Article I — DOMESTICATED ANIMAL CONTROL

DIVISION 1. GENERALLY

SEC. 5-1. DEFINITIONS.

For the purposes of this article, the following words shall have the following meanings:

(A) ANIMAL - Any dog, cat, poultry, bird, reptile, fish or any other mammal except a human being.

(B) ANIMAL POUND - Any dog pound, animal shelter, temporary pound or pound vehicle owned or operated by the county or the city.

(C) COUNTY HEALTH OFFICER - The county health officer and officers, employees and agents thereof.

(D) DOG KENNEL - Any place or premises wherein at least five or more dogs over the age of six months are kept for the purpose of breeding, training, boarding or holding for sale.

(E) HEARING OFFICER - A regular, full-time employee of the city designated by the city manager to act as the finder of fact and decision maker in any hearing required by this chapter.

(F) HOUSEHOLD PET - Cats, dogs, canaries, parrots and other animals and birds usually and ordinarily maintained in or around a residence for the enjoyment of the owner.

(G) KENNEL - Any premises whereon five or more dogs or cats over the age of four months are maintained for the purpose of boarding, grooming, breeding, training or sale.

(H) OWNER or KEEPER - Any person who possesses, harbors, or has control or custody of an animal.

(I) PET SHOP - Any place of business where dogs under four months of age, or cats, birds, reptiles, fish or any other animals to be used as household pets are maintained for sale.

(J) POULTRY - Pigeons, chickens, ducks, geese, turkeys and any other fowl.

(K) POUND - Any temporary or permanent animal shelter or pound vehicle owned or operated by the city.

(L) POUNDMASTER - Any person authorized by the city manager to perform the duties and functions of animal control.

(M) PROVOKING - The deliberate incitement of an animal by teasing, tormenting, abusing, or assaulting.

(N) RUNS AT LARGE - The act of an animal, being upon private property without the permission of the owner or occupant of the property or being upon public property and not upon a leash, except as exempted by § 5-43.

(O) TAX COLLECTOR - The county tax collector and the officers, employees and agents thereof.

(`64 Code, Sec. 5-1) (Ord. No. 1571, 2239, 2388, 2639)

SEC. 5-2. DECLARATION OF PUBLIC NUISANCE; PROHIBITED ACTS.

(A) The city council hereby declares that each of the following acts constitutes a public nuisance in the city:

(1) Maintaining any animal in a foul, offensive, obnoxious, filthy or unsanitary condition;

(2) The infliction of physical injury upon any person by any animal unless the person who, at the time the injury was sustained, was either (a) provoking the animal,

or (b) willfully trespassing or committing some other tort upon the premises occupied by the owner or keeper of the animal;

(3) The unprovoked infliction of physical injury by an animal upon another animal that occurs off the property of the owner or keeper of the animal inflicting the

injury;

(4) Threatening behavior by an animal toward any person that occurs in such circumstances as to cause such person reasonably to fear for the person's physical safety unless the person who, at the time of the animal's threatening behavior, was either (a) provoking the animal, or (b) willfully trespassing or committing some other tort upon the premises occupied by the owner or keeper of the animal;

(5) Any animal that runs at large;

(6) Any animal that damages real or personal property of any person other than the owner or keeper and which occurs off the property of the owner or keeper;

(7) The utterance of barks, cries, whines, or other sounds of any animal that are so loud, so frequent and continued over so long a period of time as to deprive

persons residing in two or more residences of the comfortable enjoyment of their residences;

(8) Maintaining any rooster more than four months old within a residential zone; or

(9) Maintaining any animal in violation of an order issued by a hearing officer pursuant to this division.

(B) The provisions of this section shall not apply to any animal owned by a public entity and used for military or law enforcement purposes.

(`64 Code, Sec. 5-2) (Ord. No. 1571, 2239, 2251, 2388, 2639, 3031)

SEC. 5-3. COMPLAINT.

