Chapter 15.01 — ANIMAL CONTROL

The following words, terms and phrases, when used in this Chapter, Chapter 15.02 or Chapter 15.03, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a)

Adequate food. Enough food so as to prevent emaciation, starvation, or obesity. Suitable for consumption by animals.

(b)

Animal. Any mammal, poultry, bird, reptile, fish or any other dumb creature.

(c)

Animal at large. Any animal off the premises of the owner and/or not under the restraint of a person capable of controlling the animal, except dogs used for law enforcement purposes or for herding and control of livestock when under immediate command control.

(d)

Animal menagerie. 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.

(e)

Animal shelter. Any facility operated by a humane society, or municipal agency or its authorized agents, for the purpose of impounding animals under the authority of this Chapter or State law for care, confinement, return to owner, adoption, or euthanasia.

(f)

Animal Control Officer or Humane Officer. Any person designated by the Town of Apple Valley as a Law Enforcement Officer who is qualified to perform such duties under the laws of the State of California.

(g)

Assistance dog. Are dogs specially trained and certified as guide dogs, signal dogs or service dogs.

(h)

Circus. A commercial variety show featuring animal acts for public entertainment.

(i)

Commercial animal establishment. Any pet shop, grooming shop, guard dog auction, riding school or stable, zoological park, circus, performing animal exhibition, or boarding or breeding kennel open to the general public. This definition does not apply to privately owned, not-for-hire ranches.

(j)

Commercial horticulture. The growing of fruits, vegetables, flowers and ornamental plants for sale.

(k)

Domestic animal. An animal which has historically and commonly been tamed for the use of man (e.g., horses, cows, sheep, dogs, pigs and cats).

(l)

Exotic animal. Any animal belonging by nature or origin to another part of the world; foreign; strangely different and fascinating.

(m)

Guard dog. Any dog used for the purpose of guard duty.

(n)

Household pets. Small, tamed, domestic animals housed and maintained inside a residence.

(o)

Guide dog. Are dogs specially trained and certified as service dogs, signal dogs or assistance dogs.

(p)

Kennel or cattery. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.

(q)

Livestock. Domestic farm animals.

(r)

Minor. Not of legal age, or under 18 years old.

(s)

Owner. Any person who owns, keeps, or harbors one or more animals. An animal is deemed to be harbored if it is fed or sheltered for five or more consecutive days. Person includes any person, firm, partnership, corporation, trust, and any association of persons.

(t)

Potable water. Water suitable for consumption by an animal.

(u)

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)

Unspayed female in estrus left so as to attract stray males.

(v)

Responsible person. Owner, person, individual, over 18 year old having control, custody, care, in charge of, or living at dog or animal's residence.

(w)

Shelter. Adequate protection from the elements. That which covers, shields, or protects from inclement or adverse weather.

(x)

Small domestic animal. Mice, rats, hamsters, guinea pigs, turtles, snakes, tropical fish, canaries, parrots, parakeets and other similar animals commonly sold in pet stores and kept as household pets.

(y)

Service dog. Are dogs specially trained and certified as guide dogs, signal dogs or assistance dogs.

(z)

Tethering. Restraining an animal with the use of a rope, chain, or other device and attaching to a stationary object.

(aa)

Weaned age. Animals that are accustomed to food other than mothers' milk. Fowl are considered to be weaned at two months of age.

(bb)

Wild animal. 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.

(Ord. 213, 9-28-99)

(a)

It shall be unlawful for any person to keep, harbor, or have custody of any dog over four months of age within the Town of Apple Valley without such dog having a current, valid license tag issued by the Town. 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 Town sponsored low-cost clinic.

(b)

Licensing guard dogs. While a dog is being used as a guard dog within Apple Valley, it must have an Apple Valley 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)

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 antirabies clinic showing a current vaccination, shall be made to the licensing authority.

(d)

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

(e)

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

(f)

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

(g)

Dogs must wear identification tags or collars at all times when off the premises of the owners.

(h)

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)

The licensing period shall run concurrently with the rabies vaccination certificate.

(j)

License fees. Each application for a license shall be accompanied by a license fee as specified in the Town of Apple Valley Fee Schedule, provided such license is obtained:

(1)

Within 30 days of the expiration date of the current license;

(2)

Within 30 days after said dog attains the age of four months;

(3)

Within 30 days after purchase or obtaining control, care or custody of a dog which previously attained the age of four 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 30 days of establishing residency. The owner may transfer the dog license from another jurisdiction to the Town of Apple Valley.

(k)

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

(l)

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 Town of Apple Valley Fee Schedule in addition to the regular license fee.

