HomeMy WebLinkAboutOrdinance 2185 N.C.S. 06/14/2004 EFFECTIVE DATE OF
ORDINANCE
1 ORDINANCE NO. 2185 N.C.S.
2 July 14, 2004
3
4
5 Introduced by Seconded by
6
7 Mike Healy Bryant Moynihan
8
9
10 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
1 1 REPEALING IN ITS ENTIRETY THE EXISTING TITLE 9, "ANIMALS,"
12 AND ADOPTING NEW TITLE 9, "ANIMAL REGULATIONS"
13
14
15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
16
17 Section 1. Title 9, "Animals," is hereby repealed in its entirety.
18
19 Section 2. New Title 9, "Animal Regulations," is hereby added to the Petaluma
20 Municipal Code as follows:
21 TITLE 9
22
23 ANIMALS REGULATIONS
24
25 Chapter 9.04 General Provisions and Definitions
26 Chapter 9.08 Animal Ownership and Keeping
27 Chapter 9.12 Livestock Permits
28 Chapter 9.14 Animal Permits
29 Chapter 9.16 Dog Licenses
30 Chapter 9.20 Rabies Control
31 Chapter 9.24 Potentially Dangerous and Dangerous Animals
32 Chapter 9.28 Impoundment
33 Chapter 9.32 Enforcement, Penalties and Notice
34
35 CHAPTER 9.04
36
37 GENERAL PROVISIONS AND DEFINITIONS
38
39 9.04.020 Definitions.
40
41 As used in this title, unless the context clearly indicates otherwise, the
42 following definitions shall apply.
43
44 A. "Animal" means any nonhuman mammal, bird, reptile, amphibian or fish
45 including, but not limited to dog, cat, horse., goat, sheep and chicken and all animals
46 defined in California Penal Code Section 597.
47
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 by the
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 or person(s)
1 1 appointed by the City Manager to conduct all hearings authorized by this title.
12
13 E. "Bee" means ahoney-producing insect of the species Apis Mellificia, including
14 the adults, eggs, larvae, pupae and other immature states thereof.
15
16 F. "Beehive" means any receptacle or container made for use of bees, or box or
17 similar container of which bees have taken possession.
18
19 F. "Domestic Birds" means any of a class (avesJ of domestic warm-blooded
20 vertebrates distinguished by having the body more or less completely covered with
21 feathers and the forelimbs modified as wings.
22
23 H. "Cat" means a domestic cat (Fells catusJ. Cats are the personal property of their
24 owner.
25
26 I. "Impound" means to take into custody by the Animal Control Officer as
27 authorized by this title.
28
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.
33
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 year.
42
43 L. "Feral cat" means any free roaming domestic cat that fears and generally does
44 not voluntarily accept human handling.
45
46 M. "Dog" means domestic dog (Canine familiarisJ of any age and either sex.
Ordinance No. 2185 N.C.S. Page 2
1 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 limited to Bovine, caprine, Equine, Ovine and Porcine.
4
5 O. "Owner" .means 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 possession while being treated or cared for. This definition shall not
10 apply to an operator of a commercial kennel as to any animal that is being boarded in
1 1 the regular practice of his business.
12
13 P. "Person" means and includes any individual, firm, partnership, corporation, or
14 association of persons.
15
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.
- 22
23 R_ "Possessor" means any person other than the owner of an animal who has lawful
24 custody or possession of the animal.
25
26 S. "Premises" means and includes any dwelling, building, real property, vehicle,
27 vessel or part thereof.
28
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.
32
33 U. "Veterinarian" means a person licensed to practice veterinary medicine by the
34 state of California.
35
36 V. "Veterinary hospital" means a premises operated by a veterinarian for the
37 treatment of diseases and injuries to animals.
38
39 W. "Rabies Control Act" means and refers to California Health and Safety Code
40 Sections 1900 and sections following governing the identification, quarantine and
41 control of rabid animals.
42
43 9. 04.030 Duties and Powers of Animal Control Officers.
44
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
47 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. 2185 N.C.S. Page 3
1 this code, the Petaluma Zoning 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.
4
5 B. Animal Control Officers shall enforce all the provisions of Title 9, and any other
6 provisions of this code, the Petaluma Zoning Ordinance, 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
1 1 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 subject to such
17 conditions as the City Council determines.
18
19 E. Animal Control Officers shall issue all licenses and permits, and collect all fees
20 and 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.
25
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 9.04.030B, an Animal Control Officer may seek entry upon private property. If
30 the property is occupied, the Animal Control Officer shall identify himself/herself,
31 request entry, and explain the reasons thereof.. If the property appears to be
32 unoccupied, the Animal Control Officer shall make a reasonable effort to locate the
33 owner or occupant thereof. The Animal Control Officer may enter property, without first
34 securing a warrant, under the following circumstances and conditions:
35
36 A. When authorized by the laws of this state;
37
38 B. With the express permission of the owner or occupant of the property;
39
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;
43
44 D. When there is probably cause to believe that the keeping or maintaining of the
45 animal on the private property is so hazardous or dangerous as to require immediate
46 inspection and/or impoundment of the animal to safeguard the safety of the animal,
47 other animals or the public safety.
48
Ordinance No. 2185 N.C.S. Page 4
1 E. When in the hot pursuit of an animal:
2
3 1. When the animal has been running at large on any highway or road or
4 other public property, or on private property and the owner thereof has
5 requested that the animal be apprehended,
6 2. When any dog is trespassing on private property and is liable to cause
7 damage to livestock, other animals or other property,
8 3. Provided, that if consent is denied for entrance on the property by the
9 owner or occupant thereof, the Animal Control Officer shall obtain a
10 warrant as specified in subsection F of this section. If the owner or
1 1 occupant of the property cannot be located to obtain his consent for
12 entrance on the property, nothing gin this subsection shall authorize the
13 entry into a dwelling as defined in the Petaluma Zoning Ordinance,
14 except in accordance with subsection F of this section.
15
16 F. Except as authorized in subsections A through E of this section, the Animal
17 Control Officer may enter upon private property only upon obtaining an inspection
18 warrant as authorized by California Code of Civil Procedure Section 1822.50, et seq., or
19 a search warrant from a court of competent jurisdiction authorizing the entry.
20
21
22 CHAPTER 9.08
23
24 ANIMAL KEEPING AND OWNERSHIP
25
26 9.08.010 Ownership.
27
28 It is permitted that any person who signs an application for a license or
29 permit for any animal pursuant to this title is the owner of the animal or animals
30 described in the application. Applications shall be signed by persons eighteen years of
31 age or older.
32
33 9.08.020 Commercial Kennels and Catteries.
34
35 No person shall keep a private or commercial kennel or cattery, as those
36 terms are defined in this Title, as within the City limits except in zone districts in which
37 commercial kennels and catteries are permitted by the restrictions and requirements of
38 that ordinance.
39
40 9.08.030 Beehives and Swarms Prohibited.
41
42 It is unlawful for any person to keep or maintain within the City limits any
43 swarm of bees or hive as defined in Section 9.04.020. The keeping or maintaining within
44 City limits of any swarm of bees or hive constitutes a public nuisance.
45
46
47
48
Ordinance No. 2185 N.C.S. 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
1 1 domestic bird as 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 are regularly 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 Permitted.
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
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/her within 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 his 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 or feces.
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
48
Ordinance No. 2185 N.C.S. Page 6
1 9.08.100 Straying of Domestic Birds or Livestock.
2
3 It is unlawful for any owner and/or possessor of any domestic bird or
4 livestock to suffer or permit the same to stray from premises and to enter or remain on
5 public property, including any highway or street, 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 fhereof.
10
1 1 9.08.1 10 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 another 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, "at large" means a dog that is not on the premises of its
32 owner and/or possessor or the premises of another without permission 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 six feet 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 participating 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 animals.
46
47 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
1 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
1 1 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
l 7 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 of the 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 9.08.120 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 acting within the
41 scope of his authority under this 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, obstruct or 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
1 D. It is unlawful for the owner and/or possess of an animal to fail to relinquish the
2 animal to the Animal Control Officer for impoundment when impoundment of the
3 animal is authorized pursuant to this title, or the laws of this state.
4
5 E. Any person who apprehends or picks up a stray or apparently lost animal shall
6 report the same to the Animal Shelter within twenty-four hours and shall release such
7 animal to the owner or to the Animal Shelter upon demand.. The person shall provide
8 Animal Services with a complete description of the animal, its location and a means to
9 contact the person keeping the animal.
10
1 1 9.08.150 Animals and Vehicles.
