Canyon Lake Municipal Code Ch. 10.01 Vaccination, Licensing, Spaying, Neutering and Micro-Chipping of Dogs…

The following words and phrases shall, for the purposes of this Title, be defined as set out in this Section, unless it is apparent from the context that some other meaning is intended.

(a) “Altered” means a male animal that has been neutered or a female animal that has been spayed and also refers to a sterile animal.

(b) “Animal Control Officer” means the Animal Control Officer designated by the City or his or her duly authorized representative or designee; or, in the absence of such, the City Manager. “Animal Control Service Provider” means the contracted animal control agency that employs the Animal Control Officer.

(c) “At Large” means any dog which is off the enclosed 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; and any cat or other animal which appears to be stray or homeless.

(d) “Cattery” means any building, structure, enclosure or premises whereupon, or within which, ten or more cats, four months of age or older, are kept or maintained.

(e) “Class I Kennel” means any building, structure, enclosure or premises whereupon, or within which, five to ten dogs, four months of age or older, are kept or maintained.

(f) “Class II Kennel” means any building, structure, enclosure or premises whereupon, or within which, 11 or more dogs, four months of age or older, are kept or maintained.

(g) “Contracted Animal Control Agency” means Animal Friends of the Valley or another entity with which the City contracts to provide animal control services.

(h) “Days” means calendar days unless otherwise specified.

(i) “Department” means the City of Canyon Lake's animal control services provider.

(j) “Enclosure” means a fence, pen or structure suitable to securely and humanely prevent the animal from escaping or entry of unauthorized persons. The pen or structure shall have secure sides and a secure top that protects the animal from the elements. All sides must be embedded into the ground no less than two feet unless the bottom is adequately secured to the sides. The enclosure shall be of adequate and appropriate size for the animal to be kept in a clean and sanitary condition.

(k) “Guide Dog” means any dog trained or being reared, trained or used for the purpose of guiding a blind person.

(l) “Health Officer” means the Health Officer for the City or his/her duly authorized representative.

(m) “Hearing Officer” means a third party neutral designated by the contracted animal control agency.

(n) “Impounded” means having been received into the custody of any Animal Control Officer authorized by City to receive such animal.

(o) “Leash” means a leash or other device of a size and material appropriate to the size and temperament of the dog within the length of the leash as allowed by state law, which presently allows a leash to be no longer than six feet, as that may be amended from time to time.

(p) “Leash Law” means the provisions of state law regarding dog leashes, including exemptions for dog parks.

(q) “Owner” means and includes the custodian, applicant, or license or any person who possesses, harbors keeps or has a dog, cat or other animal in his or her custody, care, charge or control, or such persons or facility to which the owner temporarily has entrusted the control of the dog or cat.

(r) “Owner’s Premises” means the real or personal property owned, rented or used by the owner where the dog, cat or other animal is kept.

(s) “Person” means any individual, firm, partnership, joint venture, corporation, association, club or organization.

(t) “Public Entity” means any state, or any political subdivision, municipal corporation or agency thereof.

(u) “Service Dog” means any dog being reared, trained or used for the purpose of fulfilling the particular requirements of a physically disabled person, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items and includes a signal dog trained or being reared, trained or used for the purpose of alerting a deaf person or a person whose hearing is impaired to intruders or sounds.

(v) “Unaltered” means a dog or cat, four months of age or older, that has not been spayed or neutered or a condition, that exists in an animal which permits the producing of offspring.

(w) “Unlicensed Dog/Unidentified Cat” means any dog or cat for which no valid license or identification is in force.

(x) “Vaccination” means an inoculation against rabies of any dog or cat, four months of age or older, with any vaccine prescribed for the purpose by the California Department of Health Services.

(y) “Veterinarian” means a professional licensed by the State of California to provide medical services to animals.

(32-12/92 § 10.01.010) (Ord. 166, passed 4-6-2016; Am. Ord. 181, passed 5-1-2019)

Whenever a valid appeal of an administrative decision is received within the applicable timeframes, as set out in this Title, the following appeal procedures shall apply:

(a) The appeal shall be in writing and shall be filed with the Animal Control Officer within 15 days of the decision being appealed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denial or revocation.

