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HomeMy WebLinkAboutOrdinance 1616 N.C.S. 05/06/1985~~k.R®f MAy co 9 `- Introduced. by JOHN BALSHAW Seconded by LAWRENCE TENCER AN ORDINANCE AMENDING TITLE 9 OF THE PETALUMA MUNICIPAL CODE GOVERNING ANIMAL KEEPING, ANIMAL PERMITS, DOG LICENSES, VICIOUS ANIMALS, AND IMPOUNDA~IENT, AND PROVIDING PENALTIES THEREFOR AND DECLARING THE URGENCY THEREOF, TO TAKE EFFECT IMMEDIATELY. BE IT ORDAINED by the Council of the City of Petaluma as follows: Section 1. Chapter 9.04 (Animal Keeping) , Chapter 9.08 (Dog Licenses Chapter 9.12 (Impoundment) , and Chapter 9.16 (Fines) of Title 9 of the Petaluma Municipal Code are hereby repealed in their entirety. Section 2. A new Chapter 9.04 entitled "General Provisions and Definitions is hereby added to the Petaluma Municipal Code to read as follows CHAPTER 9.04 -GENERAL PROVISIONS AND DEFINITIONS. Sections 9.04.010 Name 9.04.020 Definitions 9.04.030 Duties and Powers of Animal Control Officers 9.04.040 Right of Entry for Enforcement 9.04.010 NAME. Title 9 of this Code shall be known and may be cited as the Petaluma Animal Control Ordinance. 9.04.020 DEFINITIONS. As used in Title 9, unless the context clearly indicates otherwise, the following definitions shall apply: A. "Animal" shall mean any non-human mammal, bird, reptile, amphibian or fish including, but not limited to dog, cat, horse, goat, sheep and. chicken and all animals defined in California Penal Code Section 597. B . "Animal Control Officer" shall mean the person appointed by the City Manager as Animal Control Officer and any designated assistants, any peace officer and any designated Police Department employee. C. "Animal Hearing Officer" shall mean the person(s) appointed by the City Manager to conduct all hearings authorized by Title 9. D . "Bee" shall mean a honey producing insect of the species Apis Mellifica, including the adults, eggs, larvae, pupae or other immature states thereof . EFFECTIVE DATE OF ORD. MAY 6, 198 ORDINANCE NO. 161E N.C.S. r E'. "Beehive" shall mean any receptacle or container made for use of bees , or box or similar container of which bees have taken possession . F. "Cat" shall mean a domestic cat (Felis catus) . Cats are the personal property of its owner. G . "Commercial Kennel" shall mean any premises except veterinary hospitals, animals shelters or private kennels where four (4) or more dogs, four (4) months in age or older are kept for commercial purposes. H. "Dog" shall mean domestic dog (Canine familiaris) of any age and either sex. I. "Domestic Fowl" shall mean chickens, ducks, pigeons, geese, turkey or other commonly domesticated fowl. J. "Impound" shall mean to take into the custody by the .Animal Control Officer as authorized by Title 9. K. "Owner" shall mean any person over 18 years of age owning, keeping, harboring, or having custody of, or possession of any animal. An animal shall. be deemed to be harbored if it is fed or sheltered for thirty or more consecutive days. This definition shall not apply to a veterinarian in the regular practice of his profession as to any animal in his possession while being treated or cared for. This definition shall not apply to an operator of a commercial kennel as to any animal that is being boarded in the regular practice of his business. L. "Livestock" shall mean horses, mules, jacks, cows, cattle, goats, rabbits, sheep or any other similar livestock, Bovine, Caprine, Equine, .and Ovine . M. "Person" shall mean and include any individual, firm, partnership, corporation, or association of persons. N . "Pet Shop" shall mean a premises wherein pet animals are kept for purposes of wholesale or retail sale, exchange, or hire to the public. "Pet shop" does not include any place or premises where pet animals are occasionally sold. Pet animals shall mean dogs, cats, monkey and other primates, rabbits, birds, guinea pigs, hamsters, mice, snakes, iguanas, turtles , and any other species of animal sold or trained for the purpose of being kept as a household pet. O. "Possessor" shall mean any person other than the owner of an animal who has lawful custody or possession of the animal. P. "Premises" shall mean and include any dwelling, building, real property, vehicle, vessel or part thereof. Q. "Private Kennel" shall mean a person who maintains within or adjoining his private residence (4) or more dogs, four (4) months in age or older . 2 ~. R . "Rabies Control Act" shall mean and refer to California Health and Safety code Sections 1900 and sections following governing the identification, quarantine, and control of rabid animals. S. "Served by Mail" shall refer to service by registered or certified letter. The date the letter is posted in the mail shall constitute the date the letter was served by mail. T. "Veterinarian" shall mean a person licensed to practice veterinary medicine by the State of California. U. "Veterinary Hospital" shall mean a premises operated by a veterinarian for the treatment of diseases and injuries to animals . 9.04.030 DUTIES AND POWERS OF ANIMAL CONTROL OFFICERS. A . Animal Control Officers shall exercise all powers and have all the duties of public officers, as is provided by Section 836.5 of the California Penal Code, and shall have the power to arrest a person without warrant when such officer has reasonable cause to believe that such person has committed a violation of Title 9, or any other provision of this Code, the Petaluma Zoning Ordinance or the laws of this State relating to the care, control and keeping of animals. Animal Control Officers may release any person so arrested upon the person's written promise to appear. Animal Control Officers may arrest any person upon a warrant issued by a court of competent jurisdiction . B. Animal Control Officers shall enforce all the provisions of Title 9, and any other provisions of this Code, the Petaluma Zoning Ordinance, or the laws of this State relating to the care, control and keeping of animals and investigate complaints of violations thereof. Animal Control Officers are authorized to issue warnings or citations for violations of the aforesaid ordinances and state laws . C. Animal Control Officers shall enforce the California Rabies Control Act and provisions of Title 9~ of this Code relating to rabies control. D. Animal Control Officers shall operate the Petaluma Animal Center. This section shall not however, prevent the City Council from contracting with an organization for the operation of the Animal Control Center on such terms and subject to such conditions as the City Council shall determine. E. Animal Control Officers shall issue all licenses and permits, and collect all fees and charges as authorized by Title 9. F. Animal Control Officers may seize, impound, and humanely destroy any animal when authorized by provisions of Title 9 or the laws of this State relating to the care, control and keeping of animals. 