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HomeMy WebLinkAboutAGENDA REPORT 2005 0921 CC REG ITEM 09BTO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council John Brand, Senior Management September 8, 2005 (CC Meeting ITEM q . 8. CITY OF MOORPARK, CALIFORNIA City Council Muting of 9 ACTION: 5,&90 3- Analyst 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 Sections of the old ordinance superceded by state law are deleted and updated standard sections have been included.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 000329 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 2000 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. 000330 M: \JBrand \M \Moorpark \City Council \CC Agenda Staff Reports \CC 2005 \AR Chapter 6 first reading.doc 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 dog pound, animal shelter, temporary animal pound, or pound vehicle owned or operated by the city, or any other person or entity 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. 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 Recordkeeping 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." 000331 M: \JBrand \M \Moorpark \City Council \CC Agenda Staff Reports \CC 2005 \AR Chapter 6 first reading.doc 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 Authority 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 word "dead" was added (formerly section 6.08.090, moved to place 000332 M: \JBrand \M \Moorpark \City Council \CC Agenda Staff Reports \CC 2005 \AR Chapter 6 first reading.doc Title 6 - Animal Ordinance CC Meeting of September 21, 2005 Page 5 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. O® ®333 M: \JBrand \M \Moorpark \City Council \CC Agenda Staff Reports \CC 2005 \AR Chapter 6 first reading.doc 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 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). 000334 M: \JBrand \M \Moorpark \City Council \CC Agenda Staff Reports \CC 2005 \AR Chapter 6 first reading.doc Title 6 - Animal Ordinance CC Meeting of September 21, 2005 Page 7 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. 000335 M: \JBrand \M \Moorpark \City Council \CC Agenda Staff Reports \CC 2005 \AR Chapter 6 first reading.doc Title 6 - Animal Ordinance CC Meeting of September 21, 2005 Page 8 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. 000336 M: \JBrand \M \Moorpark \City Council \CC Agenda Staff Reports \CC 2005 \AR Chapter 6 first reading.doc 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 Reworded for clarification. 6.20.070 Isolation of Animals Contacting Rabid Animals 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. 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. 000337 M: \JBrand \M \Moorpark \City Council \CC Agenda Staff Reports \CC 2005 \AR Chapter 6 first reading.doc Title 6 - Animal Ordinance CC Meeting of September 21, 2005 Page 10 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, 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 000338 M: \JBrand \M \Moorpark \City Council \CC Agenda Staff Reports \CC 2005 \AR Chapter 6 first reading.doc Title 6 - Animal Ordinance CC Meeting of September 21, 2005 Page 11 submit reports or subject them to a misdemeanor /infraction violation if they do not do so. If Council wishes to make any changes to the ordinance other than those included in Attachment "A ", the ordinance would have to be amended prior to introducing the ordinance for first reading or at another time. Staff will bring the resolutions referred to in the ordinance to Council for consideration at the time of the second reading of the ordinance. STAFF RECOMMENDATION 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 000339 M: \JBrand \M \Moorpark \City Council \CC Agenda Staff Reports \CC 2005 \AR Chapter 6 first reading.doc Exhibit "1" TITLE VI ANIMAL REGULATIONS ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, REPLACING TITLE VI, ANIMAL COMPLIANCES OF THE MOORPARK MUNICIPAL CODE WHEREAS, the City Council wishes to update its Animal Compliances ordinance 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. 000340 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 000341 Chapters: 6.04 6.08 6.12 6.16 6.20 6.24 Chapter 6.04 Attachment "A" Title VI ANIMAL REGULATIONS General Provisions Animal Compliance Impoundment Licensing of Dogs and Cats Rabies Control Wild Animals 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. Id NIM 000342 " " and 000342 Attachment "A" (continued) A deg "Funs at la Fge" when it is upen the A pFivate pFopeFty without the leash. 