HomeMy WebLinkAboutAgenda Bill 3.D-Ord 06/07/2004„
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EFFECTIVE DATE OF`
ORDINANCE
ORDINANCE NO. 2 N.C.S.
Introduced by
Seconded by
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
REPEALING IN ITS ;ENTIRETY THE EXISTING TITLE 9, "'ANIMALS,
AND ADOPTING NEW TITLE 9, "ANIMAL REGULATIONS”
BE IT ORDAINED BY'THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Title 9, ''Anirhals," is hereby repealed 'in its entirety.
Section2. New Ti;fle 9, ` "Animal Regulations, is hereby added to the Petaluma
Municipal _Code as follows:
TITLE 9
ANIMALS REGULATIONS
Chapter
General Provisions and Definitions
Chapter 9.08
Animal Ownership and Keeping
Chapter 9.12
Livestock Permits
Chapter
Animal Permits
Chapter 9.16
Dog Licenses
Chapter 9.20
Rabies Control
Chapter;9..24
Potentially Dangerous and Dangerous Animals
Chapter 9.28
Impoundment
Chapter 9.32
Enforcement;, Penalties and Notice
CHAPTER 9.04
GENERAL PROVISIONS AND DEFINITIONS
9.04.020 Definitions.
As' "used in,this title, unless the context clearly indicates otherwise, the
following deffni.tions 'shall' apply.
A. ".Animal" means any nonhuman mammal, bird, reptile, amphibian or fish
including, but not limited to clog, cat, horse, goat, sheep and chicken and all animals
defined in California Penal Code Section 597.
Ordinance No. 2185 N.C.S. Page 1
1 B. "Animal control officer" means the person appointed by the City Manager as
2 animal control officer and any designated assistants, any peace officer and any
3 designated police department employee.
4
5 C. "Animal Services Manager" or "Manager-" means the person appointed bythe
6 City Manager whose duties include, but are not limited to, the enforcement of this Title
7 and the management of day -to -day operations of the City operated Animal Services
8 Department.
9
10 D. "Animal hearing. officer" means the Animal Services Manager I or person(s)
1 1 appointed by the City Manager to conduct all hearings authorized by this title.
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13 E. "Bee" means a honey- producing insect of the species Apis Mellificia, including
14 the adults, eggs, larvae, pupae and other immature states thereof.
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16 F. "Beehive" means any receptacle or container made for use bfl bees, or box or
17 similar contd.iner of which bees have taken possession.
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19 F. "Domestic Birds" ;means any of a class (aves) of domestic warm - blooded
20 vertebrates distinguished by having the body or less completely covered with
21 feathers and the forelimbs modified . as wings.
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23 H. "Cat" means a domestic cat (Felis catus). Cats are the personal property of their
24 owner.
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26 I. "Impound" means to take into custody by the animal control officer as
27 authorized by this title.
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29 J. "Commercial Kennel or Cattery" means any premises except veterinary
30 hospitals, animal shelters or private kennels where five or more dogs, four months in age
31 or older or seven or more cats four months of age or older are kept for commercial
32 purposes.
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34 K. "Hobby Kennel or Cattery" means any place or premises on which five or more
35 dogs or seven or more cats over four months of age are owned and kept'by the owner
36 or occupant for personal, noncommercial purposes, including, but not limited to
37 hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, or
38 enhancing or perpetuating a given breed, other than dogs used in conjunction with a
39 legal, agricultural. operation on the lot or premises. No hobby kennel operator shall.sell,.
40 display, offer for sale, barter or give..away more than one litter of puppies and or kittens
41 in any calendar
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43 L. "Feral cat" means any free roaming domestic cat that fears and generally does
44 not voluntarily accept human handling.
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46 M. "Dog" means domestic dog' (Canine familiaris) of any age and either sex.
•
Ordinance No. 2185 N.C.S. Page 2
I N. "Livestock". includes but is not limited to horses, mules, jacks, cows, cattle, goats
2 or sheep that do not customarily inhabit their owners' dwellings, Includes but not
3 limit
ed'to Bovine, caprine, Equine, Ovine and Porcine:
4
Owner
5.. O. " mean s any person over eighteen years, of age owning, keeping,
6 harboring or having custody'of, or possession of, any. animal. An animal shall be
7 deemed to be harbored if it is fed or sheltered for thirty or more consecutive days. This
8 definition shall not apply'to a .veterinarian in the regular practice of his profession as to
9 any animal in his 'possessi'on while being treated or cared for. This definition shall not
10 apply to an operator of a rcommercial kennel as to any animal that is being boarded in
11 the regular practice of.his business,,
12
13 P. "Person" means and includes any individual, firm,,,;partnership, corporation, or
14 association of persons..
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16 Q. "Pet shop" means a premise: wherein pet animals are kept for purposes of
17 wholesale or retail sale, exchange or hire to the public. "Pet shop" does not include
18 any place where pet animals are occasionally sold. "Pet animals" means dogs, cats,
19 rabbits; monkey and other primates, birds, guinea pigs, hamsters, mice, snakes,
20 iguanas, turtles and .any other,species of animal sold or trained for the purpose of being
21 kept as a household pet.
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23 R. "Possessor" means any person other than the .owner of an animal who has lawful
4 custody or possession of fhe animal.
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26 S. "Premises" means and includes any dwelling, building, real property, vehicle
27 vessel .or part thereof,
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29 T. "Served by mail" refers to,service by registered,, certified and /or first -class letter.
30 The date the letter is posted in the mail, shall constitute the date the letter was served by
31 mail.
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33 U. "Veterinarian" means a person licensed to practice veterinary medicine by the
34 state of California.
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36 V. "Veterinary hospital" means a premises operated by a veterinarian for the
37 treatment of diseases and injuries to animals.
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39 W. "Rabies Control Act means and refers to California Health and Safety Code
40 Sections 1 900 and'- sections governing the identification, quarantine and
41 control of rabid animals.
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43 9. 04.030 Duties and Powers of Animal Control Officers.
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45 A. Animal control officers shall exercise all powers and, have all the duties of public
46 officers, as is provided °in Section 836..5.of the California Penal Code, and shall have the
0 7 power to arrest a person without warrant when such officer has reasonable cause to
48 believe that such person has committed a violation of this title, or any other provision of
Ordinance No. 2;1,85 N.C.S. Page 3
1 this code, the Petaluma Toning Ordinance or the laws of this state relating to the care,
2 control and keeping of animals. Animal control officers may arrest any person upon a
•
3 warrant issued by a court of competent jurisdiction.
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5 B. Animal control officers shall enforce all the provisions of Title 9, and any other
6 provisions of this code; the Petaluma Zoning or the laws of this state relating
7 to the care, control and keeping of animals and investigate complaints.,of violations
8 thereof. Animal control officers are authorized to °issue warnings or citations of 'the
9 aforesaid ordinances and state laws.
10
11 C. Animal ,control officers shall enforce the California Rabies Control Act. and
12 provisions of this -title relating to rabies control.
13
14 D. Animal control officers shall assist in the operation of Petaluma Animal Services.
15 This section shall not, however, prevent the City Council from contracting with an
16 organization for the operation of animal services on such terms and:subje&to. such
17 conditions as -the City Council determines.
18
1'9 E. Animal control officers shall issue all licenses and permits, and collect all fees: and
20 charges as authorized by this title.
21
22 F. - Animal control officers may seize, impound', and humanely destroy any animal
23 when authorized by provisions of this title or the laws of this state. relating to the care,
24 control and keeping of animals. •
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26 9.04.040 Right of Entry for Enforcement.
27
28 For the purposes of enforcement of the ordinances and laws specified in
29 Section 9.04.0308; an animal control officer may seek entry upon private property., If
30 the property. is occupied, the animal control officer shall identify himself /herself, request
31 entry, and .explain the reasons thereof. If, the property appears to be unoccupied, the
32 animal control officer"shall make a reasonable ef fort 'to locate the owner or occupant
33 thereof. The animal control officer may enter'property, without first securing a warrant,
34 under the following :circumstances and conditions:
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36 A. When authorized by the laws of this state;
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38 B.' With the express permission of the owner or occupant of the property;
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40 C. When there is probably cause to believe that any rabid animal is present Upon
41 the property and there is an immediate hazard to the animal, other animals or the
42 public safety;
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44 D. When there is probably cause to believe that the keeping or maintaining of the
45 ani'm'al on the private property is so hazardous -or dangerous as to require immediate
46 inspectio- n and /or impoundment of the animal to safeguard the safety of the animal, .
47 other animal's or the public safety.
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Ordinance No. 2185 N.C.S. Page 4
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E:. When in the hoof. pursui't;o.f an
1. When, the animal
has been °cunning :at,large on any highway or road or
other'public property, or on private, property and the owner thereof has
requested that the animal belapprehended,.
2. When any .d'og'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 Joe located to obtain his consent.for
entrance on the property, nothing ;gin this subsection shall authorize the
entry into a dwelling as'defined in the Petaluma Zoning Ordinance,
except in accordance with subsection P of his section.
F. Except as authorized in, subse' Lions 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 :Procedure Section 1822.50, et seq., or a search
warrant from a court of cpmpetent.jurisdiction authorizing the entry.
CHAPTER 9.08'
ANIMAL KEEPING AND OWNERSHIP
9.08.010 Ownership.
It is permitted tha',t�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 Catteries.
No, person ,shal[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 ;gatteries are permitted, by the restrictions and requirements of
that ordinance.
9.08.030 Beehives and Swarms Prohibited.
It.is unl:awful'for any person to keep or maintain within the City limits any
swarm of bees or hive as , d'efined in Section 9.04.020. The keeping or maintaining within
City limits of any swarm bf bees or hive constitutes a. public' nuisance.
Ordinance No. 2185 N.C.& Page 5
1 9.08.040 Keeping Live Hogs Prohibited. •
2
3 It is unlawful for any person to keep any live hog or other swine within the
4 City limits for a period of time longer than twenty =four hours, except as provided in
5 Section 5.409 and 6.410 of the zoning ordinance. Keeping a hog within the City limits in
6 excess of twenty -four hours constitutes a public nuisance.
7
8 9.08:050 Keeping Domestic Birds.
9
10 It is unlawful, for any person to keep on any premises in the City.any
11 domestic bird ass defined in Section 9.04.020, unless such birds are kept in an enclosure.
