Chapter 8.01 — ANIMALS GENERALLY

(a)

The city council shall designate by resolution the city officials who shall have the authority to issue citations within the city for violations of this chapter.

(b)

Each city official so designated is authorized by the city council, pursuant to Penal Code sections 19.7, 832 and 836.5, and subject to the provisions thereof, to arrest a person without a warrant whenever the city official has reasonable cause to believe that the person to be arrested has either violated a provision of this chapter in his or her presence or fails to correct a violation and therefore has committed an infraction which the city official has the discretionary duty to enforce.

(c)

Each city official so designated is further authorized to issue a notice to appear in court, pursuant to Penal Code sections 853.5 and 853.6. Under no circumstance may the city official take the person to be arrested into custody. In the event that the person to be arrested demands to be taken before the magistrate or refuses to provide his or her written promise to appear in court, the city official must either summon a law enforcement officer to arrest the person and take the person into custody, or seek the assistance of the city attorney and request that an infraction complaint be prepared and filed against the person.

(d)

In addition to the mandatory course of training prescribed by the Commission on Peace Officer Standards and Training pursuant to Penal Code section 832, the senior animal control officer shall establish and cause to be administered a special enforcement training program designed to instruct the city officials so

designated regarding the provisions of this chapter which are to be enforced, the evidentiary prerequisites to proper prosecution for violations thereof, the appropriate procedures for making arrest and citation authority and the limitations attendant thereto. Each city official so authorized shall be appropriately authorized to file executed citations within the animal control division and shall provide one copy of each executed citation to the chief of police and one copy to the court.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

Except as specifically provided otherwise in this chapter, the senior animal control officer shall supervise the administration and enforcement of this chapter and of all other applicable state and local laws and regulations.

(b)

The city council may enter into a written agreement with any veterinarian, any organized humane society or association or city or county agency which will undertake to carry out the provisions of this chapter and maintain and operate an animal shelter, and which will license, take up, care for, impound and dispose of animals. Any such veterinarian, society or association may carry out all or any of the provisions of this chapter in the manner prescribed in this chapter.

(c)

It is unlawful for any person to interfere with, oppose or resist any officer or person empowered to enforce the provisions of this chapter while such officer or person is engaged in the performance of his or her duties as provided in this chapter.

(d)

Nothing in this chapter shall be construed as limiting the authority or duties of an animal control officer, peace officer, or humane officer granted or imposed by any other applicable law or regulation.

(e)

All of the city's animal control officers are authorized to carry tranquilizer equipment, issued by the city, while acting in the course and scope of their employment.

(Ord. No. 1380, § 2, 5-14-2019)

Infraction. Unless specified otherwise, any person who violates any provision of this chapter is guilty of an infraction.

(Ord. No. 1380, § 2, 5-14-2019)

Upon receiving a complaint from any person alleging a violation of this chapter and upon receiving the name and address of the owner and/or custodian of the animal, if known, an investigation to determine whether a violation exists may be made. If the investigation discloses a violation of the provisions of this chapter, prosecution may be initiated against the owner and/or custodian.

(Ord. No. 1380, § 2, 5-14-2019)

Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions of this chapter are empowered to enter upon private property, where any dog, cat or animal is kept or reasonably believed to be kept, for the purpose of ascertaining whether such animal is being kept in violation of any provision of this chapter, other ordinance governing animals, or California State Law relating to the regulation, care and/or keeping of animals.

Notwithstanding any provision in this chapter relating to entry upon private property for any purpose under this chapter, no such entry may be conducted: (a) without the express or implied consent of the property owner or the person having lawful possession thereof; (b) unless an inspection warrant has been issued and the entry is conducted in accordance with California Code of Civil Procedure, sections 1822.50 through 1822.56, inclusive; or (c) except as may otherwise be expressly or impliedly permitted by law.