(b) Upon receipt of such timely appeal, the contracted animal control agency shall set a hearing date for the appeal. That date shall be within 45 days of the date of the appeal. The Animal Control Officer shall give written notice of the date, time and place of such hearing to the appellant at least ten days before the hearing. Such notice shall be sent by registered or certified mail, first-class, postage prepaid, return receipt requested.

(c) The appeal shall be heard by a Hearing Officer. The Hearing Officer may affirm, modify, or reverse the administrative decision. The appellant and the contracted animal control agency representative each may present evidence and witnesses. In conducting the hearing, the Hearing Officer shall not be limited by the technical rules relating to evidence and witnesses, but evidence shall be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs.

(d) During the pendency of the appeal, there shall be in effect an automatic stay of the administrative decision unless otherwise provided or unless to do so creates a health, safety or welfare risk.

(e) The decision of the Hearing Officer shall be final. Any person aggrieved by the order of the hearing officer may obtain judicial review of that order by filing a petition for review with the Superior Court of Riverside County in accordance with the timelines and provisions set forth in California Code of Civil Procedure Section 1094.6.

(3212/92 § 10.01.020) (Ord. 166, passed 4-6-2016; Am. Ord. 181, passed 5-1-2019)

The City Council by resolution shall set the fees under this Title.

(32-12/92 § 10.01.030) (Am. Ord. 181, passed 5-1-2019)

(a) It shall be unlawful for any person to own, harbor or keep within the City for a period longer than 30 days, any dog or cat, four months of age or older that has not been vaccinated against rabies. Every person in the City who owns, harbors or keeps any dog or cat over four months of age for a period longer than 30 days shall have such dog or cat vaccinated against rabies as provided herein, by a veterinarian of his/her choice and such vaccination shall be renewed in accordance with the applicable laws and regulations of the State of California, unless the animal otherwise is exempt pursuant to subsection (c) below.

(b) Each veterinarian after vaccinating any dog or cat shall sign a certificate of vaccination in duplicate in the form required by the Animal Control Officer. The veterinarian shall keep one copy and shall give one copy to the owner of the vaccinated dog or cat. The owner shall retain such copy in his/her possession.

(c) Exemption. In the event a dog or cat has a short-term illness, is pregnant, or suffers from a long-term debilitating illness that in the opinion of a veterinarian contraindicates vaccination for rabies, such dog or cat shall not be required to undergo vaccination during the period of such illness or pregnancy where a request for vaccination deferral has been approved by the Animal Control Officer. Such request shall specify the duration of the requested deferral, the reason for the requested deferral, and shall be signed by the veterinarian providing that opinion.

(d) The Animal Control Officer shall issue a license for such dog or cat upon approval of the request for vaccination deferral and payment for the applicable license fee. The owner or person having custody of such dog or cat shall confine and shall keep such dog confined to the owners' premises for the duration of the deferral. Upon expiration of the deferral period, the owner or person having custody of such dog or cat shall present to the Animal Control Officer a certificate of vaccination in accordance with the provisions of this Chapter.

(Ord. 181, passed 5-1-2019)

(a) It shall be unlawful for any resident to own, harbor or keep any dog, four months of age or older, within the City, for a period longer than 30 days, unless a currently valid license tag has been issued by the Animal Control Officer; notwithstanding, any dog brought into Canyon Lake shall be licensed from Canyon Lake or another licensing jurisdiction.

(b) Upon request of the Animal Control Officer, any owner of a dog for which a license is required under the provisions of this Chapter shall present to the Animal Control Officer a currently valid certificate of rabies vaccination or license tag.

(c) It shall be unlawful for any person to make use of a stolen, counterfeit or unauthorized license, tag, certificate or any other document or thing for the purpose of evading the provisions of this Chapter.

(Ord. 181, passed 5-1-2019)

(a) Each license specified in this Section shall be valid for the term of the license period and shall be renewed within 30 days after such period terminates, except that where the current vaccination for the dog which is the subject of the license shall expire prior to the expiration date of the license being applied for, the Animal Control Officer may upon request of the owner or custodian of such dog, backdate such license so that its expiration date occurs concurrent with or prior to the expiration date of the vaccination; provided, however, that where such backdating is performed, there shall be no reduction or discount of the license fee applicable to the license applied for, and such license shall be renewed within 30 days after the date of its expiration.

