Banning Municipal Code Ch. 6.04 Animal Code

For the purpose of this title the following definitions apply:

"Animal" means any living creature, except humans.

"Animal at large" means any animal that is willfully or negligently permitted to run off the property of the owner or possessor.

"Animal control" means the animal control unit of the city.

"Animal control officer" may be used interchangeably with "office" and means an individual appointed by the police chief to enforce the provisions of this chapter.

"Cattery" means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether for compensation, but not including a pet shop. An adult cat is one of either sex, altered or unaltered, that has reached the age of six months.

"Fee" means a fee, rate, or charge set by the city council.

"Health department" means the county health department.

"Health officer" means the county health officer, or his or her designee.

"Kennel" means any premises upon which four or more dogs over four months old are kept for any purpose, except a veterinary clinic or hospital operated by a veterinarian or an animal shelter operated by a governmental agency.

"Kennel operator" means a person who owns or operates a kennel.

"Officer" means animal control officer.

"Person" means an individual, corporation, partnership, or association.

"Possessor" means a person possessing an animal.

"Stray animal" means an animal which is permitted by the owner or possessor, whether through negligence or willfulness, to run at large within the city upon any highway, street, lane, alley, court, or any other public place, or upon any private property or premises other than those of the person owning or having charge of the animal.

(Ord. No. 1573, § 1, 5-25-21)

A. The animal control officer shall be appointed and supervised by the police chief, or his designee, and shall be responsible for enforcing the provisions of this title and with the assistance of designees, issue citations for violations of this title.

B. The animal control officer shall:

1. Exercise direct line supervision over the animal control officers, keep such records as may be required by the police chief, or his designee, and make duty assignments.

2. Cooperate with the California Department of Fish and Game trappers regarding predatory animals and other problems related to animal control.

3. Make referrals to the police department of general law violations and of major crimes involving animals.

C. Each officer shall receive initial and recurrent training which will enable him or her to carry out the duties prescribed by this chapter.

D. Animal control officers are public officers, and not peace officers.

(Ord. No. 1573, § 1, 5-25-21)

A. The owner or possessor of any animal which is a nuisance, or which is not vaccinated or not licensed may be issued a citation to appear in municipal or justice court to determine whether the condition, treatment, or confinement of the animal or other circumstances constituting the violation have changed to eliminate the nuisance or violation. The court may make any order it deems appropriate to prevent reoccurrence of the nuisance or violation, including the destruction of the animal or the removal of the animal from the premises.

B. Administrative hearings required by this chapter shall be conducted by a hearing officer selected by the city manager and the city attorney. The hearing officer will be an individual who is not a city employee nor having any interest or involvement in animal regulation actions for the city. The hearing officer will have had prior experience in the conducting of administrative hearings. Hearings shall be conducted in an informal manner consistent with due process of law. The owner or possessor of the animal and the department may present relevant evidence and call and cross-examine witnesses, but the strict rules of evidence shall not apply. The hearing officer shall render a brief written decision within ten days following the hearing. The failure to conduct a hearing required by this title shall have no bearing on any criminal prosecution for violation of any provision of this title.

(Ord. No. 1573, § 1, 5-25-21)