Chapter 18.08 — DOGS AND CATS
Eastvale Municipal Code · 2026-09 edition · updated 2026-10-02 · Eastvale
State Law reference— Dog licensing and regulations generally, Food and Agricultural Code § 30801 et seq.
Sec. 18.08.010. - Definitions.¶
Whenever, in this chapter or in any resolution or standard adopted by the city council pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent from the context thereof that some other meaning is intended:
Altered means a male animal that has been neutered or a female animal that has been spayed. The term "altered" also is referred to as a "sterile animal."
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 state Corporations Code for the prevention of cruelty to animals, which meets all requirements and standards referred to in section 18.08.060.
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 chapter.
Animal services director means the director of the department of animal services of the County of Riverside or his duly authorized representative.
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. 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.
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.
Class I kennel.
(1)
The term "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.
(2)
The term "class I kennel" does not include a sentry dog kennel or an animal rescue operation that meets the definition and requirements set forth in this chapter.
Class II kennel means any building, structure, enclosure or premises whereupon, or within which, 11 to 25 dogs, four months of age or older, are kept or maintained.
Class III kennel means any building, structure, enclosure or premises whereupon, or within which, 26 to 40 dogs, four months of age or older, are kept or maintained.
Class IV kennel means any building, structure, enclosure or premises whereupon, or within which, 41 or more dogs, four months of age or older, are kept or maintained.
Community means any public entity which is authorized by law to regulate and control dogs or cats or both.
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.
Department means the Riverside County Department of Animal Services.
Director means the director of animal services of the County of Riverside or his/her duly authorized representative.
Exigent circumstances means 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 the officer does not immediately enter property and rescue, etc.
Exotic animal means any animal which is not normally domesticated in the United States including, but not limited to, any lion, tiger, bear, nonhuman 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.
Guide dog means any dog trained or being reared, trained or used for the purpose of guiding a blind person.
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.
Impounded means having been received into the custody of any animal control center, animal control officer, animal control vehicle or peace officer duly authorized by the city to receive such animal.
Incapable of breeding means any dog or cat which has been examined by a state-licensed veterinarian and determined to not be capable of reproducing. A certificate of sterility, signed by the veterinarian must be provided upon demand.
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.
Person means any individual, firm, business, partnership, joint venture, corporation, limited liability company, profit or nonprofit association, club, or organization.
Public entity means any state, or any political subdivision, municipal corporation profit or nonprofit or agency thereof.
Sentry dog means any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "sentry dog" also means guard dog.
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. The term "guard dog" shall also mean "sentry dog."
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.
Signal dog means any 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.
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.
Unlicensed dog means any dog for which no valid license is currently in force.
Vaccination means an inoculation against rabies of any dog or cat, three months of age or older, with any vaccine prescribed for such purpose by the California Department of Health Services.
Veterinarian means a person holding a current valid license to practice veterinary medicine issued by the State of California pursuant to Chapter 11 of the California Business and Professions Code.
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.
Wildlife means any creature, whether or not raised in captivity, normally found in a wild state.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.020. - Mandatory dog licensing and vaccination.¶
(a)
Except as provided in section 18.08.050(a), it is unlawful for any person 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 director or any agency authorized by the city for such purpose and the tag is displayed upon the dog's collar pursuant to the Food and Agriculture Code § 30951(b).
(b)
It is unlawful for any person to own, harbor or keep any dog, four months of age or older, within the city, for a period longer than 30 days, which has not been vaccinated against rabies. Every person in the city who owns, harbors or keeps any dog over four months of age for a period longer than 30 days shall have such dog vaccinated against rabies as provided in this chapter, by a veterinarian of his choice and such vaccination shall be renewed in accordance with the applicable laws and regulations of the state.
(c)
Each veterinarian after vaccinating any dog shall sign a certificate of vaccination on the form required by the director. The veterinarian shall keep one copy, shall give one copy to the owner of the vaccinated dog and shall send one copy to the department. The veterinarian shall contact the director and arrange a mutually agreed upon method of delivery of the certificates of vaccination by mail, electronic transmission, or personal delivery. The failure to remit the mandatory certificate of vaccination to the department may result in an administrative citation pursuant to section 18.08.220 of this chapter.
(d)
The director shall issue a license only upon presentation of a certificate of vaccination indicating therein that the date of expiration of the vaccination immunity is not earlier than the date of expiration of the license being issued or renewed, and upon payment of the applicable license fee specified in subsection (f) of this section; provided, however, that where the vaccinated dog is between the ages of three months and 12 months, the period of vaccination immunity required for licensing shall be as specified in title 17, California Administrative Code § 2606.4.
(e)
Notwithstanding the provisions of subsections (b) and (d) of this section, in the event a dog has a short- term illness, is pregnant, or suffers from a long-term debilitating illness which in the opinion of a veterinarian contraindicates vaccination for rabies, such dog 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 director. Such request shall specify the duration of the requested deferral, the reason for the requested deferral, and shall be signed by a veterinarian. The director shall issue a license for such dog upon approval of the request for vaccination deferral and payment for the applicable license fee specified in subsection (f) of this section. The owner or person having custody of such dog shall confine and shall keep such dog confined, for the duration of the deferral. Within 14 days after the expiration of the deferral, the owner or person having custody of such dog shall present to the director a certificate of vaccination in accordance with the provisions of subsection (d) of this section.
(f)
Subject to the provisions of this section, licenses shall be issued upon payment of the following fees:
(1)
License valid for one year from the date of issuance, for each sterile dog, accompanied by a certificate signed by a veterinarian that said dog is permanently unable to reproduce, shall be $25.00.
(2)
License valid for one year from the date of issuance, for each dog to which provisions of section 18.08.020, subsections f(1) and (7) of this chapter are not applicable, shall be $120.00, except for animals owned by recognized dog or cat breeders as defined by department of animal services policy, the fee shall be $65.00.
(3)
License valid for two years from the date of issuance, for each sterile dog, accompanied by a certificate signed by a veterinarian that said dog is permanently unable to reproduce, shall be $50.00.
(4)
License valid for two years from the date of issuance, for each dog to which provisions of section 18.08.020, subsections f(3) and (8) of this chapter are not applicable, shall be $240.00, except for animals owned by recognized dog or cat breeders as defined by department of animal services policy, the fee shall be $130.00.
(5)
License valid for three years from the date of issuance, for each sterile dog, accompanied by a certificate signed by a veterinarian that said dog is permanently unable to reproduce, shall be $75.00.
(6)
License valid for three years from the date of issuance, for each dog to which provisions of section 18.40.020, subsections (f)(5) and (9) of this chapter are not applicable, shall be $360.00, except for animals owned by recognized dog or cat breeders as defined by department of animal services policy, the fee shall be $195.00.
(7)
License valid for one year from date of issuance, for each sterile dog, which is owned by a person 60 years of age or older, and is accompanied by a certificate signed by a veterinarian that said dog is permanently unable to reproduce, shall be $12.00.
(8)
License valid for two years from date of issuance, for each sterile dog, which is owned by a person 60 years of age or older, and is accompanied by a certificate signed by a veterinarian that said dog is permanently unable to reproduce, shall be $24.00.
(9)
License valid for three years from date of issuance, for each sterile dog, which is owned by a person 60 years of age or older, and is accompanied by a certificate signed by a veterinarian that said dog is permanently unable to reproduce, shall be $36.00.
(10)
The fee for dangerous/vicious animal registration as required by chapter 18.16 shall be $250.00.
(11)
A processing fee of $1.50 shall be added to each license processed online.
(12)
A processing fee of three percent will be added to all credit/debit card purchases that are not made online.
(13)
A license processing fee in the amount of $10.00 shall be charged to the city for each license issued by the department to a person residing in the city.
