Grand Terrace Municipal Code Ch. 6.04 Animal Control

Footnotes:

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Editor's note— Ord. No. 326, § 2(Exh. 1), adopted October 8, 2019, repealed and reenacted Chapter 6.04 in its entirety to read as herein set out. Formerly, Chapter 6.04, Sections 6.04.010—6.04.320, pertained to similar subject matter, and derived from County Code §§ 32.011—32.015, 32.017—32.019, 32.0110—32.0121; Ord. No. 1, § 1, adopted in 1978, and Ord. No. 206, adopted in 2003.

The following terms shall have the corresponding meanings:

A. "Animal" means every nonhuman species of animal, both domestic and wild.

B. "Animal at large" means any animal which is off the premises of its owner, custodian or caretaker which is not under physical restraint by leash of size and material appropriate to the size and temperament of the animal, and which is not held by a person capable of restraining the animal, or is not otherwise physically restrained by some other device or instrument. The device or instrument shall not include voice control, eye control or signal control of the animal by any person.

C. "Animal control officer" means humane officers or animal control officers employed by, or under contract with, the City to implement and enforce the provisions of the Municipal Code relating to animal control, including his/her designees.

D. "Animal control supervisor" means the City of Grand Terrace Director Planning and Development Services, or such other person as may be designated by the City of Grand Terrace City Manager.

E. "Animal shelter" means any facility operated by a humane society, or municipal agency or its authorized agents, including under agreement with the City, for the purpose of impounding animals under the authority of this Chapter or State law for care, confinement, return to owner, adoption, or euthanasia.

F. "Auction" means any place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this Chapter. This Section does not apply to individual sales of animals by private owners.

G. "Breeder" means any person, whether or not for pay or other compensation, causes the breeding of a male or female dog or cat or makes a dog or cat available for breeding purposes. All breeders must obtain a City business license.

H. "Circus" means a commercial variety show featuring animal acts for public entertainment.

I. "Commercial animal establishment" means any pet shop, grooming shop, riding school or stable, or boarding or breeding kennel open to the general public. This definition does not apply to privately owned, not for hire ranches.

J. "Domesticated animal" means an animal which has historically and commonly been tamed for use by man or woman (e.g., horses, cows, sheep, dogs, pigs, and cats).

K. "Enclosure" means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment or hutch.

L. "Exigent circumstances" means any circumstances in which the officer, in his or her best 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 other animal if not immediately impounded, or animal may die if officer does not immediately enter property and rescue, etc.).

M. "Grooming shop" means a commercial establishment where animals are bathed, clipped, plucked, or otherwise groomed.

N. "Guard or attack dog" means any dog trained to guard, protect, patrol or defend any premises, area or yard or any dog trained as a sentry or to protect, defend, or guard any person or property.

O. "Kennel or cattery" means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.

P. "Owner" means any person who is the legal owner, keeper, harborer, possessor or custodian of the animal, or partnership or corporation owning, keeping, housing, or harboring one or more animals. A person registering as the owner on an animal license or other legal document also establishes ownership. An animal shall be deemed to be housed or harbored if it is fed or sheltered for three consecutive days or more.

Q. "Performing animal exhibition" means any spectacle, display, act, or event, including circuses, and petting zoos, in which performing animals are used.

R. "Pet or companion animal" means any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.

S. "Pet shop" means any person, partnership, or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys and/or sells, any species of animal.

T. "Potentially dangerous dog" means any dog, except a trained dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior:

1. Any dog which, when unprovoked on two separate occasions within the previous 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

2. Any dog which, when unprovoked, bites a person causing a less than severe injury as defined in this Chapter.

3. Any dog which, when unprovoked, on two separate occasions within the previous 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

U. "Property owner" shall have the same meaning as "Owner".

V. "Public nuisance animal" means any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:

1. Is repeatedly found at large or owner has received three or more citations and/or notices of violation, on separate occurrences, for the animal running at large; or

2. Is impounded three or more times;

3. Damages the property of anyone other than its owner;

4. Impedes the safety of pedestrians, passersby, bicyclists or motorists;

5. Makes excessive disturbing noise including, but not limited to, continued and repeated howling, barking, whining, and other utterances continued over so long a period of time as to disturb the peace and quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area. This definition does not apply to properly permitted commercial animal establishments;

6. Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained; or attacks other domestic animals; and/or

7. Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept, housed or harbored and/or causes unsanitary conditions in enclosures or surroundings where the animal is kept, housed or harbored.

