HomeMy WebLinkAboutAgenda Bill 5C 10/05/2009
CITY OF PETALUMA, CALIFORNIA ~ ° ~'
AGEl~Tl)A II.L Oct®ber 5, 2005
Agenda Title: Consideration and Possible Introduction of an Ordinance 1Vgeeting Date: October O5, 2009
Amending Specified Provisions in Animal Regulations in Title 9 of the
Petaluma Municipal Code Concerning Dangerous Animals, Feral Cats, Meeting Time: 7:00 P1VI
Bees, Pot Bellied Pigs, Enforcement and Other Topics.
Category: ^ Presentation ^ Appointments ^ Consent ^ Public Hearing ^ Unfinished Business ®New Business
Department: Direc r: Contact Person: Phone Number:
Police Chi a tsh Lt. Mike Cook 776-3743
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Total Cost of Proposal or Proiect: Name of Fund:
Amount Budgeted: 0 Account Number:
Current Fund Balance:
Recommendation: It is recommended that'the City Council. take the following action:
Introduce ordinance amending specified animal regulations in Title 9 of the Petaluma Municipal Code.
1. ^ Firstreading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading
2. ^ Firsf reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second
reading; see Attachment
3. ^ Other action requiring special notice: Notice has been given, see Attachment
Summary Statement:
Petaluma Animal Services is recommending changes and updates to Title 9, the Animal Regulations title of the
Petaluma.Municipal Code. The proposed changes include a series of updates intended to strengthen laws related
to dangerous animals, create consistent enforcement and appeal procedures, and align the Petaluma Municipal
Code more closely with County of Sonoma animal regulations. Additionally, the revision includes a change to
PMC Section 9.14.110 establishing a feral cat Trap, Neuter, Release, and Monitor (TNRM) program; a revision
to PMC section 9;08.030 allowing beehives to be kept within the city limits, and a revision to section 9.08.040
allowing up to two pot. bellied pigs to be kept within the city.
Attachments to Agenda .Packet Item:
A..Ordinarice
B. Animal Services Advisory Committee recommendations
Revi` wed b .Finance Director: Reviewed b Ci Attorne A rove b Mana er:
a e: ~-(~~S• Date• Date: -- ~1
Rev. #r2 3 ~ A ^'~.:~~ Date Last Revised: September 23, 2009 File: _
CITY OF PETALUMA, CALIFORNIA
®CTOBER O5, 209
AGENDA REPORT
FOR
Consideration and Possible Introduction of an Ordinance Amending Specified Provisions in Animal
Regulations in Title 9 of the Petaluma Municipal Code Concerning Dangerous Animals, Feral Cats, Bees, Pot
Bellied Pigs, Enforcement and Other Topics.
RECOMMENDATION:
It is recommended that the City Council adopt the proposed changes to Title 9, Animal Regulations
contained in this ordinance.
2. BACKGROUND:
Petaluma Animal Services is.recommending changes and updates to Title 9, the Animal Regulations title
of the Petaluma Municipal Code. The proposed changes include a series of updates intended to
strengthen laws related to dangerous animals, create consistent enforcement and appeal procedures, and
align the Petaluma Municipal Code more closely with County of Sonoma animal regulations.
Additionally, the revision includes a change to PMC Section 9.14.110 establishing a feral cat Trap,
Neuter, Release, and Monitor (TNRM) program, a revision to PMC section 9.08.030 allowing beehives
to be kept within the city limits; and a revision to section 9.08.040 allowing pot bellied pigs to be kept
within the city. These changes were also reviewed and are supported by the Animal Services Advisory
Committee.
3. DISCUSSION:
The majority of changes contained in this ordinance revision are intended to strengthen the penalties and
responsibility for those persons who possess dangerous animals within the city limits of Petaluma. The
majority of these changes mirror the regulations currently contained in the County of Sonoma animal
regulations. These revisions will provide Petaluma Animal Services with new tools for addressing
dangerous animals and their owners. Specific amendments include: moving the enforcement sections
previously in chapter 9.08 to chapter 9.32; removing some of the language addressing procedural issues
for hearings on dangerous and potentially dangerous animals in section 9.24.040 and setting forth the
new procedures in chapter 9.32 in order to consolidate these procedures and make them consistent
throughout Title 9; and adding a new section 9.24.090 addressing enforcement and penalties relating to
dangerous and potentially dangerous animals now references chapter 9.32 for civil and criminal
penalties. In addition, chapter 9.32 was completely re-written to provide a single place in Title 9 to
address enforcement of any violation of the title, unless specific enforcement provisions apply to a given
circumstance. This amendment avoids duplication and eliminates potential inconsistencies in procedure
or penalties. It also adds a separate administrative enforcement section, allows the city to recover
abatement costs and permits the city to require any person who has violated the title to attend a behavior
and training diversion program.
The revisions also include a change to Petaluma Municipal Code section 9.14.110, "Permit for feral cat
colony". The revisions detail the procedures for a community based Trap, Neuter, Release, and
Monitor {TNRM) program for managing feral cat colonies within the .Petaluma city limits. This change
is based on the recommendations made by the Petaluma Animal Services Advisory Committee and
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provides a framework to allow community members concerned about feral cats to become actively
involved in colony management. Specifically, the revisions include adding a definition of "Authorized
Feral Cat Organization," which is limited to non-profit corporations and amended definition of "feral
cat" to conform to the language used in the California Food and Agriculture Code in chapter 9.04;
amending section 9.14.110 malting it a public nuisance to care for feral cats, except by Authorized Feral
Cat Care Organizations. Such organizations must carry liability insurance, establish a colony tracking
system and provide annual reports to Petaluma Animal Services. The organizations must sterilize all
cats over four months old and vaccinate them against rabies. This section prohibits feeding feral cats
within the Petaluma Wetlands or in City parks.
The revisions to PMC 9.14.110 were developed with extensive input from feral cat advocates, Petaluma
Animal Services, other City Departments, and the City of Petaluma Attorney's Office. The revisions
represent the best effort possible to develop an ordinance that encourages a cooperative approach
between feral cat advocates and the Petaluma Animal Shelter.
The revisions to PMC section 9.08.030 allowing beehives within the city limits, and PMC section
9.08.040 allowing pot-bellied pigs are in direct response to citizen requests for changes in the municipal
code. Several local beekeepers have asked that Petaluma allow a limited number of hives to be kept by
"backyard" beekeepers within the city limits. The amendments include adding definitions for "apiary,"
"beekeeping appliance" and "bee colony" and amending the definition of beehive to conform with the
language in the California Food and Agriculture Code in chapter 9.04. Residents will be permitted to
keep up to two bee colonies within the City, providing the colony is framed and movable and within a
safe distance from pedestrians and to require any person maintaining an apiary to register the same
.pursuant to the requirements of the California Food and Agriculture Code.
