Merced Municipal Code Ch. 6.04 Animal Control

When used in this chapter, the words defined in this section shall have the meanings prescribed in this section.

A. Animal. "Animal" means any member of the kingdom Animalia exclusive of homo sapiens, poultry, birds, reptiles, or fish.

B. Animal control. "Animal control" or "animal control division" means the division of the police department of the city of Merced or the city's contractor designee charged with administering this title.

C. Animal control center. "Animal control center" means the facilities provided by the county of Merced for the impoundment, relinquishment, quarantine, and adoption or sale of animals.

D. Animal nuisance. Within the meaning of Title 6, "animal nuisance" shall mean such actions or behaviors of an animal which interfere with the rights of persons to the enjoyment of life or property by creating chronic annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept, harbored or maintained, and shall include, but not be limited to the following:

1. Causing fouling of the air by the unpleasant odor of accumulated fecal waste or urine;

2. Causing unsanitary conditions in enclosures or surroundings;

3. Making excessively loud or disturbing noise; or

4. Causing offense or danger to public health, safety, or welfare by virtue of the number or types of animals maintained.

E. At large. "At large" means an animal off the premises of its owner and either:

1. Not under the control and in the immediate presence of the owner; or

2. If a dog or a cat, not under physical restraint.

F. Animal at large causing injury. "At large causing injury" means an animal off the premises of its owner as outlined in subsection E of this section which through direct or indirect action causes or inflicts injury to any person. The injury is described as a wound or other type of injury which requires medical treatment.

G. Animal control manager. "Animal control manager" means the management head of animal control and his or her duly authorized staff.

H. Cattery. "Cattery" means an enclosure, premises, building, structure, lot or area in or on which five (5) or more cats of at least six (6) months of age are kept, harbored, or maintained.

I. Curb. "Curb" means to restrain or control an animal that it does not defecate on property other than that of its owner except by the expressed consent of the owner of such other property.

J. Dangerous animal. "Dangerous animal" means any animal including a dog (except a dog assisting a peace officer engaged in law enforcement duties) which can be categorized in any one (1) or more of the following manners:

1. Any animal which behaves in such a manner that the owner thereof knows or should know that the animal poses a threat to public safety.

2. Any animal which because of its size, training, behavior, physical nature, or vicious propensity would threaten public safety were it not controlled as prescribed in this chapter.

3. Any animal which threatens or attacks any person in a manner which requires substantial defensive action by any person to prevent bodily injury.

4. Any animal which threatens or attacks any other animal belonging to another when such other animal is confined upon private property or otherwise lawfully restrained and controlled.

K. Dangerous behavior. "Dangerous behavior" means any acts committed by an animal as defined in subsection J herein.

L. Director. "Director" means the police chief of the city of Merced.

M. Dog license. "Dog license" as used in this title, means a metallic tag which will be firmly affixed to the animal's collar on which is imprinted the phone number and name of the issuing agency, and a serial number unique to the individual tag. These tags are issued as outlined in Section 6.04.260 of this chapter.

N. Domestic animal. "Domestic animal" means dogs and cats, except as limited in subsection (A)(C) herein, as well as horses, donkeys, mules, burros, cattle, sheep, goats, swine, llamas, camels, rabbits and fowl commonly kept or raised in the county as farm or livestock animals.

O. Feral animal. "Feral animal" means any domestic animal which is known to live in a wild or semiwild state without benefit of an owner or any domestic animal which has escaped for a substantial period of time from the care of its owner and is existing in a wild state without benefit of domestication.

P. Health department. "Health department" means the health department of the county of Merced.

Q. Health officer. "Health officer" means the director of the health department of the county of Merced or other person duly authorized by the director of the health department or designated by the board of supervisors to act as the health officer.

R. Hearing. For the purposes of this chapter, "hearing" means the process prescribed in Section 6.04.300 herein for the redress of issues relating to or arising from the enforcement of this chapter including, but not limited to, dangerous and vicious animals, animal nuisances, pets, or such other administrative matters as pertain to the application of this chapter.

S. Hearing officer. "Hearing officer" means the person appointed by the director to preside at and render judgments from hearings transacted under the authority of this chapter.

T. Impoundment. "Impoundment" means the taking up and confining of an animal by the animal control manager in accordance with the provisions of this chapter or other applicable law or regulation.

U. Kennel. "Kennel" means any enclosure, premises, building, structure, lot or area in or on which five (5) or more dogs of at least four (4) months of age are kept, harbored or maintained.

V. Lawful fence. "Lawful fence" as used in this chapter means a fence of sufficient height, strength, and capacity; and which is maintained in good repair, to prevent the ingress and egress of the animals housed, controlled or grazed on the property.

W. Owner. "Owner" means the primary or responsible person who possesses, has title to or an interest in, harbors, provides care, or has control, custody or possession of an animal, and the verb of "to own" includes all these shades of meaning.

X. Person. "Person" means fictional entities such as corporations, estates, associations, partnerships and trusts, as well as one or more individual human beings or responsible members of the household.

Y. Vaccination. "Vaccination" means the inoculation of an animal with a vaccine approved by and in the manner prescribed by the state of California, department of health services.

Z. Veterinarian. "Veterinarian" means a person licensed by the state of California to practice veterinary medicine.

AA. Vicious animal. "Vicious animal" means any animal including a dog (except a dog assisting a peace officer engaged in law enforcement duties) which has, on one or more occasions, committed any one or more of the following acts:

(1) Physically attacked, mauled, or physically injured by biting any person, without provocation, at a place other than upon the private property where the animal is maintained by the owner.

(2) Physically attacked, mauled, or physically injured by biting any person, without provocation, when the owner thereof knows or should reasonably know that the animal poses a meat to public safety and has made no substantial effort to prevent the attack or when the owner has purposefully encouraged or commended the animal to attack, maul, or physically injure any person.

(3) Physically attacked and injured by biting any animal, without provocation, which is lawfully maintained on private property not belonging to the owner of the offending animal.

(4) Physically attacked and injured by biting any animal, without provocation, which is lawfully maintained or controlled upon public property.

AB. Vicious behavior. "Vicious behavior" means any acts committed by an animal as defined in subsection AA herein.

AC. Wild animal. "Wild animal" means any of the following:

(1) Following members of the Class Reptilia:

—Order Ophidia (such as, but not limited to, racers, boas, water snakes and pythons) over eight (8) feet in length; and

—Order Loricata (such as, but not limited to, alligators, caymans and crocodiles) over tie (3) feet in length; —Order Sauria (excepting iguanas) over three (3) feet in length.

(2) Following members of the Class Aves:

—Order Falconiformes (such as, but not limited to, hawks, eagles and vultures, which are not kept pursuant to federal or state permit); and

—Subdivision Ratitae (such as, but not limited to, ostriches, rheas, cassowaries, emus).

(3) Following members of the Class Mammalia:

—Order Carnivora, expressly excepting the domestic dog (cannis familiaris) and the domestic cat (felis catus), but including, but not limited to, the fly Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), the family Canidae (such as wolves, dingos, coyotes and jackals); and

—Order Marsupialia (such as kangaroos and opossums); and

—Order Chiroptera (bats); and

—Order Edentata (such as sloths, anteaters and armadillos); and

—Order Proboscidea (elephants); and

—Order Primata (including, but not limited to, monkeys, chimpanzees and gorillas); and

—Order Ungulata (expressly excluding any animal which would be included within the definition of "domestic animal" in subsection O herein), including, but not limited to, antelope, deer and bison.

(4) Any nondomestic species when kept, maintained or harbored in such numbers or in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the propel of human beings.

(5) Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except honey-producing bees.

(6) Any hybrid 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.

(Ord. 1880 § 1 (part), 1994: Ord. 1322 § 2 (part), 1980: prior code § 5.1).

This chapter shall be known as, and may be cited and referred to as, the "animal control ordinance."

(Ord. 1880 § 1 (part), 1994: Ord. 1322 § 2 (part), 1980: prior code § 5.2).

The issuance by animal control and the acceptance by the owner of any license or permit to keep an animal as provided for herein is prima facie evidence that the owner agrees to comply with the terms and conditions set forth in this chapter and that the owner has satisfied the basic licensing requirements under this chapter. Such issuance shall be given no evidentiary weight to indicate that the owner has conformed to zoning regulations, building regulations, health and safety regulations or to any other applicable rule, regulation or statute. For purposes of the administration of this chapter, if, pursuant to the issuance of official written notice, approval has been given by the office or agency responsible for the administration of the rule, regulation or statute in question, such approval shall be deemed prima facie evidence that the matter approved is in conformance with the rule, regulation or statute in question.

A. Exemptions. The licensing regulations in this chapter are not applicable to the following:

(1) Owners of animals kept as all or part of the stock of (a) nonprofit zoological gardens open to the public, (b) pet shops, (c) circuses, or (d) animal exhibits when such enterprises are operated under business licenses granted by the city and otherwise comply with all other laws and regulations.

(2) Service dogs that have been trained and certified to assist the blind, deaf, or physically challenged.

(Ord. 1880 § 1 (part), 1994: Ord. 1322 § 2 (part), 1980: prior code § 5.9).

No owner of any animal, wild or domestic, shall permit or suffer the animal to do any of the following:

A. Be at large;

B. Bite, scratch, or claw any human being or other animal without provocation;

C. Make loud or disturbing noises without provocation, including, but not limited to, chronic howling, yowling, barking, whining, or other utterances;

D. Act or be kept in such a manner as to constitute an animal nuisance within the meaning of this chapter;

E. Endanger the life or health of others;

F. Damage the property of others; or

G. Be afflicted with and not be receiving medically accepted treatment for zoonotic or other communicable disease.

(Ord. 1880 § 1 (part), 1994: Ord. 1322 § 2 (part), 1980: prior code § 5.25).

