Adelanto Municipal Code Ch. 7.04 Animal Control

As used in this Title, the following terms shall be defined as follows:

A. "A" Definitions.

"Adequate Care” or "Care" means the responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, grooming, the provision of veterinary care when needed to prevent suffering or impairment of health and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal.

"Adequate Exercise" or "Exercise" means the opportunity for the animal to sufficiently move to maintain normal muscle tone and mass for the age, species, size and condition of the animal.

"Adequate Feed" means access to, and the provision of, food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.

"Adequate Shelter" or "Shelter" means provision of, and access to, shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, hail, direct sunlight, standing water, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and for dogs and cats, provides a solid surface, resting platform, pad, floor mat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this Title, commercial kennels whose wire grid or slat floors do not protect the animal's feet or toes from injury are not adequate shelter.

"Adequate Space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether that permits the actions in (i) and (ii) and is appropriate to the age and size of the animal according to professionally accepted standards for the species; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least eight (8) feet in length, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space.

"Adequate Water" means provision of, and access to, clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at least once every twelve hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices.

"Animal" means any vertebrate creature, domestic or wild, and includes these categories: birds, fish, mammals, amphibians and reptiles.

"Animal Control Officer" or "Humane Officer" means any person designated by the City as a law enforcement officer who is qualified to perform such duties under the laws of the State of California, or a Code Enforcement Officer, Peace Officer or any other person designated by the City Manager with whom the City has contracted to oversee field animal control operations, kennel and office operations.

"Animal Menagerie" means any place where wild animals are kept or maintained for private or commercial purposes, including places where wild animals are boarded, trained or kept for hire.

"Animal Shelter" means any facility operated by a humane society or municipal agency or its authorized agents, excluding the San Bernardino County Sheriff’s Department, for the purpose of impounding animals under the authority of this Chapter or State law for care, confinement, return to owner, adoption or euthanasia.

"Assistance Dog" means a specially trained and licensed canine assigned to a disabled person for the specific purpose of assisting the disabled person. Assistance dogs include, but are not limited to, guide dogs for the blind, hearing dogs, canine companions and pet- assisted therapy dogs.

"At Large" means any animal, other than a domestic cat or wild animal in its established habitat, which is off the owner's premises and which is not physically and continuously restrained by a person physically and mentally capable of controlling the animal at all time by means of a leash, chain, or other physical apparatus of sufficient strength and length to prevent the animal from making unsolicited contact with any person or any other animal, except dogs used for law enforcement purposes or for herding and control of livestock when under immediate command control. Any animal on the premises of the owner not completely confined by a building, wall or fence of sufficient height, strength, and construction to restrain the animal and prevent the animal from escaping, or secured to the premises by a chain or leash of sufficient strength to prevent the animal from escaping, and so arranged that the animal will remain upon the premises when the leash or chain is stretched to its full length shall be deemed "at large." The use of an electric or invisible fence, or other similar device, is not sufficient restraint.

"Auction" means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this Chapter. This definition does not apply to individual sales of animals by private owners.

B. "B" Definitions.

"Birds" shall refer to those birds typically sold in local pet stores and kept as household pets, such as canaries, parrots and other birds of similar size and character.

"Breeder" means any person, business or organization that is recognized as a "breeder" under the laws of the State of California.

"Breeding" means the production of offspring, whether such offspring result from sexual activity or artificial insemination, and whether such sexual activity was intentional or the result of improper confinement.

C. "C" Definitions.

"Canine Hybrid" means (1) any canine which has or had a pure wolf or pure coyote as a parent or grandparent; or (2) an animal represented by its owner to an Animal Control officer, law enforcement officer, or to a veterinarian to be the offspring, cross, mix or hybrid of a wolf or coyote within the preceding two generations; or (3) any animal which, because of its pure wolf or pure coyote ancestry, cannot be vaccinated against rabies.

"Cattery" means any building, structure, enclosure or premises, not including a commercial cattery and which are otherwise in accordance with all applicable zoning regulations, whereupon, or within which, five (5) or more cats, four (4) months of age or older, are kept or maintained.

"Circus" means a commercial variety show featuring animal acts for public entertainment.

"Commercial Animal Establishment" or “Commercial Kennel" or "Commercial Cattery" means any pet shop, grooming shop, guard dog auction, riding school or stable, zoological park, circus, performing animal exhibition or boarding or breeding kennel or cattery open to the general public. This definition does not apply to privately owned, not-for-hire ranches.

"Commercial Fertilizer Operation (CFO)" means the storage, stockpiling, drying, mechanical processing, packing or stacking of manure in substantial quantities.

"Commercial Horticulture" means the growing of fruits, vegetables, flowers and ornamental plants for sale.

"Commercial Ranch" means a property used for the commercial breeding, grazing, raising and/or training of animals.

"Coop" means and includes any pen, coop or enclosure wherein live fowl are kept and maintained.

"Crowing Fowl" means and includes any male fowl capable of making a sound peculiar to its species or type.

D. "D" Definitions.

"Dangerous Animal" means an animal, except a dog assisting a public safety officer engaged in law enforcement duties, which demonstrates any or all of the following behavior:

1. An unprovoked attack that results in serious injury to, or the death of, any person when such person is acting lawfully;

2. An unprovoked attack that results in the death of another animal or livestock when the animal or livestock is off the property of the owner of the attacking animal;

3. A second unprovoked attack within a thirty-six (36) month period on a person that requires a defensive action by any person to prevent bodily injury when the person is acting lawfully;

4. A second unprovoked attack within a thirty-six (36) month period on another animal or livestock that results in serious injury when the animal or livestock is off the property of the owner of the attacking animal;

5. A second unprovoked attack within a thirty-six (36) month period on any person that results in less than a serious injury when the person is acting lawfully.

"Domestic Animal" means any animal customarily kept by humans for companionship and considered "pets," including, but not limited to, dogs, cats, birds, rabbits, hamsters, potbellied pigs, guinea pigs, mice, rats, iguanas and the like; and animals which have historically and commonly been tamed for the use of man (e.g., horses, cows, dogs, and sheep). Feral cats are not domestic animals.

E. "E" Definitions.

"Emergency Veterinary Treatment" means veterinary treatment to prevent or alleviate suffering, stabilize a life-threatening condition, or to prevent further transmission or progression of disease.

"Enclosure" means structure used to house or restrict animals from running at large or harming themselves and should be of appropriate size for the age, species and condition of the animal consistent with generally accepted husbandry standards for the species.

"Exotic Animal" means any species of animal not normally considered domestic or livestock. For purposes of this definition, "exotic animal" shall be defined and include those animals defined in Fish & Game Code Section 2116 as "wild animals." This includes, but is not limited to, the species listed in Fish & Game Code Section 2118.

F. "F" Definitions.

"Fish" shall refer to those types of fish typically sold in local pet stores and kept as household pets.

"Fowl" means and includes male and female chicken, duck, goose, seafowl, peacock, turkey and pheasant.

G. "G" Definitions.

"Guard Dog" or "Security Dog" means any dog used for the purpose of guard or security duty.

H. "H" Definitions.

"Household Pet" means a small, tamed, domestic animal housed and maintained inside a residence, including, but not limited to, birds, fish, reptiles and rodents.

"Housing facility" means any room, building, or area used to contain a primary enclosure or enclosures.

"Humane" means any action taken in consideration of, and with the intent to provide for, the animal's behavioral and physical health and well being.

I. "I" Definitions.

"Impoundment" means the picking up of an animal by a duly authorized person and bringing same into an animal shelter for confinement, custody and disposition.

J. "J" Definitions.

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K. "K" Definitions.

"Kennel" means any building, structure, enclosure or premises, not including a commercial kennel and which are otherwise in accordance with all applicable zoning regulations, whereupon, or within which, five (5) or more dogs, four (4) months of age or older, are kept or maintained.

L. "L" Definitions.

"Livestock" means animals kept by humans that do not customarily inhabit their owners' dwellings, including all domestic or domesticated bovine animals (cattle type); equine animals (horse type); ovine animals (sheep type); porcine animals (pig type); cervine animals (deer like); caprine animals (goat type); ratite animals (ostrich type); enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, and any species of chickens, ducks, pigeons, geese, turkeys or other domesticated fowl, but excludes companion animals.

M. "M" Definitions.

"Manure" means animal excrement or livestock excreta. Manure does not include waste ("paunch") from the alimentary canal of cows, horses, sheep, goats, pigs or other animals.

