San Joaquin Municipal Code Ch. 92 Animals

This chapter shall be known as the "Animal Regulations Chapter."

(Ord. 14-101, passed 7-8-2014)

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANIMAL REGULATIONS OFFICER. Animal Regulations Officer shall include law enforcement officers from the Fresno County Sheriff's Department and Public Works Department employees and any other person authorized to enforce the provisions of this chapter and state animal control laws.

ANIMAL SHELTER. The San Joaquin Animal Shelter or any other facility designated by the city to provide animal shelter and control services for the impounding, adoption, redemption, and the care and disposition of dogs, cats and other animals. Any such facility shall be devoted to the welfare, protection and humane treatment of all animals.

AT LARGE. The presence of any animal when it is off the premises of its owner or custodian and not restrained by a chain or leash under the control of a responsible person physically capable of retaining control of the animal. At large shall also mean when the animal is on the premises of its owner and not under the immediate effective physical control of the owner sufficient to prevent ingress and egress of the animal. At large shall not include any animal while being trained in an obedience or other training class or while being exhibited at a show or obedience trial and under the immediate effective physical or vocal control of a person.

BUSINESS DAY. Monday through Friday excluding city recognized holidays.

CAT. Any member of the feline species (Felis Catus) customarily confined or cultivated by a person as a pet.

COOP. A covered enclosure for the shelter of fowl.

DESTROY. Putting an animal to death by euthanasia or other humane method.

DOG. Any member of the canine species (Canis Familiaris) customarily confined or cultivated by a person as a pet, but excludes other members of the family Canidae.

ENCLOSURE.

(1) Within a fence line or structure suitable to prevent the entry of young children, and which is suitable to confine an animal in conjunction with any other measures that may be necessary to keep the animal confined. The enclosure shall be designed in order to prevent the animal from escaping; or

(2) In an enclosed and locked (with a key or combination lock) pen or structure, suitable to prevent the animal from escaping or the entry of unauthorized persons. The pen or structure shall have secure sides and a secure top that protects the animal from the elements. All sides must be embedded into the ground no less than two feet unless the bottom is adequately secured to the sides. The structure must be kept in a clean and sanitary condition and provide adequate light and ventilation. The enclosure shall be not less than 50 square feet in area, and of sufficient height to prevent each animal confined therein to stand in a natural erect position.

EUTHANASIA. The humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that involves anesthesia, produced by an agent which causes the painless loss of consciousness and death during such loss of consciousness by injection.

EXCESSIVE NOISE. The utterance of barks, howling, whining, cries, screeching, squeaking, squawking, or any noise which is loud, frequent, and continual over a period of time and which disturbs the peace and comfort of a person or persons of ordinary sensitivity. The following shall be rebuttably presumed to disturb the peace and comfort of a person or persons of ordinary sensitivity: (1) excessive noise for a continuous period of ten minutes; or (2) excessive noise for a continuous period of five minutes on three separate occasions within any 60 minute period. Continual shall mean excessive noise with intervals of less than 60 seconds between the noise. It shall not be deemed to be excessive noise if at the time of the noise a person or persons were teasing or provoking the animal or trespassing or threatening to trespass upon the private property of the owner.

FARM ANIMALS. Livestock, fowl, and other animals commonly kept or raised on a farm including, but not limited to, any swine, sheep, goat, horse, donkey, mule, burro, cattle, goat, swine, chicken, duck, goose, rabbit, guinea fowl, peafowl, peacock, turkey, dove, pigeon, game bird or similar bird intended for human consumption or for the production of eggs for human consumption.

HARBORED. The feeding or sheltering of an animal for two consecutive days or more.

HOUSEHOLD PETS. Domestic animals ordinarily permitted in a place of residence, kept for company and pleasure, such as: dogs; cats; guinea pigs; rats; rabbits; mice; budgies, canaries, cockatiels, cockatoos, finches, lorikeets, lovebirds, macaws, parakeets, parrots, toucans, and similar birds; Vietnamese potbellied pigs as provided for in this chapter; turtles; lizards and snakes as permitted in this chapter; and other similar animals generally considered to be kept as pets, excluding farm animals.

IMPOUND. The taking up and confinement of any animal in the Animal Shelter or a veterinary hospital.

LOT. A single parcel of land for which a legal description is filed of record or the boundaries of which are shown on a subdivision map or record of survey filed in the office of the Fresno County Recorder.

MENACING ANIMAL. An animal which engages in the behavior defined in § 92.11 of this chapter.

OWNER. The legal owner and any person who owns, possesses, harbors, controls, or has custody of an animal. In the case of a minor, the parents or guardians of the minor shall be deemed the owner. All adults residing at the same property address shall be rebuttably presumed to be the owner of any animal owned, possessed, harbored, controlled, or in custody on the property.

PEACEABLY AND LAWFULLY UPON PROPERTY OR PREMISES. A person on property in the performance of any duty imposed upon him/her by the laws of this state or any city or county, or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation, expressed or implied.

PERSON. Any individual, domestic or foreign corporation, partnership, association of any kind, trust, fraternal society or cooperative.

PET. Any animal kept for pleasure rather than utility.

PHYSICAL CONTROL. Any animal restrained by a chain or leash under the control of a responsible person physically capable of retaining control of the animal or confined by a fence or other adequate enclosure so that the animal remains within the property limits of its owner.

POTENTIALLY DANGEROUS ANIMAL. Any animal which, when unprovoked, does any of the following:

(1) Engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the premises of the owner of the animal or when the person is peaceably and lawfully upon the premises of the owner;

(2) Bites a person causing a less than severe injury;

(3) Has inflicted injury, or otherwise caused injury attacking a domestic animal, but has not inflicted severe injury or seriously bitten the animal.

PREMISES. Any lot or parcel of land owned, leased or rented by a person.

QUARANTINE. The isolation of any animal within a substantial enclosure to avoid its contact with other animals or unauthorized persons.

REPTILE. Any cold-blooded animal including, but not limited to, turtles, snakes, lizards, crocodiles and alligators.

SERIOUSLY BITTEN. Multiple bites to a human being or animal resulting in breaks to the skin.

SEVERE INJURY. Any physical injury to a human being or animal that results in muscle tears, disfiguring lacerations, or requires multiple sutures or corrective or cosmetic surgery.

STALL. A covered enclosure or shelter, barn, stable or other outbuilding for the shelter of farm animals.

SUSTAINED. For administrative citations, a failure to timely appeal the administrative citation or a decision from the hearing officer upholding the citation. For criminal citations and complaints, a plea of guilty or nolo contendere or a finding of guilt by a court or jury.

UNPROVOKED ANIMAL. An animal that has confronted, attacked, or injured a person or animal and has not been teased, tormented, abused, or assaulted by the person or animal confronted, attacked, or injured.