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 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 regulation department ", means the person 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 other person or entity 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 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 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 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. Title 6 Animal Compliance Page 6 -2 000343 Attachment "A" (continued) "Livestock" includes horses, ponies, mules, burros, jacks and jennies, cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs, and all other domestic or 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. "Poundmaster" means the person or agency designated by resolution of the city council to exercise duties and authority of the poundmaster 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 poundmaster 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. by the PGURdmasteF for whiGh Re Fate OF GhaFge i6 designated OR this GGde If rates and charges for services rendered by the Poundmaster 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 defeRdant. The defendant has the burden of producing evidence to establish to the satisfaction of the Hearina 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 poundmaster, 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 poundmaster and Title 6 Animal Compliance Page 6 -3 Q®© -344 Attachment "A" (continued) deputies that the poundmaster may designate are further authorized to carry and use weapons while actually engaged in the performance of their duties. Title 6 Animal Compliance Page 6 -4 000345 Attachment "A" (continued) Chapter 6.08 ANIMAL COMPLIANCE Sections: 6.08.010 Right of entry authority. 6.08.020 Authority to inspect licenses or animals. 6.08.030 Animals running at large. 6.08.040 Leash requirements. 6.08.050 Removal of dog defecation. 6.08.060 Destruction of dangerous dogs. 6.08.070 Noisy animals. 6.08.080 Reserved. 6.08.090 Reserved. 6.08.100 Designated nuisances. 6.08.110 Nuisance complaints. 6.08.120 Notice to abate nuisances. 6.08.130 Impoundment pending nuisance hearing. 6.08.140 Nuisance hearing procedures. 6.08.150 Nuisance hearing findings and orders. 6.08.160 Failure to comply with nuisance order. 6.08.170 Appeal of nuisance hearing findings and orders 6.08.010 Right of entry authority. TrP Title 6 Animal Compliance Page 6 -5 000346 Attachment "A" (continued) An Animal Compliance officer or any public or peace officer may enter onto private property but not enter dwellings located there, 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 6.08.130 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 6.08.160 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. 6.08.020 MOM'S Funning at !aFgG. Feed and AgFieultuFal God-e- 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. 6.08.030 Leash Fe9UiFe,mTe nW. Title 6 Animal Compliance Page 6 -6 000347 Attachment "A" (continued) pFevided, however, that the PFGhibitiGR ef this ser-tion shall not apply to any beaGh or pertkN4 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 no longer than six feet and it 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 properly 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 properly 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 sec.) who is accompanied by a service animal which has been trained by a person licensed under Section 7200 et sea of the Business and Professions Code. 6.08.060 DeStFUGtiGn of wild dogs. Title 6 Animal Compliance Page 6 -7 000348 Attachment "A" (continued) 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 shot dead by any peace officer or taken up and destroyed in a humane manner by the poundmaster. 6.08.070 Noisy animals. whining 9F other noose UnFeasenably disturb6 the peaGe, GoFnfeFt 9F quiet of any resident of the ReighbGFheed shall be guilty 91 a misdemeaRer�iRfFaGtieR. A. It is unlawful for anv 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 enioyment 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 use time or place as to cause or contribute to the unnecessary and unreasonable discomfort of any person. 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 followina 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 anv. 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 IwLplklg- 6.08.080 Reserved. Title 6 Animal Compliance Page 6 -8 000349 Attachment "A" (continued) 6.08.090 Reserved. 6.08.100 Designated nuisances. of the nemle Ftahle n geymnnt of theiF h.�. s; ,.,.....,........ ..