HomeMy WebLinkAboutAGENDA REPORT 2005 1207 CC REG ITEM 09ArrEM 4 A.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
l
FROM: Mary K. Lindley, Parks, Recreation, and Communityl'
Services Director
DATE: November 17, 2005 (Meeting of December 7, 2005)
SUBJECT: Consider an Ordinance Amending Title 6 of the
Moorpark Municipal Code, Animal Regulations
DISCUSSION
At its meeting on November 2, 2005, the Council considered
an Ordinance amending Title 6 of the Moorpark Municipal
Code, Animal Regulations. The purpose of the proposed
Ordinance is to update the Code to reflect current
procedures and services, as well as to clarify the City's
intent.
At the November 2 meeting, the Council directed staff to
make further clarifications to the two sections of the
proposed ordinance that address resolution and enforcement
of noisy animal complaints. With the assistance of the City
Attorney, the following changes were made:
Noisv Animals
The Section (renumbered section 6.08.010) titled
"Enforcement by City Animal Compliance Officers" was
added to better identify the process that can be used
by the City's Animal Compliance Officers to cite code
violations they witness. If an individual calls with a
complaint, including a noisy animal, and the
compliance officers witness the complaint and verify
that said complaint is a code violation, they can
cite. In responding to complaints about noisy animals,
the officer will consider the following:
0001"6 9
Honorable City Council
December 7, 2005
Page 2
• The nature, volume, and frequency of
the
barking or other noise;
• The time or times of day when the noise
is
heard by the complaining parties;
• The apparent reasons or provocations for
the
dog or other animal to emit the noise,
if
any;
• The location or locations on the property
where the dog or other animal is kept;
• The proximity of the complaining party
to
the noise;
• The manner in which the dog or other animal
is kept; and
• The number of persons complaining about
the
barking or other noise.
As stated in the November 2, 2005, Agenda Report, the
City's Animal Compliance Officers make it a practice
to work cooperatively with the parties in a noisy
animal complaint to find a mutually satisfactory
resolution to the matter. They go out of their way to
make personal contact with both parties and to
identify solutions that each party can live with.
Animal Nuisances
The process for addressing animal nuisances was moved
from Chapter 6.08 to a new chapter (Chapter 6.09 -
Animal Nuisance Procedures). Separating animal
nuisance from the noisy animal makes each procedure
easier to read and better differentiates one from the
other. Section 6.09.010 (Animal Nuisance) serves to
summarize the animal nuisance procedures. Revised
section 6.09.030 (B) better describes how to file a
nuisance complaint involving a noisy animal.
Additionally, as requested by the Council, the legislative
formatting in the original proposed ordinance has been
removed, since it gave the appearance that a majority of
the current ordinance was being amended. The only items now
shown in legislative format are the changes made pursuant
to the Council direction of November 2.
M: \MLindley \Vector Animal Reg \animal compliance ord ccagda 12- 7- 05.doc 010 01'"3-1
Honorable City Council
December 7, 2005
Page 3
STAFF RECOMMENDATION
Introduce Ordinance No. for first reading, waive full
reading, and schedule second reading and adoption for
December 21, 2005.
Attachments: Exhibit 1 - Proposed Ordinance
Exhibit 2 - September 21, 2005, Agenda Report
w/o attachments
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Exhibit "1"
TITLE VI ANIMAL REGULATIONS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, REPLACING TITLE VI, ANIMALS, OF
THE MOORPARK MUNICIPAL CODE
WHEREAS, the City Council wishes to update its animal
regulations to reflect current conditions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Title VI, Animal Regulations, of the Moorpark
Municipal Code is hereby amended in its entirety to read as
shown in Attachment "A ".
SECTION 2. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of
original ordinances of said City; shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark Star
a newspaper of general circulation, as defined in Section 6008 of
the Government Code, for the City of Moorpark, and which is hereby
designated for that purpose.
0001r�
Ordinance No. TITLE VI ANIMAL REGULATIONS
Page 2
PASSED AND ADOPTED this day of 2005.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment "A" Title VI Animal Regulations
0100153
Exhibit "A"
Title VI ANIMAL REGULATIONS
Chapters:
6.04
General Provisions
6.08
Animal Compliance
6.12
Impoundment
6.16
Licensing of Dogs and Cats
6.20
Rabies Control
6.24
Wild Animals
Chapter 6.04
GENERAL PROVISIONS
Sections:
6.04.010
Definitions.
6.04.020
Recordkeeping.
6.04.030
Rates and charges.
6.04.040
Defense in prosecutions.
6.04.050
Enforcement authority.
6.04.010 Definitions.
Unless the context otherwise requires, the terms used in this title are defined as follows:
"Animal" means, but is not limited to, birds, fowl, fishes, reptiles, marsupials, and non-
human mammals.
"Animal compliance officer" means the person(s) or agency authorized by this title or by
resolution of the city council to implement or enforce any or all of this title.
"Animal regulation department" means the person(s) or agency designated by resolution
of the city council to perform the duties and assume the responsibilities of the city animal
compliance program and/or county or state authority regarding animals as authorized by this
title, or applicable state law.
"Animal pound" means any dog pound, animal shelter, temporary animal pound, or
pound vehicle owned or operated by the city, or any person(s) or entity(ies) on behalf of the city,
under contract to the city, or any facility designated as an animal pound by resolution of the city
may be referred to as an animal pound.
"Bovine animal" means any animal of the genus Bos, such as, but not limited to, an ox,
cow, steer, or bull.
"Director of the animal regulation department" means the person(s) or agency
designated by resolution of the city council to exercise duties and authority given under this title
to the director of the animal regulation department.
Title 6 Animal Compliance Page 6 -1 `1�4j yy
V - _t. Q 'L
Exhibit "A"
"Diseased or injured animal" means any animal not suspected of rabies that is
apparently diseased, sick, injured, disabled, infirm or crippled.
"Harbors" means when a person feeds or shelters an animal for a period of thirty days or
longer.
"Hearing officer" means the person(s) or agency authorized by resolution of the city
council to conduct animal nuisance abatement hearings under this title on behalf of the city.
"Household pet" means dogs, cats, canaries, parrots, and other domestic animals and
birds usually and ordinarily maintained in or around a residence for the enjoyment of the owner,
and if such animal is permitted by the city zoning ordinance.
"Keep" or "Keeper" means to have, or the person who has, possession, custody, charge
or control of an animal.
"Livestock" includes horses, ponies, mules, burros, jacks and jennies, cows, bulls,
calves, heifers, sheep, goats, swine, hogs, pigs, and all other domesticated animals other than
household pets.
"Owner" or to "own" means a person(s) who has the right to possess or use an animal to
the exclusion of others under the law and as it pertains to animals.
"Pound keeper" means the person(s) or agency designated by resolution of the city
council to exercise duties and authority of the pound keeper under this title.
"Runs at large" or "running at large" means when an animal is upon private property
without the permission of the person owning or occupying the property, or when it is upon public
property and is not on a leash and not under the immediate control of a responsible person
capable of controlling such animal.
"Wild animal" or "exotic animal" means an animal or reptile that is wild by nature and not
customarily domesticated in Ventura County. This definition does not include birds, small
rodents or small nonpoisonous reptiles commonly used for educational or experimental
purposes or as pets.
6.04.020 Recordkeeping.
A. It is the duty of the pound keeper to keep or cause to be kept, accurate and detailed
records of:
1. All cats, dogs or livestock licensed, impounded, or sold;
2. All animal bite cases reported and the results of the investigations thereof;
3. All moneys received.
6.04.030 Rates and charges.
If rates and charges for services rendered by the pound keeper are not designated by
state law or in this code, then the city shall establish the rates and charges by resolution.
However, a resolution of the city council supercedes a resolution of the board of supervisors.
6.04.040 Defense in prosecutions.
The defendant has the burden of producing evidence to establish to the satisfaction of
the hearing officer if any of the exemptions to prosecution allowed by this title apply.