VICIOUS ANIMAL. Any animal:

(1) Which when unprovoked has seriously bitten, inflicts severe injury on, or kills a human being;

(2) Which when unprovoked on two separate occasions within the prior 36 month period has bitten a person causing a less than severe injury;

(3) Which when unprovoked has killed a domestic animal;

(4) Which when unprovoked has seriously bitten or inflicted severe injury on a domestic animal;

(5) Previously determined to be and currently listed as a potentially dangerous animal which continues the behavior which led to the potentially dangerous determination;

(6) Previously determined to be and currently listed as a potentially dangerous animal which is not, at all times while on the premises of the owner, kept indoors or in an enclosure;

(7) Previously determined to be and currently listed as a potentially dangerous animal which, when off the owner's premises, is not restrained by a substantial leash of not more than six feet in length, and under the control of a responsible adult physically capable of retaining control of the animal;

(8) Previously determined to be and currently listed as a potentially dangerous animal, which is not properly licensed and vaccinated as required by this chapter;

(9) Previously determined to be and currently listed as a potentially dangerous animal, which is maintained in violation of any of the conditions imposed pursuant to a stipulation entered into between an owner and the city, by a hearing officer, or by a court order in connection with a declaration that the animal is potentially dangerous;

(10) Previously determined to be and currently listed as a potentially dangerous animal, which is removed from the city without notifying an animal regulations officer of the changed condition and the new location of the animal in writing within two business days.

WILD OR EXOTIC ANIMAL. Shall mean any of the following:

(1) Any animal described in Cal. Fish and Game Code §§ 2116 and 2118, or in any addition to Cal. Fish and Game Code § 2118 by regulation of the Fish and Game Commission as provided for in those sections;

(2) Any animal not normally kept as a domesticated animal or household pet, including, but not limited to, alligators, crocodiles, lions, monkeys and tigers;

(3) Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means;

(4) Any hybrid animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the state;

(5) A potentially dangerous or vicious animal over which the owner has evidenced a failure to maintain control.

(Ord. 14-101, passed 7-8-2014)

(A) License required. Every person owning, possessing, keeping, harboring or having custody of any dog over four months old, and all Vietnamese potbellied pigs, shall obtain a city license for each dog and potbellied pig. Appropriate license fees shall be paid annually. The license fees shall be set forth by city resolution. Such license shall be obtained, and the fee therefore paid within 30 days after the day upon which a dog is four months old, within 30 days after acquisition of a dog if over four months old, within 30 days after acquisition of a potbellied pig, or within 30 days of moving into the city.

(B) Exemptions:

(1) Service dog. Every person owning a service dog shall be exempt from the license fee payment requirement of this section provided the owner has exhibited a certificate that the dog has been vaccinated with the rabies vaccine. Every owner of such a dog, upon an application to the City Clerk, accompanied by a vaccination certificate as required by this chapter, shall be issued a dog license for such dog without charge. As used in this division, SERVICE DOG shall mean a guide dog, service dog, or signal dog as defined in Cal. Civil Code § 54.1.

(2) Government. Dogs owned and used by the county, municipal corporations, or other public agencies, including dogs used by law enforcement agencies in the performance of law enforcement activity, shall be licensed without fee provided the public agency has exhibited a certificate that the dog has been vaccinated with the rabies vaccine.

(3) Temporary. Dogs brought into the city for the purpose of participating in any dog show or whose owners are nonresidents or temporarily within the city need not be licensed.

(C) Application for dog license. Application for dog licenses shall be made on forms approved by the city and shall include the following for each animal: the name and address of owner; address where the dog is kept; name, breed, age, sex, color and description of the animal; spay/neuter certificate unless a valid exception applies; and current rabies vaccination certificate issued by a licensed veterinarian that is valid for the entire term of the license being issued.

(D) Application for Vietnamese potbellied pigs. Application for potbellied pig licenses shall be made on forms approved by the city and shall include the following for each animal: proof of registration with a nationally recognized registry; proof that the pig has been spayed or neutered; and a current vaccination certificate issued by a licensed veterinarian that the pig has been vaccinated as directed by the city that is valid for the entire term of the license being issued.

(E) Term of license. All dog licenses shall be issued for a period terminating on or before the expiration of the rabies vaccination.

(F) Licenses under another jurisdiction. A dog brought into the city that has been licensed in another county or city within the state shall meet all the conditions set forth in this chapter and the owner shall apply for the transfer of the license within 30 days of moving into the city. The fee for transfer shall be as set forth in the city's Fee Schedule. Regardless of the term of such license in the issuing jurisdiction, the license shall expire on December 31.

(G) Collar and tag.

(1) Upon payment of the license fee, the city shall issue to the owner a license certificate for the effective period and a tag for each dog so licensed. The city shall not issue the license required by the provisions of this chapter until the person applying therefore shall have exhibited a spay/neuter certificate unless a valid exception applies, and a certificate that the dog for which a license has been applied for has been vaccinated with the rabies vaccine. Such certificates shall be exhibited at the time the application is made for such license.

(2) The owner or person in control of the dog shall provide the dog with a suitable collar or other device to which the license shall be securely attached. The dog shall wear the collar and tag at all times that the dog is in the city and not confined indoors or in an enclosed yard or pen.

(3) Lost license tags may be replaced by surrendering to the city the receipt for the lost license and by paying to the city a fee. This fee shall be as set forth in the city's Fee Schedule. After complying with the above provision, the city shall again register the animal, and issue a new license tag.

(4) The owner or person in control of the dog shall show the license receipt and tag at any time upon demand by an animal regulations officer. A refusal to show proper registration upon demand is a violation of this section.

(5) It is unlawful for any person to attach a license tag to the collar of any dog except the animal that is described in the application for such license tag.

(H) Refunds. No refunds or credits shall be made on any license because of the death of any licensed animal or the owner leaving the city before the expiration of the license period.

(Ord. 14-101, passed 7-8-2014)

Violations of this chapter are infractions, unless a particular provision provides otherwise.

(Ord. 14-101, passed 7-8-2014)

(A) The maximum number of household pets allowed in a household or on any premises shall be four animals in any combination. Of those four animals, no more than two may be potbellied pigs.

(B) An animal regulations officer may allow the occupant of the premises to maintain additional household pets on a temporary basis, and on such terms and conditions as the animal regulations officer may require, if the animal regulations officer determines that removal of the animal(s) would be dangerous to the health and well-being of the animal(s). Additional animals may also be allowed if the zoning requirements for the premises permit the operation of a kennel and the owner or occupant has obtained the necessary approvals to operate a kennel on the premises.

(C) The keeping of household pets in excess of the maximum allowed herein shall be a violation of this section and considered to be the operation of a kennel subject to the city's zoning standards for kennels, which generally require that kennels be located within the M-1 Light Manufacturing Industrial District.

(Ord. 14-101, passed 7-8-2014)

The keeping of Vietnamese potbellied pigs shall be in accordance with the following provisions:

(A) All Vietnamese potbellied pigs must be spayed or neutered prior to licensing.

(B) Vietnamese potbellied pigs are subject to the city's leash law.

(C) No more than two Vietnamese potbellied pigs shall be permitted at any one single-family residence. Vietnamese potbellied pigs are prohibited from any multiple-family dwelling.

(D) Vietnamese potbellied pigs in excess of 22 inches in height or weighing over 120 pounds shall be prohibited.

(E) All Vietnamese potbellied pigs must show registration with a nationally recognized registry to assure that they are a potbellied pig and not an agricultural variety.

(F) All Vietnamese potbellied pigs shall be properly vaccinated prior to licensing as directed by the city.

(G) Vietnamese potbellied pigs shall be maintained in a clean and sanitary condition free from obnoxious smells and substances.