� 7vprrrcnrvrcrr� n-- r.vrrrcT 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 lawfullv 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- cohabitatina persons residing in the neighborhood of the comfortable enioyment 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 iniuryi Title 6 Animal Compliance Page 6 -9 000350 Attachment "A" (continued) 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 Sections 6.08.110 through 6.08.160 of this chapter. Such procedures are in addition to any other remedies that may be available under applicable law. 6.08.110 Nuisance complaints. A. Any person aaarieved by an alleged public nuisance in the previous section 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. 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 supportina documents will be submitted to the hearing officer. 6.08.120 Notice to abate nuisances. ; B. State that a heaFing will be held to deteFFR*ne whetheF the animal de6GFibed OR the may be abated as provided in thi6 Ghapter-, G. State the time, WhiGh shall be net IeG6 thaR fifteen 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 -10 00035 Attachment "A" (continued) 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 6.08 100 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. 6.08.130 Impoundment pending nuisance hearing. , A. If it appears to the poundmaster from the complaint or other information available that the animal is being kept or maintained in a manner that poses an imminent threat to the safety of persons or property, the poundmaster may immediately impound and hold the animal until the hearing is held and findings are issued pursuant to this chapter. 1. If the animal is found to be a nuisance by the hearina officer and the hearina officer has ordered the destruction of the animal, then the poundmaster 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 6.08.150 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. 6.08.140 Nuisance hearing procedures. A. WeaFiRq. The heaFiRg rshall be PWb1wG and 6hall be held before the peundrna6tw at the time and plaGe nOt"Ged GF at 6UGh other time or plaGe a6 may be mutually agreed to by the default. N. Title 6 Animal Compliance Page 6 -11 000352 Attachment "A" (continued) 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 poundmaster. the city. the complainant, and the owner or keeper of the animal The hearing officer may continue the hearina 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 reauests 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 hearina officer will issue subpoenas and subpoenas duces 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 books and papers before the hearing officer may wrongfully nealect or refuse to appear, or to testify or to produce such books and papers Title 6 Animal Compliance Page 6 -12 000353 I goo .. le ON- .. WIN WN 0- 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 poundmaster. the city. the complainant, and the owner or keeper of the animal The hearing officer may continue the hearina 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 reauests 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 hearina officer will issue subpoenas and subpoenas duces 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 books and papers before the hearing officer may wrongfully nealect or refuse to appear, or to testify or to produce such books and papers Title 6 Animal Compliance Page 6 -12 000353 Attachment "A" (continued) E. Recordina. The hearing officer must record the hearing on a recording device The hearing officer must make a reasonable effort to make such recordina 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 My of the recording or a transcript prepared of the hearing to any party who requests it and Days the cost of making such copy or preparing such transcript. 6.08.150 Nuisance hearing findings and orders. PGURdmastW shall make a WFi#eR findffiRg that the animal either is 9F 06 Ret a pub-lin- R-Hii-s—amr--e a6 def *Red on SeGtion 6.09.100 Gf this Ghapter. SuGh linding rshall be supported by the weight of the 1. if me evmdeRGe is pFesented, the finding shall be that the animal iS nOt a pUbliG Ru*GanGem . A. At the conclusion of the hearing, or within a reasonable time after the hearing the hearina officer must make a written finding that the animal either is or is not a public nuisance as defined in Section 6.08. 100 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 findina 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 findina that an animal is a nuisance and the order to abate the nuisance is deemed to be given as of the date of personal deliver, or, in the event of notice by mail then as of five (5) calendar days after the notice is deposited in the mail. 6.08.160 Failure to comply with nuisance order. FnmsdeFn9aREWiRfFaGtiE)R; PFOVided, however, that humane destruet*9A E)f the aRkRal within SuGh tome 10mat shall be deemed GemplianGe with the 9rder FegaFdlerls 9f the abatement aGt;E)R time knit c.epaFate effe B. The peundmasteF Rd summaFily deStFE)y any aRiFnal being kept OF FnaiRtained 'R Title 6 Animal Compliance Page 6 -13 000354 Attachment "A" (continued) A. It is unlawful for the owner or keeper of the animal to fail to take anv 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 poundmaster may seize and summarily destroy any animal beina kept or maintained in violation of such order of the hearing officer 6.08.170 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 -14 000355 Attachment "A" (continued) Chapter 6.12 IMPOUNDMENT Sections: 6.12.010 Enforcement authority. 