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Home My WebLink AboutAGENDA REPORT 2022 0706 CCSA REG ITEM 09CCITY OF MOORPARK, CALIFORNIA City Council Meeting of July 6, 2022 ACTION INTRODUCED ORDINANCE NO. 504, AS AMENDED. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. C. Consider an Ordinance Repealing and Replacing in its Entirety Title 6, Animal Regulations, of the Moorpark Municipal Code, and Making a Determination of Exemption under the California Environmental Quality Act. Staff Recommendation: Introduce Ordinance No. 504 for first reading, waive full reading, and place this Ordinance on the agenda for the July 20, 2022, meeting for purposes of providing second reading and adoption of the Ordinance. (ROLL CALL VOTE REQUIRED) (Staff: Daniel Kim, City Engineer/Public Works Director) Item: 9.C. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Daniel Kim, City Engineer/Public Works Director DATE: 07/06/2022 Regular Meeting SUBJECT: Consider an Ordinance Repealing and Replacing in its Entirety Title 6, Animal Regulations, of the Moorpark Municipal Code, and Making a Determination of Exemption under the California Environmental Quality Act SUMMARY The City Council is being asked to consider updating Title 6 (Animal Regulations) of the Moorpark Municipal Code (MMC) to incorporate amendments to the MMC to provide consistency with changes to the County of Ventura’s (County) ordinance pertaining to municipal animal services function. The City contracts with the County for performance of a variety of animal services in the City. The County’s ordinance changes were numerous, but two in particular have significant impacts for local municipalities that utilize the County for shelter services and animal nuisance hearings by contract. In particular, two significant changes were new ordinance sections establishing barking dog citations and potentially dangerous and vicious dogs. City staff has worked with the City Attorney on revising the City’s Animal Regulations Ordinance (Title 6) to match the County’s ordinance where feasible. The proposed ordinance includes additional changes to Title 6, including various language updates as well as establishing a requirement for local businesses that issue rabies vaccinations to report the license information to the County in order to ensure that dogs and cats that are kept within the City have valid animal licenses. BACKGROUND On November 18, 2021, the County adopted revisions to its ordinance regulating animals (Chapter 4 of Division 4 of the Ventura County Code). While some of the changes were relatively innocuous, others were quite substantial. On January 28, 2022, the City received a letter from Ventura County Animal Services (VCAS) Director Jackie Rose requesting the City amend its Municipal Code to be consistent with the updated County ordinance. City staff has been working with the City Attorney to review and update the Item: 9.C. 98 Honorable City Council 07/06/2022 Regular Meeting Page 2 City’s Ordinance where applicable and is now presenting those proposed updates to City Council. The two primary changes made by the County that have the greatest impact to the City are: 1. The County will no longer enforce barking dog nuisances. Under the City’s current Code, barking dogs are handled via administrative hearings that, by contract, are conducted by the County. The change in County procedures impacts the City because the City does not utilize VCAS field staff except on an emergency basis. In order to continue enforcing provisions regulating barking dogs in the City, it is recommended that the MMC be amended to provide that barking dog nuisances will be handled via the City administrative citation process instead of automatically requiring an administrative hearing. As a result of this change, any administrative citations written for barking dogs would be issued by City staff. While the City’s current Ordinance (Section 6.08.080) already grants to City staff the ability to issue administrative citations for “noisy animals” that could include dogs, the City Attorney has recommended that the City update its ordinance to expressly address barking dog nuisances including the addition of language providing that the City will follow the City’s administrative citation process (MMC, Title 1, Chapter 1.16). The proposed City Ordinance would also authorize the City to issue barking dog nuisance declarations against a dog owner who receives three or more administrative citations. 2. The County ordinance eliminates all of its previous animal nuisance definitions and nuisance hearing process and replaces them with a new process for determination of “potentially dangerous and vicious dogs.” This new process is intended to bring VCAS more in line with enforcement of California Food and Agriculture Code Section 31601, et seq. The proposed City Ordinance includes new language to address potentially dangerous and vicious dogs, consistent with those state requirements. The definitions of potentially dangerous and vicious dogs help to provide a more restrictive definition and would therefore reduce the amount of time and effort spent investigating complaints against dogs. The Ordinance update would also establish that the determination of whether or not a dog is a potentially dangerous dog or a vicious dog may be handled through a neutral and impartial administrative hearing officer, or, through the court system. Through the new procedure, and contract with the County, staff from VCAS would determine which option to select, which will largely be determined by the severity of the particular case that is brought before VCAS. DISCUSSION In addition to the two major changes noted above, City staff is also taking the opportunity during this ordinance update to add a requirement previously established by the County a couple of years ago, requiring that all licensed veterinarians report administered rabies vaccinations to VCAS monthly. Required information includes: 99 Honorable City Council 07/06/2022 Regular Meeting Page 3 1. The name, residence address, telephone number, and if known, email address of the animal’s owner; 2. The name, age, sex (including spay/neuter status), species, breed, color, and, if known, microchip number of the animal; 3. The date on which the vaccination was administered, and the duration of the protection provided by the vaccination; 4. The type of vaccination used and its corresponding lot number; and 5. The name and license number of the veterinarian administering the vaccination and the name of the veterinary clinic/hospital at which the vaccination was administered. The County previously adopted the above ordinance change in response to ending its program of sending out canvassers who would go door-to-door to identify residential units where dogs (and in locations such as Moorpark) cats that were at the household but did not have an animal license. Through the use of reports from local licensed veterinarians, the City would be able to send out notices to households with a reported dog or cat that has received a rabies vaccination, informing the household that the animal must be licensed. An added benefit of this new requirement is that residents would no longer be required to provide copies of their animal’s rabies certificate to the City (or County) because that information would already be on file. In preparation for the proposed ordinance update, City staff performed outreach to veterinarians in Moorpark informing them of the proposed ordinance and that it would be considered by the City Council at the July 6 City Council meeting. City staff will summarize any comments received from veterinarians during the presentation of this staff report. There may also be veterinarians (or vet clinic staff) who wish to directly address City Council during the City Council meeting. The proposed ordinance update also includes several other sections, including (but not limited to): • Specifies that animal licenses will not be issued to anyone under the age of 18. • Specifies that dogs actively used by or retired from service from a governmental agency for law enforcement, search and rescue, or fire protection purposes may receive a license at no charge. • Includes a section that outlines the procedure for appealing administrative citations issued by field staff consistent with the same process as used by the County in its ordinance. While it is unlikely that VCAS field staff would issue a citation to a Moorpark resident, it is possible and thus it is recommended that the City’s procedures utilize the same procedures for ease of enforcement. For instance, VCAS staff may respond 100 Honorable City Council 07/06/2022 Regular Meeting Page 4 to a dog at-large report that occurs during the weekend when the City’s staff are not in the field. • Includes a section disclosing the provision of the County’s ordinance specifying the type of confidentiality that will be provided by the County’s animal shelter for individuals who adopt an animal from the County shelter. • Adds a section specifying prohibited conduct against a dog used by peace officers. • Establishes a procedure for rescuing domestic animals that are deemed abandoned. • Adds general updates throughout the City’s ordinance such as revisions to include consistent terminology. For example, “pound” has been replaced with “animal shelter” and “pound keeper” has been replaced with “shelter director”. • In some instances, the sections of the City’s ordinance have been updated to match the language of the County’s ordinance. The changes are not specifically substantive, but they will help to mirror the two ordinances and processes. During the initial review of the City’s ordinance, staff attempted to determine if a complete ‘remove and replace’ could be performed and essentially mirror the City’s ordinance with the County’s ordinance format. After thoroughly reviewing both ordinances, staff determined that there were still too many variations between the two ordinances to establish a mirrored ordinance; additionally, if the City’s Animal Regulations ordinance were changed to match the format of the County’s ordinance, the City’s Animal Regulations’ ordinance would not follow the overall format of the City’s remaining Ordinance titles. As a result, the proposed ordinance retains consistency with the format of other provisions of the Municipal Code. Attachment 1 provides the revised Title 6 in legislative format so that all changes are identifiable through new text highlighted and deleted text marked by strikeouts. Attachment 2 provides the revised Title 6 with all changes accepted. ENVIRONMENTAL DETERMINATION The Community Development Director has reviewed the contents of this Draft Ordinance and determined that adoption of this Draft Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) by the general rule that CEQA only applies to projects that may have a significant effect on the environment. FISCAL IMPACT There is no fiscal impact associated with the adoption of the proposed ordinance. 101 Honorable City Council 07/06/2022 Regular Meeting Page 5 COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) Introduce Ordinance No. ___ for first reading, waive full reading, and place this Ordinance on the agenda for the July 20, 2022, meeting for purposes of providing second reading and adoption of the Ordinance. Attachment 1: Draft Ordinance in Legislative Format Attachment 2: Draft Ordinance with Changes Accepted (“clean” version) 102 12853-0005\2685992v1.doc LEGISLATIVE HISTORY ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF MOORPARK, REPEALING AND REPLACING IN ITS ENTIRETY TITLE 6 REGARDING ANIMAL SERVICES AND CONTROL OF THE MOORPARK MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA WHEREAS, the City of Moorpark, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City Council has determined that Title 6 (Animal Regulations) should be revised and updated; and WHEREAS, the City contracts with the County of Ventura for enforcement of Title 6; and after the County of Ventura updated its own animal control ordinance, the County requested that the City update Title 6 in order to make the City’s procedures consistent with the County’s ordinance in order to facilitate enforcement by the County; and WHEREAS, the Community Development Director has reviewed the contents of this Ordinance and determined that adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that CEQA only applies to projects that may have a significant effect on the environment. This Ordinance merely updates administrative and procedural requirements for animal services and control and has no potential to result in physical change to the environment, directly or indirectly. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council has reviewed the Community Development Director’s determination that this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the updated animal services regulations, as provided for in this Ordinance will not have a significant effect on the environment. SECTION 2. Title 6 (Animal Regulations) of the Moorpark Municipal Code is hereby repealed and amended in its entirety and restated to read as follows: ATTACHMENT 1 103 -2- 12853-0005\2685992v1.doc “Title 6 ANIMAL REGULATIONS Title Index: [title index is not included in this redline] Chapter 6.04 GENERAL PROVISIONS 6.04.010 Definitions. 6.04.020 Recordkeeping. 6.04.030 Rates and charges. 6.04.040 Defense in prosecutions. 6.04.050 Enforcement and prosecution of offender; cumulative remedies. 6.04.050060 Enforcement authority. 6.04.010 Definitions. Except as otherwise provided in Chapter 6.32 of this title, and uUnless the context otherwise requires, the terms used in this title are defined as follows: “Animal” means, but is not limited to, domestic or wild birds, poultry, fowl, fishes, reptiles, marsupials, and all other nonhuman mammals and non-mammals of any kind. “Animal compliance officer” means the person(s) or agency authorized by this title, by resolution of the city council, by the city manager or by contract to implement or enforce any or all of this title. “Animal shelterpound” means any dog pound, animal shelter, temporary animal shelterpound, or poundanimal services 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 other facility designated as an animal shelterpound by resolution of the city may be referred to as an animal shelterpound. “Animal regulation department” means the person(s) or agency designated by resolution of the city council, the city manager or by contract 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. “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” or “department director” means the person(s) or agency designated by this code, by resolution of the city council, by the city manager or by contract 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. 104 -3- 12853-0005\2685992v1.doc “Harbors” means when a person feeds or shelters an animal. “Hearing officer” means the person(s) or agency authorized by this title, resolution of the city council or by contract to conduct a hearinganimal 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” means and includes animals, including but not limited to fowl, horses, ponies, mules, burros, asses, jacks and jennies, cattle, cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs, llamas, emu, ostriches, bovine animals, and all other farm animals, and all other domesticated animals other than household petsexcluding dogs and cats. “Owner” or “to own” means a person(s) who has legal title to the animal, has the legal right to possession and use of the animal within the meaning of Civil Code Section 654, or is deemed to be the owner in accordance with Section 6.08.090, because that person has been the finder and keeper of a stray domestic animal that has not been claimed within thirty (30) dayswho has the right to possess or use an animal to the exclusion of others under the law and as it pertains to animals . “Peace officer” means a peace officer as that term is defined in Penal Code Section 830.1. “Shelter directorPound keeper” means the person(s) or agency designated by this title, by resolution of the city council, by the city manager or by contract to exercise duties and authority of the pound keepershelter director under this title. “Run 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. It is the duty of the pound keepershelter director to keep or cause to be kept, accurate and detailed records of: 105 -4- 12853-0005\2685992v1.doc A. All cats, dogs or livestock licensed, impounded, or sold; B. All animal bite cases reported and the results of the investigations thereof; C. All moneys received. 6.04.030 Rates and chargesfees. If rates and feescharges for services rendered by the shelter directorpound keepershelter director 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 on rates and charges for services rendered by the shelter director supersedes a resolution of the board of supervisors on the same subject. 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 that apply. In any prosecution for a violation of any provision of this chapter, the burden of producing evidence to establish any of the exemptions provided herein shall, in the first instance, be upon the defendant. 