(Ord. 14-101, passed 7-8-2014)

No person shall keep or maintain any farm animals except as follows:

(A) In connection with bona fide schools, colleges, universities, research organizations, and laboratories engaged in the field of scientific research and education.

(B) In a zone established by the zoning laws of the city where such animals are specifically permitted, provided there is compliance with such zoning laws relating to such animals.

(Ord. 14-101, passed 7-8-2014)

No person shall own, have, keep or maintain in the city any wild, exotic, or nondomestic animal or reptile, except as follows:

(A) The City Council may, by resolution, grant a permit for the keeping or transporting in the city of any such animal solely for exhibition or experimental purposes under such conditions as may be imposed and for such a period of time as may be permitted, and in accordance with all applicable, federal, state and local laws and regulations.

(B) Wild animals specifically allowed by the State Department of Fish and Game and in accordance with Department of Fish and Game regulations and permit conditions shall be allowed subject to the provisions of this chapter. Any permit required by the Department of Fish and Game for the keeping of any wild animal must be obtained by the owner and shown to any animal regulations officer upon demand.

(C) The keeping of reptiles is limited to turtles, lizards and snakes and excludes other reptiles such as crocodiles and alligators. It shall be unlawful for any person to own and keep within the city any reptile that is determined by an animal regulations officer to be a nuisance or danger to persons or other animals.

(Ord. 14-101, passed 7-8-2014)

No owner of any animal, except a cat which has been spayed or neutered, shall cause, permit, or allow any such animal to be at large in the city. A violation of this provision is an infraction. An animal that is at large three or more times within any 365 day period shall be deemed a public nuisance and the owner shall remove the animal from the city incorporated limits. A failure to remove the animal in violation of this section is a misdemeanor.

(Ord. 14-101, passed 7-8-2014)

Every person owning or having charge, care, custody or control of any dog shall keep such dog exclusively upon his or her own premises unless the dog is upon a secure leash not more than six feet long held continuously in the hands of a responsible person capable of retaining control of the dog or unless the dog is securely and safely confined within an automobile.

(Ord. 14-101, passed 7-8-2014)

Any animal which annoys or harasses persons or other animals, including neighbors, passersby or passing vehicles, damages private or public property, is allowed to run at large, or is allowed to defecate or urinate on public property or on private property without the consent of the owner shall be deemed a nuisance subject to abatement as follows:

(A) For non-continuing nuisances which do not require immediate correction, any animal regulations officer may issue a written order to the owner of any offending animal directing that such nuisance be abated. In the order, the animal regulations officer may direct the owner to take certain actions to prevent the nuisance from reoccurring. The order shall be delivered to the owner either by personal service, first class postage prepaid mail to the owner's last known address, or securely posted in a conspicuous place on the property where the animal is located. A failure to follow the directions of the animal regulations officer in the order of abatement is a violation of this section. In addition, each and every day the nuisance exists after the service of the order shall be deemed a violation of this section. The animal may also be seized and impounded.

(B) For continuing nuisances which require immediate corrective action, any animal regulations officer may issue an order to the owner to immediately abate the nuisance. The order may be made orally or in writing. If the owner is unavailable, or if the owner fails to comply with the order of the animal regulations officer, the animal may be seized and impounded. A failure to follow the directions of the animal regulations officer in the order of abatement is a violation of this section.

(Ord. 14-101, passed 7-8-2014)

(A) General. Any animal regulations officer may seize and impound an animal found running at large or otherwise in violation of the provisions of this chapter. The animal regulations officer is specifically authorized to seize and impound an animal required to be but not licensed or vaccinated under this chapter and a menacing animal in violation of an order from an animal regulations officer.

(B) Dangerous animals. If upon investigation an animal regulations officer determines that there is probable cause to believe that an animal is potentially dangerous, vicious or otherwise poses an immediate threat to public safety, the animal regulations officer may seize and impound the animal pending administrative hearings or court proceedings held to determine disposition of the animal pursuant to this chapter. Animals impounded pursuant to this section may, if an animal regulations officer determines it is not contrary to public safety, be confined at the owner's expense in a kennel or veterinarian facility approved by an animal regulations officer.

(C) Sick, injured or mistreated animals. Upon discovery of a sick, injured or mistreated animal, the animal regulations officer may seize and impound such animal. In addition to the provisions of this section, the city may proceed in accordance with the provisions of Cal. Penal Code § 597.1.

(D) Impoundment by individuals for trespassing animals. The owner of private property, or his or her representative, may take up and detain any animal found trespassing upon such private property. Any person taking up and detaining any animal pursuant to the provisions of this section shall immediately notify an animal regulations officer of the address where the animal is detained and shall turn the animal over to the animal regulations officer upon demand for impounding.

(E) Notice to owners of impounded animal. Within a reasonable time consistent with the purposes of this chapter and state law, after the impounding of any animal, the owner if known, shall be notified of the time and place of the seizure either in person, by telephone, or by United States mail. If the owner of the animal is unknown, written notice shall be posted for not less than four consecutive days in a conspicuous place outside City Hall.

(F) Seizure hearings.

(1) Post seizure hearing. Whenever an animal regulations officer authorized under this section seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal, the health or safety of others, or for any other lawful reason, the animal regulations officer shall, within a reasonable time, provide the owner or keeper of the animal, if known, with the opportunity for a post seizure hearing to determine the validity of the seizure or impoundment, or both.

(2) Pre-seizure hearing. Where the need for immediate seizure is not present and prior to the commencement of any criminal, civil or administrative proceedings authorized by this chapter, the city shall, within a reasonable time, provide the owner of the animal, if known, with the opportunity for a hearing prior to any seizure or impoundment of the animal.

(3) Hearing procedures. If the owner of the animal requests a hearing, a hearing shall be scheduled before the City Manager or a officer in accordance with the city's Administrative Hearings chapter. The hearing shall be held within five business days. The hearing shall be conducted in accordance with the procedures set forth in the Administrative Hearings chapter. The hearing officer's decision shall be final.

(G) Redemption.

(1) The owner of any animal, other than a potentially dangerous or vicious animal, a sick, injured or mistreated animal, or an animal prohibited in the city, may reclaim and redeem such animal upon:

(a) Satisfactory proof of ownership;

(b) Payment of the costs and expenses incurred by the city for impounding and maintaining such animal, including the payment of costs and expenses incurred by the City for implanting a microchip;

(c) Payment of a deposit for the animal not being spayed or neutered as required by this chapter;

(d) Payment of any fees or penalties provided for in this chapter;

(e) Payment of a redemption fee;

(f) Payment of any previously incurred fees, penalties, court imposed fines and restitution, and sustained administrative citation fines under this chapter relating to the impounded animal;

(g) For animals at large, proof satisfactory to an animal regulations officer that the animal will be securely confined and adequately cared for; and

(h) For menacing animals, proof satisfactory to an animal regulations officer that the owner will comply with the orders of an animal regulations officer.

(2) Redemption shall be conditioned upon:

(a) The acquisition of any required license and the payment of any license fees not yet paid within the required time period; and

(b) The payment of any sustained administrative citation penalties if an administrative citation is issued by the city for a violation of this chapter which lead to the impoundment.

(3) If the owner of a redeemed animal fails to timely acquire a required license and pay any license fees, court imposed fines and restitution, or pay administrative citation fines, the redeemed animal may be impounded by an animal regulations officer for an additional redemption period.