A. No person shall transport or carry on any public highway or public roadway, any animal, wild or domestic, in or by a motorized vehicle unless the animal is as follows:

1. Safely enclosed within the vehicle;

2. Protected within a secured container carried within, upon, or by such a vehicle; or

3. Securely cross-tethered or secured to such vehicle by rope, chain, or other device in a fashion which prevents injury to the animal from falling from, being ejected from, or jumping from such vehicle.

B. No person shall leave an animal, wild or domestic, in any unattended motorized vehicle without adequate ventilation, in unhealthful conditions which adversely affect its health, safety or well-being.

(Ord. 1880 § 1 (part), 1994: Ord. 1322 § 2 (part), 1980: prior code § 5.26).

It shall be the duty of any person having custody of a dog to curb said dog and to immediately remove any feces deposited by said dog on public property to a proper receptacle. Unsighted persons while relying on a guide dog shall be exempt from this section.

(Ord. 1880 § 1 (part), 1994: Ord. 1322 § 2 (part), 1980: prior code § 5.28).

A. Except as provided in subsection B of this section, the number of cats and dogs raised and kept in any single-family dwelling shall be limited to the maximum number allowed based on parcel size as set forth in the table of this section:

B. The number of cats and dogs raised and kept in any multifamily dwelling shall be limited to a maximum of one (1) cat and one (1) dog.

(Ord. 2225 § 1, 2006).

A. No person shall permit or suffer a dog to stray from private property owned or legally possessed by the dog owner or the person who has a right to control the dog unless the dog is restrained by a leash or lead not exceeding eight (8) feet in length, except in the following situations:

1. When the dog is assisting a peace officer who is engaged in law enforcement duties or when the dog is participating in a search and rescue effort at the specific request of a law enforcement authority;

2. When the dog is enrolled in and actually participating in a dog training or obedience course, exhibition, or competition conducted by an organization on private or public property with the permission of the owner or operator of the grounds of facilities;

3. When the dog is assisting the owner or person in charge of livestock in the herding or control of such livestock;

4. When the dog is accompanying and under the direction of a person engaged in hunting on land which is within a restricted shooting district; or

5. When the dog is within the perimeter fence of a designated city dog park.

B. Dog at Large Causing Injury. Any owner of any dog which is running at large that causes injury through indirect or direct action is guilty of a misdemeanor and subject to punishment in accordance with Chapter 1.12 of this code.

(Ord. 2317 § 1, 2008: Ord. 1880 § 1 (part), 1994: Ord. 1322 § 2 (part), 1980: prior code § 5.29).

A. Definitions. For purposes of this section the words and phrases set forth below shall mean the following:

1. "Dog park" means the city of Merced dog park located at the northwest corner of R Street and Yosemite Avenue.

2. "Handler" means the dog owner's friend, relative, agent, or employee having custody or control over the dog while at the dog park.

3. "Small dog area" is that area designated and posted in the dog park as the small dog area.

B. Prohibited Activities at Dog Park. The following shall be prohibited at the dog park:

1. Dogs unaccompanied or unsupervised at any time in the dog park by either the dog owner or handler;

2. A dog owner or handler who is physically or otherwise unable to control or restrain their dog;

3. A dog owner or handler under thirteen (13) years of age unaccompanied by a parent or guardian;

4. A dog owner or handler having more than two (2) dogs in the dog park at any one (1) time;

5. Unlicensed or unvaccinated dogs in the dog park;

6. Dogs with any communicable illness or disease;

7. Dogs in heat;

8. Puppies less than four (4) months old;

9. Bringing any non-canine animal into the dog park;

10. Smoking;

11. Entering or exiting the dog park with an unleashed dog;

12. Failure by a dog owner or handler to immediately pick up and properly dispose of any feces deposited in the dog park by any dog under their custody or control;

13. Dogs over twenty (20) inches tall entering or remaining in the designated small dog area;

14. Failure of a dog owner or handler to remove a dangerous dog as defined in Section 6.04.010(J).

C. Dog Bites. All dog bites occurring within the dog park shall be immediately reported to the Merced city animal control division. It is unlawful and a misdemeanor, subject to punishment in accordance with Chapter 1.12 of this code, for any dog owner or handler to suffer or permit their dog to attack or bite any person or any other dog. Failure to report a dog bite is declared to be an infraction and subject to punishment in accordance with Chapter 1.12 of this code.

D. Dog Park Hours. The dog park operating hours are established as from six a.m. to ten p.m. daily. The dog park is subject to closure due to repair or maintenance or for special events. It is unlawful and a misdemeanor, subject to punishment in accordance with Chapter 1.12 of this code, for any person to be in the dog park without authorization at other than operating hours or when the dog park is closed for repair, maintenance, or special events. It shall not be unlawful for anyone associated with the repair, maintenance, or attending a special event to be in the dog park while such repair, maintenance, or special event activity is occurring.

E. Penalty. Except as otherwise specifically noted, any violation of this section shall be infraction subjecting the violator to punishment in accordance with Chapter 1.12 of this code.

(Ord. 2317 § 2, 2008).

The public works operations department of the city of Merced is directed to post and maintain signs at all publicly owned dog parks within the city providing notice of the rules pursuant to Section 6.04.071 of this code, and that any person failing to comply with the rules will be subject to citation under Section 6.04.071 for either a misdemeanor or an infraction pursuant to Chapter 1.12 of this code.

(Ord. 2317 § 3, 2008).

A. No person shall permit or suffer livestock or poultry to stray from private property owned by the owner of such livestock or poultry, or from private property to which such owner has a right of possession.

B. The owner of any livestock or poultry found at large in violation of this section shall, in addition to any other penalties imposed, be liable for the salaries, costs, and other expenses incurred in restraining, capturing, or rescuing such livestock or poultry. The salaries, costs and expenses of the division shall be determined by the director.

C. Except for educational purposes conducted by a governmental agency, no person shall keep or maintain any hog pen or pigsty within the city, nor keep or maintain in pens, sties or otherwise, any live hogs within the city longer than may be necessary for shipment, which in no event shall be more than twenty-four (24) hours.

D. No person shall keep or maintain or allow to run at large any horses or cows in any yard, corral or other similar enclosure within the following described district in the city: that portion thereof bounded on the north by Bear Creek, on the east by Parsons Avenue extended, on the south by Eighth Street extended and on the west by V Street.

E. It is unlawful for any person to permit any animal to be herded or picketed in any street or alley in the city, either in the daytime or nighttime.

F. Except for educational purposes conducted by a governmental agency, no person shall keep or maintain within the city, any sued of bees.

G. No person shall keep or maintain livestock or poultry for the purpose of slaughter or for the use of any product associated with the livestock or poultry.

H. No person shall slaughter livestock or poultry within the city except as may be permitted in commercial or industrial areas zoned for such purpose.

I. No person shall keep or maintain more than two (2) livestock or poultry on any residential lot within the city.

(Ord. 1880 § 1 (part), 1994: Ord. 1599 § 1, 1985).

Notwithstanding Section 6.04.080 of this code, the keeping of livestock and poultry is permitted in the following areas:

A. The area generally bounded by McKee Road to the west, Yosemite Avenue to the north, the Merced Irrigation District's Fairfield Lateral "A-1" (approximately six hundred sixty (660) feet east of McKee Road) to the east, and the south property line of APN 8-010-013 to the south, including thirteen (13) parcels also known as Assessor's Parcel Numbers 8-310-037, 8-310-038, 8-310-039, 8-310-040, 8-010-005, 8-010-006, 8-010-007, 8-010-008, 8-010-009, 8-010-010, 8-010-011, 8-010-012, 8-010-018 (2.8 acres) on the north side of Black Rascal Creek, approximately three hundred (300) feet east of McKee Road (the bounded area) and formerly zoned as "A-R," Agricultural-Residential, under the Merced County Code, as to any parcel of property within the bounded area subject to the following conditions and limitations:

1. The parcel of property is at least one (1) acre in size.

2. The parcel of property is not further subdivided or developed for urban uses. For example, if a parcel of property currently has one (1) residential dwelling unit on it and the owner seeks to develop the parcel of property with two (2) to six (6) residential dwelling units, that parcel of property if approved for such development would thereafter be subject to Section 6.04.080 of this code.

3. On and after March 5, 2003, the type and number of animals kept on any parcel of property in the bounded area was lawful under Merced County ordinances, standards, and regulations.

4. On and after March 5, 2003, the parcel of property was and continues to be maintained consistent with the health, environmental, and property maintenance requirements and standards under the Merced County Code, county standards, or county requirements.

5. Any parcel of property without animals as of March 5, 2003 shall not be precluded from having them so long as the restrictions and limitations of this subsection are met by the owner or tenant of such parcel of property.

6. Any parcel of property with animals may change or exchange the type and/or number of animals on such parcel of property as long as the requirements of this subsection are met and the limitations and restrictions of this subsection are not exceeded.

7. The raising and keeping of specific types of animals shall be allowed in the bounded area on any parcel of property as set forth in Table 6.04.081A below:

Table 6.04.081A Allowed Animal Raising Activities

Key

1 Up to two (2) large animals (i.e., horses, cows, ostriches, and swine) or up to five (5) birds, other than household pets, are permitted per acre parcel. More require approval of the director of development services. No commercial operations are allowed.

2 Up to two (2) roosters are permitted. An exception may be made by the director of development services for FFA, 4-H and other educational poultry projects.