(b) Whenever a dog validly licensed under this Chapter shall have died more than three months before the expiration date of the license, the owner of such dog may return the license tag to the Animal Control Officer, accompanied by a statement signed by a veterinarian or a declaration signed under penalty of perjury by the owner, indicating that such dog is dead and specifying the date of death. In such event, the license shall be cancelled and a pro rata credit of the license fee by full calendar quarters of the original license period remaining after the death of the dog may be applied to tags during said remaining period to the license fee for another dog acquired by the same owner.

(c) Upon transfer of ownership of any dog validly licensed under this Chapter, the new-owner shall notify the Animal Control Officer of such transfer within 30 days of such transfer, on a form prescribed by the Animal Control Officer, accompanied by a transfer fee as set by the City Council.

(d) If a valid license tag is lost or destroyed, a duplicate thereof may be procured from the Animal Control Officer upon submission to the Animal Control Officer of a statement signed by the owner of the dog containing the date and circumstances of such loss or destruction and the payment of a fee.

(e) The term of the license shall be one, two or three years from the date of issuance, depending upon the fee paid and the expiration date of the vaccine provided.

(f) The Animal Control Officer shall issue a license only upon presentation of a certificate of vaccination indicating that the date of expiration of the vaccination is not earlier than the date of expiration of the license being issued or renewed, upon payment of the applicable license fee determined by the City, and upon proof of compliance with all other requirements of this Chapter for spaying, neutering and micro-chipping, unless otherwise exempt.

(g) Where the vaccinated dog is between the ages of four months and 12 months, the period of vaccination immunity required for licensing shall be as specified in Title 17, California Code of Regulations, Section 2606.4.

(h) Dogs must wear license identification at all times when off the enclosed premises of the owners.

(Ord. 181, passed 5-1-2019)

(a) An unaltered dog still must be licensed. An unaltered license may be issued in the same manner as set forth in this Chapter. An unaltered dog must also be micro-chipped.

(b) Denial or revocation of unaltered dog license and reapplication.

(1) The Animal Control Officer may deny or revoke an unaltered dog license for one or more of the following reasons:

(A) The owner, is not in compliance with all of the requirements of this Chapter;

(B) The City has received at least three written and verified complaints that the owner has allowed a dog to stray or run at large or has otherwise been found to be neglectful of him or her or other animals;

(C) The owner previously has been cited for violating a State law, City Code or other requirement of a public entity relating to the care and control of animals;

(D) The unaltered dog has been adjudicated by a court or public entity to be potentially dangerous, dangerous or vicious, or to be a nuisance within the meaning of the Canyon Lake Municipal Code or the law of another public entity, or under State law;

(E) Any unaltered dog license held by the owner has been revoked; and

(F) The license application is discovered to contain a material misrepresentation or omission of fact.

(2) Re-application for unaltered dog license.

(A) When an unaltered dog license is denied, the applicant may re-apply for a license upon changed circumstances and a showing that the requirements of this Chapter have been met. The applicant shall pay the full fee upon re-application.

(B) When an unaltered dog license is revoked, the owner may apply for a new license after a 30-day waiting period upon showing that the requirements of this Chapter have been met. No part of an unaltered dog license fee is refundable when a license is revoked and the applicant shall pay the full fee upon re-application.

(c) Appeal of denial or revocation of unaltered dog license.

(1) Request for hearing; notice of intent to deny or revoke. The contracted animal control agency shall mail to the owner a written notice of its intent to deny or revoke the license for an unaltered dog that includes the reason(s) for the denial or revocation. The owner, may request a hearing to appeal the denial or revocation pursuant to the provisions of Section 10.01.020.

(2) Change in location of dog. If the dog is moved after the contracted animal control agency has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license, the owner must provide the contracted animal control agency with information as to the dog's whereabouts, including the current owner's name, address, email and telephone number.

(Ord. 181, passed 5-1-2019)

(a) Requirement. No person may own, keep, or harbor an unaltered dog or cat over the age of seven months in violation of this section. An owner of an unaltered dog or cat must have the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered dog license in accordance with this Chapter. An owner or custodian of an unaltered cat must have the animal spayed or neutered, or provide a certificate of sterility.

(b) Exemptions. This section shall not apply to any of the following:

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

(2) Animals owned by recognized dog or cat breeders, as determined by the City; and

(3) Female dogs over the age of 10 years and male dogs over the age of 12 years each of which has an unaltered license.

(c) Transfer, sale, and breeding of unaltered dogs or cats.