(4) The license fee, the costs and expenses for impounding and maintaining the animal, the microchip fee, the redemption fee, and any penalties shall be in an amount established in the city's Fee Schedule. The penalties and deposit for not having an animal spayed or neutered shall be as provided for in the city's Fee Schedule or state law as applicable. The penalties for administrative citations shall be those set forth in the citation.

(5) An animal impounded as potentially dangerous or vicious shall be subject to disposition as provided for in § 92.14 of this chapter. Animals impounded as sick, injured or mistreated animals, shall be subject to disposition as provided for in this chapter or in accordance with the provisions of Cal. Penal Code § 597.1.

(6) Notwithstanding satisfaction of the requirements for redemption, an animal regulations officer, at his or her discretion, may refuse to permit the redemption of any animal impounded pursuant to the provisions of this chapter, or any other municipal, county or state law, until in his or her opinion the need for the retention of such animal no longer exists. The animal regulations officer shall document in writing the need for the retention of an animal under this division and notify the owner of his or her right to contest that determination by filing a written request for a hearing within two business days of receipt of the determination. If the owner requests a hearing, the animal regulations officer shall schedule a hearing before a hearing officer appointed by the City Manager. The hearing shall be held within five business days. The hearing shall be conducted in accordance with the procedures set forth in § 92.14(C) of this chapter. The hearing officer's decision shall be final.

(H) Duration of impoundment.

(1) Dogs and cats. All impounded dogs and cats shall, unless sooner redeemed, be kept in the Animal Shelter for the period of time required by state law, or if no time is provided, for not less than four business days.

(2) Farm animals. Any impounded farm animals shall, unless sooner redeemed, be kept in the Animal Shelter for the period of time required by state law, or if no time is provided, for not less than four business days.

(3) Other animals. Any other impounded animal shall, unless sooner redeemed or adopted, be kept in the Animal Shelter for the period of time required by state law, or if no time is provided, for not less than four business days.

(4) Other facilities. The city may make arrangements with other agencies to hold the animal at their facilities for the required duration.

(I) Abandonment. Except as otherwise provided in this chapter, an impounded animal which is not redeemed within the specified holding period, whether due to a failure to satisfy monetary obligations or otherwise, shall be considered to be abandoned by its owner and shall become the property of the city. Such animal may be adopted or euthanized. Abandonment does not relieve the owner's obligation to pay all fees related to the impounding and keeping of the animal.

(J) Voluntary surrender: fees.

(1) Upon request, an owner may surrender his or her animal to the city for placement for adoption or other disposition. Any animal that is voluntarily surrendered to or deposited with the Animal Shelter by the owner shall immediately thereafter become the property of the city. It shall be understood that no guarantee of placement will be made, and humane disposal will be at the discretion of an animal regulations officer, or authorized Animal Shelter designee.

(2) Any owner of an animal who voluntarily surrenders an animal to the city shall be subject to a fee as set forth by city resolution for each animal.

(3) The surrender of an animal by an owner to the city and subsequent to impoundment for a violation of this chapter or any provisions of state law, shall not relieve the owner of the obligation to pay such charges as set forth in this chapter incurred prior to such surrender, plus accumulated boarding charges, veterinary charges or any other charges related to the impounding and keeping of the animal.

(K) Removing animal from custody without permission prohibited. No person shall remove any animal(s) from the custody of an animal regulations officer, from the Animal Shelter, or from a city holding facility or vehicle without permission from an animal regulations officer.

(Ord. 14-101, passed 7-8-2014)

(A) Vaccinations.

(1) General. The owner of any animal in the city shall have the animal vaccinated by a licensed veterinarian against those diseases designated by state, federal and county regulations.

(2) Dogs.

(a) No person shall keep, harbor or maintain any dog over the age of four months within the city limits unless such dog has been vaccinated by a licensed veterinarian with a canine rabies vaccine approved by and in the manner prescribed by the State Department of Public Health. The vaccination shall be administered by a veterinarian or clinics operated by veterinary groups or associations, and a certificate of vaccination shall be obtained by the owner. The certificate of rabies vaccination shall accompany the license application.

(b) No dog need be vaccinated for rabies where a licensed veterinarian has certified that the vaccination would endanger the dog's health and the local health officer endorses on the certificate his or her approval. The certificate must bear the date of issuance and must be renewed each year. Any dog subject to this exemption shall not be allowed off the premises of the owner.

(B) Cage and pen requirements. No person shall keep or maintain any live animal in a cage, coop, hutch, pen, yard or space which is less than three times as large in floor space as the total size of all live animals which may be kept therein, and which is not of sufficient height to permit each animal to stand in a natural erect position. The provisions of § 92.02, shall apply when such provisions are more stringent than the provisions of this section. This section shall not apply to the Animal Shelter nor shall it preclude a veterinarian, any person engaged in showing animals, or an animal groomer from temporarily confining an animal in a smaller container for medical, showing or grooming purposes.

(C) Sanitary enclosures.

(1) Every person keeping any animal shall at all times keep cages, coops, hutches, pens, yards or other enclosures wherein such animal is kept in a clean and sanitary condition, and shall remove excreta and manure there from every day, or as often as is necessary so as not to become a nuisance in the neighborhood or to any person in the neighborhood.

(2) No person shall at any time maintain any lot or other premises, or any portion thereof, in the city, upon which any animal is kept in an unsanitary condition or in such condition as to cause the same to be infested with flies or insects or to create any noxious or offensive odors.

(D) Stray animals. Any person discovering a stray or apparently lost animal shall report the same to an animal regulations officer. Any person who apprehends or picks up a stray or lost animal shall report the same to an animal regulations officer within eight hours thereafter and shall release such animal to an animal regulations officer upon demand. A violation of this section is an infraction.

(E) Diseased or injured animals.

(1) Notwithstanding any provisions of this chapter, an impounded animal which is determined by a licensed veterinarian or an animal regulations officer to constitute a health or safety hazard, shall be destroyed or otherwise disposed of without delay by an animal regulations officer, an authorized Animal Shelter designee or a veterinarian.

(2) An impounded animal which is determined by a licensed veterinarian or an animal regulations officer to be suffering extreme pain due to disease or injury, and where there is no reasonable probability that the animal will recover from its disease or injury, may be destroyed without delay by an animal regulations officer, an authorized Animal Shelter designee or a veterinarian.

(3) Any animal regulations officer, police officer or sheriff's deputy may humanely destroy an animal in the field which is too severely injured to move or where a veterinarian is not readily available, and where it would be more humane to dispose of the animal.

(F) Dogs, cats and other animals to be curbed (Pooper Scoop Law). Should any dog, cat and/or other animal defecate on any public property or on the private property of any person, the person owning or having custody of the animal shall immediately remove the feces from any such place to a site not prohibited by law. A violation of this section is an infraction.

(G) Abandonment of animals prohibited. No person shall abandon any animal with the intention of avoiding the responsibility for its custody and care.

(H) Dumping of animals at the Animal Shelter prohibited. No person shall leave any animal at the Animal Shelter except when an animal regulations officer is available to accept the animal.

(I) Animal care.

