Monterey County Municipal Code Ch. 8.36 Nuisance and Nuisance Animals

It shall be unlawful for any person to keep, maintain, or permit on any lot or parcel of land, any dogs, cats, household pets, or any other animal which by any sound or cry shall disturb the peace and comfort of any neighborhood.

(Ord. 3629, 1992)

Whenever it shall be affirmed in writing by three or more adult persons living in separate dwelling units in the neighborhood that any dog, cat, household pet, or any other animal is a habitual nuisance by reason of howling, barking, or other noise, or is in any other manner causing undue annoyance, that shall constitute a public nuisance, the Animal Control Officer or his or her designee, if he or she finds such public nuisance to exist, shall serve notice upon the owner or custodian that the public nuisance shall be abated or the animal shall be impounded in a legal manner. If the nuisance and annoyance cannot be successfully abated and the Animal Control Officer or his or her designee determines it necessary to impound such dog, cat, household pet, or animal, he or she shall not permit the reclaiming or redemption of the animal to the owner or custodian unless adequate arrangements have been made by the owner or custodian to ensure abatement of the annoyance or public nuisance.

(Ord. 3629, 1992)

A hearing date shall be set not later than twenty (20) days from the impoundment date of a nuisance animal as provided in Section 8.36.020. The hearing officer designated by the County Administrative Officer shall mail or otherwise deliver notice of the hearing to the owner or person controlling the animal, and may mail notice to other interested parties.

(Ord. 3629, 1992)

At the hearing, which may be continued from time to time by mutual assent of the parties, but not to exceed sixty (60) days from the hearing date, both oral and documentary evidence may be taken from any interested person and considered in determining whether the animal is a nuisance. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs. The decision of the hearing officer shall be supported by the weight of the evidence and shall be final.

(Ord. 3629, 1992)

If, based upon the hearing, the hearing officer designated by the County Administrative Officer finds that the animal is a public nuisance and requires abatement, he or she shall so specify in writing together with the reasons therefor. Any animal found to be a nuisance pursuant to the order of the hearing officer, the owner must abate the nuisance by appropriate action including, but not limited to, confinement, fencing, muzzling leashing, or relocation.

The decision of the hearing officer shall be made within ten (10) days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by registered mail or otherwise delivered to the person owning or controlling the animal. The decision of the hearing officer shall be final for all purposes. Owner has ten (10) working days for further appeal.

(Ord. 3629, 1992)

If the hearing officer finds the animal is a nuisance, and subject to abatement, the County incurred costs of impoundment including all costs of abatement shall be paid by the person owning or controlling the animal. If such costs have not been paid within fourteen (14) days after the date of mailing or delivery of the order, the County Administrative Officer may order the disposition of the animal in any manner provided by law. No fees provided for by this Chapter shall be assessed if the animal is found not to be a nuisance.

(Ord. 3629, 1992)

The assessment shall be due and payable within fourteen (14) days after the date of mailing or delivery of the order. If the assessment is not paid on or before said date an action may be brought in the name of the County to recover the costs of impoundment and abatement.

(Ord. 3629, 1992)

It shall be unlawful for the owner or person having custody of any dog, either willfully or through failure to exercise due care or control, to allow said dog to defecate and to allow the feces thereafter to remain on any public or private property not owned or possessed by the owner or the person who has custody, control, or possession of the dog.

(Ord. 3629, 1992)