(g)
Any "assistance dog" such as a guide dog, signal dog or service dog as defined in California Food and Agriculture Code, Section 30850(a), if such dog is in the possession and under the control of, in the case of
a guide dog, a blind person, or in the case of a signal dog, a deaf or hearing impaired person, or in the case of a service dog, a physically disabled person, or where such dog is in the possession and under the control of a bona fide organization having as its primary purpose the furnishing and training of guide dogs for the blind, signal dogs for the deaf or hearing-impaired, or service dogs for the physically disabled, is required to obtain an assistance dog identification tag and a current license. The current license tag and assistance dog tag must be affixed to the dog's collar. The assistance dog identification tag will only be provided when the owner provides proof of a current license, submits the application for the tag and provides a signed affidavit that meets the requirements of California Food and Agriculture Code, Section 30850(b). The assistance dog identification tag will be provided at no fee.
(h)
No fee shall be required for a license for any dog owned by a public entity.
(i)
Each license specified in this section shall be valid for the period specified in this section 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 director 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.
(j)
If an application for a license is made more than 30 days after the date a dog license is required under this chapter, the applicant shall pay, in addition to the applicable license fee, a late fee of $25.00. A late fee for an altered dog owned by a senior citizen is established at $15.00.
(k)
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 director, 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 canceled 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 during said remaining period to the license fee for another dog acquired by the same owner.
(l)
Upon transfer of ownership of any dog validly licensed under this chapter, the new owner shall notify the director of such transfer within 30 days of such transfer, on a form prescribed by the director, accompanied by a transfer fee of $6.00.
(m)
Notwithstanding the provisions of subsection (a) of this section, where a person moves into the city from another community who owns a dog which is currently vaccinated against rabies and for which dog a license was issued by such other community, such license shall be deemed valid for a period of one year from the date such person moves into the city or on the date of expiration of the license issued by such other community, whichever is earlier. If an application for a license from the director is made more than 30 days after such license is required, the applicant shall pay, in addition to the applicable license fee, a late fee of $25.00.
(n)
If a valid license tag is lost or destroyed, a duplicate thereof may be procured from the director upon submission to the director 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 of $6.00.
(o)
Upon request of the director, any owner of a dog for which a license is required under the provisions of this chapter shall present to the director a currently valid certificate of rabies vaccination or license tag.
(p)
It is 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. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.030. - Control of unspayed and unaltered cats.¶
It is unlawful for any person who owns, harbors or keeps any unspayed or unaltered cat four months of age or older within the city to allow or permit such unspayed or unaltered cat to be or remain outdoors in the city.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.040. - Optional licensing for cats.¶
An owner of a cat may be issued a license and tag for such cat upon presentation to the director of a certificate of vaccination signed by a veterinarian certifying that such a cat has been vaccinated, and upon the payment of a license fee of $3.00. The license shall be valid for the period of immunity indicated in the certificate of vaccination.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.050. - Mandatory licensing of kennels and catteries.¶
(a)
Any person maintaining five or more dogs shall obtain the appropriate kennel license.
(b)
No person shall operate or maintain a class I kennel, class II kennel, class III kennel, class IV kennel, sentry dog kennel or cattery without first obtaining verification from the city that the operation of the kennel or cattery is in compliance with applicable provisions of the zoning code and obtaining the appropriate license from the department.
(c)
Application for a kennel or cattery license shall be filed with the director on a form prescribed by him/her not later than ten days after obtaining written verification from the city that the operation of the kennel or cattery is in compliance with applicable provisions of the zoning code. Said application form, when completed, shall contain such information as may reasonably be required by the director for the purposes of enforcement of this chapter, including but not limited to:
(1)
The verification issued by the city that the operation of the kennel or cattery is in compliance with the zoning code;
(2)
The current home telephone number of the caretaker of the subject kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent for the subject kennel or cattery.
(3)
Where a kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel or cattery may be maintained and operated on such premises shall be submitted to the director at the time the application for the kennel or cattery license is submitted.
(d)
Such a license shall be valid for a period of either one or two years from the date of issuance. Said license shall be renewed within 30 days after the date of expiration. Where a kennel license has been issued and is in effect, the dogs contained in such kennel shall be exempt from the requirements of individual license tags as provided in section 18.08.020 of this chapter. The class I kennel, class II kennel, class III kennel, class IV kennel, sentry dog kennel, cattery license fees, and late fees, shall be as set forth below. If an application for a license or renewal of a license is made more than 30 days after such license is required or such previous license has expired a late fee of 50 percent of the applicable fee shall be added.
KENNEL LICENSE
| Class I (5—10 dogs) | |
|---|---|
| 1 year license, Unaltered | $250.00 |
| 2 year license, Unaltered | $450.00 |
| 1 year license, Altered | $150.00 |
2 year license, Altered $250.00
COMMENTS:
Altered: All dogs are spayed and/or neutered.
Unaltered: One or more dogs are not spayed and/or neutered.
Late fee: Fifty (50) percent of the applicable fee(s). ;eop;
| Class II (11—25 dogs) | |
|---|---|
| 1 year license, Unaltered | $350.00 |
| 2 year license, Unaltered | $600.00 |
| 1 year license, Altered | $250.00 |
| 2 year license, Altered | $400.00 |
COMMENTS:
Altered: All dogs are spayed and/or neutered.
Unaltered: One or more dogs are not spayed and/or neutered.
Late Fee: Fifty (50) percent of the applicable fee(s).
| Class III (26—40 dogs) | |
|---|---|
| 1 year license, Unaltered | $450.00 |
| 2 year license, Unaltered | $750.00 |
| 1 year license, Altered | $350.00 |
| 2 year license, Altered | $550.00 |
COMMENTS:
Altered: All dogs are spayed and/or neutered.
Unaltered: One or more dogs are not spayed and/or neutered.
Late fee: Fifty (50) percent of the applicable fee(s).
| Class IV (41+ dogs) | |
|---|---|
| 1 year license, Unaltered | $550.00 |
| 2 year license, Unaltered | $900.00 |
| 1 year license, Altered | $450.00 |
| 2 year license, Altered | $700.00 |
COMMENTS:
Altered: All dogs are spayed and/or neutered.
Unaltered: One or more dogs are not spayed and/or neutered.
Late fee: Fifty (50) percent of the applicable fee(s).
| Sentry Dog Kennel | |
|---|---|
| 1 year license, Unaltered | $500.00 |
| 2 year license, Unaltered | $800.00 |
| 1 year license, Altered | $400.00 |
| 2 year license, Altered | $600.00 |
COMMENTS:
Altered: All dogs are spayed and/or neutered.
Unaltered: One or more dogs are not spayed and/or neutered.
Late fee: Fifty (50) percent of the applicable fee(s).
| Cattery License | |
|---|---|
| 1 year license, Unaltered | $250.00 |
| 2 year license, Unaltered | $400.00 |
| 1 year license, Altered | $200.00 |
| 2 year license, Altered | $300.00 |
COMMENTS:
Altered: All cats are spayed and/or neutered.
Unaltered: One or more cats are not spayed and/or neutered.
Late fee: Fifty (50) percent of the applicable fee(s).
(e)
After receipt of a kennel or cattery license application, the director shall make an inspection of the premises of the kennel or cattery for which a license is requested. No kennel or cattery license shall be issued nor shall any such license be renewed, unless and until the kennel or cattery, in the opinion of the director, satisfies the applicable laws and regulations of the state, the applicable ordinances of the city and the applicable conditions set forth in the standards for kennels and catteries adopted by resolution of the city council. Notwithstanding any other provision of this chapter, the director or the city community development director may, in their respective discretion, limit the numbers of dogs or cats over the age of four months which are kept or maintained in any kennel or cattery, and such limitation may be imposed at such time as an application for an initial kennel or cattery license is considered or at such time as an application for renewal of a kennel or cattery license is considered.
(f)
Notwithstanding any other provision of this chapter, the director is authorized to enter upon and inspect the premises of any kennel or cattery located in the city for the purpose of determining whether such kennel or cattery is in compliance with the provisions of this chapter and the standards for kennels and catteries referred to in subsection (c) of this section. As a condition of the issuance of a kennel or cattery license, each owner and operator of a kennel or cattery shall agree to allow such entry and inspection and such agreement shall be made a part of the license application. Such inspections shall be made during reasonable hours at times when the owner or operator of the kennel or cattery is present on the kennel or cattery premises, and with such frequency as the director shall deem appropriate, and such inspections
may, at the discretion of the director, be made without prior notice to the owner or operator of the subject kennel or cattery. Willful refusal on the part of a kennel or cattery owner or operator to allow such inspection shall be grounds for summary denial of an application for a kennel or cattery license or for summary suspension or revocation of a kennel or cattery license.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021; Ord. No. 23-22, § 1, 2-8-2023)
Sec. 18.08.060. - Animal rescuer.¶
(a)
Any person engaged in the rescue of animals, shall first obtain a rescue permit from the department and shall meet all requirements and standards for a kennel/cattery license.
