Menifee Municipal Code Ch. 10.04 Dogs and Cats

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. A male animal that has been neutered or a female animal that has been spayed. Also referred to as a sterile animal.

AT LARGE. 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. At no time shall a leash be longer than six feet in length and the leash must always be held by the owner (or person having control).

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. 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. Any building, structure, enclosure, or premises whereupon, or within which, five to ten dogs, four months of age or older, are kept or maintained. A CLASS I KENNEL shall not include a sentry dog kennel or a dog or cat rescue operation that meets the definition and requirements set forth in this chapter.

CLASS II KENNEL. Any building, structure, enclosure or premises whereupon, or within which, 11 to 25 dogs, four months of age or older, are kept or maintained. A CLASS II KENNEL shall not include a sentry dog kennel or a dog or cat rescue operation that meets the definition and requirements set forth in this chapter.

CLASS III KENNEL. Any building, structure, enclosure or premises whereupon, or within which, 26 to 40 dogs, four months of age or older, are kept or maintained. A CLASS III KENNEL shall not include a sentry dog kennel or a dog or cat rescue operation that meets the definition and requirements set forth in this chapter.

CLASS IV KENNEL. Any building, structure, enclosure or premises whereupon, or within which, 41 or more dogs, four months of age or older, are kept or maintained. A CLASS IV KENNEL shall not include a sentry dog kennel or a dog or cat rescue operation that meets the definition and requirements set forth in this chapter.

COMMUNITY. Any public entity which is authorized by law to regulate and control dogs or cats or both.

CUSTODIAN. 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.

DIRECTOR. The City Manager or his or her duly authorized representative.

DOG OR CAT RESCUE OPERATION. Any building, structure, enclosure or premises run by an animal rescuer, which is a valid nonprofit corporation formed under the provisions of the California Corporations Code for the prevention of cruelty to animals, which meets all requirements and standards set forth in this section.

DOG OR CAT RESCUER. Any individual possessing a rescue permit from animal services, 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.

EXIGENT CIRCUMSTANCES. Circumstances in which the officer, in his or 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 officer does not immediately enter property and rescue, etc.

EXOTIC ANIMAL. Any animal which is not normally domesticated in the United States including, but not limited to, any lion, tiger, bear, non-human 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. 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 of California.

IMPOUNDED. 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. Any dog or cat which has been examined by a California licensed veterinarian and determined to not be capable of reproducing. A certificate of sterility, signed by the veterinarian must be provided upon demand.

KENNEL. Any Class I, Class II, Class III, Class IV, and Sentry Dog Kennel.

OWNER. 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. Any individual, firm, business, partnership, joint venture, corporation, limited liability company, profit or nonprofit association, club, or organization.

PUBLIC ENTITY. Any state, or any political subdivision, municipal corporation profit or nonprofit or agency thereof.

SENTRY DOG. Any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean SENTRY 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.

SERVICE DOG. Any dog, and in some cases described below, a miniature horse, being reared, trained or used for the purpose of performing tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

(1) Miniature horses may be considered SERVICE DOGS if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability and meets the requirements of section 35.136 of Title 28 of the Code of Federal Regulations.

SIGNAL DOG. 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. 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. Any dog for which no valid license is currently in force.

VACCINATION. An inoculation against rabies of any dog or cat, four months of age or older, with any vaccine prescribed for the purpose by the California Department of Health Services.

VETERINARIAN. A person holding a currently 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. 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.

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

(A) Except as provided in this section, it is unlawful for any person to own, harbor or keep any dog, four months of age or older, within the City of Menifee 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 of Menifee such purpose and the tag is displayed upon the dog's collar pursuant to section 30951(b) of the California Food and Agriculture Code.

(B) It is unlawful for any person to own, harbor or keep any dog, four months of age or older, within the City of Menifee, for a period longer than 30 days, which has not been vaccinated against rabies. Every person in the City of Menifee 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 or her choice and such vaccination shall be renewed in accordance with the applicable laws and regulations of the state of California.

(C) Each veterinarian after vaccinating any dog shall sign a certificate of vaccination in triplicate in 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 animal services.