Title 6 Animal Compliance Page 6 -2
Exhibit "A"
6.04.050 Enforcement authority.
In addition to other authority provided by law, the director, its deputies, the pound
keeper, its deputies, and animal compliance officers are designated as public officers and are
authorized to make arrests according to Penal Code Section 836.5 (and as it may be amended)
for the purpose of enforcing and carrying out provisions of this title. The pound keeper and
deputies that the pound keeper may designate are further authorized to carry and use weapons
while actually engaged in the performance of their duties.
Chapter 6.08
ANIMAL COMPLIANCE
Sections:
6.08.010 Enforcement by City Animal Compliance Officers
6.08.020 Right of entry authority.
6.08.030 Authority to inspect licenses or animals.
6.08.040 Animals running at large.
6.08.050 Leash requirements.
6.08.060 Removal of dog defecation.
6.08.070 Destruction of dangerous dogs.
6.08.080 Noisy animals.
6.08.010 Enforcement by City Animal Compliance Officers
This Chaster sets forth the manner in which City Animal Compliance Officers will
enforce the provisions of the Moorpark Municipal Code pertaining to animals The
process contemplates that a citizen will contact the City to complain about a violation of
the Moorpark Municipal Code. If the responding City Animal Compliance Officer can
verify the violation by witnessing such violation the Animal Compliance Officer may
issue a citation for the violation. Alternatively, if the Animal Compliance Officer
independently witnesses a violation of the code he or she may issue a citation
6.08.010 Right of entry authority.
An animal compliance officer or any public or peace officer may enter onto private
property but not enter dwellings located there, if:
A. The purpose of entry onto private property is for discharging their duties to enforce
the provisions of this title or other applicable law, and the appropriate conditions in paragraphs
B, C, and D of this section are met.
B. Entry onto private property as described above may occur at any time:
1. To pursue any animal when an animal compliance officer has reasonable or
probable cause to believe the animal is subject to impoundment pursuant to this
title or other applicable law; or
2. To place in isolation or impound any animal on the property when an animal
compliance officer has any cause whatsoever to believe or suspect the animal
has rabies or that it is a biting animal; or
3. To impound an animal pursuant to Section 6.09.050 of this title,
C. Entry onto private property as described above may occur only during daylight hours:
1. To inspect or examine animals isolated there pursuant to this title or other
applicable law; or
2. To seize an animal pursuant to Section 6.09.080 of this title.
Title 6 Animal Compliance Page 6 -3 0 "D 0,� j
Exhibit "A"
D. Prior to entry as described above, a reasonable effort must be made to locate the
owner or possessor of the property in order to request permission to enter upon the property
and to explain the purpose for entry, except when time does not permit such as in an
emergency or when in fresh pursuit.
6.08.020 Authority to inspect licenses or animals.
A. An animal compliance officer or any public or peace officer may demand to see an
animal or animal license for inspection.
B. No person may willfully fail or refuse to exhibit the animal or its license when asked to
do so by an animal compliance officer, or a peace officer.
6.08.030 Animals running at large.
A. It is unlawful for any person that owns, harbors, or keeps any animal to tolerate,
permit, or allow:
1. An animal to be at large without reasonable control.
2. An animal to be pastured or kept upon any street or other public place.
3. An animal to be upon any private property without the permission of the person
owning or occupying the private property.
4. An animal to injure in any manner the owner or occupant of any other property or
damage the property itself.
6.08.040 Leash requirements.
A. It is unlawful for any person that owns, harbors, or keeps any dog to tolerate, permit,
or allow the dog to be unleashed, unless the dog is secured in a vehicle, or physically restrained
in another humane manner of control. A leash must be held continuously in the hand of a
responsible person capable of controlling the dog. This leash requirement applies whenever the
dog is on public or private property including on any public street, alley, lane, park, greenbelt,
trail, or place of whatever nature that is open to and used by the public.
B. It is unlawful for any person that owns, harbors, or keeps any dog to tolerate, permit,
or allow the dog to be on any private property in the city without the permission of the person
owning or occupying the private property.
C. Exceptions to the leash requirements of this section are when the dog is on the
property of the person who has the charge or control of a dog, or when the dog is on the dog
owner's property.
6.08.050 Removal of dog defecation.
A. It is unlawful for any person owning or having possession, charge, or control of any
dog to tolerate, permit, or allow the dog to defecate on any public or private property in the city
without the consent of the owner or person in lawful possession of the property.
B. The person that owns, harbors or keeps any dog that defecates on any public or
private property must immediately remove the feces by placing it in a closed container and then
depositing the feces in a trash receptacle unless the owner or person in lawful possession of the
property consents to the dog defecation.
C. This section does not apply to a peace officer with an on -duty police dog (including
search and rescue dogs) or to a person with a disability as defined by the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) who is accompanied by a service animal,
which has been trained by a person licensed under Section 7200 et. seq. of the Business and
Professions Code.
Title 6 Animal Compliance Page 6 -4 0 Ca01 E7
Exhibit "A"
6.08.060 Destruction of dangerous dogs.
Any dog that is running at large and is dangerous to persons or property due to its
vicious disposition may be seized and destroyed in a humane manner by the pound keeper.
6.08.070 Citation of noisy animals.
A. It is unlawful for any person that owns, harbors or keeps any dog or animal to tolerate,
permit, or allow the animal to repeatedly bark, howl, whine, crow, or make loud or unusual
noises in such a manner that disturbs the peace and quiet or interferes with the comfortable
enjoyment of life and/or property of a reasonable person of ordinary sensitivity or which are so
harsh or so prolonged or unnatural or unusual in their frequency, time or place as to cause or
contribute to the unnecessary and unreasonable discomfort of any person. An animal control
officer can cite anyone found in violation of this subsection.
B. In making the determination of whether a violation of Subsection A has occurred, all
relevant evidence shall be considered, including, but not limited to, evidence of the following
factors:
1. The nature, volume and frequency of the barking or other noise;
2. The time or times of day when the noise is heard by the complaining parties;
3. The apparent reasons or provocations for the dog or other animal to emit the
noise, if any;
4. The location or locations on the property where the dog or other animal is kept;
5. The proximity of the complaining party to the noise;
6. The manner in which the dog or other animal is kept; and
7. The number of persons complaining about the barking or other noise.
Chanter 6.09
ANIMAL NUISANCE PROCEDURES
Sections:
6.09.010 Animal nuisance.
6.09.020 Designed nuisance.
6.09.030 Nuisance complaints.
6.09.040 Notice to abate nuisances.
6.09.050 Impoundment pending nuisance hearing.
6.09.060 Nuisance hearing procedures.
6.09.070 Nuisance hearing findings and orders.
6.09.080 Failure to comply with nuisance orders.
6.09.090 Appeal of nuisance hearing findings and orders.
6.09.010 Animal nuisance.
Individuals can avail themselves of the following process to resolve complaints
involving animals that cause a public nuisance. This process is differentiated from the
process provided for in Chapter 6.08 which requires that an Animal Compliance
Officer witness a violation of the Moorpark Municipal Code and independently
determine whether a citation should be issued. In contrast the nuisance process set
forth in this Chanter allows individuals with complaints regarding nuisance animals to
have such complaints heard and findings and orders issued by a designated hearing
officer without the independent verification of the Moorpark Animal Compliance
Officer.
Title 6 Animal Compliance Page 6 -5 0 0
Exhibit "A"
6.09.020 Designated nuisances.
A. Any animal, except an animal kept or controlled by a government agency, that has
committed any of the following acts is a public nuisance:
1. An unprovoked infliction of physical injury upon any person conducting them self
lawfully;
2. Unprovoked threatening behavior toward any person conducting themselves
lawfully that causes the person reasonably to fear for their physical safety;
3. Any animal utterance or noise including but not limited to, barks, cries, whines,
howls or other animal sound which is so loud, so frequent and continued over so
long a period of time that the animal noise deprives two or more unrelated and
non - cohabitating persons residing in the neighborhood of the comfortable
enjoyment of their homes;
4. An unprovoked infliction of physical injury upon any other animal that occurs off
the property of the owner or keeper of the animal inflicting the injury;
5. The damaging of the real or personal property of some person other than the
owner or keeper of the animal that occurs off the property of the owner or keeper
of the animal;
6. The dumping of trash receptacles or the spreading of trash that occurs off the
property of the owner or keeper of the animal;
7. The chasing of pedestrians, vehicles or ridden horses that occurs off the property
of the owner or keeper of the chasing animal.