(1) No owner shall fail to provide his or her animals with adequate food and water, proper, clean, and sanitary shelter, protection from the weather and veterinary care when needed to prevent suffering. The humane care and treatment of all animals shall be maintained at all times.

(2) Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by a chain or leash, the chain or leash shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured, in such a manner that it will permit the animal's access to adequate shelter, food and water, and in accordance with Cal. Health and Safety Code § 122335.

(J) Animals not to be abused. No person shall beat, cruelly ill-treat, torment, tease, overload, overwork or otherwise abuse an animal, nor cause, instigate or permit any dogfight, cockfight, or combat between animals or animals and humans, excluding police canines, within the city, nor shall any parent allow or permit his or her minor child to so treat any animal.

(K) Killing or butchering of animals. No person may kill or butcher an animal within the city limits except as specifically permitted by the laws of the state, and in compliance with all federal, state and local requirements.

(L) Poisoning animals prohibited. No person shall place, leave or expose, in any place accessible to any animals, with the intent to kill or harm such animals, any poisonous substance or ingredient, or any edible or any other substance or ingredient which has in any manner been treated or prepared with any poisonous substance or ingredient.

(M) Farm animals. Farm animals shall only be kept as permitted by the city's zoning chapter. In addition, no person shall keep, harbor, or possess any farm animal unless the following conditions are satisfied:

(1) All places and premises upon which farm animals are kept shall be open at all times for inspection by city or County of Fresno health inspectors and by any animal regulations officer.

(2) Farm animals shall be confined by a suitable fence. A suitable fence is any fence which is good, strong, substantial and sufficient to prevent the ingress and egress of farm animals.

(N) Animals suspected of having rabies.

(1) Restrictions on the keeping of animals capable of transmitting rabies. It shall be unlawful for any person to own, keep, harbor or possess within the city limits any animal capable of transmitting the rabies virus unless such animal can be properly immunized with a rabies vaccine approved by the State Department of Health.

(2) Quarantine and impoundment. All animals in violation of Cal. Health and Safety Code §§ 121575 et seq. or of the rabies control provisions of this chapter, shall be quarantined or impounded and may be subject to destruction in some humane manner or to other disposition as provided by this chapter.

(3) Notification of quarantine restrictions. An animal regulations officer shall issue a written notice to the owner or person harboring an animal within the city suspected of having rabies, or of having been exposed to rabies, that such animal be quarantined for a period of ten days, or for such period as required by state law. Upon issuance of the notice, the owner or person harboring the animal shall surrender the animal for a supervised quarantine at the Animal Shelter, the costs of which shall be borne by the owner. The animal may be reclaimed by the owner if adjudged free of rabies and upon the payment of board fees as established in the city's Fee Schedule and upon compliance with the licensing provisions of this chapter. At the discretion of an animal regulations officer, such quarantine may be on the premises of the owner. For stray animals whose ownership is not known, such quarantine shall be at the Animal Shelter.

(4) Quarantined animal at large. It shall be unlawful for any person to allow any quarantined animal to run at large or fail to keep the animal quarantined after being so notified.

(5) Quarantine of dogs serving the disabled. Notwithstanding any other provision of this section, a guide dog, service dog, or signal dog as defined in Cal. Civil Code § 54.1 shall not be quarantined in the absence of evidence that he or she has been exposed to rabies unless his or her owner fails:

(a) To keep the dog safely confined to the premises of the owner; or

(b) To keep the dog available for examination at all reasonable times.

(6) Quarantine of dogs used by law enforcement agency. Notwithstanding any other provision of this section, a dog used by any state, county, city, or city and county law enforcement agency shall not be quarantined after biting any person if such bite occurred while the dog was being used for any law enforcement purpose. The law enforcement agency shall make the dog available for examination at any reasonable time. The law enforcement agency shall notify an animal regulations officer within its jurisdiction if the dog exhibits any abnormal behavior.

(O) Spay and neuter of cats and dogs.

(1) Spaying or neutering prior to adoption. No dog or cat shall be made available for adoption unless the dog or cat is spayed or neutered in accordance with Cal. Food and Agricultural Code §§ 30503 and 31751.3 or is otherwise exempt pursuant to the divisions below.

(2) Spaying or neutering a dog or cat over the age of four months. No person within the city shall own a dog or cat over the age of four months that has not been spayed or neutered, unless valid written documentation is provided to show proof that the animal is exempt from the requirement to be spayed or neutered by reason of one of the following, and is in compliance with subsections below:

(a) The dog or cat is a breed approved by and is registered with a registry or association recognized by an animal control officer, whose program and practices are consistent with the humane treatment of animals, and the dog or cat is actively used to show or compete and has competed in at least one show or sporting competition hosted by or under the approval of the recognized registry or association within the last two years, or is being trained or groomed to show or compete and is too young to have yet competed.

(b) The dog is being trained or has been appropriately trained and is actively used in a manner that meets the definition of guide, signal or service dog as set forth in Cal. Civil Code § 54.1 or Cal. Penal Code § 365.5, or the dog is enrolled in a guide, signal or service dog breeding program administered by a person licensed under Chapter 9.5 (commencing with § 7200) of Division 3 of the Cal. Business and Professions Code.

(c) The dog is appropriately trained or is in the process of being trained and is actively used by law enforcement agencies or the military for law enforcement, military or rescue activities.

(d) The owner of the dog or cat provides a letter to an animal control officer from a licensed veterinarian certifying that either: the animal's health would be best served by spaying or neutering after a specified date, in which case a deposit as set forth in a city resolution shall be provided to ensure spaying or neutering by the owner after the specified date; or that due to age, poor health, or illness it is unsafe to spay or neuter the animal at any time. This letter shall include the veterinarian's license number and be updated periodically as necessary.

(e) The dog or cat has been registered for personal use breeding pursuant to this chapter.

(3) Unaltered dogs and cats. An unaltered dog or cat shall be implanted with an animal microchip identification device identifying the owner of the animal. The dog license application for an unaltered dog shall contain the information requested by the city, including the identification number of the implanted animal microchip identification device, the name and address of the owner, and the location at which the dog will be maintained. A license for an unaltered dog shall not be transferable, and shall not be issued to any person under the age of 18 years.

(4) Violations for not spaying or neutering. First time violators of this section shall be provided with a 60 day notice to comply prior to the issuance of a citation or the initiation of an enforcement action.

(P) Breeding dogs and cats.

(1) It is unlawful for any person to breed for commercial purposes any dog or cat within the city. It is unlawful for any person to breed for personal use any dog or cat unless the dog or cat is registered for personal use breeding pursuant to this section. Registration does not authorize a person to have more than the maximum number of household pets allowed by this chapter.

(2) Any person required to register their animals for breeding shall register with the city. The registration form shall include, at a minimum, the following information:

(a) The name, address and telephone numbers of the dog or cat's owner;

(b) The name, address and telephone numbers of the location where the dog or cat will be kept, if different than the name and address of the dog or cat's owner;

(c) The description of the dog or cat, including breed, color, age, name and sex;

(d) The date of immunization for the dog or cat;

(e) The type of rabies vaccine administered to the dog or cat; and

(f) The license number of the dog.

(3) Registration information must be updated within 30 days of any changes.

(4) Failing to register a dog or cat for breeding, or failing to update registration information within 30 days of any changes, is a violation of this chapter subject to enforcement in the same manner as any other violation of the Municipal Code.