(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 four months and 12 months, the period of vaccination immunity required for licensing shall be as specified in Title 17, California Administrative Code, section 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, as set by the City Council via resolution and which may be updated from time to time:

(1) License valid for one year from date of issuance, for each sterile dog, accompanied by a certificate signed by a veterinarian that said dog is permanently unable to reproduce.

(2) License valid for one year from date of issuance, for each dog to which the provisions of subsections (F)(1) and (7) of this section are not applicable.

(3) License valid for two years from date of issuance, for each sterile dog, accompanied by a certificate signed by a veterinarian that the dog is permanently unable to reproduce.

(4) License valid for two years from date of issuance, for each dog to which the provisions of subsections (F)(3) and (8) of this section are not applicable.

(5) License valid for three years from date of issuance, for each sterile dog, accompanied by a certificate signed by a veterinarian that the dog is permanently unable to reproduce.

(6) License valid for three years from date of issuance, for each dog to which the provisions of subsections (F)(5) and (9) of this section are not applicable.

(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 the dog is permanently unable to reproduce.

(8) License valid for two years from the 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 the dog is permanently unable to reproduce.

(9) License valid for three years from the 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 the dog is permanently unable to reproduce.

(10) Dangerous animal registration as required by the City of Menifee Municipal Code.

(G) No fee shall be required for a license for 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 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 disabled. However this provision does not remove the owner's responsibility to vaccinate the dogs against rabies and attach a current license tag to the dog's collar. Whenever a person applies for an assistance dog identification tag, the person shall sign an affidavit as defined in California Food and Agriculture Code, section 30850(b).

(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 as set by the City Council via resolution and which may updated from time to time.

(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 as set by the City Council via resolution and which may updated from time to time.

(M) Notwithstanding the provisions of subsection (A) of this section, where a person moves into the City of Menifee 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 of Menifee 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 as set by the City Council via resolution and which may updated from time to time.

(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 as set by the City Council via resolution and which may updated from time to time.

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

It is unlawful for any person to own, harbor or keep any unspayed or unaltered cat four months of age or older within the City of Menifee.

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

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 as set by the City Council via resolution which may be updated from time to time. The license shall be valid for the period of immunity indicated in the certificate of vaccination.

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

(A) 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 (1) an appropriate license from animal services; and (2) land use approval from the City. Such 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 this section.

(B) The Class I Kennel, Class II Kennel, Class III Kennel, Class IV Kennel, Sentry Dog Kennel and Cattery license fees, and late fees, shall be as set out below. If an application for a license or renewal of a license is made more than 30 days after the date such license is required or such previous license has expired, a late fee of 50% of the applicable fee shall be added.

(1) Kennel license. Kennel license fees for Class I, Class II, Class III, Class IV, and Sentry Dog Kennel licenses shall be set by the City Council via resolution and may be updated from time to time.

(2) Cattery license. Cattery license fees shall be set by the City Council via resolution and may be updated from time to time.

(C) Application for any kennel or cattery license shall be filed with the Director on a form prescribed by him or her not later than ten days after obtaining written verification from the City of Menifee planning department that the operation of the Kennel or Cattery is in compliance with the applicable provisions of the City Code. The 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 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 from the subject Kennel or cattery. 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) After receipt of any Class I, Class II, Class III, Class IV, and sentry dog 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 of California, 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 of Menifee 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.

(E) 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.

(F) A nonprofit corporation formed pursuant to the provisions of the California Corporations Code commencing with section 10400 for the prevention of cruelty to animals, shall be required to pay a fee for the licenses.

(G) A violation of this section shall be punishable as follows:

(1) Any person violating any provision of this section shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this section is committed, continued or permitted.

(2) Any person convicted of a violation of this section shall be guilty of an infraction offense and punished by a fine as set by the City Council via resolution which may be updated from time to time. Multiple violations on the same site shall be punishable by a fine not exceeding an amount set by the City Council which may be updated from time to time, six months in jail, or both.

(3) Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person from the responsibility for correcting the violation.

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

(A) Any person engaged in the rescue of dogs or cats shall first obtain a rescue license from animal services and shall meet all requirements for a kennel/cattery license.

(1) For a rescuer maintaining five to ten dogs on a parcel, the rescuer shall obtain a Class I kennel/cattery license.

(2) For a rescuer maintaining 11 or more dogs, a Class II kennel license is required.