6.12.020 Interfering with poundmaster, 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 shall be the duty ef the animal GGR#91 te dir-,GhaFge the duties—of It is the duty of the poundmaster 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 poundmaster, 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 poundmaster, 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. Any animal 1GWRd und9F GenditiORG or in areas pFehibited by SeGtiGnS 6.08.020 OF 6.08-030 of this title shall be takeR by the department of animal GentFol and i PFeVided, that ne sueh animal is staked eF tied feF the pwpese ef gFazi - . .- . iate pmpeAyL, A. Any animal found under conditions or in areas prohibited by Sections 6 08 030 or 6.08.040 of this title must be taken up by an Animal Compliance officer and impounded to the animal pound, except as follows: Title 6 Animal Compliance Page 6 -15 000356 Attachment "A" (continued) 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 ci 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. PFOV 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 pew;dma6teF shall feed and Ewe iOF any animal impeunded as pFayffided in this ef this title, the peF60 Sh OMPOURded deg Fnay Fedeem it at aRy time within 6eventy- Fedemption peFied, the twenty few (24) hours of any E;a!eRdaF day dwing whiGh the paund is not roeventy two (72) hGUFr-, fGF F9d9FnptffiGR shall begin when written notir0e; of 61-19-h 4& G19PE)6ffited On the mail, postage > , an Ow 149 — Seventy-two (72) hour redemption peried in wFit"Rg. it the "FnpawRded deg beaF6 a IiGeR6e tag Title 6 Animal Compliance Page 6 -16 000357 Attachment "A" (continued) pFevide it with a good heme, 9F the peundmasteF Fnay sell sueh animal to a state ehaFteFed humane seeiety. When an animal us FetUFRed te the pound within ten days ef SUG14 Gale, the buyeF eF GtheF peF69n FetUFRiRg the animal shall not be given the diSGFetiGR to sold as a pet 9F te aRy state eharteFed humane seemety shall be aG pFeSGF*bed by Feselutien of A. The poundmaster 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 poundmaster 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 poundmaster must dispose of the abandoned animal according to the provisions of applicable law, 1. Any animal impounded as provided in this title is not redeemed. or 2. If the animal owner is unknown to the poundmaster. 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 poundmaster 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 poundmaster must determine whether an impounded animal is diseased or injured. B. The poundmaster 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 poundmaster 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 poundmaster must dispose of such animal as otherwise provided by applicable law. 6.12.070 DepGsit of R8UteFeng and spaying Gosts. 6m!2.960 of thus GhapteF unle6s the peFSOR pumhasing the dog ha6 first signed a wFitteR premi6e. ef a female dog. The 6peGified deadline shall be the one hURdFed eightieth (180th) day afteF suGh PUFG.,aGe eF the day e6timated by the peuRdFnasteF to be the day on whiGh the dog will female dog, whieheyer day is lateF on time. The deposit us nonFefundable, but may be traRsfeFred Title 6 Animal Compliance Page 6 -17 000358 Attachment "A" (continued) RFM _ ._ .•. DepaFtFnent .. ef 3. A dog has been impounded in an anknal fGF least ten pound at (10) eenseeutive days w-- - - "rr 3M Title 6 Animal Compliance Page 6 -18 000359 Attachment "A" (continued) 6.12.070 Livestock running at large. B The_ncundFnastcrir authcri=ev Whenever he- dP2ms-, It nesessa•" to depw *' Code. .0divid-H-als, who are properly equipped, tG Gapture and transport liveW)Gk whiGh *6 running-at the rirsk of the A-IUMPW and the 9WReF or keeper of MiFnal *r,, liable for ;all feeG .-;Pt fnrth OR 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 cites B. Whenever it is deemed necessary by the poundmaster, 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 A. Upon the impounding of any "Yestook E)theF than bovine aRiFnals, the peundmasteF MP9Undq4d- 13. SUGh RE)t.Ge rshall state that, URIess the aRimal *F_; red-e-e-Med prior to rsale, it will be SGtd to the higher-st bbid-der at the tame and MaGe thw9iR foxed, ROt less thaR teR (10) nor FneFe thai4 behalf Gf th9 G96IRty, them -arnewint required to FeGGVeF the G96IRty'S G96tS OR GORR9Gt*Gn With GUG# UPOW ; and 2. Paying the set feFth in SeGtiGR 6 1 O 120 of this i+hapteF Title 6 Animal Compliance Page 6 -19 0003GO Attachment "A" (continued) h. G behalf, + 91 hwE; ltle nhall mesa title iheFeel in the r�..rnhaseF .