12
13 A. No owner and/or possessor of a dog or other animal shall lave the animal in a
14 motor vehicle without adequate ventilation, or in such a manner as to expose the
15 animal to extremes of heat and cold. The Animal Control Officer may remove and
16 impound an animal from a vehicle if the animal's safety appears to be in immediate
17 danger from heat or cold or lack of adequate ventilation
18
19 B. No owner and/or possessor of a dog or other animal shall transport the animal on
20 any public street or highway in a motor vehicle unless the animal is safely enclosed
21 within the vehicle or protected by a container, cage, rope, chain or other device
22 capable of preventing the animal from falling from or jumping from the vehicle.
23
` 24 9.08.160 Tethering a Dog.
25
26 A dog may not be restrained for more than eight hours in a twenty-four
27 hour period.
28
29 A. The tether or chain provided must be at least ten feet in length, with swivels at
30 both ends, and be properly attached to a pulley or trolley mounted on a cable which is
31 also at least ten feet in length and mounted at least four feet and no more than seven
32 feet above the ground level in a manner so as not to interfere or become entangled
33 with objects on the property.
34
35 B. A chain or tether used to restrain the dog must, by design and placement, be
36 unlikely to become entangled.
37
38 C. Any tethering system used shall not allow the dog or puppy to leave the property
39 of the owner or possessor.
40
41 D. No chain or tether shall weigh more than one-eighth of the dog or puppy's body
42 weight.
43
44 E. Any chain or tefher shall be attached to a properly fitting flat collar or harness
45 worn by the dog or puppy. The use of chain or pinch collars is prohibited.
46
47 F. The chained or tethered dog must have constant access to necessary shelter
48 and water.
Ordinance No. 2185 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
19 9.08.180 Dog Barking and Other Animal Noise.
20
21 A. No person shall keep or permit to remain in any premises within the City any
22 animal which continuously and incessantly produces noise at any time during the day
23 or night to the disturbance of any other person.
24
25 B. "Continuous and incessant noise" means producing noise for an aggregate
26 period of ten minutes or more duration during any one-hour period which disturbs the
27 peace of another person, including barking, howling, crying, baying, squealing or
28 making any other noise, provided that at the time of the complaint, no person or
29 persons were trespassing or threatening to trespass upon the private property of the
30 owner or person in custody or control of the animal, or the animal was not being teased
31 or provoked in any manner.
32
33 C. An Animal Control Officer shall investigate any reported incident regarding
34 continuous and incessant animal noise.
35
36 1. During that investigation, the Animal Control Officer shall compose a
37 report to be permanently retained pursuant to adopted procedures. The
38 report shall be signed under penalty of perjury by the Animal Control
39 Officer.
40 2. The Animal Control Officer shall append to the report the statements of
41 witnesses, victims and the animal owner. These statements shall also be
42 signed under penalty of perjury.
43 3. The Animal Control Officer shall require witnesses, victims and the animal
44 owner(s) to maintain abark/noise log. The bark/noise. log shall list times
45 and durations of barking/noise and shall be signed under penalty of
46 perjury.
47
Ordinance No. 2185 N.C.S. Page 10
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, from separate residences, 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
9 witnesses 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
24 the order. The notice shall state that if the owner 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
29 days of the date of service of the order pursuant to this section. A timely
30 appeal shall stay the abatement order until the animal Hearing Officer
31 rules whether to sustain, modify or overrule the order.
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 filed 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 the public safety. Impoundment shall be in accordance with
42 the procedures for immediate impoundment specified in Section 9.28.070.
43
44
45
46
47
48
Ordinance No. 2185 N.C.S. Page 1 1
1 H. Appeal.
2
3 1. Notice. The Hearing Officer shall notify the owner of the animal that a
4 hearing will be held, at which time the Animal Control Officer and the
5 animal owner may present evidence as to whether the abatement order
6 shall be sustained, modified, or overruled The notice of the appeal
7 hearing shall be sent pursuant to Section 9.32.020. The hearing. shall be
8 held promptly within no less than ten working days and no more than
9 thirty working days after service of the notice on the owner of the animal.
10 2. Conduct of hearing. The Hearing Officer shall conduct the hearing in an
1 1 informal manner and shall afford the owner of the animal an opportunity
12 to present evidence as to why the order should be modified or overruled.
13 The formal rules of evidence shall not apply; however, whenever possible,
14 any complaint received from a member of the public which serves as the
15 evidentiary basis for the Animal Control Officer to find probable cause
16 shall be sworn to and verified bythe complainant and attached to the
17 petition filed by the Animal Control Officer. The Hearing Officer may
18 admit into evidence all relevant evidence, including incident reports and
19 the affidavits or declarations of witnesses; limit the scope of discovery;
20 shorten the time to produce records or witnesses; exclude witnesses from
21 the hearing when not testifying; exclude disorderly or disruptive persons
22 from the hearing; and make other orders necessary to ensure the fair and
23 orderly conduct of the hearing. The hearing shall be open to the public.
24 3. Recording. The proceedings at the hearing may be tape recorded if
25 ordered by the Hearing Officer or requested by the owner of the animal.
26 A stenographic report shall also record the proceedings if ordered by the
27 Hearing Officer or requested by the owner, with the costs thereof to be
28 borne by the person making the order or request. A copy of the tape
29 recording or transcript of the proceedings shall be made available to any
30 person upon request and upon payment of the cost of preparation
31 thereof.
32 4. Failure to appear. The Hearing Officer may decide all issues for or against
33 the owner of the animal even if the owner fails to appear at the hearing.
34 5. Determination. After the hearing, the Hearing Officer may find, upon a
35 preponderance of the evidence, that a public nuisance under this
36 Section exists. The Hearing Officer may order the abatement of the
37 nuisance by upholding or modifying the abatement order. The
38 abatement order shall supercede any previous abatement order issued
39 by an Animal Control Officer. Within ten days of the hearing, the
40 determination and abatement order shall be served upon the owner by
41 prepaid first-class mail, return receipt requested. The determination and
42 abatement order of the Hearing Officer shall be final and conclusive.
43
44
45
46
47
48
Ordinance No. 2185 N.C.S. Page 12
1 O. Violations.
2
3 If the owner an/or possessor of the animal fails 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 l . 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.
1 1 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 possessor agrees 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 Feeding of Wildlife
43
44 A. It is unlawful to feed wildlife or leave food accessible to wildlife within any City
45 park.
46
47 B. Wildlife is defined to include any feral animal, including but not limited to, ducks,
48 geese, raccoons, squirrels, skunks, and/or deer.
Ordinance No. 2185 N.C.S. Page 13
1
2
3 CHAPTER 9.12
4
5 LIVESTOCK PERMITS
6
7 9.12.010 Permit for Livestock Required.
8
9 A. It is unlawful to maintain any livestock as defined in Section 9.04.020 within 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 unless the owner seeks to maintain on his premises a type of animal not
15 authorized by the livestock permit, animals in greater numbers than authorized by the
16 livestock permit, seeks to change the location where the animals are maintained or
17 seeks to transfer the permit to another. The provisions of this Chapter 9.12 shall
18 otherwise apply to persons who have previously been issued a livestock permit by the
19 City.
20
21 9.12.020 Permit Application.
22
23 A. The application for a livestock permit shall be made on a form prescribed by the
24 Animal Control Officer and shall include the following information:
25
26 1. The name(s) anal address(es) of the owner(s) of the livestock;
27 2. The maximum number and kinds of livestock to be maintained;
28 3. The location and facilities where the livestock will be kept;
29 4. Whether any previous livestock permit held by the applicant or a co-
30 owner has been revoked or suspended by the City;
31 5. Such further information as the Animal Control Officer may require to
32 determine whether to grant or deny the permit pursuant to Section
33 9.12.030.
34
35 B. The application shall be transmitted to the director of community development
36 and planning to determine whether the proposed used of property is in compliance
37 with the Petaluma Zoning Ordinance.
38
39 C. The Animal Control Officer may conduct an inspection of the property where the
40 livestock will be maintained prior to granting the permit.
41
42 9.12.030 Issuance of a Livestock Permit.
43
44 A. The Animal Control Officer shall grant or deny a livestock permit application no
45 later than thirty days after receipt of a completed application. The decision granting or
46 denying such application shall be served in person or by mail. The Animal Control
47 Officer shall grant the application unless it is determined that any of the following
48 conditions exist:
Ordinance No. 2185 N.C.S. Page 14
1
2 1. The applicant or a co-owner has had a livestock permit revoked by the
3 City within the last year, or a prior livestock permit is currently suspended;
4 2. The applicant has made a material misstatement on the application;
5 3. The maintenance of the livestock at the location set forth in the
6 application would violate one or more provisions of this code, the
7 Petaluma Zoning Ordinance or the laws of this state;
8 4. The livestock will not be maintained within the boundaries of a lawful
9 fence as defined in California Food and Agricultural Code Section 17121.