W. "Restraint" means any animal secured by a substantial leash or lead or other similar device and under the control of a person competent and capable to restrain such animal, or within a vehicle being driven or parked or within a secure enclosure.

X. "Riding school or stable" means any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule, or burro; or any place that regularly buys, sells, or trains the above animals.

Y. "Secure enclosure" means a fence, pen or structure suitable to securely and humanely prevent the animal from escaping and to prevent the entry of young children or any part, limb or appendage of any child, and unauthorized persons. The pen or structure shall have secure sides and top that will protect the animal(s) from the elements. All sides must be embedded at least two feet into the ground unless the bottom is adequately secured to the sides. The enclosure shall not be less than five feet by ten feet and not less than six feet high.

Z. "Severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

AA. "Vaccination" means an inoculation with vaccine against rabies in accordance with requirements of Section 121690 of the California Health and Safety Code.

BB. "Veterinary hospital" means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.

CC. "Vicious dog" means:

1. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury, as defined in this Chapter, on or kills a human being; and/or

2. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of said determination, continues said behavior or is maintained in violation of this Chapter.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

A. Animal control officers shall be authorized, and shall have the duty, to:

1. Receive, take up and impound:

a. All animals which are creating a public nuisance, or which are found running at large in violation of this Chapter or of any other applicable law or regulation;

b. All public nuisance animals, potentially dangerous animals or vicious animals; and/or

c. All animals, which, without provocation or direction, may be threatening the safety of any person or other animal, whether the threatening animal is a potentially dangerous animal or vicious animal.

2. In accordance with standards established therefor by State or local law or regulation, regularly and adequately feed, water and otherwise care for all animals impounded under the provisions of this Chapter, or otherwise provide for such feeding, watering and care.

3. Investigate the condition and behavior of any animal alleged or believed to be potentially dangerous, vicious, abused, neglected or abandoned and take such action under this Chapter as may be appropriate.

4. Follow the provisions of this Chapter and of the California Penal Code Section 597(f) or other governing provision of law, as applicable, in humanely destroying or giving emergency care to sick or injured dogs and cats.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

Any person whose duty it is to enforce the provisions of this Chapter may enter upon private property with the consent of the property owner, tenant or occupier, or by authority of a warrant, or without consent or a warrant if exigent circumstances exist.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

A. Duty to restrain animals on property. No person in the City owning, having possession, charge, custody or control of any animal shall permit or allow such animal to stray or run at large upon any public street, sidewalk, school ground, public park, playground, place of public assembly or any other public place or without the consent of the owner or person in control upon any private place or property.

B. Leash laws. No person owning, having charge, care, custody or control of any dog shall bring his dog out of his premises or property unless said dog is secured by a substantial leash or lead and under the control of a person competent and capable to restrain such dog provided that the provisions of this Subsection shall not apply to any official police dog while such dog is on duty or any dog while engaged in herding and control of livestock, hunting sporting purposes or competitive trials or training when under the immediate command and control of the person in charge.

C. Impound. Any animal found running at large, running loose or unrestrained may be impounded by an animal control officer or an officer of the San Bernardino County Sheriff's Department for a period in accordance with California State law. There shall be a reclaiming fee as set forth in a fee schedule adopted by the City Council.

D. Females in season. No unspayed female dog or cat in estrus shall be left so as to attract stray male dogs or cats.

E. Confinement of females. Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

It is an infraction for any person to keep, or allow to be kept, or suffer or permit any animal to remain upon the premises under the control of such person, when such animal habitually barks, whines, crows or makes loud or unusual noises in such a manner as to disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking, whining, crowing, howling or other sound or cry interferes with any person of ordinary sensitivity in the reasonable and comfortable enjoyment of life or property. The animal control officer shall promptly investigate or cause to be investigated all complaints that this Section is being violated if such complaints are in writing and contain the signature of the complainant.

