Vernon Municipal Code Ch. 6.04 General Provisions

This title shall be known as, and may be cited and referred to as the "Animal and Vector Control Ordinance."

(Prior code § 10.1)

For the purpose of this title unless it is plainly evident from the context that a different meaning is intended, certain terms set forth herein are to be defined as follows:

"Animal"

includes any beast, bird, reptile, or fish.

"At large"

means an animal off the premises of its owner, whether on a public street, place, or way or on the private property of another person, unless such animal is confined by a strong leash not exceeding six feet in length securely and continuously held by a competent person, or within a vehicle.

"Cat or dog kennel"

means any lot, building, structure, enclosure, or premises whereupon or wherein four or more cats or dogs over four months of age are kept or maintained for any purpose, including places where cats or dogs are boarded, kept for sale, or kept for hire.

"Chief ACO"

means the person holding the office of Chief Animal Control Officer.

"City"

means the City of Vernon.

"Farm animal"

includes any ox, steer, bull, cow, calf, horse, sheep, goat, or any similar farm animal. Horse shall include mule, burro, pony, jack, hinny or jenny, or any foal thereof.

"Harborage"

means any condition which provides shelter or protection for vectors, nuisance pests, or other vermin thus favoring their multiplication and continued existence.

"Health Officer"

means the Director of Environmental Health of the City of Vernon.

"Impounded"

means taken or received into custody of any animal shelter pursuant to this title or any State statute.

"Nuisance pest"

means any dangerous insect, spider, or reptile whose bite, sting, or action can inflict injury, harm or distress to a person.

"Owner"

means any person owning, or having an interest in, or having control or possession of any animal.

"Rodents"

includes rats, mice and other rodents which may serve as hosts of diseases communicable to man, or which, by their filthy characteristics, are offensive to man.

"Vector"

includes rodents, fleas, flies, bedbugs, cockroaches, lice, mosquitoes, ticks, or other vermin which transmit pathogens.

"Vicious animal"

means any animal dangerous to a person or to another animal and shall include any dog having a disposition or propensity to attack or bite any person or another animal without provocation. If the official records of the City or the Chief ACO indicate a dog has bitten any person or another animal on two or more separate occasions, it shall be prima facie evidence that such dog is a vicious animal.

"Wild species"

means any wild, exotic, or dangerous nondomestic animal, including, but not limited to, mammals, fowl, fish or reptiles.

(Prior code § 10.2)

The office of the Chief Animal Control Officer (Chief ACO) is hereby established. The City Council shall appoint a qualified person to the position of the Chief ACO, or the City Council may contract for the performance of the duties of such office with a qualified person or legal entity. The City Council shall set the compensation and other terms of such office.

(Prior code § 10.3)

Whenever a power is granted to, or a duty is imposed upon the Chief ACO, the Health Officer, or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized pursuant to law, unless the Code expressly provides otherwise.

(Prior code § 10.4)

The Chief ACO and deputies are vested with the necessary police powers and duties of a police officer for the exclusive purpose of enforcing the provisions of this title, and it shall be the duty of each such officer to make arrests and issue citations for violations of any of the provisions of this title or other applicable law. Each such officer shall enforce all laws relating to the care, treatment, impounding or other condition of animals and to the prevention of cruelty to animals. In the exercise of said powers, the Chief ACO shall be under the general direction of the City Administrator, or designee.

(Prior code § 10.5)

The Health Officer and the Chief ACO shall have the power to collect the fees and to issue the animal licenses, permits, and tags prescribed in this title.

(Prior code § 10.6)

No person shall rescue or attempt to rescue any animal from the possession of the Chief ACO, the Health Officer, or a police officer nor interfere with the performance of their official duties.

(Prior code § 10.7)

The Chief ACO, the Health Officer or any police officer shall have the right to make an inspection to enforce the provisions of this title or other applicable law by entering into any building or upon any property within the City when such officer has reasonable cause to believe that there exists in any building and/or upon any property any violation of the provisions of this title or other applicable law; provided that:

A. If such building and/or property is occupied, such officer shall first present proper credentials to the occupant and request entry, explaining the reasons therefor; and if such building and/or property be unoccupied, such officer shall first make a reasonable effort to locate the owner thereof or other person having authority over the building and/or property and request entry, explaining the reasons therefor.

B. If entry into said building or upon said property is refused, such officer shall obtain an inspection warrant pursuant to the provisions of Code of Civil Procedure Section 1822.50, et seq., for the entry and inspection of said building and/or said property.

C. Notwithstanding the foregoing, if such officer has reasonable cause to believe that the building or property is hazardous, unsafe or dangerous as to require immediate inspection to safeguard an animal or the public health or safety, such officer shall have the right to immediately enter and inspect such building and/or property, and may use any reasonable means required to effect such entry and make such inspection.

(Prior code § 10.8)

Notwithstanding Section 6.04.080, the Chief ACO, the Health Officer or any police officer shall not be prohibited from entering upon any public or private property in the City for the purpose of capturing an animal running at large in violation of this title or other applicable law. Any person who denies or prevents, obstructs, or attempts to deny, prevent, or obstruct such capture is guilty of a misdemeanor.

(Prior code § 10.9)

No owner shall fail or refuse to exhibit the license, permit, or tag of any animal required to be registered by this title when required to do so by the Chief ACO, the Health Officer or any police officer.

(Prior code § 10.10)

The Chief ACO or Health Officer shall send a written notice of violation to any person failing to comply with the provisions of this title. Except as otherwise provided herein or by State law, a violation of this title is an infraction and upon a conviction thereof shall be punishable by a fine not to exceed $500.00.

(Prior code § 10.11)

Any person dissatisfied with the ruling of the Chief ACO or the Health Officer may, within 10 days thereafter, appeal from the notice of violation. If the Chief ACO or Health Officer is unable to resolve the matter, the appeal shall be submitted to the City Council. Such appeal shall be a simple statement in writing setting forth in common terms the basis of said appeal. An appeal fee in an amount set by resolution of the City Council shall be required for each appeal. No appeal shall be placed on the agenda of any meeting of the City Council until such fee has been paid.

(Prior code § 10.12)

The amount of any license or permit fees or any penalty imposed by this title shall be deemed a debt to the City and any owner keeping any animal without having obtained a license or permit from the City shall be liable to an action in the name of the City in any court of competent jurisdiction for the amount of the such fees and penalties. The Chief ACO or the Health Officer shall have the authority to cause a complaint to be filed against any owner violating any of the provisions of this title. Such action shall be cumulative and shall not be deemed a bar to, or a waiver of, the right of the City to prosecute a civil or criminal action for a violation of this title.

(Prior code § 10.13)