Chapter 10.01 — ANIMALS GENERALLY

Section

10.01.010 Definitions 10.01.020 Animals or fowl at large prohibited 10.01.030 Exemption 10.01.040 Impounding animals 10.01.050 Disposition of rabid or disabled animals

10.01.060 Disposition of impounded bovine animals, horses, mules or burros 10.01.070 Disposition of other impounded animals 10.01.080 Notice of sale 10.01.090 Sale of animals 10.01.100 Proceeds of sale 10.01.110 Redemption of animals by owner 10.01.120 Costs of redemption 10.01.130 Authorization to enter upon private property 10.01.140 Impoundment hearing 10.01.150 Forfeiture and disposition

10.01.160 Enforcement of Title

Whenever in this chapter the words defined in this section are used they shall have the respective meanings assigned to them in the following definitions.

ANIMAL. Means and includes any domestic bovine animal, horse, mule, burro, sheep, goat, swine or other domestic animal except a dog or cat.

ANIMAL SERVICES DIRECTOR or DIRECTOR. The City Manager of the City of Menifee or his or her duly authorized representative.

AT LARGE. Off the premises of, and not under physical restraint, by, the owner or other person having charge of an animal.

FOWL. Means and includes any chicken, duck, turkey, goose, peafowl, guinea fowl, or other domestic fowl of any sex.

HEALTH OFFICER. The Health Officer of the County of Riverside or his or her duly authorized representative. (Ord. 2018-252, passed 12-5-2018)

No person owning or having charge of any animal or fowl shall permit the same to be at large on any highway, street, sidewalk, lane, alley or other public place, or upon any private property other than that of the person owning or having charge of such animal or fowl unless such owner or person having charge of such animal or fowl has the consent of the owner of the private property.

(Ord. 2018-252, passed 12-5-2018)

This chapter shall not prohibit leading, driving, riding or conducting animals under adequate supervision along a public highway.

(Ord. 2018-252, passed 12-5-2018)

Subject to the provisions contained in this chapter, it shall be the duty of the Health Officer to take up and impound all animals found at large upon any highway, street, sidewalk, lane, alley or other public place, or upon any private property. The Director may contract with any person to keep, feed and care for any such animal at reasonable rates for not more than 20 days.

(Ord. 2018-252, passed 12-5-2018)

If it shall appear to the Director from the report of a licensed veterinarian or other qualified person that an animal is afflicted with rabies, he shall humanely destroy such animal, and shall take such other action as may be required by law and as he or she deems necessary to prevent the spread of such disease. He or she may humanely destroy any sick, disabled, infirm or crippled animal found at large if he or she is unable to identify and locate the owner within a reasonable amount of time.

(Ord. 2018-252, passed 12-5-2018)

Upon impounding of any bovine animal, horse, mule or burro, the Director shall comply with Food and Agriculture Code section 17003 and immediately notify the Secretary of Food and Agriculture. (Ord. 2018-252, passed 12-5-2018)

If any animal other than a domestic bovine animal, horse, mule or burro, and except an animal afflicted with rabies, impounded by the Director, is not reclaimed within two days thereafter, it shall be sold by the Director after giving notice of sale in accordance with this section.

(Ord. 2018-252, passed 12-5-2018)

The notice of sale shall contain a description of the animal, including any identifying marks or brands; the date and place where the animal was taken up; and the time and place of sale. At least five days prior to the sale of any impounded animal, the Director shall cause a copy of the notice to be published in a newspaper circulated in the area where the animal was found and shall mail a copy of the notice to the owner or person entitled to possession of the animal at his or her residence or place of business, if known.