12 No part of such enclosure shall be within twenty -five feet of any dwelling houses
13 occupied by.human beings other than the person's own dwelling; -provided ,.'however,
14 that a domestic bird may be kept temporarily at a pet shop or other place of business
15 for purposes of sale.
16
17 9.08.060 Sanitation of Bird Enclosures.
18
19 It is unlawful' for any person to keep domestic birds on any premises, unless
20 coops and enclosures in which such birds are kept are maintained in a sanitary-manner
21 and areregulorly cleaned at least once each week, in order to prevent any
22 accumulation of manure or offal. Violation of this section constitutes .a public nuisance..
23
24 9.08.070 Birds,, Rabbits, Rodents and Reptiles: Maximum Number
25
26 No person shall keep or have upon any premises owned, occupied -or°
27 controlled by him /her within the City, domestic birds, rodents or reptiles exceeding at
28 any one time 'twenty in; number.. Such number shall be ,construed to mean twenty in the 1
29 aggregate or total of number of such animal, regardless of the particular'kind or age of
30 the animal. No person shall keep or have upon any premises oWned, occupied or
31 controlled by him /herwithin the City at any one time twelve or more rabbits.
32
33 9.08.080 Sanitation of Dog Shelters and Other Animal Enclosures.
34
35 It is unlawful for any person to maintain any animal on: h. is premises in a
36 manner so as to-cause the accumulation of manure, offal or feces, which cause the
37 attraction of flies or vermin, or create smells which interfere with the use and enjoyment
38 of any neighboring properties. All yards and other enclosures in which dogs or.other
39 animals are kept shall be maintained in a sanitary manner and regularly cleaned at
40 least once a week to prevent the accumulation of manure, offal orfeces.-
41
42 9.08.090 Location of Dog Shelters and Other Animal Enclosures.
43
44 All dog 'shelters, domestic fowl enclosures, . pens and other animal
45 enclosures shall comply with the location requirements specified in the Petaluma Zoning
46 Ordinance.
47
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Ordinance No. 2185 N.C.S. Page 6
0 1. 9.08.100 Straying of Donhestic Birds or Livestock.
2
It is unlawful for any owner and /or possessor of any domestic bird or
4 Livestock to suffer or permit the some to stray from premises .and to enter or,remain on
5 public property, including any, ,highway or streef; or onto private property whose owner
6. or occupant,has not provided permission for entrance upon his premises. The owner
7 and /or possessor of "such animals shall be liable to the:City for the salary, costs and
8 expenses incurred by the City in restraining, capturing or: rescuing domestic birds or
9 'livestock which have strayed from the premises of'the owner /possessor thereof.
10
11 9.08.110 Entry of Dog on Premises. Maintaining Livestock or Fowl.
12
13 No owner and /or possessor of a dog shall suffer or permit the dog to enter
14 upon the premises of ano.ther.person'where livestock or domestic fowl are maintained
15 without the consent of the owner of occupant of the premises.
16
17 9.08.120 Confinement -of Dog during Heat.
18
19 Any person owning and /.or possessing a female unsprayed dog in heat
20 shall securely confine the dog within an enclosure, unless° the dog is under the
21 immediate physical restraint of its owner and /or possessor to prevent unplanned access
22 by male dogs or attraction of+male dogs in the vicinity.
23
� 24 9.08.130 Animals at Large
25
26 A. It is unlawful for any owner and /or possessor of any animal to suffer or permit
27 such animal to be at large as defined in this section. Violations of this section are
28 subject to citation and the animal at large is subject to impoundment as authorized by
29 Chapter 9.28.
30
31 B. In the case of dogs, "of large" means a tdog that is not on the premises of its
32 owner and /or possessor or1he premises of another wi ,houtpermission of the owner or
33 occupant thereof, or not under physical restraint by a person capable of controlling the
34 dog be means of a leash not exceeding sixfeet in length. This definition shall not apply
35 to:
36
37 1. Guide or service dogs while performing their duties for blind, hearing
38 impaired and physically disabled people
39 2. Dogs .participgting in field or obedience trails or' animal exhibitions;
40 3. Dogs assisting their owner and /or possessor in' legal' hunting or the herding
41 of livestock;'
42 4. Dogs assisting a security guard or assisting a ,peace officer engaged in
43 law enforcement duties;
44 5. Areas within, the City specifically set aside and posted for the exercise of
45 anim-als..
46
6 7 C. In the case .of animals other than dogs, "at large" means an animal which is off
48 the premises of its owner and /or possessor while not under the physical restraint of a
'Ordinance ,No. 2185 N.C.S. Page 7
I person capable of controlling the animal. This definition shall not apply to any animal
2 which is on the premises of another person with the consent of the owner or occupant
3 thereof'.
4
5 D. In the case of any animal, "at large" also means an animal which is .tethered,
6 leashed or otherwise present on property which is not owned or controlled by the
7 owner and /:or possessor of the animal without the permission of the owner or' occupant
8 thereof.
9
10 E. In the case of any animal, "at large'" also means an animal which is tethered or
11 leashed on any City street, or other City property not set aside for such tethering or
12 leashing in such a way to block a public walkway or thoroughfare.
13 .
14 F. No person owning or otherwise having a cat over four months of age in his/her
15 possession shall cause, permit or allow such cat to be unconfined in or upon any public
16 street, road, alley or other public. or private place, including the exterior yards of the
17 animal owner's property, unless such cat is spayed or neutered. An animal control
18 officer may seize and /or impound every cat found in violation of this section and shall
19 require owners of the cat to either spay or neuter the cat or to produce a certificate of
20 sterilization signed and dated by a veterinarian which lists the veterinarian's name,
21 clinic's name, address, telephone, license number, pet name, age, breed and
22 adequate description,o.fthe cat. When a person is cited or an animal impounded.
23 under this section, the owner of the cat, if known, shall be notified in writing and given
24 seven calendar days to request a hearing to determine if such sterilization should `be
25 held in abeyance.
26
27 G. Recidivism. Any unsterilized dog over six months of age which is , impounded a
28 second time for being ''at large" in violation of the requirements of section 908.120 shall
29 be spayed or neutered at the owner's expense within fourteen days of redemption.
30 Written verification from the veterinarian performing the surgery shall be provided by
31 the .owner to the Animal Services manager within seven days of surgery.
32
33 9.08.140 Unlawful Conduct.
34
35 A. No person shall refuse to present any animal located on his premises for
36 inspection by an animal control officer acting .within the scope of his authority under
37 this title, any other provision of this code, the Petaluma Zoning Ordinance or the laws of
38 this state when so directed by the officer.
39
40 B. No person shall refuse to exhibit to an animal control officer actingi within the
41 scope of his authority underthis title,, any other provision of this code, the Petaluma
42 Zoning Ordinance or the laws of this' state, any dog license or tag, or rabies vaccination
43 certificate-which is in his possession when so directed by the officer.
44
45 C. No person shall knowingly interfere with', obstructor hinder any animal control
46 officer in the discharge of any of the duties imposed upon such officer pursuant to this
47 title, any' other provision of this code, the `Petaluma Zoning Ordinance or the laws of this
48 state.
Ordinance No. 2185 N.C.S. Page 8
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D. It, is unlawful for,t'.he owner and /or possess 'of an ani'm'al', to fail to relinquish the
animalto the animal control officer for impoundment when''impoundment of the
animal is authorized pursuarit'f a this'fitle, or.the ldws of this,state.
E. Any person who apprehends or picks up a stray or apparently Lost animal shall
report the same to the Animal Shelter wifhin twenty-four hours and shall release such
animal to the owner or to the Animal, Shelter upon.demand. The person shall provide
Animal Services with a complete description of f he animal, its location and a means to
contact the person. keeping the , animal.
9.08.150 Animals and Vehicles.
A. No owner and /or possessor pf a dog or other animal shall lave the animal in a
motor vehicle without adequate ventilation, or in such a manner as to expose the
animal to extremes of heat and cold. The animal' control officer :may`remove and
impound an animal from a vehicle if the animal's safety appears to be in immediate
danger from heat or cold or lack 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 vehicle unless the animal is safely enclosed
within the vehicle or , pro-.tected by a container, cage, .rope, chain' or other device
capable of preventing - the animal from falling from or.jumping.from the vehicle.
9.08.160 Tethering a Dog.'
hour period.
A dog may not be restrained for more than eight' hours in a twenty -four
A. The tether or chain provided must be at least ten feet in length, with swivels at
both ends, and be properly attached to a pulley or trolley'm'ounted on a cable which is
also at least ten feet in length and mounted at least four fee# -and no more than seven
feet above the ground level in a manner so as not to i "nterfere or become entangled
with objects on the property.
B A chain or tether used to restrain the dog must, by design and placement, be
unlikely to become entangled.
C. Any tethering system used shall not allow -the dog or puppy to leave the property
of the owner or possessor.
D. No chain or tether shall weigh more than one - eighth of the dog or puppy's body
weight.
E. Any chain or °te,ther shall be attached to a properly fitting flat collar or harness
worn by the dog or puppy. The use of chain or pinch collars is prohibited.
F. The chained or tethered dog must have constant access to necessary shelter
and water.
Ordinance` No. 21:85 N:C.S.
Page 9
1 •
2 9.08.170 Animal Wastes.
3
4 A. No owner or person otherwise having an animal in his care, charge, control,
5 custody or possession, except a disabled person using an assistance dog, shall permit or
6 allow any animal to do any of the following:
7
8 1. Defecate on any public street or other public property without
9 immediately cleaning or- removing the excrement to a proper receptacle.
10 2. Defecate on any private property other than of its owner without the
1 1 consent of the owner, lessee or other person in control of the private
12 property.
13
14 B. Any person owning or otherwise having an animal in his care;, charge, control,
15 custody or possession on any public street or other public property shall carry a tool or
16 device to be used' for. cleaning or removing animal excrement. This tool or device shall
17 be presented to the Animal Control Officer upon demand.
18
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9,.08.180 Dog Barking and Other Animal Noise.
A. No person shall, keep or permit to rernain'in any premises within thel City any
animal which continuously and Jncessantly 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
ma'king,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 `bythe 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.