10
1 1 B. The permit issued shall be valid only for the maximum number and types of
12 animals described in the application. The permittee must apply with the Animal Control
13 Officer for an amendment to the permit if he desires to maintain additional or different
14 types of animals on the premises.
15
16 C. The permit issued under this section may only be transferred upon application
17 and approval o the Animal Control Officer.
18
19 D. The Animal Control Officer may impose conditions on issuance of the permit
20 necessary to insure compliance with any provisions of this code, the Petaluma Zoning
21 Ordinance or the laws of this state, and to protect the health and safety of the public
22 and animals involved..
23
24
25 9.12.040 Appeal of Livestock Permit Denial.
26
27 The applicant may appeal the denial of a permit application or permit condition by
28 filing a written appeal with the City Clerk stating the reason the applicant believes the
29 denial. or permit condition was improper. The appeal shall be heard by the City
30 Council. The City Council may affirm, modify or overrule the decision of the Animal
31 Control Officer. The decision of the City Council shall be final.
32
33 9.12.050 Livestock Permit Revocation or Suspension.
34
35 A. The Animal Control Officer may revoke or suspend a livestock permit issued
36 pursuant to Section 9.12.030 for any of the following grounds:
37
38 1. The applicant has made a material misstatement on the application;
39 2. The permittee is in violation of any provisions of this code, the Petaluma
40 3. Zoning Ordinance or the laws of this state;
41 4. The permittee is in violation of the terms and conditions of the livestock
42 permit;
43 5. The livestock are not being maintained within the boundaries of a lawful
44 fence as defined in California Food and Agricultural Code Section 17121.
45
46 B. Notice of the renovation or suspension, stating the grounds therefore, shall be
47 served in person or by mail on the permittee.
48
Ordinance No. 2185 N.C.S. Page 15
1 C. The revocation or suspension shall become effective ten days after service of a
2 notice thereof unless the permittee files an appeal to the City Council with the
3 City Clerk. The revocation or suspension shall be stayed pending a decision by the City
4 Council on the appeal. The City Council shall determine whether to affirm, modify or
5 overrule the decision of the Animal Control Officer. The decision of the City Council
6 shall become effective ten days after the City Council's determination.
7
8 9.12.060 Permit Fees.
9 Fees for the processing and investigation of permits issued pursuant to this
10 chapter shall be determined by City Council resolution.
11
12
13 CHAPTER 9.14
14
15 ANIMAL PERMITS
16
17 9.14.010 Permit for Pet Shops, Commercial Kennels or Catteries, Hobby Kennels or
18 Catteries or Aviaries required.
14
20 No person shall conduct, operate or keep any commercial kennel, hobby kennel or pet
21 shop within the City without first obtaining a permit pursuant to the provisions of this
22 Chapter and the Petaluma Zoning Laws.
23
24 9.14.020 Application for Permit.
25
2b Application for a permit for a commercial kennel or cattery, hobby kennel or cattery,
27 pet shop or aviary shall be made in writing to Petaluma Animal Services (PAS) by the
28 owner of the facility prior to opening the facility. Such application shall be on a form
29 approved by Petaluma Animal Services and shall be accompanied by a permit fee,
30 the amount of which shall be established. If all other requirements for permitting under
31 the Chapter are met, such permit fee shall be waived for any commercial kennel
32 devoted exclusively to training or breeding assistance dogs. PAS shall require such
33 proof of qualification as PAS deems necessary prior to waiving the permit fee for any
34 such facility. If the owner of any commercial kennel or cattery, hobby kennel or cattery
35 or pet shop fails to make application for a permit within 15 business days after receipt of
36 notice from PAS to obtain a permit shall pay a penalty for late permitting, in an amount
37 of which .shall be established by the City Council, in addition to the normal permitting
38 fee. The permit fee for commercial kennels/catteries shall be in lieu of the permit fees
39 and registration fees required for individual animals. The license permit fee for hobby
40 kennels or hobby Catteries shall be in addition to the permit fees and registration fees
41 required for individual animals.
42
43 A. Upon receipt of an application for a commercial kennel or cattery, hobby
44 kennel or cattery or pet shop, the Animal Control Officer shall review the application
45 and inspect the premises to be issued a permit. If the Animal Control Officer finds that
46 the requirements of this Chapter have been complied with, the Animal Services Director
47 shall issue such permit to the owner. If the Director finds otherwise, then the Director
48 shall deny the license permit.
Ordinance No. 2185 N.C.S. Page 16
1
2 B. When issuing a permit pursuant to this Chapter, the Animal Control Officer may
3 make the permit subject to such reasonable conditions as the Director deems
4 necessary to protect the public health, safety and welfare and the protection of the
5 animals
6
7 C. Upon issuing the permit pursuant to this Chapter, the Animal Control Officer shall
8 provide the owner of the commercial kennel or cattery with individual permit tags for
9 each dog or cat kept on the premises under the permit. The Animal Control Officer
10 shall, during the term of the permit, upon written application, provide such owner
1 1 without charge any additional permit tags required for new dogs or cats coming into
12 the owner's possession on the permitted premises under the permit.
13
14 D. Upon issuing a hobby kennel or hobby cattery permit and payment of the permit
15 fees required, the Animal Control Officer shall provide the owner of the hobby facility
16 with individual tags for each dog or cat kept on the permitted premises.
17
18
19 9.14.030 Expiration and Renewal of Permit.
20
21 Every commercial or hobby kennel or cattery, or pet shop permit issued pursuant to this
22 Chapter shall be annual, expiring one year after the date of issue. The procedure for
23 renewal of any such permit shall be the same as for obtaining the original permit. If the
24 owner fails to make application for the renewal of such permit within sixty days after its
25 expiration, such owner shall pay a penalty for such late application in the same amount
26 as authorized under section 9.12.190..
27
28 9.14.040 Denial or Revocation of Permit.
29
30 The Animal Control Officer may deny or revoke any permit issued pursuant to this
31 Chapter in any of the following situations:
32
33 A. Whenever the Animal Control Officer determines by inspection that the
34 permitted
35 premises violate any of the conditions of the permit, this Chapter or state law.
36
37 B. Whenever the Animal Control Officer has reason to believe that the owner of the
38 permitted facility has willfully withheld or falsified any information required for the
39 permit.
40
41 C. Whenever the Animal Control Officer has reason to believe that the owner of the
42 permitted facility, or any employee of the owner who is presently employed by the
43 owner, has been convicted by a court of law within the past five years of a violation of
44 this Chapter or any other law relating to animals, public nuisance caused by animals or
45 cruelty to animals, in this or any other state. For purposes of this section, a forfeiture of
46 bail shall be deemed to be a conviction of the offense.
47
48
Ordinance No. 2185 N.C.S. Page 17
1 9.14.050 Appeal for Denial or Revocation of Permit.
2
3 The applicant may appeal the denial of a permit application or permit
4 condition by filing a written appeal with the City Clerk stating the reason the applicant
5 believes the denial or permit condition was improper. The appeal shall be heard by the
6 City Council. The City Council may affirm, modify or overrule the decision of the Animal
7 Control Officer.
8
9
10 9.14.060 Conditions for New Permit After Denial or Revocation.
11
12 If a permit applied for or granted under this Chapter is denied or revoked,
13 the Animal Control Officer shall not grant a new permit to the same person for the same
14 activity at the same location for two years after the date of the denial or revocation
15 unless the applicant demonstrates and/or the Animal Control Officer determines by
16 investigation or inspection upon a preponderance of the evidence, in which the
17 burden of proof is upon the applicant, that the grounds upon which the application
18 was denied or the permit revoked no longer exists.
19
20 9.14.070 Permit Not Transferable.
21
22 No commercial kennel or cattery, hobby kennel or cattery or pet shop
23 permit issued pursuant to this Chapter shall be transferable.
24
25 9.14.080 Display of Permit Required.
26
27 Every commercial kennel or cattery hobby kennel or cattery, or pet shop
28 permit issued pursuant to this Chapter shall post its permit in some conspicuous part of
29 the licensed permitted premises.
30
31 9.14.090 Inspections.
32
33 As a condition to the issuance or renewal of any commercial or hobby
34 kennel or cattery or any pet shop permit issued pursuant to this Chapter, the Animal
35 Services Manager shall have the authority to conduct periodic inspections of the
36 permitted premises. The owner of the facility shall make available to the Manager such
37 information regarding the operation of the facility, as the Manager shall require.