(m)

Renewal of license. Each Apple Valley dog license shall be valid for a period of one, two or three years from the date of issuance, depending on the fee paid, and shall be renewed prior to expiration or within a period of 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.

(n)

Duplicate license tag. When the original license tag is lost, a duplicate tag shall be obtained upon submission to the Animal Control Office such proof as may be required. The cost of each duplicate tag shall be as specified in the Town of Apple Valley Fee Schedule.

(o)

Wearing of tag. It shall be the responsibility of every Apple Valley 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.

(p)

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.

(q)

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 Apple Valley license tag for the current year or remove such tag therefrom.

(r)

Transfer of ownership. If, during the licensing year, a licensed dog in the Town of Apple Valley is sold or title to the dog is otherwise transferred to a Town of Apple Valley resident, such new owner may apply to the Town for a transfer of such dog's license and pay a transfer fee as specified in the Apple Valley 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. 213, 9-28-99)

(a)

Animal Control Officers, Humane Officers, Police Officers, the Town Manager and any person designated for that purpose by the Town Manager of Apple Valley are hereby authorized and empowered to:

(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 the Officer or a licensed veterinarian, such destruction is necessary and humane; 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 Chapter and of the laws of the State of California relating to dogs or other animals.

(b)

The 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.

(2)

It is an unlicensed vicious dog or other animal.

(c)

Any Officer having in his or her custody any unlicensed, impounded dog or other animal not suffering from any infectious or communicable disease may release the same to any adult person who will pay the pound fees and charges as specified in the Town of Apple Valley Fee Schedule.

(d)

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

(e)

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

(f)

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

(g)

Disposition of impounded animals.

(1)

An impounded dog or other animal may be redeemed by payment of a specified pound 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 months which has been impounded shall not be released from the pound or any shelter which is under contract with the Town of Apple Valley, unless it is first licensed in accordance with the provisions of this Chapter.

(3)

Any 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 five days or 120 hours after notice has been given, the Shelter or Animal Control Department shall dispose of such dog in accordance with the provisions of this Chapter.

(h)

Sterilization.

(1)

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 deposit of not less than $40.00 nor more than $75.00 must be collected at the time of adoption. The dog or cat must then be sterilized within 14 days after being released from the veterinarian. If the adopter presents proof of sterilization within 30 business days of obtaining the proof, the adopter shall receive a full refund of the deposit.

(2)

All dogs, cats, and pot-bellied pigs kept in excess of the number allowed per Table 15.01.125A, and permitted with an Animal Control Permit, must be sterilized within 30 days from the date of the assigned permit number.

(i)

Record of impounded animals. Each Officer, or any other duly authorized person, shall keep a record of all animals impounded by him or 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. 213, 9-28-99)

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 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.

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 or her own, without proper authorization from the Town of Apple Valley.

Any domestic animal owner or person in responsible charge of any domestic animal shall provide potable water, adequate food and shelter for said animal. The shelter shall be constructed of new, refurbished, or treated wood, durable plastic or other material sufficient to block wind, rain, hail, sleet, or snow. The shelter shall provide sufficient shade from the sun and heat. The shelter shall be constructed in such a manner as to not cause injury.

It shall be unlawful for any dog owner or person in responsible charge of any dog to tether said dog for longer than three hours in a 24-hour period, or a time that is otherwise approved by Animal Control. No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained to a dog house, tree, fence, or any other stationary object. A dog may be attached to a running line, pulley, or trolley system. A dog may not be tethered by means of a choke collar or pinch collar.

A person may tether, fasten, chain, or tie a dog while engaged in camping or recreational activities, or completing a temporary task that requires the dog to be restrained, or engaged in an activity that is conducted pursuant to a valid license issued by the State of California if the activity for which the license is issued is associated with the use or presence of a dog. A dog may be tethered, fastened, chained, or tied while actively engaged in shepherding or herding cattle or livestock, or cultivating agricultural products.

It shall be unlawful for any owner or person in responsible charge of any animal to allow said animal to deposit solid waste matter on any improved or unimproved property other than that of the animal owner, unless the animal owner or responsible person in charge of the animal immediately picks up the solid waste. Any solid waste deposited on a dog owner's property must be picked up and otherwise properly disposed of every 72 hours. All other animal solid waste must be picked up and disposed of properly once every seven days. This Section shall not apply to trails and/or Town rights-of-way.