"Minor" means a person who is not of legal age, or under eighteen (18) years old.

N. "N" Definitions.

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O. "O" Definitions.

"Owner" means any person who is the legal owner, keeper, harborer, guardian, possessor, custodian, or has a propriety interest in harboring or having care, charge, control, custody or possession of an animal. Ownership is also established by a person registering as the owner on a license or other legal document or by a person claiming ownership and taking possession of an animal. An animal is deemed to be harbored if it is fed or sheltered for five (5) or more consecutive days. “Person” includes any individual, firm, partnership, corporation, trust and any association of persons.

P. "P" Definitions.

"Pit Bull" means any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any mixed breed of dog which contains, as an element of its breeding, one of these aforementioned breeds and exhibits the majority of physical traits of any such breeds.

"Pot-Bellied Pig" means a domesticated miniature Vietnamese, Chinese or Asian pot-bellied pig not exceeding ninety (90) pounds in weight and eighteen (18) inches in height (measured at the shoulder), and characterized by a swayed back and straight tail.

"Potentially Dangerous Animal" means an animal, except a dog assisting a public safety officer engaged in law enforcement duties, which demonstrates for the first time any or all of the following behavior:

1. An unprovoked attack on a person that requires a defensive action by any person to prevent bodily injury when the person is acting lawfully;

2. An unprovoked attack on another animal or livestock that results in serious injury when the animal or livestock is off the property of the owner of the attacking animal;

3. An unprovoked attack on any person that results in less than a serious injury when the person is acting lawfully;

4. Any unprovoked behavior that constitutes a physical threat of bodily harm to any person when the person is off the property of the owner of the animal.

"Properly Cleaned" means that carcasses, debris, food, waste, and excrement are removed from the yard, property, house and primary enclosure with sufficient frequency to minimize the animal's contact with the above-mentioned contaminants; that the primary enclosure is sanitized with sufficient frequency to minimize odors, insects, and the hazards of disease preventing the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants.

"Public Nuisance" - Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:

• 1. Is repeatedly found at large;
• 2. Damages the property of anyone other than its owner;
• 3. Molests or intimidates pedestrians or passers by;
• 4. Chases vehicles;

5. Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

6. Causes fouling of the air by odor, by unclean or unmaintained enclosures and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

7. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;

8. Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained or attacks other domestic animals; or

9. Is an unspayed female in estrus left unattended so as to attract stray males.

Q. "Q" Definitions.

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R. "R" Definitions.

"Reptiles" shall refer to small, non-venomous reptiles which are thirty-six inches or less in length (measured from head to the tip of the tail), and are typically sold in local pet stores and kept as household pets.

"Responsible Person" means owner, person or individual, over eighteen (18) years of age, having control, custody, care, charge of or living at dog or animal's residence.

"Rodents" shall refer to those which are typically sold in local pet stores and kept as household pets, such as guinea pigs, hamsters, rats, mice and other rodents of similar size and character.

S. "S" Definitions.

"Service Dog" - Any dog under the control of a public safety officer in the performance of, or training for, public service.

"Small Domestic Animal" means mice, rats, hamsters, guinea pigs, snakes, tropical fish, canaries, parrots, parakeets and other similar animals commonly sold in pet stores and kept as household pets.

“Substantial Injury” means a substantial impairment of the physical condition of a person or animal which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, punctures, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.

T. "T" Definitions.

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U. "U" Definitions.

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V. "V" Definitions.

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W. "W" Definitions.

"Weaned Age" means animals that are accustomed to food other than mothers' milk. Fowl are considered to be weaned at two (2) months of age.

"Wild Animal" means any animal which may not be imported, transported or possessed without first obtaining a California Department of Fish and Game permit, as set forth in Chapter 14 of the California Code of Regulations, Section 671, or its successor regulations. Any wild, exotic, dangerous or venomous animal, including but not limited to, mammals, fowl, fish or reptile, including those born or raised in captivity, except the following: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals and horses, rodents and captive-bred species of common cage birds.

X. "X" Definitions.

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Y. "Y" Definitions.

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Z. "Z" Definitions.

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[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

A. Licensing Required. It shall be unlawful for any person to keep, harbor or have custody of any dog over four (4) months of age within the City without such dog having a current, valid license tag issued by the City. Each dog shall have a current rabies vaccination as evidenced by a valid rabies certificate issued by the veterinarian who performed the vaccination as a requisite to licensing. A rabies vaccination certificate shall not be required if the license is obtained at the time the dog is vaccinated at a City sponsored low-cost clinic.

B. Licensing Guard/Security Dogs. While a dog is being used for security purposes within the City, it must have an City dog license; and the license tag must be securely fixed to the dog’s collar regardless of where the owner resides and whether a license has been obtained for that jurisdiction.

C. License Application. Written application for licenses, which shall include the name and address of applicant, description of the animal, the appropriate fee and rabies certificate issued by a licensed veterinarian or anti-rabies clinic showing a current vaccination, shall be made to the licensing authority.

D. Term of License. If not revoked, licenses for the keeping of dogs shall be issued for a period of three (3) months or more, not to exceed three (3) years or the expiration date of the current rabies vaccination certificate.

E. Time of License Application. Application for a dog license must be made within thirty (30) days after obtaining a dog or when the dog reaches the age of four (4) months. This requirement does not apply to a nonresident keeping a dog within the City for not longer than thirty (30) days so long as a current license from another jurisdiction is continuously attached to the dog.

F. Issuance of Tag. Upon acceptance of the license application and fee, the licensing authority shall issue a durable tag, stamped with an identifying number.

G. Tag Must be Worn. Dogs must wear identification tags or collars at all times when off the premises of the owners.

H. Record of Tags. The licensing authority shall maintain a record of the identifying numbers of all tags issued and shall make this record available pursuant to the Government Code as a public record.

I. Tags and Vaccinations. The licensing period shall run concurrently with the rabies vaccination certificate.

J. License Fees. License fees shall be established and amended by resolution of the City Council as part of the City’s Fee Schedule. Each application for a license shall be accompanied by a license fee as specified in the City’s Fee Schedule, provided such license is obtained:

1. Within thirty (30) days of the expiration date of the current license;

2. Within thirty (30) days after said dog attains the age of four (4) months;

3. Within thirty (30) days after purchase or obtaining control, care or custody of a dog which previously attained the age of four (4) months and provided further that proof of recent acquisition as indicated by the date of purchase receipt is shown at the time of application; or

4. Within fifteen (15) days after the date of establishing residency in Adelanto, if said dog has no current license from another jurisdiction.

5. Within thirty (30) days of establishing residency if said dog has a current vaccination and license from another jurisdiction. The owner must transfer the dog license to the City of Adelanto.

K. Licensing Fee. The licensing fee shall be established by the City Council to cover the reasonable cost to the City of administering its licensing program, together with the reasonable cost of providing an incentive for sterilization.

L. Use of License. No person may use any license for any animal other than the animal for which it was issued.

M. Penalty Fee. Any person who obtains a license not in conformity with any of the provisions of this Chapter shall pay a penalty fee as specified in the Adelanto Fee Schedule, which shall be adopted by resolution of the City Council, in addition to the regular license fee.

N. Renewal of License. Each Adelanto dog license shall be valid for a period of one (1), two (2) or three (3) years from the date of issuance, depending on the fee paid, and shall be renewed prior to expiration or within a period of thirty (30) days after expiration. The procedure for the renewal of such license shall be in the same manner as the issuance of the original license.

O. Duplicate License Tag. When the original license tag is lost, a duplicate tag shall be obtained upon submission to the Animal Control Department such proof as may be required. The cost of each duplicate tag shall be as specified in the Adelanto Fee Schedule.

P. Wearing of Tag. It shall be the responsibility of every City resident who owns, harbors, cares for or has in custody a licensed dog, to securely attach or fasten the license tag to the dog’s collar or harness so that such tag is worn by the dog at all times except while such dog remains indoors or in any enclosed yard or pen where the dog resides.

Q. Falsification of License Tag. It shall be unlawful for any person to place upon or attach to a dog any false, counterfeit or unauthorized tag for the purpose of evading the provisions of this Chapter.

R. Unlawful Use of Tag. It shall be unlawful to attach a license tag on a dog to which said tag was not originally issued. It shall be unlawful for an unauthorized person to remove from any dog, any collar or harness or other device to which is attached an Adelanto license tag for the current year or remove such tag therefrom.