(Ord. No. 1380, § 2, 5-14-2019)

Any resident of the city who legally owns more animals than are authorized by this chapter or a type of animal not authorized by this chapter on his or her property on the date of adoption of this chapter, shall nevertheless have the ownership of such animal(s) "grandfathered" on that property, such that the ownership of the animal(s) shall be considered a legal nonconforming use, where the owner can demonstrate that such animals were owned and maintained on a specific property prior to the adoption of this chapter and that such ownership was legal at that time. Once a grandfathered animal dies, the deceased animal may be replaced with the same type of animal, to retain the grandfathered status, provided the animal is replaced within 90 days. However, once an animal is removed from the property for a period longer than 90 days, the grandfathered right to such animal or same type of animal is extinguished.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

It is unlawful for any person to have, keep, maintain, or have in his or her possession or under his or her control, on any property within the city, any bovine, sheep, buffalo, ox, ostrich, donkey, horse, mule, llama, goat or swine, unless:

(1)

The lot size of the property is not less than 20,000 square feet;

(2)

The animal is maintained at least 150 feet from any occupied residence on adjacent property;

(3)

There are no more than a collective total of two: horses, mules, buffalo, ostrich, llama, bovine, sheep, goats, ox, cattle, donkey or swine; and

(4)

There are no more than a collective total of five small animals or fowl (including pigeons, chickens, ducks, geese, turkeys and peacocks but excluding roosters), turtles and/or rabbits.

(b)

In addition, the keeping of large animals, such as horses, cows, sheep and pigs, shall be limited to the following densities:

(1)

Two large animals on at least 20,000 square feet;

(2)

Three large animals on at least 30,000 square feet;

(3)

Four large animals on at least one acre; and

(4)

More than four large animals shall only be allowed on property greater than one acre provided that there is at least 20,000 square feet per animal.

(c)

It is unlawful for any person to have, keep, maintain or have in his or her possession or under his or her control:

(1)

A rooster on any property not less than 20,000 square feet. No matter how large the property, it is unlawful for any person to keep, maintain or have in his or her possession or under his or her control more than two roosters; or

(2)

A horse, llama, buffalo, ostrich, sheep, goat, swine, bovine, ox, donkey, elephant, or mule on any property within the city unless the property is zoned RA or A1; or

(3)

No more than four rabbits. The maximum number of rabbits may be allowed without a city permit; however, the keeping of rabbits shall be subject to the restrictions set forth in section 8.01.100[2].

(Ord. No. 1380, § 2, 5-14-2019)

Upon receipt of a city permit or license, an exception is granted for the ownership and/or use of:

(1)

Potbellied pigs—(Also known as a Vietnamese potbellied pig, Chinese potbellied pig or miniature pig.) No matter how large the property, it is unlawful for any person to keep, maintain or have in his or her possession or under his or her control more than one potbellied pig. Potbellied pigs shall only be kept and maintained in residential zoned areas in the city. It is unlawful for any person to own, harbor, keep or maintain any miniature pig, that is four months of age or older, within the City of Perris, for a period longer than 30 days, unless the animal has been spayed or neutered and the person owning or possessing the animal has obtained from the division of animal control a license for the animal, and paid a fee in the amount specified below. In those instances where the animal may not be safely altered for a valid health reason, the owner of the animal shall obtain from a licensed veterinarian a letter so stating, and the requirement of alteration (but not licensing) shall be excused.

(2)

Permits issued under this section shall only be granted by the city upon a showing by the applicant that adequate safeguards have been established and will be maintained which will effectively control the possible nuisance, dangerous or vicious propensities of such animal eliminating any nuisance or danger to individuals or property, or provide that the keeping or using of such animal will in no way constitute a nuisance to the occupants of any surrounding property. The denial of the permit shall be in writing and shall specify the grounds for such denial. The applicant shall have ten days from the date the permit was denied in order to appeal such denial to the city council.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

Any traveling exhibition, circus or carnival shall notify the city animal control division in writing of its intent to perform within the city at least 14 days prior to the first performance, as required by California Health and Safety Code section 25989.1. Failure to do so shall result in a fine of $500.00 for a first violation, and $1,500.00 for a second violation within a six month period, and $5,000.00 for any third or subsequent violations occurring within a six month period.