38
39 9.14.100 Standards for Care, Confinement and Treatment of Animals.
40
41 The Animal Services Manager shall establish regulations and standards for
42 commercial kennels or catteries, hobby kennels or catteries and pet shops permitted
43 pursuant to this Chapter relating to the following:
44
45 A. The maximum number and species of animals to be kept on the permitted
46 premises.
47
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 submit written authorization from the owner
14 of the property where cats are fed and cared for. Caretaker is 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 and 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 his/her care to permit such
22 animal to:
23
24 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 Petaluma 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 or feral 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
47 B. The date each animal entered the kennel, cattery or colony.
48
Ordinance No. 2185 N.C.S. Page 19
1 C. The reason for each animal being at the kennel or cattery, such as for boarding,
2 sale, breeding or grooming.
3
4 D. A description of each animal at the kennel or cattery, including age, breed, sex
5 and color.
6
7 E. A current, valid rabies certificate for each animal over four months of age at the
8 kennel, cattery or colony.
9
10 F. A valid spay/neuter certificate for each eat over age four months in the colony.
11
12 9.12.130 Permit Fees.
13 Fees for the processing and investigation of permits issued pursuant to this
14 chapter shall be determined by City Council resolution.
15
16 CHAPTER 9.16
17
18 DOG LICENSES*
19
20 *(Editor's Note: For statutory provisions regarding the authority of a City to impose
21 license fees, see Gov. Code §38792.
22
23 9.16.010 Dog License Required.
24
25 Every person owning a dog which is harbored within the City shall obtain a
26 license as follows:
27
28 A. Within thirty days after the dog reaches the age of four months.
29
30 B. Within thirty days of becoming a resident of the City if a license is otherwise
31 required under this section.
32
33 9.16.020 License Requirements not Applicable to Certain Dogs.
34
35 The provisions of Section 9.16.010 shall not apply to any of the following:
36
37 A. Any dog brought into the City for the purpose of participating in any show,
38 exhibition, field trail or competition scheduled not more than thirty days thereafter;
39
40 B. Any dog brought into the City of receiving veterinary care in a veterinary
41 hospital, providing that the. dog is confined at all times to the hospital;
42
43 C. And dog owned or in possession of a nonresident of the City which is to be
44 maintained in the City for a period not exceeding thirty days;
45
46 D. Any guide or service dog actually being used to assist a blind, hearing impaired
47 or otherwise physically disabled person;
48
Ordinance No. 2185 N.C.S. Page 20
1 9.16.030 License fee and license issuance.
2
3 The license fee 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
5 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 license because of the
10 death of or other loss of the dog, or the owner leaving the City before the expiration of
1 1 the license.
12
13 9.16.050 License Duration.
14
15 All .initial licenses shall be issued for a period commencing on the date of
l 6 issuance and shall expire on 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
24 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
45 9.16.100 Transfer of Tag Prohibited.
46
47 License tags shall not be transferred from one dog to another.
48
Ordinance No. 2185 N.C.S. Page 21
1 9.16.1 10 Change of address or ownership.
2
3 The address of the owner is presumed to be the address where the dog is
4 kept. The owner of a licensed dog shall report any change of address to Animal
5 Services no later than thirty days following a change of address. The owner of a
6 licensed dog shall report the transfer of ownership or custody of the dog no later than
7 thirty days after the change occurs.
8
9 9.16.120 Presentation of License on Request..
10
1 1 The owner and/dr possessor of the dog shall retain the printed dog license
12 for the year it was issued for inspection upon request by Animal Services.
13
14
15 9.16.130 Impoundment of Unlicensed Dog
16
17 The Animal Control Officer may take up and impound any dog which is
18 off the premises of its owner without a current license tag on its collar, harness or other
19 device. The Animal Control Officer shall not impound any dog which is exempted from
20 the IicenseJtag requirements by this Chapter 9.16.
21
22
23 CHAPTER 9.20
24
25 RABIES CONTROL*
26
27 *Editor's Note: For statutory provisions regarding rabies control, see Health 8~ Safety
28 Code § 1900 et seq.; impounding of dogs, see Agriculture Code §31 1 O1 et seq.
29
30 9.20.010 Vaccination Required. .
31
32 It is unlawful for the owner and/or possessor of a dog or cat over four
33 months of age to maintain the dog or cat within the City if such dog or cat has not
34 been vaccinated for rabies by a veterinarian. This requirement shall not apply to any
35 dog or cat which is exempted from the vaccination requirement by the laws of this
36 state. Revaccination shall be made at such intervals of time as may be prescribed by
37 the laws and regulations of this state.
38
39 9.20.020 Dogs to be Kept on Owner's Property.
40
41 All dogs under four months of age shall be confined to the premises of, or
42 kept under physical restraint by its owner and/or possessor.
43
44 9.20.030 Animals Suspected of Having Rabies.
45
46 Any person having knowledge of the whereabouts of an animal or animal
47 carcass of an animal known to have or suspected of having rabies shall immediately
48 notify the Animal Control Officer.
Ordinance No. 2185 N.C.S. Page 22
1
2 9.20.040 Unlawful to fail to disclose location of rabid animal.
3
4 It is unlawful for any person having knowledge of the whereabouts of an
5 animal or carcass suspected of having rabies to refuse to disclose the location or
6 identity of the animal upon demand thereof from an Animal Control Officer.
7
8 9.20.050 Reporting Animal Bites Examination and Impoundment.
9
10 Any person who has knowledge of a dog, cat, skunk, raccoon, bat, or
1 1 other animal subject to rabies biting a person shall report such incident to an Animal
12 Control Officer. Any animal which bites or otherwise exposes a person or other animal,
13 shall, in the discretion of the Animal Control Officer, be examined and/or impounded as
14 provided by the laws of this state and Chapter 9.28 of this code.
15
16
17 CHAPTER 9.24
18
19 DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS
20
21
22 9.24.010 Authority and Purpose.
23
24 A. Authority. Pursuant to Food and Agricultural Code §31683 and its general police
25 powers, the City adopts this Chapter regulating dangerous and potentially dangerous
26 animals.
27
28 B. Purpose. The keeping of an animal defined as dangerous or potentially
29 dangerous under this Chapter shall be declared a public nuisance and shall be abated
30 in accordance with the provisions of this Chapter. The procedure for abatement set
31 forth in this Chapter shall not be exclusive and shall not in any manner limit or restrict the
32 City from enforcing other ordinances or abating public nuisances in any other manner
33 provided by law. Furthermore, this Chapter shall not preempt or preclude a person
34 from filing a private lawsuit seeking to abate as a private nuisance an animal that is
35 dangerous.
36 9.24.020 Definitions.
37
38 A. "Potentially Dangerous animal" means an animal, except a dog assisting a
39 peace officer engaged in law enforcement duties, which demonstrates any or all of
40 the following behavior a first time, but does not inflict serious injury to either a human or
41 another animal:
42
43 1. An attack, without provocation, which requires a defensive action by any
44 person to prevent bodily injury and/or property damage in a place where
45 such person is acting lawfully;
46 2. An attack, without provocation, on another animal or livestock which
47 occurs off the property of the owner of the attacking animal;
Ordinance No. 2185 N.C.S. Page 23
1 3. Any behavior, without provocation, that constitutes a physical threat of
2 bodily harm to a person in a place where such person is acting lawfully;
3 4. An attack, without provocation, that results in anon-severe injury to a
4 person in a place where such person is acting lawfully.
S
6 B. "Dangerous animal" means an animal, except a dog assisting a peace officer
7 engaged in law enforcement duties, which demonstrates any or all of the following
8 behavior:
9
10 1. A single attack, without provocation, that results in a severe injury or
1 1 death to a person in a place where such person is acting lawfully;
12 2. A single attack, without provocation, on another animal or livestock which
13 occurs off the property of the owner of the attacking animal and that
14 results in the death of the other animal or livestock;
15 3. A second attack, without provocation, which requires a defensive action
16 by any person to prevent bodily injury and/or property damage in a
17 place where such person is acting lawfully;
18 4. A second attack, without provocation, on another animal or livestock,
19 which occurs off the property of the owner of the attacking animals.;
20 5. A second display of behavior, without provocation, that constitutes a
21 physical threat of bodily harm to a person in a place where such person is
22 acting lawfully;
23 6. A second attack, without provocation, that results in anon-severe injury to
24 a person in a place where such person is acting lawfully;
25 7. A combination of behaviors or attacks described in Section 9.24.020(A)
26 that occur without provocation on two separate occasions.
27
28 C. "Serious injury" is defined as any physical injury to a human being or animal that
29 results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective
30 or cosmetic surgery or causes severe bruising.