B. Such public nuisance may be abated in accordance with the procedures set forth in
this Chapter. Such procedures are in addition to any other remedies that may be available
under applicable law.
6.09.030 Nuisance complaints.
A. Any person aggrieved by an alleged public nuisance described in section 6.09.030
may file a complaint with the city. The complaint must be in writing, it must be signed by and
bear the address of the complainant, it must state the place or places where such alleged
nuisance exists, it must describe the animal and the conduct that renders it a nuisance, and it
must give the name and address of the animal's owner or keeper if known to the complainant.
B. For animal nuisance complaints involving animal noise, a written complaint form, in a
format provided by the city, must be received from two or more unrelated and non- cohabitating
persons residing in the neighborhood as stated in Subsection 6.09.020 (A) (3). In addition to the
information required in A. of this Section, the complaint forms must contain information on the
place, times, and duration of each incident of animal nuisance noise.
C. After receiving a written nuisance complaint, an animal compliance officer will confirm
the completeness of the complaint and attach any supporting documents reports or forms
required by this title or by the hearing officer. The complaint and supporting documents will be
submitted to the hearing officer.
6.09.040 Notice to abate nuisances.
Upon receipt of a complaint alleging a public nuisance, or as soon thereafter as the
hearing officer may learn the name and address of the owner or keeper of the animal, the
hearing officer must serve notice of a hearing upon the owner or keeper and upon the
complainant. The notice must be in writing and may be served either by personal delivery of a
copy or by depositing a copy in the United States mail, postage prepaid, addressed to the
person to be served. The notice must do the following:
A. Include a copy of the complaint;
Title 6 Animal Compliance Page 6 -6 0 C10,-,, El 9
Exhibit "A"
B. State that a hearing will be held to determine whether the animal described in the
complaint is a nuisance within the meaning of Section 6.09.020 and, if so, that the nuisance
may be abated as provided in this chapter;
C. State the place and time of the hearing, at least fifteen (15) calendar days after the
date of the notice, and
D. Include a copy of this chapter.
6.09.050 Impoundment pending nuisance hearing.
A. If it appears to the pound keeper from the complaint or other information available that
the animal is being kept or maintained in a manner that poses or represents an imminent threat
to the safety of persons or property, the pound keeper may immediately impound and hold the
animal until the hearing is held and findings are issued pursuant to this chapter. At the
conclusion of the hearing, the pound keeper will follow the following procedures for animals
impounded pending a nuisance hearing:
1. If the animal is found to be a nuisance by the hearing officer and the hearing officer
has ordered the destruction of the animal, then the pound keeper must hold the animal for an
additional seventy -two (72) hours beyond the time the owner is deemed to have received notice
of the determination pursuant to Section 6.08.070, and then destroy it in a humane manner as
provided in Chapter 6.12 of this chapter or by applicable law.
2. If the animal is found to be a nuisance but the hearing officer does not order the
destruction of the animal, then the hearing officer must make an order to abate the nuisance
pursuant to this chapter and the owner or keeper of the animal may redeem the animal after
complying with the order and paying any impoundment fees.
3. If the findings are that the animal is not a nuisance, the owner or keeper may redeem
the animal without payment of the impoundment fees.
6.09.060 Nuisance hearing procedures.
A. Hearing. The hearing is public and must be held before the hearing officer at the time
and place noticed or at such other time or place as may be mutually agreed to by the hearing
officer, the pound keeper, the city, the complainant, and the owner or keeper of the animal. The
hearing officer may continue the hearing to such time and place as may be reasonably
necessary for the convenience of witnesses or other parties. Failure of the owner or keeper of
the animal to appear at the hearing or any continuance of it constitutes a default of the hearing
in favor of the complainant.
B. Oaths. The hearing officer has the power to administer oaths or affirmations when
necessary in conjunction with the hearing.
C. Evidence. Oral evidence need not be taken under oath or affirmation unless either the
owner or keeper of the animal or the complainant requests that evidence be taken under oath or
affirmation. Testimony may be given in an informal narrative style. Complainant, the owner or
keeper of the animal, and the hearing officer have the right to call and examine witnesses, to
introduce exhibits, to cross - examine witnesses on any matter relevant to the issues even though
such matter was not covered on direct examination, and the complainant and owner or keeper
have the right to impeach any witness regardless of which party first called the witness to testify.
Any relevant evidence must be admitted if it is the sort of evidence on which responsible
persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of
any common law or statutory rule that might make improper the admission of such evidence or
objection in a civil action. Hearsay evidence is admissible for any purpose but is not sufficient to
support a finding without other evidence unless the hearsay evidence would be admissible over
objection in a civil action.
D. Subpoena power. Before the hearing and at the request of the complainant or the
owner or keeper of the animal, the hearing officer will issue subpoenas, and subpoenas duces
Title 6 Animal Compliance Page 6 -7 0 C),0It.2 0
Exhibit "A"
tecum for attendance or production of documents at the hearing. Compliance with the provisions
of Section 1985 of the Code of Civil Procedure must be a condition precedent to the issuance of
a subpoena duces tecum. After the hearing has commenced, the hearing officer may issue such
subpoenas and subpoenas duces tecum as hearing officer deems proper. No person duly
subpoenaed to appear and testify or to produce any documents before the hearing officer may
wrongfully neglect or refuse to appear, or to testify, or to produce such documents.
E. Recording. The hearing officer must record the hearing on a recording device. The
hearing officer must make a reasonable effort to make such recording available to the
complainant and to the owner or keeper of the animal for listening upon request during normal
business hours at a location approved by the city manager. The hearing officer must provide a
copy of the recording or a transcript prepared of the hearing to any party who requests it and
pays the cost of making such copy or preparing such transcript.
6.09.070 Nuisance hearing findings and orders.
A. At the conclusion of the hearing, or within a reasonable time after the hearing, the
hearing officer must make a written finding that the animal either is or is not a public nuisance
as defined in Section 6.09.020 of this chapter. Such finding must be supported by the weight of
the evidence presented at the hearing; except:
1. If no evidence is presented, then the finding is that the animal is not a public
nuisance;
2. If the owner or keeper of the animal has defaulted by failing to appear, then the
finding is that the animal is a public nuisance.
B. If the finding is that the animal is a public nuisance, the hearing officer determines
what actions are reasonably necessary in order to abate the nuisance, up to and including
humane destruction of the animal. The hearing officer must make and enter an order that
requires the owner or keeper of the animal to take all such actions within such time limits as the
order may prescribe. The findings and orders are final when issued and must be served
promptly on the owner or keeper of the animal either by personal delivery of a copy or by
depositing a copy in the United States mail, postage prepaid, addressed to the owner or keeper.
Notice of a finding that an animal is a nuisance and the order to abate the nuisance is deemed
to be given as of the date of personal delivery, or, in the event of notice by mail, then as of five
(5) calendar days after the notice is deposited in the mail.
6.09.080 Failure to comply with nuisance order.
A. It is unlawful for the owner or keeper of the animal to fail to take any action required of
him or her by the order of the hearing officer within the applicable time limit specified in the
order; provided, however, that humane destruction of the animal within such time limit is
deemed to be in compliance with the order regardless of the abatement action specified in the
order. Each day or portion thereof that such noncompliance continues after such time limit is a
separate offense.
B. The pound keeper may seize and summarily destroy any animal being kept or
maintained in violation of such order of the hearing officer.
