is necessary to protect ;from. injury any animal which
has strayed onto a,public street or highway or other public place;
7. When the animal control officer :has :reasonable grounds to believe that
immediate: impoundment °is necessary to protect the public health or safety of
any person or animal.
8. Pending an administrative .hearing pursuant to Chapter 9.24 or any judicial
proceeding.
B. The animal control officer shall within twenty four hours 4 the impoundment serve
notice of impoundment either m`wntuig or verb`ai�i . to the owner and/or possessor of
the animal pursuant to Section 9.32.020. The notice shall state:'
1. The date and location of,impoundment
2. The location . where the animal is impounded;
3. The grounds for impoundment;
4. The period the animal will. be held pursuant to Section - 9.28.080 before being
humanely euthanized or otherwise disposed of;,
C. In lieu of impounding and:if not contrary to ,public safety,, the animal control officer may
permit ;the animal, to be confined at the owner's expense in an anima
approved: do l control officer -
g kennel or v
, eterinary.'facility or at�the owner's. residence °the owner:
1. Shall .not remove the animal from the kennel veterinary facility, or residence
without the -prior written approval of the animl control officer; and
2. Shall make `the animal available for observation and inspection by the animal
control officer or members of law enforcement or their authorized representatives.
The .arurrial control officer shall 'dictate to the owner or custodian the exact way
the animal is to be restrained while awaiting the hearing.
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D. The owner , may request a hearing if he /she believes that the impoundment was unlawful
by filing a written appeal with the animal control officer.
E. If an appeal hearing is - requested, it shall be conducted in accordance with the
procedures specified in Section 9.28.060(c) and shall be scheduled no 'later than five
days .after the date the - appeal" was filed. The animal hearing, officer shall determine
whether the impoundment was authorized under this title. If the impoundment is found
to be unlawful, the animal shall be released forthwith to the owner, and the costs of
impoundment shall be borne by the City.
9.28.080 Holding Period dfor Animal.
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 mcluding thex`day of unpoun`dment;; and be disposed of as required by
Section 17003 o 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
1`70.03 of the California Agricultural Code..
D All other animals shall -be maintained, a - minimum of four business days meludmgF the
day of inpoun'dlnent ! the owner, and the costs of impoundment "shall be borne by the
City:
9 28 090 Dispositi
_._.. __....... ...,...�. ... .:t.. ,:.:.�i ,. ...l._ .��.I... .. ..::11 ..� .:.. . .... ..f..���
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.
9.28.100 Summary Euthanization of the Animal.
for the holding Seiviegs inay cause: an impounded animal to be destroyed without waiting
g period specified in Section 9:28.080 to expire, when such animal is severely
injured, or infected with a dangerous or communicable disease: Amoral Seivlces' shall make
a reasonable effort to notify the owner of the animal, if known, prior to the euthanization of
the animal.
9.28:110 Redemption of "Animal by "Owner.
A. The owner of an impounded' animal may redeem the animal at any time prior to its
other permit required l under this title, i d en tification, obtaining a dog or cat: license or
le gal P y`p g prop
d paying all fees and charges for the care,
feeding and veterinary treatment of the animal. If the owner fails to pay the required
32
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i fees or charges, ok'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. Anurial nServices may retain, an imOQund6d7 animal for purposes of investigation or
prosecution of any violationsof 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
I dS � t nt Y' f L 1 °P k y+i, f �{ p -> t
made shall be borne by the City unless rthe continued impaunciments ofsffie biii
pheldhz byre }th'e bfeer l 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 workingdays. 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;
3 3
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 atiap o shall be set by the
City Council and posted :at theshelter.
Section 2 .. Severability. If any section, subsection, sentence, clause or phrase Lor word ofIthis
ordinance is for any reason held to be unconstitutional', unlawful or otherwise invalid by a, court
of competent jurisdiction, such decision shall not- afka4he 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
anyone or more of said provisions be declared unconstitutional, unlawful or otherwise invalid.
Section 3 . Effective Date. This ordinance shall become effective thirty (30) days after
the date its adoption by the Petaluma. City Council.
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Section 4 . Posting. The City Clerk is hereby directed to post this ordinance for the
period and in the manner required by the City Charter.
INTRODUCED and ordered posted/published this day of October, 2003.
ADOPTED this day of , 2003 by'the following_ vote:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk.
689882_2
Mayor
APPROVED AS TO FORM:
City Attorney
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