(Ord. No. 369, § 22, 7-22-2025; Ord. No. 326, § 2(Exh. 1), 10-8-2019)

A. Animal control officers and/or their designee are authorized to place, upon request, live capture animal traps on private or public property to trap and remove stray, at large, abandoned or nuisance animals.

B. It is unlawful for any person other than an animal control officer and/or designee to remove any animal from the trap or to damage, destroy, move, or tamper with the trap.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

A. Suspicion of rabies. If it shall appear to the animal control officer that any animal has rabies, the animal control officer may destroy, cause to destroy, or may have such animal held for further examination or observation for such time as the animal control officer may determine to be appropriate, in accordance with State and local laws.

B. Rabies control. Whenever any animal has been bitten by an animal which has rabies or which exhibits any symptoms of rabies, or which is suspected of having been exposed to rabies, the owner or the person having custody of such bitten animal shall immediately notify the City's animal control officer or the health officer, and shall immediately confine the animal and maintain that confinement until it is established that such animal does not have rabies. The animal control officer shall have the power to quarantine 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 animal control officer, to adequately confine such animal immediately, or in the event the owner of such animal is not readily accessible.

C. Quarantine of biting animals. Any animal which bites a human shall be quarantined in accordance with State and local law.

D. Confinement of biting animals. Upon receipt of a report that a person has been bitten by an animal subject to rabies, animal control services is empowered to enter upon any private property, including the home or residence where the biting animal is kept or has strayed, to inspect and strictly isolate, and to seize and impound if necessary, in a place and manner approved by the animal control officer, any such animal.

E. Unlawful removal of quarantined animal. It shall be unlawful for any person to remove from any place of isolation or quarantine, any animal which has been isolated or quarantined under the provisions of this Chapter, without the consent and approval of the animal control officer.

F. Costs incurred. Whenever any such owned biting animal is quarantined, all expenses incurred in its confinement shall be the liability of the owner, possessor or custodian of such biting animal.

G. Posting of quarantine sign. It shall be unlawful for anyone to obstruct the posting of a quarantine sign or to remove or destroy such a posted sign prior to the end of the quarantine period of such animal unless approved by the animal control officer.

H. Preventive measures authorized. If the animal control officer determines that an animal has bitten a human being or animal, he or she shall have the authority to order any preventive measures necessary, as described in this Chapter.

I. Seizure authorized. An animal control officer shall have the authority to seize and impound any animal should the owner, caretaker or keeper of the animal fail to comply with the provisions of this Chapter and applicable State and local law.

J. Additional confinement. Quarantined animals may be held an additional time period if so determined by the animal control officer for reasons of public and animal safety or in cases pending public nuisance, potentially dangerous or vicious dogs or in accordance to any other applicable codes of this Chapter or State law.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

It is unlawful for any person, firm or corporation to:

1. Trap or capture skunks for pets;

2. Trap, capture or hold skunks in captivity for sale, barter, exchange or gift; and/or

3. Transport skunks from or into the City.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

A. Unrestrained or unlicensed dogs and nuisance animals may be taken by the police, animal control officers, or humane officers and impounded in an animal shelter and be confined there.

B. All impounded animals shall be held for the time period specified by California State law unless an extended time is warranted and approved by the animal control supervisor.

C. If a license tag or other means can identify the owner of an impounded animal identified, the impounding shelter and/or animal control officer shall make a reasonable effort to notify the owner.

D. Unless otherwise provide by law, an owner reclaiming an impounded animal shall show proof of rabies vaccination, pay the required license fee, and pay any fees and/or fines as established by resolution of the City Council. Notices of violation and/or court citations may also be issued in conjunction with impoundment or reclaiming of the animal.

E. Any animal not reclaimed by its owner within the time period specified by California State law and/or in accordance to this Chapter shall become the property of the City, impounding animal shelter or humane society and shall be placed for adoption in a suitable home or humanely euthanized.

F. In addition to, or in lieu of, impounding an animal found at large, the animal control officer or police officer may issue to the known owner or custodian of such animal a notice of violation, administrative citation or court citation. Such citations shall impose upon the owner or custodian a fine or penalty, as established by resolution of the City Council.

