Wildomar Municipal Code Ch. 6.16 Dogs and Cats

Whenever, in this chapter or in any resolution or standard adopted by the City Council pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent from the context thereof that some other meaning is intended.

"Animal rescuer"

means any individual who routinely obtains a dog or cat from the rightful owner of the animal, or any animal from an animal shelter that has been retained in accordance with this chapter.

"Animal Services Director"

means the Director of the Department of Animal Services of the City or duly authorized representative.

"At large"

means any dog which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by a leash of a size and material appropriate to the size and temperament of the dog and which is held by a person capable of restraining such dog, or is not otherwise physically restrained by some other device or instrumentality, except that such device or instrumentality shall not include voice control, eye control or signal control of the dog by any person, device or instrumentality.

"Cattery"

means any building, structure, enclosure or premises whereupon, or within which, 10 or more cats, four months of age or older, are kept or maintained.

"Class I kennel"

means any building, structure, enclosure or premises whereupon, or within which, five to 10 dogs, four months of age or older, are kept or maintained.

"Class II kennel"

means any building, structure, enclosure or premises whereupon, or within which, 11 or more dogs, four months of age or older, are kept or maintained.

"Community"

means any public entity which is authorized by law to regulate and control dogs or cats or both.

"Exigent circumstances"

means circumstances in which the officer, in his or her reasonable judgment, determines that a life threatening or serious injury may occur if immediate action is not taken, i.e., animal may die if not immediately transported to a veterinarian, or animal may bite and seriously injure a human or animal if not immediately impounded, or animal may die if officer does not immediately enter property and rescue, etc.

"Exotic animal"

is defined as any animal which is not normally domesticated in the United States including, but not limited to, any lion, tiger, bear, non-human primate (monkey, chimpanzee, etc.), wolf, coyote, cougar, bobcat, ocelot, wildcat, skunk, boa, python, reptile, amphibian, bird, or venomous snake, irrespective of its actual or asserted state of docility, tameness or domesticity.

"Guide dog"

means any dog trained or being reared, trained or used for the purpose of guiding a blind person.

"Health officer"

means the health officer of the City or duly authorized representative.

"Hybrid animal"

means any 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 of California.

"Impounded"

means having been received into the custody of any animal control center, animal control officer, animal control vehicle, or peace officer duly authorized by the City to receive such animal.

"Person"

means any individual, firm, partnership, joint venture, corporation, association, club or organization.

"Public entity"

means any state, or any political subdivision, municipal corporation profit or nonprofit or agency thereof.

"Sentry dog"

means any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog."

"Service dog"

means any dog being reared, trained or used for the purpose of fulfilling the particular requirements of a physically disabled person, including but not limited to minimal protection work, rescue work, pulling a wheelchair or fetching dropped items.

"Signal dog"

means any dog trained or being reared, trained or used for the purpose of alerting a deaf person or a person whose hearing is impaired, to intruders or sounds.

"Unaltered and unspayed"

means a condition that exists in an animal which permits the producing of offspring. A dog or cat that has not been spayed or neutered.

"Unlicensed dog"

means any dog for which no valid license is currently in force.

"Vaccination"

means an inoculation against rabies of any dog or cat, four months of age or older, with any vaccine prescribed for the purpose by the California Department of Health Services.

"Veterinarian"

means a person holding a currently valid license to practice veterinary medicine issued by the State of California pursuant to Chapter 11 of the California Business and Professions Code.

"Vicious dog/vicious cat"

means any dog or cat which has bitten a person or animal without provocation or direction or which has a disposition or propensity to attack or bite any person or animal without provocation or direction.

(Ord. 18 § 2, 2008, RCC § 6.08.010)

A. Except as provided in Section 6.16.050(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 health officer 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 health officer. The veterinarian shall keep one copy, shall give one copy to the owner of the vaccinated dog and shall send one copy to City animal control.

