Chapter 8.02 — DOGS AND CATS

(a)

Except as provided in section 8.02.050(a), it is unlawful for any person to own, harbor, or keep any dog, four months of age or older, within the city, for a period longer than 30 days, unless a currently valid license tag has been issued by the senior animal control officer or their designee or any agency authorized by the city for such purpose and the tag is displayed upon the dog's collar pursuant to section 30951(b) of the California Food and Agriculture Code.

(b)

It is unlawful for any person to own, harbor, or keep any dog, four months of age or older, within the city, for a period longer than 30 days, which has not been vaccinated against rabies. Every person in the city who owns, harbors, or keeps any dog over four months of age, for a period longer than 30 days, shall have such dog vaccinated against rabies as provided in this chapter, by a veterinarian of his or her choice and such vaccination shall be renewed in accordance with the applicable laws and regulations of the State of California.

(c)

Each veterinarian, after vaccinating any dog, shall sign a certificate of vaccination in triplicate in the form required by the senior animal control officer or their designee. The veterinarian shall keep one copy, shall give one copy to the owner of the vaccinated dog, and shall send one copy to the division.

(d)

The senior animal control officer or their designee shall issue a license only upon presentation of a certificate of vaccination indicating therein that the date of expiration of the vaccination immunity is not earlier than the date of expiration of the license being issued or renewed and upon payment of the applicable licensing fee specified in subsection 8.02.010(f); provided, however, that where the vaccinated dog is between the ages of four months and 12 months, the period of vaccination immunity required for licensing shall be as specified in Title 17, California Administrative Code, Section 2606.4.

(e)

Notwithstanding the provisions of subsections (b) and (d) of this section, in the event that a dog has a short-term illness, is pregnant, or suffers from a long-term debilitating illness which, in the opinion of a veterinarian, contraindicates vaccination for rabies, such dog shall not be required to undergo vaccination during the period of such illness or pregnancy where a request for vaccination deferral has been approved by the senior animal control officer or their designee. Such request shall specify the duration of the requested deferral, the reason for the requested deferral, and shall be signed by a veterinarian. The senior animal control officer or their designee shall issue a license for such dog upon approval of the request for vaccination deferral and payment for the applicable license fee specified in subsection 8.02.010(f). The owner or person having custody of such dog shall confine and shall keep such dog confined for the duration of the deferral. Within 14 days after the expiration of the deferral, the owner or person having custody of such dog shall present to the senior animal control officer or their designee a certificate of vaccination in accordance with the provisions of subsection (d) of this section.

(f)

Subject to the provisions of this section, licenses shall be issued upon payment of the appropriate fees as set forth by resolution of the city council for the following classifications of dog or cat as appropriate:

(1)

License valid for one year from date of issuance for each sterile dog, accompanied by a certificate signed by a veterinarian certifying that said dog is permanently unable to reproduce.

(2)

License valid for one year from date of issuance, for each dog to which the provisions of subsections 8.02.010(f)(1) and (7) of this chapter are not applicable. Except for animals owned by recognized dog or cat breeders, as defined by the City of Perris' policy.

(3)

License valid for two years from date of issuance for each sterile dog, accompanied by a certificate signed by a veterinarian certifying that said dog is permanently unable to reproduce.

(4)

License valid for two years from date of issuance for each dog to which the provisions of subsections

Except for animals owned by recognized dog or cat

breeders, as defined by the City of Perris policy.

(5)

License valid for three years from date of issuance for each sterile dog, accompanied by a certificate signed by a veterinarian certifying that said dog is permanently unable to reproduce.

(6)

License valid for three years from the date of issuance for each dog to which the provisions of subsections 8.02.010(f)(5) and (9) of this chapter are not applicable. Except for animals owned by recognized dog or cat breeders, as defined by the City of Perris policy.

(7)

License valid for one year from the date of issuance for each sterile dog, which is owned by a person 60 years of age or older, and is accompanied by a certificate signed by a veterinarian certifying that said dog is permanently unable to reproduce.

(8)

License valid for two years from the date of issuance for each sterile dog, which is owned by a person 60 years of age or older, and is accompanied by a certificate signed by a veterinarian certifying that said dog is permanently unable to reproduce.

(9)

License valid for three years from the date of issuance for each sterile dog, which is owned by a person 60 years of age or older, and is accompanied by a certificate signed by a veterinarian certifying that said dog is permanently unable to reproduce.

(10)

Dangerous animal registration as required by this chapter.

(g)

No fee shall be required for a license for any assistance dog such as a guide dog, signal dog, or service dog as defined in California Food and Agriculture Code, Section 30850(a), if such dog is in the possession and under the control of, in the case of a guide dog, a blind person, or in the case of a signal dog, a deaf or hearing-impaired person, or in the case of a service dog, a physically disabled person, or where such dog is in the possession and under the control of a bona fide organization having as its primary purpose the furnishing and training of guide dogs for the blind, signal dogs for the deaf or hearing-impaired, or service dogs for the physically disabled. However this provision does not remove the owner's responsibility to vaccinate the dogs against rabies and attach a current license tag to the dog's collar. Whenever a person applies for an assistance dog identification tag, the person shall sign an affidavit as defined in California Food and Agriculture Code, Section 30850(b).

(h)

No fee shall be required for a license for any dog owned by a public entity.

(i)

Each license specified in this section shall be valid for the period specified in this section and shall be renewed within 30 days after such period terminates, except where the current vaccination for the dog which is the subject of the license shall expire prior to the expiration date of the license being applied for, the senior animal control officer or their designee may upon request of the owner or custodian of such dog, backdate such license so that its expiration date occurs concurrent with or prior to the expiration date of the vaccination; provided, however, that where such backdating is performed, there shall be no reduction or discount of the license fee applicable to the license applied for, and such license shall be renewed within 30 days after the date of its expiration.

(j)

If an application for a license is made more than 30 days after the date a dog license is required under this chapter, the applicant shall pay, in addition to the applicable license fee, a late fee as set forth by resolution of the City of Perris.

(k)

Upon transfer of ownership of any dog validly licensed under this chapter, the new owner shall notify the senior animal control officer or their designee of such transfer within 30 days of such transfer, on a form prescribed by the senior animal control officer or their designee, accompanied by a transfer fee as set forth by resolution of the City of Perris.