(b)

No performing animal exhibition, circus or carnival shall be permitted within the city limits in which animals are induced or encouraged to perform through chemical, mechanical, electrical or manual devices in a manner which cause physical injury, suffering or death. All equipment used on a performing animal shall fit properly and be in good working order. Such exhibition or circus must apply for and receive a permit from the city at least 14 days prior to the first performance in order to operate within the city.

(c)

Any performing animal exhibition, circus or carnival shall be subject to random inspections by the senior animal control officer or their designee during the entire period that the exhibition, circus or carnival is present and operating within the city.

(Ord. No. 1380, § 2, 5-14-2019)

This chapter shall not prohibit leading, driving, riding or conducting animals under adequate supervision along a public highway.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

Subject to the provisions contained in section 8.01.140 of this chapter, it shall be the duty of the senior animal control officer or their designee to take up and impound:

(1)

Any animal kept and maintained contrary to the provisions of this chapter, any of the codified ordinances of the city, any codified ordinance of the county or any state statute;

(2)

All animals found at large upon any highway, street, sidewalk, lane, alley or other public place, or upon any private property;

(3)

Sick, injured, stray or unwanted animals, for which the owner or custodian cannot be found or is unable or unwilling to provide proper care;

(4)

Animals quarantined where no other place of quarantine is acceptable to the senior animal control officer;

(5)

Animals delivered or requested to be impounded by a peace officer, or public officer or employee as defined in Penal Code section 836.5;

(6)

Any other animal authorized to be impounded pursuant to the provisions of this chapter.

(b)

The city may collect from the owner or person in whose control or custody the animal was intended to be a fee to reimburse the city's actual costs incurred to care for the animal for each animal impounded by the city.

(c)

The senior animal control officer has discretion to waive impound, board and related fees and charges. No impounded animal may be released to any person, institution or other entity which uses animals for laboratory experiments or that sells animals to other persons for laboratory experiments.

(d)

The senior animal control officer, or his authorized designee, shall place all animals taken into custody in an animal shelter if the owner cannot be, upon initial contact, identified and contacted and the animal returned home.

(e)

The senior animal control officer or their designee may contract with any person to keep, feed and care for any such animal at reasonable rates for not more than 20 days.

(Ord. No. 1380, § 2, 5-14-2019)

At least three working days prior to the impoundment of any animal, notice shall be given in person to, or by mail to the last known address of, the owner or person entitled to possession thereof of his or her right to a hearing as to whether or not such impoundment is justified. If the owner or person entitled to possession thereof requests a hearing prior to impoundment, no impoundment shall take place until the conclusion of the hearing except as provided herein. If in the opinion of the senior animal control officer or their designee, immediate impoundment is necessary for the preservation of the public health or safety, the pre-impoundment hearing may be dispensed with; provided, however, in such cases the owner or person entitled to possession thereof shall be given three working days notice as provided herein of his or her right to a hearing. If a hearing is requested, the hearing shall be held within five days of the request, and the animal shall not be sold, destroyed or otherwise disposed of prior to the conclusion of the hearing. Notice of the time, date and place of the hearing shall be given to the owner or person entitled to possession thereof. If, at the end of the hearing, the impoundment is found to be unjustified, the animal shall be returned to the owner or person entitled to possession thereof without charge.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

Upon the conviction of a person of a violation of this chapter, all animals lawfully seized and impounded with respect to the violation by a peace officer or an animal control officer shall be adjudged by the court wherein the conviction took place to be forfeited and shall thereupon be awarded to the impounding officer for disposition in accordance with the written policy on disposition of impounded animals adopted by the city council.