3 Wild animals may require state and/or federal permits.

B. The area generally bounded by San Augustine Drive (extended) to the west, the north property lines (listed below) to the north, the east property lines of APN 206-010-009 to the east, and the south property line of APN's listed below to the south, inclusive of five (5) parcels also known as Assessor's Parcel Numbers 206-010-005, 206-010-006, 206-010-007, 206-010-008, and 206-010-009 on the north side of Pettinotti Road, (the bounded area) and formerly zoned as "A-1," General Agricultural, under the Merced County Code, as to any contiguous parcels under same ownership within the bounded area subject to the following conditions and limitations:

1. The contiguous acreage of all parcels under the same ownership shall be at least three (3) acres in size.

2. The parcel of property is not further subdivided or developed for urban uses. For example, if a parcel of property currently has one (1) residential dwelling unit on it and the owner seeks to develop the parcel of property with two (2) to six (6) residential dwelling units, that parcel of property if approved for such development would thereafter be subject to Section 6.04.080 of this code.

3. On and after February 16, 2006, the type and number of animals kept on any parcel of property in the bounded area was lawful under Merced County ordinances, standards, and regulations.

4. On and after February 16, 2006, the parcel of property was and continues to be maintained consistent with the health, environmental, and property maintenance requirements and standards under the Merced County Code, county standards, or county requirements.

5. Any parcel of property without animals as of February 16, 2006 shall not be precluded from having them so long as the restrictions and limitations of this subsection are met by the owner or tenant of such parcel of property.

6. Any parcel of property with animals may change or exchange the type and/or number of animals on such parcel of property as long as the requirements of this subsection are met and the limitations and restrictions of this subsection are not exceeded.

7. The raising and keeping of specific types of animals shall be allowed in the bounded area on any parcel of property as set forth in Table 6.04.081B below:

Table 6.04.081b Allowed Animal Raising Activities

Key

1 Up to two (2) large animals (i.e., horses, cows, ostriches, and swine) or up to five (5) birds, other than household pets, are permitted per acre parcel. More require approval of the director of development services. No commercial operations are allowed.

2 Up to two (2) roosters are permitted. An exception may be made by the director of development services for FFA, 4-H and other educational poultry projects.

3 Wild animals may require state and/or federal permits.

C. All seventeen (17) properties on either side of Mather Road located north of Mission Avenue and South of Winder Avenue, also knows as Assessor's Parcel Numbers 259-140-001 to 259-140-017, subject to the following conditions and limitations:

1. The parcel of property is not further subdivided or developed for urban uses. For example, if a parcel of property currently has one (1) residential dwelling unit on it and the owner seeks to develop the parcel of property with two (2) to six (6) residential dwelling units, that parcel of property if approved for such development would thereafter be subject to Section 6.04.080 of this code.

2. As of October 1, 2008, the type and number of animals kept on any parcel of property in the bounded area of Mather Road was lawful under Merced County ordinances, standards and regulations. If this is true, then the types and numbers of animals on said parcel may continue after annexation to the city.

3. On and after October 1, 2008, the parcel of property in the bounded area of Mather Road was and continues to be maintained consistent with the health, environmental and property maintenance requirements and standards under the Merced County Code, county standards or county requirements.

4. Any parcel of property in the bounded area of Mather Road without animals as of October 1, 2008 shall not be precluded from having them as long as the restrictions and limitations of this subsection are met by the owner or tenant of such parcel of property.

5. Any parcel of property in the bounded area of Mather Road with animals may change or exchange the type and/or number of animals on such parcel of property as long as the requirements of this subsection are met and the limitations and restrictions of this subsection are not exceeded.

6. The raising and keeping of specific types of animals shall be allowed in the bounded area of Mather Road as set forth in Table 6.04.081C of this section:

Table 6.04.081c Allowed Animal Raising Activities

Key

1 Up to two (2) large animals (i.e., horses, cows, ostriches, and swine) or up to five (5) birds, other than household pets, are permitted per acre parcel. More require approval of the director of development services. No commercial operations are allowed.

2 Up to two (2) roosters are permitted. An exception may be made by the director of development services for FFA, 4-H and other educational poultry projects.

3 Wild animals may require state and/or federal permits.

D. In the event of noncompliance with any condition in subsection A, B or C, as applicable, the parcel or property subject to either subsection A, B or C under this section shall be immediately and thereafter subject to the regulations and requirements contained in Section 6.04.080 of this code.

(Ord. 2319 § 1, 2008: Ord. 2225 § 2, 2006: Ord. 2111 § 1, 2003).

Any person who owns or is responsible for the care, custody or control of livestock or chickens must maintain the animals within a lawful fence. A lawful fence is good, strong, substantial and sufficient to prevent the ingress and egress of the animals housed.

(Ord. 1880 § 1 (part), 1994).

The owner of any animal, wild or domestic, shall provide proper and adequate food, water, shelter, qualified medical care and attention for such animal at a level which insures the animal's safety, good health, and well-being. The owner shall maintain any encloses or surroundings where the animal is kept in a sanitary condition.

(Ord. 1880 § 1 (part), 1994).

Any person who prevents, resists, threatens, or obstructs an attempt by the animal control manager pursuant to this chapter to inspect or impound an animal or any person who conceals or secretes any animal subject to inspection or impoundment or any owner who fails to relinquish upon lawful demand any animal to be impounded shall be guilty of a misdemeanor.

(Ord. 1880 § 1 (part), 1994).

No person shall wilfully make a false or misleading statement or representation to the animal control manager acting in his or her official capacity, regarding the ownership or right to custody or control of an animal for which a permit or license is required, or regarding the ownership of an animal redeemed from, relinquished to, impounded by, or taken up by the animal control manager pursuant to this chapter.

(Ord. 1880 § 1 (part), 1994).

A. The animal control manager is authorized to charge and collect a fee from any person who calls the animal control manager to his/her residence requesting emergency assistance and, upon his arrival, the animal control manager determines either (1) that the emergency is unfounded, or (2) that the person requesting the assistance is not at the residence.

B. The amount of the fee authorized under this chapter shall be weighted average hourly rate for the costs to the animal control division of such services.

(Ord. 1880 § 1 (part), 1994).

It is the duty of any person having knowledge that any animal capable of transmitting rabies has bitten or otherwise exposed to rabies a human being within the city to immediately report that fact to the health officer or the animal control manager and to furnish complete information thereof, including, but not limited to, any knowledge of the whereabouts of said animal.

(Ord. 1880 § 1 (part), 1994).

Any person keeping, harboring, maintaining, or owning a dangerous, vicious, or wild animal that escapes from its confinement shall immediately notify the animal control manager of such escape. Notification shall first be by phone and shall be followed with written notification which includes the following information, as known:

(1) The date, place, and time of the animal's escape;

(2) A description of the animal and its condition at the time of escape; and

(3) The name, address, and residential and occupational telephone numbers of the owner of the animal.

(Ord. 1880 § 1 (part), 1994).

Unless a fee amount is specifically provided within this chapter, the city council shall by resolution, from time to time, establish fees including but not limited to, fees for impoundment, licensing, kenneling, adoption, and boarding of animals.

(Ord. 1880 § 1 (part), 1994).

The animal control manager is given the authority to charge fees for services regarding transporting, receiving, surrendering, tranquilizing, and cremating of animals. In addition to the foregoing, the animal control manager may charge fees to recover the costs of services not specifically mentioned or required by this section up to a maximum of $25.00.

(Ord. 1880 § 1 (part), 1994).

The animal control manager, under direction, shall supervise the animal control center and all animal control personnel.

A. Responsibility. The animal control manager is responsible for the regulation and the enforcement of this chapter and other laws dealing with animals existing within the city. The duties of the animal control manager shall include, but not be limited to, the following:

(1) To administer the animal control center and keep such records as may be required;

(2) To take up and impound animals which are in violation of this chapter;

(3) To remove and dispose of the carcass of any animal found on any county roadway, street, alley or other public place;

(4) To quarantine animals and to cooperate with the county health officer;

(5) To administer licensing and permit programs as provided for in this chapter; and

(6) To abate animal nuisances.

B. Rules and regulations. The animal control manager may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of this chapter. Compliance with such rules and regulations shall be prerequisite to the issuance and continued validity of any license or permit provided herein.

C. Authority to carry fires. The animal control manager may hereby authorize such animal control officers as he or she may specifically designate to carry firearms when acting in the course and scope of their employment pursuant to Section 12031 of the Penal Code of California.

D. Authority to arrest and to issue citations. In the performance of his or her duties, the animal control manager and each animal control officer shall have the authority and immunities of public officers and employees as set forth in California Penal Code Section 836.5 to make tests without a warrant or to issue citations pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the California Penal Code whenever he or she has probable cause to believe that the person to be arrested has committed a violation of this title or of any ordinance or statute which he or she has the duty to enforce.

E. Authority to pursue. In the performance of his or her duties, the animal control manager and each animal control officer shall have the authority, when in pursuit of an animal which is in violation of a provision of this code, to go upon the property of the owner or a third person for the purpose of impounding the animal, provided that in the course of such pursuit he or she shall exercise reasonable care to avoid causing damage to the propel and shall comply with Section 6.04.190A of this chapter.

F. Authority to use tranquilizer equipment. In the performance of his or her duties, the animal control manager and each animal control officer shall have the authority to employ the use of tranquilizer equipment and all other animal control devices commonly used by other animal control agencies located within the state of California.

G. Authority to destroy. The animal control manager shall have the authority, when a clear and present danger to public safety exists and reasonable means of capture have failed, to direct the humane destruction of an animal in the field.

