Beaumont Municipal Code Ch. 6.02 Regulations Generally

For the purposes of Title 6 of the Beaumont Municipal Code, the following words and phrases shall have the meanings:

a. "Abused" means any animal which is mistreated, beaten, tormented or teased; deprived of water, food or shelter; kept under unsanitary conditions; abandoned; or trained for fighting or attacking other animals or human beings.

b. "Adoption" refers to the process of taking guardianship of and responsibility for a pet that a previous owner has abandoned or otherwise abdicated responsibility for.

c. "Altered" means a male animal that has been neutered or a female animal that has been spayed. Also referred to as a sterile animal.

d. "Animal rescuer" means any individual possessing a rescue permit from the Department, who routinely obtains a dog or cat from the rightful owner of said animal, or any animal from an animal shelter that has been retained in accordance with this Title.

e. "Animal rescue operation" means any building, structure, enclosure or premises run by an Animal Rescuer, whether or not a valid nonprofit corporation formed pursuant to the provisions of the California Corporations Code for the prevention of cruelty to animals, which meets all requirements and standards referred to in Chapter 6 of this Title.

f. "Animal Services Officer" means any person or entity designated under this Chapter as the Animal Services Officer for the City, including, but not limited to, any City employee designated to enforce the animal control regulations of this Chapter.

g. "Apiary" means a place where bee colonies are kept.

h. "Assistance dog" refers to any dog as defined in Section 30508(a) of the California Food and Agriculture Code.

i. "At large" means any dog which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by a leash of a size and material appropriate to the size and temperament of the dog and which is held by a person capable of restraining such dog, or is not otherwise physically restrained by some other device or instrumentality, except that such device or instrumentality shall not include voice control, eye control or signal control of the dog by any person, device or instrumentality. Also refers to any dog which is on the premises of its owner, custodian or caretaker which is not being maintained by physical restraint, fence, kennel, voice command, or in such a way that the animal may not leave the property of the owner; or that persons, without permission, may not wander into the confined area of the dog without intentional trespass.

j. "Bee" means any stage of the common domestic honey bee, Apis mellifera species.

k. "Cattery" refers to any building, structure, enclosure or premises whereupon, or within which, five or more cats, four months of age or older, are kept or maintained.

l. "City" is the City of Beaumont

m. "Class I kennel" refers to any building, structure, enclosure, or premises whereupon, or within which, five to ten dogs, four months of age or older, are kept or maintained. A Class I kennel shall not include a sentry dog kennel or an animal rescue operation that meets the definition and requirements set forth in this Title.

n. "Class II kennel" refers to any building, structure, enclosure or premises whereupon, or within which, 11 to 25 dogs, four months of age or older, are kept or maintained.

o. "Class III kennel" refers to any building, structure, enclosure or premises whereupon, or within which, 26 to 40 dogs, four months of age or older, are kept or maintained.

p. "Class IV kennel" refers to any building, structure, enclosure or premises whereupon, or within which, 41 or more dogs, four months of age or older, are kept or maintained.

q. "Colony" means a hive and its equipment and appurtenances including bees, comb, pollen, and brood.

r. "Custodian" means any person who intentionally provides care or sustenance for any animal, including but not limited to a dog or cat, on behalf of another, or represents the interests of the owner.

s. "Department" refers to the City of Beaumont Animal Services Department.

t. "Domestic animals" refers to small and/or non-dangerous wild animals such as dogs, cats, rodents, birds, non-poisonous snakes, rabbits and similar species that do not constitute a public nuisance.

u. "Enclosure" means a fence or structure of at least six feet in height forming or causing an enclosure suitable to prevent the entry of young children and suitable to humanely confine an animal with adequate exercise area, and posted with an appropriate warning sign, in conjunction with other measures which may be taken by the owner of the animal. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Section 597t of the California Penal Code.

v. "Exigent circumstances" refers to circumstances in which the officer, in his/her reasonable judgment, determines that a life threatening or serious injury may occur if immediate action is not taken, i.e., animal may die if not immediately transported to a veterinarian, or animal may bite and seriously injure a human or animal if not immediately impounded, or animal may die if officer does not immediately enter property and rescue, etc.