S. Transfer of Ownership. If, during the licensing year, a licensed dog in the City is sold or title to the dog is otherwise transferred to a City resident, such new owner may apply to the City for a transfer of such dog’s license and pay a transfer fee as specified in the Adelanto Fee Schedule. Upon receipt of the application fee, the Animal Control Department shall record the transfer of the license to the new dog owner.

[Ord. No. 521, 10/23/13.]

A. Animal Control Officers, Humane Officers, Code Enforcement Officers, Peace Officers, the City Manager and any person designated for that purpose by the City Manager are authorized and empowered to, and shall, enforce the provisions of this Title, and State and federal laws and regulations authorizing such enforcement relating to the care, control and treatment of animals, including, but not limited to the following:

1. Capture, receive, take-up and impound:

a. Any dog or other animal found running at large in violation of this Chapter or any law of the State of California;

b. Any dog or other animal which is molesting any person;

c. Any dog or other animal which is molesting or harassing animals, birds or pets upon the premises of any person;

d. Any animal, including wild animals or birds, being kept or maintained within a person’s premises in violation of this Chapter or of any law of the State of California;

e. Stray, unwanted or abandoned animals;

f. Dogs or other animals which are unlicensed and/or unvaccinated in violation of this Chapter or other applicable laws;

g. Animals delivered for disposition, after the owner has paid the required fee and released all title and interest in the animal by signing the form provided by the Animal Control Officer for this purpose; or

h. Animals for which the owner or custodian is unable to care because of imprisonment, illness or other preventing contingency, or in cases in which the owner or custodian cannot be found;

2. Regularly and adequately feed, water and otherwise care for all dogs or other animals impounded under the provisions of this Chapter or to provide for such feeding and watering;

3. Receive, take-up and impound any sick or injured dog or other animal whose owner is unknown or unidentified; to humanely destroy any such injured dog or other animal, when, in the opinion of a licensed veterinarian, such destruction is necessary and humane, and is performed in compliance with Business & Professions Code section 4827; and to make proper disposition of such animal. Should an injured or destroyed animal be an identified animal, then the owner of said animal shall be immediately notified of its injury or destruction;

4. Do and perform any other acts necessary to carry out the provisions of this Title and of the laws of the State of California relating to dogs or other animals.

B. If an Animal Control Officer has reasonable cause to believe that any person has violated any of the provisions of this Title, or any State laws which the Animal Control Officer is authorized to enforce, relating to the care, control and treatment of animals, the Animal Control Officer may apply the penalty provisions set forth in Sections 7.04.140 and 7.04.145 of this Chapter.

C. The Animal Control Officer having custody of any impounded dog or other animal may, by humane methods, summarily destroy the same if:

1. The dog or other animal is suffering from any incurable or contagious disease as certified to by a licensed veterinarian; or

2. The animal is suffering from a severe injury as certified to by a licensed veterinarian; or

3. The animal is a newborn in need of maternal care and has been impounded without its mother; or

4. It is an unlicensed "vicious dog or animal" as defined in Section 7.06.020(B) and declared as such pursuant to Section 7.06.030 of the Adelanto Municipal Code.

D. Any Animal Control Officer having in his custody any unlicensed, impounded dog or other animal not suffering from any infectious or communicable disease may, in accordance with the provisions of this Title, release the same to any adult person who will pay the Shelter fees and charges as specified in the City’s Fee Schedule, which shall be adopted by resolution of the City Council.

E. All the provisions of this Chapter pertaining to impounded, unlicensed dogs, except the licensing provisions thereof, shall apply to impounded animals.

F. The Shelter keeper or Pound keeper or any duly authorized person shall have the right to receive and dispose of dogs or other animals delivered into his/her possession by the owners thereof and shall charge a specified fee for each dog, cat, puppy, kitten or other animal delivered into his/her custody.

G. When the breed of an unspayed or unneutered dog is at issue, the Animal Control Officer shall determine whether such dog is a pit bull. If the owner of the dog wishes to appeal the Animal Control Officer’s determination that the dog is a pit bull, he or she may, within ten (10) calendar days of the determination, request a hearing before the hearing officer. The hearing shall be held in accordance with Sections 7.04.160 through 7.04.180 of this Chapter.

H. Any impounded animal which has not been redeemed or sold may be disposed of by euthanasia in accordance with State and City laws.

I. Disposition of Impounded Animals.

1. An impounded dog or other animal may be redeemed in accordance with the provisions of this Title, by payment of a specified Shelter fee in addition to the daily charges and other charges, if any, for each day the animal has been impounded.

2. Any dog over the age of four (4) months which has been impounded shall not be released from the Shelter, unless it is first licensed in accordance with the provisions of this Chapter.

3. Any Animal Control Officer acting under the provisions of this Chapter and impounding a licensed dog, shall give notice in person, by phone or by mail to the last known address of the owner, of the impounding of such dog. If such dog is not redeemed and owner or possessor does not pay the fees required as specified in this Chapter within ten (10) days after notice has been given, the Shelter or Animal Control Department shall dispose of such dog in accordance with the provisions of this Title.

J. Sterilization (Spay/Neuter) Requirements.

1. Cats - Spay/Neuter Requirements. No person owning or otherwise having a cat over four (4) months of age in his/her care, charge, control, custody or 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 or impound every cat found in violation of this Section and shall require the owners or guardians of the cat to either spay or neuter the cat within fifteen (15) days of such violation or produce a certificate of sterilization proving that the cat is already altered. Failure to comply with this Section will result in a citation.

2. When a person is cited or a cat is impounded under this Section, the owner of the cat, if known, shall be notified in writing and given seven (7) calendar days to request a hearing held in accordance with Sections 7.04.160 through 7.04.180 of this Chapter. The decision of the hearing officer shall be final.

K. Impoundment - Challenge by Owner. If the owner of an animal wishes to challenge an impoundment, the owner shall personally deliver or mail a written request for a hearing before the Shelter supervisor. The request must be received by the Shelter supervisor within four (4) days of the impoundment. The Shelter supervisor shall review the request, together with additional evidence presented at or before the time of the hearing, and shall determine whether or not the impoundment was proper. Unless a provision of this Chapter requires otherwise, if the Shelter supervisor determines that the impoundment was improper, the animal shall be immediately returned to its owner.

L. Mandatory Sterilization for Second Impoundment.

1. Any animal which is impounded by any agency within the City two (2) or more times while under the same ownership shall be microchipped and ordered spayed or neutered within fifteen (15) days of being released to the owner (at the owner’s expense and at the veterinarian of the owner’s choosing). The cost of the microchipping shall be added to the redemption fee described in Subsection I. of this Section. The owner of the animal shall provide written documentation from the veterinarian performing the surgery to the Animal Control Officer within seven (7) days of the surgery as verification that such surgery occurred.

2. Any owner of an impounded animal subject to mandatory sterilization under Subsection 1. of this Section may request, in writing and within seven (7) calendar days following notice of the second impoundment, a hearing to be conducted by the Shelter supervisor or his/her designee. Such hearing shall be held within five (5) calendar days of such request and shall determine whether good cause exists for an exemption from the provisions of Subsection 1. herein. If no good cause is established, then the animal shall be ordered spayed or neutered.

3. Good cause for an exemption from mandatory sterilization shall exist if the animal was at large due to an act of God, emergency, or other mitigating factor not caused by the negligence of the owner or other person in control of the animal, or upon presentation of documentation from the animal’s veterinarian stating that a health condition exists that would preclude such a surgery. The burden of proof to establish good cause for an exemption shall be upon the owner and shall be established by a preponderance of the evidence.

M. Sterilization Prior to Adoption. No unclaimed impounded dog or cat shall be released for adoption without first being sterilized or without written statement from a licensed veterinarian that it would be detrimental to the animal’s health to have it sterilized at this time. A sterilization fee established by the City shall be collected at the time of adoption.

N. Record of Impounded Animals. The Shelter supervisor, or any other duly authorized person, shall keep a record of all animals impounded by him/her which shall show:

• 1. Date of impoundment.
• 2. License tag number, if any.
• 3. Complete description of animal.
• 4. Date and manner of its disposal.

5. If redeemed or sold, the name and address of the person by whom redeemed or purchased, the amount of all fees and other moneys received or collected and the disposition thereof.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

A. When any dog or other animal or fowl owned by, or in the custody or control of any person, or found in any person’s private property dies, such person shall, within twenty-four (24) hours, provide for the burial, incineration or other disposition of the body of such dead animal or fowl in a safe and sanitary manner.