Proponents ofpot-bellied pigs have asked that the ordinance be changed to allow a limited number of
the- animals to be kept as pets within the city limits. The amendments include adding a definition for
"potbellied pigs" to chapter 9.04; amending section 9.08.040 to permit up to two potbellied pigs per
household, providing each pig does not weigh more than 250 pounds, and the total number of pigs and
dogs per household does not exceed four; and requiring owners to license and spay or neuter their pigs.
The following other amendments were made to chapter 9: a definition of "proof of ownership" was
added to chapter 9.04; section 9.04.050 was added, making it a violation of the chapter to fail to render
aid to an animal that has been injured by that person while operating a motor vehicle; and language was
added to section 9.08.130 requiring dogs cited for being at large to be microchipped, except for service
dogs, dogs used by law enforcement or search and rescue, herding dogs and dogs being boarded at a
kennel .for professional training or resale.
4. FINANCIAL IMPACTS:
These revisions are not anticipated to have a significant financial impact to Petaluma Animal Services.
The enhanced penalties and requirements for owners of dangerous animals require the owners of those
animals to incur the costs of complying with the ordinances.
The revision to PMC section 9.14.110, establishing a TNRM program for managing feral cat colonies
should not have a significant financial impact on Petaluma Animal Services. The ordinance establishes
a community based approach to the care and maintenance of feral cat colonies. The burden for
organization, funding, and maintaining a TNRM rests with the community members and non-profit
organizations most concerned with feral cat issues. The ordinance follows the recommendations of the
Petaluma Animal Services Advisory Committee that Petaluma Animal Services oversee but not manage
"~ ~ feral cat colonies: There may be some cost reductions in the future as the number of feral cats should
decline with proper management; however the scope of the problem makes it difficult to project any
actual savings.
3
The changes allowing limited beehives and pot-bellied pigs within the city limits are not expected to
have a significant financial impact.
1295436.1
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
AMENDING SPECIFIED -PROVISIONS OF 'T'ITLE 9, "ANIMAL REGULATIONS" OF
THE PETALUMA MUNICIPAL CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. The provisions. of Title 9, entitled "Animal Regulations," of the Petaluma Municipal
Code that are specified below are hereby amended to read as follows:
9.04.020' Definitions.
As used in this title, unless the context clearly indicates otherwise, the following definitions
shall. apply.
A. "Animal" means any nonhuman mammal, bird, reptile, amphibian or fish including, but not
limited to dog, cat, horse; goat, sheep, and chicken and. all animals defined in California
Penal Code Section 597.
B. "Animal control officer" means the person appointed by the city manager as animal control
officer and any designated assistants, any peace off cer and any designated police
department employee.
C. "Animal services manager" or "manager" means the person appointed by the city manager
whose duties include, but are not limited to, the enforcement of this title and the
management of day-to-day operations of the city operated animal services department.
D. "Animal hearing officer" means the animal services manager or person(s) appointed by the
city manager'to conduct all hearings authorized by this title.
E. "Apiary" means bees; hives,. colonies, or beekeeping appliances wherever they are kept,
located or found in accordance with Food & Agriculture Code section 29002, as amended
.from time to time.
F. "Authorized Feral Cat Care Organization" means ariy tax exempt organization under section
501(3) of the Internal Revenue Code or similar provision that complies with all of the
requirements of section 9.14.110 of this chapter and. other applicable law.
G. "Beekeeping Appliance" means any implement or other device which is used in handling
and manipulating bees or comb, any container of bees or comb, or any other equipment
which is used in the practice of apiculture.
H. "Bee" .means ahoney-producing insect of the species Apis Mellificia, including the adults,
eggs, larvae, pupae and other immature states thereof.
I. "Beehive" or "hive" .means any receptacle or container or part thereof that is made or
prepared for the use of bees, or any box or similar container that is inhabited by bees in
accordance with.Food & Agriculture Code section 2901 i, as amended from time to time.
J. "Bee Colony" means one beehive and its contents, including bees, comb, and beekeeping
appliances in accordance with Food & Agriculture Code section 29006, as amended from
time to time.
K. "Domestic birds" means ariy of a class {ayes) of domestic warm-blooded vertebrates
distinguished by having the body more or less completely covered with feathers and the
forelimbs modified as wings.
L. "Cat" means a domestic cat (Felis catus). Cats are the personal property of their owner.
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M. "Impound" means to take into custody by the animal control officer as authorized by this
title.
N. "Commercial kennel or cattery" `means any premises except veterinary hospitals, animal
shelters or private kennels where .five or more dogs; four months in age or older or seven or
more cats four months of age or older are kept for commercial purposes.
O. "Hobby kennel or cattery" means any place or premises on which five or more dogs or
seven or more cats over four months of age are owned and kept by the owner or occupant
for personal, noncommercial purposes, including, but not limited to hunting, tracking,
exhibiting at shows, exhibitions, field trials or other competitions,. or enhancing or
perpetuating a given breed, other than dogs used in conjunction with a legal agricultural
operation on the lot or premises. No hobby kennel operator shall sell, display, offer for sale,
barter or give away more than one litter of puppies and or kittens in any calendar-year.
P. "Feral cat" means any free roaming domestic cat without. -owner identification of any kind
whose usual and consistent temperament is extreme fear and. resistance to contact with
people and that based on the reasonable determination of an animal control officer is not
socialized in accordance with~Food and Agriculture Code section 31752.5, subdivision (b),
as amended from time to time.
Q. "Dog" means domestic dog (Canine familiaris) of any age and either sex.
R "L- ivestock" includes but is not limited to horses, mules, jacks, cows; cattle, goats or sheep
that do not customarily inhabit their owners' dwellings. Includes but not limited to Bovine,
Caprine~~ Equine, Ovine and Porcine.
S. Owner means any person over eighteen years of age owning, keeping, harboring or
having custody of, or possession. of, any animal. An animal shall be deemed to be harbored
if it is fed or sheltered for thirty or more consecutive days. This definition shall not apply to
a veterinarian in the regular practice of his profession ~as to any animal in his possession
while being treated or cared for. This definition shall: not apply to an operator of a
commercial kennel as to any .animal that is being boarded in the regular practice of his
business, nor to members of an Authorized Feral Cat Care Organization operating in
accordance with section 9.14:110.
T. "Person" means and includes any individual, firm, partnership, corporation, or association
of persons.
U. "Pet shop" means a premises wherein pet animals are kept for purposes of wholesale or
retail. sale, exchange o.r -hire to the public. "Pet shop" does not include any place where pet
animals are occasionally sold. "Pet animals" means dogs, cats, rabbits, monkey and other
primates, birds, guinea pigs, hamsters, mice, snakes; iguanas, turtles and any other species
of animal sold or trained for the purpose of being kept as a' household pet.
V. "Possessor" means any person other than the owner of an animal who has lawful custody or
possession of the animal.
W. "Potbellied pig" means any of a breed of small pigs (su scofa bittatus) known as
Vietnamese, Chinese or Asian potbellied pigs, not to exceed 250 pounds.
X. "Premises" means _and includes any dwelling, building; real `property, vehicle, vessel or part
thereof.
Y. "Proof of ownership" means documentation demonstrating that a person owns an animal
and includes, but.is not limited to, a license, veterinary record, valid bill of sale, or adoption
contract.