6.09.090 Appeal of nuisance hearing findings and orders.
The decision of the hearing officer in any nuisance hearing shall be final. Any action
challenging nuisance hearing findings and orders, and any action filed for the interpretation,
and /or enforcement of the provisions of this Title shall be filed in the Superior Court of Ventura
County, California.
Title 6 Animal Compliance Page 6 -8 (�rr.
Exhibit "A"
Chapter 6.12
IMPOUNDMENT
Sections:
6.12.010 Enforcement authority.
6.12.020 Interfering with pound keeper, hearing officer, or animal compliance officer
prohibited.
6.12.030 Impoundment requirements and exceptions.
6.12.040 Notice of impoundment.
6.12.050 Disposal of impounded animals.
6.12.060 Diseased or injured animals.
6.12.070 Livestock running at large.
6.12.080 Disposal of impounded livestock.
6.12.090 Fees for redeeming livestock.
6.12.100 Nonliability of city and county.
6.12.110 Temporary animal pound.
6.12.010 Enforcement authority.
It is the duty of the pound keeper and any duly authorized animal compliance officer to
enforce the provisions of this title and any resolution of the city council consistent with this title.
6.12.020 Interfering with pound keeper, hearing officer, or animal compliance officer
prohibited.
No person may take an impounded animal from an animal pound as defined in Chapter
6.04 of this title, or willfully resist, delay, or obstruct the pound keeper, hearing officer or animal
compliance officer in the discharge of, or attempts to discharge, any duty of their office.
6.12.030 Impoundment requirements and exceptions.
A. Any animal found under conditions or in areas prohibited by Sections 6.08.030 or
6.08.040 of this title must be seized by an animal compliance officer and impounded to the
animal pound, except as follows:
1. If any animal is lawfully at large upon private property. However, the animal will
be impounded if the owner, occupant or person in charge of the property makes
a complaint to the city claiming to be injured by the animal.
2. If an infraction /misdemeanor citation is issued to the person who owns, harbors,
or keeps the animal; and, in the opinion of the citing officer, the person or animal
is unlikely to violate any provision of this title prior to the citation appearance
date.
3. If animal compliance officer deems it to be in the best interests of the city to issue
a verbal warning for information and educational purposes.
6.12.040 Notice of impoundment.
The animal compliance officer that impounds any animal must immediately attempt to
notify the owner of the impounded animal or fowl as required by law. If the owner is known and
resides in the city, a notice must be posted at the owner's address. If the owner is unknown, the
notice of impounding must be posted at the animal pound where the animal is impounded. A
notice of impound must contain a description of the animal, and the time and place of
apprehension.
�
Title 6 Animal Compliance Page 6 -9 i -, -k. -k+v
Exhibit "A"
6.12.050 Disposal of impounded animals.
A. The pound keeper must feed and care for any animal impounded and in its
possession until it is disposed of as provided by applicable law.
B. When the pound keeper knows the address of the owner of an impounded animal, the
period for redemption begins when written notice of impounding is deposited in the mail,
postage prepaid, directed to the owner's address. If the impounded animal bears an animal
license tag as required by this title, then notice must be mailed to the address for the license.
C. An impounded animal is deemed to be abandoned and the pound keeper must
dispose of the abandoned animal according to the provisions of applicable law, if:
1. Any animal impounded as provided in this title is not redeemed, or
2. If the animal owner is unknown to the pound keeper, or
3. If the animal owner fails, or refuses to comply with any of the requirements of
redemption, or
4. If the owner has waived the redemption period in writing.
D. Any animal sold as a pet by the pound keeper must be licensed, and the buyer must
sign a written agreement to feed the animal and provide a good home for it. If an animal is
returned to the pound after its sale, the buyer or other person returning the animal does not
have the discretion to determine the disposition of the animal. The price of any animal sold as a
pet or to any state - chartered humane society must be as set by resolution the city council.
6.12.060 Diseased or injured animals.
A. The pound keeper must determine whether an impounded animal is diseased or
injured.
B. The pound keeper is authorized to procure any necessary emergency medical
treatment for an impounded animal and must exercise reasonable diligence in locating and
notifying the owner of the location and condition of the animal without undue delay. When
reasonable effort fails to locate the owner or when an owner, after having been located, refuses
to accept responsibility for further medical treatment of a diseased or injured animal, then the
pound keeper may destroy such animal in a humane manner as provided by law.
C. If a diseased or injured animal is not destroyed pursuant to this section, then the
pound keeper must dispose of such animal as otherwise provided by applicable law.
6.12.070 Livestock running at large.
A. It is unlawful for any person owning, harboring, or keeping any livestock to permit the
livestock to run at large upon private property without the permission of the person owning or
occupying the private property, or upon the streets or public places of the city.
B. Whenever it is deemed necessary by the pound keeper, properly equipped individuals
may be authorized to capture and transport livestock that are running at large in violation of this
title.
C. Each animal captured or transported pursuant to this title is impounded at the risk of
the owner and the owner or keeper of such animal is liable for all fees set forth in this title.
6.12.080 Disposal of impounded livestock.
A. The pound keeper must immediately attempt to notify the owner of impounded
livestock (except bovine animals) that the livestock has been impounded, to the extent required
by law, and if the name of the owner is known.
B. Any impounded bovine animal must be delivered to the state Director of Food and
Agriculture pursuant to Food and Agricultural Code Section 17003.
C. The owner of any impounded livestock may redeem their livestock at any time before
its sale, disposal, or delivery to the state Director of Food and Agriculture upon:
1. Furnishing proof of ownership satisfactory to the -pound keeper; and
Title 6 Animal Compliance Page 6 -10 0 0*ir c3'3
Exhibit "A"
2. Paying the fee set forth by resolution of the city council.
D. The city, county, and its officers, agents and employees are not liable to any person
for the delivery of any animal to any person claiming to be the animal owner, or to be acting on
the owner's behalf. The sale of any animal by the pound keeper in conformity with the
provisions of this title and state law gives ownership of the animal to the purchaser.
6.12.090 Fees for redeeming livestock.
If any impounded livestock is redeemed, the pound keeper must collect all applicable
fees before releasing the animal to the person redeeming it. Such fees must be in such amounts
as may be prescribed by resolution of the city council.
6.12.100 Nonliability of city.
All animals specified in this title that may be impounded are kept at the risk of the owner.
The city, its officers, agents or employees are not liable to the owner of any impounded animal
for the delivery in good faith to a person claiming to be, but not in fact being, entitled to reclaim
the impounded animal. The city, and its officers, agents or employees are not liable for injury or
disease to any animal incurred while the animal is being captured, transported or impounded.
6.12.110 Temporary animal pound.
The pound keeper is authorized, whenever it is deemed necessary, to temporarily
impound animals within an enclosure other than the designated animal pound and that
enclosure constitutes a temporary animal pound. Notice that an enclosure is an animal pound
must be given by placing a sign with wording to that effect on the gate or other entrance of the
enclosure. The placement, size and wording of the sign are subject to the approval of the pound
keeper.
Chapter 6.16
LICENSING OF DOGS AND CATS
Sections:
6.16.010
Licenses required.
6.16.020
Application.
6.16.030
Licensing period.
6.16.040
Fee.
6.16.050
Exemption from fee.
6.16.060
Due date and penalties.
6.16.070
Tag issuance.
6.16.080
Tag exemption.
6.16.090
Tag replacement.
6.16.100
Transferability.
6.16.110
Prohibited conduct.
6.16.010 Licenses required.
A. Every person who owns, harbors, or keeps any dog or cat over the age of four (4)
months within the city for thirty (30) days or longer must maintain a current license and license
tag issued as required by this title for each dog or cat.
B. The license tag must be attached to a substantial collar or harness that must be worn
at all times by the dog or cat for which the tag was issued, except as provided in Section
6.16.010C or Section 6.16.080 of this chapter.
Title 6 Animal Compliance Page 6 -11 0 001 -nA-I
Exhibit "A"
C. Cats with electronic identification in the form of microchip implants or other forms of
permanent identification approved and issued by the city or its agent, are not required to wear a
collar and tag. All other licensing requirements of this title apply to such cat.