w. "Exotic animal" is defined as any animal which is not normally domesticated in the United States including, but not limited to, any lion, tiger, bear, non-human primate (monkey, chimpanzee, etc.), wolf, coyote, cougar, bobcat, ocelot, wildcat, skunk, boa, python, reptile, amphibian, bird, or venomous snake, irrespective of its actual or asserted state of docility, tameness or domesticity.

x. "Hearing Officer" means the person appointed by the Chief of Police to serve as the hearing officer under this Title.

y. "Hybrid animal" means any animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the State of California.

z. "Impounded" means having been received into the custody of any animal control center, Animal Services Officer, animal control vehicle, or peace officer duly authorized by the "City" to receive such animal.

aa. "Incapable of breeding" means any dog or cat which has been examined by a California licensed veterinarian and determined to not be capable of reproducing. A certificate of sterility, signed by the veterinarian must be provided upon demand."

bb. "Large animals" means any livestock including, but not limited to, horses, donkeys, mules, pigs, and other equine cattle and cows.

cc. "Owner" means any person who intentionally provides care or sustenance for any animal, including but not limited to a dog or cat, for any period exceeding a total of 30 days.

dd. "Person" means any individual, firm, business, partnership, joint venture, corporation, limited liability company, profit or non-profit association, club, or organization.

ee. "Public entity" means any state, or any political subdivision, municipal corporation profit or non-profit or agency thereof.

ff. "Sentry dog" refers to any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog".

gg. "Sentry dog kennel" means any building structure, enclosure, or premises whereupon, or within which, five or more guard or sentry dogs are kept or maintained.

hh. "Tract" means a contiguous parcel of land under common ownership.

ii. "Unaltered and unspayed" means a dog or cat, four months of age or older, that has not been spayed or neutered. A condition that exists in an animal which permits the producing of offspring.

jj. "Underdeveloped property" means any idle land that is not improved or actually in the process of being improved with structures or improvements intended for human use occupancy. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes.

kk. "Unlicensed" means any animal for which no valid license is currently in force.

ll. "Vaccination" means an inoculation against rabies of any dog or cat, four months of age or older, with any vaccine prescribed for that purpose by the California Department of Health Services.

mm. "Veterinarian" means a person holding a currently valid license to practice veterinary medicine issued by the state of California pursuant to Chapter 11 of the California Business and Professions Code.

nn. "Vicious dog/vicious cat" means any dog or cat which has bitten a person or animal without provocation or direction or which has a disposition or propensity to attack or bite any person or animal without provocation or direction.

(Ord. 960, 10/20/09; § 1; Ord. 1020, 06/05/12)

All fees authorized in this title shall be established, and may be amended from time-to-time, by resolution.

(Ord. 960, 10/20/09; § 1)

The provisions of this Title shall be in addition to all other laws, or the provisions in other Titles of the City governing or regulating the keeping of animals and livestock in the City and not a limitation thereof.

(Ord. 960, 10/20/09; § 1)

No person shall interfere with, oppose or resist an Animal Services Officer while engaged in the performance of the duties prescribed in this Title.

(Ord. 960, 10/20/09; § 1)

Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions of this Title. are hereby empowered to enter upon private property, where any dog, cat, or animal is kept or reasonably believed to be kept, for the purpose of ascertaining whether such animal is being kept in violation of any provision of this Title, other Title governing animals, or California State law relating to the regulation, care and/or keeping of animals.

Notwithstanding any provision in this Title relating to entry upon private property for any purpose under this Title, no such entry may be conducted: (a) without the express or implied consent of the property owner or the person having lawful possession thereof, or (b) unless an inspection warrant has been issued and the entry is conducted in accordance with California Code of Civil Procedure, Sections 1812.50 through 1812.56, inclusive, or (c) except as may otherwise be expressly or impliedly permitted by law.

(Ord. 960, 10/20/09; § 1)

Any property where animals are kept shall comply with all the requirements of this Title, Title 8, and Title 17, in addition to any other applicable codes relating to the keeping of animals.

