§ 6-1

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows: (a) “Commercial kennel” shall mean any place, other than a private kennel, where four (4) or more dogs over four (4) months or four (4) or more cats over four (4) months of age are kept. (b) “Enforcing Officer” shall mean the City Manager, the Police Chief, the Humane Officer, the City Health Officer, or such other person as the Council may designate. (§ 1, Ord. 2523, eff. March 19, 1992)

(Editor's note: See § 9-1.1305 for provisions covering the keeping of cats and dogs.)

(Editor's note: See § 9-1.1305 for provisions covering the keeping of cats and dogs.)

Each dog over four (4) months of age harbored within the City shall be vaccinated with a state approved anti-rabies vaccine in accordance with state law and shall be licensed.

(§ 1, Ord. 2523, eff. March 19, 1992)

Dog licenses shall be available from the Enforcing Officer. (§ 1, Ord. 2523, eff. March 19, 1992)

Upon receipt of the required license fee accompanied by an anti-rabies certificate and written application giving the name and address of the owner of the dog and a brief description of the dog, the Enforcing Officer or an authorized representative may issue and deliver to such person a license certifying the payment of such fee, the date the anti- rabies vaccination was administered, and setting forth the name and address of the applicant, a brief description of the dog, and the number allotted to such dog. Assistance dogs, as defined by Cal. Food & Agric. Code § 30850, must still be licensed in the procedure outlined in this section but are exempt from paying the license fee. (§ 1, Ord. 2523, eff. March 19, 1992)

(a) Fees: General. Every person owning or harboring any dog over four (4) months of age within the City shall annually pay to the Enforcing Officer or to such nonprofit organization as the Council may designate by contract as collection agent an annual license fee as established by resolution of the City Council. (b) Fees: New residents in the City. The owner of any dog, which owner moves into the City from another community, upon the presentation of a rabies vaccination receipt signed by a licensed veterinarian and a license receipt from another community for the current year, may be issued an Ontario license tag upon the payment of One Dollar ($1.00) to cover the cost of the tag. (c) Penalties. A penalty may be added to each license fee for failure to pay such fee within thirty (30) days after such license fee shall fall due. The amount of the penalty shall be established by resolution of the City Council. (§ 1, Ord. 2523, eff. March 19, 1992)

An owner of a dog, or one whose custody or possession a dog is in, must show proof upon demand by the Enforcing Officer or representative and prior to obtaining a license for such dog, that such dog has been vaccinated with a state approved anti-rabies vaccine in accordance with state law. (§ 1, Ord. 2523, eff. March 19, 1992)

Only veterinarians licensed by the State of California, or other state, to practice veterinary medicine may immunize dogs against rabies. Upon immunization with a rabies vaccine, the veterinarian shall issue a rabies vaccination certificate to the dog owner or one whose custody or possession the dog is in, a copy of which the veterinarian must forward to the Enforcing Officer or his representative to be kept on file. (§ 1, Ord. 2523, eff. March 19, 1992)

At the time of the issuance of a dog license, the Enforcing Officer or an authorized representative will deliver to the applicant for such license a metal tag which shall set forth the date of the expiration of the license. (§ 1, Ord. 2523, eff. March 19, 1992)

It shall be the duty of the owner or harborer of the dog for which a tag is issued to maintain such tag on such dog. (§ 1, Ord. 2523, eff. March 19, 1992)

It is unlawful for any person other than the Enforcing Officer, or his representative, or the owner of the dog, except in the case of an emergency, to remove from any dog a dog tag or license. (§ 1, Ord. 2523, eff. March 19, 1992)

(a) Biting dogs: Quarantine. Whenever it is shown that any dog has bitten any person, the owner or person having the custody or possession of such dog shall, upon the order of the City Health Officer or his representative, quarantine the dog and keep it securely chained for a period of ten (10) days and shall permit the City Health Officer or his representative to make an inspection or examination of such dog at any time during such period. Quarantined dogs shall not be removed from the premises where they have been quarantined without the permission of the City Health Officer. The City Health Officer, in the interest of protecting the person bitten, may order the dog quarantined for a period of ten (10) days at the owner's expense at the City Pound or at a licensed veterinary hospital. (b) Dogs having or suspected of having rabies. The Enforcing Officer or an authorized representative shall have the right to seize any dog within the City having or suspected of having rabies and cause the same to be examined by the City Health Officer, and it shall be the duty of the City Health Officer to examine the dog for the purpose of determining if such dog is afflicted with rabies. (c) Release of rabies-free dogs. If it shall be determined that such dog does not have rabies, the dog shall be returned to the owner or person whose custody or control the dog is presently in. (§ 1, Ord. 2523, eff. March 19, 1992)