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Z. "Served by' mail" refers to service by registered,. certified and/or first-class letter. The date
the letter is posted in, the mail shall constitute the date the letter was served by mail.
AA. "Veterinarian" means a~. person licensed to practice veterinary medicine by the state of
California.
BB. "Veterinary hospital" means a premises operated. by a veterinarian for the treatment of
diseases and injuries to animals:.
CC. "Rabies Control Act" :means and refers to California. Health and Safety Code Section 1900
and sections following governing the identification, .quarantine. and control of rabid animals.
9.0.4.050 Failure of a motorist to.render aid to an injured animal.
Any person who; while operating' a motor vehicle, knowingly injures an animal must do all of the
following. Failure to render aid as follows shall be a violation of this chapter.
A. Immediately stop the vehicle at the scene of the accident or as close thereto as safely
possible; and
B. Immediately report the accident to Petaluma Animal Services or the Petaluma Police
Department, and provide information to the extent known regarding the type of animal injured,
the' extent of injuries sustained by the anmal, and the location of the animal.
9.08t430~Beehives and swarms prohibited.
The keeping of a bee colony or maintaining an apiary in the Cityis permitted only in accordance
with the following:
A. No more than two bee colonies are permitted per: household;
B. All hives must be framed and moveable;
C. All hives must be kept a safe distance away from pedestrian walkways and pedestrian
traffic;. and
D. All persons :maintaining: an apiary must comply with the registration and identification
requirements of the California. Food. and Agriculture Code • section 29000, et seq. as those
sections are amended from time to time.
9.08:040 I{eeping live hogs and swine prohibited.
A. It is unlawful and a public nuisance: for any person to keep any live hog or other swine
within the city limits for a period of time longer than twenty-four hours.
B. Notwithstanding anything., to tliej contrary in this section,. the keeping of potbellied pigs is
permitted only in accordance with the following:
L. No more than two potbellied pigs, may be kept per h, ousehold within the City;
2. The total combined :number of potbellied pigs and dogs kept per .household shall not
exceed four;
3. All potbellied pigs over four months. of age must be spayed or neutered, unless a
icensed veterinarian recommends in writing. against such procedure because it would be
detrimental to the health of the animal; and
4. All. potbellied pigs are subject to the same licensing requirements that apply to dogs
pursuant to Chapter 9,_16.. The license fees for potbellied -pigs shall be the same as the license fee
for dogs.
9.08.130 Animals at large.
A. It is unlawful for any owner and/or possessor of any animal to suffer or permit such
animal to be at large as defined in this section. Violations of this section are subject to citation
and the animal at large is subject to impoundment as authorized by Chapter 9.28.
B. In the. case of dogs, "at large" means a dog that°is not on the premises of its owner and/or
possessor or the premises of another without permission of the owner or occupant thereof, or not
under .physical restraint by a person capable of controlling the dog by means of a leash not
exceeding six feet in length. This definition shall not apply to:'
1,. Guide or service dogs while performing their duties for blind hearing impaired and
physically .disabled people;.
2. Dogs participating infield or obedience trials or animal exhibitions;
3. Dogs assisting their owner and/or ,possessor in. legal hunting or the herding of
livestock;
4. Dogs assisting a security guard or assisting a peace officer engaged in law
enforcement duties;
5. Areas within the city specifically set,aside and posted for the exercise of animals.
C. In the case of animals other than. dogs, "at large" means an animal which is off the
premises of its owner and/or possessor while not under -the physical restraint of a person capable
of controlling the animal. This definition. shall not apply to any animal which is on the premises
of another person with the consent of the owner or occupant thereof.
D. In the case of any animal, "at large" also means an animal which is tethered, leashed or
otherwise ,present on property which..is not owned or controlled by the owner and/or possessor of
the; animal without the permission of the owner or occupant thereof.
E. In the ease of any animal, "at large" also means an animal which is tethered or leashed on
any city street; or other city property not set aside for. such tethering or leashing in such a way to
block a public walkway or thoroughfare.
F. No person .owning or otherwise having a cat over four months of age in his/her
possession shall cause, permit or allow such cat to be unconfined in or upon any public street,
road, alley or other public or private place, including the exterior yards of the animal owner's
property, unless such cat is spayed or .neutered. An animal. control officer may seize and/or
impound every cat found in violation of this section and shall require owners of the cat to either
spay or neuter the cat. or to produce a certificate of sterilization signed and dated by a
veterinarian which lists the veterinarian's name, clinic's name, address, telephone, license
number, pet name, age, breed. and adequate description. of the cat. When a person is cited or an
animal impounded under this section, the owner of the cat, if;known, shall be notified in writing
and given seven calendar days to request a hearing to determine if such sterilization should be
held in;abeyance.
G. Mandatory spay/neutering and microchipping of all dogs at large. Except as provided in
(1) through (3) below, all dogs over six. months of age cited for being. "at large" in violation of
this section 9.08.130 shall be spayed or neutered and microchipped at the owner's expense.
Written verification from the veterinarian performing the surgery and microchipping must be
provided by the owner to Animal Services within seven.days ofthe procedure.
1. Dogs that have been trained in accordance with all applicable .laws and regulations
and that are actually being used in accordance with applicable law: (a) by public law
enforcement agencies for law enforcement activities; (b) by any person as assistance dogs such
as service dogs, guide dogs, signal dogs or social dogs; (c) by search and rescue agencies for
search and rescue activities; or (.d) by any person for herding of other animals, as livestock
guardian dogs or ~hunti~ng 'dogs:
2. Dogs certified 'by a licensed veterinarian as having a health reason for not being
spayed or neutered.
3. Dogs boarded in a licensed kennel or a business that boards such animals for
professional,training or resale.
9.08.180 Dog barking and other animal noise.
A. No person shall keep or permit to remain in any premises within the city any animal
which continuously' and incessantly produces noise at any time during the day or night to the
disturbance of any other person._
B. "Continuous :and incessant noise" means producing noise for an aggregate period of ten
minutes or more duration during any one-hour period which disturbs the peace of another person,
including barking; howling,: crying,, baying,. squealing or making'. any other noise, provided that at
the time of the complaint, _no person or persons were trespassing or threatening to trespass upon
the private property of the owner or person in custody or control of the animal, or the animal was
not being teased or provoked in any manner.
C: An animal control officer shall investigate any reported incident .regarding continuous
and incessant animal noise.
1. During that investigation, the animal control officer shall compose a report. to be
permanently retained pursuant to :adopted procedures. The .report shall be signed under penalty
of perjury by the animal control officer.
2. The animal control officer hall append to the report the statements of witnesses,
victims and the animal owner. These statements shall also be signed under penalty of perjury.
3. The animal control officer shall require witnesses, victims and the animal owner(s) to
.maintain a ~bark/noise log.. The bark/noise log shall list times and durations of barking/noise and
shall be signed under penalty of perjury.