(b)

Any animals adjudged forfeited under the provisions of Penal Code Section 597, shall be disposed of in accordance with the written policy on disposition of impounded animals adopted by the city council.

(Ord. No. 1380, § 2, 5-14-2019)

If it shall appear to the senior animal control officer or their designee from the report of a licensed veterinarian or other qualified person that an animal is afflicted with rabies, he or she shall humanely destroy such animal, and shall take such other action as may be required by law and as he or she deems necessary to prevent the spread of such disease. He or she may humanely destroy any sick, disabled, infirm or crippled animal found at large if he or she is unable to identify and locate the owner.

(Ord. No. 1380, § 2, 5-14-2019)

Upon impounding of any bovine animal, horse, mule or burro, the senior animal control officer or their designee shall comply with California Food and Agriculture Code Section 17003 and immediately notify the Secretary of Food and Agriculture.

(Ord. No. 1380, § 2, 5-14-2019)

If any animal other than a domestic bovine animal, horse, mule or burro, and except an animal afflicted with rabies, impounded by the senior animal control officer or their designee, is not reclaimed within two days thereafter, it shall be sold by the senior animal control officer or their designee after giving notice of sale in accordance with section 8.01.180.

(Ord. No. 1380, § 2, 5-14-2019)

The notice of sale shall contain a description of the animal, including any identifying marks or brands; the date and place where the animal was taken up; and the time and place of sale. At least five days prior to the sale of any impounded animal, the senior animal control officer or their designee shall cause a copy of the notice to be published in a newspaper circulated in the area where the animal was found, and shall mail

a copy of the notice to the owner or person entitled to possession of the animal at his or her residence or place of business, if known.

(Ord. No. 1380, § 2, 5-14-2019)

At the time and place set forth in the notice of sale, the senior animal control officer or their designee shall sell the impounded animal at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the senior animal control officer or their designee may sell such animal at private sale or humanely destroy such animal, or otherwise dispose of it as permitted by law.

(Ord. No. 1380, § 2, 5-14-2019)

The proceeds of such sale, after first deducting fees and charges of the senior animal control officer or their designee, including costs of sale, shall be paid by the senior animal control officer or their designee to the city treasurer who shall then pay over to the owner of such animal sold if claimed within one year thereafter. If not so claimed, they shall be transferred into the general fund of the city.

(Ord. No. 1380, § 2, 5-14-2019)

Any impounded animal that is not redeemed within the period of time prescribed in the provisions of this chapter may be considered abandoned and placed for adoption. Animals may be adopted by private individuals upon payment of any fees and charges thereon.

(Ord. No. 1380, § 2, 5-14-2019)

The owner or person entitled to possession of any animal impounded, may at any time before the sale or other disposition thereof, redeem the same by paying the senior animal control officer or their designee all fees and charges thereon.

The owner of any lost animal may, at any time within 30 days after the sale, redeem such animal from the person who purchased it upon payment of all fees and charges thereon necessary to reimburse the person who purchased it, as well as a sum equal to reasonable care and feeding charges per day for the number of days from the date of the adoption to and including the date of redemption by the owner.

(Ord. No. 1380, § 2, 5-14-2019)

The senior animal control officer or their designee shall charge and collect from each person redeeming any animal an impounding fee as established by resolution of the city council. Impounding fees shall be established for a first, second and third offense, as well as the actual cost for transporting, veterinary

services or other extraordinary measures required for the handling of said animal. The following classes of animals shall be covered by this section:

Unaltered impounded animal;

Altered impounded animal,

The city council shall establish by resolution a daily boarding rate that shall be paid in addition to those fees set forth in this chapter. The following classes of animals shall be subject to the boarding rate:

(1)

For the maintenance of swine, goats and sheep: per animal, for each day of impoundment;

(2)

For the maintenance of horses and cattle: per animal, for each day of impoundment;

(3)

For the maintenance of ponies: per animal, for each day of impoundment;

(4)

For the maintenance of fowl: per animal, for each day of impoundment.