D. Any dog found without a current license tag may be seized and impounded by an
animal compliance officer or any peace officer, and /or a citation may be issued to the person
who owns, harbors or keeps the dog.
E. Any cat found without a current license tag or without electronic identification or for
which there is no current license may be seized and impounded by an animal compliance officer
or any peace officer and/or a citation may be issued to the person who owns, harbors or keeps
the cat.
6.16.020 Application.
A. The license and license tag or electronic identification required by this chapter may be
obtained by the animal owner by displaying an acceptable rabies vaccination certificate, and
furnishing the information required by this chapter and the license application, and paying the
proper fee to the city or its agent. The animal license application must include the name, sex,
breed, age and color of the dog or cat for which the application is made, and the address and,
when available, the telephone number and email address of the person owning, harboring, or
keeping the dog or cat. The official receiving this information must record it on the receipt to be
given for payment of the license fee.
B. A rabies vaccination certificate must show that the vaccination has at least one (1)
year to run before its expiration date for it to be acceptable.
6.16.030 Licensing period.
A. The period of time any license issued pursuant to this chapter is valid must be
specified on the license application.
B. The license period specified may be whatever period the city or its authorized agent
may select for that particular license application; provided, however, that the period is not to be
less than one (1) year nor more than two (2) years from the date the license is issued; and
provided further, that the period does not extend beyond the expiration date of the applicable
rabies vaccination. A license and corresponding license tag ceases to be current when the
applicable license period expires.
6.16.040 Fee.
A. The fee for the license required by this chapter is as prescribed by resolution of the-city
council or by applicable law.
B. The fee prescribed for a dog or cat that has been spayed or neutered, as verified by a
veterinarian's certificate, must be no more than fifty percent (50 %) of the fee for a dog or cat of the
same sex that has not been spayed or neutered.
6.16.050 Exemption from fee.
A dog license must be issued free of charge in the following instances:
A. When the license is for a dog that will be used as a guide dog for a blind person, or as
a service animal for a person with a disability as defined by the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101, et seq.). An affidavit attesting to the fact that the dog will be used as
a guide dog must be given to the official issuing the license.
B. When the license is for a dog that has been honorably discharged from the armed
services of the United States. Such discharge must be established by showing the official
issuing the license the discharge papers issued for such dog.
C. When the license is for a police dog or a retired police dog.
000:1. 5
Title 6 Animal Compliance Page 6 -12
Exhibit "A"
6.16.060 Due date and penalties.
A. The information and fee required by this chapter are due no later than on the thirtieth
(30th) day after the day that:
1. The previous license, if any, expires;
2. The dog or cat is acquired by the person owning, harboring, or keeping it;
3. The dog or cat is brought into the city; or
4. The dog or cat attains the age of four (4) months, whichever occurs last.
B. Any person who obtains a license after the due date must pay a late license penalty in
addition to the license fee. A late license penalty applies for each calendar year or portion of a
calendar year that the animal was kept in the city without a license as required by this title. The
late license penalty is equal to twice the amount of the applicable one -year license fee. This
penalty is in addition to any other penalty or sanction that may be imposed pursuant to this title
for failure to have a license.
6.16.070 Tag issuance.
Upon receipt of the required information, accompanied by payment of the proper fee and
display of an acceptable rabies vaccination certificate, the dog or cat must be licensed by the
city or its authorized agent, whichever is designated to issue licenses, and a written receipt must
be issued to the applicant, and a metal license tag must be mailed to the applicant's address, or
the electronic identification must be inserted into the cat. Each license tag or electronic
identification must be serially numbered and identified with the such identification wording as
determined by resolution of the city council, and must be marked with the year in which it is
issued.
6.16.080 Tag exemption.
The license tag need not be worn by the dog or cat when the dog or cat is:
A. Securely confined in a cage or vehicle; or
B. Within an enclosure sufficient to securely confine the dog or cat to the premises of an
animal hospital, or a licensed dog or cat kennel, or of a state chartered benevolent organization
for the care of animals, or of the person owning, harboring or controlling the dog or cat; or
C. Participating in, or training for, sporting event, field trial, obedience class, or dog or
cat show or when the dog is herding livestock, provided such dog or cat is not running at large.
6.16.090 Tag replacement.
If a license tag issued under the provisions of this chapter is lost, a duplicate tag may be
obtained from the city or its authorized agent upon paying a fee in the amount prescribed by
resolution of the city council, and by either surrendering the receipt obtained for the lost license
tag or certifying under penalty of perjury that a tag was obtained and that the receipt cannot be
found.
6.16.100 Transferability.
In the event that the ownership of a licensed dog or cat changes, the new owner may
apply to have the current license transferred to their name. The new owner must surrender the
license receipt and pay a transfer fee. The amount of the transfer fee is prescribed by resolution
of the city council.
0
Title 6 Animal Compliance Page 6- 13-t-��
Exhibit "A"
6.16.110 Prohibited conduct.
A. It is unlawful for any person to:
1. Interfere with a person authorized by the city to issue an animal license, conduct
a door -to -door canvass for animal licensing, or complete a census of animals in
the city.
2. Counterfeit a dog or cat license tag.
3. Attach a license tag to any dog or cat other than the one for which the tag was
issued.
4. To state as true any material matter that the applicant or person who owns,
harbors or keeps the animal knows to be false.
Chapter 6.20
RABIES CONTROL
Sections:
6.20.010 Vaccination required.
6.20.020 Vaccination procedures.
6.20.030 Isolation of suspected animals.
6.20.040 Reporting rabies.
6.20.050 Reporting of bite cases.
6.20.060 Isolation of biting animals.
6.20.070 Isolation of animals contacting rabid animals.
6.20.080 Violation of isolation requirements.
6.20.090 Redemption of isolated animals.
6.20.100 Isolation fees.
6.20.010 Vaccination required.
Every person owning, harboring or keeping a dog or cat must, within thirty (30) days
after such dog or cat obtains the age of four (4) months, cause it to be vaccinated by a licensed
veterinarian with a vaccine of a type approved by the state Department of Health Services as
being suitable for use in declared rabies areas and listed in the current copy of the Compendium
of United States Unlicensed Animal Rabies Vaccines.
6.20.020 Vaccination procedures.
Any veterinarian who vaccinates a dog or cat for rabies must certify such vaccination by
properly completing a rabies certificate in a form approved by the city or its authorized agent.
6.20.030 Isolation of suspected animals.
The pound keeper must seize and place in isolation any animal, licensed or not, which,
in the opinion of a licensed veterinarian displays symptoms suggestive of rabies. Isolation of any
other animal for suspected rabies is at the discretion of the impounding animal compliance
officer.
6.20.040 Reporting rabies.
A. It is the duty of every licensed veterinarian to report immediately to the county pound
keeper:
1. Any animal observed or that is diagnosed by the veterinarian as having rabies; or
2. Any animal that the veterinarian has reason to suspect has rabies.
Title 6 Animal Compliance Page 6 -14 (10(,� 7
Exhibit "A"
6.20.050 Reporting of bite cases.
A. It is the duty of every physician or other person who treats any person for a bite
inflicted by any animal to report immediately to the pound keeper the name and address of each
person receiving such treatment and, upon request of the pound keeper, to report to such officer
any additional information relating to the bite or treatment as the pound keeper may deem to be
helpful in rabies control.
6.20.060 Isolation of biting animals.
A. Any person, who is eighteen (18) years of age or older may make a written request to
the pound keeper for the isolation of a biting animal either:
1. In facilities provided by a licensed veterinarian; or
2. In a licensed boarding kennel; or
3. Upon the private premises of the person making the request.
B. If such request is approved by the pound keeper, the isolated biting animal must be
kept strictly confined and isolated in accordance with the pound keeper's orders and a
conspicuous notice on a sign and with wording approved by the pound keeper must be posted
on the premises that an animal is being confined on the property to be observed for rabies.