B. It shall be unlawful for any person to dispose of the body of such dead animal or fowl in or on any public or private property, other than his own, without proper authorization from the City.

[Ord. No. 521, 10/23/13.]

A. No owner and/or responsible person in charge of the animal shall permit such animal to defecate on any public sidewalk, street, improvement, park, or other public place, or on any private property without the consent of the owner of such private property, unless such owner and/or responsible person in charge of the animal removes any such defecation to a proper trash receptacle.

B. When the Animal Control supervisor or his/her enforcement officer(s) and/or inspector(s) determine that the owner and/or responsible person in charge of the animal has violated subsection (a) of this Section, such animal control personnel are authorized to:

1. Direct the owner and/or responsible person in charge of the animal for the animal to immediately remove and dispose of the defecation to a proper trash receptacle;

2. Issue a written notice to the owner and/or responsible person in charge of the animal that if, within a twelve (12) month period following the initial response, animal control personnel are again required to respond to the same owner and/or responsible person in charge of the animal for violating subsection (a) of this Section, a criminal and/or administrative citation will be issued pursuant to Chapters 1.20 and 7.04 of this Code; and

3. Issue criminal and/or administrative citations to the owner and/or responsible person in charge of the animal for recurrent violations of subsection (a) of this Section within a twelve (12) month period.

C. No person owning or occupying property where an animal is kept shall maintain such property in an unsanitary condition. An accumulation of uneaten food, feces or other matter that emits an offensive odor or encourages insect breeding shall constitute prima facie evidence of an unsanitary condition. This provision shall not prohibit storage of uneaten food, feces or other matter in a closed container prior to disposal.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

A. No owner and/or responsible person in charge of an animal shall permit such animal to stray or run at large upon any public street, sidewalk, school ground, public park, playground, place of public assembly or any other public place, or any unenclosed private lot or other unenclosed private place, or upon any enclosed private place or property without the consent of the owner or person in control thereof. Parkways comprising the area between the street and sidewalk are included as private property for purposes of this Chapter.

B. Any person who finds any animal which has strayed or is running at large upon his own property or any other place contrary to the provisions of this Chapter, may take possession of and hold same, provided, however, that he shall notify the Animal Control Department that he has such animal in his possession within twenty-four (24) hours after securing possession thereof, and give such Animal Control Officer full information in regard to the animal, including a complete description of such animal and license number, if any, and surrender the same to the Animal Control Officer or Department upon demand.

C. No person in the City may lawfully bring his dog out of his premises or property unless:

1. Said dog is restrained by a substantial leash not exceeding six (6) feet in length, and the person is competent to restrain such dog; or

2. Said dog is properly restrained and enclosed in a car, cage or similar enclosure; or

3. Said dog is used for law enforcement purposes or for herding and control of livestock when under immediate command control.

D. Any dog found running at large, running loose or unrestrained may be impounded by the Animal Control Officer for a period of seventy-two (72) hours. Any unclaimed dogs shall then be disposed of in accordance with Section 7.04.030(H).

E. In addition to any penalty imposed as a result of any violation of this Section, there shall be an apprehension fee for all impounded dogs, as set forth in the City's Fee Schedule, which apprehension fee shall be collected prior to release of the impounded dog. Said apprehension fee shall include a penalty amount for second and subsequent apprehensions within any twelve (12) month period.

F. Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by a leash, rope, or chain, the leash, rope, or chain shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal's access to adequate shelter, feed, space and water. Violation of this section constitutes a misdemeanor. This section shall not apply to an animal which is in transit, in a vehicle, or in the immediate control of a person.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

A. It shall be unlawful for any person to keep or allow to be kept, or permit any animal to remain upon the premises under the control of such person, when such animal habitually barks, whines, crows or makes loud or unusual noises in such a manner as to disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking, whining, crowing or other sound interferes with any person of ordinary sensitivity in the reasonable and comfortable enjoyment of life and property. The Animal Control Officer shall promptly investigate or cause to be investigated all complaints that this Section is being violated if such complaints are in writing and contain the signature of the complainant.

B. When the Animal Control Supervisor or his/her enforcement officer(s) and/or inspector(s) determine that an owner and/or responsible person in charge of the animal has violated subsection A. of this Section, such animal control personnel are authorized to:

1. Direct the owner and/or responsible person in charge of the animal to immediately terminate the actions of the animal that are causing the loud noise;

2. Issue a written notice to the owner and/or responsible person in charge of the animal that if, within a twelve (12) month period following the initial response, animal control personnel are again required to respond to the same person for violating Section 7.04.070 of this Code a criminal and/or administrative citation will be issued pursuant to Chapters 1.20 and 7.04 of this Code; and

3. Issue criminal and/or administrative citations to the owner and/or responsible person in charge of the animal for recurrent violations of subsection A. of this Section within a twelve (12) month period.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

No person shall sell, offer or display for sale, barter, or give any live animal to any person on any public street or other public place within the City other than a person maintaining a fixed place of business wherein such animals are sold.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

No person, as principal, agent, employee or otherwise, shall establish or maintain any kennel for breeding purposes, or keep any dog, cat or other animal for breeding purposes with the intent to sell any offspring resulting therefrom, at any place within the City. "Breeding" shall be deemed to have occurred upon the production of offspring, whether such offspring result from sexual activity or artificial insemination, and whether such sexual activity was intentional or the result of improper confinement.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

A. No person shall have, keep, maintain, breed, sell, trade or let for hire, any wild, exotic, dangerous or non-domestic animal without first applying to and receiving special authorization from the State of California, Department of Fish and Game. The keeping or maintenance of such animals shall also conform to the City's Development Code and Municipal Code.

B. The provisions of this Chapter shall not apply to licensed and permitted circuses, carnivals, zoos or other collections of wild animals under jurisdiction of the City, State or Federal government.

C. Exotic Animal Keeping. Animals kept as livestock or pets that are not otherwise addressed by the animal keeping provisions of this Title shall be deemed an "exotic animal." The keeping of exotic livestock or pets shall comply with the following:

1. Exotic animal livestock shall only be permitted in the R1-.5 and DL zones areas;

2. The keeping of exotic pets shall be subject to the following limitations:

a. Licensing Requirements. Exotic pets shall be licensed in the same manner as dogs, pursuant to the provisions of Title 7 of this Code.

b. Veterinary Certification. Prior to licensing of exotic pets, veterinary certification shall be required, stating whether or not the animal is spayed/neutered, that the animal is in good health and has received all necessary vaccinations, and the height and weight of the animal.

c. Outdoor Confinement. Exotic pets shall be provided with a fenced yard designed to assure confinement of the animal when kept out of doors. Such yard areas must be kept in a clean, safe and odor-free condition.

d. Leash Requirement. While on the street, sidewalk or other public place, exotic pets shall be restrained by a harness and leash not longer than six feet in length, or other suitable restraint as deemed appropriate by the Animal Control Supervisor.

D. For the purposes of these provisions, the term "exotic pet" shall include, but not be limited to, the following animals:

1. Pot-bellied pigs, provided that there shall be no more than one pot-bellied pig on any lot or parcel, the animal shall be spayed or neutered, and all male potbellied pigs two (2) years of age or older shall have its tusks removed;

2. Any other such animal not specifically addressed by this Title that, in the opinion of the Animal Control Supervisor, will not pose a risk to the public health, safety or general welfare, or create a public nuisance by reason of generating excessive noise or odor.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

A. Livestock Generally.

1. Running at Large—Distance from Habitation. No person, as owner or the one in control of any ox, steer, bull, cow, heifer, calf, horse, mare, filly, gelding, stallion, colt, jack, jenny, mule, sheep, goat, or hog, shall permit the same, of any thereof, to run at large or pasture, herd, stake, tie or stable any thereof in any of the streets, avenues, places, lanes, alleys, parks, or other public places in the City, or tie, stake, pasture, stable, or otherwise keep any thereof upon any private property in the City so as to permit any thereof to approach nearer than one hundred (100) feet to any building used or occupied or designed for use and occupancy as a residence for human habitation other than such building so occupied by the person owning or having the control of any such animal, and other than such building, the occupant of which continues his or her consent to the closer approach of any such animal. The keeping of livestock shall only be permitted in the R1-.5 and DL zoned areas.