(1)
For an animal rescuer that is not a valid nonprofit corporation formed pursuant to the provisions of the Corporations Code § 10400 et seq., for the prevention of cruelty to animals, the animal rescuer may keep two dogs with a rescue permit and no minimum land requirement so long as all other requirements and standards for a kennel license, referred to in subsection (c) of this section, are met.
(2)
For an animal rescuer that is a valid nonprofit formed pursuant to the provisions of the Corporations Code § 10400 et seq., for the prevention of cruelty to animals, the animal rescuer may maintain up to ten dogs with a rescue permit and no minimum land requirement so long as all other requirements and standards for a kennel license are met. Such animal rescuer shall not need to obtain a class I kennel permit.
(3)
For an animal rescuer maintaining 11 or more dogs a class II kennel license is required, and the minimum land requirement shall be one acre.
(4)
For an animal rescuer maintaining ten or more cats a cattery license is required, and the minimum land requirements shall be one acre.
(b)
The fees for a kennel cattery rescue permit for a rescue facility shall be as follows:
(1)
$60.00 for up to six rescue dogs (with a late fee of 50 percent of one year) for one year or $100.00 for two years.
(2)
$120.00 for seven to ten dogs (with a late fee of 50 percent of one year) for one year or $200.00 for two years.
(3)
100 percent of the applicable kennel or cattery license fee in those cases where a kennel or cattery license is required.
(c)
An animal rescuer may keep a maximum of four personal (not for adoption or sale) dogs and nine personal (not for adoption or sale) cats and must include these animals as personal pets on the animal rescue permit application. These animals are included in the overall count that will change the category to class II kennel permit for 11 dogs or more and a cattery license for ten or more cats.
(d)
Personal dogs (not for adoption or sale) shall be individually licensed in accordance with this section.
(e)
A permitted animal rescuer obtaining animals from a shelter facility pursuant to section 18.08.110(g) shall not be subject to the payment of impound fees and charges specified in section 18.08.110(a), but may be subject to the spay/neuter deposit specified in section 18.08.120(a).
(f)
All rescued dogs and rescued cats older than four months must be spayed/neutered prior to releasing to an adopting party. In any event, the animal must be altered within 30 days of receipt by the rescuer.
(g)
Accurate and complete records of all animals shall be maintained by the animal rescuer on forms which will be made available to the department for inspection upon request.
(h)
An animal rescuer may recoup, from the adopting party, the cost of any inoculations, the cost incurred by having the animal altered prior to adoption, and any costs related to the treatment of illness or injury.
(i)
Administration of the animal rescue program shall be the responsibility of the animal services director who shall have the authority to issue and revoke animal rescue permits.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.070. - Denial, suspension, revocation and appeal of kennel or cattery license.¶
(a)
The director may, in his/her discretion, deny any application for a kennel or cattery license whether such application is for an original license or renewal of a license, and may suspend or revoke any kennel or cattery license if he finds that a kennel or cattery fails to meet any or all of the standards for kennels and catteries referred to in section 18.08.050(c) or is in violation of any law of the state or any provision of this chapter, any provision of any other city ordinance or provision of a conditional use permit.
(b)
When such denial, suspension or revocation occurs, the director shall prepare a written notice of such denial, suspension or revocation which shall contain a brief statement of the reason or reasons for such denial, suspension or revocation. The director shall serve such notice upon the applicant or licensee by hand delivery or by registered or certified mail, postage prepaid, return receipt requested. Denial, suspension or revocation shall be effective 30 days after service of such notice. Where an application for a kennel or cattery license is denied or where a kennel or cattery license issued pursuant to this chapter is revoked, no application for a new license for such kennel or cattery shall be considered for a period of one year from the effective date of such denial or revocation; provided, however, that for good cause shown the city council may direct that there be a lesser period of time before such application will be considered.
(c)
Any person whose application has been denied or whose license has not been renewed, or whose license has been suspended or revoked, may appeal such denial, nonrenewal, suspension or revocation by filing with the city clerk within 15 days after notice of such denial, suspension or revocation, a written notice of appeal briefly setting forth the reasons why the appellant alleges such denial, nonrenewal, suspension or revocation is improper. Within five days of the receipt by the city clerk of such notice of appeal, the city clerk shall set a hearing date for the appeal and shall give written notice of the date, time and place of such hearing to the appellant, and such notice shall be sent by registered or certified mail, postage prepaid, return receipt requested. The date of hearing shall be not less than 20 days from the date of mailing of the notice of the date, time and place of the hearing, and the hearing shall be conducted not later than 45 days from the date of mailing of the notice of denial, nonrenewal, suspension or revocation; provided, however, that at the request of the appellant, the city clerk may extend the hearing date for a reasonable period beyond the aforementioned 45-day limit. The appeal shall be heard by the city council which may affirm, modify or reverse the denial, nonrenewal, suspension or revocation. In conducting the hearing, the city council shall not be limited by the technical rules relating to evidence and witnesses, as applicable in courts of law. To be admissible, 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 denial, nonrenewal, suspension or revocation; provided, however, that during the period of pendency the director may take such action as he/she deems appropriate under this chapter, including but not limited to the abatement of public nuisances, inspection of the kennel or cattery premises, or the prosecution of any violation of this chapter or any other provision of law not related to the failure of the subject kennel or cattery to be currently and otherwise validly licensed.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.080. - Duties and powers of officers.¶
(a)
It is the duty of all peace officers within the city, to cooperate with and assist the director, environmental health director and the animal services director in the enforcement of the provisions of this chapter, and in the enforcement of state law relating to the regulation, care and/or keeping of animals, and such peace officers and the animal services director/designee shall be empowered to:
(1)
Receive, take up and impound any dog or other animal found running at large in violation of this chapter, of any other ordinance or of any law of the state;
(2)
Issue a warning notice for, citation for, or investigate any violation of any provision of any city ordinance or state law regarding the care or keeping of animals;
(3)
Investigate whether a dog is licensed in compliance with the requirements of this chapter;
(4)
Seize and impound any animal as authorized by this chapter, or any other ordinance or state law. When the animal to be taken or seized is located inside a private residence or in its curtilage, a judicial order directing seizure of the animal shall, absent exigent circumstances, be obtained prior to seizure;
(5)
Regularly and adequately feed, water and otherwise care for any animals impounded under the provisions of this chapter, other ordinance or state law or to provide for such feeding and/or watering and care;
(6)
Follow the provisions of this Code in humanely destroying or giving emergency care to sick or injured animals.
(b)
Any peace officer, the department animal services officer, the animal services director, the environmental health director, or the director charged with the responsibility for enforcement of the provisions of this chapter, other ordinance or state law governing animals may arrest a person without warrant whenever he has reasonable cause to believe that the person to be arrested has committed an infraction or misdemeanor in his presence, or a felony which is in violation of this chapter, other ordinance governing animals or state law regulating the care and/or keeping of animals.
(c)
In any case in which a person arrested does not demand to be taken before a magistrate regarding:
(1)
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 Penal Code § 853.5;
(2)
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 Penal Code § 853.6.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.090. - Entry upon private property.¶
(a)
Notwithstanding any provision in this chapter relating to entry upon private property for any purpose under this chapter, no such entry may be conducted:
(1)
Without the express or implied consent of the property owner or the person having lawful possession thereof; or
(2)
Unless an inspection warrant has been issued and the entry is conducted in accordance with California Code of Civil Procedure, Sections 1822.50 through 1822.56, inclusive, or
(3)
Except as may otherwise be expressly or impliedly permitted by law.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.100. - Capture of dogs running at large.¶
In the interest of public health and safety, it shall be lawful for any person to take up, in a humane manner, any dog running at large in violation of this chapter and to promptly deliver such dog to the animal services director.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.110. - Impounded dogs and cats and service fees.¶
(a)
An impounded dog or cat may be redeemed upon payment of the following fees:
(1)
The director shall charge and collect from each person redeeming an unaltered impounded animal a state mandated unaltered animal fine of $35.00 for the first offense, $50.00 for the second offense, and $100.00 for the third offense, plus the actual costs of transporting the animal to impound, the actual costs of veterinary and related services rendered to the animal while impounded, the actual costs of sale incurred, and the actual costs of any extraordinary measures required of or for the handling and maintenance of the animal while impounded.