(l)

Notwithstanding the provisions of subsection 8.02.010(a), where a person moves into the city from another community who owns a dog which is currently vaccinated against rabies and for which dog a license was issued by such other community, such license shall not be transferrable and the owner shall comply within 30 days of said move to secure a City of Perris license. If an application for a license from the senior animal control officer or their designee is made more than 30 days after such license is required, the applicant shall pay, in addition to the applicable license fee, a late fee as set forth by resolution of the City of Perris.

(m)

If a valid license tag is lost or destroyed, a duplicate thereof may be procured from the senior animal control officer or their designee upon submission to the senior animal control officer or their designee of a statement signed by the owner of the dog containing the date and circumstances of such loss or destruction and the payment of a fee as set forth by resolution of the City of Perris.

(n)

Upon request of the senior animal control officer or their designee, any owner of a dog for which a license is required under the provisions of this chapter shall present to the senior animal control officer or their designee a currently valid certificate of rabies vaccination or license tag.

(o)

It is unlawful for any person to make use of a stolen, counterfeit, or unauthorized license, tag, certificate, or any other document or thing for the purpose of evading the provisions of this chapter.

(p)

The city may impose a higher license fee for animals that have been determined to be dangerous by either the division or the court. The increased license fee shall offset the increased costs of maintaining the records of the animal.

(Ord. No. 1380, § 2, 5-14-2019)

It is unlawful for any person who owns, harbors or keeps any unspayed or unaltered cat four months of age or older within the city to allow or permit such unspayed or unaltered cat to be or remain outdoors.

(Ord. No. 1380, § 2, 5-14-2019)

An owner of a cat may be issued a license and tag for such cat upon presentation to the senior animal control officer or their designee of a certificate of vaccination signed by a veterinarian certifying that such cat has been vaccinated and upon the payment of a license fee as set forth by resolution of the City of Perris. The license shall be valid for the period of immunity as indicated by the certificate of vaccination.

(Ord. No. 1380, § 2, 5-14-2019)

Unless permitted as a kennel it is unlawful for any person to keep within the city, in any private residence or on any other parcel, for a period longer than 30 days, more than:

(1)

Any four dogs, four months of age or older; and

(2)

Any four cats, four months of age or older.

(Ord. No. 1380, § 2, 5-14-2019)

No person owning or having charge, care, custody or control of any dog shall cause or permit, either willfully or through failure to exercise due care or control, any such dog to be upon any:

(1)

Private property unless such dog be restrained thereon by a fence, wall, substantial chain or leash with a minimum of six feet in length, other appropriate physical restraint; however, if the dog is under the charge

of a person competent to exercise care, custody and control over such dog the leash may not exceed six feet in length; or

(2)

Highway, street, alley or other public property unless such dog is restrained by a substantial chain or leash not exceeding six feet in length, and is under the charge of a person competent to exercise care, custody, and control over such dog, unless the owner or operator of such public property grants written permission for such dog to be on such property without such chain or leash.

(Ord. No. 1380, § 2, 5-14-2019)

No owner or person in charge or in control of any dog, except a blind person with a guide dog, shall permit or allow such dog to be within or upon public school property, park property or municipal golf course property, without the dog being on a leash.

(Ord. No. 1380, § 2, 5-14-2019)

Owners and custodians of dogs shall, at all times, take all reasonable precautions to prevent their dogs from biting, attacking or attempting to bite any person or from interfering with the use of public or private property. No person shall own or have custody or control of a dog that commits a violation of this chapter as a result of that person's failure to exercise ordinary care. It is unlawful for any person to fail to comply with this section; however, nothing in this section shall authorize the bringing of a criminal action pursuant to a violation of this section if the bite, attack, attempted bite, injury or threat was sustained by a person who, at the time, was committing a willful trespass upon the premises occupied by the owner or custodian of the dog, or was committing or attempting to commit a crime upon the premises occupied by the owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog or who has, in the past, teased, tormented, abused or assaulted the dog.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

An impounded dog or cat may be redeemed upon payment of the following fees:

(1)

The senior animal control officer or their designee shall charge and collect from each person redeeming an unaltered impounded animal a state mandated unaltered animal fine for the first offense, for the second offense, or for the third offense, plus the actual costs of transporting the animal to impound, the actual costs of veterinary and related services rendered to the animal while impounded, the actual costs of sale incurred, and the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal while impounded. The state mandated unaltered animal fine shall be based on

that amount as established by the state and shall be adjusted on July 1st of each calendar year as appropriate.

(2)

The senior animal control officer or their designee shall charge and collect from each person redeeming an altered impounded animal an impounding fee for the first offense, second offense, or third offense as set forth by the City of Perris, plus the actual costs of transporting the animal to impound, the actual costs of veterinary and related services rendered to the animal while impounded, the actual costs of sale incurred, boarding fees, and the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal while impounded.

(3)

Notwithstanding any other provisions of this chapter, where a sterile dog or sterile cat belonging to a person 60 years of age or older is impounded and the owner produces a certificate, signed by a veterinarian that such animal is permanently unable to reproduce, the base impoundment fee for such animal shall be 50 percent of the applicable impoundment fee specified in this chapter plus boarding fees.

(4)

A processing fee as set forth by the City of Perris will be added to all payment plans.

(b)

The fee for destruction and disposal of any dog, cat, or small animal in accordance with any provision of this chapter shall be set forth by the City of Perris.

(c)

Any dog, four months of age or older, which has been impounded shall not be released from impoundment unless it is licensed in accordance with the provisions of this chapter.

(d)

An officer acting under the provisions of this chapter who impounds a dog or cat pursuant to section

receipt requested to the identified address on the animal or the last known owner address provided in city records, if the dog or cat is: (1) wearing a City of Perris dog or cat license tag, (2) wearing any other identification tag containing an address, or (3) microchipped. If such dog, cat, or other animal is not redeemed within ten calendar days from the date of the mailing of such notice, the officer having custody of the dog or cat shall dispose of it in accordance with the provisions of section 8.01.170, or shall humanely destroy such dog or cat.

(e)

Upon impounding a stray dog or cat, the holding period for such stray dog or cat shall be in accordance with state law, as appearing in California Food and Agricultural Code sections 31108 and 31752 or other such applicable state law, as amended from time to time.

(f)

The officer having custody of any impounded dog, cat, or other animal may, by humane methods, summarily destroy such dog, cat, or other animal if:

(1)

The animal is suffering from any incurable, dangerous, or contagious disease, provided a veterinarian shall certify, in writing, that such animal is so suffering; or, in the officer's best judgment it would be inhumane and cause needless suffering to prolong the life of the animal in order to see a veterinarian; or

(2)

It is an unlicensed vicious dog, cat, or other animal.