(Ord. 1880 § 1 (part), 1994).

Any animal shall be taken up and impounded at the animal control center (or at such other place as may be approved by the director) if, to the knowledge of the animal control manager, any of the following conditions exist:

(1) Said animal is engaged in an activity or existing in a condition prohibited by this chapter;

(2) Said animal is, or will be, without proper care due to the injury, illness, death, incarceration, or other involuntary absence of the owner or person responsible for the care of such animal; or

(3) Said animal is required to be quarantined.

A. Impoundment on private property. An animal which has become subject to impoundment while off the property of its owner and has returned to the same shall not be impounded if the owner is present to accept a citation for the offense, unless, except as provided in Section 53074 of the California Government Code, a clear and present danger to public safety exists by virtue of the animal remaining upon the property.

B. Notice of impoundment. When an animal wearing a current city license is impounded, the animal control manager shall attempt to notify the owner of record by telephone or by mail of the date and place of impoundment or removal.

C. Duration.

(1) All impounded dogs found wearing a current city dog license tag shall be kept in the animal control center or other authorized place of impoundment for a period of not less than five (5) calendar days after the day of impoundment, mess redeems wig such period except as provided in Section 6.04.190E of this chapter.

(2) All impounded dogs not wearing a current dog license tag shall be kept in the animal control center or other authorized place of impoundment for a period of not less than three (3) calendar days after the day of impoundment unless redeemed within such period except as provided in Section 6.04.190E of this chapter.

(3) Any animal impounded pursuant to Section 6.04.190(2) of this chapter shall be kept in the animal control center or other authorized place of impoundment for at least ten (10) calendar days.

(4) Any other impounded animal shall be kept in the animal control center for at least three (3) calendar days after the day of impoundment unless it is redeemed within such period.

(5) Any animal which is voluntarily surrendered to or deposited with the animal control manager by the owner shall not be deemed to be impounded and need not be kept or retained for any minimum period of time.

(6) Any feral animal shall not be kept or retained for any minimum period of time.

(7) Any impounded animal which is of a type referred to in Section 17003 of the California State Agriculture Code shall be kept in the animal control center or other authorized place of impoundment for at least five (5) calendar days unless it is redeemed within that period.

D. Redemption.

(1) The owner of any animal impounded may, at any time before the expiration of the period of impoundment, redeem the animal by paying all fees and charges accrued provided, however, if the animal is one which is subject to the licensing provisions of this chapter, the licensing requirements must be satisfied before the animal is released.

(2) If the impounded animal is not currently vaccinated against rabies as required, and the owner has not previously been cited for fail to license, or the animal has not been previously impounded within the preceding the (30) days, the animal may be released to the owner upon payment of all fees rewired (including the license fee and penalty fee, if applicable) on condition that the owner shall:

(a) Have the animal vaccinated for rabies in accordance with Section 6.04.210 of this chapter within fourteen (14) calendar days; and

(b) Exhibit a valid certificate of such vaccination to the animal control manager within fourteen (14) calendar days, at which time the license will be issued. Otherwise, the subject animal must be vaccinated against rabies by a veterinarian designated by the animal control manager prior to redemption and the cost of the vaccination and any other costs accrued accomplishing the vaccination, including additional impoundment fees, must be satisfied before the animal is released.

E. Disposition of impounded and surrendered animals.

(1) Except as otherwise provided in this chapter, an impounded animal which is not redeemed within the applicable holding period specified in this chapter or an animal voluntarily surrendered to the animal control manager, except an animal that has been impounded for quarantine or is known to have bitten a human or to have demonstrated dangerous or vicious propensities, may, at the discretion of the animal control manager, be sold for its fair market value as determined by the animal control manager and upon reasonable conditions as the animal control manager finds appropriate or may be destroyed.

(2) When any unsterilized dog or cat is to be sold pursuant to this section, prior to the delivery of the animal there shall be deposited by the purchaser with the animal control manager an amount of money which shall be a deposit for spaying or neutering of the purchased animal pursuant to Food and Agriculture Code Sections 3053 and 31751. The amount of said deposit shall be designated by the animal control manager and shall cover the approximate average cost of spaying or neutering. It shall not exceed the maximum fee set forth in Food and Agriculture Code Sections 3053 and 31751. The deposit shall be refunded to the purchaser of the animal upon presentation of written proof of spay or neuter to the animal control manager. The written proof must be provided within sixty (60) days, in the case of a dog or cat over the age of six (6) months and within six (6) months for dogs and cats under six (6) months of age. All refunds are processed through the county auditor's office. Failure to provide written proof of sterilization within the required time period will result in the forfeit of the deposit. Those funds that have been deemed forfeited may be deposited in the county treasury for uses set forth in Sections 3053 and 31751 of the Food and Agriculture Code. Further, it shall constitute an infraction to fail to sterilize any dog or cat adopted from the county animal shelter and the unsterilized animal may be impounded.

(3) When an animal is sold, the receipt issued by the animal control manager shall be valid title to the purchaser.

(4) Notwithstanding any other provision of this chapter to the contrary, an impounded animal which is determined by the animal control manager or the health officer to constitute a health hazard or which is critically injured or ill may be destroyed or otherwise disposed of as ordered by the animal control manager upon the concurrence of the health officer or a licensed veterinarian.

F. Livestock hauling fee.

(1) When it is necessary for the impoundment of livestock or large quadruped animals to utilize specialized hauling equipment, the owner of the animals shall be charged a livestock hauling fee.

(2) A schedule of fees for hauling livestock shall be established by the animal control manager. Such scheduling of fees shall reflect the approximate cost of impounding and hauling the livestock or other large animals including labor and transportation.

G. Impoundment fees. The animal control manager shall charge and collect fees for every impounded animal when claimed and before release. The amount of said fees shall be established as provided in Section 6.04.160 of this chapter.

H. Absence of liability. No liability shall be incurred for the disposition of any animal made pursuant to the provisions of this chapter.

I. Relief from fees. Upon the recommendation of the animal control manager to the director, the fees provided for by this chapter may be waived when animals have been impounded because of civic disorganization, disruption or other conditions of civil emergency or because of devastation due to fire, flood, earthquake, storm or other natural calamity.

J. Waiver of fees. The director may authorize the animal control manager to waive, in full or in part, fees, exclusive of licensing or permit fees, if necessary to accomplish the protection of animal or public health, safety, or welfare or if the owner provides satisfactory evidence that he or she was not at fault, explicitly, for the impoundment or keeping of the animal at the animal control center.

K. Rental of traps. Traps for live-trapping of animals may be maintained and rented to the public by the animal control manager. A deposit shall be collected for each trap and shall be refunded upon return of the trap in good condition. The period of use shall be seven (7) calendar days. A schedule of fees for trap deposit and rental shall be established by the animal control manager.

(Ord. 1880 § 1 (part), 1994).

A. The animal control manager shall ensure that all animals falling into the following categories shall be isolated or quarantined or destroyed and a rabies specimen taken at the animal control center or at such other place and under such conditions as are prescribed by the health officer or authorized according to other applicable California state laws and regulations:

(1) Known rabid animals;

(2) Suspected rabid animals;

(3) Animals that have bitten or otherwise exposed a human to rabies; and

(4) Animals of a species subject to rabies which have been bitten by a known rabid or suspected rabid animal or have been in intimate contact with a known rabid animal or suspected rabid animal.

In those circumstances where the bit or exposure to rabies occurred while the victim was on the property of the owner of the animal or when the victim is a member of the fly or household of the owner, and when the animal is currently vaccinated against rabies and, as applicable, licensed as required by the provisions of this chapter, the animal may, at the discretion of the animal control manager, be quarantined on the property of the owner provided the following:

(1) The owner of said animal can and does agree to ensure its confinement for the period of quarantine, and

(2) The owner agrees, upon demand of the health officer or the animal control manager during the period of quarantine, to surrender the animal to the animal control manger.

(3) The owner agrees to immediately notify the animal control manager if the animal escapes, becomes ill, or dies.

It is unlawful for the owner or keeper of an animal to violate any of the conditions of isolation or quarantine prescribed by the health officer.

B. Non-vaccinated biting animals fee. Notwithstanding any other provision of this chapter, the owner of any animal which is required by law to be vaccinated for rabies and which has not been so vaccinated and which bites or wounds any person or other animal shall be subject to a fee as established by resolution.

C. Delivery of carcass. Upon the death of any known rabid animal, suspected rabid animal, or animal which has bitten or otherwise exposed a human to rabies, the animal control manager shall obtain and hold for the health officer the carcass of the animal or an adequate specimen thereof, except that the animal control manager is not responsible for the gathering of a specimen from the carcass of an animal.

D. Epidemics. The health officer may determine and declare that a rabies epidemic or other unusually dangerous health situation exists among dogs or other animals in the city, or in any part thereof. Upon making of such a declaration, the health officer shall prepare and promulgate such rules and regulations as are necessary for the conduct of all persons within the area where the dangerous condition exists, and the dogs and other animals within the area. These rules and regulations of the health officer may include, but are not limited to, quarantine, vaccination and destruction of diseased or suspected rabid or stray animals by humane methods. Such rules and regulations shall be effective when filed with the city clerk. It shall be the duty of the animal control manager to comply with all directives of the health officer in the enforcement of the rules and regulations. A violation of any such rules and regulations shall be deemed a violation of this chapter.

(Ord. 1880 § 1 (part), 1994).

A. Every dog over four months of age shall have a medically current vaccination with an appropriate anti-rabies vaccine approved by the California State Department of Health Service.