D. A rebuttable presumption that an animal has continuouslyand: incessantly produced,-noise
constituting. a public nuisance shall be deemed to exist when either of the following occurs:
1. At least two individuals, from separate residences, ..sign a declaration under penalty of
perjury witnessing~to facts indicating a violation of this.section; or
2. Any law enforcement officer or animal control officer personally witnesses a
violation of this section.
E. Such noise constitutes ~ a public nuisance and each day that the animal is suffered or
permitted to continue the aforedescribed noise constitutes a separate offense.
9.14.110 Feral cat colony registration; trap, neuter, return, monitor (TNRM) program.
A. The purpose of a TRNM program is to :reduce or eliminate the number of feral cats
through the practice of managing existing colonies. This section is intended to provide the
framework for an Authorized Feral Cat Care Organization to work. cooperatively with Petaluma
Animal Services. to actively manage existing feral eat colonies. Feral cats, and feeding or
maintaining feral cats, within the City are hereby declared to be public nuisances, and a violation
of this chapter, except. for feeding or maintaining by an Authorized Feral Cat Care Organization
in accordance with this chapter. All Authorized Feral Cat Care Organizations must:
1. Register with Animal Services and provide proof of status as a 501(c)(3) or
comparable nonprofit organization;
2. Submit a written plan to Animal Services identifying the organization's name, project
leaders, objectives, and implementation plans.
3. Establish. and maintain liability insurance as specified-. by the City of Petaluma Risk
Management office naming the City of Petaluma and the Petaluma Community Development
Commission and their officials, officers, employees, agents, and volunteers as additional
insureds;
4. Establish a colony tracking system and provide an annual report to Petaluma Animal
Services. Annual reports shall include colony location, number of current members, new colony
members, the number of cats sterilized, the number of cats removed for adoption, and public
education efforts;
5. Provide for and provide Animal Services documentation verifying the sterilization of
all cats and kittens over four months ,of age by a licensed veterinarian and three-year vaccination
against rabies within one month of any cat entering the colony: All sterilized cats shall be
marked by cropping the pointed end of the ear (ear tipping);
6. Establish a standardized feeding station and a feeding program as agreed upon with
Animal Services;
7. Remove kittens from•the colony that can be socialized and adopted and evaluate new
colony members for socialization and possible adoption;
8. Agree to work collaboratively with Petaluma Animal Services on public education
efforts;
9. Submit to Petaluma- Animal Services written authorization from the owner of the
property where the .cats are fed and maintained; and
10. Immediately provide all colony records to a Petaluma Animal Control Officer for
inspection in response to a complaint or alleged violation of law.
B. This section is not intended to prevent a private party from asserting any legal rights to
enjoin or seek damages resulting from the feeding of feral cats that adversely affects such
person's property interests.
C. The City may abate a public nuisance created by feral cats by seizing the feral cats on
public property by any means of abatement in accordance with Title 9 of this Code or any other
1 aw.
D. Notwithstanding anything- in this section to the contrary, feeding feral cats is prohibited
and a public nuisance:
1. In or within the Petaluma Wetlands, located along the Petaluma River. For purposes
of this .section, the Petaluma Wetlands are bordered by the. Petaluma River on the southwest, and
Lakeville Highway to the north and east, and the length of the Petaluma Wetlands is from the
Petaluma Marina to and including the .Petaluma holding ponds.
2. Inside any City park.
3. Feeding feral cats or otherwise caring for a feral. eat colony without written
permission from the owner of the land where the cats are maintained or fed:
9.14.120 >Etequired records: for commercial kennels and catteries.
Every commercial kennel and cattery pursuant to this chapter shall keep available, on the
permitted premises, ..records available. for inspection by the director. These records shall contain
all of the following: '
A. The name, current° address, and telephone number of the owner/guardian of each animal
at the kennel or cattery.
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B. The date each animal entered -thee kennel, or cattery..
C. The reason :for each animal being at the :kennel or cattery, such as for boarding, sale,
breeding or grooming.
D. A description of each animal at the kennel or cattery, .including- age, breed, sex and color.
E. A current, valid rabies certificate for each animal over four months of age at the kennel or
cattery.
9.24.040'-Hearing procedures.
A. Petition. Pursuant to Section 9:24.030, where the animal control officer has investigated
and determined that there exists 'probable cause to believe that an animal is dangerous or
potentially dangerous, the animal control officer shall petition the hearing officer for a hearing.
for the purpose of determining whether the animal should be declared dangerous or potentially
dangerous.
B. Notice... The City shall notify the owner of the. animal that a hearing will be held, at
which time the animal control. officer and the animal owner. may present evidence as to whether
the animal should- be declared dangerous or potentially dangerous. The notice together with a
copy of the. petition, shall be provided pursuant to Section 9.24.060. The hearing shall be held
promptly within no less than ten days and no more than thirty days :after service of the notice on
the owner of the animal.
C. Conduct of Hearing. The .hearing officer shall conduct the hearing as set forth in section
9.32.050(H)(2) through 9:32.050(H)"(4). The owner of the animal shall be provided an
opportunity to present evidence as to why the animal should not be declared dangerous or
potentially dangerous.
D. Determinations of Dangerous and Potentially Dangerous Animals -Evidence. In
making a determination that an. animal is dangerous or potentially dangerous, evidence of the
following shall be considered:.
1. Any previous history of the animal attacking, biting or causing injury to a human
being or other domestic animal;
2. The nature and extent of injuries inflicted and the number of victims involved;
3. The place where the bite; attack or injury occurred;
4. The presence or absence of any provocation for the bite, attack or injury;
5. The extent to which property has been damaged or destroyed;
6. Whether the animal exhibits any characteristics of being trained for fighting or attack
or other evidence to show such training or fighting;
'7. Whether the animal exhibits any characteristics of aggressive , or unpredictable
temperament or behavior in the presence of human beings or other domestic animals;
8. Whether the animal can be effectively trained or retrained to change its temperament.
or behavior;
9. The manner n`wheh the animal had been maintained or cared for by its owner;
10. Any other relevant evidence concerning the maintenance or care of the animal; and
11. Any other relevant evidence regarding the ability of the- owner or the animal control
officer, to protect the public safety in the future if the:animal is permitted to remain in the city.
E. Determination of Dangerous or Potentially Dangerous. Animal -Abatement Order. After
the hearing; the hearing off cer may find, upon a preponderance of the evidence, that the animal
is dangerous or potentially dangerous. The hearing officer may order the abatement of the
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nuisance created by the dangerous or potentially sdangerous animal. by imposing some or all of
the; conditions found in Section 9.24.050 for the: continued ownership of the animal: The
abatement order shall. supersede any provisional abatement order issued by an animal. control
officer unless the abatement order is stayed by judicial action or pending judicial. review. Within
ten days of the hearing, the determination and abatement order shall be served upon the animal
owner pursuant to Section 9.24:06b. The determination acid abatement order of the hearing
officer shall be final and conclusive.