31
32 D. "Enclosure" means a fence or structure of at {east six feet in height forming or
33 causing an enclosure suitable to prevent the entry of young children and suitable to
34 humanely confine an animal with adequate exercise area,. and posted with an
35 appropriate warning sign, in conjunction with other measures which may be taken by
36 the owner of the animal. The enclosure shall be designed in order to prevent the
37 animal from escaping.
38
39 E. "Hearing officer" means the Manager of Animal Services, or his/her designee.
40
41 F. "Owner" means the owner, keeper or person having custody, control or
42 possession of an animal.
43
44 G. A "dangerous animal" or "potentially dangerous animal" does not mean any
45 animal in a situation in which it is shown that the person or domestic animal suffering the
46 injury or damage had, at the time of the injury or damage:
47
Ordinance No. 2185 N.C.S. Page 24
1 1. Provoked, tormented, teased, abused or assaulted the animal into the
2 behavior alleged;
3 2. Committed a willful trespass or other tort upon the private property of the
4 owner ofi the animal;
5 3. Committed or attempted to commit a crime; or
6 4. Threatened or committed an unjustified attack or assault against the
7 owner or person in control of the animal.
8
9 9.24.030 Investigation of Dangerous and Potentially Dangerous Animals.
10
1 1 A. An Animal Control Officer shall investigate any reported incident regarding a
12 dangerous or potentially dangerous animal.
13
14 1. During that investigation, the Animal Control Officer shall compose a
15 report to be permanently retained pursuant to adopted procedures. The
16 report shall be signed under penalty of perjury by the Animal Control
17 Officer. The Animal Control Officer shall make best efforts to take a
18 photograph of the animal to include with the report.
19 2. The Animal Control Officer shall append to the report the statements of
20 witnesses, victims and the animal owner. These statements shall also be
21 signed under penalty of perjury.
22
23 B. If after conducting an investigation, the Animal Control Officer determines that
24 probable cause exists that the animal is dangerous or potentially dangerous, the
25 Animal Control Officer may impose reasonable conditions to protect the public health,
26 safety and welfare upon the animal owner pending an administrative hearing. These
27 conditions shall be in the form of a provisional abatement order and. may include any
28 reasonable conditions, including those contained in Section 9.24.050. The Animal
29 Control Officer shall provide notice of the provisional abatement order pursuant to
30 Section 9.24.060. The provisional abatement order shall remain in effect unless
31 superceded or overruled by another administrative or judicial decision. A failure to
32 comply with the provisional abatement order shall be a misdemeanor.
33
34 C. If after conducting an investigation, the Animal Control Officer determines that
35 probable cause exists that the dog is dangerous or potentially dangerous, the Animal
36 Control Officer shall petition the Hearing Officer for an administrative hearing to
37 determine whether an animal is dangerous or potentially dangerous. The administrative
38 hearing shall follow the procedures of Section 9.24.040.
39
40 D. Pursuant to this Title, the Animal Control Officer shall also immediately impound
41 any animal found to be dangerous and a posing an imminent threat to the public
42 health, safety and welfare.
43
44 9.24.040 Hearing Procedures.
45
46 A. Petition. Pursuant to Section 9.24.030, where the Animal Control Officer has
47 investigated and determined that there exists probable cause to believe that an
48 animal is dangerous or potentially dangerous, the Animal Control Officer shall petition
Ordinance No. 2185 N.C.S. Page 25
1 the Hearing Officer for a hearing for the purpose of determining whether the animal
2 should be declared dangerous or potentially dangerous.
3
4 B. Notice. The Hearing Officer shall notify the owner of the animal that a hearing
5 will be held, at which time the Animal Control Officer and the animal owner may
6 present evidence as to whether the animal should be declared dangerous or
7 potentially dangerous. The notice, together with a copy of the petition, shall be
8 provided pursuant to Section 9.24.060. The hearing shall be held promptly within no less
9 than ten working days and no more than thirty working days after service of the notice
10 on the owner of the animal.
11
12 C. Conduct of hearing. The Hearing Officer shall conduct the hearing in an
13 informal manner and shall afford the owner of the animal an opportunity to present
14 evidence as to why the animal should not be declared dangerous or potentially
15 dangerous. The formal rules of evidence shall not apply; however, whenever possible,
16 any complaint received from a member of the public which serves as the evidentiary
17 basis for the Animal Control Officer to find probable cause shall be sworn to and
18 verified by the complainant and attached to the petition filed by the Animal Control
19 Officer. The Hearing Officer may admit into evidence all relevant evidence, including
20 incident reports and the affidavits or declarations of witnesses; limit the scope of
21 discovery; shorten the time to produce records or witnesses; exclude witnesses from the
22 hearing when not testifying; exclude disorderly or disruptive persons from the hearing;
23 and make other orders necessary to ensure the fair and orderly conduct of the hearing.
24 The hearing shall be open to the public.
25
26 D. Recording. The proceedings at the hearing may be tape recorded if ordered by
27 the Hearing Officer or requested by the owner of the animal. A stenographic report
28 shall also record the proceedings if ordered by the Hearing Officer or requested by the
29 owner, with the costs thereof to be borne by the person making the order or request.. A
30 copy of the tape recording or transcript of the proceedings shall be made available to
31 any person upon request and upon payment of the cost of preparation thereof.
32
33 E. Failure to appear. The Hearing Officer may decide all issues for or against the
34 owner of the animal even if the owner fails to appear at the hearing.
35
36 F. Determinations of dangerous and potentially dangerous animals -Evidence. In
37 making a determination that an animal is dangerous or potentially dangerous,
38 evidence of the following shall be considered:
39
40 1. Any previous history of the animal attacking, biting or causing injury to a
41 human being or other domestic animal;
42 2. The nature and extent of injuries inflicted and the number of victims
43 involved;
44 3. The place where the bite, attack or injury occurred;
45 4. The presence or absence of any provocation for the bite, attack or injury;
46 5. The extent to which property has been damaged or destroyed;
47 6. Whether the animal exhibits any characteristics of being trained for
48 fighting or attack or other evidence to show such training or fighting;
Ordinance No. 2185 N.C.S. Page 26
1 7. Whether the animal exhibits any characteristics aggressive or
2 unpredictable temperament or behavior in the presence of human
3 beings or other domestic animals;
4 8. Whether the animal can be effectively trained or retrained to change its
5 temperament or behavior;
6 9. The manner in which the animal had been maintained or cared for by its
7 owner;
8 10. Any other relevant evidence concerning the maintenance or care of the
9 animal; and
10 1 1. Any other relevant evidence regarding the ability of the owner or the
1 1 Animal Control Officer, to protect the public safety in the future if the
12 animal is permitted to remain in the City.
13
14 G. Determination of Dangerous or Potentially Dangerous Animal and Abatement
15 Order. After the hearing, the Hearing Officer may find, upon a preponderance of the
16 evidence, that the animal is dangerous or potentially dangerous. The Hearing Officer
17 may order the abatement of the nuisance created by the dangerous or potentially
18 dangerous animal by imposing some or all of the conditions found in Section 9.24.050
19 for the continued ownership of the animal. The abatement order shall supercede any
20 provisional abatement order issued by an Animal Control Officer unless the abatement
21 order is stayed by judicial action or pending judicial review. Within ten days of the
22 hearing, the determination and abatement order shall be served upon the animal
23 owner pursuant to Section 9.24.060. The determination and abatement order of the
24 Hearing Officer shall be final and conclusive.
25
26 H. Order of Humane Euthanization. If, following the hearing, the subject animal is
27 determined by a preponderance of the evidence to be dangerous and, if released to
28 the animal owner, even where reasonable abatement conditions were imposed, would
29 create a significant threat to the public health, safety, or welfare, the Hearing Officer
30 may order that the animal be humanely euthanized as permitted under California Food
31 and Agricultural Code section 31645 or its successor provisions.
32
33 1. A rebuttable presumption that an animal creates a significant threat to
34 the public health, safety and welfare exists where:
35 a. The animal has been involved in an attack resulting in the death of a
36 person, regardless of the circumstances involved.
37 b. The animal has been involved in a second attack, without
38 provocation, on another animal or livestock which occurs off the
39 property of the owner of the attacking animal and that results in the
40 death of the other animal or livestock.
41 c. The animal has been involved in a third attack, without provocation,
42 that results in anon-severe injury to a person in a place where such
43 person is acting lawfully.
44 d. A third attack, without provocation, on another animal or livestock,
45 which occurs off the property of the owner of the attacking animals;
46 e. The owner of an animal previously deemed dangerous fails, refuses or
47 is incapable of complying with the terms of an abatement order issued
48 pursuant to this Chapter.