G. The shelter director or designee shall keep complete and accurate records of the care, feeding, veterinary treatment, and disposition of all animals impounded at the shelter in accordance with State laws and with the City.

(Ord. No. 342, § 2, 8-23-2022; Ord. No. 326, § 2(Exh. 1), 10-8-2019)

A. No owner shall fail to provide his animals with sufficient wholesome and nutritious food, water in sufficient quantities, proper air, shelter space and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment.

B. An animal shall not be overcrowded or exposed to temperatures detrimental to the welfare of the animal.

C. No person shall beat, cruelly treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans.

D. No owner or person who is responsible for the care of an animal shall abandon such animal.

E. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such person shall at once report the accident to the appropriate law enforcement agency or animal control facility.

F. No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any domestic animal.

G. Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area.

H. No animal shall be allowed to exist or maintained in such a manner that is, or could be, injurious to that animal.

I. If the animal is restricted by a leash, rope, chain or similar device, the leash, rope, chain or similar device shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal's access to adequate shelter, food and water. This definition does not apply to an animal which is in transit, in a vehicle, or in the immediate control of a person.

J. Every person who keeps a dog restricted by a leash, rope, chain or similar device, as defined in this Chapter, shall provide such dog with the proper exercise and attention needed to help prevent the dog from becoming a public nuisance and to provide relief of confinement.

K. Animals that are natural enemies, temperamentally unsuited or otherwise incompatible, shall not be quartered together or so near each other as to cause injury, fear or torment.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

A person having custody of any animal shall not permit, either willfully or through failure to exercise due care or control, any such animal(s) to defecate upon public or private property, including parks. The owner of every animal shall be responsible for the immediate removal of any animal waste from private and public property, including parks.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

When any animal owned by, or in the custody or control of, any person or found in any person's private property dies, such person shall, within 24 hours, provide for the burial, incineration, or other disposition of the body of such dead animal or fowl by all lawful means and in accordance to State and local law.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

A. Circumstances requiring special preventive measures. If an animal control officer deems that immediate preventive measures are appropriate, the animal control officer shall have the authority to require the person owning or having possession, charge or custody or control of an animal to comply with specific preventive measures, as described below, after taking into consideration the following circumstances:

1. Nature of particular animal. The behavior, size, temperament, breed, capacity for inflicting serious injury, the number of animals or other such similar factors which would be relevant to a determination of whether or not additional preventive measures need to be imposed for a particular situation;

2. Adequacy of confinement. The adequacy of the enclosure or way of confinement if any; and

3. Immediate surrounding area. The likelihood that the conditions pertaining to the particular animal and the animal's confinement are detrimental to the safety or welfare of the citizens or the peace and tranquility of citizens in the immediate surrounding area.

4. Additional factors. In considering whether to order a special preventive measure, the animal control section is authorized to consider additional factors as aggravating circumstances that might warrant the ordering of special preventive measures, including, but not limited to:

a. Child under 13 years of age. There is a child under 13 years of age who lives in close proximity to the animal, or children walk by or are otherwise in close proximity to the property occupied by the animal;

b. Bite. The animal has bitten a human being or domestic animal without provocation;

c. Attitude of attack incident. The animal, without provocation, has approached a person in an apparent attitude of attack;

d. Reputation of animal. The individual animal has a known propensity, reputation, or tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals.

B. Court citations. Any violation of a preventive order issued by an animal control officer may result in a court citation in addition to other penalties set forth in Chapter 1.16 of the Grand Terrace Municipal Code.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

A. The possession or maintenance of any animal in violation of this Chapter is declared to be a public nuisance. When necessary for the preservation of the public health or safety, the control officer and any City peace officer are directed and authorized to summarily abate any such public nuisance independently of any criminal prosecution or the results thereof, by any means reasonably necessary to accomplish such abatement, including but not limited to, the immediate destruction of the animal involved, or by the imposition of remedial requirements for the maintenance of such animal. Conviction of a failure to comply with such requirements shall be punished in accordance with provisions of Chapter 1.16 of the Grand Terrace Municipal Code. The owner of such animal may be required to reimburse the City for all costs incurred in the enforcement of this Chapter. The City, by and through the City Attorney, may also commence and maintain such proceedings in a court of competent jurisdiction as are appropriate under the laws and regulations of the City of Grand Terrace and/or the State of California for the abatement and redress of public nuisances.