-0
Ordinance No. 2185 N.C.S. Page 10
I 1 D. A rebuttable presumption that an animal has continuously and incessantly
2 produced noise constituting a public nuisance shall be deemed to exist when either of
3 the following occurs:
4
5 1. At least two individuals -kom separate residehces sign a declaration
6 under 'penalty :of perjury_ witnessing.to facts indicating a violation of this
7 section; or
8 2. Any law enforcement officer or animal control officer personally witnesses
9 a violation of this section.
10
1 1 F. Such noise constitutes a public nuisance and each day that the animal is
12 suffered or permitted to continue the aforedescribed noise constitutes a separate
13 offense.
14
15 G. Abatement Order.
16
17 1. Whenever the :animal control officer has reasonable cause to believe a
18 violation of this section has occurred, the animal control officer shall draft
19 an abatement order. The abatement order shall summarize the results of
20 the investigation ;and list reasonable conditions ,for abatement of the
21 public nuisance The abatement,order shall be written and shall be
22 provided to . the, owner °and /or possessor pursuant to Section 9.32.020.
23 2. Abatement must be completed within five days of the date of service of
4 the order,. The notice shall state that if. the 'o'wner and /or possessor fails to
25 comply with the order or file a timely appeal, the- animal will be subject to
26 impoundment.
27 3. The owner.and /or possessor of.,the animal may,request a hearing before
28 the animal hearing officer to appeal the: abatement order within ten days
29 of the date of service of the order-pursuant to this. section. A timely
30 appeal shall stay, fhe,.abatementorder until the animal hearing officer
31 rules whether`to sustain,.modify or overrule theorder.
32 4. It is unlawful for the owner /or possessor . of an ;animal to fail to comply with
33 the abatement order unless a timely appeal is and pending in
34 accordance with this "section.
35 5. If after investigation, the owner and /or possessor of the animal cannot be
36 ascertained and located and the; animal control officer reasonably
37 believes that the animal committing the public nuisance has 'been left
38 outdoors without proper supervision ,for twenty -four or-more hours, the
39 animal control officer may impound the animal if continuation of the
40 nuisance Poses an: immediate threat to the health and safety of the
41 animal or public safety. Impoundment shall bey in accordance with
42 the procedures for immediate impoundment specified in Section
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Ordinance No. 2185 N,C.S. Page 11
1
9.28.070.
2
3
H. Appeal.
4
5
1.
Notice. The hearing officer shall notify the owner of the animal that a
6
hearing will be held, at which time the animal control officer and the
7
animal owner may present evidence as to whether the abatement order
8
shall be sustained, modified,, or overruled The notice of the:;appeal
9
hearing shall be sent pursuant to Section 9.32.020. The hearing shall be
10
held promptly within no less than ten working days and, no m ore: than
11
thirty days after service , of'the notice on the owner of,the animal.
12
2.
Conduct of hearing. The hearing officer shall conduct the hearing in on
13'
informal manner and shall afford the owner of the animal an opportunity
14
to present evidence as to why the order should be modified or overruled.
15
The formal rules of evidence shall not apply; however; whenever possible,
16
any complaint received from a :member of the publicwhich serves as the
17
evidentiary basis for the animal control officer to find probable cause;shall
18
be sworn to and verified by the: complainant and attached to the petition
19
filed, by the animal control officer. The hearing officer may admit into
20
evidence all relevant evidence, including incident reports and the
21
affidavits or declarations of witnesses; limit the scope of discovery; shorten
22
the time to produce records or witnesses; exclude witnesses from the
23
hearing when not testifying; , exclude : disorderly or disruptive persons from
24
the hearing; and make other orders necessary to ensure the'fair and
25
orderly conduct of the hearing. The hearing shall be open to °the public.
26
3.
Recording. The proceedings at the hearing may be tape recorded if
27
ordered by the hearing officer orrequested by the ownerof the animal.
28
A stenographic report shall aiso'record the proceedings if ordered by the
29
hearing officer or requested 'by the rowner, with the costs thereof to be
30
borne by the person making the order or request. A copy of th'e tape
31
recording or transcript of the proceedings shall be made available to any
32
person upon request and upon payment of the: cost of preparation
33
thereof.
34
4.
Failure' to appear. The hearing officer may decide all issues for or against
35
the owner of the animal even if 1heowner fails to appear at the hearing.
36
5.
Determination. After the hearing, the hearing officer may find, upon a
37
preponderance of the. evidence, that a public nuisance under this
38
Section exists. The hearing officerrnay order the abatement of the
39
nuisance by upholding or modifying the abatement order. The
40
abatement order shall supercede any previous abatement order issued
41
by an animal control officer: Within ten days of the hearing, the
42
determination and abatement ordershall be served upon the owner by
43
prepaid 'first- class' mail, return receipt requested. The determination and
44
abatement order of the hearing officer shall be final and conclusive.
45
46
47
48
Ordinance No. 2185 N.C.S. Page. 12
1 0:. violations.
.2
3° If the owner an /or possessor of the animalfoils to file a timely appeal or abate the
4 public nuisance within five days of the date of service of the abatement order or
5 decision by the hearing officer regarding an appeal, the animal control officer may:
6
7 1. Cite the owner and /or possessor of the animal for a violation this Section.
8 Each day that a violation occurs is a separate offense.
9 2. Refer the-violation to the City Attorney or District,Attorney for prosecution
10 of a violation and /or abatement of the public nuisance.
11 3. Impound the animal. The owner and /or possessor may redeem an
12 impounded animal as specified in Chapter 9.28 provided that the owner
13 and /or possessorr to comply and is :able to comply with the
14 abatement order, and has paid all impound fees or charges.
15
16 P. Exceptions: Nothing in this section shall be construed to apply to noise levels
17 emanating from a legally operated veterinary hospital, humane society of animal
18 control shelter or farm.
19
20 Q. The remedies of this Section shall not limit the City nor any person from seeking
21 any other legal remedy, available by.law, including but not limited to an action for
22 private or public nuisance.
23
•24
25 9.08.190 Selling or Giving Away of Animals'is Prohibited.
26
27 No person shall publicly sell, offer for sale, barter, ,give away or display for sale any
28 animal within the City limits, except as follows: This section shall not be construed to
29 prohibit the sale /adoption of any dog, cat or any other animal by pet stores engaged
30 in the business of selling them; nor shall this section, be construed to prohibit the sale or
31 gift of a pet, or its offspring, by - the owner or family of the owner, from or on private
32 agricultural or residential property; nor'shall this section prohibit such display or sale from
33 or on the premises of an animal shelter or.other animal organization.
34
35 9.08.200 Animals with Infectious Diseases.
36
37 No person that owns or has possession or control, of any animal which is affected by any
38 disease that is contagious and/or infectious to either animals or humans, shall allow the
39 animal outside an enclosure or place where it can come into contact with other
40 animals of like kind or humans that could become infected.
41
42 9.08.210 Fe ding of Wildlife
43
44 A. It is Unlawful to feed wildlife or leave food accessible to wildlife within any City
45 park.
46
I 47 B. Wildlife is definedi to include any feral animal, including but not limited to, ducks,
48 geese, raccoons, squirrels, skunks, and /or deer.
Ordinance No. 21.85 N.C.S. Page 13
,
i •
2
3 CHAPTER 9.12
4
5 LIVESTOCK PERMITS
6
7 9.12.0:10 Permit for Livestock Required.
8
9 A. It. is .unlawful to .maintain any livestock as defined in Section 9:04.020 ° Wit hin City
10 limits without first obtaining a permit therefore from the animal control officer.
11
12 B. Exceptions; Any person who has been, previously issued a livestock permit by the
13 City pursuant to former Section 9.04.070 of this code shall not be required to apply for a
14 new permit by the City pursuant to former Section 9.04.070 of this 'co -de shall not be
15 required to apply for a new permit unless the owner'seeks to maintain on his premises a
16 type of animal not by the livestock permit, animals in greater numbers than
17 authorized by the livestock permit, seeks to change the location where the animals are
18 maintained or'seeks to transfer the permit to another. The provisions of`this. Chapter 9.12
19 shall otherwise apply to persons who have previously been issued a livestock permit by
20 the City.
21
22 9.12.020 Permit Application.
23
24 A. The application for a livestock permit shall be made on a form prescribed,by the
25 animal control officer and shall include the following information:
26
27 1. The names) and address(es) of'the owner(s) of the livestock;
28 2. The maximum number and kinds of livestock to be maintained;
29 3. The location and facilities where the .livestock will be kept;
30 4. Whether any previous livestock permit held by the applicant or a co-
31 owner has been revoked or suspended by the City;
32 5 Such further information.as the animal control officer may require to
33 determine whether to grant,or.deny th&- ermit pursuant to Section
34 9.12.030.
35
36 B. The application shall be transmitted to the director of community development
37 and planning to determine whether the proposed used of property is in compliance,
38 with the Petaluma Zoning Ordinance.
39
40 C. The animal control officer may conduct an inspection of property where the
41 livestock will be maintained prior to granting the permit.
42
43 9.12.030 issuance of a Livestock Permit.
44
45 A. The animal control officer shall grant or deny a livestock permit application no
46 later than thirty days after receipt of a completed application. The decision granting or
47 denying such application shall be served in person or by mail. The animal control
Ordinance. No. 2 18'5 N.C.S. Page 14
1 officer shall grant I Fthe application unless it is determined that any of the following
2 conditions exist:
3
4 1. The.applicant or a co -owner has had a livestock permit revoked by the
5 City within the last year, or a prior livestock permit is currently suspended;
6 2. The applicant has made a material misstatement on the application;
7 3. The maintenance of zfhe livestock at, the location set forth in the
8 appl cationwould violate one or more provisions of this code, the
9 Petaluma Zoning Ordinance or the laws of this state;
10 4. The livestockVill not' be maintained "within the boundaries of a lawful
11 fence as' defined in California Food and Agricultural Code Section 17121.
12
13 B. The permit issued shall be valid only for the maximum number and types of
14 animals described in the. - application. The permittee must apply with. the animal control
15 officer for an amendment to the permit if he desires to maintain additional or _different
16 types of animals on the premises.
17
18 C. The permit issued. under fhs section may only be transferred upon application
19 and approval o the animal control officer.
20
21 D. The animal control officer .may'impose conditions on` issuance of the permit
22 necessary to insure compliance with any provisions of this code, the Petaluma Zoning
23 Ordinance or the laws of °this state, and to protect the health and safety of the public
JW4 and animals involved.