(Ord. 960, 10/20/09; § 1)

No person shall own, keep, or harbor an unaltered dog or cat in violation of this Section. An owner or custodian of an unaltered dog must have the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered dog license in accordance with this Title. An owner or custodian of an unaltered cat must have the animal spayed or neutered, or provide a certificate of sterility.

Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below:

a. An administrative citation, infraction, or other such authorized penalty may be issued to an owner or custodian of an unaltered dog or cat for a violation of this section only when the owner or custodian is concurrently cited for another violation under state or local law pertaining to the obligations of a person owning or possessing a dog or cat. Examples of such state law or local violations include, but are not limited to, the following: failure to possess a current canine rabies vaccination of the subject dog; dog or cat at large; failure to license a dog; leash law violations; kennel or cattery permit violations; tethering violations; unhealthy or unsanitary conditions; failure to provide adequate care for the subject dog or cat in violation of the Penal Code; rabies quarantine violations for the subject dog; operating a business without a license and/or lack of State Tax ID Number; fighting dog activity in violation of Penal Code section 597.5; animals left unattended in motor vehicles; potentially dangerous, dangerous or vicious animals; and noisy animals.

b. Should the owner or custodian of an unaltered dog or cat be found in violation of a state or local law, as stated above, in subsection (1), the owner or custodian shall be required to spay or neuter the unaltered animal in accordance with this section.

(Ord. 960, 10/20/09; § 1)

This section shall not apply to any of the following:

a. A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than 30 days, the owner or custodian must apply for an unaltered dog license.

b. A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the cat is able to be safely spayed or neutered at a later date; that date must be stated in the written confirmation.

c. Animals owned by City-licensed dog or cat breeders.

(Ord. 960, 10/20/09; § 1)

All dogs over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the Department, and shall notify the Department of any change of ownership of the dog or cat, or any change of address or telephone number. Nothing in this section supersedes, eliminates, or alters the requirements of any other licensing requirements of this Title.

(Ord. 960, 10/20/09; § 1)

All cats who have been found at-large and have been transported to a shelter for redemption shall be implanted with an identifying micro-chip prior to release. The owner or custodian is required to provide the microchip number to the Department, and shall notify the Department of any change of ownership of the dog or cat, or any change of address or telephone number. Nothing in this section supersedes, eliminates, or alters the requirements of any other licensing requirements of this Title.

(Ord. 960, 10/20/09; § 1)

The mandatory microchipping requirements shall not apply to any of the following:

a. A dog or cat with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, the date must be stated in the written confirmation.

b. A dog or cat which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, the date must be stated in the written confirmation.

c. A dog or cat that is kenneled or trained in the City, but is owned by an individual that does not reside in the City. The owner or custodian must keep and maintain the animal in accordance with the applicable laws of the jurisdiction in which the owner or custodian of the animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction.

(Ord. 960, 10/20/09; § 1)

An owner or custodian who offers any dog, cat or other animal, over the age of four months, for sale, trade, or adoption must provide the microchip identification number and the valid license number where applicable with the offer of sale, trade or adoption. The license and microchip numbers must appear on a document transferring the animal to the new owner. The owner or custodian shall also advise the Department of the name and address of the new owner or custodian in accordance with this Title. An owner or custodian who offers any dog, cat, or other animal, over the age of four months, for sale, trade, or adoption and fails to provide the Department with the name and address of the new owner is in violation of this Title and shall be subject to the penalties set forth herein.

When a puppy or kitten under the age of four months implanted with microchip identification is sold or otherwise transferred to another person, the owner or custodian shall advise the Department of the name and address of the new owner or custodian, and the microchip number of the puppy or kitten within ten days after the transfer. If it is discovered that an owner or custodian has failed to provide the Department with the name and address of the new owner and the microchip number of the puppy or kitten, the owner or custodian shall be subject to the penalties set forth in this Title.

