Los Banos Municipal Code Art. 9 Miscellaneous—remedies—appeals

No person shall stable, keep, pasture or maintain livestock within the limits of the City, unless expressly allowed to do so by the Zoning Code. No person owning any interest in any lot or parcel of real property within the limits of the City shall permit livestock to be owned, kept, possessed or maintained upon such lot or parcel of real property unless expressly permitted by the zoning Code. This section shall not apply to any circus, carnival or show otherwise permitted to operate temporarily within the limits of the City.

(§ 2, Ord. 1153, eff. May 19, 2017)

(a) No person shall have, keep, maintain, breed, sell, trade or let for hire, any wild, exotic, dangerous, or nondomestic animal without first applying to and receiving special authorization from the State of California, Department of Fish and Game and the City. The keeping or maintenance of such animals shall also conform to the City zoning code.

(b) The Animal Control Officer may authorize the keeping or maintaining of any wild, exotic, dangerous, or nondomestic animal when, in his or her opinion, any such animal may be kept or maintained without endangering the safety or any person, other animal or property, nor create a nuisance; provided, however, that the Animal Control Officer may require any such animal to be properly caged, tethered, or restrained, and that he or she may create such additional requirements that may be necessary and proper under the circumstances. Any privately owned wild, exotic, dangerous, or non-domestic animal shall require a license fee as specified in the city fee schedule; the initial fee to be paid at the time of application. The Animal Control Officer may revoke such authorization when, in his or her opinion, the safety of any person, other animal or property is endangered or that a nuisance is created by the keeping of such animal.

(c) The provisions of this chapter shall not apply to licensed circuses, carnivals, zoos or other collections of wild animals under jurisdiction of the City, State or Federal government.

(§ 2, Ord. 1153, eff. May 19, 2017)

The keeping of reptiles is limited to turtles, lizards and snakes and excludes other reptiles such as crocodiles and alligators. It is unlawful for any person to own and keep within the City any reptile that is determined by the Animal Control Services Unit to be a nuisance or danger to persons or other animals.

(§ 2, Ord. 1153, eff. May 19, 2017)

No person shall keep or maintain within the City any stand of bees.

(§ 2, Ord. 1153, eff. May 19, 2017)

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 in a safe and sanitary manner. It is unlawful for any person to dispose of the body of such dead animal in or on any public or private property, other than his or her own, without proper authorization from the Animal Control Officer.

(§ 2, Ord. 1153, eff. May 19, 2017)

(a) It is unlawful and a public nuisance to intentionally violate any of the provisions of this chapter. Violation of this chapter may be charged as either an infraction or a misdemeanor. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.

(b) In addition to any other remedy or penalty set forth in this chapter or this Code, administrative penalties may be imposed pursuant to applicable provisions of Chapter 11 Title 4 of this Code against any responsible party, in violation of any of the provisions of this chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 11 Title 4 of this Code.

(c) Remedies under this chapter are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(§ 2, Ord. 1153, eff. May 19, 2017)

(a) Except where an appeals or hearing procedure is otherwise set forth in this chapter, a decision or action of the Animal Control Services Unit may be appealed by filing a written notice of appeal with the City Clerk, setting forth the specific grounds thereof.

(b) Notice of such appeal shall be filed with the City Clerk within 14 calendar days after the date written notice of such action appealed from was mailed or personally delivered to the appellant.

(c) The City Clerk shall forthwith set a date for hearing before City Manager or City Manager's designee and shall give the appellant at least five calendar days' notice of the time and place of said hearing.

(d) At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be approved. The City Manager or City Manager's designee, may continue the hearing from time to time. The findings on the appeal shall be final and conclusive in the matter.

(§ 2, Ord. 1153, eff. May 19, 2017)