D. The health officer 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 license fee specified in subsection F of this section; 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 a dog has a shortterm 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 health officer. Such request shall specify the duration of the requested deferral, the reason for the requested deferral, and shall be signed by a veterinarian. The health officer 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 F of this section. 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 health officer 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 following fees:

1. License valid for one year from date of issuance, for each sterile dog, accompanied by a certificate signed by a veterinarian that said dog is permanently unable to reproduce: $8.00.

2. License valid for one year from date of issuance, for each dog to which the provisions of subsections (F)(1) and (7) of this section are not applicable: $50.00.

3. License valid for two years from date of issuance, for each sterile dog, accompanied by a certificate signed by a veterinarian that the dog is permanently unable to reproduce: $15.00.

4. License valid for two years from date of issuance, for each dog to which the provisions of subsections (F)(3) and (8) of this section are not applicable: $100.00.

5. License valid for three years from date of issuance, for each sterile dog, accompanied by a certificate signed by a veterinarian that the dog is permanently unable to reproduce: $19.00.

6. License valid for three years from date of issuance, for each dog to which the provisions of subsections (F)(5) and (9) of this section are not applicable: $150.00.

7. License valid for one year from 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 that the dog is permanently unable to reproduce: $6.00.

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 that the dog is permanently unable to reproduce: $7.00.

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 that the dog is permanently unable to reproduce: $8.00.

10. Dangerous animal registration: $100.00 per year.

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 that 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 health officer 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 of $20.00; a late fee for an altered dog owned by a senior citizen is established at $15.00.

K. Whenever a dog validly licensed under this chapter shall have died more than three months before the expiration date of the license, the owner of such dog may return the license tag to the health officer, accompanied by a statement signed by a veterinarian or a declaration signed under penalty of perjury by the owner, indicating that such dog is dead and specifying the date of death. In such event, the license shall be canceled and a pro-rata credit of the license fee by full calendar quarters of the original license period remaining after the death of the dog may be applied during said remaining period to the license fee for another dog acquired by the same owner.

L. Upon transfer of ownership of any dog validly licensed under this chapter, the new owner shall notify the health officer of such transfer within 30 days of such transfer, on a form prescribed by the health officer, accompanied by a transfer fee of six dollars.

M. Notwithstanding the provisions of subsection A of this section, 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 be deemed valid for a period of one year from the date such person moves into the City or on the date of expiration of the license issued by such other community, whichever is earlier. If an application for a license from the health officer 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 of $20.00.

N. If a valid license tag is lost or destroyed, a duplicate thereof may be procured from the health officer upon submission to the health officer 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 of six dollars.

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

P. 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.

(Ord. 18 § 2, 2008, RCC § 6.08.020)

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 in the City.

(Ord. 18 § 2, 2008, RCC § 6.08.030)

An owner of a cat may be issued a license and tag for such cat upon presentation to the health officer of a certificate of vaccination signed by a veterinarian certifying that such a cat has been vaccinated, and upon the payment of a license fee of nine dollars. The license shall be valid for the period of immunity indicated in the certificate of vaccination.

(Ord. 18 § 2, 2008, RCC § 6.08.040)

A. No person shall operate or maintain a kennel or a cattery as those terms are defined in Section 6.16.010 without first obtaining an appropriate license therefor from the health officer. Such license shall be valid for a period of either one or two years from the date of issuance, except that the health officer may, in his or her discretion, limit the duration of the license to one year when he or she deems such limitation to be appropriate. The license shall be renewed within 30 days after the date of expiration. Where a kennel license has been issued and is in effect, the dogs contained in such kennel shall be exempt from the requirements of individual license tags as provided in Section 6.16.020(A). The kennel license fees, and late fees if an application for a license is made more than 30 days after the date such license is required, shall be as follows:

1. Kennel License (One-Acre Minimum).

2. Cattery License (One-Acre Minimum).

B. Application for a kennel or cattery license shall be filed with the health officer on a form prescribed by him or her not later than 10 days after obtaining written verification from the Planning Department that the operation of the kennel or cattery is in compliance with the applicable provisions of Title 17. The application form, when completed, shall contain such information as may reasonably be required by the health officer for the purposes of enforcement of this chapter, including but not limited to the current home telephone number of the caretaker of the subject kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent from the subject kennel or cattery. Where a kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel or cattery may be maintained and operated on such premises shall be submitted to the health officer at the time the application for the kennel or cattery license is submitted.