6.04.050 Enforcement and prosecution of offender; cumulative remedies. A. A violation of this title or any failure to comply with any requirement thereof, or any permit or license issued under this title shall, in the sole discretion of the city by and through the city attorney or other authorized personnel, be prosecuted in any manner provided for by law, including, but not limited to, the administrative, civil or the misdemeanor criminal prosecution of the offender (subject to the city's sole and absolute discretion to reduce the same to an infraction or administrative civil complaint) and as provided for in any chapter of this title and in Title 1, Chapter 1.10, Chapter 1.12 and Chapter 1.16 of this code. B. Any person in violation of this title or who fails to comply with any requirement thereof, and/or state and federal laws shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney may, in addition to the penalties proscribed in this section, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manner provided by law. C. Any person who violates any provision of this title or any permit or license issued under this title shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued, or permitted. D. The remedies and penalties provided in this section and title , and each chapter thereof, are cumulative and in addition to any other remedies available at law or in equity. 106 -5- 12853-0005\2685992v1.doc 6.04.050060 Enforcement authority. A. It is the duty of the department director, shelter director, animal compliance officer and/or any other person authorized by the city manager, by resolution of the city council or by contract to enforce the provisions of this title . B. In addition to such other authority as may be provided by law, the department director, his or her deputies, the pound keepershelter director, his or her deputies, and animal compliance officers and such other persons authorized by city council resolution or by contract 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 shelter directorpound keeper and deputies that the shelter directorpound keeper may designate, or such other persons authorized by city council resolution or by contract, are further authorized to carry and use weapons and tranquilizer while actually engaged in the performance of their duties. Chapter 6.08 ANIMAL COMPLIANCE 6.08.010 Enforcement by city animal compliance officersservices department. 6.08.020 Right of entry authority. 6.08.030 Authority to inspect licenses or Inspection of animals. 6.08.040 Animals running at large. 6.08.050 Leash requirementslaw. 6.08.060 Removal of dog defecation. 6.08.070 Destruction of dangerous dogsReserved. 6.08.080 Citation of noisy animals other than barking dogs. 6.08.090. Rescue of domestic animals; period in which animal deemed abandoned. 6.08.100. Roosters. 6.08.110. Kennels. 6.08.010 Enforcement by city animal compliance officersservices department. This chapter sets forth the manner in which city animal compliance officers, peace officers, and other persons authorized by this title, by city council resolution or by contract 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, peace officer, or other authorized enforcement official 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 , peace officer, or other authorized enforcement official independently witnesses a violation of the code, he or she may issue a citation. 107 -6- 12853-0005\2685992v1.doc 6.08.020 Right of entry authority. An animal compliance officer, or any public or peace officer or other authorized enforcement official may enter onto private property but not enter dwellings located there, if: A, The purpose of their 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 subsections B, C, and D of this section are met. B. Entry onto private property as described in this section may occur at any time, during daylight: 1. To pursue any animal when an animal compliance officer, peace officer or other enforcement official 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, peace officer or other enforcement official has any cause whatsoever to believe or suspect that the animal has rabies or that it is a biting animal; or 3. To inspect or examine animals for animal welfare purposes; or 4. To inspect or examine animals isolated for rabies control purposes; or 5. To impound an animal pursuant to Section 6.09.050 of this title or other applicable law; or 6. To seize an animal pursuant to to this title or other applicable law. C. Entry onto private property as described in this section may occur only during daylight hoursat night: 1. To pursue any animal when the animal compliance officer, peace officer or other enforcement official 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 the animal compliance officer, peace officer or other enforcement official has any cause whatsoever to believe or suspect that the animal has rabies or that it is a biting animal; or 13. To inspect or examine animals isolated there pursuant to this title or other applicable law; or 108 -7- 12853-0005\2685992v1.doc 24. To seize an animal pursuant to Section 6.09.080 of this title or other applicable law. D. Prior to entry as described in this section, a reasonable effort must shall 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. 6.08.030 Authority to inspect licenses or Inspection of animals. A. An animal compliance officer, or any public or peace officer or other enforcement official may demand to see an animal or animal license for inspection. B. No person may willfully or maliciously fail or refuse to exhibit the animal or itsany license therefor for inspection when asked to do so by an animal compliance officer or a peace officer. 6.08.040 Animals running at large. It is unlawful for any person that owns, harbors, or k eeps any animal to tolerate, permit or allow: A. An animal to be at large without reasonable control; or B. An animal to be pastured, harbored, housed or kept upon or in any public street, common area, or any other public building, place, or real property of any kind; or C. An animal to enter or be upon any private property without the permission of the person owning owner or occupying occupant of the private property; or D. An animal to chase pedestrians, vehicles, ridden horses or any other animal that occurs off the property of the owner or keeper of the chasing animal; or E. An animal to inflict unprovoked physical injury upon any persons conducting themselves lawfully that occurs off the property of the owner or keeper of the animal inflicting the injury; or F. An animal to engage in unprovoked threatening behavior toward any persons conducting themselves lawfully that causes them reasonably to fear for their physical safety, that occurs off the property of the owner or keeper of the animal inflicting the injury; or G. An animal to inflict unprovoked physical injury upon any other animal that occurs off the property of the owner or keeper of the animal inflicting the injury; or H. An animal to injure in any manner the owner or occupant of any public or private real or personal property; or 109 -8- 12853-0005\2685992v1.doc DI. An animal to injure in any manner the owner or occupant of any other property or damage the property itself any real or personal property of any person other than the real or personal property of the owner or keeper of the animal that occurs off the property of the owner or keeper of the animal causing the damage. 6.08.050 Leash requirementslaw. 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 shall 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 natu re that is open to and used by the public, except in any dog park when such dog and owner or keeper are in compliance with the requirements of this code with respect to use of dog parks. 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. 6.08.060 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 shall 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. 6.08.070 Destruction of dangerous dogs.Reserved. 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. 110 -9- 12853-0005\2685992v1.doc 6.08.080 Citation of noisy animals other than barking dogs. A. The provisions of this section apply to all animals excluding barking dogs. Barking dogs shall be regulated through Chapter 6.09 of this title. B. 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 controlcompliance officer can, or peace officer and/or any other person authorized by this title, by city council resolution or by contract may cite anyone found in violation of this subsection. BC. In making the determination of whether a violation of subsection AB of this section has occurred, all relevant evidence shall be considered, including, but not limited to, evidence of the following factors: 1. The nature, volume and frequency of the barking or other noise; 2. The time or times of day when the noise is heard by the complaining parties; 3. The apparent reasons or provocations for the dog or other animal to emit the noise, if any; 4. The location or locations on the property where the dog or other animal is kept; 5. The proximity of the complaining party to the noise; 6. The manner in which the dog or other animal is kept; and 7. The number of persons complaining about the barking or other noise. 6.08.090. Rescue of domestic animals; period in which animal deemed abandoned. Any person who finds a stray domestic animal shall, within a reasonable time, inform the owner, if known, or use reasonable efforts to locate the owner, if not known. A. The finder may bring the animal to an animal shelter or retain its possession, subject to the demand of the shelter director or his or her designee. B. If the finder chooses to retain possession of the animal, the finder shall, provide for the humane treatment of the domestic animal, and within twenty-four (24) hours, shall file a found animal report on the animal regulation department’s website. If the finder does not wish to have his or her name and address appear 111 -10- 12853-0005\2685992v1.doc on the website, the finder may obtain a case number from the animal regulation department and have that number published on the website. C. If no person appears and claims ownership of the ani mal retained by the finder within thirty (30) days after the filing of a found animal report under subsection B of this Section, the animal shall be deemed to be abandoned and the finder shall be deemed to be the owner of the animal. Any person becoming the owner of such a found animal shall assume all the legal responsibilities of the animal owner under state and local law, and including, but not limited to, responsibilities for complying with requirements for licensing, rabies vaccination and mandatory spay/neuter. D. If within thirty (30) days of the finder's filing of the found animal report the animal's owner does appear and establishes ownership of the animal to the animal regulation department’s satisfaction, the finder shall surrender possession of t he animal to that owner. 6.08.100. Roosters. The keeping, maintaining, control or harboring of roosters is defined in Section 17.28.030.B. 6.08.110. Kennels. Kennels, as defined in Section 17.08.010, shall be regulated as described in Sections 17.20.050, 17.20.060, 17.28.030.B, and 17.32.020 of this code. Chapter 6.09 ANIMAL NUISANCE PROCEDURES -- BARKING DOGS 6.09.010 Enforcement authority. 6.09.0120 Animal nuisance -- barking dog. 6.09.0230 Designated nuisancesBarking dog criteria. 6.09.0340 Nuisance complaintsCitation for public nuisance created by barking dog. 6.09.0450 Notice to abate nuisances.Public nuisance declaration for barking dog; provisional rescission. 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 order. 6.09.090 Appeal of nuisance hearing findings and orders. 6.09.010 Enforcement authority. It is the duty of the department director, shelter director, animal compliance officer and/or any other person authorized by the city manager, by resolution of the city council or by contract to enforce the provisions of this chapter. 112 -11- 12853-0005\2685992v1.doc 6.09.0120 Animal nuisance -- barking dog. 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 of this title 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 n uisance 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.It is unlawful, and it is hereby declared to be a public nuisance, for any dog, except a dog kept or controlled by a governmental agency, to commit any one or more of the following acts: A. The utterance of barks, cries or vocalizations which are shown to have occurred either as an episode of continuous noise lasting for a minimum of ten (10) minutes or repeated episodes of intermittent noise lasting for a minimum period of thirty (30) minutes and deprive persons residing in two (2) or more residences in the neighborhood of the comfortable enjoyment of their homes or deprive a person residing in one residence of the comfortable enjoyment of their residence if the following conditions are met: 1. Due to special physical circumstances such as topography, distance between adjoining properties, placement of structures, general location of the animal being complained about, or other special circumstances that limit the effects of the barks, cries, or sounds as to other residences or the persons in such other residences; 2. An animal compliance officer or other authorized enforcement official has caused an investigation to be performed and such investigation confirms that sufficient evidence exists to support the special physical circumstances. 6.09.030 Administrative citation for public nuisance created by barking dog. A. Upon receiving complaint(s) regarding a barking dog nuisance described in Section 6.09.020.A., supported by both (i) a statement under penalty of perjury from the complainant describing the barking nuisance conduct, and (ii) audio -visual documentation of the barking nuisance conduct if such barking nuisance conduct has not been directly observed and documented by an animal compliance officer or peace officer, the animal regulation department will review the circumstances presented giving rise to such complaint(s), and if the complaint(s) are found to be factually supported, an animal compliance officer as defined in Section 6.04.020 or peace officer shall issue an administrative citation to the owner or keeper of the barking dog identified in the complaint, assessing a civil penalty to that person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in Chapter 1.16 of Title 1 of this code. 113 -12- 12853-0005\2685992v1.doc B. In addition to the administrative enforcement provisions set forth in Chapter 1.16 of Title 1 of this code, at the animal regulation department’s sole discretion, an individual who has received an administrative citation may enter into a written six (6) month compliance agreement with the City to implement specified measures to eliminate the barking nuisance within ten (10) days of the City’s notice, the City will provisionally rescind the citation and associated penalty, so long as the person who received the citation abides by the terms of the signed compliance agreement and the animal regulation department receives no further complaints during the following six month period from residents in the neighborhood regarding nuisance conduct as described in Section 6.09.020.A. The person who received the citation will be notified that if the animal regulation department finds that the person has subsequently violated the terms of a compliance agreement because the animal regulation department receives further complaints from neighbors regarding a barking nuisance during the following six-month period, the citation will no longer be deemed rescinded, and payment in full of the citation amount shall be due within ten (10) days. The person will also be notified that the animal regulation department may also issue an additional citation if the animal regulation department finds that there has been a violation of an existing compliance agreement and new barking nuisance conduct under Section 6.09.020.A. 6.09.040 Public nuisance declaration for barking dog; provisional rescission. A. Any dog whose owner or keeper receives three (3) or more citations for being a public nuisance in violation of Section 6.09.020.A, by the animal regulation department shall be deemed to be an animal nuisance and the owner of such an animal will be ordered by the animal regulation department to obtain a nuisance dog license and pay the additional annual license fee established by the City of Moorpark for an animal nuisance and to follow all findings and orders issued by the animal regulation department. B. If no less than two (2) years have passed since the animal regulation department’s latest citation for a barking dog nuisance under Section 6.09.020.A., and the person who received the citation has received no subsequent citation, and the animal regulation department has received no subsequent complaints from residents in the owner or keeper’s neighborhood regarding that dog barking, the person who received the citation may submit a written request for the animal regulation department to conduct an administrative review regarding whether there is good cause to provisionally rescind a requirement that the dog to be licensed as an animal nuisance. If, in response to the request, the animal regulation department determines after administrative review that there is good cause to provisionally rescind the nuisance animal designation, it will so notify the person who received the citation. If the animal regulation department thereafter receives two (2) or more complaints from residents in the owner or keeper’s neighborhood regarding the same dog barking, the animal regulation department may, at its sole discretion, and without holding an additional hearing, reverse its provisional rescission of the requirement that the dog be licensed as an animal nuisance. 