(2)
The director shall charge and collect from each person redeeming an altered or unaltered impounded animal an impounding fee of:
a.
$50.00 for the first offense;
b.
$100.00 for the second offense; and
c.
$150.00 for the third offense;
plus the actual costs of transporting the animal to impound, the actual costs of veterinary and related services rendered to the animal while impounded, the actual costs of sale incurred, boarding fees, and the actual costs of extraordinary measures required in or for the handling and maintenance of the animal while impounded.
(3)
Notwithstanding any other provision of this chapter, where a sterile dog or sterile cat belongs to a person 60 years of age or older is impounded and the owner produces a certificate, signed by a veterinarian that such animal is permanently unable to reproduce, the base impoundment fee for such animal shall be 50 percent of the applicable impoundment fee specified in this chapter plus boarding fees.
(4)
A processing fee of $25.00 shall be added to all administrative citations.
(5)
A processing fee of $19.00 shall be added to all approved payment plans. This fee is to be charged annually, on the anniversary date, or closest business date after anniversary date.
(6)
A processing fee of $28.00 will be added to all payment plans sent to the franchise tax board in an effort to collect past due amounts. This fee is to be charged annually, on the anniversary date, or closest business date after anniversary date.
(7)
When a check is presented for payment and the constituents balance in their bank is insufficient to cover the amount of the charge; a fee of $25.00 shall be added to the amount owed by the constituent.
(b)
The fee for destruction and disposal of any horse, donkey, burro or other large animal in accordance with any provision of this chapter shall be $193.00.
(c)
The fee for destruction and disposal of any dog, cat, or other small animal in accordance with any provision of this chapter, shall be $25.00.
(d)
Any dog, four months of age or older, which has been impounded shall not be released from impoundment unless it is licensed in accordance with the provisions of this chapter.
(e)
An officer acting under the provisions of this chapter who impounds a dog or cat shall give written notice of the impound by first class mail, postage prepaid, to the identified address on the animal or last known owner address provided in city records, if the dog or cat is:
(1)
Wearing a city dog or cat license tag;
(2)
Wearing any other identification tag containing an address; or
(3)
Microchipped.
If such dog or cat is not redeemed within ten calendar days from the date of the mailing of such notice, the officer having custody of the dog or cat shall dispose of it in accordance with the provisions of subsection (g) of this section, or shall humanely destroy such dog or cat.
(f)
Upon impounding a stray dog or a stray cat, the holding period for such stray dog or cat shall be in accordance with state law, as appearing in Food and Agricultural Code §§ 31752 and 31108 or other such applicable state law, as amended from time to time.
(g)
The officer having custody of any impounded dog, cat or other animal may, by humane methods, summarily destroy such dog, cat or other animal if:
(1)
The animal is suffering from any incurable, dangerous or contagious disease, providing a veterinarian shall certify, in writing, that such animal is so suffering;
(2)
In the officer's best judgment it would be inhumane and cause needless suffering to prolong the life of the animal in order to see a veterinarian; or
(3)
It is an unlicensed vicious dog, cat or other animal.
(h)
Any officer having in his custody any unredeemed, impounded dog or cat may release such dog or cat to any adult individual upon payment by that individual of the impound fees and charges specified in subsection (a) of this section, or to a nonprofit corporation formed under the provisions of the Corporations Code § 10400 et seq., for the prevention of cruelty to animals or to a nonprofit organization formed under the laws of the state for the prevention of cruelty to animals, for such sale or placement as such nonprofit corporation or nonprofit organization may choose. Releases of dogs or cats to such nonprofit corporations or nonprofit organizations pursuant to subsection (g) of this section shall not be subject to the payment of the impound fees and charges specified in subsection (a) of this section.
(i)
It is unlawful for any person to remove an impounded animal from an animal control shelter or animal control transport vehicle without the permission of the officer in charge thereof.
(j)
Animal control officers choosing to return an impounded animal to the owner, in the field, may collect a field return impound fee of $40.00.
(k)
Animal control officers picking up owned animals at the request of the owner, shall collect a fee of $30.00 from the owner.
(l)
Animal control officers investigating and authorizing a home quarantine shall collect a fee of $50.00 from the owner or custodian of the animal.
(m)
Animal control officers providing assistance with trap service, for feral animals or nuisance wildlife that are not considered a public health risk, shall collect a service fee of $20.00 for the first five days and $2.00 per day for each additional day after the fifth day.
A fee of $73.00 shall be charged for all cat traps which are lost or destroyed.
A fee of $355.00 shall be charged for all dog traps which are lost or destroyed.
A fee of $90.00 shall be charged for all other traps which are lost or destroyed.
(n)
Owners of animals impounded for quarantine at a county facility shall be charged a quarantine fee of $10.00 per day in addition to the regular daily boarding fee.
(o)
The hourly rate for the recovery of administrative costs associated with the recoupment of enforcement costs, as provided in this chapter, shall be $53.00.
(p)
The fee for a microchip identification device shall be $21.00 per animal; the fee shall be $12.00 when adopting an animal from a county animal shelter.
(q)
The fee for after-hours personnel assistance is $104.00 per hour. The after-hours charge shall commence after the close of normal business hours and shall be in addition to any other applicable fees set forth in this chapter.
(r)
The fee(s) for adopting any unredeemed, impounded dog or cat will be based on a tired system that includes vaccinations, microchipping, deworming, spay or neutering, and adoption charges. Senior citizens and disabled people will be charged at 50 percent of the applicable charges. To reduce and/or eliminate the euthanasia of adoptable dogs and cats, the director or designee shall have the discretion to decrease or entirely waive the adoption fees for last-chance-adoptions, which are adoptions of urgent animals scheduled for euthanasia. The director or designee shall have the discretion to decrease the adoption fees of animals adopted at special events in order to promote the adoption of impounded animals. The director or designee shall also have the discretion to waive 50 percent of the applicable tiered fee if the animal is adopted by the foster care provider currently providing care for the animal or for an employee of the city.
The following fees for dogs are based on time in shelter and shall apply as follows:
Dogs zero to 15 days .....$105.00
Dogs 16 to 30 days .....$55.00
Dogs more than 30 days .....$20.00
The following fees for cats are based on age of cat or kitten and shall apply as follows:
Kittens eight weeks to four months of age .....$65.00
Kittens more than four months to one year of age .....$45.00
Cats more than one year of age .....$25.00
(s)
For animals turned in at shelters, the owner turn-in fee shall be $20.00.
(t)
Animals impounded and sheltered at a County of Riverside animal shelter facility shall be charged a boarding fee of $20.00 per day.
(u)
The director shall charge and collect from each person the veterinarian and staff rates for the treatment of animals, as set forth below. The director shall also charge and collect for any additional costs for veterinary and related services rendered to the animal, and the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal. Veterinarian and staff rates for the treatment of animals and other related fees shall be as follows:
(1)
An hourly rate of $142.70 for doctors of veterinary medicine (DVM);
(2)
An hourly rate of $79.08 for supervising registered veterinary technicians (SRVT);
(3)
An hourly rate of $72.51 for registered veterinary technicians (RVT);
(4)
An hourly rate of $67.85 for veterinary technicians (VT);
(5)
An hourly rate of $94.79 for operations chiefs;
(6)
A fee of $8.00 for small animal pain management;
(7)
A fee of $15.00 for large animal pain management;
(8)
A fee of $18.00 for each injection;
(9)
A fee of $35.00 for sedation;
(10)
A fee of $8.00 for fluids;
(11)
A fee of $8.00 for small animal deworming;
(12)
A fee of $16.00 for large animal deworming;
(13)
A fee of $25.00 for large animal tube deworming, commonly referred to as tube worming;
(14)
A fee of $20.00 to clip/clean;
(15)
A fee of $18.00 for each horse vaccine;
(16)
A fee of $75.00 for exploratory surgery;
(17)
A fee of $8.00 for topical flea/tick treatment, also referred to as frontline;
(18)
A fee of $70.00 for animal emergency clinic fees;
(19)
A fee of $20.00 for each night animal is held overnight at an emergency clinic;
(20)
A fee of $70.00 for the first view of an X-ray, a fee of $20.00 for each additional view;
(21)
A fee of $15.00 for small animal daily oral medication; and
(22)
A fee of $25.00 for large animal daily oral medication.