C. After receipt of a kennel or cattery license application, the health officer shall make an inspection of the premises of the kennel or cattery for which a license is requested. No kennel or cattery license shall be issued nor shall any such license be renewed, unless and until the kennel or cattery, in the opinion of the health officer, satisfies the applicable laws and regulations of the State of California, applicable City ordinances, and the applicable conditions set forth in the standards for kennels and catteries adopted by resolution of the City Council. Notwithstanding any other provision of this chapter, the health officer or Planning Director may, in their respective discretion, limit the numbers of dogs or cats over the age of four months which are kept or maintained in any kennel or cattery, and such limitation may be imposed at such time as an application for an initial kennel or cattery license is considered or at such time as an application for renewal of a kennel or cattery license is considered.

D. Notwithstanding any other provision of this chapter, the health officer is authorized to enter upon and inspect the premises of any kennel or cattery located in the City for the purpose of determining whether such kennel or cattery is in compliance with the provisions of this chapter and the standards for kennels and catteries referred to in subsection C of this section. As a condition of the issuance of a kennel or cattery license, each owner and operator of a kennel or cattery shall agree to allow such entry and inspection and such agreement shall be made a part of the license application. Such inspections shall be made during reasonable hours at times when the owner or operator of the kennel or cattery is present on the kennel or cattery premises, and with such frequency as the health officer shall deem appropriate, and such inspections may, at the discretion of the health officer, be made without prior notice to the owner or operator of the subject kennel or cattery. Wilful refusal on the part of a kennel or cattery owner or operator to allow such inspection shall be grounds for summary denial of an application for a kennel or cattery license or for summary suspension or revocation of a kennel or cattery license.

E. A nonprofit corporation formed pursuant to the provisions of the California Corporations Code commencing with Section 10400, for the prevention of cruelty to animals, shall not be required to pay a fee for the licenses required by subsection A of this section; provided, however, that all other provisions of Section 6.16.020(B) and this section shall be applicable to any such nonprofit corporation.

F. Notwithstanding the provisions of subsection C of this section and Section 6.16.070(A), a kennel or cattery which is in operation on April 4, 1987 and for which on such date there is in effect a current and otherwise valid license issued prior to such date, shall, for a period of 20 years from this date, be required to comply only with those requirements for licensure and operation other than license fees as were required for such kennel or cattery under Riverside County Ordinance 455; provided, however, that where there occurs a transfer of ownership of such kennel or cattery five years or more after this date, such kennel or cattery shall, upon such transfer of ownership, be required to comply with the requirements for licensure and operation specified in this chapter. The license fees for a kennel or cattery described in the first sentence of subsection F of this section during the period such kennel or cattery is permitted, pursuant to said subsection F, to operate under the requirements of Riverside County Ordinance 455 shall be as follows:

1. For a kennel for which a current and otherwise valid noncommercial or commercial kennel license is in effect on and was issued by the health officer prior to April 4, 1987, the license fee shall be the same fee as is provided in this chapter for a kennel having the same number of dogs, and no individual licenses shall be issued for such dogs.

2. For a cattery for which a current and otherwise valid commercial cattery license is in effect on and was issued by the health officer prior to April 4, 1987, the license fee shall be the same fee as is provided in this chapter for a cattery.

G. A violation of this section shall be punishable as follows:

1. Any person violating any provision of this section shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this section is committed, continued or permitted.

2. Any person convicted of a violation of this section shall be: (a) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (b) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation on the same site. The third and any additional violations on the same site shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.

3. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person from the responsibility for correcting the violation.

(Ord. 18 § 2, 2008, RCC § 6.08.050)

A. Any person engaged in the rescue of animals shall first obtain a rescue permit from animal control and shall meet all requirements for a kennel/cattery license.