114 -13- 12853-0005\2685992v1.doc 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 persons conducting themselves lawfully; 2. An unprovoked threatening behavior toward any persons conducting themselves lawfully that causes them 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 noi se deprives two (2) or more unrelated and noncohabitating persons residing in the neighborhood of the comfortable enjoyment of their homes; 4. An unprovoked infliction of physical injury upon any other animal that occurs off the property of the owner or keeper of the animal inflicting the injury; 5. The damaging of the real or personal property of some person other than the owner or keeper of the animal that occurs off the property of the owner or keeper of the animal; 6. The dumping of trash receptacles or the spreading of trash that occurs off the property of the owner or keeper of the animal; 7. The chasing of pedestrians, vehicles or ridden horses that occurs off the property of the owner or keeper of the chasing animal. B. Such public nuisance may be abated in accordance with the procedures set forth in this chapter. Such procedures are in addition to any other remedies that may be available under applicable law. 6.09.030 Nuisance complaints. A. Any person aggrieved by an alleged public nuisance describ ed in Section 6.09.020 of this chapter 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 (2) or more unrelated and noncohabitating persons residing in the neighborhood as stated in Section 6.09.020(A)(3) of this chapter. In addition to the information required in subsection A of this section, the 115 -14- 12853-0005\2685992v1.doc 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 of this chapter and, if so, that the nuisance may be abated as provided in this chapter; C. State the place and time of the hearing, at least fifteen (15) calendar days after the date of the notice; and D. Include a copy of this chapter. 6.09.050 Impoundment pending nuisance hearing. A. If it appears to the pound keeper from the complaint or other information available that the animal is being kept or maintained in a manner that poses or represents an imminent threat to the safety of persons or property, the pound keeper may immediately impound and hold the animal until the hearing is held and findings are issued pursuant to this chapter. At the conclusion of the hearing, the pound keeper will follow the following procedures for animals impounded pending a nuisance hearing: 1. If the animal is found to be a nuisance by the hearing officer and the hearing officer has ordered the destruction of the animal, then the pound keeper must hold the animal for an additional seventy-two (72) hours beyond the time the owner is deemed to have received notice of the determination pursuant to Section 6.08.080 of this title, and then destroy it in a humane manner as provided in Chapter 6.12 of this title 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. 116 -15- 12853-0005\2685992v1.doc 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. Failu re 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. The 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 whi ch 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 adm issible 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. 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. 117 -16- 12853-0005\2685992v1.doc 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 h earing, 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 was 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 delive ry 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 deliver y, 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 require d 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 abat ement action specified in the order. Each day or portion thereof that such noncompliance continues after such time limit is a separate offense. B. The pound keeper may seize and summarily destroy any animal being kept or maintained in violation of such order of the hearing officer. 6.09.090 Appeal of nuisance hearing findings and orders. The decision of the hearing officer in any nuisance hearing shall be final. Any action challenging nuisance hearing findings and orders, and any action filed for the interpretation, and/or enforcement of the provisions of this title shall be filed in the superior court of Ventura County, California. 118 -17- 12853-0005\2685992v1.doc Chapter 6.12 IMPOUNDMENT 6.12.010 Enforcement authority. 6.12.020 Interfering with pound keeper department director, shelter director, 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 other than livestock. 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. 6.12.110 Temporary animal poundshelter. 6.12.120 Confidentiality of name and contact information for adopting parties. 6.12.010 Enforcement authority. It is the duty of the pound keeperdepartment director, shelter director, and any duly authorized animal compliance officer and any other person authorized by this title, by the city manager, by resolution of the city council and/or by contract to enforce the provisions of this title and any resolution of the city council consistent with this titlechapter. 6.12.020 Interfering with pound keeperdepartment director, shelter director, hearing officer or animal compliance officer prohibited. No person may take an impounded animal from an animal poundshelter as defined in Chapter 6.04 of this title, or wilfullywillfully resist, delay, or obstruct the pound keeperdepartment director, shelter director, hearing officer, or animal compliance officer or any other person designated in Section 6.12.010 in the discharge of, or attempts to discharge, any duty of their office under this title. 6.12.030 Impoundment requirements and exceptions. Any animal found under conditions or in areas prohibited by Section 6.08.040 or 6.08.050 of this title must shall be seized by an animal compliance officer or other enforcement authority and impounded in the animal poundshelter, except as follows: A. 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; B. 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; 119 -18- 12853-0005\2685992v1.doc C. 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. Except as provided in Section 6.12.080, tThe animal compliance officer that impounds any animal must shall 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 shall be posted at the animal shelterpound where the animal is impounded. A notice of impound must shall contain a description of the animal, and the time and place of apprehension. 6.12.050 Disposal of impounded animals other than livestock. A. The shelter director shall feed and care for any animal impounded as provided in this title until it is disposed of as provided by law. B. If such animal is not a “diseased or injured animal” as defined in this title and is not being isolated pursuant to Chapter 6.20, the person owning such impounded animal may redeem it at any time after it is taken up by describing it, proving ownership to the satisfaction of the shelter director, paying all applicable fees and obtaining, when necessary, the dog license required by Section 6.16.010 or any other license required by this title. If an impounded dog bears a license tag issued under the provisions of this title, notice of impoundment shall be mailed to the address shown on the copy of the receipt for such license tag on file in any animal regulation department office. C. If any animal impounded as provided in this title is not so redeemed, or if the owner of such animal is unknown to the shelter director, or fails, or refuses to comply with any of the requirements of redemption as provided herein, or if the owner has waived the redemption period in writing, such animal shall be deemed to be abandoned and the shelter director shall dispose of such a nimal according to the provisions of applicable state law. In disposing of an impounded animal, the shelter director may, in his or her discretion, adopt such animal to any qualified and approved person who will provide the animal a legal, safe, humane home, may transfer such animal to a municipal shelter, approved 501(c)(3) rescue organization, humane society, or society for the prevention of cruelty to animals, or euthanize the animal in a humane manner. The fee to be charged for any animal adopted as a pet or transferred shall be as prescribed by resolution of the city council. 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 120 -19- 12853-0005\2685992v1.doc 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 bu yer 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 of the city council. 6.12.060 Diseased or injured animals A. The pound keepershelter director must shall determine whether an impounded animal is diseased or injured. B. If the animal is determined to be diseased or injured, theThe pound keepershelter director is authorized to procure any necessary emergency medical treatment for such animal and shall, without undue delay, 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 keepershelter director may euthanize 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. C. Private practice veterinary animals--When a licensed community-based veterinarian determines that a stray or wildlife diseased or injured animal is in severe pain and not likely to survive even though provided medical treatment, it may be humanely euthanized. The veterinarian shall first exercise reasonable diligence to identify and notify the owner that the animal was injured and should be euthanized. If a diseased or injured animal is not euthanized and the owner was not identified, the veterinarian shall notify the animal regulation department, and the Director shall dispose of such animal, as otherwise provided in this Code. 121 -20- 12853-0005\2685992v1.doc 6.12.070 Livestock running at large A. It is unlawful for any person owning, harboring, or keepingcontrolling any livestock to permit the livestock to run at large upon the private property of another without the permission of the person owning or occupying thesaid private property, or upon the streets or public places of the city. B. Whenever it is deemed necessary by the pound keepershelter director, or such other person authorized by the city manager, by resolution of the city council, or by contract, 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 Upon the impounding of any livestock, other than bovine animals, the shelter director shall notify the owner thereof, if the name of such owner is known to him or her, of such impounding. If the name of the owner is not known, or the owner fails or refuses to comply with any of the requirements of redemption, or if the owner has waived the redemption period in writing, such animal shall be deemed to be abandoned and the shelter director shall dispose of such animal as he or she sees fit. Any impounded bovine animal not redeemed by the owner shall be delivered to the Secretary of the California Department of Food and Agriculture pursuant to Food and Agricultural Code Section 17003. All impounded livestock, including bovine animals, may be redeemed by the owner thereof at any time prior to their sale, disposal or delivery to the Secretary of the California Department of Food and Agriculture by the director upon: A. Furnishing proof of ownership satisfactory to the director, and B. Paying the fee set forth in Section 6.12.090 as adopted by resolution of the city council or otherwise applicable to recovery of the impoundment of livestock. C. The sale of any animal by the director in conformity with the provisions of this chapter shall vest title thereof in the purchaser. 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 owners 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: 122 -21- 12853-0005\2685992v1.doc 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 keepershelter director mustshall collect all applicable fees before releasingdelivering 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 areshall be 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 the death of or injury or disease to any animal incurred while the animal is being captured, transported or impounded. 6.12.110 Temporary animal poundshelter. The pound keepershelter director is authorized, whenever it is deemed necessary, to temporarily impound animals within an enclosure other than the designated animal poundshelter and that enclosure constitutes a temporary animal poundshelter. Notice that an enclosure is an animal poundshelter must shall 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 keepershelter director. 6.12.120. Confidentiality of name and contact information for adopting parties. A. It is recognized that pursuant to county ordinance the name and contact information for any person who adopts an animal from a County of Ventura animal shelter shall be held confidential by the animal services division of the County of Ventura. Under said county ordinance, if said division receives a request from a former animal owner or other entity to contact a person who has adopted an animal from an animal shelter after expiration of the applicable animal holding period prescribed by state law, the division will make such a request known to the adopting party; however, the division will only reveal the adopting party’s name and contact information to the person or entity requesting such information if the adopting party provides prior written consent for such disclosure. 123 -22- 12853-0005\2685992v1.doc B. Except as otherwise required by law, if the city receives a request for name and contact information for any person who adopts an animal from a County of Ventura animal shelter, the adopting party’s name and contact information shall be kept confidential by the city, unless the adopting party provides prior written consent for disclosure. Chapter 6.16 LICENSING OF DOGS AND CATS 6.16.010 Licenses requirementsd. 6.16.020 License Aapplication. 6.16.030 Licenseing period. 6.16.040 License Ffee. 6.16.050 Exemption from license fee. 6.16.060 Due date and penalties. 6.16.070 Issuance of license tTag issuance. 6.16.080 Tag exemptionExemption from wearing of license 6.16.090 Lost license tagTag replacement. 6.16.100 Transferability of license. 6.16.110 License inspectors. 6.16.12010 Prohibited conduct. 6.16.010 LicensesLicense tag requirementsd. A. Every person who resides within the city and 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 shall maintain obtain a current license and license tag issued as required by this title for each dog or cat. B. The license tag obtained shall be attached to a substantial collar or harness that shall be worn by the dog or cat at all times, except as provided in subsection C of this section 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 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 dog. E. Any cat found without a current license tag or for which there is no current license 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. 124 -23- 12853-0005\2685992v1.doc 6.16.020 License Aapplication. 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 hereinby this chapter and the license application, and paying the proper fee to the city or its agent. The animal license application must shall 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 thissuch information mustshall record it on the receipt to be given for payment of the license fee. The expiration date of the rabies vaccination shall be recorded on the receipt and shall not extend pass the vaccination expiration date. No license shall be issued to any person under the age of eighteen (18) years.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 Licenseing period. A. The license period for any license issued pursuant of time any license issued pursuant to this chapter shall be the period of time specified on the is valid must be specified on the license application pursuant to which such license is issued. B. The license period specified on any given license application mayshall be whatever period the city council may adopt by resolution for that particular license application, provided that the period doesshall not extend beyond the expiration date of the applicable rabies vaccination. A license shall expire, and such license and corresponding license tag shall cease to be current upon the expiration of the when the applicable license period expires. 