+, ,..+., vva title v, v 6.12.080 Disposal of impounded livestock. A. The poundmaster 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 poundmaster• and 2. Pang 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 poundmaster 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. fees befGFe deliveFiRg the aRiFnal to the peF69R Fedeeming it. SUGh fees shall be On such If any impounded livestock is redeemed, the poundmaster 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 and county. All aR*Fna!6 speeified on this title whqoh may be iMPOURded shall be I(ept at the Fisk ef the , �ded, 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. NefiGe that aR enG!GSUF i . ;a! PGURd shall be given by plaGing a sign to that effen+ r.n the rate 9r ethn +r nn +he + Title 6 Animal Compliance Page 6 -20 000361 Attachment "A" (continued) The poundmaster 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 b placing lacing a sign with wording to that effect on the pate or other entrance of the enclosure. The placement, size and wording of the sign are subject to the approval of the poundmaster. Title 6 Animal Compliance Page 6 -21 000362 Attachment "A" (continued) 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 ReqUiFed. GUFFeRt lieeRse and lieense tag issued under t' . . . 3 E)f thiG Gha m ' . —sat OF deg. W9FR at all times by the Gat OF dog fer whiGh the tag wa6 issued, except a6 pFevided in SeGti 6.16m0 10G ... 1). EveFy peFSE)R who vielates any of the pFevisieRG of this seotien is guilty ef an Em- .. up and impeuRded by the PE)URdFnasteF OF any peaGe offiew. 6.16.010 Licenses required. A. Every person who owns, harbors or keeps any dog or cat over the age of four f4) months within the city for thirty (30) days or longer must maintain a current license and license tap issued as required by this title for each docl 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 6.16.0 1OC or Section 6.16.080 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 taken up 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 taken up and impounded by an Animal Compliance Title 6 Animal Compliance Page 6 -22 000363 Attachment "A" (continued) 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 ci 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. affidavit afte6tiRg te the faGt that the deg well -he u-seedd as a guide dog shall be given to the Offi i ssuffing the seR6e 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 seg.). 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 Title 6 Animal Compliance Page 6 -23 000364 Attachment "A" (continued) 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 theity c 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. 6.16.110 Prohibited conduct. EyeFy peF69R who counterfeits tag was issued, eF who ebtaiRs a deg 9F eat "Gense and, OR doing so, states as tFue any FnateFia1 Title 6 Animal Compliance Page 6 -24 000365 Attachment "A" (continued) 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 citv. 2. Counterfeit a doa or cat license fay. 3. Attach a license to to o any dog or cat other than the one for which the taa 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. Title 6 Animal Compliance Page 6 -25 0003G j Attachment "A" (continued) 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. +heFefeF shall be ad fE)r +'on at such + n'1'+' l'H'nc� �V�V, shall ,,,,.AMV ,V, YU 1 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. suGh irselatiOR "R a private animal hospital OF GiiniG. ARy animal plaGed iR suGh iselatien shall be 9#iGeF. Except as etheFw*Ge pFevided in Seetien 6.20.100 Gi this GhapteF, sUGh i6GlatiGn Shall peFied, aRy animal GenfiRed at aR animal pound shall be Feleased upon paymeRt ef the fee set feFth *R SeGtiOR 6.20.090 Of this GhapteF ii, in the GpiniOR of any "Gensed veteFiRaFiaR OF the GGunty health OffiGeF, Guoh animal does not have , . Title 6 Animal Compliance Page 6 -26 000367 Attachment "A" (continued) The poundmaster must take up 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 poundmaster: 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 shall be the duty of eveFy phy6iGiaR 9F other peF69n whe UeM6 aRY peF6GR f9F a bete deem to be helplul On Fabies ceRtFol-. 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 poundmaster the name and address of each person receiving such treatment and, upon request of the poundmaster, to report to such officer any additional information relatina to the bite or treatment as the poundmaster may deem to be helpful in rabies control. 