1. For a rescuer maintaining seven to 10 dogs on a parcel one-half acre to one acre in size the rescuer shall obtain a Class I kennel/cattery license.

2. For a rescuer maintaining 11 or more dogs/cats, a Class II kennel/cattery license is required, and the minimum land requirement shall be one acre.

B. The fee for a kennel/cattery permit as a rescue facility shall be as follows:

1. Twenty-five dollars for up to six dogs on a parcel one-half acre to one acre; $15.00 late fee.

2. One hundred percent of the applicable kennel license permit fee in those cases where a Class I or II kennel permit is otherwise required.

C. An animal rescuer may keep a maximum of four personal (not for adoption or sale) dogs and nine personal (not for adoption or sale) cats and must include these animals as "personal pets" on the animal rescue permit application. In those cases where the person occupies from one-half acre to one acre, up to six dogs may be kept on the premises.

D. Personal dogs (not for adoption or sale) shall be individually licensed in accordance with this chapter.

E. A permitted rescuer obtaining animals from a shelter facility pursuant to Section 6.16.110(G) shall not be subject to the payment of impound fees and charges specified in Section 6.16.110(A), but shall be subject to the spay/neuter deposit specified in Section 6.16.120(A).

F. All rescued dogs and rescued cats older than four months must be spayed/neutered prior to releasing to an adopting party. In any event, the animal must be altered within 30 days of receipt by the rescuer.

G. Accurate and complete records of all animals shall be maintained by the animal rescuer on forms which will be made available to animal control for inspection upon request.

H. An animal rescuer may recoup, from the adopting party, the cost of any inoculations, the cost incurred by having the animal altered prior to adoption, and any costs related to the treatment of illness or injury.

I. Administration of the animal rescue program shall be the responsibility of the Animal Services Director who shall have the authority to issue and revoke animal rescue permits.

(Ord. 18 § 2, 2008, RCC § 6.08.060)

A. The health officer may, in his or her discretion, deny any application for a kennel or cattery license whether such application is for an original license or renewal of a license, and may suspend or revoke any kennel or cattery license if he or she finds that a kennel or cattery fails to meet any or all of the standards for kennels and catteries referred to in Section 6.16.050(C) or is in violation of any law of the State of California or any provision of this chapter, any provision of any other City ordinance or provision of a conditional use permit.

B. When such denial, suspension or revocation occurs, the health officer shall prepare a written notice of such denial, suspension or revocation which shall contain a brief statement of the reason or reasons for such denial, suspension or revocation. The health officer shall serve such notice upon the applicant or licensee by hand-delivery or by registered or certified mail, postage prepaid, return receipt requested. Denial, suspension or revocation shall be effective 30 days after service of such notice. Where an application for a kennel or cattery license is denied or where a kennel or cattery license issued pursuant to this chapter is revoked, no application for a new license for such kennel or cattery shall be considered for a period of one year from the effective date of such denial or revocation; provided, however, that for good cause shown the City Council may direct that there be a lesser period of time before such application will be considered.

C. Any person whose application has been denied or whose license has not been renewed, or whose license has been suspended or revoked, may appeal such denial, non-renewal, suspension or revocation by filing with the City Clerk within 15 days after notice of such denial, suspension or revocation, a written notice of appeal briefly setting forth the reasons why the appellant alleges such denial, nonrenewal, suspension or revocation is improper. Within five days of the receipt by the Clerk of such notice of appeal, the Clerk shall set a hearing date for the appeal and shall give written notice of the date, time and place of such hearing to the appellant, and such notice shall be sent by registered or certified mail, postage prepaid, return receipt requested. The date of hearing shall be not less than 20 days from the date of mailing of the notice of the date, time and place of the hearing, and the hearing shall be conducted not later than 45 days from the date of mailing of the notice of denial, nonrenewal, suspension or revocation; provided, however, that at the request of the appellant, the City Clerk may extend the hearing date for a reasonable period beyond the aforementioned 45-day limit. The appeal shall be heard by the City Council which may affirm, modify or reverse the denial, nonrenewal, suspension or revocation. In conducting the hearing, the City Council shall not be limited by the technical rules relating to evidence and witnesses, as applicable in courts of law. To be admissible, evidence shall be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs.