F. Order of Humane Euthaiiization. If, following the hearing, the subject animal is
determined by a preponderance of the evidence to be dangerous .and, if released to the animal
owner, even where reasonable abatement conditions were imposed, would. create a significant
threat to the public health, safety, or welfare, the hearing officer- may order that the animal be
humanely euthanized as permitted under California Food and Agricultural Code section 31645 or
its successor provisions.
1. A rebuttable presumption that an animal creates a significant threat to the public.
health, safety and welfare exists where:
a. The animal has_been involved in an attack resulting in the death of a person,
regardless of the circumstances involved.
b. The animal has been involved in a second attack, without provocation, on another
animal or livestock which occurs off the property of the owner of the attacking. animal and that
results in the death of the other animal or livestock.
c. The .animal has been involved in a third attack, without provocation, that results in
a nonaevereinjury to a person in a place where such person is acting lawfully.
d. A third attack, without provocation, on another animal or livestock, which occurs
offthe property of the owner ofthe attacking. animals;
e. The owner of an animal previously deemed dangerous fails, refuses or is
incapable of complying with the terms of an abatement order issued pursuant to this chapter.
£ The animal has been previously found dangerous and subsequently exhibits any
of the behaviors listed as determinative of dangerous or potentially dangerous under Section
9.24.020.
2. Such remedy shall be in addition to all other remedies at law or in equity and shall not
limit or restrict. such other remedies.
3. Within ten days of the hearing, notice of the. order of humane euthanization shall be
served upon the owner pursuant. to Section 9.24.060.
4. Any order made by the hearing officer to humanely euthanize an animal shall be
final.
9.24.050 Abatement order and conditions.
A. Pursuant to Section 9.24.040, the owner of an animal. determined to be dangerous or
potentially dangerous by .the hearing, off cer shall be required to comply with. the abatement order
of the hearing officer which contans.any or all of the following conditions:
1. Registration: To immediately register the animal -that is :found to be dangerous with
the animal control officer to comply with the animal .control. officer's requirements for dangerous
animal (including, but not limited to, requiring the animal to wear a visible, dangerous animal
tag), and to :keep such animal properly vaccinated at all times. The fee to keep or maintain one
dangerous animal shall be fifty dollars .for atwelve-month term,- and the fee for each additional
dangerous animal shall be twenty-five dollars. The fee shall be paid for each twelve-month term.
"~
.Should the animal die :iri any twelve=month term, the owner shall notify the animal control
officer of the death within five' working days of the death;
2. Confinement. To keep the animal. securely- confined on its premises in a locked
enclosure approved by -the hearing off cer or the animal control officer from which the animal
cannot escape and into which children cannot trespass. Such a kennel or structure must have
secure sides and a secure 'top attached to the sides. All structures used to confine a dangerous
animal must. be locked with a key or combination lock when such animals are within the
structure. :Such structure must have a secure bottom or floor attached to the- sides of the pen or
the. sides. of the pen must be embedded in the ground no less than two feet. All structures erected
to house a dangerous animal must. comply with all zoning and building regulations of the city.
All such structures must be adequately lighted, ventilated, and kept in a clean and sanitary
condition;
3. Confinement while on leash. To keep the animal securely muzzled, restrained by a
substantial leash of appropriate. length, not to exceed six :feet, and under the control of a
.responsible person eighteen years of age or older who is physically .capable of restraining the
animal when the animal is not contained: in a locked, secure enclosure;.
4. Spay or neuter the anma'1. To have the animal .spayed or neutered by a licensed
veterinarian at the owner's expense and to present proof thereof to the animal. control officer;
5. Insurance. The owner of any animal found to be dangerous pursuant to this title shall
present to Animal. Services proof that the owner has procured liability insurance in the amount of
at least one hundred -thousand.. dollars ($100,000) covering ,any damage or injury that may be
caused by the dangerous animal. Such liability insurance. shall. not be cancelled unless the owner
ceases to own the animal. Coverage shall be evidenced by an endorsement .from the insurer.
The animal owner shall provide the city at least thirty days' advance notice of cancellation of any
insurance policy required by this section. The insurance .requirements set forth herein.. may be
extended to the owner of a potentially dangerous animal based on the circumstances and
recommendation of the Animal Control Officer;
6. Bond. The .posting of a bond or other proof of ability to pay a damage award in the
amount of fifty thousand' dollars;
7. Notification. To immediately inform any city; .county, postmaster or utility company
meter readers and anyone.. else that lawfully comes onto the property, of the animal's
dangerousness and to inform animal control and/or the chief of police if the animal is moved to
another location inside or outside the city limits as provided by this .chapter;
8. Signs. To display in a prominent place on the premises asign- easily readable by the
public using the words "Beware of Dog" or "Beware of Animal" in letters at least three inches
high;
9. Microchip and sterilization requirements. The owner of any animal found potentially
dangerous or dangerous pursuant to this chapter shall, at the owner's expense, have a microchip
assigned by Animal Services implanted into the animal for identif cation purposes. The
identifying information listed on the microchip shall be noted in the ..licensing files for that
animal. An animal that has been found to be potentially dangerous or dangerous pursuant to this
chapter shall be sterilized at the owner's expense by a date determined by the Animal Control
Officer;
10. Inspection. To consent and agree to the entry upon the premises to any police officer
or animal control officer for the' purpose of inspecting the animal and/or premises;
i ~j
11. Payment of cost. To make reasonable payment of costs incurred by the city and
animal control agent in the hearing process, not to exceed one thousand dollars;
12. Other. To take any other steps deemed reasonably necessary to prevent injuries to the
public.
B. The owner of the animal shall comply with the conditions imposed by the hearing officer
within thirty days of the order. .
C. All owners of dangerous animals must within ten days. of the effective date of the
abatement order provide the animal control officer with two photographs (color) of the registered
animal clearly showing the color and- approximate size of the animal.
D. No dangerous animal shall be kept on a porch,. patio or in any part of a house or structure
'that would allow the animal to exit. such building on its own volition. In addition, no such
animal may be kept in a house or structure when the windgws are open or screen doors are the
only obstacle preventing the, animal from exiting. the structure. '
E. Failure to comply with an abatement order regarding a dangerous or potentially
dangerous animal.
L It is unlawful for the owner of an animal deemed dangerous or potentially dangerous
under this chapter to fail to comply with the conditions set forth in an abatement order. Any
animal found to be the subject of a violation of such an abatement order shall be subject to
immediate seizure and impoundment. The hearing officer shall order the animal owner to show
cause why the animal should not be humanely euthanized for .failure to comply with the
conditions `contained in the abatement order of an animal deemed dangerous or potentially
dangerous.
2. The hearing officer shall provide written notice pursuant to Section 9.24.060 that the
animal will be humanely euthanized unless, within fourteen days from the date of the notice:
a. The owner has demonstrated. to the satisfaction of the hearing officer that the
owner has fully complied with the requirements and conditions set forth in the abatement order;
or
b. The owner has filed in a court of competent jurisdiction a petition that seeks to
stay euthanization of the animal and has served a copy of such petition upon the hearing officer.