B. Remedial requirements may include, but are not limited to, any of the following:

1. The maintenance of the animal in a secure enclosure and/or the requirement of other confinement measures necessary to prevent the escape of the animal.

2. Restraint of the animal, when off the property of the owner, must be maintained at all times by an appropriate leash no longer than four feet in length. The animal must be under the direct control of an adult physically capable of controlling the animal and may not be leashed or tethered to any inanimate object where children may come in direct contact.

3. Relocation of the confinement area on the owner's property to prevent the animal from making contact with the fencing or property line of adjoining properties.

4. If the animal is confined indoors, it shall not be kept on a porch, patio or other part of the house or other structure that would allow the animal to exit such building or structure on its own volition and/or where children have access and the opportunity to release the animal. In addition, no such animal may be kept in a building or structure when the windows or screen doors are the only obstacle preventing the animal from exiting.

5. The owner of any animal may be required to pay restitution for damages or injuries caused as a result of any violation of this Chapter.

6. The owner and the animal may be required to engage in obedience and/or behavior modification training for that animal necessary to eliminate the problem.

7. Removal of the unlicensed animal from the City as a result of revocation or denial of licensing for good cause.

8. Prohibit or regulate the acquiring and keeping within the City specified animals for a period of up to five years.

9. Neuter or spay the animal.

10. Humane destruction of the animal.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

A. Determination. Whenever an animal control officer determines that there exists probable cause to believe that a dog is potentially dangerous or vicious, the officer shall prepare a petition and schedule an administrative hearing to determine whether or not the dog in question shall be declared potentially dangerous or vicious. This Section does not prohibit the animal control officer from immediately issuing a "preventive measures order" for confinement of animal(s) prior to requesting and/or scheduling an administrative hearing.

1. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer to find probable cause shall be sworn to and verified by and shall be attached to the petition.

2. Animal control services shall notify the owner or the keeper of the dog and the property owner of the hearing at which time the owner or keeper of the dog shall be given an opportunity to present evidence as to why the dog should not be declared potentially dangerous or vicious. Notice of the hearing and a copy of the petition must be provided to the owner or keeper of the dog either personally or by first class mail, return receipt requested. The hearing shall be open to the public.

3. An impartial hearing officer who shall be appointed by the City Manager or designee shall conduct the hearing. If the owner or keeper of the dog fails to appear at the hearing, the hearing shall nevertheless proceed. At least one of the complainants and/or the petitioning animal control officer or representative in the matter must appear and testify at the hearing.

4. The hearing officer shall consider all relevant evidence presented. However, hearings need not be conducted according to formal rules relating to evidence or witnesses. Oral evidence shall be taken on oath or affirmation. Mitigating evidence may include the following:

a. Threat, injury or damage was sustained by a person who at the time was committing a willful trespass upon the premises occupied by the dog, was teasing, provoking, tormenting, abusing or assaulting the dog, or was engaged in the commission of a crime.

b. The dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

c. The dog was defending an attack from another animal or the other animal was teasing, tormenting, abusing or assaulting the dog.

B. Potentially dangerous dogs. Any dog, which has been determined to be potentially dangerous, may only be maintained under the following terms and conditions:

1. The dog shall be properly licensed with a conspicuously colored tag, vaccinated, and be designated potentially dangerous in the registration records. The owner or keeper shall pay an additional annual registration fee as determined by resolution of the City Council.

2. The owner shall, at his or her expense, have the vicious dog microchipped or tattooed with an identifying mark or number by a licensed veterinarian, and provide the dog's microchip number or tattoo number/mark and appropriate paperwork to the animal control officer.

3. While on the owner's or keeper's property, the dog shall be provided with an adequate exercise area and shall be kept indoors, or in a securely fenced and locked yard from which the dog cannot escape and into which children cannot enter.