(1) Offer for sale or transfer of unaltered dog. An owner who offers any unaltered dog over the age of four months of age 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. An owner of an unaltered dog must notify the department of the name and address of the transferee within ten days after the transfer. The unaltered license and microchip numbers must appear on a document transferring the animal to the new owner.

(2) Offer for sale or transfer of unaltered cat. 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. 181, passed 5-1-2019)

(a) In addition to all other requirements of this Chapter, dogs and cats over the age of four months must be implanted with an identifying microchip. The owner is required to provide the microchip number to the contracted animal control agency at the time of obtaining a license for a dog, and shall notify the contracted animal control agency of any change of ownership of the dog or cat, or any change of address or telephone number.

(b) Exemptions. The mandatory micro-chipping requirements shall not apply to any of the following:

(1) 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 must obtain written confirmation of that fact from a veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation.

(2) A dog or cat that is kenneled or trained in the City, but is owned by an person who does not reside in the City. The owner must keep and maintain the animal in accordance with all applicable laws and ordinances of the public entity where in the owner of the animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction.

(3) A dog or cat over the age of 10 years.

(c) Transfer or sale of dogs and cats.

(1) An owner who offers any dog over the age of four months for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade or adoption. The license and microchip numbers must appear on a document transferring the dog to the new owner. The owner shall also advise the contracted animal control agency of the name and address of the new owner. An owner who offers any dog over the age of four months for sale, trade, or adoption and fails to provide such information to the contracted animal control agency is in violation of this Chapter and shall be subject to the penalties set forth herein.

(2) An owner who offers any cat over the age of four months for sale, trade, or adoption must provide the microchip identification number with the offer of sale, trade or adoption. The microchip numbers must appear on a document transferring the cat to the new owner. The owner shall also advise the contracted animal control agency of the name and address of the new owner or custodian. An owner who offers any cat over the age of four months for sale, trade, or adoption and fails to provides such information to the contracted animal control agency is in violation of this Chapter and shall be subject to the penalties set forth herein.

(3) 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 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 contracted animal control agency with the name and address of the new owner and the microchip number of the puppy or kitten, the owner or custodian shall be in violation of this Chapter and subject to the penalties set forth herein.

(Ord. 181, passed 5-1-2019)

Violation of this Chapter shall be punishable by an administrative or infraction citation, as a public nuisance or by any other legal means available. All costs and fines collected under this Chapter shall be paid to the contracted animal control agency for the purpose of defraying the cost of the implementation and enforcement of this program

(a) An administrative citation, infraction, or other such authorized penalty may be issued to an owner of an unaltered dog or cat for a violation of this Chapter only when the owner is concurrently cited for another violation under State law or this Code. Examples of violations include, but are not limited to, failure to possess a current rabies vaccination; 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 an animal; 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; or noisy animals.

(b) Should the owner of an unaltered dog or cat be found in violation of a State or this Code, the owner shall be required to spay or neuter the unaltered animal in accordance with this Chapter or purchase an unaltered license but shall also be required to pay the spay or neuter violation.

(c) When an impounded dog or cat is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees the owner shall also do one of the following:

(1) Have the dog or cat implanted with an approved microchip by contracted animal control agency personnel at the expense of the owner;

(2) Have the dog or cat implanted with an approved microchip by a veterinarian. The owner or custodian shall pay the contracted animal control agency the cost to deliver the dog or cat to the veterinarian. Within ten days, the veterinarian shall complete and return to the contracted animal control agency a statement confirming that the microchip has been implanted and its number and shall release the dog or cat to the owner only after the procedure is complete; or

(3) At the discretion of the Animal Control Officer, the dog or cat may be released to the owner if he or she signs a statement under penalty of perjury, representing that the dog or cat will be implanted with a microchip and that he or she will submit a statement within ten days of the release, signed by a veterinarian, confirming that the dog or cat has been so implanted and the microchip number, and allow the department to scan the dog or cat for the microchip to verify.

(d) Fees for microchip identification device. The fee for an approved identifying microchip device shall be included in the cost of adoption when adopting a dog or cat from an animal shelter operated by the contracted animal control agency. If an animal has already been implanted with an identifying microchip device by some other facility, there will be no fee to have the identification microchip number entered into the contracted animal control agency registry.

(Ord. 181, passed 5-1-2019)