6.16.040 License fFee. A. The fee for the license required by this chapter shall beis as prescribed by resolution of the city council or by applicable law. B. The fee prescribed for a dog or a cat that has been spayed or neutered, a s verified by a veterinarian's certificate, shall be must be no more than fifty percent (50%) of the fee for a dog or a cat of the same sex that has not been spayed or neutered. In addition, if a letter from a licensed veterinarian certifies that arrangements have been made to spay or neuter the dog or cat within sixty (60) days from the date that the dog or cat reaches the age of four (4) months, and the dog or cat is spayed or neutered within that sixty (60) day period, the owner shall qualify for the lower license fee for a dog that has been spayed or neutered. 6.16.050 Exemption from license fee. A dog license must shall 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 125 -24- 12853-0005\2685992v1.doc 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 shall be given to the official issuing the license; or B. When the license is for a dog that has been honorably discharged from the armed services of the United States. Such discharge mustshall be established by showing the licensing official issuing the license the discharge papers issued for such dog; or C. When the license is for a dog actively used by or retired from service from a governmental agency for law enforcement, search and rescue or fire detection purposes; or police dog or a retired police dog. D. When required under any other provision of law. 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 purchasing who obtains a license after the due date shallmust pay, in addition to the license fee, a late license penalty in an amount equal to one hundred percent (100%) of the license fee which would be applicable if the license period were one (1) year, regardless of the actual license period for which such license is issued. Such penalty shall be in addition to any other penalty or sanction which may be imposed pursuant to this code for failure to have a licenseaddition 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 (1) 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 Issuance of license tTag 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 mustshall be licensed by the city or its authorized agent, whichever is designated to issue licenses. , and aA written receipt shall be issued to the applicant, and a metal license tag mustshall be provided to the applicant’s address, or the electronic identification must shall be inserted into the dog or cat. Each license tag or electronic identification shall be serially 126 -25- 12853-0005\2685992v1.doc numbered and identified with such identification wording as determined by resolution of the city council, and must shall be marked with the year in which it is issued. 6.16.080 Tag exemptionExemption from wearing of license. The license tag need not be worn by the dog or cat when the dog or cat is: A. When the dog or cat is Ssecurely confined in a cage or vehicle; or B. When the dog or cat is Wwithin an enclosure sufficient to securely confine the dog or cat to the premises of an a county or city animal shelter, animal hospital, or a licensed dog or cat kennel, animal rescue entity organized and existing under Internal Revenue Code Section 501(c)(3)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. When the dog or cat is Pparticipating in, or training for, sporting events, field trials, obedience class, or dog or cat shows or when the dog is herding livestock, provided such dog or cat is not running at large; or D. When the dog is used by a law enforcement agency to perform official law enforcement duties. 6.16.090 Lost license tagTag 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 of license. In the event that there is a change in ownership of a licensed dog or cat changes licensed pursuant hereto during the license period for which such license is issued, the new owner may apply tohave the current license transferred to his or her their name upon the payment of a transfer fee in the amount prescribed by resolution of the city council. 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 License inspectors. The city may appoint animal license inspectors for the purpose of inspecting animals required to be licensed hereunder to ascertain if such animals are properly licensed, issuing the licenses required hereunder, and collecting the required license fees. Inspectors shall be compensated at the rate established by resolution 127 -26- 12853-0005\2685992v1.doc of the city council for each license issued. Each inspector shall promptly account to the city for all funds collected pursuant hereto and shall pay over such funds. 6.16.1210 Prohibited conduct. It is unlawful for any person to: A. 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; B. Counterfeit a dog or cat license tag; C. Attach a license tag to any dog or cat other than the one for which the tag was issued; D. To state as true any material matter that the applicant or person who owns, harbors or keeps the animal knows to be false. Chapter 6.20 RABIES CONTROL 6.20.010 Rabies Vvaccination required. 6.20.020 Rabies vVaccination procedurescertificate. 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 Rabies Vvaccination required. A. 1. Every person owning, harboring or keeping a dog or cat mustshall, within thirty (30) days after such dog or cat obtains the age of four (4) months, cause it to be vaccinated for rabies 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. 2. Notwithstanding subsection A.1, a person owning, harboring or keeping a dog or cat shall not be required to cause it to be vaccinated for rabies if the person obtains an exemption, on an annual basis, from the Ventura County health officer in compliance with Health and Safety Code Section 121690, subdivision (b). Any dog or cat that is not vaccinated pursuant to this subsection shall be vaccinated for rabies within ten (10) days after the disease or disability on which the exemption is based ends. 128 -27- 12853-0005\2685992v1.doc B. In order to ensure compliance with state law requiring rabies vaccination, all licensed veterinarians shall report all administered rabies vaccinations to the shelter director, monthly, in accordance with Ventura County Code Section 4451(b), and as amended. This includes providing the shelter director, on paper or in an electronic form approved by the shelter director, the following information: 1. The name, residence address, telephone number and, if known, email address of the animal's owner; 2. The name, age, sex (including spay/neuter status), species, breed, color and, if known, microchip number of the animal; 3. The date on which the vaccination was administered, and the duration of the protection provided by the vaccination; 4. The type of vaccination used and its corresponding lot number; and 5. The name and license number of the veterinarian administering the vaccination and the name of the veterinary clinic/hospital at which the vaccination was administered. 6.20.020 Vaccination procedures. Rabies vaccination certificate Any veterinarian who vaccinates a dog or cat for rabies must shall 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 shelter director shall must seize and place in isolation any animal, licensed or not, which, in the opinion of a licensed veterinarian or the county health officer, displays symptoms suggestive of rabies. Isolation of any other animal for suspected rabies is at the discretion of the impounding animal compliance officer. Such isolation shall be at an animal shelter unless the owner of such animal, with the approval of the county health officer, arranges with a licensed veterinarian for such isolation in a private animal hospital or clinic. Any animal placed in such isolation shall be kept strictly confined and under such observation as may be required by the county health officer. Except as otherwise provided in Section 6.20.090, such isolation shall continue for at least ten (10) days from the date the symptoms suggestive of rabies are first observed. Such isolation may be continued for a period longer than ten (10) days if, in the opinion of any licensed veterinarian or the county health officer, such longer period is necessary. At the expiration of such ten (10) days, or longer period, any animal confined at an animal shelter shall be released upon payment of the fee set forth in Section 6.20.100 if, in the opinion of any licensed veterinarian or the county health officer, such animal does not have rabies. 129 -28- 12853-0005\2685992v1.doc 6.20.040 Reporting rabies.Responsibilities of veterinarians. It shall be is the duty of every licensed veterinarian to report immediately to the county pound keepershelter director: A. anyAny animal observed or that is diagnosed by the veterinarian as having rabies;, or which the B. Any animal that which the veterinarian has reason to suspect has rabies, or which he or she has reason to believe has been exposed to a potentially rabid animal through intimate contact. 6.20.050 Reporting of bite cases. It is shall be 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 keepershelter director the name and address of each person receiving such treatment and, upon request of the pound keepershelter director, to report to such officer any such additional information relating to the bite or treatment as pound keepershelter director 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 shelter director 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 keepershelter director, the isolated biting animal must shall be kept strictly confined and isolated in accordance with the pound keeper’sshelter director’s orders, and a conspicuous notice on a sign and with wording approved by the pound keepershelter director must shall 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 keepershelter director until the fees set forth by resolution of the city council are paid, and in the opinion of any licensed veterinaria n or pound keepershelter director, the animal does not have rabies. D. The pound keepershelter director must shall be notified prior to releasing an animal from isolation. The pound keepershelter director may require any veterinarian to submit a written opinion to the pound keepershelter director that the animal does not have rabies. 130 -29- 12853-0005\2685992v1.doc 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 shall 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 shall be for a period of at least six (6) months, unless the anima l 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 shall 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 keepershelter director 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 keepershelter director, 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 persons 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 whatsoe ver 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 shall then be seized by the pound keepershelter director without delay and isolated at the animal poundshelter 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 pound keepershelter director 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 keepershelter director all applicable fees and obtaining any necessary license. 6.20.100 Isolation fees. A. The pound keepershelter director shall collect from the owner of any animal isolated pursuant to this chapter the applicable isolation fee prescribed by resolution of the city council. 131 -30- 12853-0005\2685992v1.doc B. In cases where the animal is to be isolated at some place other than the animal poundshelter, the fee applicable to such isolation must shall be paid in advance before approval by the pound keepershelter director of such isolation as an alternative to isolation in the poundshelter. 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 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 Revocation of lLicense revocation. 6.24.080 Confinement regulations. 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 mayshall have, keep or maintain any wild animal unless all necessaryadequate 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 17.28.030 of this code, and as it may be amended. 6.24.030 License requiredrequirements. Every person who owns, harbors, or keeps any wild animal must shall obtain a current wild animal license issued under the provisions of this chapter. 132 -31- 12853-0005\2685992v1.doc 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 consiste nt 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 keepershelter director, demonstrating to the satisfaction of the pound keepershelter director 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 shall describe the animal to the satisfaction of the pound keepershelter director and must shall 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 shall beare 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.Revocation of license. A. Any wild animal license issued under the provisions of this chapter may be revoked by the pound keepershelter director 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. 133 -32- 12853-0005\2685992v1.doc B. The revocation shall become effective immediately upon either the receipt of actual notice by the applicant or the end of the tenth (10th) day after written notice addressed to the applicant at the address shown on his or her application is deposited in the first class mail, return receipt requested, whichever shall first occur.The revocation of a license is effective immediately upon the receipt of actual notice by the applicant, or ten (10) days after written notice addressed to the applicant at the address shown on the application is deposited in the mail. 6.24.080 Confinement regulations. A. The city or its authorized agent may require adherence to rules and regulations for the United States Department of Agriculture and/or California Department of Fish and Wildlife or 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 regulati on 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 theany/all rules and regulations adopted by the animal regulation department or the city shallmust be furnished by the city or its agent upon request. C. In applying the regulations to a given situation, the animal regulation department or the city shallmust 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 shallmust immediately notify the city and the county animal regulation department of suchthe 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 6.12.100Chapter 6.12 of this title. However, neither the city, its officers, agents or employees, or any person carrying out impoundment by contract, shall be liable for injury or disease to any animal incurred while such 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, is hereby declared 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 keepershelter director receive payment of all costs incurred in the capture, impounding and care of the wild animal , provided that all required county, state and federal permits are also obtained. 134 -33- 12853-0005\2685992v1.doc 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 shall be identified by an indelible number tattooed on the animal, and t he person, organization, society, association or corporation must shall be responsible for damage inflicted by the animal. CHAPTER 28 DOGS USED BY PEACE OFFICERS 6.28.010 Prohibited Conduct 6.28.020 Exemptions 6.28.010 Prohibited Conduct It shall be unlawful for any person to willfully torture, tease, torment, beat, kick, strike, mutilate, injure, disable, or kill any dog used by a peace officer in the performance of the peace officer’s functions or duties or to interfere with or meddle with any such dog or its handler in the performance of any of the functions or duties of the peace officer. 6.28.020 Exemptions The following provisions of this code shall not apply to dogs used by any peace officer to perform official peace officer duties: Section 6.08.020.A, Section 12.16.200, Section 12.16.220, Section 12.16.190, Section 12.24.030, and Section 17.28.030. Chapter 6.32 POTENTIALLY DANGEROUS AND VICIOUS DOGS 6.32.010 Other remedies. 6.32.020 Exemptions. 6.32.030 Definitions for potentially dangerous and viscous dogs 6.32.040 Authority to seize and impound animal posing immediate threat to public safety. 6.32.050 Potentially dangerous dog or vicious dog hearing. 6.32.060 Notice of determination and appeal from hearing. 6.32.070 Exceptions. 6.32.080 Reserved. 6.32.090 Consequences of potentially dangerous dog determination. 6.32.100 Notice of change of status regarding potentially dangerous dog. 6.32.110 Removal of potentially dangerous dog designation. 6.32.120 Conditions for dog found vicious. 6.32.130 Notice of change of status regarding vicious dog. 6.32.140 Conditions for prohibiting ownership after dog found vicious. 6.32.150 Payment of fee to division if dog determined to be potentially dangerous dog or vicious dog. 6.32.160 Follow-up hearing dates. 135 -34- 12853-0005\2685992v1.doc 6.32.170 Violation of conditions constitutes a misdemeanor. 6.32.180 Injunctive relief. 