(Q) Care of feral cats. It shall be unlawful for any person within the city to intentionally provide food, water, or other forms of sustenance to a feral cat or feral cat colony.

(R) Feeding of birds. It shall be unlawful for any person to feed any household or wild birds outdoors in a manner that creates: harmful health and/or sanitation conditions; destruction of property; unsightly or increased slipperiness of sidewalks; animal dependency; attraction of coyotes, squirrels, rats and/or other vermin; or otherwise creates an unreasonable disturbance, such as noise, so as to disturb the peace and comfort of two or more persons of ordinary sensitivity from different neighborhood households.

(Ord. 14-101, passed 7-8-2014)

(A) Investigation, confinement, seizures and impoundment.

(1) Whenever an animal suspected of being potentially dangerous or vicious is reported, an animal regulations officer shall investigate the circumstances and if the officer finds that the animal shows a propensity to attack, bite, scratch, annoy or harass people or other animals without provocation, or displays any other such behavior, the officer shall notify the owner in writing, stating the facts and circumstances. The animal regulations officer may order that the animal be kept within an enclosure, securely leashed or otherwise controlled.

(2) If the animal regulations officer has probable cause to believe an animal may be designated as "potentially dangerous" or "vicious" under this chapter, and the owner is unwilling or unable to properly contain and/or control the animal immediately or the animal poses an immediate threat to the safety of persons or domestic animals, the animal may be seized pending the outcome of a hearing or trial and any appeals conducted pursuant to this chapter, or during the period of time the owner requires to comply with any requirements imposed hereunder. Any animal seized hereunder shall be impounded and kept at the Animal Shelter at the owner's expense.

(3) The animal's owner shall be charged for all costs incurred or fees applicable with respect to such impoundment unless a finding is made that the animal is not potentially dangerous or vicious, in which case the owner shall be charged only for independently incurred impound costs and fees, if any. An animal held under the provisions of this section shall not be released until the owner pays all charges as specified in § 92.14 of this chapter. If the owner refuses to pay such charges, the animal shall be treated as abandoned by the owner, and disposed of pursuant to § 92.14 of this chapter. Disposal of the animal does not release the owner from his or her responsibility to pay the keeping charges.

(4) The owner of an animal that has bitten another animal or person shall, upon demand from any animal regulations officer, demonstrate to the animal regulations officer that the animal has been properly immunized with a rabies vaccine in accordance with the provisions of this chapter or otherwise release the animal to the animal regulations officer for inspection or quarantine. The animal shall be quarantined for a period of ten days, or for such period as required by state law.

(B) Petition to declare animal as potentially dangerous or vicious. If an animal regulations officer has investigated and determined that there is probable cause to believe that an animal is potentially dangerous or vicious, an animal regulations officer, the Chief of Police or their designee may prepare a petition to have the animal declared potentially dangerous or vicious. The petition may be filed with the Court or the City Manager. If filed with the Court, the procedures set forth in Cal. Food and Agricultural Code §§ 31621 through 31624, as those sections may be amended from time to time, shall apply. If filed with the City Manager, the procedures set forth in this article shall apply. The petition shall be on forms prescribed by the Judicial Council or by the City Attorney's office for compliance with this chapter.

(C) Administrative hearing. There is hereby created an administrative procedure for the hearing of petitions filed with the City Manager. Hearings for classification as "potentially dangerous" or "vicious" shall be conducted as follows:

(1) The owner shall be given, by first class mail with return receipt requested, or personal service, notice of a hearing, a copy of the petition, and notice of the restrictions that will apply to the animal if it is classified as a potentially dangerous or vicious animal. A failure of the owner to receive notice by first class mail with return receipt requested shall not affect the validity of these proceedings.

(2) The owner may waive his or her right to a hearing by filing a written waiver with the city, whereupon an animal regulations officer or designee shall make the findings and apply the sanctions provided in this chapter.

(3) If the animal has not been impounded, the hearing shall be set not less than five business days nor more than 30 days after the notice was mailed to the owner by first class mail with return receipt requested or the owner was personally served. If the animal has been impounded, the hearing shall be set not less than five days after the notice was mailed to the owner by first class mail with return receipt requested or the owner was personally served, and within 15 days of the date of impoundment. The owner of the animal may agree to an earlier or later hearing date.

(4) If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued.

(5) The hearing shall be conducted before a hearing officer appointed pursuant to the Administrative Hearings chapter of the city.

(6) The hearing shall be conducted informally and the technical rules of evidence shall not apply. The hearing officer shall consider all relevant evidence presented at the hearing. The officer filing the petition shall be present at the hearing and shall present evidence that the animal is potentially dangerous or vicious by witness testimony or affidavits, incident reports, and other records.

(7) The hearing officer may continue hearings, based on good cause, as established by one of the parties to the hearing.

(8) After the hearing, the owner or keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first class mail with return receipt requested. The hearing officer shall make a written determination within 15 days after the hearing is concluded, unless the animal has been impounded, in which case the determination shall be made in five business days. The decision of the hearing officer shall be final. A failure of the owner to receive notice by first class mail with return receipt requested shall not affect the validity of these proceedings.

(9) If the owner or keeper of the animal contests the determination, he or she may, within five days of the service of the notice of determination if service is by personal service, or within six days of service of the notice of determination if service is by mail, appeal the decision of the hearing officer to the Superior Court - Selma Division, or other court having jurisdiction. The owner or keeper of the animal shall serve personally or by first class mail with return receipt requested notice of the appeal to the city. Any such appeal shall be a trial de novo.

(10) The determination of the court hearing the appeal shall be final and conclusive upon all parties.

(D) Disposition of potentially dangerous or vicious animals.

(1) Vicious animals. If an animal is determined to be vicious, the following sanctions shall be applied:

(a) The animal shall be released to the Animal Shelter for euthanasia. At the discretion of the Chief of Police or his or her designee, the animal may be immediately removed from the city limits subject to approval by the receiving jurisdiction's department of animal control and provided the receiving jurisdiction determines that the animal does not pose a substantial threat to public health and safety at the new location.

(b) The owner of the vicious animal shall be prohibited from owning, possessing or controlling other animals of the same species for a period of three years after the original determination that the animal is vicious.

(c) If the animal is not euthanized, the owner shall register the animal as vicious and pay a fee as set forth in a city resolution.

(d) If the animal is not euthanized, the owner shall be required to implant the animal with a microchip identification device, and the owner shall pay for the cost associated with the implementation of the microchip.

(e) If the animal is not euthanized, the animal shall be licensed and vaccinated in the jurisdiction where the animal is to be taken.

(f) If the animal is not euthanized, the owner shall spay or neuter the animal, at the owner's expense, within ten days after the vicious animal determination. The owner shall provide a deposit in the amount of $500 to ensure the spay or neuter of the animal which deposit shall be forfeited if the owner does not provide proof of the spay or neuter within the ten day time period. In addition, the failure to have the animal spayed or neutered shall be considered a violation of this section.

(g) The owner of the animal shall be liable for all redemption fees incurred pursuant to § 92.12 of this chapter. Those fees shall be paid within six days of the decision of a hearing officer or court, and before the animal is released from the Animal Shelter. If the owner fails to pay those fees and redeem the animal from the Animal Shelter within six days of the decision of the hearing officer or court, the animal shall be deemed abandoned.