The city council shall establish by resolution a fee for the cost of picking up an animal that shall be paid in addition to all fees set forth within this chapter. The following classes of animals shall be subject to the picking up rate:

(5)

For the picking up of large-sized animals, such as horses, cattle, and ponies: per animal;

(6)

For the picking up of medium-sized animals, such as swine, goats, and sheep: per animal;

(7)

For the taking up of small-sized animals, such as rabbits and guinea pigs: per animal;

(8)

For the taking up of animals after normal business hours: the fully burdened hourly rate for a senior animal control officer as established by the city. This after hour's fee is in addition to any other applicable fees set forth in this chapter.

(Ord. No. 1380, § 2, 5-14-2019)

The senior animal control officer, or his authorized designee, shall keep a record of each animal impounded, the date of receipt of such animal, the date and manner of sale or other disposition thereof, the name of the person redeeming or reclaiming such animal, the address and telephone number of such person, and the amounts of all fees received or collected for or because of the impounding, redeeming or reclaiming thereof, together with the number of any tag, and the date of any registration issued upon the redemption or reclamation of any such animal.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

It is unlawful for the owner of any animal, other than a cat, to allow such animal to run at large within the city.

(b)

It is unlawful for any person, whether or not the owner, to cause any animal, except a cat, to run at large within the city.

(c)

It is lawful for any person to take up, in a humane manner, any animal running at large in violation of this ordinance and to promptly notify or deliver such animal to the senior animal control officer.

(d)

The provisions of this section shall not apply to any official police dog while such dog is on duty.

(Ord. No. 1380, § 2, 5-14-2019)

It is unlawful for any person who owns a pet shop to do any of the following:

(1)

Maintain the facilities used for keeping of animals in an unsanitary condition;

(2)

Fail to provide proper heating or ventilation for the facilities used for the keeping of animals;

(3)

Fail to provide adequate nutrition for, and humane treatment of, all animals under his care and control;

(4)

Fail to take reasonable care to release for sale, trade or adoption only those animals which are free of disease and injury;

(5)

Fail to provide adequate space appropriate to the size, weight and species of an animal;

(6)

Fail to provide adequate signage to warn of animals that may carry salmonella;

(7)

Fail to keep a file on each animal with the following information:

a.

Where the animal was obtained from;

b.

The history of veterinary care and treatment given to the animal while in the possession of the pet shop owner; and

c.

A health certificate for each exotic animal.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

Unless zoning specifically allows otherwise or unless permitted by a state agency, no person shall have, keep or maintain, or have in his possession or under his control on any property within the city any exotic animal, any venomous or otherwise dangerous reptile or arachnid, or other dangerous or carnivorous wild animal, irrespective of its actual or asserted state of docility, tameness or domesticity. The senior animal control officer may impound any such animal and dispose of it in a humane manner after three working days to allow for legal restraining action by the owner.

(Ord. No. 1380, § 2, 5-14-2019)

It is unlawful for any person to willfully injure, annoy, tease, torment, strike, startle, attempt to startle or throw any object at any official police dog or horse. The conduct prohibited shall include, but is not limited to, the use of any part of the body, including the voice, or the use of any object, including liquids or a vehicle, with the intent to accomplish one or more of the above acts.

(Ord. No. 1380, § 2, 5-14-2019)

It is unlawful for any person to keep or maintain on his premises, including leased premises, any animal within 100 feet of any other residence, his own not included, except as follows:

(1)

If expressly allowed by the zoning code; or

(2)

Domestic pets, including dogs, cats, caged birds, turtles, rabbits, mice, caged reptiles, fish aquariums or other similar household pets.

(Ord. No. 1380, § 2, 5-14-2019)

No person owning or having charge, care or custody of any animal shall permit such animal to damage or destroy the property of another person.

(Ord. No. 1380, § 2, 5-14-2019)