6.32.010 Other remedies. Nothing in this title shall prevent the city from pursuing action under any other provision of this code or any court action under Food and Agriculture Code Section 31601, et seq. The shelter director, and his or her designee, shall have the discretion to directly petition the court, under state law, to seek a determination of whether a dog is potentially dangerous or vicious. 6.32.020 Exemptions. Chapter 6.32 does not apply to licensed kennels, humane society shelters, public animal shelters, veterinarians or to dogs used by peace officers in the performance of their peace officer work. 6.32.030 Definitions for potentially dangerous and viscous dogs. For the purposes of Chapter 6.32 only, the following terms shall have the following meanings, unless the context otherwise requires, A. The term “potentially dangerous dog” means any of the following: 1. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six (36)-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and dog are off the property of the owner or keeper of the dog. 2. Any dog which, when unprovoked, bites a person causing a less severe injury than the injury defined in Section 6.32.030.A.3. 3. Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. B. The term “vicious dog” means either of following: 1. Any dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. 2. Any dog previously determined to be and currently listed as a potentially dangerous dog that, after its owner or keeper has been notified of this determination, continues the behavior described in Section 6.32.30.B.1, or is maintained in violation of Section 3.30.090. 136 -35- 12853-0005\2685992v1.doc C. The term “severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. D. The term “enclosure” means a fence or structure suitable to prevent the entry of young children, and which is suitable to prevent the dog from escaping. The dog shall be housed pursuant to Penal Code Section 597t. E. The term “impounded” means taken into the custody of the shelter director. 6.32.040 Authority to seize and impound animal posing immediate threat to public safety. A. If upon investigation it is determined by the animal control officer or peace officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the animal control officer or peace office r may seize and impound the dog pending the hearings to be held pursuant to this chapter. The owner of the dog shall be liable to the shelter director for the costs and expenses of seizing, impounding, and keeping the dog, according to the schedule of rates and fees approved by resolution of the City Council, if the dog is later adjudicated potentially dangerous or vicious. B. When the dog has been impounded pursuant to subsection A and it is not contrary to public safety, the shelter director, or shelter director’s designee, shall permit the dog to be confined at the owner’s expense in an approved kennel or veterinary facility. 6.32.050 Potentially dangerous dog or vicious dog hearing. A. If an animal compliance officer, animal control officer, or peace officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the shelter director or his or her designee shall file, with a court having jurisdiction, or with a neutral and impartial administrative hearing officer, a verified complaint setting forth facts that establish probable cause to believe the dog in question is potentially dangerous or vicious, and shall petition for a court hearing, or an administrative hearing, for the purpose of determining whether the dog should be declared potentially dangerous or vicious. The animal regulation department may authorize its own employee to conduct the administrative hearing if the hearing officer is not the same person who signed the petition or directed the impoundment or seizure of the dog and is not junior in rank to such person(s). In the alternative, the animal regulation department may use the services of a neutral and impartial hearing officer from outside the animal regulation department. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal compliance officer, animal control officer, or peace officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The shelter director, or his or her designee, shall notify the owner or keeper of the dog 137 -36- 12853-0005\2685992v1.doc that a court or administrative hearing will be held, at which time the owner or keeper of the dog may present evidence as to why the dog should not be declared potentially dangerous or vicious. The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first - class mail with return receipt requested. The hearing shall be held promptly within no less than five (5) working days nor more than ten (10) working days after service of notice upon the owner or keeper of the dog. The hearing shall be open to the public. B. The hearing officer shall have the power to administer oaths or affirmations when necessary in conjunction with the hearing. C. The court or administrative hearing officer may admit into evidence all relevant evidence, including the incidence report and the affidavits of witnesses. Any party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses on any matter relevant to the issues even if such matter was not covered on direct examination, and to impeach any witness regardless of which party first called the witness to testify. Any relevant evidence shall 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 which might make improper the admission of such evidence or objection in a civil action. Hearsay evidence shall be admissible for any purpose but shall not be sufficient itself to support a finding unless it would be admissible over objection in a civil action. D. Before and after the hearing has commenced, any party may request the court or administrative hearing officer to issue subpoenas and subpoenas duces tecum for attendance and the production of documents at the hearing. Compliance with the provisions of section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena duces tecum. Any person duly subpoenaed to appear and testify or to produce any documents and who wrongfully neglects or refuses to appear or testify or to produce such documents is guilty of a misdemeanor. E. A jury shall not be available. The court or administrative hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make such other necessary orders. F. All court forms approved for optional use by the Judicial Council of California, pursuant to Food and Agriculture Code Sections 31601, et seq., may also be used for purposes of any administrative hearing. 6.32.060 Notice of determination and appeal from hearing. A. After the hearing conducted pursuant to Section 6.32.050, the owner or the keeper of that animal shall be notified in writing of the determination and orders issued, either personally or by first-class mail, return receipt requested, by the 138 -37- 12853-0005\2685992v1.doc court or administrative hearing officer. If a determination is made that a dog is potentially dangerous or vicious the owner or keeper of the animal shall comply with Section 6.32.150 in accordance with a time schedule established by the animal regulation department but in no case more than thirty (30) days after the date of the determination or thirty-five (35) days if the determination is mailed to the owner or keeper of the dog. If the petitioner or owner or keeper of the dog contests the determination, they may, within five (5) days of the receipt of the court order or notice of determination, appeal the decision of the hearing entity. The fee for filing an appeal, payable to the clerk of court, is as provided Government Code Section 70626, subdivision (b). The appeal of an administrative order shall be to the superior court. The appeal of a court order shall be to the appellate division of the superior court. The petitioner or the owner or keeper of the dog shall serve personally or by first-class mail, return receipt requested, notice of the appeal upon the other party. B. The court hearing the appeal shall conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and other relevant issues, based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods set forth in Section 6.32.050. The issue shall be decided by a preponderance of the evidence. The court may admit all relevant evidence including incidence reports and affidavits of witnesses. If the court rules the dog to be potentially dangerous or vicious, the court may establish a time schedule to ensure compliance with its order, but in no case more than thirty (30) days subsequent to the date of the court’s determination or thirty-five (35) days if the service of the judgment is by first-class mail. C. The hearing entity of original jurisdiction and the court hearing the appeal may decide all issues for or against the owner or keeper of the dog even if the owner or keeper fails to appear at the hearing. The determination of the court hearing the appeal shall be final and conclusive upon all parties. 6.32.070 Exceptions. A. No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of a dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog. B. No dog may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the 139 -38- 12853-0005\2685992v1.doc control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. 6.32.080 Reserved. 6.32.090 Consequences of potentially dangerous dog determination. A. A potentially dangerous dog, while on the owner’s property, shall at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. The City. or its designee, shall inspect and give written approval for the yard or enclosure within fourteen (14) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner. A potentially dangerous dog may be off the owner’s premises only if it is restrained by a non-retractable leash no longer than four (4) feet, and if it is under the control of a responsible adult. At no time may the dog be left unattended while off the owner’s premises. B. The dog shall be spayed or neutered at the expense of the owner before the release of the dog to its owner. If the dog was not impounded, the dog owner shall provide proof to the City that the dog has been spayed or neutered within thirty (30) calendar days after the decision or court order declaring the d og to be potentially dangerous is served on the dog owner. C. The owner shall post one (1) or more signs on the premises, at locations approved by the City, stating that a potentially dangerous dog resides at the premises. The sign(s) shall be posted within seven (7) calendar days after the administrative decision or court order declaring the dog to be potentially dangerous is served on the owner. D. The administrative hearing officer or court may impose other reasonable conditions that are necessary to protect the public safety and welfare. E. All charges for services performed by the animal regulation department and all penalties shall be paid before release of the dog to its owner. If the owner does not take possession of the dog within seventy-two (72) hours from notification of determination to release the dog, the dog will be deemed abandoned and may be disposed of by the animal regulation department. If the dog is being held somewhere other than the animal shelter, all charges for services performed by the animal regulation department and all penalties shall be paid within fourteen (14) calendar days after services are performed or the charges or fines are ordered to be paid. F. A violation of an administrative decision or court order following a determination that a dog is potentially dangerous, may result in the filing of an action to determine whether the dog is vicious under Section 6.32.030.B. 140 -39- 12853-0005\2685992v1.doc 6.32.100 Notice of change of status regarding potentially dangerous dog. A. If a dog determined to be potentially dangerous dies, or is sold, transferred or permanently removed from the city or county where the owner resides, the owner of a potentially dangerous dog shall notify the City of the changed condition and new location of the dog in writing within two (2) working days. In addition, if the dog is moved to another jurisdiction, the dog’s owner is required to provide the animal control authorities of the new jurisdiction with a copy of the administrative decision or court order during the effective period of the decision or court order. B. The owner of a dog determined to be potentially dangerous shall notify the City immediately if the dog is at large or has committed an attack on any person, domestic animal or livestock. 6.32.110 Removal of potentially dangerous dog designation. If there are no additional instances of the behavior described in Section 6.32.030.A within a thirty-six (36) month period from the date of designation of a potentially dangerous dog, upon written application by the dog’s owner, the dog shall be removed from the City’s list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the thirty-six (36) month period if the owner of the dog demonstrates to the City that changes in circumstances or measures taken by the owner, such as training of the dog, have mitigated the risk to public safety. 6.32.120 Conditions for dog found vicious; destruction. 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. A. A dog determined to be vicious may be destroyed by the division when it is found under Section 6.32.060, that the release of the dog would create a significant threat to the public health, safety and welfare. B. If it is determined that a dog found to be vicious shall not be destroyed, the administrative hearing officer shall impose conditions upon the ownership of the dog that protect the public health, safety and welfare. C. If it is determined that a dog found to be vicious shall not be destroyed, the enclosure that is required shall meet the requirements of Section 6.32.030. The city or designee shall inspect and give written approval for the yard or enclosure within fourteen (14) calendar days after the decision or court order declaring the dog to be vicious is served on the dog owner. A vicious dog may be off the owner’s premises only if it is restrained by a non-retractable leash no longer than four (4) feet, is wearing an animal regulation department-approved basket muzzle, and if it 141 -40- 12853-0005\2685992v1.doc is under the control of a responsible adult. At no time may the dog be left unattended while off the owner’s premises. D. If it is determined that a dog found to be vicious shall not be destroyed, the dog shall be spayed or neutered at the expense of the owner before the release of the dog to its owner. If the dog was not impounded, the dog owner shall provide proof to the city that the dog has been spayed or neutered within thirty (30) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner. E. If it is determined that a dog found to be vicious shall not be destroyed, the owner of a vicious dog shall give written notice of the vicious dog determination to the United States Post Office (local branch) and to all utility companies providing services to the premises where the vicious dog is kept. The owner shall provide a copy of the notices to the animal regulation department before the release of the dog from impound. If the dog was not impounded, the dog owner shall provide a copy of the required notices to the animal regulation departm ent within fourteen (14) days after the administrative hearing or court determination declaring the dog is vicious. F. If it is determined that a dog found to be vicious shall not be destroyed, the owner shall post one or more signs on the premises, at locations approved by the city, stating that a vicious dog resides at the premises. The sign(s) shall be posted within twenty-four (24) hours after the administrative decision or court order declaring the dog to be vicious is served on the owner. G. The administrative hearing officer or court may impose other reasonable conditions that are necessary to protect the public safety and welfare. 6.32.130 Notice of change of status regarding vicious dog. If a dog determined to be vicious dies, or is sold, transferred or permanently removed from the city or county where the owner resides, the owner of vicious dog shall notify the animal regulation department of the changed condition and new location of the dog in writing within two (2) working days. In addition, if the dog is moved to another jurisdiction, the dog’s owner is required to provide the animal control authorities of the new jurisdiction with a copy of the administrative decision or court order during the effective period of the decision or court order. The owner of a dog determined to be vicious shall notify the animal regulation department immediately if the dog is at large or has committed an attack on any person, domestic animal or livestock. 