(g)

Any officer having in their custody any unredeemed, impounded dog or cat may release such dog or cat to any adult individual upon payment by that individual of the impound fees and charges specified in subsection (a) of this section, or to a nonprofit corporation formed under the provisions of the California Corporations Code commencing with Section 10400 for the prevention of cruelty to animals or to a nonprofit organization formed under the laws of the State of California for the prevention of cruelty to animals, for such sale or placement as such nonprofit corporation or nonprofit organization may choose. Releases of dogs or cats to such nonprofit corporations or nonprofit organizations pursuant to subsection 8.02.080(g) shall not be subject to the payment of the impound fees and charges specified in subsection 8.02.080(a).

(h)

It is unlawful for any person to remove an impounded animal from an animal control center without the permission of the officer in charge thereof.

(i)

Animal control officers choosing to return an impounded animal to the owner, in the field, may collect a field return impound fee as set forth by the City of Perris.

(j)

Animal control officers picking up owned animals at the request of the owner or custodian of the animal shall collect a pick up fee as set forth by the City of Perris from the owner or custodian of the animal.

(k)

Animal control officers investigating and authorizing a home quarantine shall collect a home quarantine fee as set forth by the City of Perris from the owner or custodian of the animal.

(l)

Animal control officers providing assistance with trap service, for owned feral animals or nuisance wildlife that are not considered a public health risk, shall collect a service fee as set forth by the City of Perris for the first five days and an additional fee as set forth by the City of Perris per day for each additional day after the fifth day. A fee as set forth by the City of Perris shall be charged for traps which are lost or destroyed.

(m)

Owners of animals impounded for quarantine at a city facility shall be charged a quarantine fee as set forth by the City of Perris per day in addition to the regular daily boarding fee.

(n)

The hourly rate for the recovery of administrative costs associated with the recoupment of enforcement costs, as provided in this chapter, shall be the fully burdened hourly rate as established by the City of Perris.

(o)

The fee for a micro-chip identification device shall be as set forth by the City of Perris per animal.

(p)

For personnel after-hours charge-one and one half the fully burdened hourly rate as set forth by the City of Perris. This personnel after-hours charge for the taking up of animals after normal business hours shall be in addition to any other applicable fees set forth in this chapter.

(q)

The fee for adopting any unredeemed, impounded dog or cat is a flat-rate fee that includes vaccinations, deworming, spaying or neutering, and adoption charges. The adoption fee shall be as established by the City of Perris for any cat or dog. For senior citizens 60 years of age or older, the adoption fee shall be one- half the adoption fee as established by the City of Perris for any cat or dog. To eliminate the euthanasia of adoptable dogs and cats, the senior animal control officer or their designee shall have the discretion to decrease or entirely waive the adoption fees for last-chance-adoptions, which are adoptions of urgent animals scheduled for euthanasia. The senior animal control officer or their designee shall have the discretion to decrease the adoption fees of animals adopted at a special event promoting the adoption of impounded animals, to one-third the adoption fee as set forth by the City of Perris for any cat or dog. The senior animal control officer or their designee or his designee shall also have the discretion to waive 25 percent of the flat-rate adoption fee if the animal is adopted by the foster care provider currently providing care for the animal or an employee of the City of Perris.

(r)

For animals turned in at shelters, the owner turn-in fee shall be charged as set forth by the County of Riverside, Department of Animal Services.

(s)

Animals impounded at either a city or county facility shall be charged a boarding fee.

(t)

The senior animal control officer or their designee shall charge and collect from each person the veterinarian and staff rates for the treatment of animals, as set forth by County of Riverside, Department of Animal Services. The senior animal control officer or their designee shall also charge and collect any additional costs for veterinary and related services rendered to the animal and the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

Because of the increased urbanization of City of Perris, the City has experienced increasing numbers of residents with dogs.

(b)

In an attempt to bring this problem under control, it is necessary to: (1) increase the total number of animals which are licensed and thus properly established to have been vaccinated against rabies; (2) encourage the spaying and neutering of animals, which (a) reduces the number of strays at large and not safely confined, (b) reduce aggressiveness and animals at large, and (c) reduces the financial cost to taxpayers of animal control services; and (3) establish a warning and hearing procedure to put the owners of potentially dangerous, dangerous dogs and other animals on adequate notice to control such animals and to bring about the confinement of such animals and the destruction of those animals where other lesser measures have failed or are inappropriate.

(Ord. No. 1380, § 2, 5-14-2019)

Requirement. No person may own, keep, or harbor an unaltered or unspayed dog or cat over the age of 12 months in violation of this section. An owner or custodian of an unaltered dog must have the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered dog license in accordance with this chapter. An owner or custodian of an unaltered cat must have the animal spayed or neutered, or provide a certificate of sterility.

Exemptions. This section shall not apply to any of the following:

A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California Licensed Veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than 30 days, the owner or custodian must apply for an unaltered dog license;

A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California Licensed Veterinarian. If the cat is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation;

Animals owned by recognized dog or cat breeders, as defined by animal control division policy;

Animals recognized and registered with the American Kennel Club (AKC), United Kennel Club (UKC), or other national registry and that are actively engaged in professional, sanctioned shows or competitions, upon reasonable proof submitted to the senior animal control officer or their designee;

Dogs which are used in the performance of search and rescue operations, military service dogs, and police dogs.

(Ord. No. 1380, § 2, 5-14-2019)

The division may deny or revoke an unaltered dog license for one or more of the following reasons:

The owner, custodian, applicant or licensee is not in compliance with all of the requirements of this section;

The division has received at least three complaints, verified by the division, that the owner, custodian, applicant, or licensee has allowed a dog to be stray or run at large or has otherwise been found to be neglectful of his or her or other animals;

The owner, custodian, applicant, or licensee has been previously cited for violating a state law, city code, or other municipal provision relating to the care and control of animals;

The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous, dangerous, or vicious, or to be a nuisance within the meaning of the City of Perris Ordinances or under state law;

Any unaltered dog license held by the applicant has previously been revoked;

The license application is discovered to contain a material misrepresentation or omission of fact.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

When an unaltered dog license is denied, the applicant may re-apply for a license upon changed circumstances and a showing that the requirements of this chapter have been met. The division shall refund one-half of the license fee when the application is denied. The applicant shall pay the full fee upon re-application.