3 ~ ~ / 9.04.040 RIGHT OF ENTRY FOR ENFORCEMENT. For the purposes of enforcement of the ordinances and laws specified in Section 9.04.030 B , an Animal Control Officer may seek entry upon private property. If the property is occupied, the Animal Control Officer shall identify himself/herself, request entry, and explain the reasons therefor. If the property appears unoccupied, the Animal Control Officer shall make a reasonable effort to locate the owner or occupant thereof . The Animal Control Officer may enter property, without first securing a warrant under the following circumstances and conditions A. When authorized by the laws of this State. B . With the express permission of the owner or occupant of the property. C. When there is probable cause to believe that any rabid animal is present upon the property and there is an immediate hazard to the animal, other animals or the public safety. D. When there is probable cause to believe that the keeping or maintaining of the animal on the private property is so hazardous or dangerous as to require immediate inspection and/or impoundment of the animal to safeguard the safety of the animal, other animals or the public safety. E. When in hot pursuit of an animal: (1) When said animal has been running at large on any highway or road or other public property, or on private property and the owner thereof has requested that the animal be apprehended. (2) When any dog is trespassing on private property and is liable to cause damage to livestock, other animals or other property. (3) Provided that if consent is denied for entrance on the property by the owner or occupant thereof, the Animal Control Officer shall obtain a warrant as specified in Subsection F. If the owner or occupant of the property cannot be located to obtain his consent for entrance on .the property, nothing in this subsection shall authorize the entry into a dwelling as defined in the Petaluma Zoning Ordinance, except in accordance with Subsection F. F. Except as authorized in Subsections A-E, the Animal Control Officer may enter upon private property only upon obtaining an inspection warrant as authorized by California Code of Civil Procedure Section 1822.50, et seq., or a search warrant from a court of competent jurisdiction authorizing the entry. 4 . , Section 3. A new Chapter 9.08 entitled "Animal Ownership and Keeping" is hereby added to the Petaluma Municipal Code to read as follows CHAPTER 9.08 ANIMAL OWNERSHIP AND KEEPING Sections 9.08.010 Ownership 9.08.020 Private and Commercial Kennels 9.08.030 Bee Hives and Swarms Prohibited 9.08.040 Keeping Live Hogs Prohibited 9.08.050 Keeping Domestic Fowl 9.08.060 Sanitation of Fowl Enclosures 9.08.070 Sanitation of Dog Shelters and Other Enclosures 9.08.080 Location of Dog Shelters and Other Animal Enclosures 9.08.090 Straying of Domestic Fowl or Livestock 9.08.100 Entry of Dog on Premises Maintaining Livestock or Fowl 9.08.110 Confinement of Dog During Heat 9.08.120 Animals at Large 9.08.130 Unlawful Conduct 9.08.140 Animals and Vehicles 9.08.150 Animal Wastes 9.08.160 Destruction of Property 9.08.170 Dog Barking and Other Animal Noise 9.08.180 Investigation and Abatement Order 9.08.010 OWNERSHIP It shall be presumed that any person who signs an application for a license or permit for any animal pursuant to Title 9 is the owner of the animal or animals described in said application. .Applications shall be signed by persons 18 years of age or older. 9.08.020 PRIVATE AND COMMERCIAL KENNELS No person shall keep a private or commercial kennel as defined in Section 9.04.020 within the City limits except in zone districts in which kennels are permitted by the Petaluma Zoning Ordinance in accordance with the restrictions and requirements of that ordinance. 9.08.030 BEE HIVES AND SWARMS PROHIBITED. It is unlawful for any person to keep or maintain within the City limits any swarm of bees or hive as defined in Section 9.04.020. The keeping or maintaining within City limits of any swarm of bees or. hive shall constitute a public nuisance. 9.08.040 KEEPING LIVE HOGS PROHIBITED It is unlawful for any person to keep any live hog or other swine within the City limits for a period of time longer than twenty-four hours. Keeping a hog within City limits in excess of twenty-four hours shall constitute a public nuisance. 5 9.08.050 KEEPING DOMESTIC FOWL. It shall be unlawful for any person to keep on any premises in the City any domestic fowl as defined in Section 9.04.020, unless such fowl are kept in an enclosure. No part of such enclosure shall be within twenty-five feet of any dwelling houses occupied by human beings other than the person's own dwelling, provided however, that a domestic fowl may be kept temporarily at a pet shop or other place of business for purposes of sale . 9.08.060 SANITATION OF FOWL ENCLOSURES. It shall he unlawful for any person to keep domestic fowl on any premises, unless coops and enclosures in which such fowl are kept are maintained in a sanitary manner and are regularly cleaned at least once each week, in order to prevent any accumulation of manure or offal. Violation of this section shall constitute a public nuisance . 9.08.070 SANITATION OF DOG SHELTERS AND OTHER ANIMAL ENCLOSURES. It is unlawful for any person to maintain any animal on his premises in a manner so as to cause the accumulation of manure, offal, or feces which shall cause the attraction of flies or vermin , or create smells which interfere with the use and enjoyment of any neighboring properties. All yards and other enclosures in which dogs or other animals are kept shall be maintained in a sanitary manner and regularly cleaned at least once a week to prevent the accumulation of manure, offal, or feces. 9.08.080 LOCATION OF DOG SHELTERS AND OTHER ANIMAL ENCLOSURES. All dog shelters, domestic fowl enclosures, pens and other animal enclosures shall comply with the locational requirements specified in the Petaluma Zoning Ordinance. 9.08.090 STRAYING OF DOMESTIC FOWL OR LIVESTOCK. It shall be unlawful for any owner and/or possessor of any domestic fowl or livestock to suffer or permit the same to stray from premises and to enter or remain on public property including any highway or street, or onto private property whose owner or occupant has not provided permission for entrance upon his premises. The owner and/or possessor of such animals shall be liable to the City for the salary, costs and expenses incurred by the City in restraining, capturing or rescuing domestic fowl or livestock which have strayed from the premises of the owner/possessor thereof. 9.08.100 .ENTRY OF DOG ON PREMISES MAINTAINING LIVESTOCK OR FOWL. No owner and/or possessor of a dog shall suffer or permit the dog to enter upon the premises of another person where livestock or domestic fowl 6 -~ are maintained without the consent of the owner or occupant of the premises . 