4. If the dog is restricted by a leash, rope or chain on the property, the leash, rope or chain shall be affixed in such a manner that it will prevent the dog from becoming entangled or injured and permit the dog's access to adequate shelter, food and water.

5. The dog may be off the owner's or keeper's property only if the dog is restrained by a substantial leash, no more than four feet in length and under the control of a responsible, competent and capable adult.

6. Any person keeping, housing or harboring any potentially dangerous dog within the City must provide proof of his/her ability to pay for damages up to the amount of $100,000.00 by obtaining a policy of insurance coverage in said amount for bodily injury to or death of any person or persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such animal. Proof of liability shall be given by filing with animal control officer, in a form approved by the City Attorney, a certificate of insurance issued by a solvent corporation authorized to issue bonds under the laws of the State. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bonds will be made unless 30 days written notice is first given to the animal control officer.

7. If the dog dies, or is sold, transferred or permanently removed from the City of Grand Terrace, the owner or keeper shall notify the City's animal control services in writing of the changed circumstances within two working days of the change.

8. The dog shall be removed from the list of potentially dangerous dogs if there are no additional instances of behavior as defined in Subsection 6.04.010.T of this Chapter within 36 months after designation. The dog may be removed earlier from the list of potentially dangerous dogs if animal control officer determines that there have been sufficient changed circumstances so that the risk to public safety has been mitigated.

9. Upon completion of the hearing, the hearing officer shall issue a notice of determination within ten calendar days of the hearing, which notice of determination shall be final.

C. Vicious dog. Any dog which has been determined to be vicious may be destroyed or maintained as follows:

1. A dog determined to be a vicious dog may be destroyed by the animal control officer when the hearing officer determines that the release of the dog would create a significant threat to the public health, safety, and welfare.

2. If it is determined that a dog found to be vicious shall not be destroyed, the dog may only be maintained under the following terms and conditions:

a. All vicious dogs shall be properly licensed and vaccinated, with the license being a conspicuously colored tag that shall be securely affixed to the dog.

b. The animal control officer shall include a designation of vicious for the dog in the registration records of the City.

c. The owner or keeper shall pay an annual "vicious dog registration fee", in addition to the regular license fee as determined by resolution of the City Council.

d. The owner shall, at his or her expense, have the vicious dog microchipped or tattooed with an identifying mark or number by a licensed veterinarian, and provide the dog's microchip number or tattoo number/mark and appropriate paperwork to the animal control officer.

e. The owner or keeper of a vicious dog shall, within five days of such determination, make available said dog to the animal control officer and allow photographs of the dog to be taken for purposes of identification.

f. A vicious dog shall also be spayed or neutered, at the owner's expense, within 30 days of such determination.

g. A vicious dog shall be confined in a secure "enclosure" as defined in this Chapter.

h. The owner shall conspicuously display signs with words or symbols at least two inches high warning of the presence of a vicious dog as approved by the animal control officer.

i. While off the owner's or keeper's property, a vicious dog shall at all times be restrained by a substantial leash that does not exceed four feet in length and held under the control of a responsible adult. The dog shall also wear a muzzle approved by the animal control officer.

j. Any person keeping, housing or harboring any vicious dog within the City must provide proof of his/her ability to pay for damages up to the amount of $100,000.00 by obtaining a policy of insurance coverage in said amount for bodily injury to or death of any person or persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such animal. Proof of liability shall be given by filing with the animal control officer, in a form approved by the City Attorney, a certificate of insurance issued by a solvent corporation authorized to issue bonds under the laws of the State. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bonds will be made unless 30 days written notice is first given to animal control services.

k. The animal control officer is authorized to make inspections that he/she deems reasonably necessary to ensure compliance with these provisions.

l. Any registered vicious dog may be immediately impounded by an animal control officer if:

i. The dog's registration is not properly maintained.

ii. Inspection by the animal control officer reveals that the dog is not maintained in the required enclosure.

iii. The dog is outside the dwelling, or the defined enclosure of the owner or keeper and not under the physical restraint and control of a responsible adult.

D. Destruction of vicious dogs.

1. Any dog determined to be a vicious dog may be humanely destroyed by an animal control officer if it is found, after hearing procedures conducted in accordance with this Chapter, that release of the dog would create a significant threat to the public health, safety, and welfare.