25
26
27 9.12.040 Appeal of Livestock Permit Denial.
28
29 The applicant may appeal the denial of'a , permit,applcation or permit condition by
30 filing a written appeal with the City Clerk stating. the reason the applicant believes the
31 denial or permit condition was improper. The, appeal shall.be heard by the City
32 Council. The City Council may affirm, modify or overrule, the decision of the animal
33 control officer. The decision of the City Council shall be final.
34
35 9.12.050 Livestock Permit Revocation or Suspension.
36
37 A. The animal control officer may revoke or.suspend a livestock permit issued
38 pursuant to Section 9.1 for any of.the following ,grounds:
39
40 1. The applicant has made a material misstatement on the application;
41 2. The permittee i8Jh violation of any provisions of this code, the Petaluma
42 3. Zoning .0rdinance or the laws of this state;
43 4. The permittee is in violation of the terms and conditions of the livestock
44 permit;
45 5. The livestock are not being maintained within the boundaries of a lawful
,446 fence as defined in California Food and Agricultural Code Section 17121.
7
Ordinance No. 218.5 N:C.S. Page 15
I B. Notice of the renovation or suspension, stating the grounds therefore, shall be
2 served in person or by mail on the permittee.
3
4 C. The revocation ,or suspension shall,become effective ten days after service of a
5 notice thereof unless the permittee. files an appeal to the City Council with the
6 City Clerk. The revocation or suspension shall be stayed pending a'decision by the City
7 Council on the appeal: The City Council shall determine whether to affirm, modify or
8 overrule the decision of the animal control officer. The decision of the City Council shall
9 become. effective ten days after the City Council's. determination.
10
11 9.12.06.0 Permit Fees.
12 Fees for the processing and investigation of permits issued ,pursuant to this.
13 chapter shall be determined by City Council resolution.
14
15
16 CHAPTER 9.14
17
18 ANIMAL PERMITS
19
20 9.14.010 Permit for Pet Shops, Commercial Kennels or Catteries Hobby Kennels or
21 Catteries or°Aviaries required.
22
23 No person shall conduct, operate or keep any commercial kennel hobby kennel or pet
24 shop within the City without first obtaining a permit pursuant to the provisions of'this
25 Chapter and the Petaluma Zoning Laws.
26
27 9.14.020 Application for Permit.
28
29 Application for a permit fora commercial kennel or catfery, hobby kennel or cattery,
30 pet shop or aviary shall ,be made in writing to Petaluma Animal Services (PAS) by the
31 owner of the facility prior to opening 'fhe'facility. Such application shall be on a form
32 approved by Petaluma Animal Services andlshall be accompanied by permit fee,
33 the:am:ount of which shall be established. If all other requirements for permitting under
34 the Chapter are met:, such permit fee shall be waived for any commercial kennel
35 devoted exclusively to training or breeding assistance dogs. PAS shall require such
36 proof of qualification as PAS deems necessary prior to waiving the permit fee for any
37 such facility. If the owner of any commercial kennel or cattery, hobby kennel or cattery
38 or pet shop fails to, Make application for a permit within 15 business days after receipt of
39 notice from PAS to obtain a permit shall pay a penalty for late permitting, in an amount
40 of which shall be established by the City Council, in addition to the normal permitting
41 fee The permit fee for commercial kennels /Catteries shall be in lieu of the permit fees
42 and registration fees required for individual animals. The license permit fee for hobby
43 kennels or hobby Catteries shall be in addition to the permit fees and registration fees
44 required for individual animals.
45
46 A. Upon receipt of an application for a commercial kennel or cattery, hobby
47 kennel or cattery or pet shop, the animal control officer shall review`the application
48 and inspect the premises to be issued :a permit. If the animal control officer finds that
•
•
Ordinance No. 2185 N:C S. Page 16
l the ,requirements of this Chapter have been complied with,; the Animal Services Director
2 shall issue such p ermit to the owner. If the Director finds otherwise, then the Director
3 shall deny the license permit.
4
5 .B'. When issuing a permit pursuant to this Chapter;.,the animal control officer may
6 make the permit subject to.such. reasonable conditions. as the Director deems
7 necessary to protect the public health, safety and welfare and the protection of the
8 animals
9
10 C. Upon issuing the permit pursuant to this Chapter, the animal control officer shall
11 provide the owner of the,;comrrercial kennel. or cattery with individual permit tags for
12 each dog or cat kept on the premises under the permit. The animal control officer
13 shall, during the term of th;e permit, upon written application, provide such owner
14 without charge any additional. permit tags required for. :new dogs or cats coming into
15 the owner's possession on 'the-permitted premises -under the permit.
16
17 D. Upon issuing a hobby kennel or hobby cattery permit and payment of the permit
18 fees required, the animal - control officer shall provide the owner of the hobby facility
19 with individual tags for each dog or cat kept on the permitted premises.
20
21
22 9.14.030 Expiration and Renewal of Permit.
23
4 Every commercial or hob, by kennel or cattery, or pet shop'permit.issued pursuant to this
25 Chapter shall be annual,,expiring one year after the:date of issue. The procedure for
26 renewal of�any such permit shall be the same as for obt6ini6g the original permit. If the
27 owner enewal: of such permit within sixty days after its
p p y he r
28 expiration, s� pp h ownershaa � a a pr enalty for such late- application in the same amount
29 as authorized under section 9.12:190.
30
31 9.14.040 Denial or'Revocation -of Permit.
32
33 The animal control officer may4eny or revoke any permitissued pursuant to this
34 Chapter in any of the following situations:
35
36 A. Whenever the, animal control.officer det ermines. .by inspection that the permitted
37 premises violate any of - the conditions. of the, permit, this Chapter or state law.
38
39 B. Whenever the. animal control office "r has reason to believe that the owner of the
40 permitted facility has willfully'withheld. or falsified any in'formation'required for the
41 permit.
42
43 C. Whenever�the ,animal.:con:frol officer has reason to believe that the owner of the
44 permitted facility, orany'employee of the owner who is presently' employed by the
45 owner, has been convicted by a court of law within the past five years of a violation of
�4 46 this Chapter or any other law relating to animals public nuisance, caused by animals or
7 cruelty to animals, in this or any other state. For purposes of this section, a forfeiture of
48 bail shall be deemed to "be a conviction of the offense.
Ordinance No. 2185 N.C.S. Page 17
1
• 2
9.14.050 Appeal for Denial or Revocation of Permit.
3
4
The applicant may appeal the denial of a permit application or permit
5
condition by filing a written appeal with the City Clerk stating the reason the applicant
6
believes the denial or permit condition was improper. The appeal shall be heard by the
7
City Council. The City Council may affirm, modify or overrule the decision of the-animal
8
control officer.
9
10
11
9.14.060 Conditions for New Permit After Denial or Revocation.
12
13
If a permit applied.for or granted under this Chapter is denied orrevoked,
14
the• animal control officer-shall not grant anew permit to the same person for the same
15
activity at the same location for two years after the date of ,the denial or revocation
16
unless - the applicant demonstrates and /or the animal control officer determines by
17
investigation or inspection upon a preponderance of the evidence, in which the
18
burden of proof is upon the applicant, that the grounds upon which the application
19
was denied orthe permit revoked no longer exists.
20
21
9.14.070 Permit- Not Transferable.
22
23
No commercial kennel or caftery, hobby kennel or cattery 'or pet shop
24
permit issued pursuant to this .Chapter shall be transferable..
25
26
9.14.080. Display of Permit Required.
27
28
Every commercial kennel or cattery hobby kennel or cattery, or pet shop
29
permit issued pursuant to this Chapter shall post its permit in some conspicuous part of
30
the licensed permitted premises.
31
32
9.14.090 Inspections.
33
34
As a condition to the issuance or renewal of any commercial or hobby
35
kennel or cattery or any pet shop permitJssued pursuant to this Chapter; the Animal
36
Services Manager shall have the authority to conduct periodic inspections of the
37
permitted premises. The owner of the facility shall make available to the,Manager such
38
information regarding the operation of the facility; as the Manager shall require.
39
40
9.14.100 Standards for Care, Confinement and. Treatment of Animals.
- ..
41
42
The Animal Services,Manager shall establish regulations and standards for
43
commercial kennels or catteries, hobby kennels or catteries and pet shops permitted
44
pursuant to this Chapter "relating to the following:
45
46
A. The maximum number and species of animals to be 'kept on the permitted
47
premises.
48
Ordinance No. 2185 N.C.S. Page 18
1 B. The construction, sanitation and maintenance of the facilities on the permitted
2 premises.
3
4 C. Any other matters pertaining to the humane care, confinement and treatment
5 of animals that the Director deems necessary.
6
7 9.14.1 10 Permit for Feral Cat Colony.
8
9 A. Within six months of the adoption date of this ordinance,, all caretakers of feral
10 cats in residential and commercial areas within the City limits are required to register
1 1 with Animal Services. A caretaker means any person or organization harboring or
12 having in his /her or its possession any feral cat that h/s or it has regularly fed for a period
13 of 30 days or more. Caretaker is required to submitwritten,:auth'orization from the owner
14 of the property where cats are fed and cared for. Caretakeris required to provide for
15 the sterilization of all cats and kittens, three -year vaccination against rabies, and one -
16 time testing for Feline FIV andi Leukemia within one -month of cat entering colony.
17 Caretaker is required to transfer to the Petaluma Animal Shelter all tame cats within
18 one -week of entering colony; Caretaker shall provide cats with regular fresh food,
19 water and access to shelter and will maintain the area in a clean and sanitary way.
20
21 B. The caretaker shall not permit any feline under phis /her care to permit such
22 animal to:
23
'4 1. Damage property other than the property of owner or keeper; or
25 2. Cause an unsanitary; dangerous or unreasonably offensive condition.
26
27 C. There shall be no feeding of feral cats in or within one-half mile of the Petaluma
28 Wetlands, located along the.Pefaluma River. The area covered by this section is
29 ordered by the Petaluma River on the southwest, and Lakeville Highway to the north
30 and east, from the Petaluma Marina, to, and including the Petaluma Holding Ponds.
31 There shall be no feeding of feral cats inside any City park, ;or within a block of any City
32 park. Any existing feeding station in the prohibited areas shall be removed within 90
33 days of the passage of this ordinance.