9.08.110 CONFINEMENT OF DOG DURING HEAT. Any person owning and/or possessing a female unspayed dog in heat shall securely confine the dog within an enclosure, unless the dog is under the immediate physical restraint of its owner and/or possessor to prevent unplanned access by male dogs or attraction of male dogs in the vicinity. 9.08.120 ANIMALS AT LARGE. A. It shall be unlawful for any owner and/or possessor of any animal to suffer or permit such animal to be at large as defined in this section. Violations of this section are subject to citation and the animal at large is subject to impoundment as authorized by Chapter 9.28. B. In the case of dogs, "at large" means a dog that is not on the premises of its owner and/or possessor or the premises of another with permission of the owner or occupant thereof , or not under physical restraint by a person capable of controlling the dog by means of a leash not exceeding six (6) feet in length. This definition shall not apply to: 1. Guide dogs for the blind or hearing impaired while performing their duties. 2. Dogs participating in field or obedience trials or animal exhibitions . 3. Dogs assisting their owner and/or possessor in legal hunting or the herding of livestock. 4. Dogs assisting a security guard or assisting a peace officer engaged in law enforcement duties. C. In the case of animals other than dogs, "at large" shall mean an animal which is off the premises of its owner and/or possessor while not under the physical restraint of a person capable of controlling the animal. This definition shall not apply to any animal which is on the premises of another person with the consent of the owner or occupant thereof . D . In the case of any animal, "at large" shall also mean an animal which is .tethered, leashed or otherwise present on property which is not owned or controlled by the owner and/or possessor of the animal without the permission of the owner or occupant thereof . E. In the case of any animal, "at large" shall also mean an animal which. is tethered or leashed on any city street, or other city property not set aside for such tethering or leashing in such. a way as to block a public walkway or thoroughfare. F. This section shall not apply to cats. 7 r 9.08.130 UNLAWFUL 'CONDUCT. A . No person shall refuse to present any animal located on his premises for inspection by an Animal Control Officer acting within the scope of his authority under Title 9 of this Code, any other provision of this Code, the Petaluma Zoning Ordinance, or the laws of this State when so directed by the officer. B . No person shall refuse to exhibit to an Animal Control Officer acting within the scope of his authority under Title 9 of this Code, any other provision of this Code, the Petaluma Zoning ordinance, or the laws of this State, any dog license or tag, or rabies vaccination certificate which is in his possession when so directed by the officer. C. No person shall knowingly interfere with, obstruct, or hinder any Animal Control Officer in the discharge of any .of the duties imposed upon such officer pursuant to Title 9 of this Code, any other provision of this Code, the Petaluma Zoning Ordinance, or the laws of this State. D . It is unlawful for the owner and/or possessor of an animal to fail to relinquish the animal to the Animal Control Officer for impoundment when impoundment of the animal is authorized pursuant to Title 9 of this Code, or the laws of this State. 9.08.140 ANIMALS AND VEHICLES . A. No owner and/or possessor of a dog or other animal shall leave the animal in a motor vehicle without adequate ventilation, or in such a manner as to expose the animal to extremes of heat or cold. The Animal Control Officer may remove and impound an animal from a vehicle if the animal's safety appears to be in immediate danger from heat or cold or lack of adequate ventilation. B. No owner and/or possessor of a dog or other animal shall transport the animal on any public street or highway in a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a container, cage, rope, chain or other device capable of preventing the animal from falling from or jumping from the vehicle. 9.08.150 ANIMAL WASTES. An owner and/or possessor of any dog which defecates on a public sidewalk, in a public park, public building, or on private improved property without the consent of the owner or occupant thereof., shall immediately remove the excrement from any such place to a site not prohibited by law. This restriction shall not apply to areas within the City specifically .set aside for the exercise of animals. 9.08.160 DESTRUCTION OF PROPERTY. It is unlawful for any owner and/or possessor of an animal to suffer or permit that animal to destroy or cause damage to property not belonging to or under the control of the owner and/or possessor. The destruction of such property shall constitute a public nuisance. 8 9.08..170 DOG BARKING AND OTHER ANIMAL NOISE. It is unlawful for the owner and/or possessor of any dog, cat, domestic fowl or other animal to suffer or permit the animal to bark, cry, howl, or make any other frequent or long continued noise that disturbs the peace and quiet of persons who reside or work in the neighborhood, provided that at the time that the animal is making such noise no person is trespassing or threatening to trespass on the premises where the animal is kept, or no person is teasing or provoking the animal. Such noise constitutes a public nuisance and each day that the animal is suffered or permitted to continue the aforedescribed noise constitutes a separate offense. Exceptions. Nothing herein shall be construed to apply to noise levels emanating from a legally operated veterinary hospital, humane society, animal control shelter or farm. 9.08.180 INVESTIGATION AND ABATEMENT ORDER . A. Whenever the Animal Control Officer has reasonable cause to believe a public nuisance as defined in Section 9.08.170 exists, the Officer shall investigate. B. If upon investigation, the Animal Control Officer finds that a public nuisance exists, the animal owner or possessor shall be served by mail or in person with an Abatement Order summarizing the results of the investigation and requiring abatement of the public nuisance within five days of the date of service of the Order. The notice shall state that if the owner and/or possessor fails to comply with the Order or file a timely appeal, the animal will be subject to impoundment. C . The owner and/or possessor of the animal may request a hearing before the Animal Hearing Officer to appeal the Abatement Order within five days of the date of service of the Order. A timely appeal shall stay the Abatement Order until the Animal Hearing