(a)

No person in Apple Valley, owning or having control of any animal, shall permit such animal to stray or run at large upon any public street, sidewalk, schoolground, public park, playground, place of public assembly or any other public place, or any un-enclosed private lot or other un-enclosed private place, or upon any private place or property without the consent of the owner or person in control thereof. Parkways comprising the area between the street and sidewalk shall be 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 or her own property or any other place contrary to the provisions of this Chapter, may take possession of and hold same; provided, however, that he or she shall notify the Animal Control Office that he or she has such animal in his or her possession within 24 hours after securing possession thereof, and give such 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 Apple Valley may lawfully bring his or her dog out of his or her premises or property unless:

(1)

Said dog is restrained by a substantial leash not to exceed six ft. in length and is in the charge of a person 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 in accordance with Food and Agriculture Code § 31108. Any unclaimed dogs shall then be disposed of in accordance with this Chapter.

(e)

There shall be a reclaiming fee for all impounded dogs, as set forth in the Town of Apple Valley Fee Schedule.

(Ord. 213, 9-28-99)

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.

It shall be unlawful for any person in Apple Valley to permit any female dog owned, harbored or controlled by him, when such dog is in heat or in season or breeding condition, to be unconfined in a manner that attracts stray male dogs.

Any dog or cat adopted from Town of Apple Valley Animal Shelter shall be spayed or neutered at the time of adoption. If a veterinarian licensed to practice veterinary medicine in this State certifies that a dog or cat is too sick or injured to be spayed or neutered, or that it would be otherwise detrimental to the health of the dog or cat to be spayed or neutered, the adopter or purchaser shall pay a deposit not more than stated in Food and Agricultural Code § 30503 - Spay/Neuter of Dogs, and Food and Agricultural Code § 31751.3 - Cats: Spay/Neuter Deposit Required. The deposit shall be temporary, and shall only be retained until the

dog or cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this State. The dog or cat shall be spayed or neutered within 14 business days of said certification. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. If the adopter or purchaser presents proof of spaying or neutering to Town of Apple Valley Animal Shelter within 30 business days of obtaining proof, the adopter or purchaser shall receive a full refund of the deposit. If the adopter or purchaser fails to have the dog or cat spayed or neutered within 14 business days of the dog or cat being certified healthy by a veterinarian licensed to practice veterinary medicine in this State, or fails to provide proof of continued illness or injury within six months of said adoption, the dog or cat may be impounded by Town of Apple Valley Animal Control Officers and/or a citation fee not to exceed Municipal Code Section 1.01.200(e) shall be written.

No person shall have, keep, maintain, breed, sell, trade or let for hire, any wild, exotic, dangerous or nondomestic 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 Town Development Code and Town Municipal Code.

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

No person shall, within the Town of Apple Valley, 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, excessive animal keeping and/or raising, or other commercial animal facility without first obtaining an annual permit or license under this Section and business license from the Town of Apple Valley as required under Chapter 5.02 of the Municipal Code. Any such establishment shall also conform to the Town Development Code, and all other applicable Town 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 Town.

(b)

General regulations. Every person within the Town of Apple Valley 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 as often as the feeding habits of the respective animals require; access to potable water at all times; and access to adequate shelter at all times to protect 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)

Dogs shall not be tethered, fastened, chained, tied or otherwise restrained to a dog house, tree, fence, or any other stationary object longer than three hours in a 24-hour period or a time that is otherwise approved by Animal Control. A running line, pulley or trolley system may be used. A dog may not be tethered by means of a choke collar or pinch collar;

(10)

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;

(11)

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

(12)

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 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. The Animal Control Officer shall inspect the animal establishment annually. The Animal Control Officer shall investigate a complaint of any animal establishment. The Animal Control Officer or Hearing Officer may revoke any license or Animal Control Permit issued pursuant to this Chapter, whenever he or she shall determine 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.

Any revocation of a license or Animal Control Permit may be permanent or temporary. Upon reinstatement, the license or permit shall be 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.

(h)

Administrative hearing. Upon suspicion or report of an animal license or permit violation, the Town of Apple Valley shall initiate an administrative hearing. The Hearing Officer shall hear and consider all relevant evidence, objections, or portents, and shall receive testimony under oath. The Hearing Officer may assess the owner or property owner for any costs of administration incurred by the Town of Apple Valley. The decision of the Hearing Officer shall be final.

(Ord. 213, 9-28-99)

In accordance with Penal Code § 836.5, 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 or her duties.

(a)

All animal keeping and animal density is subject to limitations shown in Table 15.01.125A.

Table 15.01.125A

TYPE OF USE DISTRICT R-VLD R-A R-LD R-E R-EQ R-SF R-M PRD

  1  These uses are permitted subject to compliance with the provisions of Section 9.03.0600, Home Occupation Permits.

  2  Maximum permitted per unit. Pot belly pigs are not permitted in the RM district.

  3  Female or neutered male pot belly pigs are permitted in accordance with Section 9.29.030.c of the Apple Valley Development Code.