(3) For a rescuer maintaining ten or more cats, a cattery license.

(B) The fee for a kennel/cattery license as a rescue facility shall be set by the City Council and may be updated from time to time.

(C) A dog or cat 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 dog or cat rescue license application.

(D) Personal dogs (not for adoption or sale) shall be individually licensed in accordance with this chapter.

(E) A licensed rescuer obtaining dogs or cats from a shelter facility pursuant to Section 10.04.110 shall not be subject to the payment of impound fees and charges specified in Section 10.04.110, but shall be subject to the spay/neuter deposit specified in Section 10.04.130.

(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 dog or cat must be altered within 30 days of receipt by the rescuer.

(G) Accurate and complete records of all dogs or cats shall be maintained by the dog or cat rescuer on forms which will be made available to animal services for inspection upon request.

(H) A dog or cat rescuer may recoup, from the adopting party, the cost of any inoculations, the cost incurred by having the dog or cat altered prior to adoption, and any costs related to the treatment of illness or injury.

(I) Administration of the dog or cat rescue program shall be the responsibility of the Director who shall have the authority to issue and revoke dog or cat rescue permits.

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

(A) The Director may, in his or 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 or she finds that a kennel or cattery fails to meet any or all of the standards for kennels and catteries referred to in section or under the City of Code of Menifee or is in violation of any law of the state of California 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 clerk of the City Council 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 clerk of such notice of appeal, the 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 clerk of the board 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 or she deems appropriate under this chapter or any other provision of law respecting the subject kennel or cattery, 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. 2018-252, passed 12-5-2018)

(A) It is the duty of all animal control officers within the city or providing services to the city, to cooperate with and assist the Director, environmental health Director and/or the Animal Services Director, in the enforcement of the provisions of this chapter, and in the enforcement of California 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 of California;

(2) Issue a warning notice for, citation for, or investigate any violation of any provisions of any City ordinance, County ordinance, or California 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 the City of Menifee Section 10.04 in humanely destroying or giving emergency care to sick or injured animals;

(7) Enforce this chapter in a manner consistent with the rights and responsibilities outlined in Title 9 of the City of Menifee Municipal Code.

(B) Any peace officer, animal services officer, the Director, or any other duly authorized individual charged with the responsibility for enforcement of the provisions of this chapter, or other ordinance or state law governing animals, may arrest a person without warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed an infraction or misdemeanor in his or her presence, or a felony which is in violation of this chapter or other ordinance governing animals or California 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: (1) regarding 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 section 853.5 of the California Penal Code; (2) regarding a misdemeanor, such officer or employee may prepare a written notice to appear and may release the person on his or her written promise to appear, as prescribed by California Penal Code section 853.6.

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

(A) Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions of this chapter are empowered to enter upon private property, where any dog, cat or animal is kept or reasonably believed to be kept, for the purpose of ascertaining whether such animal is being kept in violation of any provision of this chapter, other ordinance governing animals, or California State law relating to the regulation, care and/or keeping of animals.

(B) 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; (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. 2018-252, passed 12-5-2018)

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

(A) An impounded dog or cat may be redeemed upon payment of the fees as set by the City Council via resolution which may be updated from time to time.

(B) The fee for destruction and disposal of any dog, cat, or small animal in accordance with any provision of this chapter, shall be set by the City Council via resolution which may be updated from time to time.

(C) 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.

(D) Any officer acting under the provisions of this chapter and impounding a licensed dog pursuant to this chapter or a licensed cat, shall give written notice by first class mail, postage prepaid, to the last known address of the owner, of the impounding of such dog or cat. If such dog or cat is not redeemed within ten 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 destroy such dog or cat.

(E) Upon impounding an unlicensed dog pursuant to this chapter or an unlicensed cat, the officer shall give notice to the owner, if the owner and his or her whereabouts are known, of the impounding of such dog or cat. If such dog or cat has not been redeemed within five days of the giving of such notice, the officer shall dispose of such dog or cat in accordance with the provisions of subsection G of this section, or shall destroy such dog or cat. For the purpose of this subsection, the notice specified herein shall be given in the manner determined by the officer as expedient under the circumstances.

(F) 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; or, 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

(2) It is an unlicensed vicious dog, cat, or other animal.