Officer rules whether to sustain, modify, or overrule the Order. D. It is unlawful for the owner and/or possessor of an animal to fail to comply with the Abatement Order unless a timely appeal is filed and pending in accordance with Subsection C. above. E. If after investigation, the owner and/or possessor of the animal cannot be ascertained and located and the Animal Control Officer reasonably believes that the animal committing the public nuisance has been left outdoors without proper supervision for 24 or more hours, the Animal Control Officer may impound the animal if continuation of the nuisance poses an immediate threat to the health and safety of the animal. or the public safety. Impoundment shall be in accordance with the procedures for immediate impoundment specified in Section 9.28.070. F. If the owner and/or possessor of the animal fails to file a timely appeal or abate the public nuisance within five days of the date of service of the Abatement Order the Animal Control Officer may: 9 1. Cite the owner and/or possessor of the animal for violation of Sections 9.08.170 and 9.08.180. Each day that a violation occurs is a separate offense. 2. Refer the violation to the City Attorney or District Attorney for prosecution of Sections 9.08.170 and 9.08.180 and/or abatement of the public nuisance . 3. Impound the animal. The owner and/or possessor may redeem an impounded animal as specified in Chapter 9.28 provided that the owner and/or possessor agrees to comply and is able to comply with the Abatement Order, and has paid all impound fees or charges. Section 4. A new Chapter 9.1.2 entitled "Animal Permits" is hereby added to the Petaluma Municipal Code to read as follows CHAPTER 9.12 ANIMAL PERMITS Sections 9.12.010 Permit for Livestock Required 9.12.020 Permit Application 9.12.030 Issuance of Livestock Permit 9.12.040 Appeal of Livestock Permit Denial 9.12.050 Livestock Permit Revocation or Suspension 9.12.060 Permit Fees. 9.12.010 PERMIT FOR LIVESTOCK REQUIRED . A. It is unlawful to maintain any livestock as defined in Section 9.04.020 within City limits without first obtaining a permit therefor from the Animal Control Officer. B. Exemptions.. Any person who has been previously issued a livestock permit by the City pursuant to former Section 9.04.070 of this Code shall not be required to apply for a new permit unless the owner seeks to maintain on his premises a type of animal not authorized by the livestock permit, animals in greater numbers than authorized by the livestock permit, seeks to change the location where the animals are maintained or seeks to transfer the permit to another. The provisions of this Chapter 9.12 shall otherwise apply to persons who have previously been issued a livestock permit by the City. 9.12.020 PERMIT APPLICATION. A. The application for a livestock permit shall be made on a form prescribed by the Animal Control Officer and shall include the following information 1. The name (s) and address (es) of the owner (s) of the livestock . 2. The maximum number and kinds of livestock to be maintained. 10 3 . The location and facilities where the livestock will be kept . 4. Whether any previous livestock permit held by the applicant or a co-owner has been revoked or suspended by the City. 5. Such further information as the Animal Control Officer may require to determine whether to grant or deny the permit pursuant to Section 9.12.030. B . The application shall be transmitted to the Director of Community Development and Planning to determine whether the proposed use of property is in compliance with the Petaluma Zoning Ordinance. C . The Animal Control Officer may conduct an inspection of the property where the livestock will be maintained prior to granting the permit . 9.12.030 ISSUANCE OF A LIVESTOCK .PERMIT. A. The Animal Control Officer shall grant or deny a livestock permit application no later than 30 days after receipt of a completed application. The decision granting or denying such application shall be served in person or by mail. The Animal Control Officer shall grant the application unless it is determined that any of the following conditions exist: 1. The applicant or a co-owner has had a livestock permit revoked by the City within the last year, or a prior livestock permit is currently suspended. 2. The applicant has made a material misstatement on the application. 3. The maintenance of the livestock at the location set forth in the application would violate one or more provisions of this Code, the Petaluma Zoning Ordinance or the laws of this State. 4. The livestock will not be maintained within the boundaries of a lawful fence as defined in California Food and Agricultural Code Section 17121. B . The permit issued shall be valid only for the maximum number and types of animals described in said application. The permittee must apply with the Animal Control Officer for an amendment to the permit if he desires to maintain additional or different types of animals on the premises . C . The permit issued hereunder may only be transferred upon application and approval of the Animal Control Officer. D . The Animal Control Officer may impose conditions on issuance of the permit necessary to insure compliance with any provisions of this Code, the Petaluma Zoning Ordinance, the laws of this State and to protect the health and safety of the public and animals involved. 9.12.040 APPEAL OF LIVESTOCK PERMIT DENIAL. 11 i 1 The applicant may appeal the denial of a permit application or permit condition by filing a written appeal with the City Clerk stating the reason the applicant believes the denial or permit condition was improper. The appeal shall be heard by the City Council. The City Council may affirm, modify or overrule the decision of the Animal Control Officer. 9.12.050 LIVESTOCK PERMIT REVOCATION OR SUSPENSION. A. The Animal Control Officer may revoke or suspend a .livestock permit issued pursuant to Section 9.12.030 for any of the following grounds 1. The applicant has made a material misstatement on the application . 2. The permittee is in violation of any provision of this Code, the. Petaluma Zoning Ordinance, or the laws of this State. 3 . The permittee is ~ in violation of the terms and conditions of the livestock permit. 4. The livestock are not being maintained within the boundaries of a lawful fence as defined in California Food and Agricultural Code Section 17121. B . Notice of the revocation or suspension stating the grounds therefor, shall be served in person or by mail on the permittee. C. The revocation or suspension shall become effective ten days after service of a Notice thereof unless the permittee files an appeal to the City Council with the City Clerk. The revocation or suspension shall be stayed pending a decision by the City Council on the appeal. The City Council shall determine whether to affirm, modify, or overrule the decision of the Animal Control Officer. The decision of the City Council shall become effective ten days after the City Council's determination. 