Additionally, any person who within the City, or any business entity or other organization located in or doing business in the City which, advertises or offers in any manner, puppies or dogs for sale, trade, barter or to be given away for free, must display in such advertisements, announcement or flyer the following information:

a. The license number and name of the licensing agency of each of the mother animals any of whose offspring are so offered (in the case of puppies under four months of age).

b. The license number and name of licensing agency of each of the dogs (in the case of dogs four months or more of age).

c. The kennel and/or rescue permit number and name of the permitting agency of the owner of each of the mother animals any of whose offspring are so offered (in the case of puppies under four months of age).

d. The kennel permit and/or rescue number and name of the permitting agency of the owner of each of the dogs so offered (in the case of dogs four months or more of age).

This Section shall not apply to public animal shelters or nonprofit humane societies which are in compliance with Food and Agricultural Code Sections 30503 and 31751, nor shall it apply to persons who relinquish animals to such shelters or societies.

(Ord. 960, 10/20/09; § 1)

An owner or custodian who offers any unaltered dog for sale, trade, or adoption must include a valid unaltered dog license number with the offer of sale, trade or adoption, or otherwise state and establish compliance with this section. The unaltered license and microchip numbers must appear on a document transferring the animal to the new owner. An owner or custodian of an unaltered cat must notify the Department of the name and address of the transferee within ten days after the transfer. The microchip numbers must appear on a document transferring the animal to the new owner.

(Ord. 960, 10/20/09; § 1)

No person shall, in the City, transfer, offer for sale, or sell any animal, cat, kitten, dog or puppy on any public street, public sidewalk or public park. This prohibition does not apply to animal shelters or authorized organizations who conduct adoptions within the City.

(Ord. 960, 10/20/09; § 1)

A. Prohibition. No person shall, in the City, transfer, offer for sale, or sell any animal, reptile, fish, bird, including, without limitation, dogs, puppies, cats, kittens, guinea pigs, hamsters, gerbils, mice, parakeets, snakes and frogs, at a swap meet conducted on public or private property.

B. Penalty for Violation. In the discretion of the Enforcement Officer, any person violating this Section shall be issued an Administrative Citation pursuant to Beaumont Municipal Code Chapter 1.17, or shall be guilty of an infraction pursuant to Beaumont Municipal Code Chapter 1.16. In either case, the amount of the fine shall be an appropriate amount set forth in Section 1.16.030 of this Code. Each such violation shall be deemed a separate offense as specified in Section 1.16.040.

Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor, punishable by a fine of $1,000.00, or six months in jail, or both.

(Ord. 1039, 11-19-13)

No person shall leave an animal in an unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal's health and welfare. If after a search of the area the owner cannot be found, the Animal Services Officer/Police Officer feels the animal's health is in danger, the animal may be removed from the vehicle and transported to a veterinarian for treatment per Chapter 6.08 of this Title.

(Ord. 960, 10/20/09; §1)

Except as provided in this Section, no person, either as owner, agent or employee, shall keep any roosters, peacocks, or flocks of five or more pigeons, doves, ducks or other birds or fowl, domestic or otherwise within the City of Beaumont. The keeping of such birds and other fowl is hereby declared to be a nuisance.

Roosters, peacocks, birds or other fowl shall be permitted on parcels of one acre or larger in the Rural-Residential (R-R) Zone, provided that the number of roosters or peacocks shall not exceed one per acre, and the number of other types of birds or fowl shall not exceed five per acre.

(Ord. 960, 10/20/09; § 1)

A non-domestic animal which is wild and potentially dangerous in its natural state and as defined in Section 1406 of the Fish and Game Code of the state, shall not be kept or maintained within the City without complying with all requirements as set forth in this and any other Titles of the City, in addition to the following:

A. Such person desiring to keep or maintain a wild animal, poisonous snake or reptile shall first obtain a permit from the State pursuant to Section 1450 of the Fish and Game Code of the State and shall meet any and all conditions required by the permit.

B. In addition thereto, the possessor shall obtain public liability insurance in the amount of $1,000,000.00 in which the City shall be named an additional insured.

C. The wild animal, snake or reptile may be transported through the City if it is confined in such a manner as to pose no threat, injury or harm to persons in this City. The animal must at all times be properly caged or tethered. In addition the person shall comply with all requirements as set forth in the Fish and Game Code of the State.