6.32.140 Conditions for prohibiting ownership after dog found vicious. The owner of a dog determined to be a vicious dog in accordance with Section 6.32.060 may be prohibited by the animal regulation department from owning, possessing, controlling, or having custody of any dog for a period of up 142 -41- 12853-0005\2685992v1.doc to three (3) years, when it is found, after a hearing conducted unde r Section 6.32.050, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare. 6.32.150 Payment of fee to division if dog determined to be potentially dangerous dog or vicious dog. A. The owner of a dog determined to be a potentially dangerous in accordance with Section 6.32.060 shall pay a fee to the animal regulation department in the amount set by resolution of the city council to reimburse the licensing authority for maintaining records of the dog’s designation as a potentially dangerous dog, and for the animal regulation department’s oversight and inspections subsequent to such designation. B. The owner of a dog determined to be vicious in accordance with Section 6.32.06 shall pay a fee to the animal regulation department in the amount set by resolution of the city council to reimburse the licensing authority for maintaining records of the dog’s designation as vicious and for the animal regulation department’s oversight and inspections subsequent to such designation. 6.32.160 Follow-up hearing dates. The administrative hearing officer or judicial officer who heard the petition to determine if a dog is potentially dangerous or vicious may schedule follow -up hearing dates to ensure compliance with all conditions imposed. 6.32.170 Violation of conditions constitutes a misdemeanor. The failure to comply with any condition ordered by the administrative hearing officer or judicial officer is a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment in the County jail for a period not to exceed six (6) months, or by both the fine and imprisonment. 6.32.180 Injunctive relief. A violation of any part of any administrative decision or court order may be the subject of a civil action for injunctive relief to enjoin the person who v iolated the decision or order. The filing and prosecution of an action for injunctive relief does not limit the authority or ability of the animal regulation department to take any other action permitted by law. CHAPTER 6.36 COUNTY ADMINISTRATIVE ENFORCEMENT ALTERNATIVE 6.36.010 Purpose and applicability. 6.36.020 Definitions. 6.36.030 Determination of civil penalties. 6.36.040 Service of citations and notices. 143 -42- 12853-0005\2685992v1.doc 6.36.050 Assessment and payment of civil penalties. 6.36.050.1 - Issuance of administrative citation assessing civil penalty. 6.36.050.2 - Contents of administrative citation. 6.36.050.3 - Payment of civil penalties. 6.36.060 Collection fees. 6.36.070 Financial inability to pay penalties and fees. 6.36.080 Administrative hearing procedures 6.36.080.1 - Request for administrative review/request for administrative hearing. 6.36.080.2 - Advance deposit of penalty amount. 6.36.080.3 - Hardship waiver of advance deposit of penalty amount. 6.36.080.4 - Administrative hearing date. 6.36.080.5 - Hearing procedures. 6.36.080.6 - Hearing officer's decision. 6.36.080.7 - Enforcement. 6.36.010 Purpose and applicability. This chapter authorizes a county animal control officer, as defined by Section 6.36.020 of this chapter, to issue an administrative citation assessing a civil penalty in lieu of proceeding with a criminal citation or complaint for enforcement of any violation of the provisions of this title when the city has delegated that authority to the county by city council resolution or by contract. The determination whether to use such an alternative will be at the sole discretion of the county animal control officer. However, the issuance of an administrative citation shall not prevent the issuance of a criminal citation or complaint for any subsequent violation(s) of the same or similar nature. 6.36.020 Definitions. A. The following definitions shall apply to the words or phrases used in this chapter. 1. The term “citee” means any person to whom a county enforcement officer has issued an administrative citation that assesses a civil penalty in the manner provided for by this title. 2. The terms “enforcement officer” or “county animal control officer” means any county officer or employee who is authorized to issue citations for violations of any provisions of this title pertaining to animal welfare and control. 3. The term “day” means calendar and not business day. 4. The term “county review officer” means a neutral and impartial person who has been designated or retained to conduct an initial county administrative review of the issued citation. 144 -43- 12853-0005\2685992v1.doc 5. The term “county hearing officer” means a person who has been designated or retained to conduct a hearing by the county to enforce the provisions of this title pursuant to a contract between the city and county. 6. The term “county” means the County of Ventura. 7. The term “board of supervisors” means the board of supervisors of the county. 8. The term “division” means the animal services division of the County of Ventura. 6.36.030 Determination of civil penalties. A. The amount of the fine will be assessed according to a schedule of fines adopted by city council resolution. The schedule may include escalating fine amounts for repeat violations occurring within specified periods of time, and fines may vary depending on the particular code provision violated. B. Where no amount is specified by resolution of the city council, the following fines will apply: 1. A fine not exceeding one hundred dollars ($100.00) per day for a first (1st) violation; 2. A fine not exceeding two hundred dollars ($200.00) per day for a second (2nd) violation of the same code provision or permit within the previous twelve (12) months; 3. A fine not exceeding five hundred dollars ($500.00) per day for each additional violation of the same code provision or permit within the previous twelve (12) months. C. A penalty of ten percent (10%) will be added on any delinquent fines on the last day of each month after the due date. D. In addition to the late penalty provided by this section, delinquent fines will accrue interest at the rate of one percent (1%) per month, exclusive of penalties, from the due date E. Once imposed, the daily penalty will continue to accrue until the violation is corrected to the satisfaction of the director. F. The director may stay the imposition of penalties or decrease the amount of penalties, either temporarily or permanently, if the director determines that: 145 -44- 12853-0005\2685992v1.doc 1, Substantial progress is being made toward correcting the violation and that decreasing the penalties would further the goal of correcting the violation; or 2. Circumstances exist that were either beyond the control of the violator or were unknown at the time the penalties were imposed and warrant the reduction or suspension of the penalties. G. If the amount of the civil penalties is modified or suspended, the notice to citee and administrative citation provided for in Sections 6.36.030 and 6.36.050.1, shall be amended stating the modified terms and an amended notice to citee shall be served on the violator. The daily civil penalty imposed for a violation that i s an infraction shall not exceed the amount of the maximum amount of fines or penalties for infractions set forth in Government Code Section 36900(b). 6.36.040 Service of citations and notices. A. Notice to citee. Unless otherwise provided for in this title, all citations and other notices required to be served upon a citee, shall be served either by personal service or by first-class mail, postage prepaid, addressed to the citee at his or her last known address. Such service shall be deemed effective upon the date it is personally delivered to the citee or on the date it is deposited in the mail. The county officer or employee serving the citation or other notice by mail shall complete a declaration of service and attach it to the copy of the citation or other notice. B. Notice to the division. Unless otherwise provided for by this title, all notices required to be served upon the county pursuant to this title, shall be served either by personal service at the office set forth in the citation or by first class mail, postage prepaid, addressed to the division at the address set forth in the citation. Such service shall be deemed effective upon the date it is personally delivered to the division or on the date postmarked when served upon the division by mail. 6.36.050 Assessment and payment of civil penalties. 6.36.050.1 - Issuance of administrative citation assessing civil penalty. A person who is assessed a civil penalty for a violation of the provisions of this title shall be served with an administrative civil citation that assesses a civil penalty in an amount established pursuant to Section 6.36.010 et seq. 6.36.050.2 - Contents of administrative citation. A. Each administrative citation shall contain, but not necessarily be limited to, the following information: 1. The date of the violation; 146 -45- 12853-0005\2685992v1.doc 2. The address or a location description wherein the violation occurred or is occurring; 3. The Section(s) of the title that was (were) violated; 4. A description of the circumstances of the violation; 5. The amount of the civil penalty for the violation; 6. The procedures for paying the civil penalty, including the time within which payment shall be made and the address for payment; 7. An order prohibiting any continuation of the code violation described in the administrative citation; 8. Notice that the payment of any penalties under this title does not excuse or discharge any continued or repeated violation of the code section which is the subject of the administrative citation; 9. A description of the time and manner in which the citee may request an administrative review of the civil penalty if the citee decides to contest the penalty; and 10. The full name of the enforcement officer. 6.36.050.3 - Payment of civil penalties. A civil penalty assessed against a citee pursuant to the provisions of this title shall be paid in full to the division at the place identified in the administrative citation within thirty (30) days from the date of the citation. 6.36.060 Collection fees. A collection fee as prescribed by resolution of the city council shall be assessed to the citee. 6.36.070 Financial inability to pay penalties and fees. In the event that a citee proves to the satisfaction of the division that he or she does not have the financial ability to pay the full amount of the civil penalty, including delinquency fees, as set forth in this title, the division may permit the citee to execute a promissory note in lieu of payment at that time. Such note shall provide for payment of all penalties and fees and include a reasonable rate of interest not to exceed that allowed by the California Code of Civil Procedure upon judgments. While this procedure will not satisfy the underlying obligation, it will delay the collection of the amounts due until the date set forth on the promissory note. 147 -46- 12853-0005\2685992v1.doc 6.36.080 Administrative hearing procedures 6.36.080.1 - Request for administrative review/request for administrative hearing. A. A citee who is issued a citation assessing a civil penalty arising out of any violation of this title, may request an initial administrative review of the citation within twenty (20) calendar days of its issuance, rather than proceeding directly to a request for an administrative hearing regarding the citation. This request shall be made in writing and served upon the division at the address set forth in the citation. A citee's request shall set forth, with particularity, the reasons the citee believes a violation did not occur or that the citee was not responsible for the violation(s), shall include a copy of the citation, and shall contain the address to which the conclusions of the division’s review should be mailed. A request for an initial administrative review shall be accompanied by payment of a fee for administrative review according to the schedule of rates and fees adopted by resolution of the city council. B. Upon receiving a citee’s request for review, the reviewing official shall review the request, citation and other pertinent information, and provide the citee with written notification that: 1. The citation is vacated because there was no violation, or the citee was not responsible for the violation (if the citation is vacated, the division shall provide the citee with a refund of the fee paid for administrative review); 2. The citation will not be vacated because no justification could be found and setting forth the basis for that conclusion. C. The reviewing official will mail a copy of the notification to the citee at the address included in the request for initial administrative review along with, if applicable, notice establishing the fine due date and the procedure for requesting an administrative hearing, review within ten (10) business days of receiving citee's request. D. Any citee dissatisfied with the conclusions of an initial administrative review may contest that citation by requesting an administrative hearing. A citee shall request an administrative hearing under Section 6.36.080, et seq., in writing within twenty (20) calendar (20) days after the date the division served citee with notice of the administrative review decision. Requests shall be submitted to the division’s office and shall be accompanied by an advance deposit of the fine or a request for a hardship waiver. 6.36.080.2 - Advance deposit of penalty amount. A citee who is issued a civil penalty for a violation of this title, may request an administrative hearing to challenge the basis for the citation within twenty (20) calendar days of its issuance. Except as may be provided for in this title, each request for administrative hearing shall be accompanied by an advance deposit in 148 -47- 12853-0005\2685992v1.doc an amount equal to the contested civil penalty, including delinquency fees, and the administrative hearing fee set by resolution of the city council or the amount of one thousand dollars ($1,000.00), whichever is less. 6.36.080.3 - Hardship waiver of advance deposit of penalty amount. A. A citee who is financially unable to make an advance deposit of the amount required for an administrative hearing deposit may file an application with the division within thirty (30) days from citation issuance requesting a waiver of the advance deposit. Such application shall be in a form required by the division, filed with the request for administrative hearing and shall be accompanied by a declaration, signed under penalty of perjury, with any supporting documents required by the division, demonstrating the citee's financial inability to pay. B. The division shall review the request for hardship waiver, including the declaration and supporting documents, within fifteen (15) days of receiving the request and determine whether to grant or deny the request. Thereafter, the division shall serve the citee with a notice of its determination by mail at the address provided in the waiver application. The determination of the division as to such waiver shall be final. C. Should the application be denied, the citee shall deposit the required advance deposit with the division not later than ten (10) days following the date the notice of denial of the waiver was served upon the citee. Failure to provide the deposit within ten (10) days shall be deemed a waiver of the citee's right to an administrative hearing and the civil penalty shall be deemed delinquent. The division shall thereafter serve notice of the penalty amount for the delinquency upon the citee and provide notice to the hearing officer. 6.36.080.4 - Administrative hearing date. Upon receiving a timely request for an administrative hearing, together with any required deposits, the division shall set an administrative hearing on a date not less than fifteen (15), nor more than sixty (60) days, from the date the heari ng is requested. Written notice of the date, time and location of the administrative hearing shall be provided to the citee at least fifteen (15) days prior to the hearing date. 6.36.080.5 - Hearing procedures. A. Issues to be determined at the hearing are limited to whether the violation alleged in the administrative citation actually occurred; and whether the citee was legally responsible for the violation. B. The burden of proof will be upon the division by a preponderance of the evidence. The citation itself shall be considered as prima facie evidence of the facts contained therein. Both the citee and the enforcement officer shall have the opportunity to testify and present additional evidence concerning the alleged 149 -48- 12853-0005\2685992v1.doc violation. Such evidence may include witness testimony, documents, and other evidence. Strict rules of evidence shall not apply, including hearsay. Evidence shall be relevant and material to the issues of whether the violation actually occurred and/or whether the citee was responsible for the violation. C. In lieu of personally appearing at the hearing, the citee may request that the hearing officer decide the matter upon the facts set forth in the citation, and relevant documents or written statements previously submitted. D, If the citee fails to appear at the hearing, without having been granted a waiver of presence by the hearing officer, this will be deemed to be a waiver of the right to be personally present. The hearing officer shall then determine the matter upon the facts set forth in the citation, and relevant documents or written statements previously submitted, and statements from the enforcement officer during the hearing. E. The enforcement officer who issued the citation may, but is not required to, be present at the hearing, unless the citee serves a subpoena on the enforcement officer to testify at the hearing. In lieu of such attendance the enforcement officer may submit, prior to the hearing, reports, photographs, or other documents to the division which shall then be forwarded to the hearing officer for consideration. A copy of the documents submitted by the enforcement officer will also be provided to the citee at the commencement of the hearing. F. The hearing officer shall have the authority to continue any hearing and request additional information from the enforcement officer or citee prior to rendering a written decision. 