9.12.060 PERMIT FEES . Fees for the processing and investigation of permits issued pursuant to this Chapter 9.12 shall be determined by City Council Resolution . Section 5. A new Chapter 9.16 entitled "Dog Licenses" is hereby added to the Petaluma Municipal Code to read as follows CHAPTER 9.16 DOG LICENSES Sections 9.16.010 Dog License Required 9.16.020 License Requirements Not Applicable to Certain Dogs 9.16.030 License Fee and License Issuance 9.16.040 Fee Refunds . 9.16.050 License Duration 9.16.060 Current Rabies Vaccination Required 9.16.070 Issuance of License Tag 9.16.080 Securing of Tag to Collar 12 9.16.090 Replacement' of Tag 9.16.100 Transfer of Tag Prohibited 9.16.110 Change of Address or Ownership 9.16.120 Presentation of License on Request 9.16.130 Impoundment of Unlicensed Dog 9.16.010 DOG LICENSE REQUIRED . Every person owning a dog which is harbored within the City shall obtain a dog license as follows: A. Within thirty days after the dog reaches the age of four months. B . Within 30 days of become a resident of the City if a dog license is otherwise required under this Section. 9.16.020 LICENSE REQUIREMENTS NOT APPLICABLE TO CERTAIN DOGS . The provisions of Section 9.16.010 shall not apply to any of the following A. Any dog brought into the City for the purpose of participating in any dog show, dog exhibition, field trial or competition scheduled not more than 30 days thereafter. B . Any dog brought into the City for the purpose of receiving veterinary care in a veterinary hospital, providing that the dog is confined at all times to the hospital.. C . Any dog owned or in the possession of a nonresident of the City which is to be maintained in the City for a period not exceeding 30 days. D . Any guide dog actually being used to assist a blind or hearing impaired person . 9.16.030 LICENSE FEE AND LICENSE ISSUANCE. The license fee and any late registration charges shall be in the amount established by City Council resolution. The license shall be issued to the dog owner upon payment of the current license fee and proof of current rabies vaccination. 9.16.040 FEE REFUNDS. No refunds shall be made on any dog license because of the death of or other loss of the dog, or the owner leaving the City before the expiration of the license. 9.16.050 LICENSE DURATION. All licenses shall be issued for a period of one year commencing January 1 and expiring on December 31. Renewal periods shall be from January I through March 1 of each year. 13 9.16.060. CURRENT RABIES VACCINATION REQUIRED . No license shall be issued unless evidence of current rabies vaccination is presented to the Animal Control Officer, unless the dog is exempted from the vaccination requirement by the laws of this State. 9.16.070 ISSUANCE OF LICENSE TAG. A metallic license tag shall be issued with the dog license. The shape of the tag shall be changed every year and shall bear a stamp thereon stating the year for which it was issued, and an identification number corresponding to the number on the license. 9.16.080 SECURING OF TAG TO COLLAR . The dog owner and/or possessor shall secure the current tag to a collar, harness or similar device attached to the dog for which the license tag was issued. The dog owner and/or possessor shall insure that the dog wears such license tag at all times except when the dog is being exhibited at field or obedience trials or other dog shows and exhibitions. 9..16.090 REPLACEMENT OF TAG. Whenever a license tag is lost or damaged, the owner shall apply for and secure a replacement from the Animal Control Officer upon payment of the prescribed fee. 9.16.100 TRANSFER OF TAG PROHIBITED. License tags shall not be transferable from one dog to another. 9.16.110 CHANGE OF ADDRESS OR OWNERSHIP. The address of the owner is presumed to be the address where the dog is kept. The owner of a licensed dog shall report any change of address to the Animal Control Officer. no later than 30 days following a change of address. The owner of a licensed dog shall report the transfer of ownership or custody of the dog no later than 30 days after the change OCCllYS. 9.16.120 PRESENTATION OF .LICENSE ON REQUEST. The owner and/or possessor of the dog shall retain the dog license for the year it was issued for inspection upon request by the Animal Control Officer. 9.16.130 IMPOUNDMENT OF UNLICENSED DOG . The Animal Control Officer may take up and impound anv dog which is off the premises of its owner without a current license tag on its collar, harness or other device. Exemptions. The Animal Control Officer shall not impound any dog which is exempted from the license/tag requirements by this Chapter 9.16. 14 f~ Section 6. A new Chapter 9.20 entitled Rabies Control is hereby added to the Petaluma Municipal Code to read as follows CHAPTER 9.20 RABIES CONTROL Section 9.20.010 Vaccination Required 9.20.020 Dog to Be Kept on Owner's Premises 9.20.030 Animal Suspected of Having Rabies 9.20.040 Unlawful to Fail to Disclose Location of Rabid Animal 9.20.050 Reporting Animal Bites-Examination and Impoundment 9.20.010 VACCINATION REQUIRED. It shall be unlawful for the owner and/or possessor of a dog over four months of age to maintain the dog within the City if such dog has not been vaccinated .for rabies by a veterinarian. This requirement shall not apply to any dog which is exempted from the vaccination requirement by the laws of this State. Revaccination shall be made at such intervals of time as may be prescribed by the laws and regulations of this State. 9.20.020 DOGS TO BE KEPT ON OWNER'S PREMISES. All dogs under four months of age shall be confined to the premises of, or kept under physical restraint by its owner and/or possessor. 9.20.030 ANIb1ALS SUSPECTED OF HAVING RABIES. Any person having knowledge of the whereabouts of an animal or the carcass of an animal known to have or suspected of having rabies shall immediately notify the Animal Control Officer. 9.20.040 UNLAWFUL TO FAIL TO DISCLOSE LOCATION OF RABID ANIMAL. It is unlawful for any person having knowledge of the whereabouts of an animal or carcass suspected of having rabies to refuse to disclose the location or identity of the animal upon demand therefor from an Animal Control Officer . 