34
35
36 9.14.120 Required Records for Commercial Kennels, Catteries, Feral Cat
37 Colonies.
38
39 Every commercial kennel, cattery orferal cat colony pursuant to this
40 Chapter shall keep available, on the permitted premises, records available for
41 inspection by the Director. These records shall contain all of the following:
42
43 A. The name, current address; and telephone number of the owner /guardian of
44 each animal at the kennel or cattery. The name, current address, and telephone
45 number of the feral cat colony caretaker.
46 -
0 7 B. The date each animal entered the kennel, cattery or colony..
48
Ordinance No..2185 N:C,S. Page 19
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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 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; spayjneu:fer certificate for each cat overage four months in-the colony. .
9.12.130 Permit Fees.
Fees for the processing and investigation of permits'issued pursuant to this
chapter.shall be determined by City Council resolution.
CHAPTER 9.16
DOG, LICENSES*
*(Editor'.s Note: For statutory provisions regarding the authority of a City to impose
license fees, see Gov. Code §38792.
•
r
9.16.010 Dog License Required.
Every person owning a do which.is harbored Within the City shall obtain a
g y
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 under1his section.
9.16.020. License Requirements not Applicable to Certain Dogs.
The provisions of Section 9.16.010 shall not apply to any of 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 lint o the City of receiving veterinary care in a veterinary
hospital, providing that the dog is confined at' all times to the hospital'
C. And dog owned or in possession of a nonresident of the Citywhich is to be
maintained in the City for a period not exceeding thirty'days;
D,. Any guide or service dog actually being used to assist a blind, hearing impaired
or otherwise physically disabled person;
Ordinance No. 2185 N.C3. . Page 20
1 9.`16.030 License fee and license issuance.
3 The license fees and any late registration charges shall be in the amount
4 established by City Council resolution. The license shall be issued to the dog owner
51 upon payment of`the current license fee and proof of current rabies vaccination.
6
7 9.16.040 Fee Refunds.
8
9 No refunds shall be made on any dog or cat.aicense because of the
10 death of or other loss of the dog, or the owner leaving the City before the expiration of
11 the license.
12
13 9.16.050 License Duration.
14
15 All initial licenses shrill be issued fora period commencing on the date of
16 issuance and shall expire. the anniversary date that the rabies vaccination was
17 administered. Renewals °are due within 30 days of the anniversary date of the rabies
18 vaccination.
19
20 9.16.060 Current. Rabies Vaccination Required.
21
22 No license shall.. be issued unless evidence of current rabies vaccination is
23 presented to Animal Services, unless the dog is exempted from the vaccination
'4 requirements by the laws of this state.
25
26 9.16.070 Issuance of License Tag,
27
28 A permanent metallic license tag shall be issued with the initial dog
29 license. The tag shall bear an identification number.
30
31 9.16.080 Securing Tag to Collar.
32
33 The dog owner and /or possessor shall secure the tag to a collar, harness
34 or similar device attached to the dog for which the license tag was issued. The dog
35 owner and /or possessor shall ensure that the dog wears,,such a license tag at all times
36 except when the dog is being exhibited at field, obedience or other shows or
37 exhibitions.
38
39 9.16.090 Replacement of Tag.
40
41 Whenever a license tag is lost or damaged, the owner shall apply -for and
42 secure a replacement from Animal Services upon payment of: the prescribed fee.
43
44 9.16.100 Transfer of Tag Prohibited.
45
+ 46 License tags°shall not be transferred from one dog to another.
W 7
48
Ordinance No. 2185 N.C:S. Page 21
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9.16.1 10 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
thirty days after the change occurs.
9.16.120 Presentotionf 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.
9.16.01.0 Vaccination Required.
It is unlawful for the owner and /or possessor of a dog' over four of
age to mai,nfain the do y ' g vaccinated for
or cat within the City if such dog not been,
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.
•
9.16.130 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 o,r 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' §31 101 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..
•
Ordinance No. 2185 N.C.S. Page 22
1 9.20.020 Dogs to be Kept on Owner's Property.
2`
3. - All dogs,un'der four months of age..�shall- be confined to the premises of, or
4. kept under,physical. restraint by its owner and /or possessor.
5 .
6 9:20.030 Animals Suspected of Having Rabies.
7
8 Any person baviing, knowledge of the whereabouts, of an animal or animal
9 carcass of an animal known to have;-or'suspected of having rabies shall immediately
10 notify the' animal control officer.
1T
12 9.20.040 Unlawful to fail to disclose location of rabid animal.
13
14 It is unlawful for any person having knowledge of the whereabouts of an
15 animal or carcass suspected of having rabies to refuse to disclose the location or
16 identity of the animal upon demand thereof from an animal control officer.
17
18 9.20.050 Reporting Animal; Bites. - -- Examination and Impoundment.
19
20 Any person who has,.knowledge of a dog, cat, skunk, raccoon, bat, or
21 other animal subject to rabies biting; a person shall report such incident to an animal
22 control officer. Any animal which bites or otherwise exposes a person or other animal,
23 shall, in the discretion o,f -the animal control .officer, be examined and /or impounded as
4 provided by the laws of ;this state and -Chapter 9.28 of this code.
25
26
27 CHAPTER 9.24
28
29 DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS
30
31
32 9.24.010 Authority and Purpose.
33
34 A. Authority. Pursuant to Food and Agricultural Code §31683 and its general police
35 powers,. the City adopts this Chapter regulating dangerous and potentially dangerous
36 animals.
37
38 B. Purpose. The keeping �of an animal defined as dangerous or potentially
39 dangerous under this Chapter shall be declared a public nuisance and shall be abated
40 in accordance with.the provisions of'this Chapter. The procedure for abatement set
41 forth in this °Chapter °shall n:o:f be exclusive and shall not in any manner limit or restrict the
42 City from enforcing other ordinances or abating public nuisances in any other manner
43 provided by low. Furthermore, this Chapter shall not preempt or preclude a person
44 from filing a private lawsuit seeking to abate as a private nuisance an animal that is
45 dangerous.
W 46
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48
Ordinance No. 2185.N.C.S. Page 23
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9.24.020- Definitions.
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A. "Potentially Dangerous animal" means on animal, except a , dog assisting a
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peace officer engaged 'in law enforcement duties, which demonstrates any or all of
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the following behavior a. first time, but does not inflict serious injury to either ^a human or
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another animal:
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1. An attack, without provocation,, which requires 'a defensive action by any
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person to prevent bodily injury and/or property damage a n place where
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such person is acting lawfully;
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2. An attack, without provocation, .on another animal or livestock which
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occurs off -the property of the owner of the attacking animal;
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3. Any behavior, without provocation, that constitutes a physical threat of
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bodily harm to a person in a place where such person is acting lawfully;
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4. An attack, without provocation, that results in a non - severe injury to a
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person in a place where such person is acting lawfully.
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B. "Dangerous animal" means an animal, except a dog assisting a peace officer
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engaged in law enforcement duties, which any or dll-of the following
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behavior:
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1. A single attack, without provocation, that results in a severe injury or
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deathto a person in place.where.such person is acting lawfully;
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2. A single attack, without provocation,, on another animal or livestock which
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occurs off the property:of the.owner,of the attacking animal and that
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results in the death of the other animal or livestock;
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3. A second attack, without provocation, .which requires a defensive action
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by any person to prevent bodily injury and /or property damage in a
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place where such person is. acting lawfully;
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4. A second attack, without provocation, on another animal or livestock;
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which occurs. off the property of the owner of the attacking animals;
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5. A second display of behavior, without provocation, that co,nsfitutes a
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physical threat of bodily harm to a person in a place where such person is
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acting lawfully;
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6. A second attack, without provocation, that results in a non- severe injury to
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a person in a place where such person is acting lawfully;
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7. A combination of behaviors or attacks described in Section 9.24.020(A)
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that occur without provocation on two.separate occasions.
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c. "Serious injury' is defined as any physical injury -to a human being or animal 'that
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results in muscle tears or disfiguring lacerations or requires multiple sutures. or corrective
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or cosmetic surgery or causes, severe bruising.
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D. "Enclosure" means, a fence or structure of at least six feet in height forming or
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causing an enclosure suitable to prevent, the entry of young children and suitable to
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humanely confine an animal with adequate exercise area, and posted with an
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appropriate warning sign, in conjunction other measures which may be taken by
Ordinance No. 2185 N.C.S. Page 24
1 the. owner of the animal. The enclosure shall be' designed in order to prevent the
2 animal'from escaping.
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4 E. "Hearing, officer" means the Manager of Animal Services, or his /her designee.
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6. F. "Owner" means the, owner, keeper or person having custody, control or
T possession of an animal.
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9 G. A "dangerous animal" or "potentially dangerous animal" does not mean any
10 animal in a situation i'n which it is shown that the person- or'domestic animal suffering the
1 1 injury or damage had, at the time of the injury or damage:
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13 1. Provoked, tormented; teased, .abused or assaulted the animal into the
14 behavior alleged ;,.
15 2. Committed a willful trespass or other tort-upon the private property of the
16 owner of the animal;
17 3. Committed , or attempted to commit a, crime or
18 4. Threatened or committed an unjustified attack or assault against the
19 owner or:person in control of the animal.
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21 9.24.030 Investigation of Dangerous and Potentially Dangerous Animals.
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23 A. An animal control officer shall investigate any reported incident regarding a
W 4 dangerous or potentially dangerous animal.
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26 1. During that'investigation, the animal control officer shall compose a report
27 to be permanently retained pursuant to adopted procedures. The report
28 shall be signed under penalty of perjury bythe animal control officer. The
29 animal control officer shall make best efforts to take a photograph of the
30 animal to include with the report.
31 2. The animal control officer shall append to the report the statements of
32 witnesses, victims'. and the animal owner. These statements shall also be
33 signed under penalty of perjury.
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35 B. If after conducting an investigation,. the animal control officer determines that
36 probable cause exists that the ' animal is dangerous or potentially dangerous, the animal
37 control officer may impose; reasonable conditions to protect the public hearth, safety
38 and welfare upon the. animal owner pending an administrative hearing: These
39 conditions shall be In the.,form of a. provisional abatement order and may include any
40 reasonable conditions, including those contained in Section 9.24.050. The animal
41 control officer shall provide notice of the provisional abatement order pursuant to
42 Section 9.24:060. The provisional abatement, order shall remain in effect unless
43 superce.ded' overruled by another administrative or judicial decision. A failure to
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44 compl with the provisional abatement order shall be a misdemeanor.