C. At the end of the isolation period, animals shall not be released from the place of
isolation designated by the pound keeper until the fees set forth by resolution of the city council
are paid, and in the opinion of any licensed veterinarian or pound keeper, the animal does not
have rabies.
D. The pound keeper must be notified prior to releasing an animal from isolation. The
pound keeper may require any veterinarian to submit a written opinion to the pound keeper that
the animal does not have rabies.
6.20.070 Isolation of animals contacting rabid animals.
A. Except as otherwise provided in this chapter, any animal that is a member of a
species subject to rabies and that has been bitten by or has been in contact with another animal
that is rabid or suspected of having rabies must be impounded and isolated in the same manner
described in this title for the isolation of animals suspected of having rabies.
B. Except as otherwise provided in Section 6.20.100 of this chapter, such isolation must
be for a period of at least six (6) months, unless the animal is a dog or cat which has been
vaccinated against rabies and the vaccination occurred thirty (30) or more days previously and
such vaccination has not yet expired, and such dog or cat is promptly revaccinated. In such
cases, the isolation must be for at least thirty (30) days.
C. Any person who is eighteen (18) years of age or older may make a written request to
the pound keeper for the isolation of such bitten or exposed animal in the same manner that a
biting animal is isolated in accordance with this chapter. If the request is approved by the pound
keeper, then all of the requirements in this chapter fpr the isolation of a biting animal apply.
6.20.080 Violation of isolation requirements.
A. It is unlawful for any person with approval for the keeping of a biting animal confined
and isolated upon their private premises as provided for in Section 6.20.060 or Section 6.20.070
of this chapter, to fail for any reason whatsoever to keep the animal continuously confined and
isolated upon their premises, either indoors or inside some enclosure, for the entire applicable
isolation period.
B. Any animal whether it is licensed or unlicensed, that is subject to isolation under this
title and the requirements of the isolation are violated, must then be seized by the -pound keeper
without delay and isolated at the animal pound for the duration of the isolation period, subject to
the provisions of Section 6.20.100 of this chapter.
Title 6 Animal Compliance Page 6 -15 000_01C'SY
Exhibit "A"
6.20.090 Redemption of isolated animals.
Any animal isolated at the animal pound as provided in Section 6.20.030, 6.20.060 or
6.20.070 of this chapter and found not to have rabies may be redeemed at the end of the
isolation period by the owner by paying to the pound keeper all applicable fees and obtaining
any necessary license.
6.20.100 Isolation fees.
A. The pound keeper shall collect from the owner of any animal isolated pursuant to this
chapter the applicable isolation fee prescribed by resolution of the city council.
B. In cases where the animal is to be isolated at some place other than the animal
pound, the fee applicable to such isolation must be paid in advance before approval by the
pound keeper of such isolation as an alternative to isolation in the pound.
C. If the person who owns, harbors, or keeps the animal fails to pay all applicable animal
isolation or licensing fees, then the animal is deemed to be an abandoned animal to the extent
permitted by law.
Chapter 6.24
WILD ANIMALS
Sections:
6.24.010
Purpose.
6.24.020
Prohibitions.
6.24.030
License required.
6.24.040
License application.
6.24.050
License fee.
6.24.060
License term.
6.24.070
License revocation.
6.24.080
Confinement.
6.24.090
Notice of escape.
6.24.100
Disposition of animals running at large.
6.24.110
Release of wild animals.
6.24.010 Purpose.
The purpose of this chapter is to establish requirements for keeping wild or exotic
animals when wild animals are approved by the city.
A. The requirements of this chapter are in addition to, and do not limit, the requirements
of any applicable zoning laws or ordinances.
B. A license issued under the provisions of this chapter does not permit the harboring or
keeping of wild animals if it violates city zoning laws or ordinances.
6.24.020 Prohibitions.
No person may have, keep or maintain any wild animal unless all necessary provisions
are made for the confinement and control of the wild animal to ensure the maintenance of public
peace, health and safety pursuant to Section 17.28.03 of this code, and as it may be amended.
6.24.030 License required.
Every person who owns, harbors, or keeps any wild animal must obtain a current wild
animal license issued under the provisions of this chapter.
Title 6 Animal Compliance Page 6 -16 0001 '�
Exhibit "A"
6.24.040 License application.
A. No wild animal license may be issued unless the applicant first receives written
confirmation from the city that such license is consistent with all city, state, and federal
requirements for keeping wild or exotic animals.
B. The wild animal license required by this chapter may be obtained by making written
application to the pound keeper, demonstrating to the satisfaction of the pound keeper that the
applicant will comply with Section 6.24.020 of this chapter, and the regulations adopted
pursuant to Section 6.24.080 of this chapter, and paying the proper fees to the city or its agent.
Such application must describe the animal to the satisfaction of the pound keeper and must
include the address and, where available, the telephone number of the applicant.
6.24.050 License fee.
The fees for the wild animal license required by this chapter are as prescribed by
resolution of the city council.
6.24.060 License term.
The license period for any wild animal license issued pursuant to this chapter shall be
one (1) year, beginning January 1 st and ending December 31 st. A wild animal license fee is not
discounted or prorated for a partial term unless the governing resolution of the city council
allows for a discounted or prorated fee for a partial year in its approved fee structure. The wild
animal license expires and ceases to be current at the end of the year for which it was issued.
Renewal of a wild animal license may be made only after an application is completed and the
fee required for the issuance of an original wild animal license is paid.
6.24.070 License revocation.
A. Any wild animal license issued under the provisions of this chapter may be revoked
by the pound keeper or the official designated by the city whenever, in their opinion, any of the
following conditions pertain:
1. The animal is not kept or maintained in a sanitary or healthful condition;
2. The animal is not provided with adequate care and supervision;
3. The animal poses a threat to human life or safety;
4. The animal poses a threat to personal property;
5. The animal has in any way become a nuisance; or
6. There is a violation of the regulations adopted pursuant to Section 6.24.080 of
this chapter.
B. The revocation of a license is effective immediately upon the receipt of actual notice
by the applicant, or ten days after written notice addressed to the applicant at the address
shown on the application is deposited in the mail.
6.24.080 Confinement.
A. The city or its authorized agent may make rules regulating the size and type of cage
or other means of confinement, the distance from the place of confinement to adjoining
property, and any other regulations deemed reasonably necessary by the animal regulation
department or the city to carry out the purpose of this chapter and to ensure the maintenance of
humane, sanitary conditions and the safety of persons and property.
B. A copy of the rules and regulations must be furnished by the city or its agent upon
request.
C. In applying the regulations to a given situation, the animal regulation department must
take into consideration the type, nature, disposition, and training of the animal involved.
Title 6 Animal Compliance Page 6 -17 0 30 I^0
Exhibit "A"
6.24.090 Notice of escape.
Any person keeping or maintaining a wild animal that escapes from its confinement must
immediately notify the city and the county animal regulation department of the escape.
6.24.100 Disposition of animals running at large.
A. Wild animals found running loose may be impounded in accordance with the
provisions of Section 6.12.100 of this chapter. However, the city, its officers, agents or
employees are not liable for injury or disease to any animal incurred while said animal is being
captured, transported or impounded.
B. Wild animals, when found to be at large and injuring, damaging or threatening to
injure or damage any person or property, are deemed to be a public nuisance and may be
summarily destroyed without liability resulting to the city, its officers, agents or employees.
C. Reclamation by an owner or keeper of any impounded wild animal is permitted when
the city and the pound keeper receive payment of all costs incurred in the capture, impounding
and care of the wild animal.
6.24.110 Release of wild animals.
No person, organization, society, association or corporation may import or release into
the city any wild animal, whether indigenous to Ventura County or not, without a permit from the
city or its agent. The animal released must be identified by an indelible number tattooed on the
animal, and the person, organization, society, association or corporation must be responsible for
damage inflicted by the animal.