Any person aggrieved by a public nuisance as set forth in section5-2 may swear out a written complaint with the city clerk. Such complaint shall state the date, time, and place where such nuisance exists or occurred, shall describe the animal, the conduct creating the nuisance, and, if known to the complainant, shall give the name and address of the owner or keeper of the animal. The complaint shall be verified by the complainant and list the address to which the complainant wishes all correspondence to be delivered along with a telephone number at which the complainant may be reached if the address is not within the city.

(`64 Code, Sec. 5-2.1) (Ord. No. 2239, 2375, 2388, 2639)

SEC. 5-4. HEARING; NOTICE.

Upon receipt of a complaint that alleges a public nuisance, or as soon thereafter as the hearing officer may determine the name and address of the owner or keeper of the animal, the hearing officer shall cause a notice of a public nuisance hearing to be served upon the owner or keeper of the animal and upon the complainant. The notice shall be in writing and may be served either by personal delivery or by depositing a copy in the United States mail addressed to the person to be served, postage prepaid, return receipt requested. The notice shall:

(A) Include a copy of the complaint;

(B) State that a public nuisance hearing will be held to determine whether the animal described in the complaint is a public nuisance and, if the animal is found to be a public nuisance, how the public nuisance may be abated in accordance with this division;

(C) State the location, time and date of the public nuisance hearing, which shall be not more than 30 calendar days after the date of the notice; and

(D) Include a copy of this division.

(`64 Code, Sec. 5-2.2) (Ord. No. 2239, 2375, 2388, 2639)

SEC. 5-5. IMPOUNDMENT PENDING HEARING, PRELIMINARY HEARING.

(A) If the poundmaster determines that probable cause exists to believe that (1) an animal poses a threat to the safety of persons or property or (2) an animal is being maintained in violation of a previously issued order of a hearing officer, the poundmaster may seize the animal and have the animal transported to and housed in an animal pound. If the poundmaster does seize and impound an animal, the poundmaster shall promptly either (1) give the notice set forth in subsection 5-5(B) to an owner or keeper of the animal, or (2) if an owner or keeper of the animal is not readily known or available, attempt to determine the name and address of an owner or keeper of the animal and either personally serve such notice upon or send such notice to an owner or keeper of the animal by United States mail, postage prepaid, return receipt requested.

(B) Upon impoundment of an animal, a notice in the following form shall be served or sent in accordance with subsection5-5(A):

Notice of Right to Preliminary Hearing

Please take notice that on (insert the date) a (describe the animal - for example - "a dog of approximately 18 inches in height at the front shoulders with black and brown fur") was impounded by the City of Oxnard as posing a public nuisance. A public nuisance hearing will be scheduled in accordance with the Oxnard City Code to determine if the animal is a public nuisance and, if so, how such public nuisance is to be abated. A notice of the location, time and date of such public nuisance hearing will be sent to you at a later date. If, prior to the public nuisance hearing, you wish to retrieve the above described animal, you may request a preliminary hearing to determine if the animal should be impounded until such time as a final order is issued by the hearing officer after conducting the public nuisance hearing.

If you wish a preliminary hearing, please complete, sign and return this Notice of Right to Preliminary Hearing to the Oxnard police chief at (insert the address of the

police department), and a preliminary hearing will be scheduled within 48 hours (excluding holidays and weekends) from the time of receipt of your request by the police chief.

Dated: ___________ __________________________________

Poundmaster

Request for Preliminary Hearing

I request a preliminary hearing in accordance with division 1 of article I of chapter 5 of the Oxnard City Code as to the continued impoundment of the animal

described above. Please notify me by telephone at __________________ and deliver all notices to the following address:

Address: _____________________________________________________________

Printed name of owner/keeper: ___________________________________________

Signature of owner/keeper: ______________________________________________

(C) Upon receipt of a request for a preliminary hearing, the hearing officer shall immediately cause the requesting party to be notified by telephone (if a telephone number is supplied by the requesting party) of the location, time and date of the preliminary hearing and have delivered to the requesting party's address (if such requesting party's address is within the city of Oxnard) a notice of the location, time and date of the preliminary hearing.