Ordinance No. 2185 N.C.S. Page 27
1 f. The animal has been previously found dangerous and subsequently
2 exhibits any of the behaviors listed as determinative of dangerous or
3 potentially dangerous under Section 9.24.020.
4 2. Such remedy shall be in addition to all other remedies at law or in equity
5 and shall not limit or restrict such other remedies.
6 3. Within ten days of the hearing, notice of the order of humane
7 euthanization shall be served upon the owner pursuant to Section
8 9.24.060.
9 4. Any order made by the Hearing Officer to humanely euthanize an animal
10 shall be final.
11
12 9.24.050 Abatement Order and Conditions.
13
14 A. Pursuant to Section 9.24.040, the owner of an animal determined to be
15 dangerous or potentially dangerous by the Hearing Officer, shall be required to comply
16 with the abatement order of the Hearing Officer which contains any or all of the
17 following conditions:
18
19 1. Registration. To immediately register the animal that is found to be
20 dangerous with the Animal Control Officer to comply with the Animal
21 Control Officer's requirements for dangerous animal (including, but not
22 limited to, requiring i~he animal to wear a visible, dangerous animal tag),
23 and to keep such animal properly vaccinated at all times. The fee to
24 keep or maintain one dangerous animal shall be fifty dollars fora twelve-
25 month term, and the fee for each additional dangerous animal shall be
26 twenty-five dollars. The fee shall be paid for each twelve-month term.
27 Should the animal die in any twelve-month term, the owner shall notify the
28 Animal Control Officer of the death within five working days of the death.
29 2. Confinement. To keep the animal securely confined on its premises in a
30 locked enclosure approved by the Hearing Officer or the Animal Control
31 Officer from which the animal cannot escape and into which children
32 cannot trespass. Such a kennel or structure must have secure sides and a
33 secure top attached to the sides. All structures used to confine a
34 dangerous animal must be locked with a key or combination lock when
35 such animals are within the structure. Such structure must have a secure
36 bottom or floor attached to the sides of the pen or the sides of the pen
37 must be embedded in the ground no less than two feet. All structures
38 erected to house a dangerous animal must comply with all zoning and
39 building regulations of the City. All such structures must be adequately
40 lighted, ventilated, and kept in a clean and sanitary condition;
41 3. Confinement while on leash. To keep the animal securely muzzled,
42 restrained by a substantial leash of appropriate length and under the
43 control of a responsible person eighteen years of age or older who is
44 physically capable of restraining the animal when the animal is not
45 contained in a locked, secure enclosure;
46 4. Spay or neuter the animal. To have the animal spayed or neutered by a
47 licensed veterinarian and to present proof to the Animal Control Officer;
Ordinance No. 2185 N.C.S. Page 28
1 5. Insurance. To provide and maintain financial responsibility for injuries to
2 the public by obtaining and showing proof of liability insurance in the form
3 and amount deemed to be acceptable by the Hearing Officer or City
4 Attorney in light of all the circumstances. Such insurance policy shall
5 provide that no cancellation of the policy will be made unless ten days
6 written notice is first given to Animal Services and the City Clerk's Office;
7 6. Bond. The posting of a bond or other proof of ability to pay a damage
8 award in the amount of fifty thousand dollars;
9 7. Notification. To immediately inform any City, county, postmaster or utility
10 company meter readers and anyone else that lawfully comes onto the
1 1 property, of the animal's dangerousness and to inform animal control
12 and/or the Chief of Police if the animal is moved to another location
13 inside or outside the City limits as provided by this Chapter;
14 8. Signs. To display in a prominent place on the premises a sign easily
15 readable by the public using the words "Beware of Dog" or "Beware of
16 Animal" in letters at least three inches high;
17 9. Numbers and tattoo. To have a registration number assigned to such
18 animal tattooed by a licensed veterinarian on the animal's inner thigh or
19 inserted by a licensed veterinarian under the animal's skin by means of an
20 electronic identification device. The manner and method of
21 identification to be used hereunder shall be determined by the Hearing
22 Officer. For the purpose of this section, "tattoo" shall be defined as any
23 permanent numbering of an animal by means of indelible or permanent
24 ink;
25 10. Inspection. To consent and agree to the entry upon the premises to any
26 police officer or Animal Control Officer for the purpose of inspecting the
27 animal and/or premises;
28 1 1. Payment of cost. To make reasonable payment of costs incurred by the
29 City and. animal control agent in the hearing process, not to exceed one
30 thousand dollars;
31 12. Other. To take any other steps deemed reasonably necessary to prevent
32 injuries to the public.
33
34 B. The owner of the animal shall comply with the conditions imposed by the hearing
35 officer within thirty (30) days. of the order.
36
37 C. All owners of dangerous animals must within ten days of the effective date of the
38 abatement order provide the Animal Control Officer with two photographs (color) of
39 the registered animal clearly showing the color and approximate size of the animal.
40
41 D. No dangerous animal shall be kept on a porch, patio or in any part of a house or
42 structure that would allow the animal to exit such building on its own volition. In
43 addition, no such animal may be kept in a house or structure when the windows are
44 open or screen doors are the only obstacle preventing the animal from exiting the
45 structure.
46
47 E. Failure to comply with Dangerous or Potentially Dangerous Order.
48
Ordinance No. 2185 N.C.S. Page 29
1 1. It is unlawful for the owner of an animal deemed dangerous or potentially
2 dangerous under this Chapter to fail to comply with conditions set forth in
3 an abatement order. Any animal found to be the subject of a violation of
4 an order shall be subject to immediate seizure and impoundment. The
5 Hearing Officer shall notify the animal owner to show cause whether the
6 animal shall be humanely euthanized for a failure to comply with the
7 conditions contained in the dangerous or potentially dangerous order.
8 2. The Hearing Officer shall provide written notice pursuant to Section
9 9.24.060 that the animal will be humanely euthanized unless, within
10 fourteen days from the date of the notice:
1 1 a. The owner has demonstrated to the satisfaction of the Hearing Officer
12 that the owner has fully complied with the requirements and
13 conditions set forth in the abatement order; or
14 b. The owner has filed in a court of competent jurisdiction a petition that
15 seeks to stay euthanization of the animal and has served a copy of
16 such petition upon the Hearing Officer.
17 3. If, after fourteen days from the date of such notice, the owner has not
18 complied with the provisions of subdivisions (1) or (2) of this subsection, the
19 Hearing Officer may, without further notice or process, have the animal
20 humanely euthanized.
21
22 9.24.60 Notice and Service Requirements.
23
24 When this Chapter requires the provision of notice or service, the notice or
25 service shall be in writing. If a right may be exercised or an act is to be done and the
26 notice or service of it is required to be given but the time within which the notice or
27 service must be given is not specified, the notice or service shall be given at least ten
28 (10) days before the time the right must be exercised. The .notice or service shall be
29 served either personally or by first class mail in a sealed envelope with postage prepaid,
30 addressed to the animal owner at his/her last known mailing address and deposited in
31 a facility maintained by the United States Department of Postal Service. The person
32 providing such notice or service shall sign a declaration under penalty of perjury that
33 notice or service has been made. In the event that the last known address of the
34 animal owner cannot be ascertained, the Hearing Officer or Animal Control Officer
35 shall sign a declaration under penalty of perjury that best efforts were made to provide
36 notice or service to the animal owner. In the case of service by mail, notice or service is
37 complete at the time the notice is deposited in fhe United States mail.
38
39 9.24.070 Transfer and Training of Dangerous Animals.
40
41 A. Sale or transfer within City.. No person shall sell, transfer or in any other way
42 dispose of an animal deemed dangerous under this Chapter to any person within the
43 City unless the recipient person resides permanently in the same household and on the
44 same premises as the owner of such animal.
45
46 B. Sale or transfer outside City. The owner of an animal that has been deemed
47 dangerous under this Chapter may sell, transfer, or otherwise dispose of such animal or
48 the offspring thereof to persons who do not reside within the City, provided the owner
Ordinance No. 2185 N.C.S. Page 30
1 first notifies the Hearing Officer and the Animal Control Officer of the proposed sale or
2 transfer. Such notice shall be given not less than fifteen days in advance of the sale or
3 transfer and shall specify the name and address of the recipient person. Upon receipt
4 of such notice, the Hearing Officer or the Animal Control Officer may notify the
5 governmental jurisdiction in which the recipient person is located or resides. Failure to
6 comply with these notification provisions shall be grounds for immediate impoundment
7 of the animal by the Animal Control Officer.