B. Every cat over four months of age shall have a medically current vaccination with an appropriate anti-rabies vaccine approved by the California State Department of Health Services.

C. Every person who owns or comes to own an unvaccinated dog or cat over four months of age shall have thirty (34) calendar days in which to comply with the provisions of this chapter.

D. Every veterinarian, after vaccinating a dog or cat for rabies, shall issue a certificate to the owner. The certificate shall include the following information:

(1) The owner's full name, address, and telephone number;

(2) The breed, age, sex, and color or markings of the animal;

(3) The date of immunization;

(4) The type of vaccine administered;

(5) The name of the vaccine manufacturer;

(6) The lot number of the vaccine used; and

(7) The signature of the veterinarian administering the vaccination of his or her agent.

E. If a copy of the certificate is on file with the animal control manager, a duplicate copy may be provided when requested by the owner of the animal. An administrative fee shall be charged for each duplicate certificate issued.

F. The owner must maintain the certificate of vaccination, or a copy thereof, and must, upon demand of a public or peace officer acting within the course and scope of his or her employment, display said certificate for examination.

G. Upon written proof provided by a veterinarian that an animal has a medical condition which would cause it to be endangered by receiving anti-rabies vaccination and upon written acceptance of such proof by the health officer, the animal control manager may exempt the animal from the vaccination requirements herein so long as the animal is confined at all times and so long as the medical condition is proven to exist.

(Ord. 1880 § 1 (part), 1994).

Upon request by the animal control manager, every veterinarian practicing veterinary medicine within the city shall furnish the animal control manager with a copy of every rabies vaccination certificate prepared by him or her. Said certificates may be mailed to the animal control manager or made available to him or her at the veterinarian office.

(Ord. 1880 § 1 (part), 1994).

Whenever any agent or staff of the division of animal control discovers through a vaccination certificate obtained from any veterinarian that an animal named thereon is unlicensed, the owner of such animal will be notified by mail that such animal is unlicensed and that such animal must be licensed within fifteen (15) days of the date of the notice. The owner of any such dog which has been previously licensed by the city shall be subject to a delinquent fee as set forth in Section 6.04.260 of this chapter. The owner of any such dog which has never been previously licensed in the city who obtains a license within fifteen (15) days of the date of said notice shall be subject to an administrative fee plus the license fee or any other applicable fee. The owner of such dog which has never been previously licensed in the city who does not obtain a license within fifteen (15) days of the date of said notice shall be subject to a delinquent fee as set forth in Section 6.04.260 of this chapter, plus the license fee or any other applicable fee.

(Ord. 1880 § 1 (part), 1994).

Every owner of an unlicensed or untagged dog shall be deemed to be in violation of this chapter and is guilty of an infraction except as otherwise provided herein.

(Ord. 1880 § 1 (part), 1994).

Every owner of a dog which does not have a cent vaccination for rabies as evidenced by an official certificate therefor, shall be deemed to be in violation of this chapter and guilty of an infraction except as otherwise provided herein.

(Ord. 1880 § 1 (part), 1994).

A. Every dog over four months of age shall be subject to a dog license fee, due and payable by its owner not later than when the dog is five (5) months of age or, if the dog is mature when acquired, within the (30) calendar days of the acquisition of or entry into the city. Thereafter, such license fee shall become due and payable on the date of expiration on any license previously issued to the owner for the dog. The amount of such fee shall be established in accordance with Section 6.04.160 of this chapter. For dogs which are new acquisitions and have a rabies vaccination that is valid for less than twelve (12) months, a partial year license may be issued. The license fees will be one-half the regular one (1) year license fee. The license will expire with the rabies vaccination and is subject to renewal as outlined above.

B. Upon the written certification of a veterinarian that a dog has been surgically sterilized, the amount of the license fee shall be not more than one-half the fee established for intact dogs.

C. No dog license shall be issued for any dog vaccinated with a vaccine not authorized by the State of California. Should a rabies vaccination not be valid for twelve (12) months from the date of application, the owner may elect to either:

(1) Be issued a license at one-half the regular one year rate as outlined in subsection A above; or

(2) Revaccinate and be issued a license at full price which would be valid for at least twelve (12) months.

D. A dog license fee shall become delinquent the (30) calendar days after it becomes due and payable, and upon delinquency, an additional delinquent fee as established in accordance with Section 6.04.160 of this chapter shall be added to the regular fee. An unpaid delinquent fee shall be added to the succeeding year's license fee.

E. The animal control manager shall procure and issue serially numbered tags stamped with the name of the city. This tag is a lifetime tag and will be unique to the animal it was issued to. The tag shall only be issued upon the application of owners who have complied with the vaccination and fee provisions of this chapter.

F. Upon presentation by the dog owner of a properly completed license application form, including proof that the rabies vaccination will be valid throughout the licensing period, and the proper license fee, and if applicable, a delinquent fee, the animal control manager shall issue a dog license. The owner shall retain the dog license form for inspection by the animal control manager upon request.

G. Every dog shall be provided by the owner with a suitable collar, harness, or other device to which the dog tag can be affixed. The dog owner shall ensure that the dog wears such license tag at all times except when the dog is being prepared for an exhibit at a dog show.

H. A license tag issued for one dog shall not be transferred or attached to any other dog.

I. A license issued to one owner shall not be transferred to another owner.

J. Whenever a license tag is lost, stolen, or damaged the owner shall apply for and obtain a replacement tag from the animal control manager upon payment of the prescribed replacement fee.

K. A fee shall not be levied for any dog license issued for a seeing eye dog owned by a blind or partially blind person or for any service dog in training or one that has been duly trained and registered with a training agency to assist a disabled person when such dog is actively used for the purpose trained, or for any dog primarily used to assist a peace officer engaged in law enforcement duties.

L. Despite anything in this chapter to the contrary, when an owner brings into the city a dog which has been licensed in another jurisdiction, the dog shall be licensed within thirty (30) calendar days as outlined in this chapter. If the license from the other jurisdiction is valid for at least twelve (12) months, a one (1) year license may be obtained for replacement tag fees upon the surrender of the other jurisdiction's license and the proper completion of a license application. If the dog owner elects to purchase a two (2) or three (3) year license, it shall be issued at the applicable fee and procedure as outlined in subsection A of this chapter.

M. Kennel permit exemption. Any person or place of business that has properly applied for and received a valid kennel permit as outlined in Section 6.04.270C is exempt from licensing each individual dog as described in Section 6.04.260. This exemption does not relieve the permit holder of the responsibility of vaccination as outlined in Section 6.04.210.

(Ord. 1880 § 1 (part), 1994).

A. Purpose. The purpose of this chapter is to establish special regulations applicable to the following:

(1) The operation of kennels as defined in subsection U of Section 6.04.010 of this chapter;

(2) The keeping of wild animals as defined in subsection AC of Section 6.04.010 of this chapter; and

(3) The operation of catteries as defined in subsection H of Section 6.04.010 of this chapter.

The operation of kennels or catteries and the keeping of wild animals constitute types of activity which require special investigation, review and regulation to ensure that both public and animal health, safety, and welfare are protected. The necessity to conduct such investigation, review and regulation arises for reasons which include, but are not necessarily limited to, the following: (i) the fact that such activities create health or safety risks which require special regulation and (ii) the tendency of such activities to create, whether intentionally or unintentionally, a public nuisance.

B. Permits. Within the context of this chapter and unless otherwise stated, "permits" shall include licenses issued by the animal control manager pursuant to the provisions of this chapter which authorize either the maintaining and operating of a kennel or cattery (a kennel/cattery permit) or the keeping of a wild animal (a wild animal permit) but shall not include licenses issued by the animal control manager pursuant to the provisions of Section 6.04.260 which authorize the keeping of a dog.

C. Permit required.

(1) No person shall maintain or operate a kennel or cattery or keep, harbor, or maintain a wild animal within the geographic area of the city without first, being appropriately zoned for such activity and second, applying to and receiving from the animal control manager an annual permit to do so.

(2) A person shall be deemed to maintain or operate a kennel if the person keeps, harbors, or maintains more than five (5) dogs over four (4) months of age.

(3) A person shall be deemed to maintain or operate a cattery if the person keeps, harbors, or maintains more than five (5) cats over six (6) months of age.

(4) The following shall be exempt from the requirements of this chapter;

(a) Persons keeping wild animals solely and exclusive as part of a bona fide rehabilitation or educational activity sanctioned by the State of California, Department of Fish and Game; and

(b) Non-profit enterprises recognized by the State of California as animal shelters or humane societies which shelter animals.

(5) If a person operates more than one kennel or cattery or maintains wild animals at more than one address, a separate permit shall be required for each location where the person maintains a kennel or cattery or keeps a wild animal.

D. Special regulations. The operation of kennels or catteries in appropriately zoned areas and the keeping of wild animals are subject to special regulations governing their operations as set forth in Section 6.04.270 of this chapter. Any such regulations not specifically set forth herein shall be promulgated by the appropriate officer and shall be effective when approved by the animal control director.

The issuance of a permit shall not be deemed to relieve or excuse the owner from the provisions and requirements of Chapter 6.04 in its entirety; nor from any other applicable requirement as set forth in existing federal, state, or local zoning codes, health and safety codes, business codes or other laws, ordinances, or requirements governing the operation of such a kennel or cattery enterprise or the keeping of such wild animals.