No person owning or harboring any dog within the City shall permit such dog, whether licensed or not, to be upon any public street, sidewalk, lane, alley, court, or any other public place or upon any private property or premises, other than those of the person owning or having control or custody of such dog, except when such dog is held under a leash six (6) feet or less in length, by a competent person. (§ 1, Ord. 2523, eff. March 19, 1992)

Chapter 9 of Division 14 of the Food and Agricultural Code (commencing with Cal. Food & Agric. Code § 31601) is hereby adopted as the law and procedures to be followed in the City of Ontario for potentially dangerous and vicious dogs.

(§ 1, Ord. 2523, eff. March 19, 1992)

(a) Dogs at large. It shall be the duty of the Enforcing Officer to impound any dog running loose upon a public street, sidewalk, lane, alley, court, or other public place or upon any private property or premises, other than those of the person owning or having control or custody of such dog, and the Enforcing Officer shall keep the dog impounded until claimed, destroyed, or otherwise disposed of. (b) Release to owners; Fees. The owner, caretaker or custodian of a dog so impounded may reclaim such dog upon the payment of the required license fee, if applicable, a redemption fee, and food and care costs in an amount as established by resolution of the City Council. These fees are to be paid to the Enforcing Officer. (c) Adoption; Disposal. Where the owner, caretaker or custodian of the dog is known, he or she will be notified by mail that his or her animal has been impounded. If the dog has not been reclaimed within ten (10) days from mailing of the notice to the owner's or custodian's last known address on file, or within three (3) days of the impoundment where no owner, caretaker, or custodian is known, the Enforcing Officer, in lieu of destroying such dog, may offer the dog for adoption. The Enforcing Officer, however, with the approval of a licensed veterinarian or humane officer of the state, may humanely destroy any impounded animal on the same day it is impounded if the animal is in great pain or discomfort due to any injury or infectious disease which may contaminate and be detrimental to the health of the other animals at the animal shelter. (§ 1, Ord. 2523, eff. March 19, 1992)

(a) Release to owners: Fees. The owner, caretaker or custodian of a cat impounded may reclaim such cat upon the payment of a redemption fee and food and care costs in an amount as established by resolution of the City Council. These fees are to be paid to the Enforcing Officer. (b) Adoption; Disposal. Where the owner, caretaker or custodian of the cat is known, he or she will be notified by mail that his or her animal has been impounded. If the cat has not been reclaimed within ten (10) days from mailing of the notice to the owner's or custodian's last known address on file, or within three (3) days of the impoundment where no owner, caretaker, or custodian is known, the Enforcing Officer, in lieu of destroying such cat, may offer the cat for adoption. The Enforcing Officer, however, with the approval of a licensed veterinarian or humane officer of the state, may humanely destroy any impounded animal on the same day it is impounded if the animal is in great pain or discomfort due to any injury or infectious disease which may contaminate and be detrimental to the health of the other animals at the animal shelter. (§ 1, Ord. 2523, eff. March 19, 1992)

Secs. 6-1.217—6-1.223. Reserved.

(Editor’s note: See §§ 6-1.250 et seq. for provisions covering barking dogs and noisy animals.)

Every person engaging in the business of operating a commercial kennel, as defined § 6-1.200(a) of this article, shall obtain a license from the License Official and shall pay an annual license fee as is established by resolution of the City Council.

(§ 1, Ord. 2523, eff. March 19, 1992)