(v)
The director shall charge and collect from the city the county's standard field and sheltering rates for services provided as set forth below. In addition, the director shall charge and collect from the city the county's standard community outreach event and enforcement sweep rates for services provided and other related fees, as set forth below. The fees stated herein shall be increased each fiscal year in an amount no less than the percentage rate of the most recently publicized Consumer Price Index - All Urban Consumer - All Items - Riverside - San Bernardino - Ontario areas. The standard rates and fees shall be as follows:
(1)
An annual contract rate of $172,640.00 for one full-time animal control officer (ACO) of the department working for a total of 2,080 hours annually, at an hourly rate of $83.00, during regular shifts between the hours of 7:30 a.m. through 5:00 p.m. less county holidays;
(2)
An annual contract rate $86,320.00 for one half-time animal control officer (ACO) of the department working for a total of 1,040 hours annually, at an hourly rate of $83.00, during regular shifts between the hours of 7:30 a.m. through 5:00 p.m. less county holidays;
(3)
A contract overtime hourly rate of $111.00 per hour for an animal control officer (ACO) of the department with two-hour minimum charge per service call;
(4)
An annual contract rate of $120,640.00 for one full-time animal licensing officer (ALO) of the department working for a total of 2,080 hours annually, at an hourly rate of $58.00, during regular shifts between the hours of 7:30 a.m. through 5:00 p.m. less county holidays;
(5)
An annual contract rate of $60,320.00 for one half-time animal licensing officer (ALO) of the department working for a total of 1,040 hours annually, at an hourly rate of $58.00, during regular shifts between the hours of 7:30 a.m. through 5:00 p.m. less county holidays;
(6)
A contract overtime rate of $80.00 per hour for an animal licensing officer (ALO) of the department with a two-hour minimum charge per service call;
(7)
A fee of $70.00 shall be charged for each deceased animal picked up within the boundaries of a contract city;
(8)
A fee of $138.00 shall be charged for wildlife impounded within the boundaries of a contract city;
(9)
A contract fee of $2,460.00 shall be charged for an enforcement sweep - six-hour day;
(10)
A contract fee of $2,553.00 shall be charged per community outreach event for a full day of service (nine hours), provided however that one outreach event may be included at no charge to the city for each increment of 1,600 impounded dogs and cats that are projected for any fiscal year covered by the contract;
(11)
An annual sheltering contract rate of $20.00 per day, per animal, for ten days, shall be charged for each impounded dog or cat. An accounting of all days that dogs or cats that have been sheltered by the Riverside County Department of animal services shall be made at the end of each calendar year, for the previous calendar year. An additional charge or credit toward the next month's invoice will be developed based off the actual number of days each contract city animal were housed; and
(12)
A sheltering maintenance fee for each shelter shall be applied on an impound basis and is used to help maintain each facility.
a.
The maintenance fee shall be $6.90 for the Blythe Animal Shelter.
b.
The maintenance fee shall be $10.86 for the San Jacinto Valley Animal Campus.
c.
The maintenance fee shall be $10.44 for the Coachella Valley Animal Campus.
d.
The maintenance fee shall be $12.53 for the Western Riverside County/City Animal Shelter.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.120. - Altered and unaltered animals.¶
(a)
Mandatory spaying and neutering.
(1)
Requirement. No person may own keep, or harbor an unaltered and unspayed 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 chapter. An owner or custodian of an unaltered cat must have the animal spayed or neutered, or provide a certificate of sterility.
(2)
Appointments are available to spay or neuter an unaltered dog or cat at the Riverside, San Jacinto and Blythe Animal Shelters. The demand for these appointments exceeds the number of slots available. In an effort to maximize the number of animals spayed or neutered; animal services will charge a $25.00 appointment fee that will be applied to the cost of spaying or neutering their animals, provided the customer keeps the appointment or contacts animal services 24 hours prior the appointment to reschedule.
(3)
Exemptions. 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 state-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.
In the event that any dog follows under section 18.08.120(a)3.a of this chapter, a mandatory spay and neuter deposit fee of $75.00 shall be paid before the animal is released from the shelter.
c.
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 state-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.
d.
In the event any cat follows under section 18.08.120 (a)3(c) of this chapter, a mandatory spay and neuter deposit fee of $40.00 shall be paid before the animal is released from the shelter.
e.
Animals owned by recognized dog or cat breeders, as defined by department of animal services policy.
f.
Females over the age of ten and males over the age of 12 are exempt from the spay and neuter requirement due to the biological improbability of reproduction, however, they will be required to purchase an unaltered license.
(b)
Denial or revocation of unaltered dog license and reapplication.
(1)
The department may deny or revoke an unaltered dog license for one or more of the following reasons:
a.
The owner, custodian, applicant or licensee is not in compliance with all of the requirements of this section;
b.
The department has received at least three complaints, verified by the department, that the owner, custodian, applicant or licensee has allowed a dog to be stray or run at large or has otherwise been found to be neglectful of his or her other animals;
c.
The owner, custodian, applicant or licensee has been previously cited for violating a state law, city code or other municipal provision relating to the care and control of animals;
d.
The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous, dangerous or vicious, or to be a nuisance within the meaning of the city ordinances or under state law;
e.
Any unaltered dog license held by the applicant has been revoked;
f.
The license application is discovered to contain a material misrepresentation or omission of fact.
(2)
Reapplication for unaltered dog license
a.
When an unaltered dog license is denied, the applicant may reapply for a license upon changed circumstances and a showing that the requirements of this chapter have been met. The department shall refund one-half of the license fee when the application is denied. The applicant shall pay the full fee upon reapplication.
b.
When an unaltered dog license is revoked, the owner or custodian of the dog 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.
a.
Notice of intent to deny or revoke. The department shall mail to the owner, custodian, licensee, or applicant a written notice of its intent to deny or revoke the license for an unaltered dog which includes the reasons for the denial or revocation. The owner, custodian, licensee or applicant may request a hearing to appeal the denial or revocation. The request must be made in writing within ten days after the notice of intent to deny or revoke is mailed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denial or revocation.
b.
Hearing officer. The hearing shall be conducted by the animal services director's designee.
c.
Notice and conduct of hearing. The department shall mail a written notice of the date, time, and place for the hearing not less than ten days before the hearing date. The hearing date shall be no more than 30 days after the department's receipt of the request for a hearing. The hearing will be informal and the rules of evidence will not be strictly observed. The department shall mail a written decision to the owner or custodian within ten days after the hearing. The decision of the hearing officer shall be the final administrative decision.
(2)
Change in location of dog. If the dog is moved after the department has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license, the owner, custodian, licensee or applicant must provide the department with information as to the dog's whereabouts, within ten days of the change in location of the dog, including the current owner or custodian's name, address and telephone number.
(d)
Transfer, sale and breeding of unaltered dog or cat.
(1)
Offer for sale or transfer of unaltered dog. 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. An owner or custodian 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.
(e)
Penalties. Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below:
(1)
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 ordinance violations include, but are not limited to, the following:
a.
Failure to possess a current canine rabies vaccination of the subject dog;
b.
Dog or cat at large;
c.
Failure to license a dog;
d.
Leash law violations;
e.
Kennel or cattery permit violations;
f.
Tethering violations;
g.
Unhealthy or unsanitary conditions;
h.
Failure to provide adequate care for the subject dog or cat in violation of the state Penal Code;
i.
Rabies quarantine violations for the subject dog;
j.