D. During the pendency of the appeal, there shall be in effect an automatic stay of the denial, nonrenewal, suspension or revocation; provided, however, that during the period of pendency the health officer may take such action as he or she deems appropriate under this chapter or any other provision of law respecting the subject kennel or cattery, including but not limited to the abatement of public nuisances, inspection of the kennel or cattery premises, or the prosecution of any violation of this chapter or any other provision of law not related to the failure of the subject kennel or cattery to be currently and otherwise validly licensed.

(Ord. 18 § 2, 2008, RCC § 6.08.070)

A. It is the duty of all City peace officers to cooperate with and assist the health officer, Environmental Health Director and the Animal Service Director in the enforcement of the provisions of this chapter, and in the enforcement of California State law relating to the regulation, care and/or keeping of animals, and such peace officers and the Animal Service Director/designee shall be empowered to:

1. Receive, take up and impound any dog or other animal found running at large in violation of this chapter, of any other ordinance or of any law of the State of California;

2. Issue a warning notice for, citation for, or investigate any violation of any provisions of any City ordinance or California law regarding the care or keeping of animals;

3. Investigate whether a dog is licensed in compliance with the requirements of this chapter;

4. Seize and impound any animal as authorized by this chapter or any other ordinance or state law. When the animal to be taken or seized is located inside a private residence or in its curtilage, a judicial order directing seizure of the animal shall, absent exigent circumstances, be obtained prior to seizure;

5. Regularly and adequately feed, water and otherwise care for any animals impounded under the provisions of this chapter, other ordinances or state law, or to provide for such feeding and/or watering and care;

6. Follow the provisions of Chapter 6.20 in humanely destroying or giving emergency care to sick or injured animals.

B. Any peace officer, City of Wildomar animal control officer, the Animal Service Director, the Environmental Health Director, or the health officer charged with the responsibility for enforcement of the provisions of this chapter, or other ordinance or state law governing animals may arrest a person without warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed an infraction or misdemeanor in his or her presence, or a felony which is in violation of this chapter or other ordinance governing animals or California law regulating the care and/or keeping of animals.

C. In any case in which a person arrested does not demand to be taken before a magistrate: (1) regarding any infraction, such officer or employee making the arrest shall prepare a written notice to appear and shall release the person on his/her promise to appear, as prescribed by Section 853.5 of the California Penal Code; (2) regarding a misdemeanor, such officer or employee may prepare a written notice to appear and may release the person on his or her written promise to appear, as prescribed by California Penal Code Section 853.6.

(Ord. 18 § 2, 2008, RCC § 6.08.080)

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

B. Notwithstanding any provision in this chapter relating to entry upon private property for any purpose under this chapter, no such entry may be conducted: (1) without the express or implied consent of the property owner or the person having lawful possession thereof; (2) unless an inspection warrant has been issued and the entry is conducted in accordance with California Code of Civil Procedure, Sections 1822.50 through 1822.56(3), inclusive; or except as may otherwise be expressly or impliedly permitted by law.

(Ord. 18 § 2, 2008, RCC § 6.08.090)

In the interest of public health and safety, it shall be lawful for any person to take up, in a humane manner, any dog running at large in violation of this chapter and to promptly deliver such dog to the Animal Service Director.

(Ord. 18 § 2, 2008, RCC § 6.08.100)

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

1. For the first impoundment within a 12-month period, $40.00 plus a $12.00 boarding fee for each day of impoundment. If the animal is unaltered and the owner provides proof of spaying or neutering within 60 days of payment of the above fees, the $40.00 impound fee shall be refunded; or if the animal is impounded in a facility where spay/neuter surgeries are performed, and the owner pays for and has the surgery performed before the animal leaves the facility, the impound fee of $40.00 shall be waived.