9.20.050 REPORTING ANIMAL BITES-EXAMINATION AND IMPOUNDMENT. Any person who has knowledge of a dog, skunk, raccoon, or other animal subject to rabies biting a person, shall report such incident to the Animal Control Officer. Any animal which bites or otherwise exposes a person or other animal, shall in the discretion of the Animal Control Officer be examined and/or impounded as provided by the laws of this State and Chapter 9.28 of this Code. Section 7. A new Chapter 9.24 entitled "Vicious Animals" is hereby added to the Petaluma Municipal Code to read as follows CHAPTER 9.24 VICIOUS ANIMALS 15 :,j; ~ T. Sections 9.24.010 Vicious Animal Defined 9.24.020 Possession Unlawful 9.24.030 Violation Deemed a Public Nuisance 9.24.040 Investigation and Abatement Order 9.24.050 Failure to Company with Abatement Order and Impoundment 9.24.060 Immediate Impoundment of Vicious Animal 9.24.070 Change of Ownership of Vicious Animal 9.24.010 VICIOUS ANIMAL DEFINED. A. A "vicious animal" means an animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior: 1. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself peaceably and lawfully. 2 . An attack , without provocation , on another animal or livestock which occurs off the property of the owner of the attacking animals. 3. An attack, without provocation, that results in an injury to a person in a place where such person is conducting himself peaceably and lawfully . 4. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peaceably and lawfully. For the purposes of this section, a person is peaceably and lawfully upon the private property of an owner of the animal when he is on such property in the performance of any duty imposed upon him by the laws of the State or any city or county, or by the laws or postal regulations of the United States, or when he is on such property upon invitation, express or implied . B. "Vicious Animal" also means an animal which has been found to be a vicious animal pursuant to Section 9.24.040 (B) 9.24.020 POSSESSION UNLAWFUL. It is unlawful for the owner and/or possessor of a vicious animal to maintain the animal within the city limits unless it is penned, muzzled, or otherwise confined so that it cannot bite, attack, or cause injury to any person or other animal. 9.24.030 VIOLATION DEEMED A PUBLIC NUISANCE. A vicious animal in violation of this Chapter shall constitute a public nuisance . 9.24.040 INVESTIGATION AND ABATEMENT ORDER . 16 ,yy~: A. Investigation. Whenever the Animal Control Officer has reasonable cause to believe a vicious animal is being maintained within the City in violation of this Chapter, the Officer shall investigate. B. Findings and Notice of Abatement Order. If upon investigation the Animal Control Officer finds that the animal is vicious as defined in Section 9..24.010(A) , the animal owner and/or possessor shall be personally served or served by mail with an Abatement Order summarizing the results of the investigation. If the owner and/or possessor cannot be ascertained and located, an Abatement Order shall be served by posting the Abatement Order on the property where the animal was found. The Abatement Order may impose conditions and restrictions for maintenance of the animal pursuant to Subsection C below. The Abatement Order shall state that the owner and/or possessor of the animal has five (5) days from the date of service thereof to comply with the Order or to file a request fora hearing before the Animal Hearing Officer. If the owner and/or possessor fails to file a timely appeal, the Abatement Order of the Animal Control Officer shall become final. Filing of a timely appeal shall stay the Abatement Order until a determination is made by the Animal Hearing Officer pursuant to Subsection D below. C . Restrictions and Conditions for maintaining a vicious animal . The Abatement Order may impose restriction and conditions for maintaining a vicious animal to protect the public safety and the safety of other animals. Such conditions may include, but are not limited to, the following 1. The posting of a bond or other proof of ability to pay a damage award in the amount of ten thousand dollars ($10,000) . 2. Requirements as to size, construction and design of an enclosure for the animal. 3. Requirements as to the location of the animal's residence. 4. Requirements as to the type and method of restraints and/or muzzling of the vicious animal. 5. Photographing of a vicious animal for purposes of identification. D. Hearing upon appeal. If the owner files a timely appeal pursuant to Subsection B above, a hearing shall be conducted before an Animal Hearing Officer who shall decide whether to sustain, modify or overrule the Abatement Order. The owner and/or possessor shall be served in person or by mail with the decision of the Animal Hearing Officer. 9.7.4.050 FAILURE TO COMPLY WITH AN ABATEMENT ORDER AND IMPOUNDMENT. A. It is unlawful for an owner and/or possessor to fail to comply with an Abatement Order issued pursuant to Section 9 . ?.4.040 unless a timely appeal is filed and pending in accordance with Subsection 9.24.040(B) above. 17 r~ ~ B, In the event that an owner and/or possessor fails to comply with an Abatement Order, the Animal Control Officer may take one or more of the following actions: 1. Cite the owner and/or possessor of the animal for violation of this Chapter. Each day that a violation occurs is a separate offense. 2. Refer the matter to the City Attorney or District Attorney for prosecution of the alleged violation or for abatement of the public nuisance. 3. Impound the animal in accordance with the procedures specified in Chapter 9.28 of this Code . The owner and/or possessor may redeem an impounded animal prior to its final disposition by the Animal Control Officer in accordance with the provisions of Chapter 9.28 provided that the owner and/or possessor agrees to comply and is able to comply with the Abatement Order and has paid all impound fees and charges . 9.24.060 IMMEDIATE IMPOUNDMENT OF A VICIOUS ANIMAL. A. Notwithstanding the provisions of Section 9.24.050, an Animal Control Officer may immediately seize and impound an animal for any of the following reasons: 1. The animal is at large or is otherwise in violation of Title 9 of this Code and immediate impoundment of the animal is authorized by Chapter 9.28 of this Code . 2. Whenever the owner and/or possessor consents to immediate impoundment of the animal. 