(Ord. 960, 10/20/09; § 1)

It is unlawful for any person to knowingly abandon any animal within the City. Any person violating this Section shall bear full costs and expenses incurred by the City in the care of said abandoned animal and the person shall reimburse to the City all costs therefore as determined by the Animal Services Officer. Abandonment shall include the owner's failure to redeem animals seized or impounded after proper notification of the seizure or impoundment has been issued.

(Ord. 960, 10/20/09; § 1)

It shall be the duty of the Animal Services Officer to enforce all of the provisions of this Title, and other local and State laws relating to the regulation, care and/or keeping of animals. Animal Services Officers shall be empowered to:

a. Receive, take up and impound any dog or other animal found running at large in violation of this Title, any other Title or of any law of the State of California.

b. Issue a warning notice for, citation for, or investigate any violation of any provisions of any City Title or California law regarding the care or keeping of animals.

c. Investigate whether a dog is licensed in compliance with the requirements of this Title.

d. Seize or impound any animal as authorized by this Title or any other laws. When the animal to be taken or seized is located inside a private residence or in its curtilage, judicial order directing seizure of the animal shall, absent exigent circumstances, be obtained prior to seizure.

e. Regularly and adequately feed, water and otherwise care for any animals impounded under the provisions of this Title or any other law, or to provide for such feeding and/or watering and care.

f. Humanely provide emergency care, or destroy as needed, sick or injured animals. Any Animal Services Officer may arrest a person without warrant whenever he/she has reasonable cause to believe that the person to be arrested has committed an infraction or misdemeanor in his/her presence, or a felony which is in violation of this Title or any other laws governing animals or regulating the care and/or keeping of animals. In any case in which a person arrested, does not demand to be taken before a magistrate: 1) regarding any infraction, such officer or employee making the arrest shall prepare a written Notice to Appear and shall release the person on his/her promise to appear, as prescribed by Sec. 853.5 of the California Penal Code; 2) regarding a misdemeanor, such officer or employee may prepare a written Notice to Appear and may release the person on his/her written promise to appear, as prescribed by California Penal Code Section 853.6. Nothing in this Title shall prevent the Animal Services Officer from acting, when he/she deems it appropriate to do so, under the applicable provisions of California Penal Code, Section 597, et seq.

The City Council may enter into a written agreement or agreements with any veterinarian, organized humane society, association, person, corporation or organization which will undertake to carry out the provisions of this Title and maintain and operate a shelter, and which will license, take up, impound and dispose of animals. Any such veterinarian or society or association which shall enter into such an agreement shall carry out all of the provisions of this Title in the manner herein prescribed.

(Ord. 960, 10/20/09; § 1)

Any peace officer, humane society officer, or Animal Services Officer shall convey all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer to be a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment. If the animal is treated and recovers from its injuries, the animal will be put up for adoption after the prescribed period of time and no owner is found. If an owner for the animal is found they will be liable to all cost incurred for the care and treatment of the animal. The costs for the care and treatment of the animal will be required to be paid prior to the animal being returned to the owner. No veterinarian shall be criminally or civilly liable for any decision which he or she makes or for services which he or she provides pursuant to this section. An Animal Services Officer who takes possession of an animal pursuant to this section shall keep records of the whereabouts of the animal for a 72-hour period from the time of possession, and those records shall be available for inspection by the public upon request.

(Ord. 960, 10/20/09; § 1)

The City is hereby authorized to recoup all administrative costs reasonably related to the enforcement of this Title, including costs of staff time.

(Ord. 960, 10/20/09; § 1)

At the discretion of the Animal Services Officer, the impoundment fees recoverable under this Title may be waived by the Animal Services Officer based upon indigent circumstances of the owner of the impounded animal that are verified by the Department of Animal Services, so long as the animal is being kept and maintained in accordance with all other provisions of this Title or any other applicable laws.

(Ord. 960, 10/20/09; § 1)

If any provision, clause, sentence or paragraph of this Title or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this Title which can be given effect without the invalid provision or application, and to this end, the provisions of this Title are hereby declared to be severable.

(Ord. 960, 10/20/09; § 1)