(G) Any officer having in his or her 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 this section and the spay/neuter deposit fee specified in this chapter, or to a nonprofit corporation formed under the provisions of the California Corporations Code commencing with section 10400 for the prevention of cruelty to animals or to a nonprofit organization formed under the laws of the state of California 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 this subsection shall not be subject to the payment of the impound fees and charges specified in subsection A of this section, but shall be subject to the spay/neuter deposit specified in this chapter.

(H) It is unlawful for any person to remove an impounded animal from an animal control center without the permission of the officer in charge thereof.

(I) Animal control officers choosing to return an impounded animal to the owner, in the field, may collect a field return impound fee set by the City Council via resolution which may be updated from time to time.

(J) Animal control officers picking up owned animals at the request of the owner, shall collect a fee set by the City Council via resolution which may be updated from time to time from the owner.

(K) Animal control officers investigating and authorizing a home quarantine shall collect a fee set by the City Council via resolution which may be updated from time to time from the owner or custodian of the animal.

(L) Animal control officers providing assistance with trap service, for owned feral animals or nuisance wildlife that are not considered a public health risk, shall collect a service fee set by the City Council via resolution which may be updated from time to time.

(M) Owners of animals impounded for quarantine at a City facility shall be charged a quarantine fee set by the City Council via resolution which may be updated from time to time.

(N) The hourly rate for the recovery of administrative costs associated with the recoupment of enforcement costs, as provided in this chapter, shall be set by the City Council via resolution which may be updated from time to time.

(O) The fee for a micro-chip identification device, set by the City Council via resolution which may be updated from time to time, shall be included in the cost of adoption, when adopting an animal from a city animal shelter.

(P) For the taking up of animals after normal business hours, the city shall charge a fee set by the City Council via resolution which may be updated from time to time. This after hours fee is in addition to any other applicable fees set forth in this chapter.

(Q) The fee for adopting any unredeemed, impounded dog or cat is a flat-rate fee that includes vaccinations and deworming, micro-chipping, spay or neutering (if required) and adoption charges. The adoption fee shall set by the City Council via resolution which may be updated from time to time.

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

(A) No person shall be permitted to adopt or purchase any dog or cat which has not been spayed or neutered, from any public animal shelter, society or organization, unless or until a deposit in ab amount set by City Council via resolution which may be updated from time to time has been paid by the adopting person or purchaser to the shelter, society or organization from which the subject dog or cat is being adopted or purchased, with the exception that when a female or her offspring are adopted or purchased by one person, only a single such deposit shall be required. The department may enter into cooperative agreements with rescue groups, veterinarians, animal shelters, and humane society shelters in lieu of requiring spay and neuter deposits.

(B) Upon the presentation to the Director of a written statement or receipt from a veterinarian that such adopted or purchased dog or cat has been spayed or neutered, fees as is specified in subsection (A) of this section may be refunded to the person who paid the deposit according to City Council resolutions setting fees for this chapter.

(C) Notwithstanding the provisions of subsection (B) of this section, any dog or cat over four months of age at the time it is adopted or purchased, shall be spayed or neutered within 30 days of the date of adoption or purchase or the deposit provided in subsection (A) of this section shall be deemed unclaimed and nonrefundable unless an extension, for good cause, is granted by the Director. The adopter or purchaser must present proof of spaying or neutering within 60 days of obtaining the proof or the deposit shall be deemed unclaimed and nonrefundable. Whenever possible, animals will be altered prior to adoption.

(D) Notwithstanding the provisions of subsection (B) of this section, any dog or cat under the age of four months at the time it is adopted or purchased, shall be spayed or neutered before reaching five months of age or the deposit provided in subsection (A) of this section shall be deemed unclaimed and nonrefundable unless an extension, for good cause, is granted by the Director. The adopter or purchaser must present proof of spaying or neutering within 60 days of obtaining the proof or the deposit shall be deemed unclaimed and nonrefundable.

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

(A) Altered dogs and cats.

(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) 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 California 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) 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 California Licensed Veterinarian. If the cat is able to be safely spayed or neutered at a later date, which date must be stated in the written confirmation.

(c) Animals owned by recognized dog or cat breeders, as defined by city or contract provider policies.