(b)

When an unaltered dog license is revoked, the owner or custodian of the dog may apply for a new license after a 30 day waiting period and upon showing that the requirements of this chapter have been met. No part of an unaltered dog license fee is refundable when a license is revoked and the applicant shall pay the full fee upon re-application.

(Ord. No. 1380, § 2, 5-14-2019)

[a]

In the event that the animal control division proposes to deny or revoke an unaltered dog license, the owner or custodian shall have the right to an administrative hearing regarding the matter as set forth herein. Notice of intent to deny or revoke. The division shall mail to the owner, custodian, licensee, or applicant a written notice of its intent to deny or revoke the license for an unaltered dog, which shall include the reason(s) for the denial or revocation. The owner, custodian, licensee, or applicant may request a hearing to appeal the denial or revocation. The request must be made in writing within ten days after the notice of intent to deny or revoke is mailed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denial or revocation.

[1]

Hearing officer. The hearing shall be conducted by the senior animal control officer or their designee.

[2]

Notice and conduct of hearing. The division shall mail a written notice of the date, time, and place for the hearing not less than ten days before the hearing date. The hearing date shall be no more than 30 days after the division's receipt of the request for a hearing. The hearing will be informal and the California Rules of Evidence will not be strictly observed. The division shall mail a written decision to the owner or custodian within ten days after the hearing. The decision of the hearing officer shall be the final administrative decision.

(b)

Change in location of dog. If the dog is moved after the division has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license, the owner, custodian, licensee, or applicant must provide the division with information as to the dog's whereabouts, including the current owner or custodian's full name, address, and telephone number.

(Ord. No. 1380, § 2, 5-14-2019)

Offer for sale or transfer of unaltered dog. An owner or custodian who offers any unaltered dog for sale, trade, or adoption must include a valid unaltered dog license number with the offer of sale, trade, or adoption, or otherwise state and establish compliance with this section. The unaltered license and microchip numbers must appear on a document transferring the animal to the new owner.

Offer for sale or transfer of unaltered cat. An owner or custodian of an unaltered cat must notify the division of the name and address of the transferee within ten days after the transfer. The microchip numbers must appear on a document transferring the animal to the new owner.

(Ord. No. 1380, § 2, 5-14-2019)

The penalties for failure to spay or neuter a dog or cat shall be enforced as set forth below:

An administrative citation, infraction, or other such authorized penalty may be issued to an owner or custodian of an unaltered dog or cat for a violation of this section only when the owner or custodian is concurrently cited for another violation under State or local law pertaining to the obligations of a person owning or possessing a dog or cat. Examples of such State law or local ordinance violations include, but are not limited to, the following: failure to possess a current canine rabies vaccination of the subject dog; dog or cat at large; failure to license a dog; leash law violations; kennel or cattery permit violations; tethering violations; unhealthy or unsanitary conditions; failure to provide adequate care for the subject dog or cat in violation of the Penal Code; rabies quarantine violations for the subject dog; operating a business without a license and/or lack of State Tax ID Number; fighting dog activity in violation of Penal Code section 597.5; animals left unattended in motor vehicles; potentially dangerous, dangerous, or vicious animals; and noisy animals.

Should the owner or custodian of an unaltered dog or cat be found in violation of a state or local law, as stated above the owner or custodian shall be required to spay or neuter the unaltered animal in accordance with this section.

(Ord. No. 1380, § 2, 5-14-2019)

When an unaltered dog or cat is impounded pursuant to state and/or local law, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to this chapter, the owner or custodian shall also do one of the following:

(1)

Provide written proof of the dog's or cat's prior sterilization, if conditions cannot or do not make this assessment obvious to division personnel;

(2)

Have the dog or cat spayed or neutered by a division veterinarian at the expense of the owner or custodian. Such expense may include additional fees due to extraordinary care required;

(3)

Have the dog or cat spayed or neutered by another California Licensed Veterinarian. The owner or custodian may arrange for another California Licensed Veterinarian to spay or neuter the animal, and shall pay to the division the cost to deliver said animal to the chosen veterinarian. The cost to deliver the animal

shall be based on the division's hourly rate established by the auditor-controller. The veterinarian shall complete and return to the division within ten days a statement confirming that the dog or cat has been spayed or neutered or is, in fact, incapable of breeding and shall release the dog or cat to the owner or custodian only after the spay or neuter procedure is complete;

(4)

At the discretion of the senior animal control officer or their designee, the dog or cat may be released to the owner or custodian if he or she signs a statement, under penalty of perjury, representing that the dog or cat will be spayed or neutered and that he or she will submit a statement within ten days of the release, signed by the veterinarian, confirming that the dog or cat has been spayed or neutered or is incapable of breeding; or

(5)

If the owner or custodian demonstrates compliance with this section, then their animal will be returned to them.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

The owner or custodian of the unaltered dog or cat shall be responsible for the costs of impoundment, which shall include daily board costs, vaccination/medication, and any other diagnostic or therapeutic applications as provided in this chapter.

(b)

The costs of impoundment shall be a lien on the dog or cat, and the unaltered animal shall not be returned to its owner or custodian until the costs are paid. If the owner or custodian of an impounded unaltered animal does not pay the lien against it in full within 14 days, the animal shall be deemed abandoned to the division in accordance with this chapter.

(Ord. No. 1380, § 2, 5-14-2019)

All costs and fines collected under this Title and the fees collected under this section, subsection 8.02.190(f) shall be paid to the division for the purpose of defraying the cost of the implementation and enforcement of this program.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

All dogs and cats over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the division, and shall notify the division of any change of ownership of the dog or cat, or any change of address or telephone number. Nothing in this section supersedes, eliminates, or alters the requirements of sections 8.02.020, 8.02.050, and any other licensing requirements of this chapter.

(b)

Exemptions. The mandatory microchipping requirements shall not apply to any of the following:

(1)

A dog or cat with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of that fact from a California Licensed Veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation.

(2)

A dog or cat which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or custodian must obtain written confirmation of that fact from a California Licensed Veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation.

(3)

A dog or cat that is kenneled or trained in City of Perris, but is owned by an individual that does not reside in City of Perris. The owner or custodian must keep and maintain the animal in accordance with the applicable laws and ordinances of the jurisdiction in which the owner or custodian of the animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction.

(c)

Transfer or sale of dogs and cats.