2. For the second impoundment within a 12-month period, $60.00 plus a $12.00 boarding fee for each day of impoundment. If the animal is unaltered and the owner provides proof of spaying or neutering within 60 days of payment of the above fees, the $60.00 impound fee shall be refunded; or if the animal is impounded in a facility where spay/neuter surgeries are performed, and the owner pays for and has the surgery performed before the animal leaves the facility, the fee of $60.00 shall be waived.

3. For the third or subsequent impoundment within a 12-month period, $100.00 plus a $12.00 boarding fee for each day of impoundment. If the animal is unaltered and the owner provides proof of spaying or neutering within 60 days of payment of the above fees, the $100.00 impound fee shall be refunded; or if the animal is impounded in a facility where spay/neuter surgeries are performed, and the owner pays for and has the surgery performed before the animal leaves the facility, the impound fee of $100.00 shall be waived.

4. 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% of the applicable impoundment fee specified in this chapter plus $12.00 for each day of impoundment.

B. The fee for destruction and disposal of any dog, cat, or small animal in accordance with any provision of this chapter, shall be $25.00.

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. Any officer acting under the provisions of this chapter and impounding a licensed dog pursuant to Section 6.16.080 of this chapter or a licensed cat, shall give written notice by first class mail, postage prepaid, to the last known address of the owner, of the impounding of such dog or cat. If such dog or cat is not redeemed within 10 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 subsection G of this section, or shall destroy such dog or cat.

E. Upon impounding an unlicensed dog pursuant to Section 6.16.080 of this chapter or an unlicensed cat, the officer shall give notice to the owner, if the owner and his or her whereabouts are known, of the impounding of such dog or cat. If such dog or cat has not been redeemed within five days of the giving of such notice, the officer shall dispose of such dog or cat in accordance with the provisions of subsection G of this section, or shall destroy such dog or cat. For the purpose of this subsection, the notice specified herein shall be given in the manner determined by the officer as expedient under the circumstances.

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, providing 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 his or her 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 and the spay/neuter deposit fee specified in Section 6.16.120(A) of this chapter, 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 this subsection shall not be subject to the payment of the impound fees and charges specified in subsection A of this section, but shall be subject to the spay/neuter deposit specified in Section 6.16.120(A) of this chapter.

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 of $30.00.

J. Animal control officers picking up owned animals at the request of the owner, shall collect a fee of $30.00 from the owner.

K. Animal control officers investigating and authorizing a home quarantine shall collect a fee of $50.00 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 of $20.00 for the first five days and two dollars per day for each additional day after the fifth day. A fee of $90.00 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 of five dollars per day in addition to the regular daily boarding fee.

N. The hourly rate for the recovery of administrative cost associated with the recoupment of enforcement costs, as provided in Section 6.16.210 shall be $53.00.

O. The fee for a microchip identification device shall be included in the cost of adoption, when adopting an animal from a City animal shelter and $15.00 per animal for all others.

P. For the taking up of animals after normal business hours, $90.00 per hour. This after hours' fee is 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 and deworming, micro-chipping, spay or neutering (if required) and adoption charges. The adoption fee shall be $75.00 for any cat and $95.00 for any dog. For senior citizens 60 years of age or older, the adoption fee shall be $45.00 for any cat and $65.00 for any dog. The flat-rate adoption fee may be waived at the discretion of the health officer or his/her designee, to eliminate the euthanasia of adoptable dogs and cats. Twenty-five percent of the flat-rate adoption fee may be waived if the animal is adopted by the foster care provider currently providing care for the animal.

(Ord. 18 § 2, 2008, RCC § 6.08.110)

A. No person shall be permitted to adopt or purchase any dog or cat which has not been spayed or neutered, from any public animal shelter, society or organization, unless and until a deposit in the amount of $30.00 per cat and $40.00 per dog has been paid by the adopting person or purchaser to the shelter, society or organization from which the subject dog or cat is being adopted or purchased, with the exception that when a female or her offspring are adopted or purchased by one person, only a single such deposit shall be required.