(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) Animal services has received at least three complaints, verified by animal services, 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 or other animals;

(c) The owner, custodian, applicant, or licensee has been previously cited for violating a state law, county 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 nuisance within the meaning of the Riverside County 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) Re-application for unaltered dog license.

(a) When an unaltered dog license is denied, the applicant may re-apply 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 re-application.

(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 reason(s) 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 animal services' 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 animal services 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 animal services with information as to the dog's whereabouts, 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. 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 animal services 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: failure to possess a current canine rabies vaccination of the subject dog; dog or cat at large; failure to license a dog; leash law violations; kennel or cattery license violations; tethering violations; unhealthy or unsanitary conditions; failure to provide adequate care for the subject dog or cat in violation of the Penal Code; rabies quarantine violations for the subject dog; operating a business without a license and/or lack of State Tax ID Number; fighting dog activity in violation of Penal Code section 597.5; animals left unattended in motor vehicles; potentially dangerous, dangerous or vicious animals; and 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 above, in subsection (1), 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 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:

(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 California licensed veterinarian. The owner or custodian may arrange for another California licensed veterinarian to spay or neuter the animal, and shall pay to animal services the cost to deliver said animal to the chosen veterinarian. The cost to deliver the animal shall be based on animal services' hourly rate established by the auditor-controller. The veterinarian shall complete and return to animal services 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 board 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 animal services in accordance with this chapter.

(G) Application of fees and fines collected. All costs and fines collected under this part and the fees collected under this section, subsection (G) shall be paid to animal services for the purpose of defraying the cost of the implementation and enforcement of this program.

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

(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 animal services, and shall notify animal services 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 6.08.020, 6.08.050, 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 that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, which 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 California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, which date must be stated in the written confirmation.

(3) A dog or cat that is kenneled or trained in Riverside County, but is owned by an individual that does not reside in Riverside County. 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 animal services of the name and address of the new owner or custodian in accordance with subdivision (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 animal services 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 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 animal services of the name and address of the new owner or custodian in accordance with subdivision (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 animal services 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 animal services 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 animal services 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 California licensed veterinarian. The owner or custodian may arrange for another California licensed veterinarian to perform the implant, and shall pay to animal services the cost to deliver the dog or cat to the chosen veterinarian. The cost to deliver the dog or cat shall be based on animal services' hourly rate. The veterinarian shall complete and return to animal services within ten days or less, a statement confirming that the microchip has been implanted, provide animal services 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, 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 implanted with a microchip and that he or she will submit a statement within ten days or less, of the release, signed by a California licensed veterinarian, confirming that the dog or cat has been so implanted and provide the microchip number to animal services or allow animal services 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 City of Menifee animal shelter. The fee for an identifying microchip device shall be the amount set forth in section 6.08.110, subdivision (O) 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 animal services' registry as required by subdivision (A) of this section.

(F) Penalties.

(1) An owner or custodian in violation of this section may be issued an administrative citation, pursuant to the administrative citations and penalties section set forth in this chapter, for failure to microchip the owner or custodian's dog or cat.

(2) If an administrative citation is issued for violation of this section of this chapter, persons receiving such administrative citation, may choose to clear the citation within ten calendar days, thereby avoiding potentially higher penalty, by demonstrating their compliance with the mandatory microchipping requirement of subdivision (A) of this section to the Director and paying an administrative fee as set by the City Council via resolution which may be updated from time to time to animal services.

(G) Allocation of fees and fines collected. All costs, fees, and fines collected under this section shall be paid to animal services for the purpose of defraying the cost of the implementation and enforcement of this program and for low cost microchipping programs administered by animal services.

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

(A) Authority for clinics. The Director is authorized and directed to establish clinics at which members of the public that are residents of the City of Menifee may have dogs and cats spayed or neutered in a humane manner. Fees for services provided by such clinics shall be determined in a minimum amount, to offset costs of operation of such clinics and shall be consistent with the intent of this chapter for providing low-cost, nonprofit public spay and neuter services. Fees shall be established by the City Council.

(B) (1) Persons submitting dogs or cats for the above service shall sign a consent form certifying thereon under penalty of perjury that they are the owner of the animals or are otherwise authorized to present the animal for the above operation and such persons may be required to furnish proof of such ownership or authority.