3'. If; after fourteen days from the date of such notice, the owner has not complied with
the provisions of subdivisions 1 or 2 of this subsection, the hearing officer may, without further
notice or process, have the animal humanely euthanized.
9.24.060; Notice and service requirements.
When this chapter. requires the provision of notice or service; the notice or service shall be in
writing. If 'a right .may be exercised or an act is to be done and the notice or service of it is
required to be given but the. time within which the notice or service must be given is not
specified, the notice or service shall 'be given at least ten days. before the time the right must be
exercised. The notice or service shall be served upon the owner ancUor possessor personally or
by United States mail,, first-class postage prepaid,. and if"b_y such .mail, it shall be sent to the
animal owner at his/her last known. mailing address. 'In the event that the last known address of
the animal owner and/or possessor cannot be ascertained, the hearing officer or animal control
officer shall sign a declaration under penalty of perjury that best efforts were made to provide
notice or service to the animal owner :and/or possessor. In the case of personal service, service
shall be deemed complete. at the time of such delivery. In the case of service by first-class mail,
service shall be deemed complete at the time of deposit into the United States mail. The failure
to receive a notice or other document sent via first-class mail shall not affect. the validity of any
enforcement proceedings under thi's title.
9.24:080 Ownership of dangerous animals..
The owner of an animal determined to be dangerous ;arid ordered humanely euthanized pursuant
to this chapter shall be prohibited from owning, possessing, controlling or having custody of any
other animal of the same type -for a period of three years from the date of the determination of
when it s:found at the hearing conducted pursuant to this chapter that ownership or possession of
such animal by that person would create a significant threat to public health, safety or welfare.
9.24.090' Enforcement and. penalties.
A. Enforcement by Criminal Prosecution. Any violation of "this chapter may be prosecuted
as a criminal offense as set forth i section 9.32.030.
B. Enforcement by civil. court .action. The provisions of this chapter may be enforced by a
civil court action. in accordance w"th section 9.32.040. In addition to any other remedies
provided herein, any vi'o'lation. of this: chapter. involving, an animal deemed to be potentially
dangerous or dangerous ,shall be subject to a civil fine; not to exceed $1-,000.
C. Penalties and Remedies Cumulative. The penalties :and remedies specified herein shall
not be exclusive but shall be cumulative with all other .remedies: at law or in equity. The city
may, in its discretion, elect to pursue any one or more of the penalties or remedies provided for
herein or at law or in equity.
9.2.8:080 Cost, ofcare deposit.
The bwrier,ofan-animal that has been ;impounded pending. the outcome of any enforcement
,action-taken bythe City pursuant to this title may prevent disposition of the animal by Petaluma
Animal Services by posting a depositin an amount set either by the Hearing Officer or a court of
eornpetent,jurisdiction where the enforcement action is pending that is sufficient to provide for
the animal's minimum care for at least- thirty days, including. the day the animal was taken into
custody. Such deposit .shall be fixed with the City of Petaluma Department of Finance within
seven calendar days of the date of impound. If the deposit is not. posted, the .animal. shall be
deemed abandoned, and the .Animal Services Manager shall. determine the final disposition of the
animal in accordance with this title. Once the deposit• is exhausted, if the, owner of the animal
desires to prevent disposition of'the animal by Animal. Services, .the owner must post a deposit
within seven calendar days following the exhaustion of the deposit. If a deposit is not posted, the
animal shall be: deemed abandoned and final disposition shall be determined by the. Animal
Services°Nlanager: Nothing in this section shall prohibit the immediate euthanasia of the animal
if, in the opinion of a licensed. veterinarian, the animal is experiencing intractable extreme pain
or suffering. The owner shall be liable for all costs of providing care or disposal of the animal.
9.2:8:090 Holding. period .for animal.
A. Unlicensed dogs shall be inaintained~a minimum of four business days including the day
of impoundment.
B. Licensed dogs shall be maintained a minimum. of ten days following the date of
impoundment.
C. Any horse, mule, burro or bovine animal shall be maintained a minimum of four business
days including the day of impoundment, and be disposed of'as required by Section 17003 of the
~S
California .Agricultural Code. I1pon expiration of .the fourth day after the impoundment, if no
person has appeared- to claim such animal, the animal control officer shall notify the State
Director of Agriculture 'as required by Section 170.03 of the Californa,Agricultural Code.
D. All other animals sha'11 be maintained a:minimum of four business days including the day
of impoundment.
9.28:1'00. Disposition of animal.
A. After the holding period specified in Section 9.28•:090. has expired, animal .services is
authorized to make the animal. available for.adoption or to dispose of the animal by humane
euthanasia.
B. Exceptions. If an appeal. of the impoundment is pending, animal services may not
dispose of the animal until after a determination is made. by the animal hearing officer.
9.28.110 Summary euthanization of`the animal.
Animal services may cause an~mpounded animal to be destroyed without waiting for the holding
period specified in Section. 9:28:090 to expire,. when such animal. is severely injured, or infected
with a dangerous or communicable ,disease. Animal services shall make a reasonable effort to
notify the owner of the animal, if known, prior to the euthanization of the animal.
9.28:120 Redemption. of animal by owner.
A. The. owner of an• impounded animal may redeem the animal at any time prior to its legal
disposition by providing proper identification, obtaining a dog or cat license or other permit
when required under this title and paying all .fees and charges for the care, feeding and veterinary
treatment of the animal. If the owner. fails to pay the. required :fees. or charges, or to obtain any
required license or permit; the animal shall be treated as unredeemed by the owner and disposed
of in accordance with Section 9 28:'100. Exceptions: If :the impounded animal has been the
subject of an 'abaternentorder pursuant to Section 9.32.05:0 or Section 9.24.050, the animal shall
not, be released unless the owner is willing and able to comply with the terms of the abatement
order.
B. Animal services may retain an ;impounded animal for purposes of investigation or
prosecution ofany violations of this title, the Petaluma zoning ordinance or the laws of this state.
If a request. for redemption. is made by the owner of the animal, the costs of the continued
impoundment of the animal from. the date the request for redemption is made shall be borne by
the city unless the continued impoundment of the animal is upheld by the animal hearing officer.
The owner of the animal may appeal the continued impoundment of the animal within five
working days after 'a request for redemption is denied by' the animal control officer: A hearing
shall be set before the animal hearing officer within five working days of the filing of the appeal.
C. In such cases. where an impounded anirrial is found to be dangerous, the animal may be
"released subject to the conditions set .forth in Chapter 9.24.
9.28.130 Redemption after release to third party.
Animals adopted from the Petaluma animal shelter after the 'legal holding period will not be
returned to the original owner.
9.28.140 Requirements for animal adoption.
.Animal. services shall. require the mandatory spay/neuter of any cat or dog or rabbit prior to
adoption. of said animal from the shelter. Fees for adoption shall be set by the city council. and
posted~~atthe shelter.
9,32.010 Violation a public ,nuisance, enforcement,. alternative .remedies provided.