(1)

An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade, or adoption. The license and microchip numbers must appear on a document transferring the dog to the new owner. The owner or custodian shall also advise the division of the name and address of the new owner or custodian in accordance with subsection 8.02.190(a). An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption and fails to provide the division with the name and address of the new owner is in violation of this chapter and shall be subject to the penalties set forth herein.

(2)

An owner or custodian who offers any cat, over the age of four (4) months, for sale, trade, or adoption must provide the microchip identification number with the offer of sale, trade, or adoption. The microchip numbers must appear on a document transferring the cat to the new owner. The owner or custodian shall also advise the division of the name and address of the new owner or custodian in accordance with subsection 8.02.190(a). An owner or custodian who offers any cat over the age of four months for sale, trade, or adoption and fails to provide the division with the name and address of the new owner is in violation of this chapter and shall be subject to the penalties set forth herein.

(3)

When a puppy or kitten under the age of four months, which is implanted with microchip identification, is sold or otherwise transferred to another person, the owner or custodian shall advise the division of the name and address of the new owner or custodian, and the microchip number of the puppy or kitten within ten days after the transfer. If it is discovered that an owner or custodian has failed to provide the division with the name and address of the new owner and the microchip number of the puppy or kitten, the owner or custodian shall be subject to the penalties set forth in this chapter.

(d)

When an impounded dog or cat is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to this chapter, the owner or custodian shall also do one of the following:

(1)

Have the dog or cat implanted with a division microchip by a department registered veterinarian technician, veterinarian, or other designated personnel at the expense of the owner or custodian;

(2)

Have the dog or cat implanted with a division approved microchip by a California Licensed Veterinarian. The owner or custodian may arrange for another California Licensed Veterinarian to perform the implant, and shall pay to the division the cost to deliver the dog or cat to the chosen veterinarian. The cost to deliver the dog or cat shall be based on the division's hourly rate established by the City of Perris Auditor- Controller. The veterinarian shall complete and return to the division within ten days, a statement confirming that the microchip has been implanted, provide the division with the number and shall release the dog or cat to the owner or custodian only after the procedure is complete; or

(3)

At the discretion of the senior animal control officer or their designee, the dog or cat may be released to the owner or custodian if he or she signs a statement under penalty of perjury representing that the dog or cat will be implanted with a microchip and that he or she will submit a statement within ten days of the release, signed by a California Licensed Veterinarian, confirming that the dog or cat has been so implanted and provide the microchip number to the division or allow the division to scan the dog or cat for the microchip to verify.

(e)

Fees for microchip identification device. The fee for an identifying microchip device shall be included in the cost of adoption when adopting a dog or cat from a City of Perris animal shelter. The fee for an identifying microchip device shall be the amount set forth per animal by the City of Perris for all other animals. If an animal has already been implanted with an identifying microchip device by some other facility, there will be no fee to have the identification microchip number entered into the division's registry as required by subsection 8.02.190(a).

(f)

Allocation of fees and fines collected. All costs, fees, and fines collected under this section shall be paid to the division for the purpose of defraying the cost of the implementation and enforcement of this program and for low cost microchipping programs administered by the division.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

Authority for clinics. The senior animal control officer or their designee is authorized and directed to establish clinics at which members of the public who are residents of City of Perris may have dogs and cats spayed or neutered in a humane manner. Fees for services provided by such clinics shall be determined in a minimum amount, to offset costs of operation of such clinics and shall be consistent with the intent of this chapter for providing low-cost, nonprofit public spay and neuter services. Fees shall be established by the city council.

(b)

Persons submitting a dog or cat for the above service shall sign a consent form under penalty of perjury certifying thereon that they are the owner of the animal or are otherwise authorized to present the animal for the above operation and such persons may be required to furnish proof of such ownership or authority. Such consent shall contain a waiver of any and all liability of the city, the Animal control division, and any other city employees for any injury or death to an animal arising out of the aforementioned operation or any services provided incidental thereto.

(c)

The division shall establish a return date by which persons submitting animals for the above operation shall pick-up said animals or be subject to reasonable board care fees to commence the day after such return date. Failure to pick up an animal within 15 days of the return date shall be deemed abandonment of the animal and the animal control officer may dispose of it by sale or destruction.

(Ord. No. 1380, § 2, 5-14-2019)

It is unlawful for any person to set or maintain an operating trap for a cat unless a sign is posted on the property stating that such a trap is in use on the property. The sign shall be clearly visible from the road serving the property on which the trap is set or maintained and shall remain posted and visible at all times

while the trap is in use. Trapping shall not continue for more than ten days in a 30 day period unless specifically authorized by the senior animal control officer or their designee. If a person maintaining a trap should trap a lactating female cat, the person shall immediately release the cat thereby eliminating the chance of removing a cat that may be nursing kittens. This section shall not apply when the trap is being used for rabies control as determined in writing by the senior animal control officer or their designee.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

If it shall appear to the senior animal control officer or their designee that any animal has rabies, the senior animal control officer or their designee may destroy such animal forthwith, or may hold such animal for further examination or observation for such time as the senior animal control officer or their designee may determine to be appropriate.

(b)

Whenever any animal has been bitten by an animal which has rabies, which exhibits any symptoms of rabies, or which is otherwise suspected of having or having been exposed to rabies, the owner or person having custody of such bitten animal shall immediately notify the senior animal control officer or their designee, and shall immediately confine the animal and maintain that confinement until it is established, to the satisfaction of the senior animal control officer or their designee, that such animal does not have rabies. The senior animal control officer or their designee shall have the power to quarantine any such animal, or impound it at the owner's expense if the owner or person having custody of such animal shall fail, refuse, or is unable, in the opinion of the senior animal control officer or their designee, to adequately confine such animal immediately, or in the event the owner or person having custody of such animal is not readily accessible.

(c)

Whenever it is shown that any animal has bitten any person, the owner or person having custody of such animal shall, upon the order of the senior animal control officer or their designee, quarantine such animal and keep it confined at the owner's expense for a minimum period of ten days for dogs and cats and 14 days for all other animals, and shall allow the senior animal control officer or their designee to make an inspection or examination of such animal at any time during such period of quarantine. Animals quarantined pursuant to subsection 8.02.220(c) shall not be removed from the premises upon which such animal is quarantined without permission of the senior animal control officer or their designee. The senior animal control officer or their designee is hereby authorized to impound any animal at the owner's expense in the event the owner or person having custody of such animal fails or refuses to so confine such animal. Animals quarantined pursuant to subsection 8.02.220(c) shall remain under quarantine until notice is given by the senior animal control officer or their designee that such quarantine is terminated.