Operating a business without a license and/or lack of state tax ID number;
k.
Fighting dog activity in violation of Penal Code § 597.5;
l.
Animals left unattended in motor vehicles;
m.
Potentially dangerous, dangerous or vicious animals; and
n.
Noisy animals.
(2)
Should the owner or custodian of an unaltered dog or cat be found in violation of a state or local law, as stated in subsection (e)(1) of this section, the owner or custodian shall be required to spay or neuter the unaltered animal in accordance with this section.
(f)
Impoundment of unaltered dog or cat.
(1)
When an unaltered dog or cat is impounded pursuant to state and/or local law, in addition to satisfying applicable requirement for the release of the animal, including but not limited to payment of impound fees pursuant to this chapter, the owner or custodian shall also do one of the following:
a.
Provide written proof of the dog or cat's prior sterilization, if conditions cannot or do not make this assessment obvious to department personnel;
b.
Have the dog or cat spayed or neutered by a department veterinarian at the expense of the owner or custodian. Such expense may include additional fees due to extraordinary care required;
c.
Have the dog or cat spayed or neutered by another state-licensed veterinarian. The owner or custodian may arrange for another state-licensed veterinarian to spay or neuter the animal, and shall pay to the department the cost to deliver said animal to the chosen veterinarian. The cost to deliver the animal shall be based on the department's hourly rate established by the auditor-controller. The veterinarian shall complete and return to the department within ten days, a statement confirming that the dog or cat has been spayed or neutered or is, in fact, incapable of breeding and shall release the dog or cat to the owner or custodian only after the spay or neuter procedure is complete;
d.
At the discretion of the director, the dog or cat may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog or cat will be spayed or neutered and that he or she will submit a statement within ten days of the release, signed by the veterinarian, confirming that the dog or cat has been spayed or neutered or is incapable of breeding; or
e.
If the owner or custodian demonstrates compliance with this section.
(2)
Costs of impoundment.
a.
The owner or custodian of the unaltered dog or cat shall be responsible for the costs of impoundment, which shall include daily boarding costs, vaccination, medication and any other diagnostic or therapeutic applications, as provided in this chapter.
b.
The costs of impoundment shall be a lien on the dog or cat, and the unaltered animal shall not be returned to its owner or custodian until the costs are paid. If the owner or custodian of an impounded unaltered animal does not pay the lien against it in full within 14 days, the animal shall be deemed abandoned to the department in accordance with this chapter.
(g)
Application of fees and fines collected. All costs and fines collected under the part of the fees collected under this chapter and subsection (f) of this section shall be paid to the department for the purpose of defraying the cost of the implementation and enforcement of this program.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Editor's note— Formerly known as 'altered and unaltered animals.'
Sec. 18.08.125. - Requiring the mandatory spaying and neutering of pit bull breeds.¶
(a)
Findings.
(1)
In recent years, pit bulls comprise a disproportionately high number of unwanted dogs in the county, accounting for 20 percent of shelter dogs and 30 percent of dogs euthanized in the county.
(2)
While the majority of pit bull owners are responsible and take appropriate measures to ensure that their dogs do not have unwanted offspring, there is a need to mitigate the large number of unwanted pit bulls in the county.
(3)
Restricting the maintenance of and breeding of intact pit bulls and requiring the spaying and neutering of pit bulls will not prevent responsible pet owners and pet breeders from owning, breeding, or showing pit bull breeds.
(b)
Purpose. To protect the public's health and welfare from irresponsible owners of pit bulls by mitigating the over population of unwanted pit bulls.
(c)
Authority. This section is adopted pursuant to Health and Safety Code section 122331, which authorizes counties to enact mandatory breed specific spay/neutering programs.
(d)
Exemptions. The following pit bulls are exempt from the regulations described in this section:
(1)
Currently licensed pit bulls whose owners are registered breeders with the county's department of animal services.
(2)
A pit bull that has been appropriately trained and is actually being used by a public law enforcement agency for law enforcement purposes.
(3)
A pit bull that is an assistance dog as defined in Food and Agricultural Code section 30850.
(4)
A pit bull which has been certified by a licensed veterinarian as having a health reason for not being spayed/neutered.
(5)
A pit bull which is in training at a licensed kennel and is currently licensed by the owner in another jurisdiction. The owner of the pit bull has the burden of showing that said pit bull is licensed in another jurisdiction.
(6)
A dog that is pending a breed determination when the dog owner or custodian requests such a determination in accordance with subsection (f) of this section.
(e)
Definitions. As used in this section, the following terms shall have the following meanings:
County. County of Riverside.
Department. County of Riverside Department of Animal Control.
Pit bull. Any Staffordshire Bull Terrier, American Pit Bull Terrier, or American Stafford Terrier breed of dog, or any mixed breed of dog which contains, as an element of its breeding, any of these breeds so as to be identifiable as partially of one or more of these breeds.
(f)
Determination of breed.
(1)
Upon written request of any dog owner or custodian, the department's chief veterinarian or designee will schedule a breed determination appointment to determine whether a dog is a pit bull.
(2)
The department shall mail the requesting dog owner or custodian written notice of the date, time, and place for the appointment not less than ten days before the appointment date. The appointment date shall be no more than 30 days after the department's receipt of the request for a breed determination.
(3)
The department shall mail written results of breed determination to the requesting owner or custodian within ten days after the appointment
(4)
The above mentioned breed determination results are prima facie evidence of the facts stated therein. On appeal, the dog owner or custodian appealing a breed determination has the burden to show that the dog is not a pit bull.
(5)
If the dog owner or custodian is cited for violation of this section after the department has determined that the dog is a pit bull, the citation may be appealed as provided in subsection (h) of this section.
(g)
Mandatory spay neutering of pit bull breed dogs. No person shall own or possess a pit bull over the age of four months that has not been spayed or neutered, except as provided for in subsection (d) of this section.
(Ord. No. 21-03, § 1, 4-28-2021))
Sec. 18.08.130. - Mandatory microchipping of dogs and cats.¶
(a)
All dogs and cats 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 sections 18.08.020, 18.08.050 and any other licensing requirements of this chapter.
(b)
Exemptions. The mandatory microchipping 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 or custodian must obtain written confirmation of the fact from a state-licensed 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 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 state-licensed 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.
(3)
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 and ordinances 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.
(c)
Transfer, sale of dogs and cats.
(1)
An owner or custodian 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 or custodian shall also advise the department of the name and address of the new owner or custodian in accordance with subsection (a) of this section. An owner or custodian who offers any dog, 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 chapter and shall be subject to the penalties set forth herein.
(2)
An owner or custodian who offers any cat, 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 microchip numbers must appear on a document transferring the cat 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 subsection (a) of this section. An owner or custodian who offers any cat, 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 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 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 chapter.
(d)
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 pursuant to this chapter, the owner or custodian shall also do one of the following:
(1)
Have the dog or cat implanted with a department microchip by a department registered veterinarian technician or veterinarian or designated personnel at the expense of the owner or custodian;
(2)
Have the dog or cat implanted with a department-approved microchip by a state-licensed veterinarian. The owner or custodian may arrange for another state-licensed veterinarian to perform the implant, and shall pay to the department the cost to deliver the dog or cat to the chosen veterinarian. The cost to deliver the dog or cat shall be based on the department's hourly rate established by the county auditor-controller. The veterinarian shall complete and return to the department within ten days, a statement confirming that the microchip has been implanted, provide the department with the number and shall release the dog or cat to the owner or custodian only after the procedure is complete; or
(3)
At the discretion of the director of animal services, the dog or cat may be released to the owner or custodian if he signs a statement under penalty of perjury, representing that the dog or cat will be implanted with a microchip and that he will submit a statement within ten days of the release, signed by a state-licensed veterinarian, confirming that the dog or cat has been so implanted and provide the microchip number to the department or allow the department to scan the dog or cat for the microchip to verify.
(e)
Fees for microchip identification device. The fee for an identifying microchip device shall be included in the cost of adoption when adopting a dog or cat from a county animal shelter. The fee for an identifying microchip device shall be the amount set forth in section 18.08.110(p) per animal for all other animals. 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 department's registry as required by subsection (a) of this section.