E. Application filing. All applications for a permit shall be filed, with the required fees, with the animal control manager. Applications for a kennel/cattery permit shall be accompanied by copies of the rabies vaccination certificates for all dogs or cats to be kept pursuant to the kennel/cattery permit. The animal control manager shall receive any fee required for the application, assure that the application is complete, and conduct such investigation and review as is necessary for action. The application for a permit shall contain such information and be filed on a form as is prescribed by the animal control manager.

F. Fees.

(1) The fee for the issuance of a permit shall be due and payable by the owner prior to the establishment of the kennel or cattery or the keeping of the wild animal within the city and thereafter on the same date each calendar year, the amount of which shall be established pursuant to Section 6.04.160 of this chapter.

(2) The fee for a permit becomes delinquent fourteen (14) calendar days after it becomes due and payable, and upon delinquency, an additional delinquent fee as established pursuant to Section 6.04.160 of this chapter shall be added to the regular fee.

G. Investigation. The animal control manager shall conduct such investigation of the background of the owner and the applicant and the history and physical condition of the kennel or cattery or keeping of the wild animal, including physical inspection of the premises, as is deemed appropriate. The animal control manager shall consider as evidence of disregard for the purposes of this chapter any revocation of prior permits or conviction on charges directly related to animal cruelty involving the applicant or owner. Such character evidence may be used as cause for denying the application for a permit.

H. Issuance. The animal control manager shall issue the permit within ninety (90) days after the date of application unless either:

(1) The animal control manager finds in writing that applicant fails to provide information requested with the application which is essential to making a determination;

(2) The animal control manager finds in writing that any of the statements made in the application or supplement information submitted are incorrect or untrue;

(3) The animal control manager finds in writing an authorized basis for denial of the permit;

(4) The animal control manager finds in writing that the applicant does not satisfy any requirement applicable to the permit; or

(5) The animal control manager finds in writing that the applicant or enterprise does not conform to existing federal, state, or local zoning codes, health and safety codes, business codes, or other laws, ordinances or requirements governing operation of such a kennel or cattery enterprise or the keeping of such wild animal.

I. Conditions. The animal control manager may issue a permit upon such conditions relating to the method or manner of operation of the kennel or cattery or the keeping of wild animal as he or she deems necessary to protect the health and safety of the public or the animals kept.

Any condition imposed pursuant to the provisions of this section, whether established at the time of issuance, at the time of renewal or during the term of a permit shall be embodied, together with the reasons therefore, in a written notice which is served upon the applicant or holder. The condition shall become effective fourteen (14) calendar days following the date of service of the notice thereof; provided that in the event an appeal therefrom is filed within the time and in the manner prescribed, the condition shall not become effective until the appeal is finally determined.

J. Contents of permits. The permit shall contain a complete description of the kennel or cattery or place of keeping authorized by the permit; the business name (if applicable), address, and telephone number of the location so permitted; the name, address, and business and home telephone numbers of the owner of the kennel or cattery or the keeper of the wild animal, the number of animals to be kept pursuant to the permit, and any conditions upon which the permit is issued. The kennel/cattery permit or the wild animal permit or a copy thereof shall be made available for inspection upon demand by any public or peace officer acting within the scope and course of his or her employment.

K. Changes in status. During the term of any permit issued pursuant to this section, the holder of the permit shall immediately file, in writing with the animal control manager, notice of any changes in the kennel or cattery or the location of keeping of the animal which relate to changes in the information given in the application for the permit. The animal control manager shall issue an amended permit which shows any changes in the permit.

L. Renewal of permits. Approximately forty-five (45) calendar days prior to the expiration of the term of a permit, the animal control manager shall transmit to the permit holder by mail an application for renewal. The application for renewal shall be on such a form and include such information as is required by the animal control manager and as is consistent with the information required in subsections E and G of this section, with the exception that the animal control manager shall act upon the application for renewal not later than thirty (30) calendar days after the date a valid application for renewal is filed.

The animal control manager shall extend the term of the immediately preceding permit during the period of any investigation or examination required to determine whether the permit should be renewed.

M. Standards. The animal control manager shall, with the approval of the director, set minimum standards for the proper care and maintenance both of a kennel or cattery or a place of keeping of wild animals and of the animals kept therein which are, at a minimum, consistent with applicable state and federal standards. A copy of such standards shall be provided in writing to the applicant with each initial application for or application for renewal of permit.

The animal control manager shall notify each permit holder no less than ninety (90) calendar days in advance of any proposed change in the standards and shall advise the permit holder that comments regarding any change may be submitted to the director for review and consideration within thirty (30) calendar days of notification. No change in the standards may be put in force without authorization of the director given at least thirty (30) calendar days in advance of the proposed effective date of the change.

N. Compliance with standards. Each applicant or permit holder must demonstrate that the premises, facilities, cages, vivariums, aquariums and equipment addressed in the permit comply with the standards on an ongoing basis. Upon request of the animal control manager, and during normal business hours or by a mutually agreed time for appointment, the applicant or permit holder must make the premises, facilities, cages, vivariums, aquariums and equipment available for inspection by the animal control manager. Failure to allow visual inspection as required shall be deemed failure to comply with the requirements of this chapter and shall be considered cause for denial of application or revocation of the permit.

O. Failure to comply with standards. If the applicant or permit holder fails to meet the requirements set in the standards, the animal control manager shall so notify the applicant or permit holder in writing within three (3) calendar days of discovery of the failure to comply with the standards. The written notice shall advise the applicant or permit holder of any existing deficiency and the corrective measures that must be taken and completed to bring the premises, facilities, cages, vivariums, aquariums and equipment into compliance with the standards.

The applicant or permit holder shall be given no more than thirty (30) calendar days and no less than fourteen (14) calendar days to complete the corrective measures, except that if any deficiency threatens the health or welfare of the animals kept or of the public, such corrective measures shall be made immediately or no later than one (1) day after the discovery of the deficiency.

Failure to correct the noted deficiencies as required shall be deemed failure to comply with the standards and shall be considered cause for denial of application or for revocation of the permit and may be considered cause for animal nuisance.

P. Grounds for denial or revocation. The animal control manager may deny an initial application for or application for renewal of a permit or may revoke a permit during its term if written findings described by subsections N and O of this section of this chapter are made.

Q. Method of denial or revocation. A denial of an initial application for or application for renewal of a permit or revocation of an existing permit made by the animal control manager shall be in writing, with the reasons for denial or revocation stated. Written notice of the denial or revocation, together with a copy of the provisions of this section and the standards and any other provisions of Chapter 6.04 which are applicable to the permit, shall be served either in person or by mail to the applicant or permit holder.

Denial of an initial application for or application for renewal of a permit or revocation of an existing permit shall prohibit operation of the kennel or cattery or keeping of the wild animal at any location which is governed by this chapter.

With respect to denial of an application for renewal of a permit or revocation of an existing permit, the immediately preceding permit shall be deemed to be in full force and effect for a period of fourteen (14) calendar days following the date of service upon the applicant or permit holder of the notice of denial or revocation. In the event the applicant files an appeal from the denial or revocation in the manner and within the time prescribed by Section 6.04.270R, the immediately preceding permit shall continue in full force and effect during the pendency of the appeal, until the date of final decision by the appellate authority.

R. Appeals. The holder of a permit or applicant therefor may file an appeal from the following:

(1) The denial of an initial application for or application for renewal of a permit pursuant to the provisions of subsection Q of this section;

(2) The imposition of conditions at the time of issuance of an initial or renewed permit, pursuant to the provisions of subsection I of this section; or

(3) The revocation of an existing permit pursuant to the provisions of subsection Q of this section.

Any such appeal shall be in writing in the form of an affidavit, shall state the specific reasons therefor and grounds asserted for relief, shall be signed under penalty of perjury, and shall be filed with the animal control manager no later than fourteen (14) calendar days after the date of service of the notices prescribed by subsections I and Q of this section, as may be applicable. If an appeal is not filed with the time or in the manner prescribed above, the right to review the denial, conditions, or revocation shall be deemed to have been waived.

Upon receipt of the appeal, a hearing shall be set in accordance with the provisions of Section 6.04.300 of this chapter.

S. Effect of revocation. The revocation of a permit shall terminate the right of the holder of the permit to engage in the enterprise or activity authorized by the permit for a period specified in the order of the hearing officer.

In the event of revocation of a permit, no other person shall be entitled to any rights or interests under the revoked permit, nor shall any such person be entitled to issuance of a permit for the enterprise except upon written application filed with the animal control officer in accordance with the provisions of this chapter.

T. Removal of animals. Upon revocation of the permit, the permit holder shall have fourteen (14) calendar days in which to remove from the city or otherwise dispose of the animal kept pursuant to the permit or to appeal the decision of the hearing officer. Should the owner fail to take such action, the animal control manager shall have the authority to seize the animal in a manner provided by law and dispose of it in accordance with the provisions of this chapter.

(Ord. 1880 § 1 (part), 1994).

A. Declaration. The keeping, harboring, maintaining, or owning of any animal committing an animal nuisance as defined in Section 6.04.010D of this chapter, in addition to being a violation of this chapter, is hereby declared to be a nuisance subject to abatement proceedings conducted in a similar, but not necessarily identical, manner as proceedings for abatement of other public nuisances.

B. Authority to abate. Upon a determination after a hearing held in accordance with the provisions of Section 6.04.300 of this chapter, the animal control manager shall have the authority to take whatever measures are specified in the determination to abate the animal nuisance including, but not limited to, impoundment and destruction of the nuisance animal.