6.36.080.6 - Hearing officer's decision. A. Within ten (10) days after completion of the hearing, the hearing officer shall issue a written decision to uphold or set aside the civil penalty assessed against the citee and shall set forth the reasons for such decision. A copy of the decision shall be provided to the division. B. The division shall, after receiving a copy of the hearing officer's determination, promptly provide a copy thereof to the citee at the address set forth in his/her request for administrative hearing either by serving the citee personally, or by first class mail, return receipt requested. C. If the decision of the hearing officer is to sustain the civil penalty, the division shall accompany the hearing officer's decision with a notice advising the citee that the division will retain any advance deposit previously paid for the civil penalty amount. If payment was not in the full amount, including a waiver previously granted, full and complete payment will be required within thirty (30) days of the date of the notice. 150 -49- 12853-0005\2685992v1.doc D.The citee shall have the right to file a petition in the Ventura County Superior Court for review of the hearing officer's decision as set forth in California Code of Civil Procedure Sections 1094.5 and 1094.6. Such petition shall be filed within ninety (90) days of the date notice of the decision is served on the citee. E.If the decision of the hearing officer is to set aside and vacate the civil penalty, any advance deposit of the civil penalty shall be refunded to the citee. The division shall also refund the administrative hearing fee previously paid by the citee. The division shall provide notice to the citee of the decision and the refund, either by serving the citee personally, or by first class mail, return receipt requested. The division shall also provide notice of the decision to the enforcement officer. 6.36.080.7 - Enforcement. A penalty that is final either by termination of appeal rights or by completion of the appeal process may be collected by any lawfully authorized means including but not limited to filing a civil action to recover the amount of the unpaid penalties.” SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any other ordi nance or part or portion of any ordinance previously in effect in the City shall in any manner affect the prosecution of, any violation of any City ordinance or provision of the Moorpark Municipal Code, committed prior to the effective date hereto, nor be construed as a waiver of any license or penalty or the penal provision applicable to any violation thereof. SECTION 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall post or publish this Ordinance as required by law. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Moorpark this ____ day of ______________, 2022. 151 12853-0005\2684974v2.doc ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF MOORPARK, REPEALING AND REPLACING IN ITS ENTIRETY TITLE 6 , REGARDING ANIMAL SERVICES AND CONTROL, OF THE MOORPARK MUNICIPAL CODE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA WHEREAS, the City of Moorpark, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City Council has determined that Title 6 (Animal Regulations) should be revised and updated; and WHEREAS, the City contracts with the County of Ventura for enforcement of certain services under Title 6; and after the County of Ventura updated its own animal control ordinance, the County requested that the City update Title 6 in order to make the City’s procedures consistent with the County’s ordinance in order to facilitate enforcement by the County; and WHEREAS, the Community Development Director has reviewed the contents of this Ordinance and determined that adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that CEQA only applies to projects that may have a significant effect on the environment. This Ordinance merely updates administrative and procedural requirements for animal services and control and has no potential to result in physical change to the environment, directly or indirectly. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council has reviewed the Community Development Director’s determination that this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15308 on the grounds that it can be seen with certainty that the updated animal services regulations, as provided for in this Ordinance will not have a significant effect on the environment. SECTION 2. Title 6 (Animal Regulations) of the Moorpark Municipal Code is hereby repealed and amended in its entirety and restated to read as follows: ATTACHMENT 2 152 Ordinance No. ____ Page 2 12853-0005\2684974v2.doc “Title 6 ANIMAL REGULATIONS Chapter 6.04 GENERAL PROVISIONS 6.04.010 Definitions. 6.04.020 Recordkeeping. 6.04.030 Rates and fees. 6.04.040 Defense in prosecutions. 6.04.050 Enforcement and prosecution of offender; cumulative remedies. 6.04.060 Enforcement authority. Chapter 6.08 ANIMAL COMPLIANCE 6.08.010 Enforcement by city animal services department. 6.08.020 Right of entry authority. 6.08.030 Inspection of animals. 6.08.040 Animals at large. 6.08.050 Leash law. 6.08.060 Removal of dog defecation. 6.08.070 Reserved. 6.08.080 Citation of noisy animals other than barking dogs. 6.08.090. Rescue of domestic animals; period in which animal deemed abandoned. 6.08.100. Roosters. 6.08.110. Kennels. Chapter 6.09 ANIMAL NUISANCE PROCEDURES -- BARKING DOGS 6.09.010 Animal nuisance -- barking dog. 6.09.020 Barking dog criteria. 6.09.030 Citation for public nuisance created by barking dog. 6.09.040 Public nuisance declaration for barking dog; provisional rescission. Chapter 6.12 IMPOUNDMENT 6.12.010 Enforcement authority. 6.12.020 Interfering with shelter director, 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 other than livestock. 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. 153 Ordinance No. ____ Page 3 12853-0005\2684974v2.doc 6.12.100 Nonliability of city. 6.12.110 Temporary animal shelter. 6.12.120 Confidentiality of name and contact information for adopting parties. Chapter 6.16 LICENSING OF DOGS AND CATS 6.16.010 License requirements. 6.16.020 License application. 6.16.030 License period. 6.16.040 License fee. 6.16.050 Exemption from license fee. 6.16.060 Due date and penalties. 6.16.070 Issuance of license tag. 6.16.080 Exemption from wearing of license 6.16.090 Lost license tag. 6.16.100 Transfer of license. 6.16.110 License inspectors. 6.16.120 Prohibited conduct. Chapter 6.20 RABIES CONTROL 6.20.010 Rabies 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. Chapter 6.24 WILD ANIMALS 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 Revocation of license. 6.24.080 Confinement regulations. 6.24.090 Notice of escape. 6.24.100 Disposition. 6.24.110 Release of wild animals. 154 Ordinance No. ____ Page 4 12853-0005\2684974v2.doc CHAPTER 28 DOGS USED BY PEACE OFFICERS 6.28.010 Prohibited conduct. 6.28.020 Exemptions. Chapter 6.32 POTENTIALLY DANGEROUS AND VICIOUS DOGS 6.32.010 Other remedies. 6.32.020 Exemptions. 6.32.030 Definitions for potentially dangerous and viscous dogs. 6.32.040 Authority to seize and impound animal posing immediate threat to public safety. 6.32.050 Potentially dangerous dog or vicious dog hearing. 6.32.060 Notice of determination and appeal from hearing. 6.32.070 Exceptions. 6.32.080 Reserved. 6.32.090 Consequences of potentially dangerous dog determination. 6.32.100 Notice of change of status regarding potentially dangerous dog. 6.32.110 Removal of potentially dangerous dog designation. 6.32.120 Conditions for dog found vicious. 6.32.130 Notice of change of status regarding vicious dog. 6.32.140 Conditions for prohibiting ownership after dog found vicious. 6.32.150 Payment of fee to division if dog determined to be potentially dangerous dog or vicious dog. 6.32.160 Follow-up hearing dates. 6.32.170 Violation of conditions constitutes a misdemeanor. 6.32.180 Injunctive relief. CHAPTER 6.36 COUNTY ADMINISTRATIVE ENFORCEMENT ALTERNATIVE 6.36.010 Purpose and applicability. 6.36.020 Definitions. 6.36.030 Determination of civil penalties. 6.36.040 Service of citations and notices. 6.36.050 Assessment and payment of civil penalties. 6.36.050.1 - Issuance of administrative citation assessing civil penalty. 6.36.050.2 - Contents of administrative citation. 6.36.050.3 - Payment of civil penalties. 6.36.060 Collection fees. 6.36.070 Financial inability to pay penalties and fees. 6.36.080 Administrative hearing procedures. 6.36.080.1 - Request for administrative review/request for administrative hearing. 6.36.080.2 - Advance deposit of penalty amount. 6.36.080.3 - Hardship waiver of advance deposit of penalty amount. 6.36.080.4 - Administrative hearing date. 155 Ordinance No. ____ Page 5 12853-0005\2684974v2.doc 6.36.080.5 - Hearing procedures. 6.36.080.6 - Hearing officer's decision. 6.36.080.7 - Enforcement. Chapter 6.04 GENERAL PROVISIONS 6.04.010 Definitions. 6.04.020 Recordkeeping. 6.04.030 Rates and charges. 6.04.040 Defense in prosecutions. 6.04.050 Enforcement and prosecution of offender; cumulative remedies. 6.04.060 Enforcement authority. 6.04.010 Definitions. Except as otherwise provided in Chapter 6.32 of this title, and unless the context otherwise requires, the terms used in this title are defined as follows: “Animal” means, but is not limited to, domestic or wild birds, poultry, fowl, fishes, reptiles, marsupials, and all other nonhuman mammals and non-mammals of any kind. “Animal compliance officer” means the person(s) or agency authorized by this title, by resolution of the city council, by the city manager, or by contract to implement or enforce any or all of this title. “Animal shelter” means any animal shelter, temporary animal shelter, or animal services 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 other facility designated as an animal shelter by resolution of the city may be referred to as an animal shelter. “Animal regulation department” means the person(s) or agency designated by resolution of the city council, the city manager, or by contract 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. “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” or “department director” means the person(s) or agency designated by this code, by resolution of the city council, by the city manager, or by contract 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. 156 Ordinance No. ____ Page 6 12853-0005\2684974v2.doc “Harbors” means when a person feeds or shelters an animal. “Hearing officer” means the person(s) or agency authorized by this title, resolution of the city council, or by contract to conduct a hearing 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” means and includes animals, including but not limited to fowl, horses, ponies, mules, burros, asses, jacks and jennies, cattle, cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs, llamas, emu, ostriches, bovine animals, all other farm animals, and all other domesticated animals excluding dogs and cats. “Owner” or “to own” means a person(s) who has legal title to the animal, has the legal right to possession and use of the animal within the meaning of Civil Code Section 654, or is deemed to be the owner in accordance with Section 6.08.090, because that person has been the finder and keeper of a stray domestic animal that has not been claimed within thirty (30) days. “Peace officer” means a peace officer as that term is defined in Penal Code Section 830.1. “Shelter director” means the person(s) or agency designated by this title, by resolution of the city council, by the city manager, or by contract to exercise duties and authority of the shelter director under this title. “Run 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 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. It is the duty of the shelter director to keep or cause to be kept, accurate and detailed records of: A. All cats, dogs, or livestock licensed, impounded, or sold; 157 Ordinance No. ____ Page 7 12853-0005\2684974v2.doc B. All animal bite cases reported and the results of the investigations thereof; C. All moneys received. 6.04.030 Rates and fees. If rates and fees for services rendered by the shelter director 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 on rates and charges for services rendered by the shelter director supersedes a resolution of the board of supervisors on that same subject. 6.04.040 Defense in prosecutions. In any prosecution for a violation of any provision of this title, the burden of producing evidence to establish any of the exemptions provided herein shall, in the first instance, be upon the defendant. 6.04.050 Enforcement and prosecution of offender; cumulative remedies. A. A violation of this title or any failure to comply with any requirement thereof, or any permit or license issued under this title, shall, in the sole discretion of the city by and through the city attorney or other authorized personnel, be prosecuted in any manner provided for by law, including, but not limited to, the administrative, civil or the misdemeanor criminal prosecution of the offender (subject to the city's sole and absolute discretion to reduce the same to an infraction or administrative civil complaint) and as provided for in any chapter of this title and in Title 1, Chapter 1.10, Chapter 1.12 and Chapter 1.16 of this code. B. Any person in violation of this title or who fails to comply with any requirement thereof, and/or state and federal laws shall be and the same i s hereby declared to be unlawful and a public nuisance. The city attorney may, in addition to the penalties proscribed in this section, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manne r provided by law. C. Any person who violates any provision of this title or any permit or license issued under this title shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued, or permitted. D. The remedies and penalties provided in this section and title , and each chapter thereof, are cumulative and in addition to any other remedies available at law or in equity. 158 Ordinance No. ____ Page 8 12853-0005\2684974v2.doc 6.04.060 Enforcement authority. A. It is the duty of the department director, shelter director, animal compliance officer, and/or any other person authorized by the city manager, by resolution of the city council or by contract to enforce the provisions of this title. B. In addition to such other authority as may be provided by law, the department director, his or her deputies, the shelter director, his or her deputies, animal compliance officers, and such other persons authorized by city council resolution or by contract 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 shelter director and deputies that the shelter director may designate, or such other persons authorized by city council resolution or by contract, are further authorized to carry and use weapons and tranquilizer while actually engaged in the performance of their duties. Chapter 6.08 ANIMAL COMPLIANCE 6.08.010 Enforcement by city animal services department. 6.08.020 Right of entry authority. 6.08.030 Inspection of animals. 6.08.040 Animals at large. 6.08.050 Leash law. 6.08.060 Removal of dog defecation. 6.08.070 Reserved. 6.08.080 Citation of noisy animals other than barking dogs. 6.08.090. Rescue of domestic animals; period in which animal deemed abandoned. 6.08.100. Roosters. 6.08.110. Kennels. 6.08.010 Enforcement by city animal services department. This chapter sets forth the manner in which city animal compliance officers, peace officers, and other persons authorized by this title, by city council resolution or by contract 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, peace officer, or other authorized enforcement official 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, peace officer, or other authorized enforcement official independently witnesses a violation of the code, he or she may issue a citation. 