(d)

The senior animal control officer or their designee may, at their discretion, post or cause to be posted an appropriate sign on any premises where an animal is quarantined pursuant to this chapter for the purpose

of warning the public of the fact of such quarantine. It shall be unlawful for any person to remove a sign posted pursuant to this subsection without the permission of the senior animal control officer or their designee.

(e)

Whenever the senior animal control officer or their designee shall determine that an epidemic of rabies exists or is threatened, the senior animal control officer or their designee shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including but not limited to the declaration of quarantine against any or all animals in any area of the city as the senior animal control officer or their designee may determine and define, for a period of not more than 120 days. An additional or extended quarantine period may also be declared if such additional or extended quarantine period shall be deemed necessary by the senior animal control officer or their designee for the protection and preservation of the public health, peace and safety. Any quarantine declared pursuant to this subsection, other than as restricted herein, shall be upon such conditions as the senior animal control officer or their designee may determine and declare.

(f)

No person shall bring any animal into the City of Perris from any other city, county, community, jurisdiction in which a reported case of rabies exists or has existed within the past six months.

(g)

In order to protect the public health from the hazard of rabies which has been found to exist in skunks, a quarantine is imposed to continue until released by the senior animal control officer or their designee, whereby it is prohibited to trap or capture skunks for pets; to trap, capture, or hold skunks in captivity for any reason; to transport skunks from or into the city except pursuant to a permit issued by the California Department of Health Services pursuant to Title 17, California Administrative Code, Section 2606.8.

(h)

Any exotic or hybrid animal shall be vaccinated and/or quarantined pursuant to state law.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

Any person, who within the City of Perris, or any business entity, or other organization located in or doing business in the City of Perris, which advertises or offers in any manner, puppies or dogs for sale, trade, barter or to be given away for free, must display in such advertisements, announcement, or flyer the following information:

(1)

The license number and name of the licensing agency of each of the mother animals any of whose offspring are so offered (in the case of puppies under four months of age);

(2)

The license number and name of licensing agency of each of the dogs (in the case of animals four months of age or more);

(3)

The kennel permit number and name of the permitting agency of the owner of each of the mother animals any of whose offspring are so offered (in the case of puppies under four months of age); and/or

(4)

The kennel permit number and name of the permitting agency of the owner of each of the dogs so offered (in the case of animals four months of age or more).

(b)

This section shall not apply to public animal shelters or nonprofit humane societies which are in compliance with Food and Agricultural Code sections 30503 and 31751, nor shall it apply to persons who relinquish animals to such shelters or societies.

(c)

Violators subject to citation are to be furnished with a list of low-cost or no-cost spay and neuter resources.

(d)

It is unlawful for any person to make use of a stolen, counterfeit or unauthorized license, tag, certificate or any other document or thing for the purpose of evading the provisions of this section.

(Ord. No. 1380, § 2, 5-14-2019)

No person shall, in the City of Perris, offer for sale or sell or give away or transfer for adoption any dog, puppy, cat, or kitten on any public street, public sidewalk, or public park.

(Ord. No. 1380, § 2, 5-14-2019)

consent.

No person shall offer for sale or sell or give away or transfer for adoption any dog, puppy, cat, or kitten on any private property without the property owner's written consent. Said written consent shall be in the possession of the person at all times while on the private property. This section shall not apply to any person who is also the legal owner or legally in possession of the real property on which the act is occurring.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

The senior animal control officer or their designee shall supervise the administration and enforcement of this chapter and of the laws of the State of California pertaining to the control of dogs and shall have charge of animal control center employees and facilities.

(b)

The city council may enter into a written agreement or agreements with any veterinarian, organized humane society, association, person, corporation, or organization which will undertake to carry out the provisions of this chapter and maintain and operate a shelter, and which will license, take up, impound, and dispose of animals. Any such veterinarian or society or association which shall enter into such an agreement shall carry out all 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, employee, or person empowered to enforce the provisions of this chapter while such officer, employee, or person is engaged in the performance of his or her duties as provided in this chapter.

(d)

Nothing in this chapter shall prevent the senior animal control officer or their designee from acting, when he or she deems it appropriate to do so, under the applicable provisions of California Penal Code, Section 597, et seq.

(Ord. No. 1380, § 2, 5-14-2019)

In addition to the remedies and penalties contained in this chapter, any person violating any provision of city animal control ordinances shall be guilty of an infraction, unless otherwise stated in such city animal control ordinances, and upon conviction thereof shall be punished by (1) a fine not exceeding $50.00 for the first violation; (2) a fine not exceeding $100.00 for the second violation within one year; and (3) a fine not exceeding $250.00 for each additional violation within one year. Each day a violation is committed or permitted to continue shall constitute a separate offense.

(1)

Persons receiving a citation for any infraction resulting from a violation of this chapter, may choose to clear the citation within ten days, thereby avoiding a visit to court and a potentially higher court fine, by demonstrating their compliance to the senior animal control officer or their designee through their written, signed agreement and paying an administrative fee of $60.00 to the division.

(2)

Persons who violate a home quarantine, fail to produce an animal for quarantine upon demand, or in any other way interfere with rabies investigation, shall be guilty of a misdemeanor, pursuant to Section 121710 of the California Health and Safety Code and Section 9701 of the California Food and Agriculture Code,

which is punishable by imprisonment in the city jail for a period not to exceed one year, or by a fine of not less than $100.00, nor more than $1,000.00 per day of violation, or both fine and imprisonment.

(3)

Persons receiving a citation for violation of a home quarantine, may choose to clear the citation and avoid arrest and appearance in court by demonstrating to the senior animal control officer or their designee, in writing, their intent to comply with the order and by paying an administrative fee of $50.00 to the division.

(Ord. No. 1380, § 2, 5-14-2019)

In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code section 53069.4, an administrative citation may be issued for any violation of city animal control ordinances. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.

(1)

Notice of violation. If an animal is owned, kept, maintained, or found to be in violation of city animal control ordinance, an administrative citation may be issued by the animal control officer. An administrative citation will not be issued for violation of section 8.02.050 (mandatory licensing of kennels and catteries) prior to a written notice of violation being issued.

(2)

Content of citation. The administrative citation shall be issued on a form approved by the city attorney and shall contain the following information:

a.

Date, location and approximate time that the violation was observed;

b.

The ordinance violated and a brief description of the violation;

c.

The amount of the administrative penalty imposed for the violation;

d.

