Chapter 8.03 — ABANDONED, NEGLECTED AND CRUELLY TREATED ANIMALS

Penal Code Section 597.1, Permitting Animals to Go Without Care; Veterinary Care for Injured Animals; Pre seizure and Post Seizure Hearings, as may be amended by the state, is hereby incorporated herein in its entirety by reference.

(Ord. No. 1380, § 2, 5-14-2019)

The city shall retain an independent hearing officer for all matters related to enforcement of Penal Code Section 597.1. Said hearing officer shall be under the authority of the city manager or his or her designated alternative, at their sole discretion in order to maintain neutrality and objectivity. Selection of said hearing officer shall be made by the city manager or his or her designated alternative. The city manager or his or her designee may elect to secure the services of an on-call hearing officer, who shall be available to respond to the timely hearing requirements contained in Penal Code Section 597.1.

(Ord. No. 1380, § 2, 5-14-2019)

It is unlawful to abandon any animal, dead or alive, within the boundaries of the city.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

It is unlawful and is a violation of this chapter for any person to abandon, starve, kill, injure, torture, torment, or otherwise treat in a cruel or inhumane manner, any domesticated or wild animal within the city except in defense of person, property or another animal, or when the person whose actions are in question reasonably believes that the questioned action or actions are necessary for the preservation of the public health or safety. This provision shall not be construed to limit in any manner the carrying out of official duty by any peace officer, humane officer or other law enforcement officer.

(b)

Any animal which is abandoned, starved or treated in a cruel or inhumane manner, or which is willfully or negligently allowed to suffer torture or unnecessary pain, may be impounded and treated or disposed of in a humane manner, or as prescribed in Penal Code section 597f.

(c)

Except as otherwise provided in the impounded animals section of this chapter, or under exigent circumstances, at least five working days prior to the impoundment, adoption, disposal or destruction of any animal under this section, written notice shall be given by personal delivery, first class mail, postage prepaid, to the last known address of the owner, of such person's right to a hearing as to whether or not such impoundment, adoption, disposal or destruction shall be ordered, except where such delay will be unreasonable in the opinion of the senior animal control officer, in which case the animal may be impounded immediately. In the event the owner of such animal requests a hearing prior to such action being taken, no impoundment, adoption, disposal or destruction shall take place until the conclusion of such hearing, which hearing shall be conducted by the senior animal control officer, except as otherwise provided in the impounded animals section of this chapter. Requests for hearing shall be filed in writing with the senior animal control officer.

(d)

If, in the opinion of the senior animal control officer, immediate impoundment is necessary for public health or safety or the health or safety of the animal, the pre-impoundment hearing shall be deemed waived; provided, however, that in such case the owner of the animal shall be given at least five working days' notice as provided in this subsection of her or his right to a post-impoundment hearing. Requests for hearing shall be filed in writing with the senior animal control officer. In the event a post-impoundment hearing is requested, it shall be conducted by the senior animal control officer, or by a person authorized by the senior animal control officer to conduct the hearing. The person who conducts the hearing shall not have been directly involved in the events leading up to the hearing. The pre-impoundment or post- impoundment hearing shall commence within ten days after the date the written request has been received by the city, and the animal which is the subject of such hearing shall not be destroyed or disposed of prior to the conclusion of such hearing. Notice of the time, date and place of such hearing shall be given to the owner or person entitled to possession of the animal which is the subject of such hearing and to the senior animal control officer.

(e)

Within ten days after the conclusion of the hearing, whether pre-impoundment or post-impoundment, the person conducting the hearing shall render, in writing, his findings, decision and order to the owner of the subject animal and to the senior animal control officer. Service of such notice shall be made upon the owner by personal delivery or by first class mail, postage prepaid. If the impoundment is found to be unjustified, the animal shall be returned, without charge for any impoundment which occurred.

(Ord. No. 1380, § 2, 5-14-2019)

It is unlawful to place, leave or expose in any place accessible to any pet with the intent to kill or harm such animals, any poisonous substance or ingredient, or any edible or any other substance or ingredient which has in any manner been treated or prepared with any poisonous substance or ingredient.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

Any animal kept or maintained within the city shall be kept and maintained in a sanitary condition with all refuse and manure removed from the premises at least once each calendar week. All rules and regulations of the state health department pertaining to sanitary conditions and maintenance of premises must also be complied with.

(b)

It is unlawful for the owner or person having charge, custody or control of any animal to permit, either willfully or through the failure to exercise due care or control, any such animal to create a nuisance by leaving its excreta and to allow such nuisance to therefore remain on the following:

(1)

Any public park in the city;

(2)

A public sidewalk, parkway or any other public property;

(3)

Any entranceway, stairway or wall immediately abutting a public sidewalk;

(4)

The floor of any theater, shop, store, office building or other building used by the public;

(5)

Any improved private property other than that of the owner or person who has custody or control of such animal;

(6)

The floor of any common hall in any apartment house, tenement house, motel or other multiple dwelling.

(c)

Any owner or person found in violation of this section shall be fined $50.00, payable to the city, for each violation.

(Ord. No. 1380, § 2, 5-14-2019)

No person shall cause any animal, including, but not limited to, any cock or dog, to fight with the like kind of animal, with a different kind of animal or a human being. Nor shall any person permit the same to be done on any premises under his charge or control. Any person, who aids, abets or is present at such fighting as a spectator is guilty of a misdemeanor.

(Ord. No. 1380, § 2, 5-14-2019)

Any person who owns, possesses, keeps or trains any animal with the intent that such animal shall be engaged in an exhibition of fighting, or is present at any place or building where preparations are being made for an exhibition of the fighting of animals with the intent to be present at such exhibition, is guilty of a misdemeanor.

(Ord. No. 1380, § 2, 5-14-2019)