Colton Municipal Code Ch. 7.20 Prohibition on the Feeding, Watering, and Harassment of Undomesticated…

The purpose of this chapter is to establish reasonable and uniform regulations to protect the undomesticated burro population by encouraging the instinctual behavior of the undomesticated burros by reducing human interactions with them. This purpose will be fulfilled by enforcing restrictions on human and undomesticated burro interactions and will be enforced with infractions and administrative penalties and resulting fines.

(Ord. No. O-18-22, § 2, 12-20-2022)

As used in this chapter, the following terms shall have the following definitions.

"Animal Control Department" or "Department" means the City of Colton Animal Control Department, or whatever entity performs any of the animal control functions for the City of Colton, whether internally or pursuant to contract with the City.

"Animal Control Director" means the person duly appointed by the City Manager to administer the Animal Control Department and/or the animal control contract of the City.

"Animal rescuer" means any individual possessing a rescue permit from the Department, who routinely takes temporary possession of an animal from the rightful owner of said animal, or any animal from an animal shelter that has been retained by the city in accordance with this chapter.

"Animal rescue operation" means any building, structure, enclosure or premises run by an animal rescuer, whether or not a valid nonprofit corporation has been formed pursuant to the provisions of the California Corporations Code for the prevention of cruelty to animals.

"City" means City of Colton.

"Feeding" means the intentional act of providing food to any wild burro by a person in any location within the City without the approval of the City.

"Harass" means an intentional act which disrupts an animal's normal patterns, which includes, but is not limited to, breeding, feeding or sheltering.

"Person" means any person, firm, cooperation, association, society or other organization.

"Undomesticated Burro" means a wild burro or a burro which has not been tamed or domesticated for a period of three years after its capture and is not protected by the federal government under the federal Wild Free-Roaming Horses and Burros Act. (California Gov. Code, §53074.5.)

"Watering" means the intentional act of providing water to any wild burro by a person in any location within the City without the approval of the City.

(Ord. No. O-18-22, § 2, 12-20-2022)

A. Feeding and Watering of Undomesticated Burros. Except as provided in Section 7.20.040 of this chapter, it is unlawful for any person to feed, water or in any manner provide food or water to, a burro that is not owned or lawfully possessed by that person.

B. Harassment of Animals. Except as otherwise authorized in this chapter or in the California Fish and Game Code and regulations promulgated pursuant thereto, no person shall feed, harass, herd, drive capture, keep, or attempt to domesticate, any undomesticated burro.

(Ord. No. O-18-22, § 2, 12-20-2022)

This chapter shall not apply to:

A. Any animal rescue operation or animal rescuer that is authorized to assist the Department in the care and relocation of undomesticated burro herds.

B. A landowner or tenant who drives or herds undomesticated burros for the purpose of preventing damage to private or public property, including aquaculture and agriculture crops.

C. In order to be exempted from the provisions of this section, a person must provide notice to the Department of their action as soon as they are reasonably able, but no later than forty-eight (48) hours after the event.

(Ord. No. O-18-22, § 2, 12-20-2022)

A. The Animal Control Director shall supervise the administration and enforcement of this chapter and the enforcement of the laws of the State of California pertaining to the care and control of animals.

B. The Animal Control Director is authorized to post signs advising the public that feeding undomesticated burros is prohibited by this chapter and the California Code, Regulations, Title 14, Division 1, Section 251.1 regarding the harassment of animals.

C. The City Council may enter into a written agreement or agreements with any veterinarian, organized humane society, association, person, corporation or organization which will provide assistance to the City in providing care for undomesticated burros.

D. It shall be unlawful for any person to interfere with, oppose, or resist any officer, employee or person empowered to enforce the provisions of this chapter while such officer, employee or person is engaged in the performance of his or her duties as provided in the Colton Municipal Code or state law.

E. Nothing in this chapter shall prevent the Animal Control Director from acting, when he or she deems it appropriate to do so, under the applicable provisions of the California Penal Code, Section 597, et seq.

(Ord. No. O-18-22, § 2, 12-20-2022)

A. An administrative citation, infraction, civil action or other such authorized penalty may be issued to any person in violation of this chapter.

B. An infraction is punishable pursuant to Section 8.02.050.

C. In addition to any other remedy available at law, any person in violation of this chapter is subject to an administrative fine as defined below:

(1) A fine not exceeding one hundred dollars ($100) for a first violation.

(2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.

(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.

D. The City Council is authorized to bring a legal action in a court of competent jurisdiction to enforce the provisions of this chapter.

E. Each such person shall be guilty of a separate offense for each and every incident in which any violation of any provision of this chapter is committed, continued or permitted by any such person, and such person shall be punishable accordingly."

(Ord. No. O-18-22, § 2, 12-20-2022)