3. The Animal Control Officer reasonably believes that immediate impoundment is necessary for preservation of the public's health or safety, the safety of other animals or the animal involved. Relevant factors in making this determination include whether the animal has attacked and caused serious bodily injury to a person or animal, whether the owner and/or possessor has suffered or permitted the animal to run at large and whether the animal owner and/or possessor is immediately willing and able to confine the animal as required in Section 9.24.020. B . Whenever an animal is immediately impounded the Animal Control Officer shall comply with the procedures for immediate impoundment specified in Chapter 9.28 of this Code. 9.24.070. CHANGE OF OWNERSHIP OF VICIOUS ANIMAL. The owner and/or possessor of a vicious animal which has been the subject of an Abatement Order shall notify the Animal Control Officer within ten (10) days of making a change in the residence or ownership of the animal and provide the new residence address and when applicable the name of the new owner. The owner or possessor is also required to provide a copy of the Abatement Order to the new owner on or before transfer of ownership of the animal. I8 r ,1~ i Section 8. A new Chapter 9.28 entitled "Impoundment" is hereby added to the Petaluma Municipal Code to read as follows CHAPTER 9.28 IMPOUNDMENT Sections 9.28.010 9.28.020 9.28.030 9.28.040 9.28.050 9.28.060 9.28.070 9.28.080 9.28.090 9.28.100 9.28.110 4.28.120 9.28.130 Care of Impounded Animals Registry of Impounded Animals Fees for Redemption and Care of Animals Suspected Rabid Animals -Examination and Impoundment Grounds for Impoundment Procedures for Impoundment Procedures and Grounds for Immediate Impoundment Holding Period for Animal Disposition of Animal Summary Destruction of Animal Redemption of Animal by Owner Redemption after Release to Third Party Requirements for Animal Adoption 9.28.010 CARE OF IMPOUNDED ANIMALS. The Animal Control Officer shall insure that all impounded animals receive suitable and adequate food, water, and shelter. 9.28.020 REGISTRY OF IMPOUNDED ANIA4ALS. The Animal Control Officer shall maintain a registry of impounded animals describing the type, sex, and other identifying characteristics of the animal, the date of impoundment, if licensed the license number of the dog, the date and manner of disposition of the animal, the name and address of the person redeeming or purchasing the animal, and any fees or charges paid. 9.28.030 FEES FOR REDEMPTION AND CARE OF ANIMALS. Fees for the redemption, care and feeding of animals shall be set by City Council resolution. Greater redemption fees shall be charged for animals redeemed two or more times . 9.28.040 SUSPECTED RABID ANIMALS-EXAMINATION AND IMPOUNDMENT. The Animal Control Officer shall seize any animal which there is reason to believe is infected with rabies , and take that animal to a veterinarian for examination . If the veterinarian determines that the animal may be infected with rabies, the Animal Control Officer shall impound such animal for the period recommended by the veterinarian, or shall cause the animal to be confined in a veterinary hospital. The animal's owner shall be charged for all costs incurred or fees applicable with respect to examination, confinement or impoundment of the animal. In the event the veterinarian determines that the animal is not infected with rabies, the City shall bear the costs of the examination . 19 ~ '~' 9.28.050 GROUNDS FOR IMPOUNDMENT, A. Animals at large. The Animal Control Officer may seize and impound an animal which is at large as defined in Section 9.08.120. Exceptions. A dog that has strayed from, but then returned to the private property of its owner and/or possessor shall not be seized or impounded merely for violation of Section 9.08.120. In such case, a citation for such violation may be issued, provided however, that if the owner and/or possessor is not at home the dog may be impounded, but the Animal Control Officer shall post a notice of such impoundment on the front door of the owner's and/or possessor's dwelling, Such notice shall contain the information required by California Government Code Section 53074. B. Except as provided in Subsection A above, an animal may be impounded for violation of any provisions of Title 9 of this Code, or the laws of this State in accordance with the procedures specified in Chapter 9.28. 9.28.060 PROCEDURES FOR IMPOUNDMENT . A. Except as provided in Section 9.28.070, the Animal. Control Officer may not seize or impound an animal without the consent of the owner and/or possessor, unless a pre-impoundment notice is provided in accordance with Subsection B below. B . At least five (5) days prior to the date of impoundment the owner and/or possessor of the animal shall be served in person or by mail with a notice that his/her animal will be subject to impoundment on or after a specified date . The notice shall state that the owner and/or possessor may request apre-impoundment hearing before the Animal Hearing Officer prior to the date for impoundment specified in the notice. The filing of a timely appeal shall stay the impoundment of the animal until the conclusion of the hearing . C . Whenever a timely appeal is filed, the Animal Hearing officer shall conduct a pre-impoundment hearing to determine whether impoundment of the animal is authorized under Title 9 of this Code. The decision of the Animal Hearing Officer shall be based on the weight of the evidence and shall be final. The owner and/or possessor of the animal shall be given notice of the decision in person or by mail. D. Whenever the owner and/or possessor of an animal is served with an Abatement Order pursuant to Section 9.08.180 governing animal noise, or Section 9.24.040 governing vicious animals, the notice of impoundment may be incorporated within the Abatement Order. A hearing before the hearing officer to determine the lawfulness of the Abatement Order shall also constitute the pre-impoundment hearing specified in Subsection C above . 9.28.070 PROCEDURES FOR IMMEDIATE IMPOUNDMENT. A. The Animal Control Officer may immediately seize and impound an animal for violation of Title 9 of this Code or the laws of this State without providing a pre-impoundment notice of hearing under the following circumstances . 20 y, 1. The owner and/or possessor of the animal provides consent for the impoundment . 2. The animal is at large and immediate impoundment of the animal is authorized under Section 9.28.050 A. 3. The Animal Control Officer has reasonable grounds to believe that the animal may be rabid. 4. The Animal Control Officer has reasonable grounds to believe that the animal is a vicious animal as defined in Section 9.24.010 and that immediate impoundment of the animal is required for any of the reasons specified in Section 9.24.060. 5. To protect an animal which is injured, sick, starving, or suffering from heat, cold or confinement which is in need of immediate care. 6. When immediate seizure is necessary to protect an animal from injury which has strayed onto a public street or highway or other public place. 7. When the Animal Control Officer has reasonable grounds to believe that immediate impoundment is necesary to protect the public health or safety of any person or animal. B . The Animal Control Officer shall within 24 hours of the impoundment serve in person or by mail a notice of impoundment to the owner and/or possessor of the animal, if the owner has been ascertained and located. If the impounded animal is a licensed dog the notice shall be sent to the address of the owner thereof . The notice shall state 1. The date of impoundment and the place where the animal is impounded. 