(Ord. 2018-252, passed 12-5-2018)

At the time and place set forth in the notice of sale, the Director shall sell the impounded animal at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the Director may sell such animal at private sale or humanely destroy such animal, or otherwise dispose of it as permitted by law. (Ord. 2018-252, passed 12-5-2018)

The proceeds of such sale, after first deducting fees and charges of the Director, including costs of sale, shall be paid by the Director to the city treasurer who shall pay then over to the owner of such animal sold if claimed within one year thereafter. If not so claimed, they shall be transferred into the general fund of the city. (Ord. 2018-252, passed 12-5-2018)

The owner or person entitled to possession of any animal impounded, may at any time before the sale or other disposition thereof, redeem the same by paying the Director all fees and charges thereon. (Ord. 2018-252, passed 12-5-2018)

(A) The Director shall charge and collect from each person redeeming an unaltered impounded animal an impounding fee set by the City Council via resolution, 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 in or for the handling and maintenance of the animal while impounded, and in addition thereto, the fees set by the City Council via resolution for subsections (B)(1) through (B)(7) of this section.

(B) The Director shall charge and collect from each person redeeming an altered impounded animal an impounding fee set by the City Council by resolution, plus the actual costs of transporting the animal to impound, the actual costs of veterinary and related services rendered to the animal, the actual costs of sale incurred, and the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal while impounded, and in addition thereto, the fees set by the City Council via resolution for subsections (B)(1) through (B)(7) of this section.

(1) For the maintenance of swine, goats and sheep: per animal, for each day of impoundment;

• (2) For the maintenance of horses and cattle: per animal, for each day of impoundment;

• (3) For the maintenance of fowl: per animal, for each day of impoundment;

• (4) For the taking up of large-sized animals, such as horses, cattle, and ponies: per animal;

• (5) For the taking up of medium-sized animals, such as swine, goats, and sheep: per animal;

• (6) For the taking up of small-sized animals, such as rabbits and guinea pigs: per animal;

(7) For the taking up of animals after normal business hours. This after hours fee is in addition to any other applicable fees set forth in this chapter.

(C) The fees set forth in this section shall set by the City Council by resolution and updated from time to time. (Ord. 2018-252, passed 12-5-2018)

Notwithstanding any provisions contained in this chapter relating to the entry upon private property for any purposes hereunder, no such entry may be conducted: (1) without the 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 Code of Civil Procedure sections 1822.50 through 1822.56, inclusive; or (3) except as may otherwise be prescribed by law.

(Ord. 2018-252, passed 12-5-2018)

At least three working days prior to the impoundment of any animal, notice shall be given in person to, or by mail to the last known address of, the owner or person entitled to possession thereof of his or her right to a hearing as to whether or not such impoundment is justified. If the owner or person entitled to possession thereof requests a hearing prior to impoundment, no impoundment shall take place until the conclusion of the hearing except as provided herein. If in the opinion of the Health Officer, immediate impoundment is necessary for the preservation of the public health or safety, the pre-impoundment hearing may be dispensed with; provided, however, in such cases the owner or person entitled to possession thereof shall be given three working days' notice as provided herein of his or her right to a hearing. If a hearing is requested, the hearing shall be held within five days of the request, and the animal shall not be sold, destroyed or otherwise disposed of prior to the conclusion of the hearing. Notice of the time, date and place of the hearing shall be given to the owner or person entitled to possession thereof. If, at the end of the hearing, the impoundment is found to be unjustified, the animal shall be returned to the owner or person entitled to possession thereof without charge.

(Ord. 2018-252, passed 12-5-2018)

(A) Upon the conviction of a person of a violation of this chapter, all animals lawfully seized and impounded with respect to the violation by a peace officer or an animal control officer, shall be adjudged by the court wherein the conviction took place to be forfeited and shall thereupon be awarded to the impounding officer for disposition in accordance with the written policy on disposition of impounded animals adopted by the City Council.

(B) Any animals adjudged forfeited under the provisions of Penal Code section 597, shall be disposed.

(C) Fees for the disposal of dogs, cats, fowl, and all other animals shall be set by the City Council via resolution which may be updated from time to time.

(Ord. 2018-252, passed 12-5-2018)

This Title 10: Animals, may be enforced by animal control officers, the Health Officer, peace officers of the City of Menifee, and any other individual designated by the Director. Individuals authorized to enforce this Title shall have all the rights and responsibilities outlined in Title 9.

(Ord. 2018-252, passed 12-5-2018)

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