(2) Such consent shall contain a waiver of any and all liability of the city, the animal control department and any other city employees for any injury or death to an animal arising out of the aforementioned operation or any services provided incidental thereto.

(C) The department shall establish a return date by which persons submitting animals for the above operation shall pick up said animals or be subject to reasonable board care fees to commence the day after such return date.

(1) Failure to pick up an animal within 15 days of the return date shall be deemed abandonment of the animal and the animal control officer may dispose of it by sale or destruction.

(D) Fees for spay and neuter services. The fees for spay and neuter services at clinics established by the Director shall be set by the City Council via resolution which may be updated from time to time. The spay and neuter fees may be included in the flat-rate adoption fee at the time of adoption if the dog or cat is adopted from a city animal shelter pursuant to the City Council resolution adopting fees for this chapter.

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

(A) 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.

(B) It is unlawful for any person to keep or allow to be kept, or suffer or permit any dog to remain upon the premises under the control of such person, when such dog habitually barks, whines 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 or howling or other sound or cry interferes with any person of ordinary sensitivity in the reasonable and comfortable enjoyment of life and property.

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

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 use on the property. The sign shall be clearly visible from 7% of 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 Director.

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

(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 confined at the owners 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 inspection or 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 authorized to impound any animal at the owner's expense in the event the owner or. person having custody of such animal falls or refuses to so confine such animal. Animals quarantined pursuant to this subsection shall remain under quarantine until notice is given by the direct 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 is 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 may also be declared if such 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 of Menifee 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 of Menifee 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 imposed to continue until released by the Director, whereby it is prohibited to trap or capture skunks for pets; to trap, capture, or hold skunks in captivity for any reason; to transport skunks from or into the City of Menifee except pursuant to a permit issued by the California Department of Health Services pursuant to Title 17, California Administrative Code, section 2606.8.

(H) Any exotic or hybrid animal shall be vaccinated and/or quarantined pursuant to state law.

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

(A) Any person within the City of Menifee who, 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); charge of animal control center 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 or her duties as provided in this chapter.

(D) Nothing in this chapter shall prevent the Animal Services Director from acting, when he or she deems it appropriate to do so, under the applicable provisions of California Penal Code, section 597 et seq.

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

No person shall offer for sale or sell or give away or transfer for adoption any cat, kitten, dog, puppy, or any other animal on any public street, public sidewalk, or public park.

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

(A) The Director shall supervise the administration and enforcement of this chapter and of the laws of the state of California pertaining to the control of dogs and shall have charge of animal control center employees and facilities.

(B) The city 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 or her duties as provided in this chapter.

(D) Nothing in this chapter shall prevent the Director from acting, when he or she deems it appropriate to do so, under the applicable provisions of California Penal Code, Section 597 et seq.

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

Any person violating any of the provisions of this chapter shall be guilty of an infraction, unless otherwise stated in this chapter, and upon conviction thereof shall be punished by a fine or fines as set by the City Council via resolution which may be updated from time to time. Each day a violation is committed or permitted to continue shall constitute a separate offense.

(A) 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 as set by the City Council via resolution which may be updated from time to time to animal services.

(B) 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 section 121710 of the California Health and Safety Code and section 9701 of the California Food and Agriculture Code, which is punishable by imprisonment in the County jail for a period not to exceed one year, or by a fine as set by the City Council via resolution which may be updated from time to time, or both fine and imprisonment.

(C) Persons receiving a citation for violation of a home quarantine, may choose to clear the citation and avoid arrest and appearance in court by demonstrating to the Animal Services Director, in writing, their intent to comply with the order and paying an administrative fee as set by the City Council via resolution which may be updated from time to time to animal services.

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

In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code section 53069.4, an administrative citation may be issued for any violation of this chapter. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.

(A) Notice of violation. If an animal is owned, kept, maintained, or found to be in violation of this chapter, an administrative citation may be issued by the animal control officer. An administrative citation will not be issued for violation of the section (Mandatory licensing of kennels and catteries) prior to a written notice of violation being issued.

(B) Content of citation.