(a) A commercial kennel license may be suspended or revoked for any of the following reasons: (1) If one or more dogs kept at the kennel are finally determined to be public nuisances, because of barking, pursuant to the provisions of this article; (2) If the animals kept on the kennel premises are not securely maintained so as to prevent their escape; (3) If animals kept on the kennel premises are not at all times provided with sufficient water, sufficient and proper food and protection from the elements; (4) If the kennel premises are not at all times maintained in a clean and sanitary condition; (5) If any animal kept on the kennel premises is subjected to cruel treatment; (6) If the reports required by § 6-1.228 of this article are not timely filed; (b) If the Enforcing Officer determines that grounds for suspension or revocation of a commercial kennel license may exist, the Enforcing Officer shall give written notice, by personal service or by mail, to the license holder setting forth all of the following: (1) The name and address of the commercial kennel license holder; (2) The violation(s) which are the grounds for the proposed suspension or revocation of the commercial kennel license; (3) The date or dates upon which the violation(s) were observed to exist; (4) A summary of the evidence which supports the violation(s) and the names and addresses of any witnesses known to the Enforcing Officer; (5) The name or description of the animal if a violation involves an identifiable animal; (6) Whether the proposed action is revocation or suspension and, if suspension the proposed length of suspension; and (7) A notice of the date, time and place at which a hearing will be held before a hearing officer appointed by the Enforcing Officer to determine whether the proposed suspension or revocation shall be imposed. Said date shall be not less than fifteen (15) nor more than thirty (30) days after the notice provided by this section is given to the license holder. (c) The hearing officer shall hear and determine all facts and testimony which he or she deems pertinent. Such facts and testimony may include all evidence relevant to the violations charged in the notice of intent to revoke or suspend the commercial kennel license. The hearing officer shall not be limited by the technical rules of evidence. The license holder may appear in person, by counsel, or in person and by counsel and may present such written and/or oral evidence as he or she deems appropriate. Within fifteen (15) days after the conclusion of the hearing, the hearing officer shall render his or her decision and shall give written notice of that decision, by personal service or by mail, to the license holder. That decision shall become final fifteen (15) days after the date of personal service, or mailing, unless a written notice of appeal is filed with the hearing officer, the City Council shall hear and determine the appeal pursuant to the procedures set forth in § 6-1.221 of this article. (d) If the license holder fails to appear at the time and place set for hearing before the hearing officer, either personally, or by counsel, or by counsel and in person, then the hearing officer may consider the facts stated in the notice as being established and the proposed action as set forth in the notice shall be ordered by the hearing officer. (e) Any hearing before a hearing officer pursuant to this section may be continued for a reasonable time at the request of the license holder or on the hearing officer's own motion. (§ 1, Ord. 2523, eff. March 19, 1992)

Any person who operates a commercial kennel without first obtaining a commercial kennel license, or who continues to operate a commercial kennel after his or her license has been revoked or during any period of license suspension, is guilty of a misdemeanor. (§ 1, Ord. 2523, eff. March 19, 1992)

All dogs owned by, or kept in, a commercial kennel shall be subject to the licensing provisions of this article upon such dogs attaining the age of four (4) months. (§ 1, Ord. 2523, eff. March 19, 1992)

Upon the request of the Enforcing Officer, the sale of each dog or cat by a commercial kennel before such dog or cat has attained the age of four (4) months shall be reported by each commercial kennel operator on a form to be furnished by the City Health Officer, which form shall include the following information: (a) The name and address of the person to whom the dog or cat is sold; (b) A description of the dog or cat; (c) The age of the dog or cat; and (d) Such other pertinent data as the Health Officer may require. (§ 1, Ord. 2523, eff. March 19, 1992)

The Council may, by contract, delegate to a nonprofit humane society the collection of license fees and the performance of any of the duties of the Enforcing Officer. (§ 1, Ord. 2523, eff. March 19, 1992)

The keeping of pot bellied pigs as domestic pets shall be authorized on residential property in the City subject to the restrictions set forth herein. (a) Definition: “Pot bellied pigs” shall mean a domesticated miniature Vietnamese, Chinese, or Asian pot bellied pig not exceeding 90 pounds in weight and 18 inches in height (measured at the shoulder), and characterized by a swayed back and straight tail. (b) Pot bellied pigs shall only be permitted in RE, R1, R1.5, R2 and R3 residential zones, in conjunction with a detached single family residence. (c) Pot bellied pigs shall be provided with a fenced yard designed to assure confinement of the animal when out of doors. Such yard areas must be kept in a clean, safe, and odor-free condition. (d) There shall be no more than one pot bellied pig permitted per lot or parcel. (e) Pot bellied pigs shall be licensed in the same manner as dogs, subject to the same restrictions and penalties, pursuant to the provisions of Title 6 of the Ontario Municipal Code. (f) The breeding of pot bellied pigs shall not be permitted. All pot bellied pigs must be spayed or neutered.