E. Ordered removal of potentially dangerous or vicious dog.

1. The animal control supervisor may order the immediate removal of any dog from the City by a date certain if the owner or keeper:

a. Fails or refuses to comply with the determination notice set by the hearing officer within the time period specified within the notice;

b. Fails or refuses to reimburse any incurred costs within specified time on notice of determination; or

c. Violates any part provided on the determination order.

2. If the owner or keeper fails to remove the dog from the City by such date, the animal control officer may seize and impound the dog and not permit the reclaiming or redemption of the dog by the owner unless adequate arrangements acceptable to the animal control supervisor to ensure removal of such dog are made. Such arrangements shall be agreed to in writing between the owner and the animal control supervisor prior to and as such condition of release of the dog to its owner. If such agreement is not made and executed within five days from the date of the agreement, then the dog(s) shall be immediately impounded and destroyed.

3. If the written agreement referred to above is entered into, but is subsequently breached by the owner, the animal control supervisor may immediately order that the dog(s) be impounded and destroyed.

4. Any person failing to comply with the hearing officer's order in this Section may be prohibited from keeping, housing or harboring within the City any animal of the type, species, group or family to which the order applies (including the dog initially declared potentially dangerous or vicious) for a period of three years from the date of such noncompliance.

F. Authority to seize dog posing immediate threat to public safety.

1. If, upon investigation, it is determined by the animal control officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, and/or the owner or keeper is unwilling or unable to correct the situation immediately, then the animal control officer may seize and impound the dog pending a hearing to be held pursuant to this Chapter. The dog shall be kept at an appropriate animal shelter designated by the animal control officer.

2. The owner or keeper of the dog shall be liable to the City of Grand Terrace for the costs of impounding and expenses of keeping the dog if the dog is later found to be potentially dangerous or vicious in accordance to this Chapter.

3. Any dog held shall not be released, if found to be potentially dangerous or vicious, until the owner pays all charges due within ten days of the determination made by the hearing entity. If the owner cannot pay these charges or refuses to pay within the required time period, then the dog shall be treated as unredeemed by the owner and shall be humanely disposed of. Disposal of the dog does not release the owner from his or her responsibility to pay the imposed fees.

G. Conditions for prohibiting ownership of a dog.

1. The owner of a dog determined to be potentially dangerous or vicious may be prohibited by the animal control officer from owning, possessing, controlling, or having custody of any dog for a period of up to three years, when it is found, after proceedings conducted in this Chapter, that ownership or possession of a dog by that person would create a significant threat to the public health.

H. Penalties and costs.

1. If a dog is found to be potentially dangerous or vicious, the owner or keeper of the dog and/or property owner shall be personally liable and shall pay to the City of Grand Terrace all administrative costs as set by resolution of the City Council, in addition to impounding costs, boarding costs and/or other related costs incurred.

2. If incurred costs are not paid within time specified in the determination notice, no permit and/or license for the dog shall be issued and/or any current license may be revoked following notice and an administrative hearing, if requested by the owner. Then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal.

3. In addition to the administrative proceedings under this Section, the City may alternatively to, or in conjunction with the proceedings set forth in this Section, commence a criminal action with respect to the nuisance or pursue any and all other remedies legally available.

4. If any person shall violate any provisions in this Section, he or she may be fined an amount as set by the resolution of the City Council.

5. No animal properly seized under this Section shall be returned to the owner until, as determined by the animal control officer, all requirements set by the hearing officer are satisfied for the keeping and maintenance of the dog.

I. Failure to conduct administrative hearing.

1. The failure or decision to not conduct an administrative hearing required by this Section shall have no bearing on any criminal prosecution for violations of any provisions of this Chapter.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

All potentially dangerous animals or vicious animals shall be properly licensed and vaccinated. The animal control officer shall include the potentially dangerous or vicious designation in the registration records of the animal, either after the owner or keeper of the animal has agreed to the designation or the court or hearing officer has determined the designation applies to the animal. The City may charge a potentially dangerous animal or vicious animal fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the animal.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

A. No person shall have, keep or maintain, or have in his or her possession or under his or her control on any residentially-zoned property any lion, tiger, bear, chimpanzee, gorilla, cougar, mountain lion, badger, wolf, wolf hybrid, coyote, fox, lynx, or any poisonous/venomous reptile, or any other dangerous or carnivorous wild animal or reptile; provided, however, such animals may be permitted on such residentially-zoned lots permitted by the zoning code, on the condition that a conditional use permit, if required by the zone, is obtained and applying to and receiving special authorization from the animal control division.