C. Complaint. Any person aggrieved by an animal nuisance may file a complaint, signed under penalty of perjury, with the animal control manager. Such complaint shall be in writing in the form of an affidavit and shall contain the following facts:

(1) A description of the offending animal including, to the extent known, the color, size, sex, breed, and name of the animal, and the name and address of the owner of the animal;

(2) An assertion that the animal described creates an animal nuisance within the meaning of Section 6.04.010D of this chapter, together with a statement of facts upon which the assertion is based, including the name and address of any person who has been aggrieved by the animal, a description of the animal nuisance, the names and asses of any witnesses thereto, the time, date, and location of any incident related to the assertion; and

(3) The name, residential and occupational addresses and telephone numbers of the affiant.

D. Timely fling. Unless otherwise provided, the filing of an animal nuisance complaint must be made within the (30) days of the most recent event or circumstances occasioning the complaint. Upon evidence that good cause exists that the complaint could not be filed within the (30) calendar days, the animal control manager may extend the deadline for filing of the complaint.

E. Impoundment of animal. Upon receipt by the animal control manager of a complaint filed in compliance with Section 6.04.280C and Section 6.04.280D, the animal control manager shall initiate an investigation of the incident or incidents described in the complaint for the purpose of verifying the facts stated or obtaining other information. If, after an investigation, the identified facts show the existence of an animal nuisance within the meaning of Section 6.04.280D, the animal control manager shall cause a hearing to be conducted. If such nuisance poses an imminent threat to public health or safety, the animal control manager shall immediately locate and impound the animal which is the subject of the charges.

F. Notice of hearing. Not later than fourteen (14) calendar days after the impoundment of a purported nuisance animal or, if the animal is not impounded but a determination has been made to hold a hearing to abate an animal nuisance, at such time as determined by the animal control manager, the animal control manager shall either personally serve upon or mail to the residential address of the owner of the animal and affiant the following:

(1) A written notice of the time, date, and place of the hearing prescribed by Section 6.04.300 of this chapter;

(2) A copy of the complaint filed pursuant to Section 6.04.280C and Section 6.04.280D of this chapter; and

(3) A copy of the provisions of this chapter. Conversely, if, or after an investigation, the identified facts show the cause to conduct a hearing has not been shown, the animal control manager shall so notify the affiant and the animal owner in writing.

(Ord. 1880 § 1 (part), 1994).

A. Purpose. The purpose of this section is to regulate the keeping of animals which are potentially dangerous or vicious or involve a threat to the safety of people and other animals on stets, sidewalks, and private property where the animals are not properly maintained as such animals constitute a serious hazard within the city. The increasing tendency to maintain dogs which, by virtue of breeding or training, have a propensity to attack others compounds the hazard.

Every owner of an animal is held strictly accountable for the exercise of such control over the animal as necessary to insure that the animal does not injure innocent human beings or other animals who are not on the premises where the animal is maintained. Such strict accountability is hereby imposed whether or not the injury results from the negligence or fault of the owner, and regardless of the degree of precaution or control exercised by the owner.

B. Owner responsible. Any owner of any animal is deemed responsible for the acts committed by that animal when the owner has failed to comply with the legal requirements for the keeping of that animal as defined in this chapter. No person shall permit or suffer an animal to act in such a manner as constitutes dangerous or vicious behavior as defined in Sections 6.04.010K and 6.04.010AB of this chapter.

A violation of any of the provisions of this section is punishable as follows:

(1) Any animal owner who maintains an animal in such a manner as to permit or suffer it to exhibit dangerous behavior shall be guilty of an infraction.

(2) Any animal owner who maintains any animal in such a manner as to permit or suffer it to exhibit vicious behavior shall be guilty of a misdemeanor.

Nothing in this section shall prevent prosecution for violations of other statutes or codes which may deal with other or more specific offenses, including but not limited to, penal and civil statutes.

C. Sale prohibited. No animal held in custody by the animal control manager which is known to have exhibited dangerous or vicious behavior as defined in this chapter shall be released for sale to any member of the public, but rather shall be destroyed upon exhaustion of the required period of impoundment unless legally reclaimed by the owner.

D. Quarantine. No animal which has been declared dangerous or vicious or against which dangerous or vicious animal affidavit has been filed may be impounded or quarantined at any place other than the animal control center unless authorized by the animal control manager.

E. Filing of charges. Any person, including employees of animal control, possessing personal knowledge of facts that there exists a dangerous or vicious animal within the city may file with the animal control manager a written affidavit, signed under the penalty of perjury, which contains the following facts:

(1) A description of the offending animal including, to the extent known, the color, size, sex, breed and name of the animal, and the name and address of the animal owner;

(2) An assertion that the animal described is a dangerous or vicious animal within the meaning of Sections 6.04.010K or 6.04.010AB, together with a statement of the facts upon which the assertion was based, including the name and address of any person who has been victimized or injured, including a description of the extent of the injuries, the names and addresses of the witnesses thereto, the time, date, and location of the incident related to the assertion, and an explanation of how the personal knowledge of the affiant was acquired; and

(3) The name, residential and occupational addresses and telephone numbers of the affiant.

F. Timely filing. Unless otherwise provided, the filing of a dangerous or vicious affidavit must be made within the (30) calendar days of the most recent event or circumstances occasioning the affidavit. Upon evidence that good cause exists that an affidavit could not be filed within the (30) calendar days, the animal control manager may extend the deadline for filing the affidavit.

G. Impoundment of animal. Upon receipt by the animal control manager of an affidavit filed in compliance with Section 6.04.290E and 6.04.290F of this chapter, the animal control manager shall initiate an investigation of the incident or incidents described in the affidavit for the purpose of verifying the facts stated and obtaining other information. If, after an investigation, the identified facts show the existence of a vicious animal within the meaning of Section 6.04.010AA of this chapter, the animal control manager shall immediately locate and impound the animal which is the subject of the charges. If, or after an investigation, the animal control manger identifies facts which show the existence of a dangerous animal within the meaning of Section 6.04.010J of this chapter, he or she shall cause a dangerous animal hearing to be conducted.

H. Notice of hearing. Not later than fourteen (14) calendar days after the impoundment of a purportedly vicious animal or, if the animal is not impounded but a determination has been made to hold a hearing concerning a purported dangerous animal, at such time as is determined by the animal control manager, the animal control manager shall mail to the residential address of the owner of the animal and affiant the following:

(1) A written notice of the time, date and place of the hearing prescribed in Section 6.04.300 of this chapter, the date of the said hearing to be scheduled not earlier than fourteen (14) calendar days following personal service or deposit in the United States mail of the notice;

(2) A copy of the affidavit filed pursuant to Section 6.04.290E and 6.04.290F; and

(3) A copy of the provisions of this chapter. Conversely, if, or after an investigation, the identified facts show that cause to conduct a dangerous or vicious animal hearing has not been shown, the animal control manager shall so notify the animal owner in writing.

I. Bond required. At the discretion of the animal control wager, any animal impounded or quarantined pursuant to the provisions of this chapter may be returned to the custody of its owner pending the conduct of the dangerous or vicious animal hearing and the rendering of a decision by the hearing officer provided such return is determined to pose no threat to public health and safety.

The owner, if authorized by the animal control manager, may gain custody of the animal by posting a cash bond in the amount of one thousand dolly ($1,000) or such greater amount as is justified in writing and approved by the director as necessary to assure the return of the animal or by fishing other security upon review and approval by the city attorney, which bond or other security shall be forfeited in the event the animal is not delivered into the custody of the animal control manager if so ordered in the decision rendered by the hearing officer.

J. Registration. Any animal which has been declared by the hearing officer to be dangerous or vicious win the meaning of Section 6.04.010(J) or Section 6.04.010(AA) shall be subject to special registration requirements as follows:

An owner of a dangerous or vicious animal is required to pay, in addition to any licensing or permit fee, an annual special registration fee (as applicable) which shall be valid and renewable concurrent with the effective dates of the licensing of the animal. Late registration is subject to a penalty fee equal to two times the annual registration fee.

K. Keeping of a dangerous or vicious animal. Except as otherwise provided in the decision rendered by the hearing officer, the keeping of an animal which has been declared dangerous or vicious shall, at the minimum, be subject to the following provisions:

(1) The animal must at all times, when not under restraint by leash on public property, be securely confined under lock within a lawful fence. Except as provided by Section 17121 of the California Food and Agriculture Code, a lawful fence means any fence which is good, strong, substantial and sufficient to prevent ingress and egress of the animal. No fence is a lawful fence within the meaning of this section unless it is a height of at least five (5) feet, is securely affixed at its base and maintained in good repair;

(2) The animal must, at all times when kept in any part of a house or structure, be confined in such a manner that the animal cannot exit such building on its own volition; and

(3) The animal must, at all times, be licensed and registered as required by this chapter and must be kept in compliance with all the regulatory provisions of this chapter in its entirety;

(4) The animal owner must notify the animal control manager in writing within three (3) calendar days if the location of the animal is to be permanently changed. An administration fee will be charged to modify the issued permit.

(5) The owner must allow the animal control manager on the propel at such time as reasonable to insure the provisions ordered by the hearing officer are being complied with.

All costs associated with these provisions or any other or additional provisions ordered by the hearing officer shall be borne by the owner of the animal which has been declared to be dangerous or vicious.

L. Mitigating circumstance. In considering whether an animal is dangerous and/or vicious, the hearing officer may hear and consider evidence of any of the following mitigating circumstances:

(1) That the injury or damage complained of was sustained by a person who was committing a willful trespass or other tort upon premises occupied by the owner of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime.

(2) That the animal was protecting or defending a person within the mediate vicinity of the animal from an unjustified attack or assault.

(3) That the injury or damage complained of was sustained by a domestic animal which at the time the injury or damage was teasing, tormenting, abusing, or assaulting the animal which is the subject of the hearing.