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46 C. If after conducting an investigation, the - animal control officer determines that
I 47 probable cause exists that the dog is dangerous or potentially dangerous, the animal
48 control officer shall petition the Hearing Officer for an administrative hearing to
Ordinance No. 2185 N.C.S.. Page 25
I determine whether an animal is dangerous or potentially dangerous. The: administrative
2 hearing shall follow the procedures of Section 9.24.040.
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4 D. Pursuant to. this Title, the animal control officershall also immediately impound
5 any animal found to °be dangerous and a posing an imminent threat to the public
6 health, safety and welfare.
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8 9.24.040 Hearing Procedures:
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10 A. Petition. Pursuant to Section 9.24.030, where`the animal control officer has
1 1 investigated and determined that there exists probable cause to believe that an
12 animal : is - dangerous or potentially dangerous; the animal. control officer shall petition.
13 the hearing officer for a hearing for the purpose of determining whether °the animal
14 should be declared dangerous or potentially dangerous.
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16 B. Notice. The hearing officer shall. notify the owner of the animal that a hearing will
17 be held, at which time the animal control officer- and the animal owner may present
18 evidence as whether the animal should be declared dangerous or'potenti'ally
19 dangerous. The notice, together with a copy of the petition, shall' 'be provided pursuanf
20 to Section 9.24.060. The hearing shall be held promptly within no less than fen'working
21 days and no, more than thirty working days after service of the notice on - the, owner of
22 the animal.
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24 C. Conduct of hearing. The hearing officer shall conduct the heari_n.g in an informal
25 manner and shall afford the owner of the 'animal an opportunity to present evidence as
26 to why the animal should not be declared dangerous or potentially dangerous. The
27 formal rules of evidence shall not apply; however; whenever possible; any complaint
28 received a member of the public which serves as, the evidentiory`basis for the
29 animal control office(to find probable cause shall be sworn to and verified by the
30 complainant and attached to the petition filed by the animal control officer.. The
31 'hearing officer may admit into evidence all relevant evidence, including incident
32 reports and the affidavits or declarations of witnesses; limit the scope of discovery;
33 shorten the time to produce records or witnesses; exclude witnesses from the hearing
34 when not 'testifying; exclude disorderly ordisruptive persons from the hearing and make.
35 other.orders necessary to ensure the fair and orderly conduct of the hearing. The
36 hearing shall be open to the public.
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38 D. Recording. The proceedings at the hearing maybe tape recorded if ordered by
39 the. hearing officer or requested by the owner of fhe animal. A stenographic, report
40 shall also. record the proceedings if ordered by the hearing officer or requested -bythe
41 owner, with the costs thereof to be borne by the person making the order or'requesf. A
42 copy of the tape recording or transcript of the proceedings shall be made• available to
43 any person upon request and upon payment of the cost of preparation thereof..
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45 E. Failure to appear. The hearing officer may decide all issues, for or against the
46 owner of `the animal even if the owner fails to appear at the hearing.
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Ordinance No: 2185 N;C:S. Page 26
I F Determinations - of dangerous and potentially dangerous, animals Evidence. In
! 2 making a determination'that an animal is dangerous or potentially dangerous,
3. evidence of the following shall be considered:
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5 1. Any previous history of the animal 'attacking, bitting or causing injury to a
6 human being or other domestic, animal;
7 2. The nature and extent of injuries inflicted and the number of victims
8 involved;
9 3. The place where the bite, attack or i njury occurred;
10 4. The presence or absence of any provocation for the bite, attack or injury;
11 5. The extenHo which property has been damaged or destroyed;
12 6. Whether the animal exhibits any characteristics *of being trained for
13 fighting or or other evidence to show such training or fighting;
14 7. Whether the animal exhibits any characteristics aggressive or
15 unpredictable temperament or behavior in the presence of human
16 beings or other domestic animals;
17 8. Whef her the animal can be effectively trained or retrained to change its
18 temperament or 'behavior;
19 9. The manner'imwhich the animal had been maintained or cared for by its
20 owner;
21 10. Any relevantlevidence concerning the maintenance or care of the
22 animal; and
23 11. Any other relevant evidence regarding the ability of the owner or the
0 24 animal control officer, to protect the, public safety in the future if the
25 animal is permitted to remain in the City.
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27 G. Determination of Dangerous or Potentially Dangerous Animal and Abatement
28 Order. After the hearing,, the hearing officer,may find, upon a preponderance of the
29 evidence, that the animal, is dangerous or potentially dangerous. The hearing officer
30 may order the abatement of the nuisance created by the dangerous or potentially
31 dangerous animal by imposing some or all of the conditions found in Section 9.24.050
32 for the continued ownership of the animal. The abatement' order shall supercede any
33 provisional abatement order issued by an animal control' officer unless the abatement
34 order is stayed by-judicial action or pending judicial review. Within ten days of the
35 hearing, the determination and' abatement order shall be served upon the animal
36 owner pursuant to Section 924.060. The determination and abatement order of the
37 hearing officer shall be final and conclusive.
38.
39 H. Order .of Humane Euthaniza,tion. If, following the hearing, the subject animal is
40 determined by a preponderance of the evidence to 'be dangerous and, if released to
41 the animal owner; even where reasonable abatement conditions were imposed, would
42 create a significantthre'a.t °to the public health, safety, or welfare, the hearing officer
43 may order that °the animal'.be humanely euthanized as permitted under California Food
44 and Agricultural Code section 31645 or its successor provisions.
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� 46 1. A rebuttable presumption that an animal creates a significant threat to
47 the public health; safety and welfare exists where:
:Ordinance No. 2185 KC..S. Page 27
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23 4.
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26-- 9.24.050
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.
Such remedy shall be in addition to all other remedies at law or in equity
and shall no,flimit or restrict such other remedies.
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.
Any order made by the hearing; officer to.humanely euthanize an animal
shall be: final.
Abatement Order and Conditions.
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28 A. Pursuant to Section 9.24.040 'the owner of an animal determined to be
29 dangerous or potentially dangerous by the hearing officer, shall be required to comply
30 with the abatement order of the hearing officer °which contains any or all of the
31 .following conditions:
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33 1. Registration. To immediately register the animal that is found' to be
34 dangerous with the animal control officer to comply with the animal
35 control . officer's requirements -for dangerous animal (including, but not
36 limifed to, requiring the animal to wear , a visible, dangerous' animal tag),
37 and to keep such animal properly vaccinated at all. times. 'The fee to
38 keep or maintain one dangerous animal shall be fifty dollars for a twelve-
39 month term, and the fee for each additional dangerous animal shall be
40 twenty -five dollars. The fee shall be paid for each twelve -month term.
41 Should the animal die in any twelve -month term, the owner shall notify the
42 animal control officer death within five working days of the death.
43 2. Confinement.. To keep the animal securely confined on. its'premi' eslr in a
44 locked enclosure approved by the hearing officer orthe animal control
45 officer from which the animal cannot escape and into which children
46 cannot trespass. Such a kennel or structure must have secure,side.s and a
47 secure top attached to the sides. All structures used to confine a
48 dangerous animal must be locked with a-key or combination lock when
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Ordinance No. 2185 N.C.S. Page 28
'Ordinance No. 2185 N.C.S. Page 29
such animals are Within the structure. Such structure must have secure
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bottom or,floor attached to the sides of the pen or the sides of the pen
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must be , 'embedded in the ground .no less than two feet. All structures
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erected to house a dangerous animal must comply with all zoning and
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building regulations :of'the City; All such structures must be adequately
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lighted, ventilated, and kept in a clean 'and sanitary condition;
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3.
Confinement while o.n leash. To keep the animal securely muzzled,
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restrained by - a substantial leash of. appropriate length and under the
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control of' .a responsible person eighteen years of age or older who is
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physically °copable'of restraining the animal wh - en. the animal is not
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contained in a locked secure enclosure;
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4.
Spay, or neuterthe animal. To have the animal spayed or neutered by a
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licensed veterinarian, and to present proof to the animal control officer;
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Insurance. To provide and maintain financial responsibility for injuries to
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the public; by obtaining and showiog.proof of liability insurance in the form
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and amount deemed, to be acceptable by the 'hearing officer or City
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Attorney in. . light of all -the circumstances. Such insurance policy shall
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provide, that no cancellation of. the policy will be made unless ten days
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written notice is first given,, to Animal Services and the City Clerk's Office;
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Bond. The posting of a bond or other proof of ability to pay a damage
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award in the amount of fifty thousand dollars;
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Notification: To immediately inform any City, county, postmaster or utility
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company meter readers and anyone else that lawfully comes onto the
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property, of`the animal's dangerousness and to inform animal control.
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an /or the Chief of Police if the, animal is moved to another location
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inside or outsidefihe City limits provided by this Chapter;
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8.
Signs: 'To display in a prominent place on the premises a sign easily
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readable. by the ° using the words "Beware of Dog" or "Beware of
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Animal" in letters at�least three inches high;.
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Numbers; and .tattoo. To have a registration, number assigned to such
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animal tattooed by a licensed veterinarian on the animal's inner thigh or
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inserted by a-licensed veterinarian under the. animal's skin by means of an
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electronic identification device. The manner and method of
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identification to be used hereunder shall be determined by the hearing
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officer. For the purpose of this section, ``tattoo" shall be defined as any
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permanent numbering of an animal by means of indelible or permanent
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ink,
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10.
Inspection. To consent and agree to the entry upon the premises to any
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police officer or animal control officer-for the purpose of inspecting the
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animal and /'or premises;
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Payment of cost. To make reasonable payment of costs incurred by the
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City:and animal control agent in the hearing process, not to exceed one
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thousand dollars;
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Other. To take any other steps deemed reasonably necessary to prevent
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injuries to the public:
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B. The owner of the animal shall comply with the conditions imposed by the hearing
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officer within
fhirty (30) days of the order.
'Ordinance No. 2185 N.C.S. Page 29
2 C. All owners of dangerous animals must within'ten days of effective-cl i of the
3 abatement order provide the animal control officer-with two photographs (color) of the
4 registered animal clearly showing the color and approximate size of the animal.
