Belmont Municipal Code Art. III Nuisances

(a) It is unlawful for any owner or person entrusted with the care, custody or control of any dog, cat or any other animal or fowl, whether licensed or not, to fail to exercise proper care or control of such animal so that the animal becomes a public nuisance.

(b) Excessive, continuous or untimely barking, molesting of passerby, chasing vehicles, habitually attacking other domestic animals, trespassing upon school grounds, or trespassing upon private property in such manner as to damage property is a nuisance.

(c) A female dog in heat running at large is a public nuisance; and the animal control officer is directed to abate all such nuisances as soon as reported by impounding such dog or dogs, whether licensed or not.

(d) In addition to the penalties provided herein, any condition caused or permitted to exist in violation of a provision of this chapter is a public nuisance and may be summarily abated as such. Each day that the condition continues it is a new and separate offense. Pursuant to Section 38773.5 of the California Government Code, in any action, administrative proceeding, or special proceeding brought by the City of Belmont to abate a public nuisance, the prevailing party shall be entitled to reasonable attorneys' fees. Recovery of attorneys' fees shall be limited as follows:

(1) To those actions or proceedings where the city has elected to recover attorney's fees at the initiation of such actions or proceedings.

(2) The amount of attorneys' fees in any action, administrative action, or special proceeding awarded to a prevailing party shall not exceed the amount of reasonable attorney's fees incurred by the city in the action or proceeding.

(e) Notwithstanding any other provision of this Code, whenever violation of any section contained in this section is punishable as a misdemeanor, the prosecuting attorney, having jurisdiction to prosecute said misdemeanor may specify that the offense is an infraction and proceed with prosecution as an infraction unless the defendant, at the time of his arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint.

(f) In addition to the penalties provided, any condition caused or permitted to exist in violation of the provision of this chapter is a public nuisance and may be summarily abated as such. Each day that the condition continues it is a new and separate offense.

(Ord. No. 983, § 1, 2-11-03)