(2) Potentially dangerous animals. If an animal is designated "potentially dangerous" the following sanctions shall be applied:

(a) The owner of such animal shall immediately keep such animal securely inside the owner's or custodian's dwelling, in an enclosure on the owner's or custodian's premises, or under other adequate control as approved by an animal regulations officer. If an approved means of restraint is impossible or impracticable, such animal shall be impounded in the Animal Shelter at the owner's expense, until such time as the owner of such animal shall provide for an approved means of restraint. If the owner of the animal does not provide an approved means of restraint within six days of the decision of the hearing officer or court, the animal shall be deemed abandoned.

(b) The owner of a potentially dangerous animal shall conspicuously display signs with a symbol warning of the presence of a potentially dangerous animal.

(c) While off the owner's premises, a potentially dangerous animal shall at all times be restrained by a substantial chain or leash not exceeding six feet in length, held by and under the control of a responsible adult physically capable of retaining control of the animal.

(d) All potentially dangerous animals shall be properly licensed and vaccinated. In addition, the city shall include a designation of potentially dangerous in the registration records of such animal, and the owner shall pay an annual potentially dangerous animal registration fee, in addition to the regular license fee. The fee shall be as set forth in a city resolution.

(e) A potentially dangerous dog shall be spayed or neutered, at the owner's expense, within ten days of a potentially dangerous animal determination. The owner shall provide a deposit in the amount of $500 to insure the spay or neuter of the animal which deposit shall be forfeited if the owner does not provide proof of the spay or neuter within the 30 day time period. In addition, the failure to have the animal spayed or neutered shall be considered a violation of this section.

(f) The owner of the animal shall be liable for all redemption fees incurred pursuant to § 92.14 of this chapter. Those fees shall be paid within six days of the decision of a hearing officer or court, and before the animal is released from the Animal Shelter. If the owner fails to pay those fees and redeem the animal from the Animal Shelter within six days of the decision of the hearing officer or court, the animal shall be deemed abandoned.

(E) Failure to meet requirements.

(1) Inspection. If all requirements for owners of potentially dangerous or vicious animals are not satisfied, or the owner is unable or unwilling to implement them, the animal shall be euthanized either by the Animal Shelter or by a licensed veterinarian. Proof of euthanasia shall be provided to an animal regulations officer within three days of its occurrence.

(2) An animal regulations officer is authorized to make whatever inspections he or she deems necessary to ensure compliance with these provisions.

(F) Notification of change of status. A potentially dangerous animal shall not be sold, bartered, given away, or placed in a new home without prior notification of and approval by an animal regulations officer. Any new owner must comply with the requirements of this section. If the animal in question dies, or is sold, transferred or permanently removed from the city where the owner or keeper resides, the owner of the potentially dangerous animal shall notify an animal regulations officer of the changed condition and new location of the animal in writing within two business days.

(G) Harboring a vicious animal as a misdemeanor. Disposition of vicious dogs through citation or criminal complaint; other rights not restricted.

(1) The keeping or harboring of a vicious animal, including a vicious dog, shall be considered a misdemeanor. As an alternative to filing a petition to have an animal declared vicious pursuant to this chapter, if an animal regulations officer has investigated and determined that there is probable cause to believe that an animal is vicious, the animal regulations officer may issue a misdemeanor criminal citation or may submit the case to the City Attorney for filing of a criminal complaint. Upon conviction for a violation of this section, the Court may order the destruction of the animal or any conditions to insure that the animal is confined to an enclosure and such other measures to keep the animal under physical control. The animal may be seized and impounded pending final disposition by the Court.

(2) Nothing in this chapter shall limit the right of any person or officer to take any proceedings against a potentially dangerous or vicious animal or the owner thereof otherwise permitted or provided by federal, state or local law, including the Municipal Code.

(H) Penalties for violation. Violations of this chapter or any orders from a Court, a hearing officer, or an animal regulations officer pursuant to this chapter shall be deemed misdemeanors. Such violations shall also carry civil penalties up to $1,000.

(Ord. 14-101, passed 7-8-2014)

(A) Prohibition on harboring animals which make excessive noise. No person shall keep, maintain or harbor, or cause or permit to be kept, maintained, or harbored, upon any premises within the city, any dog or animal which creates excessive noise. A violation of this section is a misdemeanor unless the City Attorney files the action as an infraction.

(B) Enforcement action. If an animal regulations officer determines upon investigation that there is probable cause to believe that the owner of the animal is maintaining an animal which creates excessive noise, the officer may take the following actions:

(1) First offenses. For first time offenses, the officer should issue a warning to the owner of the animal notifying the owner of the excessive noise complaint(s) and inform the owner of steps necessary to correct the problem and the consequences if the owner fails to take corrective steps.

(2) Second offenses. For second offenses, the officer should issue a first offense administrative citation or submit the matter to the City Attorney for enforcement.

(3) Third and subsequent offenses. For third and subsequent offenses, the officer should issue the next level administrative citation or submit the matter to the City Attorney for enforcement.

(4) Seizure and impoundment. The investigating officer may seize and impound an animal which is creating excessive noise. The owner of such animal shall be responsible for the costs of impoundment as provided for in § 92.14 of this chapter.

(C) Removal of animal from city. Upon a third sustained offense within an 18 month period, the animal making the excessive noise shall be deemed a public nuisance requiring the owner to permanently remove the animal from the city. A failure to remove the animal shall be a misdemeanor.

(Ord. 14-101, passed 7-8-2014)e

(A) Administration and authority. The City Manager is authorized to maintain or contract for animal shelter and related animal control services, subject to City Council approval.

(B) Entry on premises to seize and impound animals.

(1) Any animal regulations officer may enter upon private property without a warrant for the following purposes:

(a) When the officer has the express permission of the owner or occupant of the premises;

(b) When the officer has probable cause to believe that any rabid, injured, sick, abandoned, mistreated or neglected animal is present;

(c) When in pursuit of any animal at large in the city;

(d) To seize and impound a potentially dangerous or vicious animal in accordance with this chapter;

(e) When the officer has probable cause to believe that there exists in any building or upon any premises or property any condition which may be in violation of this chapter;

(f) When the officer observes a violation of this chapter occurring upon any building or upon any premises or property, or when entry on the building, premises or property is necessary to prevent a continuing violation of this chapter;

(g) When the officer is aiding with the execution of a search and/or seizure warrant;

(h) Upon exigent circumstances or for any other lawful reason.

(2) Before entering private property without the consent of the occupant, the officer shall make reasonable attempts to contact the occupant of the property, if possible.

(3) If none of the circumstances exists for entry on private property without a warrant, the officer shall obtain a warrant before entering private property.

(4) In no event shall entry on private property be more extensive than that necessary to seize the animal or to prevent further violations of this chapter or other animal regulation laws.

(5) Neither the animal regulations officer nor the city shall be liable for any damages from a reasonable entry.

(6) Nothing in this section shall prevent an animal regulations officer from entering private property during the performance of the officer's duties and under other legal authority.

(C) Obstructing officers unlawful. It is unlawful and shall be a misdemeanor for any person to willfully resist, delay or obstruct any animal regulations officer in the discharge or attempt to discharge any duty of his or her office.