2. Driving in Street. No person, as principal, agent, employee or otherwise, shall drive or conduct along any street, avenue, place, lane, alley, park or other public place any ox, steer, bull, cow, heifer, calf, horse, mare, filly, gelding, stallion, colt, jack, jenny, mule, sheep, goat or hog without having such animal or animals enclosed in some conveyance or tied or otherwise attached to some person or vehicle in such manner that such animal or animals cannot run at large or enter upon private property.

3. Herding on Unenclosed Private Property. No person, as principal, agent, employee, or otherwise, shall herd any of the animals mentioned in this chapter on any unenclosed private property.

4. Authority to Apprehend Livestock—Fees.

a. Any livestock other than bovine animals found running at large in the City shall be apprehended by an Animal Control Officer. The owner of any apprehended livestock shall pay apprehension fees and daily board and care fees prior to recovering the livestock from the Animal Control Officer. Apprehension fees and board and care fees shall be set by Resolution of the Mayor and City Council. Unclaimed livestock may be disposed of by a public sale by sealed bids. The livestock shall be sold to the highest bidder. The Animal Control Supervisor shall determine minimum bid amounts. Unclaimed livestock not disposed of by a public sale by sealed bids may be destroyed after seven (7) calendar days.

b. Any bovine animal found running at large in the City shall be apprehended by the Animal Control Officer. Within five (5) days of the apprehension, the owner of any apprehended bovine animal shall pay apprehension fees and daily board and care fees prior to recovering the bovine animal from Animal Care & Control. Apprehension fees and board and care fees shall be set by Resolution of the Mayor and City Council.

c. Within five (5) days from the date of apprehension, the Animal Control Supervisor shall notify the State Director of Food and Agriculture of any unclaimed bovine animal, horse, mule, or burro, and shall turn over to the State Director of Food and Agriculture any bovine animal, pursuant to the provisions of Food and Agricultural Code §§ 17001, et seq.

5. Minimum Distance from Domestic Water Well. All residential land uses, activities and facilities shall comply with the requirement that animals shall be kept a minimum of one hundred (100) feet from any domestic water well.

6. Ranches. Property used for the commercial breeding, grazing, raising and/or training of animals shall be deemed a "commercial ranch" and shall comply with the following:

a. The site shall contain a minimum of five (5) acres.

b. Where the ranch abuts a residentially zoned property, the site shall be screened from view by a six (6) foot high decorative masonry block wall or other similar view obstructing fence or wall, as approved by the Animal Control Supervisor.

7. Violations. A violation of any of the terms or provisions of this section shall be a misdemeanor, and upon conviction shall be punishable by a criminal and/or administrative citation will be issued pursuant to Chapters 1.20 and 7.04 of this Code.

B. Horses.

1. Stabling of Uncastrated Stallions or Jacks. It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be stabled, pastured or kept, within fifty feet of any property line, any uncastrated stallions or jacks. Any uncastrated stallions or jacks so kept shall be confined by an enclosure with a minimum height of six (6) feet that is constructed in such a manner as to prevent the animal's escape.

2. Removal of Manure. Manure shall be removed from stables or premises every three (3) days or shall be spread at a place which has an area of twenty thousand (20,000) square feet or more in a sanitary manner approved by the San Bernardino County Director of the Department of Public Health (hereinafter referred to as "Health Officer"), his or her designated deputy, or any City employee designated by the Mayor and approved by the Health Officer, or shall be maintained in an approved moisture and fly-proof manner. It shall not be kept within fifty (50) feet of any adjoining property line.

3. Prohibition of Manure Storage Upon the Premises Where Manure is Produced.

a. No person, firm, corporation, including a CFO, shall store manure in piles, stacks or heaps, for more than one hundred twenty (120) days unless prior written approval is obtained from Animal Care & Control. Requests for time extension shall be made in writing to Animal Care & Control and state why an extended period is necessary and the number of days requested.

b. In responding to such requests, Animal Care & Control shall balance the potential hardship to the public and neighboring properties in granting an extension, with the potential hardship to the petitioner in complying with the one hundred twenty (120) day rule.

4. Registration of Horses. Each person, firm or corporation who stables, pastures or keeps, or causes or permits the stabling, pasturing or keeping of, any equine in the City shall register with the Department of Animal Care & Control, and shall provide data concerning the number of equines, the location of such equines and such other relevant information as said Department may require.

C. Hogs.

1. Maintenance. All places where garbage is fed to hogs shall be maintained in a sanitary condition and in accordance with the provisions hereof.

2. Feeding Floors. All garbage fed to hogs shall be upon feeding floors, which feeding floors must be of concrete and so constructed as to permit controlled drainage; such drainage must be to the outside of the pens and not accessible to hogs and must be disposed of in a manner not to create a nuisance. The surface of all feeding floors must be maintained smooth enough to permit efficient cleaning. All feeding floors must have all refuse, garbage, and manure removed at least once daily, after which they must be flushed with water and drained; except, that feeding floors in open lots where brood sows or young shoats only are kept, will be considered as cleaned when they are entirely dry after sweeping.

3. Storage Bins. No vat, bin, or other receptacle for the storage of garbage shall be maintained unless the entire receptacle is above the level of the ground and watertight and so equipped that the same may be washed, scrubbed and drained and all such receptacles must have all garbage removed and be thoroughly washed and cleaned at least once each day when in use.

4. Garbage in Pens. No garbage shall be left in any hog pen or in the vicinity of any hog pen longer than from the day it is received or fed until the next day. No refuse garbage shall be left in any such pen longer than from the day it is received until the next day.

5. Water Troughs. All water troughs for the watering of hogs must be constructed in such manner and so covered as to permit hogs to drink, but to prevent as far as possible, the entry of other than their heads into the water trough. All water troughs must be kept clean and provided with clean water. All water troughs must be connected with efficient drainage and must not be permitted to overflow, except such water troughs as may be located in open lots, where brood sows or young shoats only are maintained. The surface for a radius of at least six (6) feet from all such water troughs must be of concrete or other mire proof material.

6. Hog Wallows. No hog wallows or mire will be permitted in any hog pen or lot, except drain-equipped concrete walls, upon which must be maintained a floating surface of at least one-half (½) inch heavy oil or water in which must be contained a proper percentage of approved disinfectant. All such concrete wallows must have their contents removed and be cleaned frequently enough to maintain clean material in them. Hogs may have access to running streams of water, provided no wallows are maintained adjacent to such streams; and further provided that such access to streams by hogs will not create a menace to public health.

7. Floors. Floors of all houses where hogs may enter, must be of concrete or watertight boarding and must be maintained in a clean condition. The use of clean bedding upon such floors will be permitted.

8. Dead Animals and Animal Refuse. Dead animals or animal refuse, other than garbage as hereinbefore defined, shall not be fed to hogs unless first sterilized by heat.

D. Fowl.

1. Distance from Dwelling. No person shall keep or maintain any live fowl within the City less than fifty (50) feet from any single-family or two-family dwelling or less than one hundred (100) feet from any hotel or dwelling occupied by, or designed for the occupancy of three (3) or more families. The keeping of fowl shall only be permitted in the R1-.5 and DL zoned areas.

2. Dealers Exempt. Nothing contained in this chapter shall be deemed to prohibit the keeping of fowl by regularly licensed dealers for the purpose of sale at their respective places of business. Such animals shall be kept and maintained in a clean and sanitary condition and such dealers shall conform to and abide by the rules and regulations of the health department with reference to the keeping of such animals on the premises of such dealers.

3. Enclosure Sanitation. Wherever live fowl are permitted to be kept or maintained in the City, no person, so keeping or maintaining such fowl, shall fail at any time to keep the coops, pens or yards wherein such fowl are enclosed in a clean and sanitary condition nor shall fail to remove the manure or other debris from such enclosures daily. No person shall fail to conform to and abide by the rules and regulations of the health department with reference to the keeping of such fowl in such enclosures.

4. Domestic Fowl at Large. It is unlawful for any person, firm or corporation having custody or control of any domestic bird or fowl to permit such bird or fowl to be present upon any public street, sidewalk, school ground, public park, playground or any public place, or any unenclosed private property not owned or lawfully possessed by such person, or upon any private property without the consent of the owner or lawful possessor thereof.

5. Impoundment.

a. Food and Water. No person shall impound any live fowl unless provision is made by such person for the proper feeding and the furnishing of water to such fowl at intervals not longer than twelve (12) hours apart.

b. Coop Size. No person shall impound any live fowl in a coop which is less than twice as large in floor space or standing room as the total size of all live fowl which may be impounded therein, and which is not sufficiently high as to permit each fowl impounded therein to stand in a natural erect position.