(f)
Allocation of fees and fines collected. All costs, fees, and fines collected under this section shall be paid to the department for the purpose of defraying the cost of the implementation and enforcement of this program and for low cost microchipping programs administered by the department.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.140. - Public spay and neuter clinics.¶
(a)
Authority for clinics. Pursuant to California Food and Agricultural Code Sections 30503 and 31751.3, the director of the department of animal services is hereby authorized and directed to establish clinics where residents of the city may have dogs and cats spayed or neutered in a humane manner.
(1)
Fees for services provided by such clinics shall be determined in a minimum amount to offset the cost of operating such clinics and shall be consistent with the intent of this section for providing low-cost, non- profit, spay and neuter services to the public. Fees shall be established by the city council.
(2)
Persons submitting dogs or cats for spay and neuter services shall sign a consent form certifying under penalty of perjury that they are the owner of said animal or are otherwise authorized to present the animal for the spay or neuter operation and such persons may be required to furnish proof of such ownership or authority.
(3)
Such consent shall contain a waiver of any and all liability of the County of Riverside, the Riverside County Department of Animal Services, and any other county employees for any injury or death to an animal arising out of the aforementioned operation or any services provided incidental thereto.
(4)
The Riverside County Department of Animal Services shall establish a return date by which a person submitting animals for the aforementioned operation shall pick-up said animals or be subjected to reasonable board and care fees to commence the day after such return date.
(5)
Failure to pick up an animal within 15 days of said return date shall be deemed abandonment of said animal and department of animal services may dispose of it by sale, adoption or destruction.
(b)
Fees for spay and neuter services. The fees for spay and neuter services at clinics established by the Riverside County Department of Animal Services shall be as follows:
a.
Any dog .....$100.00
b.
Any cat .....$55.00
The above spay and neuter fees shall be included in the flat-rate adoption fee at the time of adoption if the dog or cat is adopted from an animal shelter operated by the Riverside County Department of Animal Services.
(c)
Fee for contract spay and neuter clinic services. The fee for contract spay and neuter clinic services at a shelter operated by the Riverside County Department of Animal Services for a full day of services shall be $6,862.00.
(d)
Fees for contract shot clinic services. The fees for contract shot clinic services and spay/neuter bus services for a full day of services shall be as follows:
a.
Contract shot clinic and microchipping services .....$3,000.00
b.
Spay and neuter bus services .....$3,000.00
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.150. - Stray or barking dogs.¶
It is unlawful for the owner or person in charge of any dog, whether licensed or unlicensed, to permit such dog to run at large.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.160. - Cat trapping.¶
It is unlawful for any person to set or maintain an operating trap for a cat unless a sign is posted on the property stating that such a trap is in the use on the property. The sign shall be clearly visible from the road serving the property on which the trap is set or maintained and shall remain posted and visible at all times while the trap is in use. Trapping shall not continue for more than ten days in a 30-day period. If a person maintaining a trap should trap a lactating female cat, the person shall immediately release the cat thereby eliminating the chance of removing a cat that may be nursing kittens. This section shall not apply when the trap is being used for rabies control as determined in writing by the department of animal services.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.170. - Rabies suppression, control and quarantine.¶
(a)
If it shall appear to the director that any animal has rabies, the director may destroy such animal forthwith, or may hold such animal for further examination or observation for such time as the director may determine to be appropriate.
(b)
Whenever any animal has been bitten by an animal which has rabies, which exhibits any symptoms of rabies or which is otherwise suspected of having or having been exposed to rabies, the owner or person having custody of such bitten animal shall immediately notify the director, and shall immediately confine the animal and maintain that confinement until it is established, to the satisfaction of the director, that such animal does not have rabies. The director shall have the power to quarantine any such animal, or impound it at the owner's expense if the owner or person having custody of such animal shall fail, refuse, or is unable, in the opinion of the director, to adequately confine such animal immediately, or in the event the owner or person having custody of such animal is not readily accessible.
(c)
Whenever it is shown that any animal has bitten any person, the owner or person having custody of such animal shall, upon the order of the director, quarantine such animal and keep it confined at the owner's expense for a minimum period of ten days for dogs and cats and 14 days for all other animals, and shall allow the director to make an examination of such animal at any time during such period of quarantine. Animals quarantined pursuant to this subsection shall not be removed from the premises upon which such animal is quarantined without permission of the director. The director is hereby authorized to impound any animal at the owner's expense in the event the owner or person having custody of such animal fails or refuses to so confine such animal. Animals quarantined pursuant to this subsection shall remain under quarantine until notice is given by the director that such quarantine is terminated.
(d)
The director may, at his or her discretion, post or cause to be posted an appropriate sign on any premises where an animal is quarantined pursuant to this chapter, for the purpose of warning the public of the fact of such quarantine. It shall be unlawful for any person to remove a sign posted pursuant to this subsection without the permission of the director.
(e)
Whenever the director shall determine that an epidemic of rabies exists or is threatened, the director shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including but not limited to the declaration of quarantine against any or all animals in any area of the city as the director may determine and define, for a period of not more than 120 days. An additional or extended quarantine period shall be deemed necessary by the director for the protection and preservation of the public health, peace and safety. Any quarantine declared pursuant to this subsection, other than as restricted herein, shall be upon such conditions as the director may determine and declare.
(f)
No person shall bring a dog into the city from any city located in the county in which a reported case of rabies exists or has existed within the past six months, nor shall any person bring a dog into the city from any county, city, state or country in which a reported case of rabies exists or has existed within the preceding six months.
(g)
In order to protect the public health from the hazard of rabies which has been found to exist in skunks, a quarantine is hereby imposed to continue until released by the director, whereby it is prohibited to:
(1)
Trap or capture skunks for pets;
(2)
Trap, capture or hold skunks in captivity for any reason;
(3)
Transport skunks from or into the city except pursuant to a permit issued by the state department of health services pursuant to title 17, California Administrative Code § 2606.8.
(h)
Any exotic or hybrid animal shall be vaccinated and/or quarantined pursuant to state law.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.180. - Placement requirements.¶
(a)
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:
(1)
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); and/or
(2)
The license number and name of licensing agency of each of the dogs (in the case of animals four months or more of age); and/or
(3)
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);
and/or
(4)
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 animals four months or more of age).
(b)
This section shall not apply to public animal shelters or nonprofit humane societies which are in compliance with Food and Agricultural Code §§ 30503 and 31751, nor shall it apply to persons who relinquish animals to such shelters or societies.
(c)
Violators subject to citation are to be furnished with a list of low-cost or no-cost spay and neuter resources.
(d)
It is unlawful for any person to make use of stolen, counterfeit or unauthorized license, tag, certificate or any other document or item for the purpose of evading the provisions of this section.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.190. - Prohibition of sales or the giving away of dogs and cats on public…¶
No person shall, in the city, offer for sale or sell or give away or transfer for adoption any cat, kitten, dog or puppy on any public street, public sidewalk or public park.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.200. - Enforcement.¶
(a)
The animal services director shall supervise the administration and enforcement of this chapter and of the laws of the state pertaining to the care and control of animals and shall have charge of the department of animal services employees and facilities.
(b)
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 chapter 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 chapter in the manner prescribed in this chapter.
(c)
It is 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/her duties as provided in this chapter.
(d)
Nothing in this chapter shall prevent the animal services director from acting, when he deems it appropriate to do so, under the applicable provisions of the Penal Code § 597 et seq.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.210. - Violation.¶
(a)
In addition to the remedies and penalties contained in this chapter, any person violating any provision of a city animal control ordinances shall be guilty of an infraction, unless otherwise stated in such city animal control ordinances, and upon conviction thereof shall be punished by a fine not exceeding:
(1)
$100.00 for the first violation;
(2)
$200.00 for the second violation within one year;
(3)
$500.00 for each additional violation within one year.
Each day a violation is committed or permitted to continue shall constitute a separate offense.
(b)
Persons receiving a citation for any infraction resulting from a violation of this chapter, may choose to clear the citation within ten days, thereby avoiding a visit to court and a potentially higher court fine, by demonstrating their compliance to the animal services director through their written, signed agreement and paying an administrative fee of $60.00 to the department.