(g) Prior to licensing of a pot bellied pig, veterinary certification shall be required stating 1) the pig is spayed or neutered; 2) the pig is in good health and has received all necessary vaccinations; and 3) the height and weight of the pig. (h) All male pot bellied pigs two years of age or older shall have their tusks removed. (i) While outside the owner's premises or property, pot bellied pigs shall be restrained by a harness and leash or other similar restraint, not longer than six (6) feet in length. (§ 1, Ord. 2655, eff. March 19, 1998)

Article 2.5. Barking Dog and Noisy Animal Violations and Civil Fines

For the purposes of this Article, unless otherwise apparent from the context, certain words and phrases used in this Article are defined as follows: (a) "Barking dog" means a dog that barks, bays, cries, howls or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for 30 minutes or more in any 24-hour period, or intermittent barking for 60 minutes or more during any 24-hour period. A dog shall not be deemed a "barking dog" for purposes of this Chapter if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked. (b) "Civil Citation" means a notice issued pursuant to this Article that there has been a violation of this Chapter. (c) "Day or Days" as used in this Article shall mean calendar day or calendar days, respectively, unless otherwise expressly provided. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. (d) "Director" means the Community Improvement Director, or his or her designee. (e) "Enforcement Officer" means the City Manager, Police Chief, Humane Officer, City Health Officer, Sheltermaster, Community Improvement Officer, or other such persons as the Council may designate. (f) "Hearing Officer" means the person designated by the City Manager, or his or designee, to serve as the overseeing authority for administrative hearings held pursuant to this Article 2.5. (g) "Issued" means giving a civil citation to a violator. Issuance occurs on the date when a barking dog or noisy animal civil citation is personally served on the violator, or the date it is mailed to the property where the barking dog or noisy animal is located or where the barking dog or noisy animal violation occurred, or the date the citation is posted in a conspicuous place either on the property where the barking dog or noisy animal is located or where the barking dog or noisy animal violation occurred. When service is made by posting, the barking dog or noisy animal citation shall also be mailed within 24 hours of posting to any address known for the violator. (h) "Noisy Animal" shall mean any animal other than a dog that makes a noise which emanates from the animal. The noise must be for an extended period of time to the disturbance of another person, either continuously for 30 minutes or more in any 24-hour period, or intermittently for a total of 60 or more accumulated minutes during any 24- hour period. An animal shall not be considered a "noisy animal" for purposes of this Article if the animal is making noise because a person is trespassing or threatening to trespass upon private property in or upon which the animal is situated, or when the animal is being teased or provoked, or if the animal is injured. (i) "Notice of Decision" means a form used by a Hearing Officer to inform a violator and/or complainant of an administrative hearing decision regarding provisions of this Chapter. (j) "Owner" means any person who possesses, has title to or an interest in, harbors or has control, custody or possession of a dog or animal, and the verb forms of "to own" shall include all those shades of meaning.

(k) A "Responsible Person" may also be referred to as a "violator" herein. A Responsible Person is any of the following: (1) A person who allows a barking dog or noisy animal violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog or noisy animal. (2) A person whose agent, employee, or independent contractor allows a barking dog or noisy animal violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog or noisy animal. (3) A person who is the owner of, and a person who is a lessee or sublessee with the current right of possession of, real property in or upon which a barking dog or noisy animal violation occurs. (4) For purposes of this Article, "person" includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. (5) For the purposes of this Article, there may be more than one Responsible Person for a barking dog or noisy animal violation, and a minor at least fourteen (14) years of age may be a Responsible Person subject to the provisions of this Article. (§ 3, Ord. 3229, eff. January 19, 2023)

(a) This Section makes any violation for keeping, maintaining, or permitting the behavior of a barking dog or noisy animal, as defined in § 6-1.250, subject to civil fine. (b) This Article therefore establishes the administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for barking dog or noisy animal violations pursuant to Government Code section 53069.4 and the plenary police power of the City. (c) The issuance of a civil citation under this Article is solely at the City's discretion. By adopting this Article, the City does not intend to limit its discretion to utilize any other remedy, civil or criminal, including declaring a barking dog or noisy animal a public nuisance and abating as such. (d) The purpose of issuing civil citations pursuant to this Article is to encourage voluntary and complete compliance with the provisions of this Code and to eliminate nuisances for the protection and benefit of the entire community. (§ 3, Ord. 3229, eff. January 19, 2023)

(a) A barking dog or noisy animal, as defined in § 6-1.250, may be declared to be a public nuisance that may be abated as provided in this Section. (b) A barking dog or noisy animal may be deemed a public nuisance when two or more declarations, made under penalty of perjury and made by declarants living in separate households, are filed with the Enforcing Officer within a sixty (60) day period stating in detail all of the following: (1) That the declarant is a resident of a residential neighborhood located within 200 yards of the boundaries of the premises where the dog or animal is located; (2) Within the past month declarant has heard the dog bark or animal make noise for substantially long periods to the extreme annoyance of the declarant. (c) Upon receipt of two such declarations, the Enforcing Officer shall assign an officer to investigate the complaints. The officer shall personally interview both the complainants and the Owner and/or Responsible Party.