6. Wing Locking Prohibited. No person handling live fowl shall lock the wings of such fowl.

7. Artificial Coloring Prohibited.

a. No person, by means of any application to or upon the exterior portion thereof or in any other manner, shall dye, artificially color or alter or otherwise change the natural color of any live fowl.

b. No person shall sell, offer or display for sale, barter or give to any person any live fowl, the natural color of which animal has been changed by dyeing, coloring, or any other artificial manner.

c. No person shall sell, offer for sale, barter or give away any chick, duckling, or other fowl under four (4) weeks of age, as pets, toys, premiums or novelties.

d. This section shall not be construed to prohibit the display or sale of chicks, ducklings or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes.

E. Goats.

1. Distance From Dwelling. No person shall keep or maintain any live goat in the City within one hundred (100) feet of any residence or place of habitation. The keeping of goats shall only be permitted in the R1-.5 and DL zoned areas.

2. Enclosure Sanitation. Wherever live goats are permitted to be kept or maintained in the City, no person so keeping or maintaining such goats shall fail at any time to keep the pens, hutches, spaces or other enclosures wherein such goats are enclosed in a clean and sanitary condition or fail to remove the manure or other debris from such enclosures daily. No person shall fail to conform to and abide by the rules and regulations of the health department with reference to the keeping of such goats in such enclosures.

3. Running at Large Prohibited. It is unlawful for any person, firm or corporation having custody or control of any goat to permit such goat to be present upon any public street, sidewalk, school ground, public park, playground or any public place, or any unenclosed private property not owned or lawfully possessed by such person, or upon any private property without the consent of the owner or lawful possessor thereof.

F. Rabbits.

1. Artificial Coloring Prohibited.

a. No person, by means of any application to or upon the exterior portion thereof or in any other manner, shall dye, artificially color or alter or otherwise change the natural color of any live rabbit.

b. No person shall sell, offer or display for sale, barter or give to any person any live rabbit, the natural color of which animal has been changed by dyeing, coloring, or any other artificial manner.

c. No person shall sell, offer for sale, barter or give away any rabbit under two (2) months of age, as pets, toys, premiums or novelties.

d. This section shall not be construed to prohibit the display or sale of rabbits in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes.

2. Enclosure Sanitation. Wherever live rabbits are permitted to be kept or maintained in the City, no person so keeping or maintaining such rabbits shall fail at any time to keep the pens, hutches, spaces or other enclosures wherein such rabbits are enclosed in a clean and sanitary condition or fail to remove the manure or other debris from such enclosures daily. No person shall fail to conform to and abide by the rules and regulations of the health department with reference to the keeping of such rabbits in such enclosures.

3. Running at Large Prohibited. No person, firm or corporation having custody or control of any rabbit may permit such rabbit to be present or to run at large upon any public street, sidewalk, school ground, public park, playground or any public place, or any unenclosed private property not owned or lawfully possessed by such person, or upon any private property without the consent of the owner or lawful possessor thereof.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

No person shall, within the City, conduct or operate any kennel, pet shop, pet grooming parlor, public aquarium, game bird farm, petting zoo, wild animal breeding or boarding facility, animal menagerie or other commercial animal facility without first obtaining an annual permit or license under this Section and business license from the City as required by the Municipal Code. Any such establishment shall also conform to the City zoning and Development Codes and all other applicable City ordinances.

A. Application for a License to Operate. An application for a license to operate a kennel, pet shop, pet grooming parlor, public aquarium, game bird farm, petting zoo, wild animal breeding or boarding facility, animal menagerie or other commercial animal facility shall be made on a form provided by the City.

B. General Regulations. Every person within the City who owns, conducts, manages or operates any animal establishment for which a license is required by this Chapter shall comply with each of the following conditions:

1. Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals;

2. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition;

3. All animals shall be supplied with sufficient good wholesome food and water as often as the feeding habits of the respective animals require and adequate shelter from the elements;

4. Animal buildings and enclosures shall be so constructed and maintained as to prevent the escape of animals;

5. All reasonable precautions shall be taken to protect the public from the animals and animals from the public;

6. Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors; heating and cooling shall be provided as required according to physical needs of the animals;

7. All animal rooms, cages and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein;

8. All animal runs shall be of approved construction and shall be provided with adequate waste and manure disposal and for drainage into an approved sewer or individual sewer disposal installation;

9. Every precaution shall be taken to avoid the production of nuisances and any hazard to the public health as a result of the presence of wild, dangerous and/or exotic animals;

10. Every violation of applicable regulation shall be corrected within a reasonable time to be specified by the Animal Control Officer.

11. Failure of the applicant for said license to comply with any of the foregoing conditions shall be deemed just cause for the denial of any license, whether original or renewal.

C. Expiration of License. Any license issued under this Chapter shall expire at the end of three (3) years or less, depending on the fee paid.

D. Renewal of License. The procedure for the renewal of any license shall be subject to the same conditions and shall be done in the same manner as the issuance of an original license.

E. Inspection. The Animal Control Officer shall have the authority to enter upon any area or premises at any reasonable time to enforce the provisions of this Chapter.

F. Revocation of License or Animal Control Permit.

1. The Animal Control Officer may revoke any license or Animal Control Permit issued pursuant to this Chapter, whenever he determines from an inspection or substantiated complaints that any animal establishment fails to meet all conditions contained in this Chapter or for any other violation of applicable regulations.

2. Any revocation of a license or Animal Control Permit shall be effective until all conditions of this Chapter have been met and complied with to the satisfaction of the Animal Control Officer and written notice of this fact has been given to the licensee. Upon receipt of notice of compliance, the license or Animal Control Permit shall be deemed in full force and in effect for the remainder of the original term for which it was issued.

G. Licenses or Animal Control Permits. Pursuant to this Chapter, licenses and Animal Control Permits shall not be transferable except when original property including animal establishment within such property is sold by owner to another party and provided further that such animal establishment shall remain within the confines of the original property.

[Ord. No. 521, 10/23/13.]

A. In accordance with Section 836.5 of the California Penal Code, the civil and criminal provisions of this Chapter shall be enforced by those persons or agencies designated by municipal authority. It shall be a violation of this Chapter to interfere with the Animal Control Officer in the performance of his duties.

B. In addition to those City employees so designated in Chapter 2.16 of the Municipal Code, the City Council has designated and authorized employees of any public pound, Society for the Prevention of Cruelty to Animals or humane society, who have qualified as humane officers pursuant to Section 14502 of the Corporations Code, and which pound or societies have contracted with the City to provide animal care, control or protection services, to issue notices to appear in court pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code for violations of State or local animal control laws. Except where expressly authorized by State law, said employees are not authorized to take any person into custody even though the person to whom the notice is delivered does not give his or her written promise to appear in court. The authority of said employees hereunder is limited only to the jurisdiction of the City.

C. The City Council has further confirmed, determined and elected (where and to the extent, if any, prescribed or required by law) to direct, authorize and allow its staff and relevant entities/agencies with which it contracts, under general direction of the City Manager, to appropriately exercise their discretion to enforce all applicable State and local laws relating to the control, care and/or treatment of animals.

D. The City Council has further expressed its intent, without invalidating or replacing other provisions of this Title 7, to permit the City’s enforcement staff and relevant entities/agencies with which the City contracts to have the discretion to enforce all State and local laws pertaining to animal control, care and treatment, subject to any limitations imposed by law or by the Constitution of the State of California, by recognizing all applicable laws, and future amendments thereto, pertaining to animal control, care and treatment.

E. Interference with Officers. No person shall conceal or attempt to conceal, remove/retrieve or attempt to remove/retrieve any animal regulated pursuant to Title 7 from the Animal Control Supervisor, or from any other officer authorized to enforce any of the provisions of this Title 7, while engaged in the capture or in conveying to the animal shelter any such animal. No person shall interfere in any manner with said animal control officers in the performance of any duty incident to their office, or conceal or attempt to conceal, remove/retrieve or attempt to remove/retrieve, any animal which has been impounded by said animal control officers in any manner. In addition, it shall be unlawful to remove, damage, or otherwise tamper with any traps, equipment or animal control vehicles belonging to the City.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

A. All animal keeping regulations and animal densities are subject to the limitations shown in Table 7.04.120.A, with the following exceptions: Any dog used for security purposes shall be allowed within the C (General Commercial), CR (Commercial Restricted), ADD (Airport Development District), LM (light Manufacturing) and MI (Manufacturing/Industrial) zone districts so long as it is licensed pursuant to Section 7.04.020.B.