  4  Excess of four, not to exceed a combined total of eight dogs and cats, requires an Animal Control Permit and that all animals be spayed or neutered.

  5  Except peafowl are permitted only in R-A.

  6  Uses permitted in a PRD development shall be consistent with the approved PRD. Uses not prescribed by an approved PRD shall be consistent with RSF within the Town Municipal Code.

(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 30 days from the wean date. All fowl shall be removed by three months of age.

(c)

Animal Control Permit. Dogs and cats may be kept in excess of the number and distribution permitted by Table 15.01.125A by applying to the Animal Control Department for the required permit.

(d)

Bee hives. Bee hives shall be permitted in the R-VLD, R-A, and R-LD zoning districts on lots of two and one-half acres or larger subject to the requirements of this Section. All bee keeping shall be subject to the following requirements:

Bee hives and their water source shall be placed a minimum of 100 ft. from any property line and a minimum of 400 ft. 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;

A continuous fresh water source shall be provided on-site prior to the installation of the bee hives; and

A maximum of eight bee hives per two and one-half acres is allowed.

(e)

4-H/FFA animal raising and/or keeping. 4-H and/or FFA animal raising and/or keeping shall be permitted in accordance with the animal limitations in Table 15.01.125A. A signed application shall be submitted to the Town of Apple Valley by the animal owner or keeper. An Animal Control Officer shall inspect said property and written approval granted prior to the acquisition of a 4-H and/or FFA animal.

Infraction. Any person violating any provisions of this Chapter shall be guilty of an infraction and upon conviction thereof shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code.

(Ord. 156, 11-14-95)

Any violation of Chapter 15.01, Chapter 15.02 or Chapter 15.03 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 Town from enforcing any Town ordinances or abating public nuisances in any other manner provided by law.

Whenever the Town Manager or his or her designee determines that any animal within the Town is being maintained contrary to one 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 or by mail. The administrative penalty or penalties described in this Section shall be the same sum(s) as described in Section 1.01.230(b) of the Town of Apple Valley Municipal Code for conviction(s) of infraction(s). If an appeal from the Notice to Appear is not filed within the time described in Section 15.01.160 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 15.01.150 of this Chapter, and any administrative fine(s) set forth in said notice shall thereupon be due and payable.

(a)

The animal owner or the responsible person in charge of the animal may contest the Notice to Appear through a Town of Apple Valley Hearing Officer, who shall be the Town Manager or his or her designee, by paying an appeal fee, which shall be the sum(s) described in Section 15.01.155, and by filing a written appeal with the Town Manager or designee within 21 calendar days from the date the Notice to Appear was mailed or delivered. The appeal request shall contain:

A specific identification number of the subject Notice to Appear.

The name and address of the appellant.

A statement of appellant's legal interest in the animal.

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.

The date and signatures of the appellant.

(b)

As soon as practical after receiving the notice appealing the Notice to Appear, the Town 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 calendar days nor more than 30 calendar days from the date the notice of appeal was filed. The Hearing Officer shall give each appellant a written notice of the time and the place of the hearing at least five 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.

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) 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. 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.

(a)

All hearings shall be tape recorded.

(b)

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.

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 15.01.155 within 21 days of the issuance of a Notice to Appear, in addition to any other rights and remedies available to the Town, prosecution of the violation may be initiated and/or completed in the municipal court.

In the event the Town incurs attorney fees in any action or proceeding to abate a nuisance under Title 15 or under any other ordinance or title of the Town of Apple Valley Municipal Code, pursuant to Government Code § 38773.5, attorney fees are recoverable by the prevailing party, in those actions or proceedings in which the Town elects, at the initiation of the action or proceeding, to seek recovery of its own attorney fees.

When the costs and/or fine(s) incurred and assessed become final, and if unpaid, a lien may be placed upon the owner's or keeper's real property where the animal was maintained. The Town Council shall affirm such assessment and cause same to be recorded on the assessment roll. Such assessment shall constitute a special assessment against and a lien upon the property. Said assessment shall be levied and collected in accordance with Government Code § 38773.5 and with the applicable provisions of Chapter 6.30 of the Town of Apple Valley Municipal Code.

In addition to any other rights or remedies the Town may have to collect any fines, fees or debts which are owing under this Title, said sum or sums shall constitute a civil debt to the Town, and the Town shall have the right to file a civil action and seek and judgment therefor which may include all costs incurred by the Town in prosecuting said action.

(Ord. 388, 10-28-08)