8
9 C. Sale or transfer into City. It shall be unlawful for a person to possess, own or
10 control any animal for the purpose of either temporary or permanent care in the City
1 1 limits that has been deemed by another governmental jurisdiction to be potentially
12 dangerous, dangerous, vicious, or a threat to the safety of human beings or domestic
13 animals. The Animal Control Officer may order the person having possession, ownership
14 or control of the animal to remove the animal immediately from the City. Should such
15 person fail to comply with the Animal Control Officer's order, the Animal Control Officer
16 may summarily and immediately impound the animal. The owner of the animal shall be
17 liable for the costs and expenses of impounding and keeping the animal. Such
18 impounded animals may then be disposed of in accordance with the provisions of this
19 Chapter.
20
21 D. Fighting training and animal abuse prohibited. It shall be unlawful to use, train,
22 keep, harbor, own or in any way possess or transport through the City an animal for the
23 purpose of animal fight exhibitions. Scars and wounds are refutable evidence of
24 participation in animal fight exhibitions or training. "Fight training" is defined to include,
25 but not limited to:
26
27 1. The use or possession of treadmills for fight training;
28 2. Actions designed to torment, badger or bait any animal for purpose of
29 encouraging said animal for fight exhibitions;
30 3. The use of weights on the animal for fight training;
31 4. The use of other animals for blood sport training;
32 5. Any other activity, the primary purpose of which is the training of animals
33 for aggressive or vicious behavior or animal fight exhibitions. It shall further
34 be unlawful for anyone to knowingly abuse any animal within the City
35 limits.
36
37 9.24.080 Enforcement and Penalties.
38
39 A. Violations and penalties. Unless otherwise specified, any violation of this
40 Chapter shall be a misdemeanor..
41
42 B. Ownership of dangerous animals. The owner of an animal determined to be
43 dangerous or ordered humanely euthanized pursuant to this Chapter shall be
44 prohibited from owning, possessing, controlling or having custody of any other animal
45 of the type to which the violation applies for a period of three years from the date of
46 violation when it is found after the hearing conducted pursuant to this Chapter that
47 ownership or possession of such animal by that person would create a significant threat
48 to public health, safety or welfare.
Ordinance No. 2185 N.C.S. Page 31
1
2 C. Enforcement. Any provisions of this Chapter may be enforced by the police
3 department, fire department, the Animal Control Officer or any authorized designee of
4 the Manager of Animal Services. Complaints of any violations of this Chapter which are
5 subject to penalties under this section may be presented to the District Attorney's Office
6 or to the City Attorney for prosecution.
7
8 D. Cost Recovery of Abatement. The costs of abating a public nuisance pursuant
9 to the provisions of this Chapter may be recovered from the owner of the animal
10 causing the public nuisance pursuant to Chapter 1.15 of this Code. In any action,
1 1 administrative proceeding, or special proceeding initiated by the City under this
12 chapter, the prevailing party may recover attorneys' fees. Recovery of attorneys' fees
13 by the prevailing party is limited to those individual actions or proceedings in which the
14 City elects, at the initiation of that individual action or proceeding, to seek recovery of
15 its own attorneys' fees. The award of attorneys' fees to the prevailing party shall in no
16 circumstances exceed the amount of reasonable attorneys' fees incurred by the City in
17 the action or proceeding.
18
19 E. Penalties and remedies cumulative. The penalties and remedies specified herein
20 shall not be exclusive but shall be cumulative with all other remedies at law or in equity.
21 The City may, in its discretion, elect to pursue any one or more of the penalties or
22 remedies provided for herein or at law or in equity.
23
24
25 CHAPTER 9.28
26
27 IMPOUNDMENT
28
29 9.28.010 Care of Impounded Animals.
30
31 Animal Services shall ensure that all impounded. receive suitable and
32 adequate food, water, and shelter.
33
34
35
36 9.28.020 Registry of Impounded Animals.
37
38 Animal Services shall maintain a registry of impounded animal describing
39 the type, sex and other identifying characteristics of the animal, the date of
40 impoundment, if licensed the license number of the dog, the name of the person
41 /redeeming or purchasing the animal, and any fees or charges paid.
42
43 9.28.030 Fees for Redemption and Care of Animals.
44
45 Fees for redemption, care and feeding of animals shall be set by City
46 Council resolution. Greater redemption. fees shall be charged for animals redeemed
47 two or more times.
48
Ordinance No: 2185 N.C.S. Page 32
1 9.28.040 Suspected Rabid Animals -Examination and Impoundment.
2
3 The Animal Control Officer shall seize any animal which there is reason to
4 believe is infected with rabies, and take that animal to a veterinarian for examination.
5 If the veterinarian determines that the animal may be infected with rabies, the Animal
6 Control Officer shall impound such animal for the period mandated by the laws of this
7 state and shall notify Sonoma County Animal Regulation, the agency responsible for
8 rabies monitoring in this county. The animal's owner shall be charged for all costs
9 incurred or fees applicable, with respect to the examination, confinement, or
10 impoundment of the animal.
11
12 9.28.050 Grounds for Impoundment.
13
14 A. Animals at Large: The Animal Control Officer may seize and impound an animal
15 which is at large as defined in Section 9.08.120. A dog that has strayed from, but then
16 returned to the private property of its owner and/or possessor shall .not be seized or
17 impounded merely for a violation of Section 9.08.120.. In such a case, a citation for such
18 violation may be issued; provided, however, that the owner and/or possessor is not at
19 home the dog may be impounded, but the Animal Control Officer shall post a notice of
20 such impoundment on the front door of the owner's and/or possessor's dwelling. Such
21 notice shall contain the information required by the California Government Code
22 Section 53074.
23
24 B. Except as provided in subsection A of this section, an animal may be impounded
25 for violation of any provisions of this title, or the laws of this state, in accordance with the
26 procedures specified in Chapter 9.28.
27
28 9.28.060 Procedures for Impoundment.
29
30 A. Except as provided n Section 9.28.070, the Animal Control Officer may not seize
31 or impound an animal without the consent of the owner and/or possessor, unless apre-
32 impoundment notice is provided in accordance with subsection B of this section.
33
34 B. At least five days prior to the date of impoundment the owner and/or possessor
35 of the animal shall be served in person or by mail with a notice that his/her animal will
36 be subject to impoundment on or after a specified date. The notice shall state that the
37 owner and/or possessor may request a hearing before the animal Hearing Officer prior
38 to the date for impoundment specified in the notice. The filing of a timely appeal shall
39 stay the impoundment of the animal until the conclusion of the hearing.
40
41 C. Whenever a timely appeal is filed, the animal Hearing Officer shall conduct a
42 pre-impoundment hearing to determine whether impoundment of the animal is
43 authorized under this title. The decision of the animal Hearing Officer shall be based on
44 the weight of the evidence and shall be final. The owner and/or possessor of the
45 animal shall be given notice of the decision in person or by mail.
46
47 D. Whenever the owner and/or possessor of an animal is served with an abatement
48 order pursuant to Section 9.08.180 governing animal noise or Chapter 9.24 governing
Ordinance No. 2185 N.C.S. Page 33
1 potentially dangerous and dangerous animals, the notice of impoundment may be
2 incorporated within the abatement order. A hearing pursuant to Chapter 9.24 before
3 the Hearing Officer shall also constitute the pre-impoundment hearing specified in
4 subsection C of this section.
5
6 9.28.070 Procedures for Immediate Impoundment.
7
8 A. The Animal Control Officer may immediately seize and impound an animal for
9 violation of this title or the laws of this state without providing apre-impoundment
10 notice of hearing under the following circumstances:
11
12 1. The owner and/or possessor of the animal provides consent for the
13 impoundment;
14 2. The animal is at large and immediate impoundment of the animal is
15 authorized under Section 9.28.050(A);
16 3. The Animal Control Officer has reasonable grounds to believe that the
17 animal may be rabid;
18 4. The Animal Control Officer has reasonable grounds to believe that the
19 animal is a potentially dangerous or dangerous animal as described in
20 Chapter 9.24;
21 5. To protect an animal which is injured, sick, starving or suffering from heat,
22 cold or confinement, which is in need of immediate care;
23 6. When immediate seizure is necessary to protect from injury any animal
24 which has strayed onto a public street or highway or other public place;
25 7. When the Animal Control Officer has reasonable grounds to believe that
26 immediate impoundment is necessary to protect the public health or
27 safety of any person or animal.
28 8. Pending an administrative hearing pursuant to Chapter 9.24 or any
29 judicial proceeding.