Table 7.04.120.A

1 These uses are permitted subject to compliance with the provisions of Chapter 17.95, Home Occupations.

B. Offspring. The offspring born of such animals which increases the total number upon the premises beyond the numbers permitted shall be removed from the premises no later than thirty (30) days from the wean date. All fowl shall be removed by three (3) months of age, subject to a land use permit from the City.

[Ord. No. 495, 5/12/10; Ord. No. 521, 10/23/13.]

A. Requirement of a License. Every person, firm or corporation engaged in operating, control or management of a commercial kennel as herein defined shall obtain a license from the Animal Control Supervisor, and a land use permit from the City.

B. Regulation.

1. All dogs owned by, under the control of, or in possession of a commercial kennel operator, shall be subject to the provisions of this Chapter upon attaining the age of four (4) months. The Animal Control Officer shall have the power, upon the giving of ten (10) days notice by United States mail to any licensee under this Chapter and an opportunity to be heard, to revoke any license granted to a commercial kennel operator for violation of this Chapter.

2. Boarded dogs in commercial kennels shall be vaccinated and licensed in name of owner. Failure to comply with this requirement shall be considered a violation of this Chapter by the dog owner.

C. Construction.

1. Adequate housing shall be provided for the protection of dogs from the elements.

2. Commercial kennel runs shall be effectively enclosed by suitable fencing such as chain link, smooth concrete block or other suitable fencing material. The exterior area of the premises shall be completely fenced or otherwise enclosed.

3. Outside runs or properly constructed indoor runs shall be provided in all commercial kennels.

a. Boarding commercial kennel runs shall be constructed of concrete or other suitable type nonporous material. The floors shall slope one-fourth (¼) inch per foot to a drain or to a drain way. All such drains shall be properly plumbed, trapped and vented, and shall be connected to an approved underground disposal system which shall consist of a septic tank and seepage pit or leaching line as required by the Health Department. Adequate ventilation must be provided for commercial kennels with indoor runs.

b. Breeding commercial kennel outdoor runs may be constructed of four (4) inch minimum thickness of pea gravel or other suitable aggregate. Indoor runs must be constructed as provided in Subsection C.1. of this Section.

4. Commercial kennels shall not be constructed closer than one hundred (100) feet from any structure on adjacent property used for human habitation nor closer than forty (40) feet to any dwelling on the premises, except that of the owner/operator's home.

5. Provisions shall be made in boarding and breeding commercial kennels for the separation of commercial kennel-owned dogs from those owned by other persons.

D. Operation.

1. All breeding stock dogs four (4) months of age or older owned by the commercial kennel shall be currently vaccinated against rabies with chick embryo modified live virus rabies vaccine.

2. Dogs owned by the commercial kennel operator which are allowed outside the confines of the commercial kennels shall be individually vaccinated and shall have a current dog license attached to the collar.

3. All commercial kennels, runs, buildings and other equipment and facilities used for the care of dogs shall be cleaned daily and shall be disinfected as necessary to prevent the spread of disease. Boarding commercial kennels shall disinfect all facilities used in the care of dogs between each separate usage.

4. All droppings shall be removed from the commercial kennel daily. Soiled papers and bedding material shall be removed from the commercial kennel as frequently as necessary to maintain the commercial kennel in a clean, sanitary manner. All such waste material shall be disposed of in a manner satisfactory to the Animal Control Officer.

5. It is a violation of this Chapter to sell, give away, release or otherwise dispose of an animal except for euthanasia, which has or is suspected of having or has been exposed to any contagious or infectious disease transmissible to other animals or to man. All such diseases shall be reported to the Animal Control Officer or public health veterinarian.

6. Adequate provisions shall be made for the disposal of dead animals which shall be satisfactory to the Animal Control Officer.

7. All dogs upon reaching the age of four (4) months shall be vaccinated against rabies as provided herein, and when sold, the purchaser shall be provided with a copy of the "certificate of vaccination" issued by the veterinarian and shall be advised to secure a dog license tag within thirty (30) days from date of purchase.

8. The requirements of this Section shall also apply to humane societies and pet shops.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

A. Provisions Supplement Laws. This Chapter shall in all respects be construed to supplement and harmonize with the provisions of laws of the State of California pertaining to bees and the beekeeping industry.

B. Location of Apiaries.

1. Apiaries shall be permitted in the DL zone districts subject to the requirements of this Section.

2. Apiaries and their water supply shall be placed a minimum of one hundred (100) feet from any property line and a minimum of five hundred (500) feet from any street, road or highway, any public school, park, established bus or transportation stop or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary.

3. All apiaries owned or kept within the City near school yards or places where people congregate shall be located and maintained behind barriers (natural or otherwise) to cause bees to fly at a high altitude over such school yard or place where people congregate.

C. Number of Hives Allowed. A maximum of eight (8) bee hives per two and one-half (2-1/2) acres is allowed.

D. Water Supply. Prior to locating or maintaining any apiary, a plentiful supply of fresh water must be furnished and kept available to such apiary at all times, unless an apiary is so located that the closest supply of water is an isolated stream or reservoir where water is available to such bees and all other sources of water at locations where people or animals remain are farther from the apiary than the stream or reservoir. If no such stream or reservoir is available to the bees, the owner or person in possession of said apiary shall cause to be placed and maintained a watering place within one hundred (100) yards of the apiary.

E. Abatement of Public Nuisance. No apiary shall be maintained or allowed to remain in any particular location in the City but shall be moved to another location when the Animal Control Officer determines that there are substantial numbers of bees from such apiary which are entering land other than where such apiary is situated and are causing a public nuisance to the extent that the health, safety or welfare of the public is endangered or causing property damage through such violation. The Animal Control Officer shall serve a written notice of the violation to the apiary owner or person in possession of the apiary requiring removal of the apiary within forty-eight (48) hours from the time the notice is served, all as provided in Section 7.04.150.

[Ord. No. 521, 10/23/13.]

A. Requirement of a License. Every person, firm or corporation engaged in operating, control or management of a commercial cattery as defined shall obtain a permit from the Animal Control Supervisor, and a land use permit from the City.

B. Construction, Operation and Maintenance.

1. All cats shall be confined and not allowed to run at large.

2. Adequate housing shall be provided for the protection of cats from the elements.

3. The building within which cats are to be housed shall be provided with adequate ventilation and lighting and shall be constructed so as to be easily kept clean and sanitary at all times. Adequate ventilation shall be that which minimizes drafts, avoids offensive odors and prevents moisture condensation. Cat odors shall not be allowed to persist inside the building.

4. Adequate heating shall be provided for in the winter.

5. Cat cages shall be within an enclosed building and shall be of suitable construction, e.g., fiberglass or stainless steel or other material that will prevent the escape of the animal through destruction of material of which the cage is made of and at the same time permits easy cleaning. The minimum floor space of each cage shall be three (3) square feet for each adult cat. Each cage shall be at least two (2) feet in height. No more than two (2) adult cats used for breeding shall be placed inside each cage.

6. Inside runs shall be so constructed that a minimum space of three (3) square feet is provided per cat, and that the maximum number of cats to be housed in each pen shall not exceed five (5). Wire netting used between pens shall be such that the cats cannot put their paws through the wire netting spaces. If dividers are of solid construction, this shall be of uniform material and make. Enclosures shall be constructed so as to enable the animals to remain dry and clean.

7. Each pen shall be provided with a cat scratching post.

8. Cat resting or sleeping shelves shall be provided.

9. All cats shall be provided with sufficient clean litter to contain excreta, and these shall be disposed of daily in a manner approved by the Animal Control Officer. Adequate provision shall be made for the disposal of dead animals which shall be satisfactory to the Animal Control Officer.

10. Boarded cats shall be caged or penned individually and separated by a floor to ceiling solid partition, unless they belong to the same owner, in which case they may stay together, provided there is adequate space.

11. The operator of every commercial cattery shall be responsible to take the appropriate preventive measures to preclude outbreaks of infectious and contagious diseases as well as external parasites among the cats.

12. Adequate disinfection shall be provided. Beddings shall be cleaned and laundered at the end of each boarding period prior to use by another cat.

13. Provisions shall be made for convenient access to clean food and water. Food and water containers shall be kept clean and sanitary. Animal feed shall be properly stored and protected from contamination and vermin infestation.