B. Upon the presentation to the health officer of a written statement or receipt from a veterinarian that such adopted or purchased dog or cat has been spayed or neutered, all but five dollars of such deposit as is specified in subsection A of this section shall be refunded to the person who paid the deposit.

C. Notwithstanding the provisions of subsection B of this section, any dog or cat over four months of age at the time it is adopted or purchased, shall be spayed or neutered within 30 days of the date of adoption or purchase or the deposit provided in subsection A of this section shall be deemed unclaimed and nonrefundable unless an extension, for good cause, is granted by the health officer. The adopter or purchaser must present proof of spaying or neutering within 60 days of obtaining the proof or the deposit shall be deemed unclaimed and nonrefundable. Whenever possible, animals will be altered prior to adoption.

D. Notwithstanding the provisions of subsection B of this section, any dog or cat under the age of four months at the time it is adopted or purchased, shall be spayed or neutered before reaching five months of age or the deposit provided in subsection A of this section shall be deemed unclaimed and nonrefundable unless an extension, for good cause, is granted by the health officer. The adopter or purchaser must present proof of spaying or neutering within 60 days of obtaining the proof or the deposit shall be deemed unclaimed and nonrefundable.

(Ord. 18 § 2, 2008, RCC § 6.08.120)

A. Authority for Clinics. The health officer is authorized and directed to establish clinics at which members of the public who are residents of the City of Wildomar 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 dogs or cats for the above service shall sign a consent form certifying thereon under penalty of perjury that they are the owner of the animals 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 Department 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 department shall establish a return date by which persons submitting animals for the above operation shall pick up said animals or be subject to reasonable Council 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.

D. Fees for Spay and Neuter Services. The fees for spay and neuter services at clinics established by the health officer shall be as follows:

1. Any dog: $50.00;

2. Any cat: $25.00.

The above spay and neuter fees will be included in the flat-rate adoption fee at the time of adoption if the dog or cat is adopted from a City animal shelter.

(Ord. 18 § 2, 2008, RCC § 6.08.130)

A. It is unlawful for the owner or person in charge of any dog, whether licensed or unlicensed, to permit such dog to run at large.

B. It is unlawful for any person to keep or allow to be kept, or suffer or permit any dog to remain upon the premises under the control of such person, when such dog habitually barks, whines or makes loud or unusual noises in such a manner as to disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking or howling or other sound or cry interferes with any person of ordinary sensitivity in the reasonable and comfortable enjoyment of life and property.

(Ord. 18 § 2, 2008, RCC § 6.08.140)

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 10 days in a 30-day period. 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 Department of Environmental Health.

(Ord. 18 § 2, 2008, RCC § 6.08.150)

A. If it shall appear to the health officer that any animal has rabies, the health officer may destroy such animal forthwith, or may hold such animal for further examination or observation for such time as the health officer 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 health officer, and shall immediately confine the animal and maintain that confinement until it is established, to the satisfaction of the health officer, that such animal does not have rabies. The health officer 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 health officer, 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 health officer, quarantine such animal and keep it confined at the owner's expense for a minimum period of 10 days for dogs and cats and 14 days for all other animals, and shall allow the health officer to make an inspection or examination of such animal at any time during such period of quarantine. Animals quarantined pursuant to this subsection shall not be removed from the premises upon which such animal is quarantined without permission of the health officer. The health officer is 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 this subsection shall remain under quarantine until notice is given by the health officer that such quarantine is terminated.

D. The health officer may, at his or her 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 health officer.

E. Whenever the health officer shall determine that an epidemic of rabies exists or is threatened, the health officer 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 health officer 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 health officer 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 health officer may determine and declare.

F. No person shall bring a dog into the City of Wildomar from any city, state or country in which a reported case of rabies exists or has existed within the preceding 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 hereby imposed to continue until released by the health officer, 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. 18 § 2, 2008, RCC § 6.08.160)

A. Any person who within the City, or any business entity or other organization located in or doing business in the City, 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 an announcement or flyer with 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 or more of age);

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

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. A violation of this section shall be punishable as follows:

1. For a first violation, the owner shall be subject to a $100.00 fine. This fine may be waived and the citation dismissed if within 30 days after receiving the citation the party has had the mother animal spayed and has provided proof of the spaying to animal control.