(d) If the investigating officer determines that there is merit to the complaints, the Owner and/or Responsible Party shall be notified by the officer that the dog's barking, or animal's noises, is annoying the neighbors and that it must be abated. (e) If any further declaration is received by the Enforcing Officer concerning the same barking dog or noisy animal, within a six (6) month period from the last of the initial declarations, the Enforcing Officer may take action by notifying the Owner and/or Responsible Party by certified mail, return receipt requested, that an administrative hearing is to be held. Such administrative hearing will be held in accordance with the provisions of § 1-5.08 of this Code. (§ 3, Ord. 3229, eff. January 19, 2023)

(a) In addition to treating a barking dog or noisy animal as a public nuisance, any Enforcement Officer also has the authority to issue a civil citation to any Responsible Person for a barking dog or noisy animal violation that the Enforcement Officer did not see or hear occur based on a complaint, signed under penalty of perjury, lodged by a member of the community who has been disturbed by the barking dog or noisy animal. A Responsible Person to whom a civil citation is issued shall be liable for and shall pay to the City the fine or fines described in the barking dog or noisy animal citation when due. Where the Responsible Person is a minor under the age of eighteen (18) years, the minor's parents or legal guardian shall be liable for and held responsible for payment of their minor child's citation fines and/or late penalties. In any case, the Responsible Person (or his/her parents or legal guardian, when the Responsible Person is under the age of eighteen) shall have the right to appeal the issuance of the citation pursuant to the provisions of this Article. (b) Prior to issuing a civil citation for a barking dog or noisy animal, the Responsible Person shall be given a 10- day period within which to correct the problem. (c) Each day a barking dog or noisy animal violation exists beyond the initial 10-day period allowed for correction shall be a separate violation and may be subject to a separate citation and fine. A barking dog or noisy animal civil citation may include a violation for one (1) or more days on which a violation exists, and for violation of one (1) or more Code sections. (§ 3, Ord. 3229, eff. January 19, 2023)

Each barking dog or noisy animal citation shall contain the following information: (a) Date on which a complaint or personal inspection established the barking dog or noisy animal violation(s). (b) Name of the Responsible Person for the barking dog or noisy animal violation(s) (if known). (c) Address where the barking dog or noisy animal violation(s) occurred. (d) The Code sections violated. (e) Whether the violation(s) were established by inspection or by complainant. (f) Amount of the fine for the violation(s) and procedure to pay the fine to avoid a late payment penalty. (g) Designation of prior civil citations issued for the same Code violation(s), if known by the Enforcement Officer. (h) Notification of an assigned administrative hearing date, time and location where the civil fine may be contested. (i) Description of the procedure for requesting a continuance of the assigned administrative hearing. (j) A notice that a barking dog or noisy animal violation is a nuisance and that collection of unpaid fines and/or penalties can result in additional fines, penalties and/or imprisonment in the County jail. (k) Signature of the Enforcement Officer who issued the barking dog or noisy animal citation and/or civil fine.

(l) Date upon which the barking dog or noisy animal citation and/or civil fine was issued. (m) Proof of service to be completed by the Enforcement Officer indicating whether citation was issued by personal service, by mail, or by posting in a conspicuous place on the property where the barking dog or noisy animal violation occurred. (n) A self-addressed envelope in which the violator can mail the civil fine to the City if the citation is not contested. (o) Any other information deemed necessary by the Enforcement Officer for enforcement or collection purposes. (§ 3, Ord. 3229, eff. January 19, 2023)

A barking dog or noisy animal citation may be served as follows: (a) An Enforcement Officer may personally serve the barking dog or noisy animal citation on the Responsible Person. The Responsible Person shall be requested to sign a copy of the citation showing his or her receipt of the citation and notice of the Responsible Person's right to an administrative hearing. Signing the citation shall not constitute an admission of guilt. (b) An Enforcement Officer may mail the civil citation by certified mail, return receipt requested, if the property owner and/or occupier's name is known, but the violator is not present when personal service is attempted. The citation shall be mailed to the address where the barking dog or noisy animal violation occurred. (c) An Enforcement Officer may post a copy of the barking dog or noisy animal citation in a conspicuous place on the property where the barking dog or noisy animal violation occurred if the property owner and/or occupier's name is unknown. In this event, the citation shall also be mailed addressed to the owner of the property where the barking dog or noisy animal violation occurred as reflected on the County's property tax rolls. A copy of the citation shall also be mailed within 24 hours of posting the citation addressed to "Resident" at the address where the barking dog or noisy animal violation occurred. (§ 3, Ord. 3229, eff. January 19, 2023)

