El Centro Municipal Code Art. II Control, Enforcement and Administration

(a) In any prosecution involving an animal, charging a violation of any provision referred to in section 5-22 of this Code, proof by the people of the state that the particular animal described in the complaint was found in violation of any provision of such section, together with proof that the defendant named in the complaint was at the time of the alleged violation the owner of the animal, shall constitute prima facie evidence that the owner of the animal was the person responsible for the violation of such provisions involving such animal. However, for the purposes of this section, proof that a person is the owner of such animal is not prima facie evidence that he has violated any other provision of law.

(b) The presumption created by this section shall be nullified when the person charged has made a bona fide sale or transfer and has delivered possession of the animal, and has complied with the requirements of section 5-92 of this Code prior to the date of the alleged violations and has advised the court of the name and address of the purchaser, and of the date of sale.

(Code 1962, § 4-60; Ord. No. 74-10)

The animal control director, each agent or deputy thereof who is assigned to duties which include the enforcement of animal regulation laws and any peace officer is responsible for enforcing the provisions of this article and the following provisions of state law, each of which is incorporated herein by this reference:

(a) California Administrative Code, Title 17, sections 2606 to 2606.8;

(b) Food and Agricultural Code, article 1 (commencing with section 17001) and article 2 (commencing with section 17041 of chapter 7, division 9, part 1); and section 17121;

(c) Health and Safety Code, chapter 3 (commencing with section 1900) of division 3; and chapter 13 (commencing with section 25970) of division 20;

(d) Penal Code, section 148;

(e) Any penal law of the state relating to or affecting animals.

(Code 1962, § 4-61; Ord. No. 74-10)

The individuals with authority to arrest under this Code, as an alternative to the procedure provided in that section, may in cases of violations of a provision set out in section 5-22 involving an owned animal, employ the following procedure:

(a) The individual then and there enforcing such provision shall determine the identity of the registered owner of the animal involved in such violation, shall take such animal into his custody, and in his discretion shall return it to the premises of the registered owner or retain custody of it.

(b) As soon after the violation occurs as is practicable such enforcing individual shall give notice of the violation to a person on the premises of the registered owner of such animal, or, if no such person be found thereupon, shall give notice by securely fastening it to the entry of the premises in a conspicuous place so as to be easily observed by any person residing at such premises upon his return thereto; and notice shall also be given by mail. The notice shall set forth the violation including reference to the provision so violated, the approximate time thereof and the location where such violation occurred and fixing a time and place for appearance by the owner in answer to such notice.

(c) Before any warrant of arrest shall be issued following the filing of a complaint charging such violation, a notice of the violation must be given in the following manner to the person so charged. Such notice shall contain the information required in subparagraph (b) above and shall also inform such registered owner that unless he appears in the court to be designated in such notice within ten (10) days after the service of such notice and answers such charge, a warrant or citation to appear will be issued against him. Such notice shall contain or be accompanied by an affidavit of non-ownership. In addition to any other required information, such notice shall also provide information as to what constitutes non-ownership, information as to the effect of executing such affidavit, and instructions for mailing or returning the affidavit to the court. Upon receipt of evidence satisfactory to the court that the person charged with violation of any provision set out in section 5-22 of this Code has made a bona fide sale or transfer of the animal and has delivered possession thereof to the purchaser prior to the date of the alleged violation, the court shall obtain verification from the animal control director that the person charged has complied with the requirements of section 5-92 of this Code, and if the person has so complied, the charges against the person for violation of such provision of section 5-22 of this Code shall be dismissed.

Such notice shall be given, either by personal delivery thereof to such registered owner or by deposit thereof in the United States mail in an envelope with postage prepaid addressed to such registered owner at his address as shown by the records of the animal control file. The giving of notice is complete upon personal delivery thereof or upon the expiration of ten (10) days after deposit of such notice in the United States mail.

Proof of giving such notice may be made by the affidavit of any person over eighteen (18) years of age naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof.

(Code 1962, § 4-62; Ord. No. 74-10)

For the purpose of performing his duties under this article, the animal control director may, with the approval of the city council, promulgate such rules and regulations as he may deem proper and necessary.

(Code 1962, § 4-63; Ord. No. 74-10)

The animal control officer and peace officers with probable cause may enter upon privately owned land to investigate reports of vicious animals, rabies or other contagious animal diseases, and to investigate violations of and enforce the provisions of this article.