2. For a second violation, the owner shall be subject to a $200.00 fine.

3. For any subsequent violation, the owner shall be subject to a $400.00 fine.

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

E. 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.

F. Fifty percent of all fees collected pursuant to this section may be used for the general costs of City animal control. The remaining 50% of all such fees shall be placed in a separate fund to be used exclusively for low-cost spay and neuter services and education related to the benefits of spaying and neutering.

(Ord. 18 § 2, 2008, RCC § 6.08.170)

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

(Ord. 18 § 2, 2008, RCC § 6.08.180)

A. The Animal Services Director 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 Animal Services Director 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. 18 § 2, 2008, RCC § 6.08.190)

A. Any person violating any of the provisions of this chapter shall be guilty of an infraction, unless otherwise stated in this chapter, 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;

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.

B. Persons receiving a citation for any infraction resulting from a violation of this chapter, may choose to clear the citation within 10 days, thereby avoiding a visit to court and a potentially higher court fine, by demonstrating their compliance to the Animal Service Director through their written, signed agreement and paying an administrative fee of $60.00 to City animal control.

C. 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 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 such fine and imprisonment.

D. 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 Animal Services Director, in writing, their intent to comply with the order and paying an administrative fee of $50.00 to City animal control.

(Ord. 18 § 2, 2008, RCC § 6.08.200)

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:

A. Records of Costs. The Department of Environmental Health shall maintain records of all administrative costs, incurred by the Department 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.

B. 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 Department of Environmental Health 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 Department'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:

C. Summary of Costs. At the conclusion of the case, the Department of Environmental Health 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:

D. 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 Director of the Department of Environmental Health or designee on his or her objections to the proposed costs in accordance with the procedures set forth herein.

E. Request for Hearing. A request for hearing shall be filed with the Department within 10 days of the service by mail of the Department's summary of costs, on a form provided by the Department. Within 30 days of the filing of the request, and on 10 days written notice to the violator and/or owner, the Director or designee shall hold a hearing on the violator and/or owner's objections, and shall determine the validity thereof.

F. Recovery of Costs. In the event that: (1) no request for hearing is timely filed; or (2) after a hearing the Director of the Department of Environmental Health or 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 Director or designee. These costs shall be recoverable in a civil action in the name of the City in any court of competent jurisdiction.

G. Director's Decision. In determining the validity of the costs, the Director or 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.

H. Appeal. The decision of the Director or designee may be appealed by filing a written notice of appeal with the City Clerk within 10 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 Director. 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 Department 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. 18 § 2, 2008, RCC § 6.08.210)

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 Animal Services Director and any City 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 Animal Services Director, 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 10 working days prior to the impoundment or abatement or both pursuant to subsection A of this section, the owner or custodian of the subject dog, cat, or other identified animal shall be notified by the Animal Services Director, 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 C of this section.

C. When, in the opinion of the Animal Services Director, 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 Animal Services Director, 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 B of this section. 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 Animal Services Director personally or by a designee who shall not have been directly involved in the subject action. Hearings shall be held not more than 10 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 Animal Services Director deems such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance. Within 10 days after the conclusion of the hearing, the Animal Services Director shall render, in writing, his or her 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 B of this section.

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. 18 § 2, 2008, RCC § 6.08.220)

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

(Ord. 18 § 2, 2008, RCC § 6.08.230)

At the discretion of the Animal Services Director, the impoundment fees recoverable under Section 6.16.110 may be waived by the Animal Services Director based upon indigent circumstances of the owner of the impounded animal that are verified by the Department of Animal Services so long as the animal is being kept and maintained in accordance with all other provisions of this chapter, City ordinances, and state law.

(Ord. 18 § 2, 2008, RCC § 6.08.240)