Instructions for payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty within this time period;

e.

Instructions on how to appeal the citation;

f.

The signature of the animal control officer.

Failure of the citation to set forth all required contents shall not affect the validity of the proceedings.

(3)

Service of citation.

a.

If the person who has violated the city animal control ordinance is present at the scene of the violation, the animal control officer shall attempt to obtain his or her signature on the administrative citation and shall deliver a copy of the administrative citation to him.

b.

If the owner, occupant, or other person who has violated the city animal control ordinance is a business, and the business owner is on the premises, the animal control officer shall attempt to deliver the administrative citation to him or her. If the animal control officer is unable to serve the business owner on the premises, the administrative citation may be left with the manager or employee of the business. If left with the manager or employee of the business, a copy of the administrative citation shall also be mailed to the business owner by certified mail, return receipt requested.

c.

If no one can be located at the property where the violation occurred, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy mailed by certified mail, return receipt requested to the owner, occupant or other person who has violated this chapter. The citation shall be mailed to the property address and/or the address listed for the owner on the last city equalized assessment roll. The citation shall also be mailed to any additional address for the owner in division records.

d.

The failure of any interested person to receive the citation shall not affect the validity of the proceedings.

(4)

Administrative penalties.

a.

The penalties assessed for each violation of a city animal control ordinance shall not exceed those amounts as set forth by the City of Perris for a first violation, second violation of the same administrative abatement order within one year; or for each additional violation of the administrative abatement order within one year.

b.

If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified above.

c.

Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.

d.

The penalties assessed shall be payable to the City of Perris.

e.

Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.

(5)

Administrative appeal of administrative citation.

a.

Notice of appeal. The recipient of an administrative citation may appeal the citation by filing a written notice of appeal with the division. The written notice of appeal must be filed within ten days of the service of the administrative citation as set forth in subsection 8.02.280(3) above. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The notice of appeal shall be submitted on city forms and shall contain the following information:

i.

A brief statement setting forth the appellant's interest in the proceedings;

ii.

A brief statement of the material facts which the appellant claims supports his or her contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted;

iii.

An address at which the appellant agrees to notice of any additional proceeding or an order relating to the administrative penalty may be received by mail;

vi.

The notice of appeal must be signed by the appellant.

b.

Administrative hearing. Upon a timely written request by the recipient of an administrative citation, an administrative hearing shall be held as follows:

i.

Notice of hearing. Notice of the administrative hearing regarding the administrative citation shall be given at least ten days before the hearing to the person requesting the hearing. The notice may be personally delivered to the person requesting the hearing or may be mailed to the address listed in the notice of appeal.

ii.

Hearing officer. The administrative hearing regarding the administrative citation shall be held before the city's designated hearing officer. The hearing officer shall not be the investigating animal control officer who issued the administrative citation or his or her immediate supervisor. The city may, at its sole discretion, contract with a qualified provider to conduct the administrative hearings or to process administrative citations.

iii.

Conduct of the hearing. The investigating animal control officer who issued the administrative citation shall not be required to participate in the administrative hearing regarding the citation. The contents of the investigating animal control officer's file shall be admitted as prima facie evidence of the facts stated therein. The hearing officer shall not be limited by the technical rules of evidence. If the person requesting the appeal of the administrative citation fails to appear at the administrative hearing, the hearing officer shall make his or her determination based on the information contained in the notice of appeal.

vi.

Hearing officer's decision. The hearing officer's decision regarding the administrative citation following the administrative hearing may be personally delivered to the person requesting the hearing or sent by mail. The hearing officer may allow payment of the administrative penalty in installments, if the person provides evidence satisfactory to the hearing officer of an inability to pay the penalty in full at one time. The hearing officer's decision shall contain instructions for obtaining review of the decision by the superior court.

(6)

Review of administrative hearing officer's decision. If the recipient of an administrative citation disagrees with the administrative hearing officer's decision upholding the issuance of the administrative citation and/or administrative penalty amount assessed, the recipient may appeal the issuance of the administrative citation to the city manager or his or her designee as set forth in this section.

a.

Notice of appeal. Within 20 days of the delivery and mailing of the hearing officer's decision regarding the administrative citation, the recipient of the administrative citation may contest that decision by filing an appeal to be heard by the city manager. The fee for filing the notice of appeal shall be as set forth by the city per their fee resolution. The failure to file the written appeal and to pay the filing fee within this 20 day

period shall constitute a waiver of the right to an appeal and the decision shall be deemed final. A copy of the notice of appeal shall be forwarded to the animal control division upon receipt by the city manager's office.

b.

The city manager or his or her designee shall notify the appealing party of the date, time and location of the review hearing. At the hearing, the appealing party shall be allowed to present only those facts, witnesses or evidence that were originally presented during the initial hearing.

c.

The city manager or designee shall consider all of the facts, evidence and witness testimony and shall render a decision in writing to the appealing party within 30 days from the review hearing. The decision of the city manager or designee shall be final.

(Ord. No. 1380, § 2, 5-14-2019)

The intent of this section is to authorize the recoupment of administrative costs reasonably related to the enforcement of this chapter. In furtherance of this intent the city shall be entitled to recover costs of enforcement, including costs of staff time, by complying with the following procedure:

(1)

Records of costs. The division of animal services shall maintain records of all administrative costs, incurred by the division and all other responsible city departments, in the processing of the violation or violations and the enforcement of this chapter and other applicable ordinances and may recover such costs from the violator and/or property owner or property occupier as provided in this chapter.

(2)

Notice. Upon investigation and determination that a violation of any of the provisions of this chapter or other related city ordinances is found to exist, the animal control division and/or other city department(s) shall notify the violator and/or record owner of the property, or any person having possession or control of the subject property, by mail of the existence of the violation, of the division's intent to charge the violator and/or property owner and/or person having possession or control of the property for all administrative costs associated with enforcement, and of the respondent's right to a hearing on objections thereto. The notice shall be in substantially the following form:

NOTICE

The Animal Control Division and/or Department of _______ has/have determined that conditions exist at the property located at _______ which violate Section(s)_______ of the City of Perris Ordinance No(s). _______ to wit: _____

---

---

---

Notice is hereby given that at the conclusion of this case you will receive a summary of administrative costs associated with the processing of such violation(s), at an hourly rate as established and adjusted from time to time by the City Council. The hourly rate presently in effect is ____________ per hour of staff time. You will have the right to object to these charges by filing a Request for Hearing with the Animal Control Division within ten days of service of the Summary of Charges.