(c)
Persons who violate a home quarantine, fail to produce an animal for quarantine upon demand, or in any other way interfere with rabies investigation, shall be guilty of a misdemeanor, pursuant to the Health and Safety Code § 121710 and the Food and Agriculture Code § 9701, which is punishable by imprisonment in the county jail for a period not to exceed one year, or by a fine of not less than $100.00, nor more than $1,000.00 per day of violation, or both fine and imprisonment.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.220. - Recoupment of enforcement costs.¶
The intent of this section is to authorize the recoupment of administrative costs reasonably related to the enforcement of this chapter. In furtherance of this intent the city shall be entitled to recover costs of enforcement, including costs of staff time, by complying with the following procedure:
(1)
Records of costs. The department of animal services shall maintain records of all administrative costs, incurred by the department and all other responsible city departments, in the processing of the violation or violations and the enforcement of this chapter and other applicable ordinances and may recover such costs from the violator and/or property owner or property occupier as provided in this chapter.
(2)
Notice. Upon investigation and determination that a violation of any of the provisions of this chapter or other related city ordinances is found to exist, the department of animal services and/or other city departments shall notify the violator and/or record owner of the property, or any person having possession or control of the subject property, by mail of the existence of the violation, of the department's intent to charge the violator and/or property owner and/or person having possession or control of the property for all administrative costs associated with enforcement, and of the respondent's right to a hearing on objections thereto. The notice shall be in substantially the following form:
Notice
The City of Eastvale has determined that conditions exist at the property located at _______ which violate Section(s) _______ of Eastvale Municipal Code sections _______ to wit:
Notice is hereby given that at the conclusion of this case you will receive a summary of administrative costs associated with the processing of such violation(s), at an hourly rate as established and adjusted from time to time by the City Council. The hourly rate presently in effect is $_______ per hour of staff time. You will have the right to object to these charges by filing a Request for Hearing with the City within ten days of service of the summary of charges.
(3)
Summary of costs. At the conclusion of the case, the city shall send a summary of costs associated with enforcement to the violator and/or owner of the property and/or person having possession or control of the subject property by certified mail. The summary shall include a notice in substantially the following form:
Notice
If you object to these charges, you must file a Request for Hearing on the enclosed Form within ten days of the date of this notice.
"If You Fail to Timely Request a Hearing, Your Right to Object Will be Waived and You Will be Liable to the City of Eastvale for These Charges, to be Recovered in a Civil Action in the Name of the city, in any Court of Competent Jurisdiction Within the City."
Dated: ________ City of Eastvale
(4)
Right to hearing. Any violator or property owner, or other person having possession and control of the property, who receives a summary of costs under this section shall have the right to a hearing before the city manager or designee on his objections to the proposed costs in accordance with the procedures set forth herein.
(5)
Request for hearing. A request for hearing shall be filed with the city within ten days of the service by mail of the summary of costs, on a form provided by the city. Within 30 days of the filing of the request, and on ten days' written notice to the violator and/or owner, the city manager or designee shall hold a hearing on the violator and/or owner's objections, and shall determine the validity thereof.
(6)
Recovery of costs. In the event that:
a.
No request for hearing is timely filed; or
b.
After a hearing the city manager or designee affirms the validity of the costs; the violator, the property owner or the person in control and possession of the property shall be liable to the city in the amount stated in the summary of costs or any lesser amount as determined by the director or designee.
These costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction within the city.
(7)
Decision. In determining the validity of the costs, the city manager or designee shall consider whether the total costs as charged have been fairly and accurately calculated. Factors to be considered include
whether the time and personnel spent in enforcement were reasonably necessary to bring about compliance and whether the rate charged is the current rate established by the city.
(8)
Appeal. The decision of the city manager or designee may be appealed by filing a written notice of appeal with the city clerk within ten days after service by mail on the violator, property owner, or other person having possession and control of the property, of the decision of the city manager or designee. The appeal shall be heard by the city council which may affirm, amend or reverse the decision and may take any other action deemed appropriate. The city clerk shall give written notice of the time and the place of the hearing to appellant. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Editor's note— Ord. No. 21-03, § 1, adopted April 28, 2021, renumbered the former § 18.08.230, 'recoupment of enforcement costs', as § 18.08.220, herein set out.
Sec. 18.08.230. - Administrative citations and penalties.¶
In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code § 53069.4, an administrative citation may be issued for any violation of this chapter pursuant to chapter 8.17 of this Code.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Editor's note— Ord. No. 21-03, § 1, adopted April 28, 2021, renumbered the former § 18.08.220, administrative citations and penalties', as § 18.08.230, herein set out.
Sec. 18.08.240. - Public nuisance.¶
(a)
The possession or maintenance of any dog, cat or other identified animal or the allowing of any dog, cat or other identified animal to be in violation of this chapter, or any other city ordinance or state law, is declared to be a public nuisance. The animal services director and any city peace officer are directed and empowered to abate any such public nuisance independently of any criminal prosecution or the results thereof, by any means reasonably necessary to accomplish the abatement including, but not limited to, the destruction of the dog, cat or other identified animal involved, or by the imposition of specific reasonable conditions and restrictions for the maintenance of such dog, cat or other identified animal. Failure to comply with such conditions and restrictions is a misdemeanor. The owner of such dog, cat or other identified animal shall reimburse the city for all costs incurred in enforcing compliance with the provisions of this chapter. The city, by and through the animal services director, may also commence and maintain such proceedings in a court of competent jurisdiction as are appropriate under the laws and regulations of the state for the abatement and redress of public nuisances.
(b)
At least ten working days prior to the impoundment or abatement or both pursuant to subsection (a) of section 18.08.230, the owner or custodian of the subject dog, cat or other identified animal shall be notified by the animal services director, in writing, of the right to a hearing to determine whether grounds exist for such impoundment or abatement or, where applicable, both. The notice shall be served by hand delivery or by registered or certified mail, postage prepaid, return receipt requested. If the owner or custodian requests a hearing prior to impoundment or abatement, no impoundment or abatement shall take place until the conclusion of such hearing, except as provided in subsection (c) of this section.
(c)
When, in the opinion of the animal services director, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the subject dog, cat or other identified animal has been impounded under any other provision of this chapter or any law or regulation of the state, the pre- impoundment hearing shall be deemed waived; provided, however, that the owner or custodian of the subject dog or cat shall be given notice by the animal services director, in writing, which would allow five working days to request an abatement hearing. Service of such notice shall be in accordance with the service methods specified in subsection (b) of this section 18.08.230. Where requested by such owner or custodian, a hearing shall be held within five days of the request therefor, and the subject dog, cat or other animal shall not be disposed of prior to the conclusion of the hearing. If, after five working days from the date of service of the notice specified in subsection (c) of section 18.08.210, no request for a hearing is received from the owner or custodian of the subject dog, cat or other animal, such dog, cat or other animal shall be disposed of pursuant to applicable provisions of law.
(d)
All hearings pursuant to section 18.08.230 shall be conducted by the animal services director personally or by a designee who shall not have been directly involved in the subject action. Hearings shall be held not more than ten days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a reasonable period of time if the animal services director deems such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance. Within ten days after the conclusion of the hearing, the animal services director shall render, in writing, his findings, decision and order thereon and shall give notice of the findings, decision and order to the owner or custodian of the subject dog, cat or other animal; service of such notice shall be in accordance with the service methods specified in subsection (b) of this section.
(e)
Pursuant to Food and Agriculture Code § 31622, the owner or keeper of a dog can appeal the decision of the administrative hearing to the superior court.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.250. - Adjustments of fees.¶
All of the fees set forth in this chapter shall be in effect until the city council shall by ordinance fix some other fees upon the basis of a cost-analysis as determined by the county auditor-controller or, where
applicable, pursuant to a change in the applicable laws and regulations of the state, or where applicable, both.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
Sec. 18.08.260. - Waiver of fees.¶
At the discretion of the animal services director, the impoundment fees recoverable under section 18.08.110 may be waived by the animal services director 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 chapter, city ordinances and state law.
(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 21-03, § 1, 4-28-2021)
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