(D) At the location, time and date set forth in the notice, the hearing officer shall conduct a preliminary hearing to determine whether probable cause exists to believe that (1) the animal would pose a threat to the safety of persons or property if returned to the owner or keeper during the pendency of the public nuisance hearing, or (2) the animal was being maintained in violation of a previously issued order of a hearing officer.

(E) The hearing officer shall allow testimony and evidence in accordance with sections5-7 and 5-8.

(F) In making such determination, the hearing officer shall consider all evidence and testimony offered at the preliminary hearing, including any proposals made by the owner or keeper (1) to secure the animal in a manner so as to foreclose opportunities for injuring or threatening a person or property or (2) to assure the animal will be maintained in accordance with any previously issued order of a hearing officer.

(G) Within 24 hours (excluding holidays and weekends) of the conclusion of the preliminary hearing, the hearing officer shall issue a written order as to whether the impoundment shall continue or if the animal may be returned to the owner or keeper.

(H) If the order is for the return of the animal, the order may contain specific conditions upon which the animal shall be returned to the owner or keeper, including the payment of animal pound fees.

(I) If the hearing officer determines the animal should be impounded, the hearing officer shall permit the animal to be confined at the owner's or keeper's expense in a kennel or veterinary hospital approved by the hearing officer.

(J) A violation of an order or a condition in an order of the hearing officer after a preliminary hearing shall be grounds for immediate impoundment of the animal.

(`64 Code, Sec. 5-2.3) (Ord. No. 2239, 2375, 2388, 2639)

SEC. 5-6. TIMING OF HEARINGS.

(A) The hearing officer shall conduct the public nuisance hearing not later than 30 calendar days after service of the notice of hearing as set forth in section5-4. The hearing shall be held at the location, time and date set forth in the notice.

(B) Upon the request of any party and the showing of good cause, the hearing officer may grant a reasonable continuance of either the preliminary hearing or public nuisance hearing.

(`64 Code, Sec. 5-2.4) (Ord. No. 2239, 2375, 2639)

SEC. 5-7. WITNESSES.

The hearing officer may determine whether oral evidence shall be taken under oath or affirmation. The hearing officer shall receive oral evidence given in either a formal or informal style. The hearing officer shall permit the parties to call and examine witnesses, to introduce exhibits, to cross-examine witnesses on any matter relevant to the issues even though such matter was not covered on direct examination, and to impeach any witness regardless of which party first called the witness to testify.

(`64 Code, Sec. 5-2.5) (Ord. No. 2239, 2375, 2639)

SEC. 5-8. EVIDENCE.

The hearing officer shall admit any relevant evidence if the evidence is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make such evidence improper. The hearing officer shall admit such improper evidence for any purpose but such evidence shall not be sufficient itself to support a finding unless the evidence would be admissible over objection in a civil action under the formal rules of evidence or unless the evidence is corroborated by otherwise admissible evidence.

(`64 Code, Sec. 5-2.6) (Ord. No. 2239, 2375, 2639)

SEC. 5-9. SUBPOENA POWER.

The hearing officer shall, at the request of any party, issue subpoenas and subpoenas duces tecum for the attendance of witnesses or production of documents at the preliminary hearing or public nuisance hearing. Any person duly subpoenaed to appear and testify or to produce any books and papers who wrongfully neglects or refuses to appear or to testify or to produce such books and papers shall be guilty of a misdemeanor.

(`64 Code, Sec. 5-2.7) (Ord. No. 2239, 2375, 2639)

SEC. 5-10. RECORD OF HEARING.

The hearing officer shall record the preliminary hearing and the public nuisance hearing on a recording device and shall make such recording available to the parties upon request. The hearing officer shall provide a copy of the recording or a transcript prepared therefrom to any party who requests it and who deposits with the city treasurer the estimated cost of making such copy or preparing such transcript.