Any violation of this title is unlawful. and is hereby declared to be a~nuisance. The provisions of
this title may be enforced by the police department, fire department, animal control officers or
:any authorized designee of the manager of animal services. .Any violation of this title may be
prosecuted or enforced through any of the enforcement remedies in this title or .other applicable
law: The city expressly reserves the right to utilize any enforcement, remedies available under
any applicable state or federal statute or pursuant to any other lawful power the city may possess.
All such remedies shall be. alternative to or in conjunction with, and not exclusive of, one
.another. The election of remedies provided by this title or other applicable law shall be at the
sole discretion of city officials.
9.32.020 Separate and continuing violations,
A separate offense shall be deemed committed each day' a violation of this title. occurs or
continues; any penalty imposed for a: violation, pursuant to this chapter may be imposed on a
"per day" basis.
9.32.030 Violations enforced by criminal prosecution.
Any violation.. of .this. title may be~ prosecuted as a criminal. offense. Unless expressly described
as an infraction; a violation of any' provision of this title, or. failure to comply with any
mandatory requirement hereof;. shall constitute a misdemeanor. Notwithstanding the preceding
sentence; a violation of this title may, in the discretion of the prosecuting attorney or other
enforcing authority, be charged. and prosecuted as an infraction.
9:32:0.40' Violations. enforced. by' civil court action.
A. 'The-provisions of this title may be enforced by a civil court action, prosecuted by the city
attorney in the name of the city or in the name of the people' ofahe-state of California.
B. Collection of costs by the city. Whenever the city- attorney is authorized or directed to
commence or sustain any civil .action or proceeding. to enforce any provision of this title, or any
violation of a rule, regulation, or order promulgated or issued pursuant to this. title; or to enforce
any provision.of.any contract or agreement, or to enjoin or restrain any violation thereof, or to
otherwise abate: a nuisance :condition or collect any sums of money on behalf of the city; the
prevailing party -shall be entitled. to collect all costs and expenses of the same, including
reasonable attorney' fees in an amount not to exceed. the amount of attorney's fees incurred by
the~,city as authorized, by Government Code Section 38773.5(b), and. any such award of costs and
expensesshall bemade a part of the: judgment.
.9.32.050 Administrative enforcement'of violations.
A. Notice of Violation ;and ;abatement' order. Except as otherwise provided in this title,
whenever. an animal cont"role. officer .has reasonable cause to believe. a violation of this title has
occurred,. the. animal control off cer may issue the responsible party a Notice of Violation
"NOV") and abatement order. Such NOV and abatement order shall be served on the owner
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and/or possessor in the manner described in subsection B of this section. The animal control
officer shall include the following information in the NOV and abatement order:
1. The date and location of the violation, including the; address or other description of
the; location where the violation occurred or is occurring and a brief description of the conditions
observed that constitute a violation;
2. The name(s) of the owner and/or possessor, f.known;
3. The code section(s) being violated and a description of the section(s);
4. Actions required to correct, abate or mitigate the nuisance condition or code violation,
and the time within which the violation must. be abated;
5. An order prohibiting the; continuation or :repeated occurrence of a nuisance condition
or violation of this code described in bhe NOV and abatement order;
6. A statement that the person upon whom the NOV and abatement order is served may
.appeal the determination that there is/are violation(s) as alleged,, that the person who was served
with the NOV is the owner and/or ;possessor of the animal(s), or that the amount of any
administrative fine imposed is warranted. The NOV will instruct the person being served as to
the•proper procedure and time frame for submitting an appeal;
7. Notice that if the owner and/or possessor fails to comply with the order or file a
timely appeal, the animal will be subject to impoundment. in accordance with Chapter 9.28;
8. The signature of the citing animal control officer and city contact information
(address, telephone number) for additional information.
B. The NOV and abatement. order shall be served upon the owner and/or possessor
personally or by United States mail, frst-class postage prepaid, and if by such mail, it shall be
sent to the animal owner at his/her last known mailing address. In. the event that the last known
address of the animal owner and/or possessor cannot be ascertained, the hearing officer or animal
control officer shall sign a declaration under penalty of perjury that best efforts were made to
provide nofiee or service to the animal owner and/or possessor, In the case of personal service,
service shall be deemed complete at the time of such delivery:.. In the case of service by first-
class mail, service shall be deemed. complete at the time of deposit into the United States mail.
The failure to receive an NOV and abatement order sent via .first-class mail shall not affect the
validity of any enforcement proceedings under this title.
C. Proof of service shall be certified by a written declaration under penalty of perjury
executed by the person effecting, service; declaring the date, time, and manner of service, and the
date and place of posting,. if applicable. The declaration shall be affixed to a copy of the NOV
and abatement order and retained by the animal control officer.
D. The failure of an NOV to satisfy all of the requirements of this provision shall not affect
the validity of any other enforcement proceedings under this title.
E. The owner and/or possessor of the animal may request a hearing before the animal
hearing officer to appeal the abatement order within ten days of the. date of service of the order
pursuant to this section. A timely appeal shall stay .the abatement order until the animal hearing
officer rules whether to sustain, modify or overrule the order.
F. It is unlawful for the owner and/or possessor of an animal to fail to comply with the
abatement order unless.a timely appeal is .filed and pending in accordance- with this section.
G. If after investigation, the owner and/or possessor of~tfie animal cannot be ascertained and
located and the animal control officer reasonably believes that the animal committing the public
nuisance has been left outdoors without proper supervision for twenty-four or more hours, the
animal control officer may impound the animal if continuation of the nuisance poses an
\~
immediate threat to the-health and safety of the animal or the public safety. Impoundment shall
be in accordance with the procedures for immediate impoundment specified in Section 9.28.070.
H. Appeal.
1. Notice. The hearing officer shall notify the .owner and/or possessor of the animal that
a hearing will be held, at which time the animal control officer and the animal owner and/or
possessor may present evidence as to whether the abatement order shall be sustained, modified,
or overruled. The notice of the appeal hearing shall be sent pursuant to Section 9.32.050,
subdivision {B): The hearing shall be held promptly within no less than ten days and no more
than thirty days after service of the notice on the owner of the animal.
2. Conduct of hearing.. The hearing officer shall conduct the hearing in an informal
manner and shall afford the owner and/or possessor of the animal an opportunity to present
evidence as to why the order should, be modified or overruled. The formal rules of evidence
.shall not apply; however, whenever possible, any complaint received from a member of the
public which serves as the "evidentiary basis for the animal control officer to find probable cause
shall be sworn to and verified by the complainant and. attached to the petition filed by the animal
control officer.. The hearing officer may admit into evidence all relevant evidence, including
incident reports and the affidavits or' declarations of witnesses; ..limit the scope of discovery;
shorten the time to produce records or witnesses; exclude witnesses from the hearing when not
testifying; exclude disorderly or disruptive persons from .the hearing; and make other orders
necessary to ensure the fair and orderly conduct of the hearing.. The hearing shall be open to the
public.