30
31 B. The Animal Control Officer shall within twenty-four hours of the impoundment
32 serve notice of impoundment either in writing or verbally to the owner and/or possessor
33 of the animal pursuant to Section 9.32.020. The notice shall state:
34
35 1. The date and location of impoundment;
36 2. The location where the animal is impounded;
37 3. The grounds for impoundment;
38 4. The period the animal will be held pursuant to Section 9.28.080 before
39 being humanely euthanized or otherwise disposed of;
40
41 C. In lieu of impounding, and if not contrary to public safety, the Animal Control
42 Officer may permit the animal to be confined at the owner's expense in an Animal
43 Control Officer-approved dog kennel or veterinary facility or at the owner's residence
44 provided the owner:
45
46 1. Shall not remove the animal from the kennel, veterinary facility, or
47 residence without the prior written approval of the Animal Control Officer;
48 and
Ordinance No. 2185 N.C.S. Page 34
1 2. Shall make the animal available for observation and inspection by the
2 Animal Control Officer or members of law enforcement or their authorized
3 representatives. The Animal Control Officer shall dictate to the owner or
4 custodian the exact way the animal is to be restrained while awaiting the
5 hearing.
6
7 D. The owner may request a hearing if he/she believes that the impoundment was
8 unlawful by filing a written appeal with the Animal Control Officer.
9
10 E. If an appeal hearing is requested, it shall be conducted in accordance with the
1 1 procedures specified in Section 9.28.060(c) and shall be scheduled no later than five
12 days after the date the appeal was filed. The animal Hearing Officer shall determine
13 whether the impoundment was authorized under this title. If the impoundment is found
14 to be unlawful, the animal shall be released forthwith to the owner, and the costs of
15 impoundment shall be borne by the City.
16
17 9.28.080 Holding Period for Animal.
18
19 A. Unlicensed dogs shall be maintained a minimum of four business days including
20 the day of impoundment.
21
22 B. Licensed dogs shall be maintained a minimum of ten days following the date of
23 impoundment.
24
25 C. Any horse, mule, burro or bovine animal shall be maintained a minimum of four
26 business days including the day of impoundment, anal be disposed of as required by
27 Section 17003 of the California Agricultural Code. Upon expiration of the fourth day
28 after the impoundment, if no person has appeared to claim such animal, the Animal
29 Control Officer shall notify the State Director of Agriculture as required by Section 17003
30 of the California Agricultural Code.
31
32 D. All other animals shall be maintained a minimum of four business days including
33 the day of impoundment.
34
35
36 9.28.090 Disposition of Animal.
37
38 A. After the holding period specified in Section 9.28.080 has expired, Animal
39 Services is authorized to make the animal available for adoption or to dispose of the
40 animal by humane euthanasia.
41
42 B. Exceptions. If an appeal of the impoundment is pending, Animal Services may
43 not dispose of the animal until after a determination is made by the animal Hearing
44 Officer.
45
46
47
48
Ordinance No. 2185 N.C:S. Page 35
1 9.28.100 Summary Euthanization of the Animal.
2
3 Animal Services may cause an impounded animal to be destroyed without waiting for
4 the holding period specified in Section 9.28.080 to expire, when such animal is severely
5 injured, or infected with a dangerous or communicable disease. Animal Services shall
6 make a reasonable effort to notify the owner of the animal, if known, prior to the
7 euthanization of the animal.
8
9 9.28.1 10 Redemption of Animal by Owner.
10
1 1 A. The owner of an impounded animal may redeem the animal at any time prior to
12 its legal disposition by providing proper identification, obtaining a dog or cat license. or
13 other permit when required under this title and paying all fees and charges for the care,
14 feeding and veterinary treatment of the animal. If the owner fails to pay the required
15 fees or charges, or to obtain any required license or permit, the animal shall be treated
16 as unredeemed by the owner and disposed of in accordance with Section 9.28.090.
17 Exceptions: If the impounded animal has been the subject of an abatement order
18 pursuant to Section 9.08.180 or Section 9.24.040, the animal shall not be released unless
19 the owner is willing and able to comply with the terms of the abatement order.
20
21 B. Animal Services may retain an impounded animal for purposes of investigation or
22 prosecution of any violations of this title, the Petaluma Zoning Ordinance or the laws of
23 this state. If a request for redemption is made by the owner of the animal, the costs of
24 the continued impoundment of the animal from the date the request for redemption is
25 made shall be borne by the City unless the continued impoundment of the animal is
26 upheld by the animal Hearing Officer. The owner of the animal may appeal the
27 continued impoundment of the animal within five working days after a request for
28 redemption is denied by the Animal Control Officer. A hearing shall be set before the
29 animal Hearing Officer within five working days of the filing of the appeal.
30
31 C. In such cases where an impounded animal is found to be dangerous, the animal
32 may be released subject to the conditions set forth in Chapter 9.24.
33
34 9.28.120 Redemption after Release to Third Party.
35
36 Animals adopted from the Petaluma Animal Shelter after the legal holding
37 period will not be returned to the original owner.
38
39 9.28.130 Requirements for Animal Adoption.
40
41 Animal Services shall require the mandatory spay/neuter of any cat or
42 dog or rabbit prior to adoption of said animal from the shelter. Fees for adoption shall
43 be set by the City Council and posted at the shelter.
44
45
46
47
48
Ordinance No. 2185 N.C.S. Page 36
1
2
3
4 CHAPTER 9.32
5
6 ENFORCEMENT, PENALTIES AND NOTICE
7
8 9:32.010 Penalties for Violation.
9
10 Any person violating a provision of this Title shall be guilty of a
1 1 misdemeanor, unless a specific provision makes a violation an infraction.
12
13
14
15 9.32.020 Notice and Service Requirements.
16
17 When this Chapter requires the provision of notice or service, the notice or
18 service shall be in writing. If a right may be exercised or an act is to be done and the
19 notice or service of it is required to be given but the time within which the notice or
20 service must be given is not specified, the notice or service shall be given at least ten
21 (10) days before the time the right must be exercised. The notice or service shall be
22 served either personally or by first class mail in a sealed envelope with postage prepaid,
23 addressed to the animal owner at his/her last known mailing address and deposited in
24 a facility maintained by the Uhited States Department of Postal Service. The person
25 providing such notice or service shall sign a declaration under penalty of perjury that
26 notice or service has been made. In the event that the last known address of the
27 animal owner cannot be ascertained, the Hearing Officer or Animal Control Officer
28 shall sign a declaration under penalty of perjury that best efforts were made to provide
29 notice or service to the animal owner. In the case of service by mail, notice or service is
30 complete at the time the notice is deposited in the United States mail.
31
32
33 9.32.030 Enforcement.
34
35 Any provisions of this Chapter may be enforced by the Police
36 Department, Fire Department, the Animal Control Officer or any authorized designee of
37 the Manager of Animal Services. Complaints of any violations of this Chapter which are
38 subject to penalties under this section may be presented to the District Attorney's Office
39 or to the City Attorney for prosecution.
40
41
42
43 9.32.040 Cost Recovery of Abatement.
44
45 The costs of abating a public nuisance. pursuant to the provisions of this
46 Title may be recovered from the owner of the animal causing the public nuisance
47 pursuant to Chapter 1.15 of this Code. In any action, administrative proceeding, or
48 special proceeding initiated by the City under this Title, the prevailing party may
Ordinance No. 2185 N.C.S. Page 37
1
1 recover attorneys' fees. Recovery of attorneys' fees by the prevailing party is limited to
2 those individual actions or proceedings in which the City elects, at the initiation of that
3 individual action or proceeding, to seek recovery of its own attorneys' fees. The award
4 of attorneys' fees to the prevailing party shall in no circumstances exceed the amount
5 of reasonable attorneys' fees incurred by the City in the action or proceeding.
6
7 9.32.050 Penalties and Remedies Cumulative.
8
9 The penalties and remedies specified herein shall not be exclusive but
10 shall be cumulative with all other remedies at law or in equity. The City may, in its
1 1 discretion, elect to pursue any one or more of the penalties or remedies provided for
12 herein or at law or in equity.
13
14 INTRODUCED and ordered posted/#~ this 17'" day of May 2004.
15
16 ADOPTED this 14'" day of June 2004, by the following vote:
17
1.8 AYES: Mayor Glass, Healy, Vice Mayor Moynihan, O' Brien, Torliatt
19
20 NOES: None
21
22 ABSENT: Harris, Thompson
23 1 l
24
25 ~ ~ -
26 Da~~iid Glass, Mayor
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28
29
30
31
32 ATTEST: APPROVED AS TO FORM:
33
34
35
36
37 ayie tersen, City Clerk Rich d R. udnansky, Ci ttorney
38
39
40
41
42
43
44
45
46
47
Ordinance No. 2185 N.C.S. Page 38