C. Commercial Catteries Operated Along with Dog Kennels. Commercial catteries in operation prior to adoption of this Chapter, whether operated in conjunction with a dog kennel or not, shall be subject to the provisions of these regulations immediately upon adoption of this Chapter.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

A. Misdemeanor Violation. No person shall commit, cause or maintain a violation of any provision or fail to comply with any of the requirements of this Chapter. Unless a different penalty is prescribed for violation of a specific provision of this Chapter, or is otherwise required by law, every act prohibited or declared unlawful and every failure to perform an act made mandatory by this Chapter, is punishable as a misdemeanor. Every misdemeanor offense is punishable by imprisonment in the City or County jail for a period not exceeding six (6) months or by fine not exceeding one thousand dollars ($1,000.00), or by both, provided that where the City Attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense shall be an infraction.

B. Infraction Violation. Except as otherwise prescribed elsewhere in this Chapter, every offense specifically declared to be or charged as an infraction is punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one (1) year, and a fine not exceeding five hundred dollars ($500.00) for each additional infraction violation of the same provision within one (1) year. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him/her, unless he/she is arrested and not released on his/her written promise to appear, his/her own recognizance or a deposit of bail. However, any person who has previously been convicted two (2) or more times during any twelve (12) month period for any violation of this Chapter for a crime made punishable as an infraction shall be charged with a misdemeanor upon the third violation.

C. Obligation to Correct the Condition. Payment of any penalty herein provided shall not relieve a person, firm, corporation or any other entity from the responsibility of correcting the condition resulting from the violation.

D. Separate Offense. Each person committing, causing or maintaining a violation of this Chapter or failing to comply with the requirements set forth herein shall be deemed guilty of a separate offense for each; and every day during any portion of which any violation of any provision of this Chapter is committed, continued, maintained or permitted by such person and shall be punishable accordingly.

E. Civil Remedies Available; Remedies Cumulative. In addition to the penalties provided in ths Section, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall constitute a public nuisance and may be abated by the City by civil process by means of a restraining order, preliminary or permanent injunction or in any manner provided by law for the abatement of such nuisance. All remedies herein are cumulative and non-exclusive.

F. Administrative Citation. In lieu of issuing an infraction citation, the City may issue an administrative citation pursuant to an ordinance adopted by the City, to any person responsible for committing, causing or maintaining a violation of this Chapter. Nothing in this Section shall preclude the City from also issuing a citation upon the occurrence of the same offense on a separate day.

G. Administrative Fine. Any person issued an administrative citation pursuant to this Chapter shall for each separate violation be subject to: (1) an administrative fine in an amount not to exceed one hundred dollars ($100.00) for the first citation; (2) an administrative fine in an amount not to exceed two hundred fifty dollars ($250.00) for a second citation issued for the same offense within a twelve (12) month period of the date of the first offense; and (3) a fine in an amount not to exceed five hundred dollars ($500.00) for a third and any subsequent citation issued for the same offense within a twelve (12) month period of the date of the first offense.

H. Modification, Suspension and/or Revocation of Validly Issued City Permit and/or City License. Except as otherwise provided by this Chapter, a violation of any provision of this Chapter by the holder of a validly issued City permit and/or City license shall constitute grounds for modification, suspension and/or revocation of said permit and/or license.

I. Additional Penalties; Costs of Abatement. Nothing in this Chapter shall preclude the City from pursuing the remedies made applicable hereto elsewhere in this Municipal Code or under State law, including but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of a stop work order and injunctive relief. In any administrative or criminal proceeding involving the abatement of a public nuisance, the City shall also be entitled to recover its full reasonable costs of abatement, including, but not limited to, investigation, analysis and prosecuting the enforcement against the guilty party, upon submission of proof of such cost by the City.

J. Public Nuisance Remedies. The prevailing party in any proceeding associated with the abatement of a public nuisance as provided herein or in this Title 7 of the Municipal Code, shall be entitled to recovery of attorneys’ fees incurred in any such proceeding, where the City has elected, at the initiation of that individual action or proceeding to seek recovery of its own attorneys’ fees. In no action, administrative proceeding or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.

[Ord. No. 521, 10/23/13.]

Any violation of Sections 7.04.020 through 7.04.100 and 7.04.125 through 7.04.135 of this Chapter shall constitute a public nuisance and shall be abated by licensing, removal, containment, restraint, spaying or neutering, or maintaining a healthy environment pursuant to the procedures set forth in this Chapter. The procedures for abatement set forth in this Chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing any City ordinances or abating public nuisances in any other manner provided by law.

[Ord. No. 521, 10/23/13.]

Whenever the City Manager or his or her designee determines that any animal within the City is being maintained contrary to one (1) or more of the provisions of this Chapter, written Notice to Appear or Notice of Violation may be delivered to the animal owner or the person in responsible charge of the animal, identifying the violation(s) and Section(s) being violated. Such notice shall set forth the administrative penalty or penalties and methods of correcting the violation(s). Such notice shall be served upon the animal owner or the person in responsible charge of the animal in person, by mail, or by clearly posting the notice on the property in a conspicuous location. The administrative penalty or penalties described in this Section shall be the same sum(s) as set forth in Section 7.04.140 of this Chapter for conviction(s) of infractions(s), including attorneys' fees and costs of abatement. If an appeal from the Notice to Appear is not filed within the time described in Section 7.04.160 of this Chapter, then the existence of the violation(s) described in the Notice to Appear or Notice of Violation shall be conclusively established as a public nuisance and shall be abated in the manner described in said notice and in Section 7.04.190 of this Chapter, and any administrative fine(s) set forth in said notice, including attorneys' fees and costs, shall thereupon be due and payable.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

A. The animal owner or the responsible person in charge of the animal may contest the Notice to Appear through a Hearing Officer, who shall be the City Manager or his or her designee, by paying the penalty amount listed on the Notice of Violation or similar document, and by filing a written appeal with the City Manager or designee within thirty (30) calendar days from the date the Notice to Appear was mailed or delivered. The appeal request shall contain:

• 1. A specific identification number of the subject Notice to Appear.
• 2. The name and address of the appellant.
• 3. A statement of appellant's legal interest in the animal.

4. A statement in ordinary and concise language of the specific(s) or action protested and the grounds for contesting the citation, together with all material facts in support thereof.

5. The date and signatures of the appellant.

B. As soon as practical after receiving the notice appealing the Notice to Appear, the City Manager or designee, who shall act as a Hearing Officer, shall set a date for the appeal to be heard, which shall not be less than seven (7) calendar days nor more than ninety (90) calendar days from the date the notice of appeal was filed. The Hearing Officer shall give each appellant written notice of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his/her address shown on the Notice to Appear. Continuances of the hearing may be granted by the Hearing Officer on request of the appellant for good cause shown or on the Hearing Officer's motion.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

Upon the conclusion of the hearing, the Hearing Officer shall determine whether the animal, as maintained, constitutes a public nuisance. If the Hearing Officer so finds, the Hearing Officer shall declare such animal to be a public nuisance setting forth his/her finding and ordering the abatement of the same by having such animal licensed, removed, confined, restrained, spayed or neutered, and/or maintained in a healthy environment, as may be appropriate. The decision of the Hearing Officer may also uphold the administrative fine(s) and costs set forth in the Notice to Appear or change the amount of the fine(s) or eliminate the fine(s) if no violation is found to exist or to increase the costs as appropriate. In the event the fine(s) is eliminated, the appellant shall be entitled to refund of the appeal fee. The decision of the Hearing Officer shall be final.

[Ord. No. 521, 10/23/13.]

A. All hearings shall be tape recorded.

B. The hearing need not be conducted according to the technical rules of evidence.

C. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

D. Oral evidence shall be taken only on oath or affirmation.

E. Irrelevant and unduly repetitious evidence shall be excluded.

[Ord. No. 521, 10/23/13.]

Whenever the animal owner or responsible party fails to file a timely appeal or fails to pay the penalty or penalties and/or correct the violation described in Section 7.04.140 within thirty (30) days of the issuance of a Notice to Appear, in addition to any other rights and remedies available to the City, prosecution of the violation may be initiated.

[Ord. No. 500, 9/8/10; Ord. No. 521, 10/23/13.]

Pursuant to the procedures set forth in Chapter 1.22 of this Code, the City is entitled to seek recovery of all nuisance abatement costs incurred in connection with any action taken to abate any violation or public nuisance under this Chapter.

[Ord. No. 521, 10/23/13; Ord. No. 568, Section 8, 5/10/17.]