(1) The administrative citation shall be issued on a form approved by the City Attorney's Office and shall contain the following information:

(a) Date, location and approximate time that the violation was observed;

(b) The ordinance violated and a brief description of the violation;

(c) The amount of the administrative penalty imposed for the violation;

(d) Instructions for payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty within this time period;

(e) Instructions on how to appeal the citation; and

(f) The signature of the animal control officer.

(2) The failure of the citation to set forth all required contents shall not affect the validity of the proceedings.

(C) Service of citation.

(1) If the person who has violated this chapter is present at the scene of the violation, the animal control officer shall attempt to obtain his or her signature on the administrative citation and shall deliver a copy of the administrative citation to him or her.

(2) If the owner, occupant or other person who has violated this chapter is a business, and the business owner is on the premises, the animal control officer shall attempt to deliver the administrative citation to him or her. If the animal control officer is unable to serve the business owner on the premises, the administrative citation may be left with the manager or employee of the business. If left with the manager or employee of the business, a copy of the administrative citation shall also be mailed to the business owner by certified mail, return receipt requested.

(3) If no one can be located at the property where the violation occurred, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy mailed by certified mail, return receipt requested to the owner, occupant or other person who has violated this chapter. The citation shall be mailed to the property address and/or the address listed for the owner on the last County equalized assessment roll. The citation shall also be mailed to any additional address for the owner in department records.

(4) The failure of any interested person to receive the citation shall not affect the validity of the proceedings.

(D) Administrative penalties.

(1) The penalties assessed for each violation of this chapter shall not exceed the amounts set by the City Council via resolution which may be updated from time to time.

(2) If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified above.

(3) Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.

(4) The penalties assessed shall be payable to the City of Menifee or contract provider.

(5) Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.

(E) Administrative appeal of administrative citation.

(1) Notice of appeal. The recipient of an administrative citation may appeal the citation by filing a written notice of appeal with animal services. The written notice of appeal must be filed within 20 days of the service of the administrative citation as set forth in subsection (C) above. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The notice of appeal shall be submitted on city forms and shall contain the following information:

(a) A brief statement setting forth the appellant's interest in the proceedings;

(b) A brief statement of the material facts which the appellant claims supports his or her contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted;

(c) An address at which the appellant agrees notice of any additional proceeding or an order relating to the administrative penalty may be received by mail;

(d) The notice of appeal must be signed by the appellant.

(2) Administrative hearing. Upon a timely written request by the recipient of an administrative citation, an administrative hearing shall be held as follows:

(a) Notice of hearing. Notice of the administrative hearing regarding the administrative citation shall be given at least ten days before the hearing to the person requesting the hearing. The notice may be personally delivered to the person requesting the hearing or may be mailed to the address listed in the notice of appeal.

(b) Hearing Officer. The administrative hearing regarding the administrative citation shall be held before the Animal Services Director. The hearing officer shall not be the investigating animal control officer who issued the administrative citation or his or her immediate supervisor. The Director may contract with a qualified provider to conduct the administrative hearings or to process administrative citations.

(c) Conduct of the hearing. The investigating animal control officer who issued the administrative citation shall not be required to participate in the administrative hearing regarding the citation. The contents of the investigating animal control officer's file shall be admitted as prima facie evidence of the facts stated therein. The hearing officer shall not be limited by the technical rules of evidence. If the person requesting the appeal of the administrative citation fails to appear at the administrative hearing, the hearing officer shall make his or her determination based on the information contained in the notice of appeal.

(d) Hearing Officer's decision. The hearing officer's decision regarding the administrative citation following the administrative hearing may be personally delivered to the person requesting the hearing or sent by mail. The hearing officer may allow payment of the administrative penalty in installments, if the person provides evidence satisfactory to the hearing officer of an inability to pay the penalty in full at one time. The hearing officer's decision shall contain instructions for obtaining review of the decision by the superior court.

(F) Review of Administrative Hearing Officer's decision. If the recipient of an administrative citation disagrees with the administrative hearing officer's decision upholding the issuance of the administrative citation and/or administrative penalty amount assessed, the recipient may appeal the issuance of the administrative citation to the Superior Court as set forth in this section.