Title 6 Animal Compliance Page 6 -18 019 00' -614eI
EXHIBIT "2"
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: John Brand, Senior Management Analyst*
DATE: September 8, 2005 (CC Meeting of September 21, 2005)
SUBJECT: Consider an Ordinance of the City of Moorpark,
California, Amending Title 6, Animal Regulations, to
Reflect Current Conditions and Services and Make
Technical Changes for Clarity of Language and Purpose
SUMMARY
If approved, this ordinance amends the Municipal Code Title 6,
Animal Regulations, to make it consistent with the City Animal
Compliance- Vector Control program, reorganize and re -word sections
and terms and update certain sections pertaining to animals.
Sections of the old ordinance superceded by state law are deleted
and updated standard sections have been included.
BACKGROUND
In 1983, the City adopted the Ventura County Animal Regulations
ordinance as its own. From time to time since then, various chapters
of the.ordinance were revised, amended, or replaced. Variations in
writing style and choice of words resulted in more than one term or
phrase being used for a single item, person, or idea. Additionally,
animal law in California has changed considerably since 1983. If
adopted, this ordinance would make a variety of changes. Some are
technical, non - substantive changes in order to provide a more clearly
understood ordinance. Other changes significantly update the
ordinance.
Typical of the clarifications made to the proposed ordinance is to
refer to one person the same way each time they are mentioned. For
example, in the current ordinance the Ventura County Director of the
Animal Regulation Department is called by several terms including
"Animal Control Director ", "Director of Animal Control ", and "Animal
000202
Title 6 - Animal Ordinance
CC Meeting of September 21, 2005
Page 2
Regulation Department Director ". Additionally, there are several
instances where the "county unincorporated area" and the "county
board of supervisors" are cited when the ordinance should read
"City" and "City Council." To be consistent, the City's activities
and staff are referred to as "Animal Compliance" (officer, program,
etc.) and the county and other authorized outside agencies are
referred to as "Animal Regulation" (officer, director, department,
etc.) When both are being referenced in the same clause, then
"Animal Compliance" is used.
Certain technical changes are also proposed. The duties and
authority of specified positions such as "animal compliance officer
(ACO)" and "hearing officer" would be made by resolution of the City
Council, instead of being defined in the ordinance. This will give
the Council greater responsiveness and flexibility as conditions
change in the future. Also the proposed changes update the ordinance
to reflect the City's Animal Compliance program as it is-today. In
1983, the county provided all services. The county's program has
changed since then, and the City established its own program in 2001
in order to provide certain day to day animal services directly to
the community.
Sections of the old ordinance, primarily pertaining to impoundment,
kennel operations, and disposal of animals, have been superceded by
state law enacted in recent years. Those sections of the ordinance
are deleted.
DISCUSSION
The ordinance has six chapters: General Provisions; Animal
Compliance; Impoundment; Licensing of Dogs and Cats; Rabies Control;
and Wild Animals. Several of the former sections had language
stating that a particular provision is a misdemeanor, or infraction.
These phrases are unnecessary since Chapter 1 of the Municipal Code
makes any violation of the code a misdemeanor /infraction. Removing
those violation clauses does not lessen the enforceability of the
proposed code. Rather, it gives the City more flexibility as the
City's enforcement policies and practices may change and evolve over
time. The current ordinance and the proposed changes are presented
in legislative format in Attachment "A ". Following is a summary of
the changes in each section. The proposed ordinance has been
reviewed by the City Attorney.
M: \JBrand \M \Moorpark \City Council \CC Agenda Staff Reports \CC 2005 \AR Chapter 6 first reading.0 002 0 3
Title 6 - Animal Ordinance
CC Meeting of September 21, 2005
Page 3
Chapter 6.04 General Provisions
6.04.010 Definitions
The delegation of authority for key responsibilities is to be
established by resolution of the City Council, instead of being
delineated in the ordinance itself. This applies to the various job
titles that may be assigned specific powers, duties, and
responsibilities in the ordinance. The named positions in the
ordinance are: Animal Compliance Officer; Hearing Officer; and
Director of the Animal Regulation Department. Simply put, these
roles are defined as being those people whom the City Council
designates in an adopted resolution or contract agreement. The same
approach is used for facilities mentioned in the ordinance. Two
examples of this are:
"Animal Compliance officer" means a person or agency
authorized by this title or by resolution of the city council
to implement or enforce any or all of this title.
"Animal pound" means any
temporary animal pound, or pound
the city, or any other person or
under contract to the city, or
animal pound by resolution of th
an animal pound.
dog pound, animal shelter,
vehicle owned or operated by
entity on behalf of the city,
ny facility designated as an
e city may be referred to as
New definitions were added for terms used but not defined in the old
ordinance. This removes ambiguities that have caused confusion or
concern in the past. Newly defined terms are: "Animal ", "Animal
Compliance Officer ", "Animal Regulation Department ", "Bovine
Animal ", "Diseased or Injured Animal ", "Hearing Officer ", "Household
Pet ", "Keep or Keeper ", and "Poundmaster ".
6.04.020 Recordkee ing
A section on public access that is superceded by state law was
deleted.
6.04.030 Rates and Charges
The next significant area of change in the ordinance can be seen in
this section and other sections pertaining to setting charges,
rates, and fees associated with Animal Compliance services. Here and
elsewhere when fees, charges, or rate setting is mentioned, "City
Council" replaces "board of supervisors."
M: \JHrand \M \Moorpark \City Council \CC Agenda Staff Reports \CC 2005 \AR Chapter 6 first readinw 002 0 4
Title 6 - Animal Ordinance
CC Meeting of September 21, 2005
Page 4
6.04.040 Defense in Prosecutions
Reworded for clarification.
6.04.050 Enforcement Authorit
As indicated, changes are made to allow the City Council to
authorize to what extent City employees may enforce all or parts of
the ordinance. Both county and City Animal Compliance Officers
(ACOs) may be given authority as public (not peace) officers for
enforcement; however, the City Council and the City Manager may
establish their own rules or procedures limiting arrests and the use
of weapons by City staff.
Chapter 6.08 Animal Compliance
This chapter was renamed. The previous name was "Animal Control ".
6.08.010 Right of Entry Authority
This section was rewritten and reorganized for easier reading and
comprehension. It does not change under what purposes an ACO can
enter private property. As before, entry on private property may
only occur during daylight for certain purposes. The right of entry
of an ACO never includes entering an occupied dwelling, only the
yard and out buildings on a property.
6.08.020 Authority to Inspect Licenses or Animals
Reworded for clarification and renumbered (formerly section
6.08.060) .
6.08.030 Animals Running at Large
Reworded for clarification and renumbered (formerly section
6.08.020).
6.08.040 Animals on Public Beach
This section was deleted.
6.08.040 Leash Requirements
Reworded for clarification and renumbered (formerly section
6.08.030).
6.08.050 Removal of Dog Defecation
Reworded for clarification and renumbered (formerly section
6.08.090) .
6.08.060 Destruction of Dangerous Dogs
The words "subject to lethal force" were added to replace "shot
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CC Meeting of September 21, 2005
Page 5
dead" (formerly section 6.08.090, moved to place it with other key
dog enforcement sections).
6.08.070 Noisy Animals
This section was modified to ensure that it is enforceable and that
it applies to any animal making noises that may constitute a
violation, not just dogs. In the past the county's noise provision
was, in at least one instance, ruled unenforceable by a Ventura
County Municipal Court judge. Staff made changes based on language
that has been successfully enforced in other jurisdictions. On the
other hand, staff was mindful that an over reaching noise
prohibition may be subject to abuse by complaining parties. The
changes proposed allow for a citation by an ACO when certain
specified factors have been considered.
6.08.080 Keeping of Stallions
This section was deleted and reserved for future use. (Husbandry of
large animals is addressed in the City Zoning Ordinance.)
6.08.090 Reserved
A section is reserved (left blank) for future use in order to keep
the section numbering for nuisances consistent with the county
ordinance.