(`64 Code, Sec. 5-2.8) (Ord. No. 2239, 2375, 2639)

SEC. 5-11. FINDINGS.

Within 15 days after the conclusion of the public nuisance hearing, the hearing officer shall make written findings and render a decision on the issues presented at the hearing.

(`64 Code, Sec. 5-2.9) (Ord. No. 2239, 2375, 2639)

SEC. 5-12. ORDER.

(A) The hearing officer shall determine what actions are reasonably necessary in order to resolve the issues presented at the public nuisance hearing. If the hearing officer determines that the animal in question is a public nuisance in violation of subsections (A)(2) through (A)(4) of section 5-2, the hearing officer shall order the animal humanely destroyed.

(B) If the hearing officer determines that the animal in question is a public nuisance in violation of another portion of section5-2, the hearing officer shall make an order with conditions that are reasonably calculated to assure that the animal does not continue to be a public nuisance.

(C) If the hearing officer determines that the animal in question is a public nuisance, then the order of the hearing officer shall include the requirement that the owner or keeper of the animal pay the animal pound fees if the animal was impounded.

(`64 Code, Sec. 5-2.10) (Ord. No. 2239, 2375, 2639)

SEC. 5-13. NOTICE OF ORDER.

The hearing officer's findings and order shall be final when issued and shall be served promptly on the parties.

(`64 Code, Sec. 5-2.11) (Ord. No. 2239, 2375, 2639)

SEC. 5-14. FAILURE TO COMPLY WITH ORDER.

The failure of an owner or keeper of an animal to take any action required by the order of the hearing officer within the applicable time limit specified in the order shall be a misdemeanor or an infraction. The humane destruction of the animal by the owner within such time limit shall be deemed compliance with the order regardless of the abatement action specified in the order. Each day or portion thereof that such noncompliance continues after such time limit shall constitute a separate offense. The poundmaster may seize any animal being maintained in violation of any order of the hearing officer.

(`64 Code, Sec. 5-2.12) (Ord. No. 2239, 2375, 2388, 2639)

SEC. 5-15. FINALITY OF ORDER.

The decision of the hearing officer shall be final and constitutes the exhaustion of available administrative remedies to review complaints of public nuisances caused by animals.

(`64 Code, Sec. 5-2.13) (Ord. No. 2239, 2375, 2639)

SEC. 5-16. RESERVED.

(`64 Code, Sec. 5-3)

SEC. 5-17. VETERINARIANS AND MEDICAL PROVIDER TO REPORT SUSPECTED RABID ANIMALS AND ANIMAL BITES.

(A) Every veterinarian shall report immediately to the poundmaster any animal which is diagnosed by the veterinarian as having rabies or which the veterinarian has reason to suspect has rabies.

(B) Every medical provider or other person who treats any person for a bite inflicted by any animal shall report immediately to the poundmaster the name and address of each person receiving such treatment, and, upon the request of the poundmaster, to report to poundmaster such additional information relating to the bite or treatment as poundmaster may deem to be helpful in rabies control.

(`64 Code, Sec. 5-4) (Ord. No. 1571, 1616, 2388)

SEC. 5-18. EXEMPTIONS; SPECIAL PERMITS.

(A) The provisions of this article shall not apply to those properties officially adopted by the city as agriculture preserves as provided in Cal. Gov't Code, Sections 51200 et seq.

(B) Properties containing 20 acres or more that are used exclusively for agriculture purposes may be exempted from the provisions of this article pursuant to special permit.

(C) Where a special permit is required the applicant shall obtain signatures of approval from all owners of property and residents within a radius of 200 feet from the subject property. The application shall be presented to the city clerk in writing. The city clerk shall refer the application to the poundmaster, building official and development services department and conditions advisor who shall make an investigation and make their written recommendations upon the application.

(`64 Code, Sec. 5-5) (Ord. No. 1571, 2239, 2388)