Arcadia Municipal Code § 4139.2 Complaint

The keeping of birds or animals including household pets, except as otherwise prohibited by any provision of this Code, is hereby declared to be only permissive and to be at all times subject to the continuing regulation and control by the City. In no event shall any bird or animal be kept or maintained by any person at any location or in any manner or quantities so as to unreasonably disrupt or disturb the peace and quiet of any person or to interfere with the reasonable use of property or enjoyment of life by any person, or unreasonably to cause damage, destruction, detriment or impairment to public or private property or to the value thereof, or to cause unreasonable annoyance or disturbance to any other person or persons or to unreasonably cause offense to the senses of another person or persons, or to jeopardize or impair the mental or physical health of any other person or persons by reason of noise, odor, filth, vermin or other causes.

When a complaint has been made to the Chief of Police by any three or more persons that one or more birds or animals are being kept in such a location, in such quantities or in such a manner as to unreasonably disrupt or disturb the peace and quiet of any person or to interfere with the reasonable use of property or enjoyment of life by any person, or unreasonably to cause damage, destruction, detriment or impairment to public or private property or to the value thereof, or to cause unreasonable annoyance or disturbance to any other person or persons or to unreasonably cause offense to the senses of another person or persons, or to jeopardize or impair the mental or physical health of any other person or persons by reason of noise, odor, filth, vermin or other causes, the Chief of Police may cause an investigation of such complaint to be made.

If from such investigation the Chief of Police determines that the keeping of one or more animals or birds in the location, manner or quantity unreasonably causes any offense to another person or persons described in the preceding Section, the Chief of Police shall notify the person owning, maintaining or in charge of the same that in his opinion such keeping or maintaining of birds or animals constitutes a nuisance, advising the person as to what manner, location or quantity the same may be kept without constituting a nuisance and notifying such person that unless the location, quantity or manner of keeping such birds or animals is within ten days after such notice altered to conform to the Chief of Police's recommendation that the Chief of Police shall hold a public hearing to determine whether or not to declare such keeping of animals or birds to be a nuisance as hereinafter provided.

If within ten days after notice from the Chief of Police, the location, manner of keeping or quantity of birds or animals is not altered or discontinued so as to conform with the recommendations of the Chief of Police, the Chief of Police shall fix a time, date and place for a public hearing to be held on the matter of such complaint, investigation, report and recommendation. Notice of the date, time, place and purpose of such hearing shall be given by registered mail to all complainants and to the person owning, maintaining or in charge of the birds or animals with respect to which complaint was made. In addition, a copy of such notice shall be personally served upon the person owning, maintaining or in charge of the birds or animals complained of if he can be found within the City, and if he cannot be so found, then a copy thereof shall be posted in a conspicuous place upon the premises at which such birds or animals are kept or maintained. The giving of notice as herein prescribed shall be completed at least ten days prior to the time fixed for such public hearing.

At such hearing, the Chief of Police shall receive and consider the complaint, reports, and all relevant testimony concerning the keeping or maintaining of birds and animals complained of. The person owning, keeping or maintaining birds and animals shall be entitled to be represented by counsel, to produce witnesses and testimony in support of the propriety of the keeping or maintaining of such birds and animals. Any such hearing may be continued from time to time.

Within fifteen (15) days after the conclusion of any such hearing, the Chief of Police shall issue findings of fact and determine from the evidence presented whether or not the keeping or maintaining of birds or animals in the manner, location or quantity complained of constitutes a nuisance. If he determines that such keeping or maintaining is a nuisance, he shall likewise specify the time within which such keeping or maintaining shall be discontinued or the time and manner wherein such keeping or maintaining shall be so altered so as not to constitute a nuisance.

After he signs the findings of fact pursuant to the preceding Section, the Chief of Police shall cause a certified copy of the same to be served upon each person owning, maintaining, or in charge of any bird or animal therein described, by personal service thereof on each person if he can be found within the City, or if he cannot be so found, then by posting a certified copy thereof in a conspicuous place upon the premises at which any such bird or animal is owned, kept or maintained.

After service of notice as prescribed in the preceding Section, any person keeping or maintaining any bird or animal beyond the time thus specified by the Chief of Police in any manner, location or quantity other than thus specified by the Chief of Police, shall be guilty of a misdemeanor and shall be liable to prosecution by complaint charging a violation of this Section.

If any provision of the findings and determination issued pursuant to Section 4139.3.2 be not complied with within the time therein specified, and irrespective of whether or not a criminal complaint is issued or prosecuted under Section 4139.4, the Chief of Police may abate the nuisance and for such purpose, the Chief of Police may enter upon the premises and relocate the animals or birds thereon or remove the animals or birds therefrom.

All birds or animals removed pursuant to the preceding Section shall be delivered to the pound master for safekeeping or disposal pursuant to Part 1 of this Chapter. After completion of any such relocation or removal, the Chief of Police shall prepare and transmit to the Council a statement of the costs and expenses of such relocation or removal, which costs and expenses shall include administrative overhead expenses. The Chief of Police shall also transmit by registered mail or by personal delivery a copy of such costs and expenses to the person against whom the same is to be charged, together with the notice of the time and place at which the Council shall consider and pass upon such statement of costs and expenses, which time shall not be less than ten (10) days after such service of the notice herein described. At the time specified in such notice, the Council shall consider the costs and expenses incurred in such relocation or removal and by resolution shall determine the amount of such costs and expenses and shall order and shall cause the same to be paid and levied as a special assessment against the real property upon which the work was performed.

In addition to the foregoing, the Chief of Police may execute a Notice of Lien describing the real property upon which any work was performed under the preceding Section, the authority under which such work was done, the cost of such work as determined by the Council, and specifying that such amount shall bear interest at the rate of six percent (6%) per annum from date of the Council's determination of cost until the same is paid and may record the same in the office of the County Recorder.

Subject to the limitation specified in Part 1 of Chapter 5 of Article VI of this Code, this part shall not be construed to preclude the keeping or maintaining of birds or animals, in accordance with the provisions of Chapter 6 of Article V of the Code, in the amounts and at locations specifically permitted by any provision of this Code.

(Division 9 added by Ord. 1173 adopted 4-17-62 amended by Ord. 1691 adopted 11-20-79)