3. Recording. The proceedings at the hearing may be tape recorded if ordered by the
hearing officer or requested by the owner and/or possessor- of the animal. A stenographic
-reporter shall also record the proceedings if ordered by the.: hearing officer or requested by the
owner and/or possessor, with the costs thereof to be borne by the requestor. A copy of the tape
recording or transcript. of the proceedings shall be made available to any person upon request and
upon payment of the cost of preparation thereof.
4. Failure to appear. The hearing officer may decide all issues for or against the owner
and/or possessor of the animal ever if the owner and/or possessor fails to appear at the hearing.
5. Determination. After the hearing, the hearing officer may find, upon a preponderance
of the evidence, that a public nuisance under this section exists. The hearing officer may order
the abatement of the nuisance by upholding or modifying the abatement order. The abatement
order shall supersede any previous abatement order issued by an animal control officer. Within
ten days of the hearing, the determination and abatement. order shall be served upon the owner by
prepaid first.-class° mail; return receipt requested. The determination and .abatement order of the
hearing officer shall be final and conclusive.
I. If the owner an/or possessor' of the animal fails to file a timely appeal. or abate the public
nuisance within ten days of the date of service of the. NOV and abatement order or decision by
the hearing officer regarding an appeal, the animal. control officer may:
1. Cite the owner and/or possessor of the animal for a violation of this title. Each day
that a violation occurs is a separate offense:
2. Refer the violation to the city attorney or district attorney for criminal or civil
prosecution of a violation and/or abatement of the public nuisance.
3. Impound the animal. The owner and/or possessor may redeem an impounded animal
as specified in 'Chapter 9.28 provided that the owner and/or possessor agrees to comply and is
able to complywith'the abatement order, and has paid all impound fees or charges.
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J. Exceptions.. Nothing in this section shall be construed to apply to noise levels emanating
from a legally operated veterinary hospital, humane society or animal control shelter or farm.
K. The remedies of this section. shall not limit the city nor any person from seeking any other
legal remedy available by law, including but not limited to an action for private or public
nuisance..
9.32.060 Judicial review.
Any .owner and/or possessor who is aggrieved by a decision..of a hearing officer and who has
exhausted the administrative remedies provided in this title, or any other applicable law, shall
have the right to. seek judicial review of such decision by filing a petition for writ of mandate as
more full. described in Section 1.14.110 of this code, as that section may be amended from time
to time.
9.32.070 Recovery of costs of abatement.
A. The city may elect to recover its costs to abate nuisance .conditions or other violations of
this title pursuant to the procedures set forth in section 1.14.120 of this code, as that section may
be amended'from time~to time.
B. Cost accounts. If any order .authorizes the city to abate a nuisance condition or other
violations of this title, the city official. responsible for such abatement shall keep an accounting of
the. cost of abatement along with any other recoverable costs pursuant. to the procedures outlined
in section 1.14.130 of this code.
C. Imposition of liens or special assessments. Any :penalty imposed for violations of this
title, administrative costs or other expenses of enforcement, and the cost or expenses associated
with the abatement of a nuisance as .set forth in this title, whether imposed or levied judicially or
administratively, may be enforced by the recordation of a lien or may become a special
assessment against the property of the owner as described in section 1.14.140 of this code.
9.32.080 Enforcement methods provided herein not. exclusive.
Nothing in this title shall prevent the city from initiating any other legal or equitable proceeding
to obtain compliance or to discourage noncompliance with the provisions of this title. The
enforcement procedures described herein are intended. to be .alternative methods of obtaining
compliance or. discouraging noncompliance and are expressly intended to be in addition to any
other remedies provided by law or. this code. It is the intent of the city council that the
immunities prescribed in Penal Code Section 836.5 and Government Code Section 820.2 shall be
applicable. to the animal. control officer, and any other public officers or employees, acting in the
course and scope of employment pursuant to this title.
9.32.090 Behavior and Training Diversion Program.
At the discretion of the Animal Control Officer, an animal owner who has violated any section of this title
may be required to attend the `Behavior and Training Diversion Program." The fee for attending the
"Behavior and Training Diversion Program" shall be determined by city council resolution.
Section 2. Ordinance Not Subject to .CEQA. The City Council finds that this
Ordinance is not. subject to the California Environmental Quality Act ("CEQA") in accordance
with Section-15060(c)(2) of the CEQA Guidelines, (Title 14, Chapter 3 of the California Code of
Regulations) in that the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment, and in accordance with section. 15060(c)(3) of the CEQA
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Guidelines in that .the. activity is not a project as defined in Section 15378 of the CEQA
Guidelines because it has :no potential for resulting, in physical. change to the environment, either
directly or indirectly..
Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance
is for any reason held to `be unconstitutional, unlawful or otherwise invalid by a court of
competent.. jurisdiction. or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this ordinance. -The City Council of the City of
Petaluma. hereby declares that it would have passed and adopted this ordinance and each and all
provisions thereof irrespective of the factthat any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 4. Said ordinance or a synopsis shall be posted and/or published for the period
and in the manner required by City Charter.
Section 5. This' ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
INTRODUCED AND ORDERED .POSTED/PUBLISHED THIS day of , 2009
ADOPTED THIS day of , 2009; by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
1295453.1
Mayor
APPROVED AS TO FORM:
City Attorney
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~~ c c h (~ t o ~"'
PETALUMA ANIMAL SERVICES ADVISORY C®MMITTEE
RECOMMENDATIONS REGARDING FERAL CATS TNRM PR®GRAM
The legislative subcommittee supports a local Feral Cat Trap, Neuter, Return, Monitor (TNRM) Program and the
development of a project similar to Sacramento's Miller Park Project if the following criteria are met:
THE PROGRAM/PROJECT IS DEVELOPED AND MANAGED BY A 501c.3 ORGANIZATION WHICH
WILL:
DEVELOP AND SUBMIT TO PETALUMA ANIMAL SERVICES (PAS) A DETAILED PLAN FOR THE CARS
AND MANAGEMENT OF FERAL CAT COLONIES RESULTING IN A PROGRAM THAT WILL:
^ Identify a plan to organize and develop positive collaboration
^ Define group objectives and implementation plans
^ Identify project leaders
^ Establish minimum liability insurance as specified by the City of Petaluma Risk Management office naming the
City of Petaluma as an additional insured
^ Define the program funding plan
^ Define the colony tracking system to include summary information documenting quarterly colony statistics
® Define the spay/neuter program to include testing and vaccination plans in accordance with Petaluma Municipal
Code Title 9, Section 9..14.110
^ Establ'ish standardized feeding stations
^ Define the feeding program
^ Establish a plan for the evaluation of kittens that can be socialized and cats that are determined not to be feral
^ Agree to immediately provide all colony records in associated area to Animal Control Officer if there is a clear
violation of the law
^ Define, the proposed method of communicating with PAS throughout the program to include Petaluma Animal
Services (PAS) disposition of cats they encounter that have been ear=tipped
^ Provide a plan to coordinate the continuing public education of the Feral Cat Program with PAS and the Petaluma
Parks & Recreation
=End=
Members: Charlie Reinhart, Jonathan Long; John Cerini, Jack Eliot, Jr.
S; Draft recommendations regarding feral cats.doc
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