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6 D. No dangerous animal shall be kept on a porch, patio or in any part of a house or
7 structure that would allow the animal to exit such building on its own volition. In
8 addition; no such, animal may be kept in .a house or structure when the windows are
9 open or screen doors are the only obstacle preventing the animal` from exiting the
10' structure.
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12 E. Failure to. comply with Dangerous or Potentially Dangerous Order.
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14 1. It is unlawful for the owner of an animal .deemed dangerous or potentially
15 dangerous under this Chapter to fail to comply with conditions set forth in
16 an abatement order. Any animal found to be the- subject-of a,violation of
17 an ordershall be subject to immediate seizure and impoundrnent. The
18 hearing officer shall notify the animal owner to show cause whether the
19 a'nimal;shaR be humanely eufhanized for a failure to comply with the
20 conditions contained in the dangerous or potentially dangerous order.
21 2. The hearing, officer shall provide written notice pursuant to Section
22 9.;24.060 that the animal will .be humanely euthanized unless; within
23 fourteen days from the date of the notice
24 a. The owner has demonstrated to the satisfaction of the hearing ficer
25 that the owner has fully complied; with the requirements' and
26 conditions set forth in the abatement order; or
27 b. The owner has filed in a court of competent jurisdiction a petition that
28 seeks. to stay euthanizati'on of the animal and has served a copy of
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29 sh petition upon the hearing officer.
30 3. If, afterfourteen days from the date of such notice, the owner has not
31 complied`with the provisions of subdivisions (1) or (2), of this subsection, the
32 hearing officer may, without further notice or process have the animal
33 humanely euthanized.
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35 9.24.60 Notice and Service Requirements.
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37 When this Chapter requires the provision of notice or service, the notice or
38 service shall be in writing. If a right may be exercised or an act is to be done-and the
39 notice or service of'it is required to be given but the time within which the notice or
40 service must be given -is not specified, the notice or serv_i'ce shall be given, at least ten
41 (10) days before the time the right must be exercised: The notice or service shall be
42 served either personally or by first class mail'in.a r sealed envelope with 'postage prepaid,
43 addressed to the animal' owner at his/her last known mailing' address and deposited in
44 a , facility maintained by`the United States Department of Postal Service. The person
45 providing such notice or service shall sign a' declaration under penalty of perjury that
46 notice or,service has been made. In the event that the last known address of'the
47 animal owner cannot b.e ascertained, the' hearing officer or animal control officer shall
48 sign a declaration under penalty of perjury that best efforts were made to provide
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Ordinance No.,2185 N.C.S.- Page 30
l notice or service to the animal owner. In the case of service by mail, notice or service is
2 complete at the time "the notice is deposited in the .United States mail.
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4 9.24.070 Transfer and Training of Dangerous Animals.
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6 A. Sale or transfer within.City. No person shall sell transfer or in any other way
7 dispose of an animal deemed dangerous under this Chapter to any person within the
8 City unless the recipient -person resides permanently in the some household and on the
9 same premises as the owner of such animal.
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11 B. Sale or transfer outside City. The owner of an animal.that has been deemed
12 dangerous under this Chapter may sell, transfer, or otherwise dispose of such animal or
13 the offspring thereof to persons who do not reside within the City, provided the owner
14 first notifies the hearing officer and the animal control officer of the proposed sale or
15 transfer. Such notice shall be given not less than fifteen days in advance of the sale or
16 transfer and shall specify„ the nam"e� and address of the recipient person. Upon receipt
17 of such notice, the hearing officer or the animal control .officer may notify the
18 governmental jurisdictio'nin which the recipient person is located or resides. Failure to
19 comply with these notification provisions shall be grounds for immediate impoundment
20 of the animal by the animal .control officer.
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22 C. Sale or transfer into City. It shall, be unlawful for person to possess, own or
23 control any animal for the purpose of either temporary or permanent care in the City
0 limits that has been deemed by'a governmental "jurisdiction to be potentially
5 dangerous, dangerous, vicious,, a threat to the safety of human beings or domestic
.26 animals. The animal control officer may order the person having possession, ownership
27 or control of the animal. to. remove the animal immediately from the City. Should such
28 person fail to comply with the animal control officer's order, the animal control officer
29 may summarily and immedidtely impound the animal. The owner of the animal shall be
30 liable for the costs and' expenses of impounding and keeping the animal. Such
31 impounded animals may then be. disposed of in accordance with the provisions of this
32 Chapter.
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34 D. Fighting training and animal abuse. prohibited. It shall .b`e unlawful to use, train,
35 keep, harbor, own or in any way ;possess or transport through the City an animal for the
36 purpose of animal fight exhibitions. Scars and wounds are refutable evidence of
37 participation in animal fig_ ht exhibitions or training. "Fight training" is defined to include,
38 but not limited to:
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40 1. The use or possession of treadmills for fight training;
41 2. Actions designed, to torment, badger or bait any animal for purpose of
42 encouraging said animal for fight exhibitions;
43 3. The use of weights on the animal for fight training;
44 4. The use of other animals for blood sport training;
45 5. Any other activity, the primary purpose of which is the.training of animals
46 for aggressive or vicious behavior or animal fight exhibitions. It shall further
0 7 be unlawful for anyone to knowingly abuse any animal within the City
48 limits.
Ordinance No. 2185 N.C.S. Page 31
1
2 9.24.070 Enforcement and Penalties.
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4 A. Violations.and. penalties. Unless otherwise specified, any violation of this
5 Chapter shall be -a misdemeanor.
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7 B. Ownership of dangerous animals. The owner of an animal determined to be
8 dangerous or ordered humanely euthanized pursuant to this Chapter shall be
9 prohibited from owning, possessing, controlling or having custody of any other animal
10 of the type to which the violation applies for a period of three years from the date of
11 violation when it is found after the hearing conducted pursuant to this :Chapter that
12 ownership or possession of such animal by that person would create a significant threat
13 to public health, safety or welfare.
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15 C. Enforcement, Any provisions of this Chapter may be enforced by'the police
16 department, fire department, the animal control officer or any authorized designee of
17 the Manager of Animal Services. ;Complaints of any'violations of this Chapter which are
18 subject to penalties under this section may be presented to the District' Attorney's Office
19 onto the City Attorney for prosecution. .
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21 D. Cost Recovery of Abatement. The costs of abating a public nuisance pursuant
22 to the provisions of this Chapter may be recovered from the owner of the animal
23 causing the public nuisance pursuant to Chapter 1.15 of this Code. In any action,.
24 administrative proceeding, or special proceeding initiated by the City under this
25 chapter, the- prevailing party may recover attorneys' fees. Recovery of ,attorneys' fees
26 by the prevailing party is, limited to those individual actions or proceedings 'in which the
27 City elects, at the initiation of that individual action or proceeding, to seek recovery of
28 its own attorneys' fees. The award of attorneys' fees to the prevailing party shall in no
29 circumstances exceed the amount of reasonable attorneys' fees incurred by the City in
30 the action orproceeding.
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32 E. Penalties and remedies cumulative. The penalties and remedies', specified herein
33 shall not be exclusive but shall be cumulative with, all other remedies at law or in equity.
34 The City may;Jn its discretion, elect to pursue any one or more of the penalties or
35 remedies provided for herein or at law or in equity..
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38 CHAPTER 9.28
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40 IMPOUNDMENT
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42 9.28.010 Care .of Impounded Animals.
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44 Animal Services shall ensure that all impounded receive suitable and
45 adequate food, water, and shelter.
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E]
Ordinance No. 2185 N.CS. Page 32
1 9.28.020 Registry of jmpou'nded. Animals
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13 Animal Services shall maintain a. registry of im, pounded animal describing
-4 the type, sex and. other` identifying characteristics of the animal, the date of
5 impoundment, if licensed the license number of the dog, the name of the person
6 . /redeeming or purchasing the animal., and any fees or charges paid.
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8 9.28.030 Fees for Redemption and Care of Animals. .
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10 Fees for redernpt.ion, care and fe.eding of animals shall be set by City
11 Council resolution. Greater redemption fees shall be charged for animals redeemed
12 two or more times.
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14 9.28.040 Suspected Rabid�Animals - Examination and Impoundment.
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16 The animal control officer shall seize any animal which there is reason to
17 believe is infected with rabies; .and `take that animal to , a veterinarian for examination.
18 If the veterinarian determines that the animal may be infected with rabies, the animal
19 control officer shall impound such animal for thel period mandated by the laws of this
20 state and shall notify Sonoma County Animal Regulation, the agency responsible for
21 rabies monitoring in this county. The animal's owner shall be charged for all costs
22 incurred or fees applicable with respect to the exarninatio'h, .confinement, or
23 impoundment of the animal.
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25 9.28.050 Grounds for Impoundment.
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27 A. Animals at Large: The animal control officer may.seize and impound an animal
28 which is at large as defined in Section 9.08.120..A dog that has strayed from, but then
29 returned to the private property of its owner and /or possessor shall not be seized or
30 impounded merely for a. violation of Section 9.08.120. In such a case, a citation for such
31 violation may be issued; provided; however, that'tho� owner and /or possessor is not at
32 home the dog may be impounded, but the animal control,officer shall post a notice of
33 such impoundment on fhe front door of the owner's and /or possessor's dwelling. Such
34 notice shall contain the information required by the Cdlifornia:Government Code
35 Section 53074.
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37 B. - Except as provided in subsection A of this section, an animal maybe, impounded
38 for violation of any provisions of this title, or the laws of this state in accordance with the
39 procedures specified in Chapter 9.28.
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41 9.28.060 Procedures for Impoundment.
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43 A. Except as provided n Section 9.28.070, the animal control officer may not seize or
44 impound .an dhirna.l without the consent of the owner and /or possessor, unless a pre -
45 impoundment notice is provided ,in accordance with subsection B of this section.
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47 B. At least five days prior to, the date of impoundment the owner and /or possessor
48 of the animal shall be served in or by mail with a "notice- that his /her animal will
Ordinance No. 2185 N.C.S. Page 33
I be subject to impoundment on or after a specified date. The notice shall state that the
2 owner and /or possessor may request a hearing before the animal hearing officer prior
3 to the date -for impoundment specified in the notice:. The filing of a timely appeal shall
4 stay the impoundment of the animal until the conclusion of the hearing.