(Code 1962, § 4-64; Ord. No. 74-10)

(a) Fees shall be charged and collected by the city for dog licensing and for animal regulation services. Such fees shall be collected by city personnel and deposited in the city treasury.

(b) Dog licensing fees shall include the fees for dog licenses, late license fees and fees for replacement of lost license tags. Such fees shall be established by resolution of the city council.

(c) Fees for animal regulation services shall include fees for board in city animal shelters, for rabies vaccination, for redemption of impounded animals, for relinquishment and adoption of animals, for disposal of animals and for veterinary treatment of impounded animals. Such fees shall be established by resolution of the city council unless by resolution the city establishes an alternate method.

(d) A list of currently approved fees shall be filed with the city clerk and shall be available for public inspection.

(e) No impounded animal shall be released unless fees due are paid.

(f) All offenses must also pay the board cost per day.

(Code 1962, § 4-65; Ord. No. 74-10; Res. No. 74-45; Ord. No. 88-5, § 1)

Animal owners or keepers must comply with the following conditions of animal ownership; and the animal control director may require, as a condition of licensing, such owners or keepers to sign permit or license applications agreeing to comply with such conditions:

(a) Animals shall be restrained or confined as required by law.

(b) Animals shall be humanely treated at all times.

(c) Vaccinations, licenses and permits shall be obtained as required by law.

(d) Animal premises shall be kept sanitary and shall not constitute a fly breeding reservoir, a source of offensive odors or of human or animal disease.

(e) Animal and animal premises shall not be permitted to disturb the peace or constitute a public nuisance or hazard.

(Code 1962, § 4-66; Ord. No. 74-10)

It shall be unlawful for the owner of any dog to suffer, permit or allow such dog to run at large on any public street, road, alley, park, square or place on any vacant or unenclosed lots or land within the city. A dog shall be deemed running at large within the meaning of this section unless such dog is led or restrained by a chain, strap or cord attached to such dog's collar and actually held by a person or made fast to some stationary object.

(Ord. No. 569, § 1; Code 1962, § 4-67)

Editor's note— Ordinance No. 569, from which this section is derived, was adopted as an initiative ordinance.

Dogs may be at large while participating in field trials and obedience classes with dog clubs and organizations who are recognized and sanctioned by the city. Such dogs must be under direct and effective voice control of such individuals to assure that they do not violate any other provision of law.

(Code 1962, § 4-67.1; Ord. No. 74-10)

No person shall allow a dog in his custody to defecate or to urinate on public property or any private property other than that of the owner or person having control of the animal. It shall be the duty of all persons having control of a dog to curb such dog in order to carry out the intent of this section. Unsighted persons while relying on a guide dog shall be exempt from this section. If a violation of the above occurs, such person shall immediately remove any feces to a proper receptacle.

(Code 1962, § 4-68; Ord. No. 74-10)

Dog owners shall securely confine their female dogs while in season within an enclosure in a manner that will prevent the attraction of male dogs to the immediate vicinity.

(Code 1962, § 4-69; Ord. No. 74-10)

No person shall own or harbor an animal in such a manner that the peace and quiet of the public is disturbed. The written affirmation by two (2) persons, having separate residences, indicating that the howling, barking or other noise issued by an animal or that violation of sections 5-27(d) and (e), 5-22 and 5-30 and 5-34 of this Code, disturbs the peace and quiet of such persons shall be prima facie evidence of a violation of this section.

(Code 1962, § 4-70; Ord. No. 74-10)

The destruction by an animal of property other than that which belongs to the owner of such animal shall be prima facie evidence of a violation of this section.

(Code 1962, § 4-70.1; Ord. No. 74-10)

No person shall treat an animal in a cruel or inhumane manner or willingly or negligently cause or permit any animal to suffer torture or unnecessary pain. No person shall abandon any domestic animal on any public or private property.

(Code 1962, § 4-72; Ord. No. 74-10)

The possession of an animal declared to be a vicious animal is unlawful unless it is restrained, confined or muzzled so that it cannot bite or attack any person or animal. Animals held in violation of this section, with or without the fault of the owner, who bite for a third time or otherwise cause injury to persons or other animals, shall be deemed a public nuisance, and their continued possession or ownership shall be unlawful. The animal control officer may impound any such animal and destroy it after three (3) working days to allow for legal restraining action by the owner.