(3)

Summary of costs. At the conclusion of the case, the Animal Control Division shall send a summary of costs associated with enforcement to the violator and/or owner of the property and/or person having possession or control of the subject property by certified mail. The summary shall include a notice in substantially the following form:

NOTICE

If you object to these charges, you must file a Request for Hearing on the enclosed Form within ten (10) days of the date of this notice.

IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR RIGHT TO OBJECT WILL BE WAIVED AND YOU WILL BE LIABLE TO THE CITY OF PERRIS FOR THESE CHARGES, TO BE RECOVERED IN A CIVIL ACTION IN THE NAME OF THE CITY, IN ANY COURT OF COMPETENT JURISDICTION WITHIN THE CITY.

Dated: _______ ;bb3; Animal Control Division

(4)

Right to hearing. Any violator or property owner, or other person having possession and control of the property, who receives a summary of costs under this section shall have the right to a hearing before the senior animal control officer or their designee on his or her objections to the proposed costs in accordance with the procedures set forth herein.

(5)

Request for hearing. A request for hearing shall be filed with the division within ten days of the service by mail of the division summary of costs, on a form provided by the division. Within ten days of the filing of the request, and on ten days' written notice to the violator and/or owner, the senior animal control officer or their designee shall hold a hearing on the violator and/or owner's objections, and shall determine the validity thereof.

(6)

Recovery of costs. In the event that: (a) no request for hearing is timely filed; or (b) after a hearing the senior animal control officer or their designee affirms the validity of the costs; the violator, the property owner or the person in control and possession of the property shall be liable to the city in the amount stated in the summary of costs or any lesser amount as determined by the senior animal control officer or their designee.

These costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction within the County of Riverside.

(7)

Senior animal control officer or their designee's decision. In determining the validity of the costs, the senior animal control officer or their designee shall consider whether the total costs as charged have been fairly and accurately calculated. Factors to be considered include whether the time and personnel spent in enforcement were reasonably necessary to bring about compliance and whether the rate charged is the current rate established by the city.

(8)

Appeal. The decision of the senior animal control officer or their designee may be appealed by filing a written notice of appeal with the city clerk within ten days after service by mail on the violator, property owner, or other person having possession and control of the property, of the decision of the senior animal control officer or their designee. The appeal shall be heard by the city council which may affirm, amend or reverse the decision and may take any other action deemed appropriate. The division shall give written notice of the time and the place of the hearing to appellant. In conducting the hearing, the city council shall not be limited by the technical rules of evidence.

(Ord. No. 1380, § 2, 5-14-2019)

(a)

The possession or maintenance of any dog, cat or other identified animal or the allowing of any dog, cat or other identified animal to be in violation of this chapter, or any other city ordinance or state law, is declared to be a public nuisance. The senior animal control officer or their designee and any City of Perris peace officer are directed and empowered to abate any such public nuisance independently of any criminal prosecution or the results thereof, by any means reasonably necessary to accomplish the abatement including, but not limited to, the destruction of the dog, cat or other identified animal involved, or by the imposition of specific reasonable conditions and restrictions for the maintenance of such dog, cat or other identified animal. Failure to comply with such conditions and restrictions is a misdemeanor. The owner of such dog, cat or other identified animal shall reimburse the city for all costs incurred in enforcing compliance with the provisions of this section. The city, by and through the senior animal control officer or their designee, may also commence and maintain such proceedings in a court of competent jurisdiction as are appropriate under the laws and regulations of the state for the abatement and redress of public nuisances.

(b)

At least ten working days prior to the impoundment or abatement or both pursuant to subsection 8.02.300(a), the owner or custodian of the subject dog, cat, or other identified animal shall be notified by the senior animal control officer or their designee, in writing, of the right to a hearing to determine whether grounds exist for such impoundment or abatement or, where applicable, both. The notice shall be served by hand-delivery or by registered or certified mail, postage prepaid, return receipt requested. If the owner

or custodian requests a hearing prior to impoundment or abatement, no impoundment or abatement shall take place until the conclusion of such hearing, except as provided in subsection 8.02.300(c).

(c)

When, in the opinion of the senior animal control officer or their designee, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the subject dog, cat or other identified animal has been impounded under any other provision of this chapter or any law or regulation of the State of California, the pre-impoundment hearing shall be deemed waived; provided, however, that the owner or custodian of the subject dog or cat shall be given notice by the senior animal control officer or their designee, in writing, which would allow five working days to request an abatement hearing. Service of such notice shall be in accordance with the service methods specified in subsection 8.02.300(b) of this chapter. Where requested by such owner or custodian, a hearing shall be held within five days of the request therefor, and the subject dog, cat or other animal shall not be disposed of prior to the conclusion of the hearing. If, after five working days from the date of service of the notice specified in this subsection, no request for a hearing is received from the owner or custodian of the subject dog, cat or other animal, such dog, cat, or other animal shall be disposed of pursuant to applicable provisions of law.

(d)

All hearings pursuant to this section shall be conducted by the senior animal control officer or their designee personally or by a designee who shall not have been directly involved in the subject action. Hearings shall be held not more than ten days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a reasonable period of time if the senior animal control officer or their designee deems such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance. Within ten days after the conclusion of the hearing, the senior animal control officer or their designee shall render, in writing, their findings, decision and order thereon and shall give notice of the findings, decision and order to the owner or custodian of the subject dog, cat or other animal; service of such notice shall be in accordance with the service methods specified in subsection 8.02.300(b).

(e)

Pursuant to Food and Agriculture Code Section 31622, the owner or keeper of a dog can appeal the decision of the administrative hearing to the municipal court.

(Ord. No. 1380, § 2, 5-14-2019)

All of the fees set forth in this chapter shall be in effect until the city council shall, by means of ordinance, fix some other fees upon the basis of a cost-analysis as determined by the City of Perris Auditor-Controller or, where applicable, pursuant to a change in the applicable laws and regulations of the State of California or, if applicable, both.

(Ord. No. 1380, § 2, 5-14-2019)

At the discretion of the senior animal control officer or their designee, the impoundment fees recoverable under section 8.02.100 may be waived by the senior animal control officer or their designee based upon indigent circumstances of the owner of the impounded animal that are verified by the animal control division so long as the animal is being kept and maintained in accordance with all other provisions of this chapter, the City of Perris Ordinances, and state law.

(Ord. No. 1380, § 2, 5-14-2019)