Fines for violating the provisions of this Article shall be as follows: (a) An administrative fine not exceeding one hundred dollars ($100) for a first violation. (b) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation. (c) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation. (§ 3, Ord. 3229, eff. January 19, 2023)

(a) After receiving a barking dog or noisy animal citation pursuant to § 6-1.256, the violator may respond by either of the following methods: (1) The violator may choose to correct the barking dog or noisy animal violation and pay the fine stated in the citation to the City within thirty (30) days from the date of the citation. A late payment of twenty dollars ($20) shall be charged if the fine is not paid within thirty (30) days of the citation date. Payment shall be made by enclosing the fine amount by check or money order in the self-addressed envelope attached to the civil citation and mailing the envelope

to the Director by U.S. first class mail, postage prepaid. The Director may authorize payment to be made in accordance with any other method, at any location within the City, or to any address. (2) The violator may choose to appear at an administrative hearing on the assigned administrative hearing date contained in the citation. In that event, the fine is due and payable to the Hearing Officer at the conclusion of the hearing if the Hearing Officer upholds the barking dog or noisy animal citation. The Hearing Officer may allow the violator an additional period of time within which to pay the fine if, in the Hearing Officer's sole discretion, such additional time for payment is necessary. (b) Payment of a fine shall not excuse the violator from correcting the barking dog or noisy animal violation. The issuance of a barking dog or noisy animal citation and/or payment of a fine shall not bar the City from taking any other enforcement action regarding a barking dog or noisy animal violation that is not corrected, including issuing additional barking dog or noisy animal citations and/or criminal complaints. (§ 3, Ord. 3229, eff. January 19, 2023)

(a) Any person who receives a barking dog or noisy animal citation may contest it by appearing at the assigned administrative hearing date, time and location noted on the barking dog or noisy animal citation. A violator may contest the barking dog or noisy animal citation by denying that a violation occurred, by denying that it was not corrected within the original ten (10) day correction period, if applicable, or by denying that the violator is a Responsible Person for the violation. (b) If the citation fine is not paid prior to the assigned date and time of the administrative hearing noted on the barking dog or noisy animal citation, the violator must personally attend the administrative hearing on the date, time and place specified. A failure to personally appear at the administrative hearing shall constitute an abandonment of any defense the violator may have to the barking dog or noisy animal citation. (§ 3, Ord. 3229, eff. January 19, 2023)

(a) Hearings shall be conducted by a Hearing Officer either: (i) on the date, time and place specified in the barking dog or noisy animal citation, or (ii) on the date assigned when a continuance pursuant to subsection (f) below has been granted. The violator and complainant shall be notified of the assigned hearing date, time and location by the Director or his/her designee. (b) The violator and complainant shall be given the opportunity to testify and to present evidence relevant to the barking dog or noisy animal citation. (c) The citation itself and accompanying complaint's affidavit signed under penalty of perjury attesting to the barking dog or noisy animal violation provided to the Hearing Officer shall be accepted by the Hearing Officer as prima facie evidence of the violation and the facts stated in such documents. (d) Neither the Enforcement Officer nor any other representative of the City shall be required to attend the hearing. (e) The failure of the recipient of an administrative citation to appear at the administrative citation hearing, including after a continuance is granted pursuant to subsection (f) below, shall constitute forfeiture of the fine and a failure to exhaust his/her administrative remedies. (f) The Director may continue a hearing one time upon a request for continuance made by the violator, complainant, or a representative of the City, which request must be based upon a showing of good cause. A Hearing Officer may also continue a hearing upon his or her own motion to request additional information with respect to the violation. All continuance requests shall either: (i) be made in person at the hearing, or (ii) be made by a written

request received by the Director via e-mail, facsimile or letter at least one week (7 days) prior to the hearing date. If a continuance is granted, the parties will be notified, and a new hearing date shall be scheduled that is within fourteen (14) days of the date on which the hearing was first scheduled to take place. If the request for continuance is denied, the parties will be notified, and the hearing shall proceed as originally scheduled. (g) The hearing shall be conducted informally, and the legal rules of evidence need not be followed. (h) The Hearing Officer is not required to provide transcriptions of hearings, but is required to make available tapes of hearings for a fee. (§ 3, Ord. 3229, eff. January 19, 2023)