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6 C. Whenever a timely app °eal is filed,, the animal hearing officer shall conduct a pre -
7 impoundment hearing to determine whether impoundment of the animal is authorized
8 `under this title. The: decision of the animal hearing officer shall be based on the weight
9 of the evidence and shall be final. Thee owner and /or possessor of the animal shall be
1,0 given notice of the decision 'in person or by mail.
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1.2 D. Whenever the owner and /or possessor of an animal is served, with an abatement
13 order pursuant to Section 9.08.180 governing animal noise or Chapter 9:.24 governing
1 -4 potentially dangerous and dangerous animals, the notice of'impoundment may be .
15 incorporated within the abatement order. A hearing pursuant to Chapter 9::24 before
16 the hearing officer shall also constitute the pre= impoundment hearing specified in
17 subsection _C of this section.
18
19 9:28:070 Procedures for Immediate Impoundment.
20
21 A. The animal control officer may immediately-seize and impound an animal for
22 violation of this title or the laws, of this state without providing a pre - impoundment
23 notice of hearing under the following circumstances:
24
25 1. The owner and /or possessor of the animal provides consent for the
26 impoundment;
27 2. The animal is at large and immediate impoundment of the animal is
28 authorized under Section 9.28.050(A);
29 3. The animal control officer has reasonable grounds to believe that the
30 animal may be rabid;
31. 4. The animal control officer has reasonable grounds to believe that the
32 animal'is a potentially dangerous or dangerous animal as described in
33 Chapter 9.24;
34 .5. To protect an animal which is injured', sick, starving or'suffering'from heat,
35 cold or confinement, which is in need of immediate care;
36 6. When immediate seizure is necessary to protect from injury any animal
37 which has'strayed onto.a public street or highway or otherpublic place;
38 7. When the animal control officer has reasonable grounds to believe that -
39 `immediate impoundment is necessary to protect the public health or
40 safety of any person or animal.
41 8. Pending an administrative hearing pursuant to Chapter 9.24 or any
42 judicial proceeding.
43
44 B. The animal control officer shall within twenty -four hours of the impoundment
45 serve notice of impoundment either in writing or verbally to the owner and /or possessor
46 of the animal pursuant to Section 9:32.020. The notice shall state:
47
48 1. The date and location of impoundment;
•
Ordinance No. 2185 N.C.S. , P-age 34
1. 2. The location where the animal is impounded;
2 3. The grounds for impoundment;
3 4. The period the.animal will be held, pursu.anf Section 9.28:080 before
4 being 'humanely euthanizad or otherwise disposed of;
5
6 C. In lieu of impounding, and if.not contrary to public safety, the animal control
7 officer may permit the animal to be confined a't'the owners expense in an animal
8 control officer- approved dog kennel or veterinary facility or at the owner's residence
9 provided the owner:
10
11 1. Shall not remove the animal , from the kennel, veterinary facility, or
12 residence without the prior written approval of the animal control officer;
13 and
14 2. Shall make the animal available for observation and inspection by the
15 animal control officer or members of law enforcement or their authorized
16 representatives. The animal, control :officer -shall ,dictate to the owner or
17 custodian the exact way the animal is to be restrained while awaiting the
18 hearing.
19
20 D. The owner may request a hearing if he /she believes ,that the impoundment was
21 unlawful by filing a written appeal with the animal control officer.
22
23 E.. If an appeal :hearing is reequesfed, it shall be conducted, in accordance with the
r24 procedures specified in Section 9.28060(c) and shall be scheduled no later than five
25 days after the date the appeal was filed. The animal hearing officer shall determine
26 whether the impoundment was authorized.urider this title. If the impoundment is found
27 to be unlawful, the animal shall be released forthwith to the owner, and the costs of
28 impoundment shall be borne by the City.
29
30 9.28.080 Holding Period for Animal
31
32 A. Unlicensed dogs shall' be maintained a minimum .of,four business days including
33 the day of impoundment.
34
35 B. Licensed dogs shall be maintained a minimum of ten following the date of
36 impoundment.
37
38 C. Any horse., .mule,' burro or bovine animal shall be, maintained a minimum of four
39 business days including fhe day of impoundment, and be disposed of as required by
40 Section 17003 of the California Agricultural Code, Upon expiration of the fourth day
41 after the impoundment,'if no person has appeared to claim such animal, the animal
42 control officer shall notify` the State Director of Agriculture as required by Section 17003
43 of the California Agricultural Code.
44
45 D. All other animals shall be maintained a minimum of four business days including
w44
the day of impoundment.
7
48
Ordinance No. 2185 N.C:S. Page 35
1 9.28.090 Disposition of Animal.
2'
3 A. After the holding period specified in Section 9.28.080 has expired, Animal
4 Services is authorized to make the animal available for adoption or to dispose of the
5 animal by humane euthanasia.
6
7 B. Exceptions., If an appeal of the impoundment is pending, Animal .Services may
8 not dispose of the animal until after a determination is made by the animal hearing
9 officer.
10
11 9.28.100 Summary Euthanization of the Animal.
12
13 Animal Services may cause an impounded animal to be destroyed without waiting for
14 the holding period specified in Section 9:28.080 to expire, when such animal is severely
15 injured; or infected with a dangerous or communicable disease. Animal Services shall
16 make a, reasonable; effort to notify the owner of °the animal, if known, prior to the
17 euthani2ation-of the animal.
18
19 9.28.1 10 Redemption of Animal by Owner.
20
21 A. The owner of an impounded animal 'mdy'redeem the animal of any time prior to
22 its legal disposition by providing proper identification, obtaining a dog or cat license or
23 other permit'when required under this title and paying all fees and 'charges for the care,
24 feeding and veterinary treatment of the animal, If the owner fails to pay the required
25 fees or charges or to obtain any required license or permit, the animal, shall be treated
26 as unredeemed by the owner and disposed of in accordance with Section 9.28:090.
27 Exceptions: If the impounded animal has been the subject of an abatement order
28 pursuant to Section 9.08.180 or Section 9.24.040, the animal shall not be;relea"sed unless
29 the owner is willing and able to comply with the terms of the abatement order.
30
31 B. Animal Services may retain an impounded animal for purposes of'.investigation or
32 prosecution of any Violations of this title, the Petaluma Zoning Ordinance or the laws of
33 this state. If a request for redemption is made by the owner of the animal, the costs of
34 the continued" impoundment of the animal from the date the request for redemption is
35 made shall be borne by the City unless the continued impoundment of the animal is
36 upheld by the animal hearing officer. The owner of the animal may appeal the
37 continued impoundment of the animal within five working days after a request for
38 redemption is denied by the animal control officer. A hearing shall be set before the
39 animal .hearing officer within five working, days of the filing of the appeal.
40
41 C.. In such cases where an impounded animal is found to be dangerous, the animal
42 may be released subject to the conditions set forth in Chapter 9.24.
43
44 9.28.120 Redemption after Release to Third Party.
45
46 Animals adopted fro l m,,the Petaluma Animal Shelter after the legal holding,
47 period will not be returned to the original owner. O.
48
Ordinance No. 2185 KC:S. Page'36
1 9.28.130 Requirements for Animal Adoption.
2
3 Animal Services shall require the mandatory spay /neuter of any cat or
4 dog or rabbit pri&10 adoption of said animal from the shelter. Fees for adoption shall
,5 be set by the City Council and posted at 'the shelter.
6
7
8 CHAPTER 9.32
9
10 ENFORCEMENT, PENALTIES AND NOTICE
12 9.32.010 Penalties for Violation.
13
14 Any person violating a provision, of this Title shall be guilty of a
15 misdemeanor, unless a specific'provisionmakes a violation an infraction.
16
17 9.32.020 Notice and Service Requirements.
18
19 When this Chapter requires the provision of notice or service, the notice or
20 service shall be in writing. If a right may be exercised' or an act is to be done and the
21 notice or service of it is required to be °given but the time within which the notice or
22 service must be given is not specified, the notice or service shall be given at least ten
23 (10) days before the time. the right musf.be exercised. The - notice, or service shall be
24 served either personally or by first class mail in a sealed envelope with postage prepaid,
25 addressed to the animal owner at his /her, last known mailing address and deposited in
26 a facility maintained by the United States' Department of Postal Service. The person
27 providing such notice or service shallsign 'a declaration under penalty of perjury that
28 notice or service has been made In the event that the Fast known address of the
29 animal owner cannot be ascertained, the hearing officer or animal control officer shall
30 sign a declaration under penalty of perjury that best efforts were made to provide
31 notice or service to the animal owner. In the case of service by mail, notice or service is
32 complete at the time the notice is deposited in the United States mail.
33
34 9.32.030 Enforcement.
35
36 Any provisions of this Chapter may .beenforced by the Police
37 Department, Fire Department, the animal control, officer or any "authorized designee of
38 the Manager of Animal Services. Complaints of any violations of this Chapter which are
39 subject to penalties iunder this section may be presented to the District Attorney's Office
40 or to the City Attorney for."prosecution.
41
42 9.32.040 Cost Recovery of Abatement.
43
44 The. costs of abating a public nuisance pursuant to the provisions of this
45 Title may be re.coyered` from the owner of the animal causing the public ,nuisance
46 pursuant to Chapter .1.15 this Code. In any action, administrative proceeding, or
�47 special proceeding initiated,.by the City under this Title, the prevailing party may
48 recover attorneys' fees. Recovery of attorneys' fees by the prevailing party is limited to
Ordinance, No. 2185 N.C.S. Page 37
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those individual actions or proceedings in which the City elects, at the initiation of that
individual action or proceeding, to seek recovery of its own attorneys' fees. award
of attorneys' fees to the prevailing party shall in no circumstances exceed the amount
of'reasonable at=torneys' fees incurred by the City in the action or proceeding.
9.32.050 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.
INTRODUCED and ordered posted /wed this 17th day of May 2004.
ADOPTED this day of 2004, by the following vote:
.AYES:
NOES:
ABSENT:
5O
David Glass, Mayor
ATTEST: APPROVED AS TO FORM:
Gayle Petersen, City Clerk Richard R. Rudnansky, City Attorney
•
Ordinance No. 2185 N.C.S.
Page 38.