2. The grounds for impoundment. 3. The period the animal will be held pursuant to Section 9.28.080 before being humanely destroyed or otherwise disposed of. 4. That the owner may request a hearing if he believes that the impoundment was unlawful by filing a written appeal with the Animal Control Officer. C. If an appeal hearing is requested, it shall be conducted in accordance with the procedures specified in Section 9.28.060 C and shall be scheduled no later than five (5) days after the date the appeal is filed. The Animal Hearing Officer shall determine whether the impoundment was authorized under Title 9 of this Code. If the impoundment is found to be unlawful, the animal shall be released forthwith to the owner, and the costs of impoundment shall be borne by the City. 9.28.080 HOLDING PERIOD FOR ANIMAL 21 , ~ i Except as provided in Section 9.28.040 governing impoundment of rabid animals, impounded animals shall be maintained at the City Animal Shelter prior to disposition by the Animal Control Officer. A. Unlicensed dogs shall be maintained a minimum of 5 days following the date of impoundment, Sundays and City holidays excepted. B . Licensed dogs shall be maintained a minimum of 10 days following the date of impoundment., Sundays and City holidays excepted. C. Any horse, mule, burro or bovine animal shall be maintained a minimum of 5 days following the date of impoundment Sundays and City holidays excepted., and be disposed of as required by Section 17003 of the California Agricultural Code. Upon expiration of the fifth (5th.) day after the impoundment, if no person has appeared to claim such animal, the Animal Control Officer shall notify the State Director of Agriculture as required by Section 17003 of the California Agricultural Code. D. All other animals shall be maintained a minimum of five {5) days following the date of impoundment, Sundays and City holidays excepted. 9.28.090 DISPOSITION OF ANIMAL. After the holding period specified in Section 9.28.080 has expired, the Animal Control Officer is authorized to dispose of the animal by sale, adoption of the animal, or by humane destruction. Exceptions. If an appeal of the impoundment is pending , the Animal Control Officer may not dispose of the animal until after a determination is made by the Animal Hearing Officer. 9.28.100 SUMMARY DESTRUCTION OF ANIMAL. The Animal Control Officer may cause an impounded animal to be destroyed without waiting for the holding period specified in Section 9.28.080 to expire, when such animal is severely injured, or .infected with a dangerous or communicable disease. The Animal Control Officer shall make a reasonable effort to notify the owner of the animal, if known, prior to the destruction of the animal. 9.28.110 REDEMPTION OF ANIMAL BY OWNER. A. The owner of an impounded animal may redeem the animal at any time prior to its -legal disposition by providing proper identification, obtaining a dog license or other .permit when required under Title 9 of this Code and paying all fees and charges for the care, feeding and veterinary treatment of the animal. If the owner fails to pay the required fees or charges, or to obtain any required license or permit, the animal shall be treated as unredeemed by the owner and disposed of in accordance with Section 9.28.090. Exceptions : If the impounded animal has been the subject of an Abatement Order pursuant to Section 9.08.180 or Section 9.24.040 , the animal shall not be released unless the owner is willing and able to comply with the terms of the Abatement Order . 22 ~ M' B . The Animal Control Officer may retain an impounded animal for purposes of investigation or prosecution of any violations of Title 9 of this Code, the Petaluma Zoning Ordinance or the laws of this State. If a request for redemption is made by the owner of the animal, the costs of the continued impoundment of the animal from the date the request for redemption is made shall be borne by the City . The owner of the animal may appeal the continued impoundment of the animal within five (5) working days after a request for redemption is denied by the Animal Control Officer. A hearing shall be set before the Animal Hearing Officer within five (5) working days of the filing of the appeal . 9.28.120 REDEMPTION AFTER RELEASE TO THIRD PARTY. The owner of any animal may within thirty (30) days after it has been sold pursuant to Section 9.28.090 redeem the animal from its purchase by paying the amount of the purchase price and any charges or fees paid to the Animal .Control Officer for the animal. 9.28.130 REQUIREMENTS FOR ANIMAL ADOPTION. The Animal Control Officer shall require that prior to adoption of an animal the prospective owner sign an agreement providing for spaying or neutering and provide a deposit to insure compliance with the agreement. Section 9. A new Chapter 9.32 entitled "Enforcement and Penalties" is hereby added to the Petaluma Municipal Code to read as follows: CHAPTER 9.32 ENFORCEMENT AND PENALTIES Sections 9.32.010 Penalties for Violation 9.32.010 PENALTIES FOR VIOLATION. Any person violating Sections 9.08.100, 9.08.130, 9.08.180(D), 9.20.040 , 9.24.020 or 9.24.050 (A) of Title 9 of this Code shall be deemed guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) or six months imprisonment, or both. Any person violating any other provision of Title 9 of this Code shall be deemed guilty of a misdemeanor punishable by a fine not (1) exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars $200) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year . Section 10 . Severability Clause . If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. 23 z ~ ?: Section 11. This ordinance is hereby declared to be necessary for the immediate preservation of the public peace, health and safety of the City of Petaluma, and shall take effect and be in force from and after its final passage by a unanimous vote of the members of the City Council present at the time of adoption. The reason for the urgency is that there have been recent incidences of dogs biting persons, and this ordinance shall authorize new legal. remedies for controlling vicious dogs and therefore provide greater protection of the public peace , health and safety of persons residing in the City of Petaluma. Section 12. The City Clerk is hereby directed to post/publish this ordinance for the period and in the manner required by the City Charter. Introduced and ordered posted/published this 15th day of 1985. Adopted this 6th day of MAY APR LL , 1985, by the following vote: AYES: BALSHAW, DAVIS, WOOLSEY, TENCEP~, MAYOR PR.O TEM CAVANAGH NOES: -0- ABSENT: VICE-MAYOR BOND, MAYOR MATTEI ATTEST; /s/ PATRICIA E. BERNARD City Clerk LEGAL 1 24 /S/ JACK W. CAVANAGH, JR. Mayor