(a) After considering all the evidence and testimony submitted at an administrative hearing, the Hearing Officer shall issue a written decision to the violator and complainant to uphold or to dismiss the barking dog or noisy animal citation based upon a conclusion of whether or not a violation occurred for which the violator was a Responsible Person. The Hearing Officer's decision is final. The Hearing Officer has no discretion or authority to reduce the amount of a fine. (b) If the Hearing Officer's decision is to uphold the barking dog or noisy animal citation, the civil fine imposed for the violation shall be due at the conclusion of the administrative hearing, or at some other time as directed by the Hearing Officer. If the decision is to dismiss the barking dog or noisy animal citation, the civil fine shall no longer be due and payable. (c) The employment, performance evaluation, compensation and benefits of the Hearing Officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer. (§ 3, Ord. 3229, eff. January 19, 2023)

(a) A Responsible Person may seek judicial review of the administrative hearing decision by filing an appeal with the Superior Court within twenty (20) calendar days after the Responsible Person receives a copy of the notice of decision at the conclusion of the hearing in accordance with the provisions of California Government Code section 53069.4. (b) No judicial appeal is permitted where a violator has failed to appear at an assigned administrative hearing, or is deemed to have abandoned the contest of the barking dog or noisy animal citation by an unexcused nonappearance at the hearing, or where a citation has been dismissed by a Hearing Officer because a complainant has failed to appear at an assigned administrative hearing. (§ 3, Ord. 3229, eff. January 19, 2023)

(a) The City, at its discretion, may pursue any and all legal and equitable remedies for the collection of unpaid fines and late penalties. Pursuit of one remedy does not preclude the pursuit of any other remedies until the total fines and late penalties owed by a violator under this Chapter have been collected. (b) Failure to timely remit payment of a citation fine and/or late penalty authorized under § 6-1.257 above will result in criminal liability and a warrant may be issued for a violator's arrest. Nonpayment of such fine and/or late penalty shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the County jail for a period of not more than six (6) months or by both such fine and imprisonment.

(§ 3, Ord. 3229, eff. January 19, 2023)

Article 3. Dairies

For the purposes of this article, “commercial dairy” shall mean a dairy consisting of three (3) or more cows, goats, or other milk animals furnishing milk for commercial purposes. (§ 1, Ord. 528, eff. January 6, 1932)

No person shall keep or maintain any commercial dairy within the City; provided, however, the provisions of this article are not intended to prohibit the following: (a) The keeping of cows or goats within the Agricultural Zones (A1) in the City, which cows or goats furnish milk for the owner or his family residing within the City; and (b) Any commercial dairy existing prior to annexation to the City, which dairy will be allowed to operate indefinitely. (§ 1, Ord. 528, eff. January 6, 1932, as amended by § 1, Ord. 1908, eff. July 15, 1976)

Article 4. Standard for Care and Treatment for Sale of Animals at Swap Meets

(a) For the purposes of this article, “vendor” shall include any person offering for sale an animal at a swap meet, flea market, or open-air market. (b) For the purposes of this article, “sale” shall include any exchange for value, trade, or adoption, so long as a change in ownership of the animal occurs. (§ 2, Ord. 3045, eff. April 14, 2016)

A vendor is charged with care and treatment of the animal offered for sale during transport to the site of sale, while the animal is present at the site of sale, and transport from the site of sale. In particular, a vendor must do all of the following: (a) Maintain the facilities used for the keeping of animals in a sanitary condition. (b) Provide proper heating and ventilation for the facilities used for the keeping of animals. (c) Provide adequate nutrition for, and humane care and treatment of, all animals that are under the vendor’s care and control. (d) Take reasonable care to release for sale, trade, or adoption only those animals that are free of disease or injuries. (e) Provide adequate space appropriate to the size, weight, and species of animals. (f) Have a documented program of routine care, preventative care, emergency care, disease control and prevention, and veterinary treatment and euthanasia that is established and maintained by the vendor in consultation with a licensed veterinarian employed by the vendor or a California-licensed veterinarian at least once a year. (g) Provide buyers of an animal with general written recommendations for the generally accepted care of the type of animal sold, including recommendations as to the housing, equipment, cleaning, environment, and feeding of the

animal. This written information shall be in a form determined by the vendor and may include references to Internet Web sites, books, pamphlets, videos, and compact discs. (h) Present for inspection and display a current business license issued by the local jurisdiction where the animals are principally housed. (i) Maintain records for identification purposes of the person from whom the animals offered for sale were acquired, including that person’s name, address, e-mail address, and telephone number and the date the animals were acquired. (§ 2, Ord. 3045, eff. April 14, 2016)