6.20.060 Isolation of biting animals. Title 6 Animal Compliance Page 6 -27 000368 mpeunded and the Fn SPAtOOR 6.20-030 6.20.4 00 Gi thi6 Ghapter, GuGh i6elatiGR shall GGRtiRUe f9F lea6t ten 0) day6 from the bite if the animal is a dog OF Gat le—ast fourteen (4 4) days 49m the at (4 9F f9F at date the bite of the irs, dog the date 4 B. . ef animal not a OF a Gat. .... Title 6 Animal Compliance Page 6 -27 000368 Attachment "A" (continued) -0-0 KNOM A. Any person, who is twenty -one (2 1) years of age or older may make a written request to the poundmaster 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 poundmaster, the isolated biting animal must be kept strictly confined and isolated in accordance with the poundmaster's orders and a conspicuous notice on a sign and with wording approved by the poundmaster 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 poundmaster until the fees set forth by resolution of the city council are paid, and in the opinion of any licensed veterinarian or the poundmaster, the animal does not have rabies. D. The poundmaster must be notified prior to releasing an animal from isolation. The poundmaster may require any veterinarian to submit a written opinion to the poundmaster that the animal does not have rabies. 6.20.070 Isolation of animals contacting rabid animals. , and iselafe- #er the - isslafieR pwied -set feet" ffiR this ses ' ^ ^f ^,^l rec nsGd eF not of speG es subjeet te FaNes whiGh animal has been bitten by-pair- 1— - --.. anknal that es Fabid E)F suspeGted ef haviAg Fabies. The animal shall be impounded and iselat of having Fab+es�sept as e##erse- revided --in ReETien�.� ^� ^tee; this ehapteF, E;u� has been vaee*nated aga*RGt Fabies net less than thiFty (30) days PFeViGUE;1y and swli anknal 6hall not be taken up and impounded but shall iRstead be kept r-,tFuGtly aM4 PGURdFna6ter shall PE)6t 6WGh private prem*696 With GGRSP*GUE)U6 RGt*Ge that aR aROFAal 06 beOI49 6E)Iated "R an animal pound shall be releaGed upen payment of the fees set forth OR See-tieR , rp, A. Except as otherwise provided in this chapter, anv animal that is a member of a species subiect 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 Title 6 Animal Compliance Page 6 -28 0003G9 Attachment "A" (continued) 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 twenty -one (21) years of age or older may make a written request to the poundmaster 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 reguest is approved by the poundmaster, then all of the requirements in this chapter for the isolation of a biting animal apply 6.20.080 Violation of isolation requirements. anmal GGA1*A9_d_ and- iselated upon his pFivate prem1696 as provided in SeGtiqR 6.20.060 E)F , he taken up forthwith by the peundmaster and mrolated at the pound fGF the duFation of thG , . 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 taken up by the poundmaster without delay and isolated at the animal pound for the duration of the isolation period, subiect 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 poundmaster all applicable fees and obtaining any necessary license. the e*piratieR ef the iselatien peried rhall be deemed to have been abandoned and shall dirs,posed 91 as pFevide-d-in SeAMOOR 6.12.060 OF 6.42.080 Of this title. 6.20.100 Isolation fees. .�.r. MrMLOY, &M Title 6 Animal Compliance Page 6 -29 000370 Attachment "A" (continued) A. The poundmaster 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 poundmaster 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. Title 6 Animal Compliance Page 6 -30 000371 Attachment "A" (continued) 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. 6.24.130 Penalty fGF violation. 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 keepina 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. 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 poundmaster, demonstrating to the satisfaction of the poundmaster 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 poundmaster and must include the address and, where available, the telephone number of the applicant. 6.24.050 License fee. The fees fGr -# Title 6 Animal Compliance Page 6 -31 000372 Attachment "A" (continued) 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 poundmaster 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. 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. Title 6 Animal Compliance Page 6 -32 0003 73 Attachment "A" (continued) C. Reclamation by an owner or keeper of any impounded wild animal is permitted when the city and the poundmaster 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 -33 000374