(D) Applicability of state laws. Conflicts in the Municipal Code.

(1) Notwithstanding the provisions of this chapter, the provisions of the Cal. Food and Agricultural Code, Cal. Health and Safety Code, Cal. Penal Code, and Code of Regulations relating to animal health, control and care, and rabies control, shall apply when such provisions are more stringent than the provisions of this chapter.

(2) If a section elsewhere in the Municipal Code is in conflict with a provision of this chapter, the more stringent provision shall apply.

(E) Use of equipment to impound and firearms authorized. In performance of his or her duties, an animal regulations officer shall have the authority to employ the use of a tranquilizer gun and any animal-control equipment or device in common use within the state, necessary to take up and impound an animal.

(F) No liability of city. No liability shall be incurred by the city for the disposition of any animal made pursuant to the provisions of this chapter.

(G) Animal services fees. Fees will be charged for animal services and shall be as set forth in a city resolution.

(H) Cost recovery for animal and police services. When an animal regulations officer or Sheriff's officer responds to an animal at large, a menacing animal, or an animal creating excessive noise more than two times within a 48 hour period, the owner of the animal shall be liable for the cost to provide special services to respond to the animal at large, menacing dog or excessive noise. Charges shall include a reasonable charge for the officer's time, the actual cost of any equipment used or damaged, together with an additional 10% for administrative overhead. These charges shall be computed and a bill submitted to the owner of the animal. The bill shall be a debt owed to the city and a failure to pay that bill within 30 days is a violation of the Municipal Code. If the city is obligated to initiate litigation to recover this debt, the owner shall be liable for cost of suit, attorneys' fees, and cost of collection.

(I) Violations: penalties.

(1) Violations of this chapter shall be misdemeanors unless a particular section designates that a violation is an infraction. The City Attorney may file any violation of this chapter deemed a misdemeanor as an infraction. Each and every day a violation exists is a separate offense.

(2) The city may also pursue any other remedy, including issuing administrative citations and obtaining injunctions and abatement orders.

(J) Applicability. Except where specifically provided otherwise in this Code, this chapter shall provide the procedures, rules and standards for all administrative hearings provided under this Code or administrative hearings provided under rules or regulations promulgated pursuant to this Code.

(K) Rules and regulations. The City Manager may adopt rules, regulations, policies, and procedures, that are consistent with the intent or provisions of this chapter as may be necessary or desirable to aid in its administration or enforcement.

(L) Service of process. Service of any notice, hearing packet, or order under this chapter shall be by personal service or first class mail. The date of service shall be considered the date the notice, hearing packet or order was personally served or three days after the date of mailing.

(M) Filing a notice of appeal.

(1) Standing. A person who has a legal, existing interest in the property, right or entitlement subject to the city order, citation, decision or determination sought to be appealed from has standing and a right to appeal under this chapter. A notice of appeal that fails to show standing may be rejected as defective.

(2) Notice of appeal. Unless otherwise provided in this Code, a notice of appeal shall be filed in writing with the City Clerk within 15 calendar days after the service of the order, citation, decision, or determination appealed from the appeal shall contain the following:

(a) The name, address, and telephone number of the appellant;

(b) A statement describing the appellant's legal existing interest in the property, right or entitlement subject to the city order, citation, decision or determination sought to be appealed from;

(c) A brief description of the specific order, citation, decision, or determination being appealed;

(d) A statement of the relief sought;

(e) The reasons why such relief should be granted.

(3) Late appeals. Upon a showing of good cause, the hearing office may, in his or her discretion, permit the filing of an appeal, or an amended appeal, after 15 calendar days, in which case the appeal shall be considered in the same manner as if it had been timely filed.

(4) Defective notice of appeals. If, in the opinion of the City Clerk, the appeal or an amended appeal fails to comply substantially with the requirements of this section, the City Clerk may give written notice of such insufficiency to the appellant, stating with particularity the defects or omissions therein. Failure of the appellant to file an amended appeal within seven calendar days of the date of service of such notice of insufficiency shall constitute a waiver of the appeal. Failure of the City Clerk to give notice of any insufficiency within seven calendar days shall result in the appeal being heard on its merits, without regard to any insufficiency.

(5) Notice of hearing. Upon receipt of an appeal, or if notice of insufficiency is given in accordance with this section, upon receipt of an amended appeal within the time specified, the City Clerk shall cause on copy to be stamped indicated the date of receipt. The City Clerk shall set the appeal for hearing and shall give to the appellant and to the officer or employee whose order, citation, decision, or determination is being appealed not less than 15 calendar days written notice of the date, time, and place of hearing. The appellant may waive the 15 calendar days written notice, so long as said waiver is in writing and filed with the City Clerk. The notice of the hearing to the appellant shall include a statement as to the appellants' rights as provided in this chapter.

(6) Stay of proceedings. Unless otherwise provided by this Code, the filing of an appeal shall stay all proceedings in furtherance of the order, citation decision, or determination appealed from until the determination of the appeal as provided herein.

(N) Hearing officer authority.

(1) Inspection of premises. The hearing officer may inspect the premises involved in the hearing at any time prior to a decision, to investigate or confirm the existence of the violation(s) or conditions which are the subject of the appeal, provided that:

(a) Consent is granted by a person with the lawful right to grant consent or an inspection warrant is obtained;

(b) Reasonable notice of such inspection is given to the owner before the inspection is made;

(c) The parties are given an opportunity to be present during the inspection;

(d) The hearing officer shall place in the record the material facts and the conclusions drawn from the inspection either orally at the time of the hearing or in writing after the hearing; and

(e) Each party then shall have a right to rebut or explain the matters so stated by the hearing officer for the record either at the hearing or by filing a written statement within ten calendar days after the hearing.

(2) Oaths. The hearing officer shall have the power to administer oaths and affirmations.

(3) Procedures. The hearing officer shall have the authority to establish procedures before or during a hearing consistent with this chapter and the Code for purposes of efficiency and order.

(4) Review authority. The hearing officer shall sit as the trier of fact and shall rule on questions of law and admissibility of evidence. The hearing officer may affirm, reverse, modify, or set aside the order, citation, decision, or determination appealed from or may delete or impose conditions as the facts and law warrant. The hearing officer may not increase a penalty or impose a harsher remedy beyond the penalty or remedy imposed under the order, citation, decision or determination being appealed.

(5) Limitations. The hearing officer shall not have authority to waive any requirements of Code or law.

(O) Decision.

(1) Decision. Unless otherwise provided in this Code or agreed by the parties, within 15 days of the conclusion of the hearing, after the hearing officer has considered all evidence presented and the relevant standard of review, the hearing officer shall issue a written decision. The decision shall include a statement of the issues, findings of fact, a summary of the relevant evidence, and the order.

(2) Finality. Unless otherwise provided in the Code or the hearing officer's decision, the hearing officer's decision shall be a final agency action for purposed of writ of review.

(3) Effective. Unless otherwise provided in the Code or the hearing officer's decision, the decision shall be effective upon issuance.

(4) Notice of Code of Cal. Civil Procedure § 1094.6. All court action through decisions shall include a notice that the appellant has 90 days to pursue a petition for a writ of administrative mandamus of the decision under Cal. Code of Civil Procedure § 1094.6.

(Ord. 14-101, passed 7-8-2014)