This article shall be enforced by the City Manager, the Police Chief, the Humane Officer, the City Health Officer, or such other person as the Council or City Manager may designate. (§ 2, Ord. 3045, eff. April 14, 2016)

(a) Any person who violates or fails to comply with any provision of this article shall be subject to any of the penalties and procedures set forth in Chapter 2 of Title 1 of the Municipal Code. (b) The provisions and procedures concerning administrative citations set forth in Chapter 5 of Title 1 of the Municipal Code shall apply to any administrative citations issued for violations of this article. A violation of this article shall constitute a “transient” violation within the meaning of that chapter. (§ 2, Ord. 3045, eff. April 14, 2016)

CHAPTER 2: FISH MEAL STORAGE AND HANDLING

CHAPTER 2: FISH MEAL STORAGE AND HANDLING

(Repealed by Ordinance 3028, addopted 12-1-15, and moved to Development Code Division 5.03)

CHAPTER 3: INTEGRATED SOLID WASTE MANAGEMENT

CHAPTER 3: INTEGRATED SOLID WASTE MANAGEMENT

Article 1: General Provisions 6-3.101 Declaration of policy 6-3.102 Purpose and objectives 6-3.103 Administration 6-3.104 Applicability 6-3.105 Exclusive jurisdiction 6-3.106 Definitions Article 2: Prohibitions 6-3.201 Accumulations 6-3.202 Burning of solid waste 6-3.203 Contamination of green waste and commingled recycling 6-3.204 Dangerous and infected substances 6-3.205 Dead animals 6-3.206 Dumping and burying 6-3.207 Scavenging 6-3.208 Solid waste not subject to routine collection 6-3.209 Unauthorized containers Article 3: Solid Waste Services 6-3.301 Responsibility to provide for collection 6-3.302 Placement of solid waste in containers 6-3.303 Maintenance of collection containers 6-3.304 Responsibility to provide for and use integrated waste collection services 6-3.305 Exemption from service 6-3.306 Residential collection containers 6-3.307 Residential collection frequency 6-3.308 Residential containers, placement 6-3.309 Residential collections of bulky items 6-3.310 Responsibility to provide for and use collection services 6-3.311 Commercial collection containers 6-3.312 Commercial collection frequency 6-3.313 Commercial containers, placement 6-3.314 Commercial storage standards Article 4: Rates and Provisions for Services and Billing 6-3.401 Integrated waste collection charges 6-3.402 Special service charges 6-3.403 Waiver of advanced payment or deposit 6-3.404 Physically challenged/elderly discount 6-3.405 Set-out/set-back service 6-3.406 Excess tonnage, weight violations 6-3.408 Abatement collection charges

6-3.409 Collection fees, customers to be billed 6-3.410 Collection and payment 6-3.411 Collection, delinquent fees Article 5: Allowable Composting and Recycling, Non-Waste Disposal 6-3.501 Backyard residential composting 6-3.502 Non-Waste Dealer operations 6-3.503 Appeal 6-3.504 Public access to information and confidentiality 6-3.505 Non-Waste Dealer purchases or receipt of Non-Waste, property owner responsibility 6-3.506 Prohibition on collecting solid waste, recyclable materials, organic waste, or Non-Waste for a fee. Article 6: Business Recycling Requirements 6-3.600 Purpose 6-3.601 Business recycling plan 6-3.602 Construction and demolition recycling plan 6-3.603 Alternate compliance 6-3.604 Mandatory business recycling 6-3.605 Mandatory commercial business organics service Article 7: Reduction and Reuse Provisions 6-3.701 City recycled goods policy Article 8: Mandatory Organic Waste Disposal Reduction 6-3.801 Requirements for single-family generators (standard compliance approach) 6-3.802 Requirements for single-family generators (performance-based compliance approach) 6-3.803 Requirements for commercial businesses (standard compliance approach) 6-3.804 Requirements for commercial businesses (performance-based compliance approach) 6-3.805 Waivers for generators 6-3.806 Requirements for commercial edible food generators 6-3.807 Requirements for food recovery organizations and services 6-3.808 Requirements for facility operators 6-3.809 Self-hauler requirements 6-3.810 Inspections and investigations 6-3.811 Enforcement

Article 1: General Provisions