6.08.100 Designated Nuisances
This section remains numbered as before to keep it consistent with
the county's nuisance tracking system for the City. The nuisances
section was reworded with only one significant change to remove an
ambiguity in the old ordinance. It is made clear that the designated
nuisances apply to all-animals. In particular that Nuisance #3 -
"barks or cries" (etc.) applies to any animal, not only to dogs.
However, the Council should be made aware that the County Hearing
Officer, the Ventura County Animal Regulation Department Director,
has indicated that only noise nuisances against dogs would be
considered at County Nuisance Abatement Hearings. As a result, staff
proposes that the Council designate two Hearing Officers in the
enabling resolution that the Council may consider after a second
reading of this ordinance. One being the Ventura County Animal
Regulation Department Director for dog noise nuisance hearings, and
the second Hearing Officer being the City Manager or his or her
designee for nuisance hearings about other animals.
6.08.110 Nuisance Complaints
Reworded for clarification.
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Title 6 - Animal Ordinance
CC Meeting of September 21, 2005
Page 6
6.08.120 Notice to Abate Nuisances
Reworded for clarification.
6.08.130 Impoundment Pending Nuisance Hearing
Reworded for clarification.
6.08.140 Nuisance Hearing Procedure
The word "documents" replaces "books and papers ", and this section
was reworded for clarification.
6.08.150 Nuisance Hearing Findings and Orders
Reworded for clarification.
6.08.160 Failure to Comply with Nuisance Orders
Reworded for clarification.
6.08.170 Appeal of nuisance hearing findings and orders
This section was added for clarification that any appeal of animal
nuisance hearing findings and orders shall be filed in the Ventura
County Superior Court. This is an exception to other titles in the
Municipal Code, where currently (for example) a nuisance abatement
hearing related to property maintenance may be appealed to the City
Council. This proposed new language clarifies existing procedures
for handling appeals. It is also consistent with appeal procedure
typically found in Administrative Citation Ordinances.
Chapter 6.12 Impoundment
6.12.010 Enforcement Authorit
Reworded for clarification.
6.12.020 Interfering with Poundmaster, Hearing Officer, or Animal
Compliance Officer Prohibited
Reworded for clarification and "Hearing Officer, or Animal
Compliance Officer" added.
6.12.030 Definitions
Deleted. Remaining sections renumbered accordingly.
6.12.030 Impoundment Requirements and Exceptions
Reworded for clarification and renumbered (formerly section
6.12.040).
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CC Meeting of September 21, 2005
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6.12.040 Notice of Impoundment
Reworded for clarification, deleted time limits superceded by
law, and renumbered (formerly section 6.12.050)
6.12.050 Disposal of Impounded Animals
Reworded for clarification and deleted time limits superceded by
law. (formerly section 6.12.060)
6.12.060 Diseased or Injured Animals
Reworded for clarification and renumbered (formerly section
6.12.090)
6.12.070 Deposit of neutering and Spaying Costs
Deleted.
6.12.070 Livestock Running at Large
Reworded for clarification and renumbered (formerly section
6.12.100)
6.12.080 Animals for Medical Research.
Deleted.
6.12.080 Disposal of Impounded Livestock
Reworded for clarification and "the City or state law added ", and
renumbered (formerly section 6.12.110).
6.12.090 Fees for Redeeming Livestock
City Council replaces board of supervisors and renumbered (formerly
section 6.12.120).
6.12.100 Nonliability of City and County
Reworded for clarification and renumbered (formerly section
6.12.130).
6.12.110 Temporary Animal Pound
Reworded for clarification and renumbered (formerly section
6.12.140).
Chapter 6.16 Licensing of Dogs and Cats
6.16.010 Licenses Required
Reworded for clarification and "the City or its agent" added.
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CC Meeting of September 21, 2005
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6.16.020 Application
No changes.
6.16.030 Licensing Period
"City or its agent" added.
6.16.040 Fee
"City Council" replaces "board of supervisors."
6.16.050 Exemption From Fee
The exemption from animal license fees for service animals (guide
dogs) is extended to current or retired police dogs and dogs
honorably discharged from the armed services of the United States.
Licenses would be issued at no charge to exempt dogs.
6.16.060 Due Date and Penalties
"City" added.
6.16.070 Tag Issuance
No changes.
6.16.080 Tag Exemption
No changes.
6.16.090 Tag Replacement
Reworded for clarification.
6.16.100 Transferability
Reworded for clarification.
6.16.110 Prohibited Conduct
Reworded for clarification.
Chapter 6.20 Rabies Control
6.20.010 Vaccination Required
No changes.
6.20.020 Vaccination Procedures
Reworded for clarification.
6.20.030 Isolation of Suspected Animals
Reworded for clarification and deleted time limits superceded by
law.
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Title 6 - Animal Ordinance
CC Meeting of September 21, 2005
Page 9
6.20.040 Reporting Rabies
Reworded for clarification.
6.20.050 Reporting of Bite Cases
Reworded for clarification.
6.20.060 Isolation of Biting Animals
The term "eighteen (18) years of age or older" replaces "twenty -one
(21) years of age or older" and this section was reworded for
clarification.
6.20.070 Isolation of Animals Contacting Rabid Animals
The term "eighteen (18) years of age or older" replaces "twenty -one
(21) years of age or older" and this section was reworded for
clarification.
6.20.080 Violation of Isolation Requirements
Reworded for clarification.
6.20.090 Redemption of Isolated Animals
Deleted time limits superceded by law.
6.20.100 Isolation Fees
Reworded for clarification and deleted obsolete language specifying
the examination tools and lab tests to be used.
Chapter 6.24 Wild Animals
6.24.010 Definitions
This section was deleted. Definitions moved to be together in
Chapter 6.04.010.
6.24.010 Purpose
This section was added to make it clear that that City zoning and
land use requirements must also be met regarding wild or exotic
animals.
6.24.020 Prohibitions
No changes.
6.24.030 License Required
No changes.
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Title 6 - Animal Ordinance
CC Meeting of September 21, 2005
Page 10
6.24.040 License Application
"The City or its agent" is added, and a requirement that City zoning
and land use requirements must be met before a wild animal license
may be issued.
6.24.050 License Fee
"City Council" replaces "board of supervisors."
6.24.060 License Term
No changes.
6.24.070 License Revocation
Reworded for clarification.
6.24.080 Confinement
Reworded for clarification.
6.24.090 Notice of Escape
The "City" is added.
6.24.100 Disposition of Animals Running at Large
The "City" is added.
6.24.110 Release of Wild Animals
The "City" is added.
6.24.120 Zoning Compliance Required
Reworded for clarification and moved to section 6.24.010.
6.24.130 Penalty for Violation
Deleted as redundant (Penalty for violations of Municipal Code
addressed in Title I General Provisions, Chapter 1.12 Enforcement
and Penalties).
Possible Additional Change to Consider
A significant change considered but not included in the proposed
ordinance is one that is intended to improve license compliance. It
is a provision that requires veterinarians to submit copies of
rabies vaccination certificates to the City. This allows the City to
verify that dog and cat owners properly vaccinate their pets and
assists in establishing a data base to be used to notify owners when
it is time to renew licenses. This provision is included in the
American Veterinary Medical Association's model Rabies Ordinance,
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and it has been adopted in urban areas such as Los Angeles and
Orange counties. The Ventura County ordinance does not include the
provision requiring veterinarians to report rabies vaccinations.
There are significant concerns about requiring veterinarians to
submit reports or subject them to a misdemeanor /infraction violation
if they do not do so.
If Council wishes to make any changes 1
those included in Attachment "A ", the
amended prior to introducing the ordina
another time. Staff will bring the resc
ordinance to Council for consideration
reading of the ordinance.
STAFF RECOMMENDATION
:o the ordinance other than
ordinance would have to be
nce for first reading or at
>lutions referred to in the
at the time of the second
Introduce Ordinance No. for first reading, waive full reading
of the ordinance, and declare the ordinance introduced for first
reading.
Exhibit: 1 Ordinance Number
Attachment "A" Proposed Ordinance in Legislative Format
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