HomeMy WebLinkAboutAGENDA REPORT 2005 1221 CC REG ITEM 11BCI'r*' OF MOORPARK, CALIFORNIA
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ITEM
ORDINANCE NO. 329
AN ORDINANCE OF THE CITY OF
MOORPARK, CALIFORNIA, REPLACING
TITLE VI, ANIMALS, OF THE MOORPARK
MUNICIPAL CODE
11. B.
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
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Code, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED AND ADOPTED this 21st day of December, 2005.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment "A" Title VI Animal Regulations
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ATTACHME14T "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.
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"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.
"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;
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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.
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 Chapter 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.
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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.
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
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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.
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;
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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.
Chapter 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 Chapter 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.
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;
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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;
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.
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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 tecum for attendance or production of documents at the hearing.
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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
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interpretation, and /or enforcement of the provisions of this Title shall be filed in the
Superior Court of Ventura County, California.
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.
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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.
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.
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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
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.
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Ordinance No. 329
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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 6.16.060 of this chapter.
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.
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Ordinance No. 329
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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.
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
00)015.4
Ordinance No. 329
Page 17
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.
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.
0001,_r75 5
Ordinance No. 329
Page 18
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.
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
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ordinance No. 329
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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 for
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
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Ordinance No. 329
Page 20
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.
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
000115S
Ordinance No. 329
Page 21
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.
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 1st and ending December 31st. 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.
00015-9
Ordinance No. 329
Page 22
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.
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.
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