(1) Notice of appeal. Within 20 days of the delivery and mailing of the hearing officer's decision regarding the administrative citation, the recipient of the administrative citation may contest that decision by filing an appeal to be heard by the Superior Court. The fee for filing the notice of appeal shall be set by the City Council via resolution which may be updated from time to time. The failure to file the written appeal and to pay the filing fee within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon animal services by the contestant.

(2) Conduct of hearing. The conduct of the appeal hearing is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. The appeal shall be heard de novo, except that the contents of the issuing agency's file in the case shall be received into evidence. A copy of the issued administrative citation providing notice of the violation and imposition of the administrative penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the issuing agency's file on the case be forwarded to the court, to be received within 15 days of the request.

(3) Judgment. The court shall retain fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by animal services. Any deposit of the fine or penalty shall be refunded by animal services in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the issuing agency may proceed to collect the penalty pursuant to the procedures set forth in this ordinance, or in any other manner provided by law.

(G) 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 Director or his or her designee on his or her objections to the proposed costs in accordance with the procedures set forth herein.

(H) Request for hearing. A request for hearing shall be filed with animal services within ten days of the service by mail of animal services' summary of costs, on a form provided by animal services. Within 30 days of the filing of the request, and on ten days' written notice to the violator and/or owner, the Director or his or her designee shall hold a hearing on the violator and/or owner's objections, and shall determine the validity thereof.

(I) Recovery of costs. In the event that: (a) no request for hearing is timely filed; or (b) after a hearing the Director or his or her 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 his or her designee. These costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction within the County of Riverside.

(J) Director's decision. In determining the validity of the costs, the Director or his or her 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.

(K) Appeal. The decision of the Director or his or her designee may be appealed by filing a written notice of appeal with the clerk of the board 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 Director. 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 department 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. 2018-252, passed 12-5-2018)

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:

(A) Records of costs. The Department 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.

(B) 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 environmental health and/or other city department(s) 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 Menifee has/have determined that conditions exist at the property located at which violate Section(s) the City of Menifee Municipal Code.

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 animal services within ten (10) days of service of the Summary of Charges.

Dated:

City of Menifee (or contract agency)

(C) Summary of costs. At the conclusion of the case, the department of environmental health 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 (10) 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 MENIFEE FOR THESE CHARGES, TO BE RECOVERED IN A CIVIL ACTION IN THE NAME OF THE CITY OF MENIFEE, IN ANY COURT OF COMPETENT JURISDICTION WITHIN THE COUNTY OF RIVERSIDE.

Dated:

City of Menifee (or contract agency)

(D) 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 Director of the department of environmental health or his or her designee on his or her objections to the proposed costs in accordance with the procedures set forth herein.

(E) Request for hearing. A request for hearing shall be filed with the department within ten days of the service by mail of the department's summary of costs, on a form provided by the department. Within 30 days of the filing of the request, and on ten days written notice to the violator and/or owner, the Director or his or her designee shall hold a hearing on the violator and/or owner's objections, and shall determine the validity thereof.

(F) Recovery of Costs. In the event that: (a) no request for hearing is timely filed; or (b) after a hearing the Director of the department of environmental health or his or her 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 his or her designee. These costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction within the county.

(G) Director's decision. In determining the validity of the costs, the Director or his or her 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.

(H) Appeal. The decision of the Director or his or her designee may be appealed by filing a written notice of appeal with the clerk of the board 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 Director. 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 department 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. 2018-252, passed 12-5-2018)

(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 county ordinance or state law, is declared to be a public nuisance. The Director and any Riverside County 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 section. 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 this section, 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 of California, 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 chapter. 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 this subsection, 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 this section shall be conducted by the 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 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 Director shall render, in writing, his or her 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 section 31622, the owner or keeper of a dog can appeal the decision of the administrative hearing to the Superior Court.

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

All of the fees set forth in this chapter shall be in effect until the City Council shall by resolution fix some other fees upon the basis of a cost analysis as determined by the City of Menifee or, where applicable, pursuant to a change in the applicable laws and regulations of the state of California, or where applicable, both.

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

At the discretion of the Animal Services Director, the impoundment fees recoverable under section 6.08.110 may be waived by the Director based upon indigent circumstances of the owner of the impounded animal that are verified by animal services so long as the animal is being kept and maintained in accordance with all other provisions of this chapter, the city ordinances, and state law.

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