(Code 1962, § 4-73; Ord. No. 74-10)

Upon receiving a complaint from an identified person alleging a violation of this article, and upon receiving the name and address of the owner of the animal, if known, an investigation to determine whether a violation exists shall be made. If the investigation discloses a violation of this article, the prosecution may be initiated against the owner by the city. The complainant's identity shall be kept confidential to the extent permitted by law.

(Code 1962, § 4-74; Ord. No. 74-10)

(a) The animal control officer shall make every effort possible to capture any animal at large in violation of this Code and may destroy an animal at large if, in his judgment, such action is required for public health and safety.

(b) Any person who finds an animal at large may take it into his possession and must, as soon as possible thereafter, notify the city animal control officer and surrender the animal to the animal control officer upon demand. No such action shall result in a charge against the city. The finder of an animal at large shall use reasonable care to preserve it from injury; however, he shall not be held liable if the animal dies, escapes or injures itself while he is carrying out the provisions of this section.

(Code 1962, § 4-75; Ord. No. 74-10)

Any person who relinquishes an animal to the city animal control officer shall give his name, address and, if he is not the owner, the location where he found the animal.

(Code 1962, § 4-76; Ord. No. 74-10)

Upon receipt of a lost or stray animal bearing a license tag, the animal control officer shall immediately mail and telephone to the owner of record, at the address indicated on the license form, a notice of the location of the animal.

(Code 1962, § 4-77; Ord. No. 74-10)

The owner of an impounded animal may claim it prior to its legal disposition by providing proper identification, meeting all the legal requirements, medical care, vaccination and/or other costs.

(Code 1962, § 4-78; Ord. No. 74-10)

(a) The city animal control officer shall hold an impounded, lost or stray animal, other than a cat, for not less than three (3) working days if it was not wearing a license tag when impounded, and for not less than five (5) working days if it was wearing a license tag, so that the owner or custodian may claim it prior to other disposition.

(b) The animal control officer may humanely dispose of or may transfer to a new owner, upon payment of the applicable fee, any impounded animal not claimed by its owner or custodian within the prescribed holding time. A dog wearing a license tag when impounded or a dog relinquished by its owner shall not be transferred for the purpose of medical research without the written consent of the owner. Animals relinquished by their owners may be destroyed or transferred to a new owner without regard to any prescribed holding time. Injured or diseased animals may be humanely destroyed without regard to the prescribed holding time in order to alleviate suffering or to protect other impounded animals from exposure of a contagious disease.

(Code 1962, § 4-79; Ord. No. 74-10)

No person shall offer for sale, give away, bring into or maintain within an area coming within the jurisdiction of this article, any lion, tiger, bear, monkey, wolf, cougar, ocelot, wildcat, skunk, venomous or dangerous snake, or geese, poultry, hogs, horses, etc., or other such wild animals (ferae nature), irrespective of their actual or asserted state of docility, tameness or domesticity. The animal control officer may impound any such animal and dispose of it in a humane manner after three (3) working days to allow for legal restraining action by the owner. This section shall not apply to legally operated zoos or circuses, unless the animal control officer gives forty-eight (48) hours advance notice that by reason of inadequate caging or other means of protection of the public from such animals, or by the ineffectiveness of sanitation measures or by a particular hazard connected with the animal or animals involved, the public health and welfare will be endangered.

(Code 1962, § 4-80; Ord. No. 74-10)

No person shall knowingly harbor or keep any dog or other animal afflicted with mange, ringworm, distemper or any other contagious disease, unless such dog or other animal is, in the opinion of the animal control officer, being given adequate treatment for such disease. It shall be the duty of the animal control officer to take immediate possession of any such animal not being so treated or which is not responding to such treatment, and he shall immediately humanely dispose of the animal unless the owner shall forthwith place such animal under the control and treatment of a licensed veterinarian.

(Code 1962, § 4-81; Ord. No. 74-10)

Any person owning or claiming to own any dog impounded under the provisions of this division may redeem such dog by the payment to the license collector of a redemption fee and a custody fee for each day or part of a day during which the dog in question was so impounded in such amounts as shall be fixed by the city council by resolutions adopted from time to time.

(Code 1962, § 4-82; Ord. No. 68-6)

Editor's note— Ordinance No. 68-6, from which this section is derived, was adopted as an initiative ordinance.

The introduction, possession, maintenance of any animal, or the allowing of any animal to be in contravention of this article is, in addition to being an infraction, declared to be a public nuisance which shall be abated by any means reasonably necessary, including, but not limited to, the destruction of the animal or animals involved.

(Code 1962, § 4-71; Ord. No. 74-10)