B. Such permit shall only be granted upon a showing by the applicant that adequate safeguards have been established and will be maintained which will effectively control the dangerous or vicious propensities of such animal or reptile, eliminating any danger to individuals or property, and provided that the keeping or maintaining of such animal or reptile will in no way constitute a nuisance to the occupants of any surrounding property; the animal control officer may require any such animal be properly caged, tethered, or restrained, and may create such additional requirements as may be necessary and proper under the circumstances.

C. The denial of the permit shall be in writing and shall specify the grounds for such denial. The applicant shall have ten days from the date the permit was denied in order to appeal such denial to the Planning Commission.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

A. No person, partnership, or corporation shall operate a commercial animal establishment or animal shelter or sentry dog business without first obtaining a permit in compliance with this Chapter and local and State law. This does not apply to privately owned, not for hire ranches.

B. All commercial animal establishments shall comply with City and State laws regarding proper care and maximum number of animals.

C. Prior to setting up any commercial animal establishment, the property owner or lessee shall first obtain all applicable permits through the City Community Development Department.

D. When a permit applicant has shown that he/she is willing and able to comply with the regulations, a permit shall be issued upon payment of the applicable fee.

E. The permit period shall be effective for one year. Renewal applications for permits shall be made 30 days prior to the expiration of the permit. Application for a permit to establish a new commercial animal establishment under the provisions of this Chapter may be made at any time.

F. If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his name upon payment of a transfer fee as determined by resolution of the City Council.

G. Annual permits shall be issued upon payment of the applicable fee as determined by resolution of the City Council.

H. Every facility regulated by this Chapter shall be considered a separate enterprise requiring an individual permit.

I. Persons operating kennels for the breeding of dogs shall license all dogs individually.

J. No fee may be required of any veterinary hospital or animal shelter, or government operated zoological park.

K. Failure to obtain a commercial animal establishment permit before opening any facility covered in this Section shall result in a fine to be established by resolution of the City Council.

L. Any person who changes the category under which a permit was issued shall be subject to a reclassification and readjustment of the permit fee.

M. After an application for a permit is filed, the animal control officer shall inspect the facility prior to the issuance of a commercial animal establishment permit to ensure compliance with all applicable standards of care.

N. Any person whose permit or license is revoked shall, within 30 days thereafter, sell place or humanely dispose of all animals owned, kept, housed, or harbored under the revoked permit or license. No part of the permit or license fee shall be refunded.

O. It shall be a condition of the issuance of any permit or license that the animal control officer, subject to law, shall be permitted at any reasonable time to inspect all animals and the premises where animals are kept and, if permission for such inspection is refused, may revoke the permit or license of the refusing owner.

P. If the applicant has withheld or falsified any information on the application, animal control services may refuse or revoke a commercial animal establishment permit.

Q. No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment.

R. Any person having been denied a license or permit may not reapply for a period of 30 days. A fee as established by resolution of the City Council shall accompany each reapplication.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

Any violation of this Chapter is considered a nuisance and may be abated as such in the manner provided by Chapter 8.04 of this Municipal Code or by any other relevant law. The costs of abatement of the nuisance shall be recovered in accordance with the procedures described in Chapter 8.04 of this Municipal Code.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

In accordance with Section 836.5 of the California Penal Code, the civil and criminal provisions of this Chapter shall be enforced by those persons or agencies designated by municipal authority. It shall be a violation of this Chapter to interfere with the animal control officer in the performance of his/her duties.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)

Violations of this Chapter shall be punishable in accordance with Chapter 1.16 of the Grand Terrace Municipal Code.

(Ord. No. 326, § 2(Exh. 1), 10-8-2019)