(4) The injury or damage complained of was to a domestic animal and was sustained while the animal in question was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner and the damage or injury complained of was to a species or type of domestic animal appropriate to the work of the dog.

M. Right to destroy. Nothing in this section shall be construed to prevent the animal control manager from destroying an animal which is in the act of dangerous or vicious behavior towards any person or other animal as set forth in Sections 6.04.010K and 6.04.010AB, if such immediate destruction is reasonably necessary to protect public safety.

(Ord. 1880 § 1 (part), 1994).

A. Purpose. The purpose of this section shall be to create special procedures to assure full access to administrative remedies in the application of enforcement of this title and for the mediation of disputes involving any animal governed by this chapter. Such procedures shall be administered by the director and conducted by the hearing officer.

B. Cause for hearing. Hearings may be held to determine the following:

(1) That an animal is a nuisance animal within the meaning of this chapter;

(2) That an animal is a dangerous animal within the meaning of this chapter;

(3) That an animal is a vicious animal within the meaning of this chapter;

(4) That a permit has been denied, issued conditionally, or revoked in accordance with the provisions of this chapter;

(5) That the decision of the hearing officer has been breached; or

(6) That cause for an order no longer exists and the owner may be relieved of the conditions imposed by said order.

A person shall be deemed to have shown cause for a hearing to be held when he or she complies with the applicable appeal, complaint or charge filing provisions specified in Sections 6.04.270, 6.04.280, and 6.04.290 of this chapter.

As requested by the director, hearings may be held in order to attempt mediation of other such matters as may arise from the keeping of animals.

C. Authority of hearing officer. The hearing officer shall be authorized within the scope of authority given by Title 6 to the director, to conduct hearings to resolve conflicts arising from the application and enforcement of this title, to make binding determinations, and to mediate disputes related to the keeping of animals pursuant to this title.

D. Oaths and subpoenas. The hearing officer shall have the power to administer oaths of affirmations. At the request of either the animal control manager or the animal owner, the city clerk shall, on behalf of the city, issue subpoenas for attendance of witnesses at the hearing.

E. Hearing.

(1) Not later than the (30) calendar days following the date of filing either an appeal as prescribed by Section 6.04.2748 or a complaint as prescribed in Sections 6.04.2840 and 6.04.284D or charges as prescribed in Sections 6.04.290E and 6.04.290F of this chapter, the hearing officer shall conduct a hearing to determine whether the requested action should be granted or denied. Written notice of the time, date, and place of the hearing shall be served upon the director, the affiant and the animal owner not later than fourteen (14) calendar days preceding the date of the hearing.

(a) During the hearing, the burden of proof shall rest with the affiant and such proof shall be based upon a preponderance of the evidence. The provisions of the California Administrative Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearing nor shall formal rules of evidence in civil or criminal judicial proceedings be applicable. The affiant and the animal owner may appear, present evidence, and examine and cross-examine witnesses.

(b) Absent extraordinary circumstances as determined by the hearing officer, no animal may be presented as evidence or be present during the hearing.

(c) In the event the affiant or the animal owner fails to appear at the time, date and place appointed for the hearing, the hearing shall be conducted in the absence of the affiant or animal owner and the hearing officer shall render a decision based upon evidence presented during the hearing.

(d) For the convenience of the hearing officer only, the hearing shall be tape recorded and the tape recordings and all documents presented as evidence shy be maintained for a period of wee (3) years as a part of the record of hearing.

(2) Unless otherwise agreed by the parties, within fourteen (14) calendar days of the conclusion of the hearing, the hearing officer shall issue a written decision, including but not limited to, findings of fact and conclusions relative to the following:

(a) Whether, based upon the evidence during the hearing, the action requested is granted or denied; and

(b) What disposition should be made as a consequence.

(3) The hearing officer shall make a disposition based upon consideration of all of the facts and circumstances revealed by the evidence presented in the hearing and may order either:

(a) That the animal control manager destroy the animal in question;

(b) That the animal control manager release the animal in question to the owner subject to such conditions or special registration requirements as may be specified in this chapter or required to ensure public safety and animal welfare;

(c) That the animal control manager remove the animal in question for disposition in accordance with the applicable provisions of this chapter;

(d) That the animal control manager release the animal in question to the owner subject to payment of such fees and expenses as may be applicable according to the provisions of this chapter, or

(e) That animal control manager issue, deny, or revoke the subject permit.

(4) Unless otherwise agreed by the parties, notice of the written decision, including a copy thereof, shall be filed with the animal control manager and shall be personally served upon or deposited in the United States mail to the affiant and the animal owner not later than twenty-one (21) calendar days following the date on which the hearing was concluded.

(5) Failure to comply with any procedural requirements or time limits of this chapter shall not deprive the hearing officer of jurisdiction over the issue or shall not vitiate any hearing conducted or order made pursuant to this chapter unless such failure constitutes a denial of due process of law.

F. Finality of determination. The decision of the hearing officer shall be final and there shall be no appeal.

G. Disposition of animal. Except as otherwise provided, in the event that the hearing officer orders destruction of an animal, the animal control manager shall immediately impound or continue to impound said animal until fourteen (14) days following the date of personal service upon or deposit in the United States mail of notice of the hearing officer's decision to the owner. In the event that the animal control manager is personally served with summons or other legal process in connection with a lawsuit which seeks review of the hearing officer's decision, the animal shall not be destroyed and shall continue to be impounded at the owner's expense while the lawsuit is pending.

H. Release of animal. No animal impounded pursuant to Section 6.04.280 or 6.04.290 shall be released to any person other than the owner of such animal. Should the owner fail to redeem the animal by the date specified in the decision of the hearing officer, unless for good cause as determined by the animal control manager, the animal shall be destroyed.

Notwithstanding any other provision in this chapter or a decision or order by the hearing officer to the cones, the animal control manager shall not release an animal impounded pursuant to Section 6.04.280 or 6.04.290 to the owner absent compliance with the provisions relating to redemption prescribed by Section 6.04.190D of this chapter, including, but not limited to, the payment by the owner of all fees and charges for impoundment.

I. Notification of change. At such time as an animal declared to be dangerous, vicious, or a nuisance dies or the location where the animal is kept changes, either through change of residence or of ownership, the person owning the animal so declared must notify, in writing within five (5) calendar days, the animal control manager of the change. Such notification must include the date of the animal's death and the place of burial or disposal of the animal or the name and the residential and occupational addresses and telephone numbers of the new owner and the new address and telephone number where the animal is to be kept.

J. Failure to comply. Failure of the owner to comply with the provisions of this chapter or the order of the hearing officer is a misdemeanor unless otherwise specifically made an infraction.

K. Breach of conditions. Jurisdiction shall continue in the hearing officer to order the removal and destruction of any animal which has been declared dangerous, vicious, or a nuisance should any of the conditions imposed by the order of the hearing officer be breached. Such action shall be taken pursuant to a hearing initiated by the animal control manager and scheduled and conducted in accordance with the provisions of Section 6.04.300E except that once prima facie evidence of the breach of conditions has been established, the burden of proof shall be upon the owner to show cause as to why the animal should not be removed and destroyed.

L. Relief. If, after a period of two (2) years from the date of the determination of the hearing officer that the animal is dangerous, vicious, or a nuisance, it can be demonstrated that the owner has complied with the order of the hearing officer and that no further cause exists for the order to stay in force, the owner may apply to the hearing officer, in writing, for relief from the conditions for keeping or the provisions for special registration of the animal. Upon investigation by the animal control manager and concurrence by the hearing officer, relief may be granted and the owner so notified in writing or a hearing may be conducted to determine if cause for relief exists.

M. The cost of a hearing held pursuant to this section shall be the responsibility of the animal's owner unless the hearing officer rules in favor of the owner.

(Ord. 1880 § 1 (part), 1994).

The maintenance of any animal in violation of any provision of this chapter or any order of a hearing officer issued pursuant to this chapter constitutes a public nuisance.

(Ord. 1880 § 1 (part), 1994).

A. A violation of any of the regulatory requirements of Title 6 shall be punishable as follows:

1. A first violation shall be an infraction subject to punishment in accordance with Section 1.12.030 of this code; and

2. A second or subsequent violation committed within the thirty (30) calendar days of the previous violation shall be a misdemeanor, subject to punishment in accordance with Chapter 1.12 hereof.

B. Exception as set forth in subection A., above, every other violation of Chapter 6.04 constituting an infraction is punishable by:

1. A fine not exceeding one hundred fifty dollars ($150.00) for a first violation;

2. A fine not exceeding three hundred dollars ($300.00) for a second violation of the same ordinance provisions within one (1) year; or

3. A fine not exceeding five hundred fifty dollars ($550.00) for each additional violation of the same ordinance provision within one (1) year.

C. Every violation of Chapter 6.04 constituting a misdemeanor is punishable by a fine not in excess of one thousand dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months or by both.

D. Assessment of other penalties as prescribed herein notwithstanding, violations of this title may result in revocation of license or permit.

(Ord. 1880 § 1 (part), 1994).

(Ord. No. 2343, § 14, 10-19-2009)

It shall be unlawful for any person to willfully or maliciously torture, tease, torment, beat, kick, sere, mutilate, injure, disable or kill any dog used by (1) the police department, (2) any other law enforcement agency while engaged in mutual aid assistance to the city, or (3) the designated handlers of such animals, or to willfully interfere with or obstruct any such dog while it is being used in the performance of any of the duties or functions of the police department or other law enforcement agency.

(Ord. 1880 § 1 (part), 1994).