159 Ordinance No. ____ Page 9 12853-0005\2684974v2.doc 6.08.020 Right of entry authority. An animal compliance officer, peace officer or other authorized enforcement official may enter onto private property but not enter dwellings located there, if: A. The purpose of their 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 subsections B, C, and D of this section are met. B. Entry onto private property as described in this section may occur during daylight: 1. To pursue any animal when an animal compliance officer, peace officer, or other enforcement official 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 the animal compliance officer, peace officer, and/or any other enforcement official has any cause whatsoever to believe or suspect that the animal has rabies or that it is a biting animal; or 3. To inspect or examine animals for animal welfare purposes; or 4. To inspect or examine animals isolated for rabies control purposes; or 5. To impound an animal pursuant to this title or other applicable law; or 6. To seize an animal pursuant to this title or other applicable law. C. Entry onto private property as described in this section may occur at night: 1. To pursue any animal when the animal compliance officer, peace officer, or other enforcement official 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 the animal compliance officer, peace officer, or other authorized enforcement official has any cause whatsoever to believe or suspect that the animal has rabies or that it is a biting animal; or 3. To inspect or examine animals isolated there pursuant to this title or other applicable law; or 4. To seize an animal pursuant to this title or other applicable law. D. Prior to entry as described in this section, a reasonable effort shall 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. 160 Ordinance No. ____ Page 10 12853-0005\2684974v2.doc 6.08.030 Inspection of animals. A. An animal compliance officer, peace officer or other enforcement official may demand to see an animal or animal license for inspection. B. No person may willfully or maliciously fail or refuse to exhibit the animal or any license therefor for inspection when asked to do so by an animal compliance officer or a peace officer. 6.08.040 Animals at large. It is unlawful for any person that owns, harbors, or k eeps any animal to tolerate, permit or allow: A. An animal to be at large without reasonable control; or B. An animal to be pastured, harbored, housed, or kept upon or in any public street, common area, or any other public building, place, or real property of any kind; or C. An animal to enter or be upon any private property without the permission of the owner or occupant of the private property; or D. An animal to chase pedestrians, vehicles, ridden horses , or any other animal that occurs off the property of the owner or keeper of the chasing animal; or E. An animal to inflict unprovoked physical injury upon any persons conducting themselves lawfully that occurs off the property of the owner or keeper of the animal inflicting the injury; or F. An animal to engage in unprovoked threatening behavior toward any persons conducting themselves lawfully that causes them reasonably to fear for their physical safety, that occurs off the property of the owner or keeper of the animal inflicting the injury ; or G. An animal to inflict unprovoked physical injury upon any other animal that occurs off the property of the owner or keeper of the animal inflicting the injury; or H. An animal to injure in any manner the owner or occupant of any public or private real or personal property; or I. An animal to damage real or personal property of any person other than the real or personal property of the owner or keeper of the animal that occurs off the property of the owner or keeper of the animal causing the damage. 161 Ordinance No. ____ Page 11 12853-0005\2684974v2.doc 6.08.050 Leash law. 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 shall 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, except in any dog park when such dog and owner or keeper are in compliance with the requirements of this code with respect to use of dog parks. 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 do g 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. 6.08.060 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 shall 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. 6.08.070 Reserved. 6.08.080 Citation of noisy animals other than barking dogs. A. The provisions of this section apply to all animals excluding barking dogs. Barking dogs shall be regulated through Chapter 6.09 of this title. B. It is unlawful for any person that owns, harbors, or keeps any animal to tolerate, permit, or allow the animal to repeatedly bark, howl, whine, crow, or make lou d or unusual noises in such a manner that disturbs the peace and quiet or interferes with the 162 Ordinance No. ____ Page 12 12853-0005\2684974v2.doc 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 thei r frequency, time, or place as to cause or contribute to the unnecessary and unreasonable discomfort of any person. An animal compliance officer, peace officer, and/or any other person authorized by this title, by city council resolution, or by contract may cite anyone found in violation of this subsection. C. In making the determination of whether a violation of subsection B of this section 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 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 animal to emit the noise, if any; 4. The location or locations on the property where the animal other than a barking dog is kept; 5. The proximity of the complaining party to the noise; 6. The manner in which the animal is kept; and 7. The number of persons complaining about the barking or other noise. 6.08.090. Rescue of domestic animals; period in which animal deemed abandoned. Any person who finds a stray domestic animal shall, within a reasonable time, inform the owner, if known, or use reasonable efforts to locate the owner, if not known. A. The finder may bring the animal to an animal shelter or retain its possession, subject to the demand of the shelter director or his or her designee. B. If the finder chooses to retain possession of the animal, the finder shall, provide for the humane treatment of the domestic animal, and within twenty-four (24) hours, shall file a found animal report on the animal regulation department’s website. If the finder does not wish to have his or her name and address appear on the website, the finder may obtain a case number from the animal regulation department and have that number published on the website. C. If no person appears and claims ownership of the animal retained by the finder within thirty (30) days after the filing of a found animal report under subsection B of this Section, the animal shall be deemed to be abandoned and the finder shall be deemed to be the owner of the animal. Any person becoming the owner of such a found animal shall assume all the legal responsibilities of the animal owner under state and local law, and 163 Ordinance No. ____ Page 13 12853-0005\2684974v2.doc including, but not limited to, responsibilities for complying with requirements for licensing, rabies vaccination, and mandatory spay/neuter. D. If within thirty (30) days of the finder's filing of the found animal report the animal's owner does appear and establishes ownership of the animal to the animal regulation department’s satisfaction, the finder shall surrender possession of the animal to that owner. 6.08.100. Roosters. The keeping, maintaining, control, or harboring of roosters is defined in Section 17.28.030.B. 6.08.110. Kennels. Kennels, as defined in Section 17.08.010, shall be regulated as described in Sections 17.20.050, 17.20.060, 17.28.030.B, and 17.32.020 of this code. Chapter 6.09 ANIMAL NUISANCE PROCEDURES -- BARKING DOGS 6.09.010 Enforcement authority. 6.09.020 Animal nuisance -- barking dog. 6.09.030 Barking dog criteria. 6.09.040 Citation for public nuisance created by barking dog. 6.09.050 Public nuisance declaration for barking dog; provisional rescission. 6.09.010 Enforcement authority. It is the duty of the department director, shelter director, animal compliance officer, and/or any other person authorized by the city manager, by resolution of the city council, or by contract to enforce the provisions of this chapter. 6.09.020 Animal nuisance -- barking dog. It is unlawful, and it is hereby declared to be a public nuisance, for any dog, except a dog kept or controlled by a governmental agency, to commit any one or more of the following acts: A. The utterance of barks, cries, or vocalizations which are shown to have occurred either as an episode of continuous noise lasting for a minimum of ten (10) minutes or repeated episodes of intermittent noise lasting for a minimum period of thirty (30) minutes and deprive persons residing in two (2) or more residences in the neighborhood of the comfortable enjoyment of their homes or deprive a person residing in one residence of the comfortable enjoyment of their residence if the following conditions are met: 164 Ordinance No. ____ Page 14 12853-0005\2684974v2.doc 1. Due to special physical circumstances such as topography, distance between adjoining properties, placement of structure s, general location of the animal being complained about, or other special circumstances that limit the effects of the barks, cries, or sounds as to other residences or the persons in such other residences; 2. An animal compliance officer or other authorized enforcement official has caused an investigation to be performed and such investigation confirms that sufficient evidence exists to support the special physical circumstances. 6.09.020 Administrative citation for public nuisance created by barking dog. A. Upon receiving complaint(s) regarding a barking dog nuisance described in Section 6.09.010.A, supported by both (i) a statement under penalty of perjury from the complainant describing the barking nuisance conduct, and (ii) audio-visual documentation of the barking nuisance conduct if such barking nuisance conduct has not been directly observed and documented by an animal compliance officer or peace officer, the animal regulation department will review the circumstances presented giving rise to such complaint(s), and if the complaint(s) are found to be factually supported, an animal compliance officer as defined in Section 6.04.010 or peace officer shall issue an administrative citation to the owner or keeper of the barking dog identified in the complaint, assessing a civil penalty to that person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in Chapter 1.16 of Title 1 of this code. B. In addition to the administrative enforcement provisions set forth in Chapter 1.16 of Title 1 of this code, at the animal regulation department’s sole discretion, an individual who has received an administrative citation may enter into a written six (6) month compliance agreement with the City to implement specified measures to eliminate the barking nuisance within ten (10) days of the City’s notice, the City will provisionally rescind the citation and associated penalty, so long as the person who received the citation abides by the terms of the signed compliance agreement and the animal regulation department receives no further complaints during the following six-month period from residents in the neighborhood regarding nuisance conduct as described in Section 6.09.020.A. The person who received the citation will be notified that if the animal regulation department finds that the person has subsequently violated the terms of a compliance agreement because the animal regulation department receives further complaints from neighbors regarding a barking nuisance during the following six-month period, the citation will no longer be deemed rescinded, and payment in full of the citation amount shall be due within ten (10) days. The person will also be notified that the animal regulation department may also issue an additional citation if the animal regulation depa rtment finds that there has been a violation of an existing compliance agreement and new barking nuisance conduct under Section 6.09.020.A. 165 Ordinance No. ____ Page 15 12853-0005\2684974v2.doc 6.09.040 Public nuisance declaration for barking dog; provisional rescission. A. Any dog whose owner or keeper receives three (3) or more citations for being a public nuisance in violation of Section 6.09.020.A, by the animal regulation department shall be deemed to be an animal nuisance and the owner of such an animal will be ordered by the animal regulation departmen t to obtain a nuisance dog license and pay the additional annual license fee established by the city of Moorpark for an animal nuisance and to follow all findings and orders issued by the animal regulation department. B. If no less than two (2) years have passed since the animal regulation department’s latest citation for a barking dog nuisance under Section 6.09.0 20.A, and the person who received the citation has received no subsequent citation, and the animal regulation department has received no subsequent complaints from residents in the owner or keeper’s neighborhood regarding that dog barking, the person who received the citation may submit a written request for the animal regulation department to conduct an administrative review regarding whether there is good cause to provisionally rescind a requirement that the dog to be licensed as an animal nuisance. If, in response to the request, the animal regulation department determines after administrative review that there is good cause to provisionally rescind the nuisance animal designation, it will so notify the person who received the citation. If the animal regulation department thereafter receives two (2) or more complaints from residents in the owner or keeper’s neighborhood regarding the same dog barking, the animal regulation department may, at its sole discretion, and without holding an additional hearing, reverse its provisional rescission of the requirement that the dog be licensed as an animal nuisance. Chapter 6.12 IMPOUNDMENT 6.12.010 Enforcement authority. 6.12.020 Interfering with department director, shelter director, 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 other than livestock. 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. 6.12.110 Temporary animal shelter. 6.12.120 Confidentiality of name and contact information for adopting parties. 6.12.010 Enforcement authority. It is the duty of the department director, shelter director, any duly authorized animal compliance officer and any other person authorized by this title, by the city manager, by 166 Ordinance No. ____ Page 16 12853-0005\2684974v2.doc resolution of the city council, and/or by contract to enforce the provisions of this title and any resolution of the city council consistent with this chapter. 6.12.020 Interfering with department director, shelter director, hearing officer or animal compliance officer prohibited. No person may take an impounded animal from an animal shelter as defined in Chapter 6.04 of this title, or willfully resist, delay, or obstruct the department director, shelter director, hearing officer, animal compliance officer, or any other person designated in Section 6.12.010 in the discharge of, or attempts to discharge, any duty of their office under this title. 6.12.030 Impoundment requirements and exceptions. Any animal found under conditions or in areas prohibited by Section 6.08.040 or 6.08.050 of this title shall be seized by an animal compliance officer or other enforcement authority and impounded in the animal shelter, except as follows: A. 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; B. 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; C. 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. Except as provided in Section 6.12.080, the animal compliance officer that impounds any animal shall 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 shall be posted at the owner’s address. If the owner is unknown, the notice of impounding shall be posted at the animal shelter where the animal is impounded. A notice of impound shall contain a description of the animal, and the time and place of apprehension. 6.12.050 Disposal of impounded animals other than livestock. A. The shelter director shall feed and care for any animal impounded as provided in this title until it is disposed of as provided by law. B. If such animal is not a “diseased or injured animal” as defined in this title and is not being isolated pursuant to Chapter 6.20, the person owning such impounded animal may redeem it at any time after it is taken up by describing it, proving ownership to the satisfaction of the shelter director, paying all applicable fees , and obtaining, when 167 Ordinance No. ____ Page 17 12853-0005\2684974v2.doc necessary, the dog license required by Section 6.16.010 or any other license required by this title. If an impounded dog bears a license tag issued under the provisions of this title, notice of impoundment shall be mailed to the address shown on the copy of the receipt for such license tag on file in any animal regulation department office. C. If any animal impounded as provided in this title is not so redeemed, or if the owner of such animal is unknown to the shelter director, or fails, or refuses to com ply with any of the requirements of redemption as provided herein, or if the owner has waived the redemption period in writing, such animal shall be deemed to be abandoned and the shelter director shall dispose of such animal according to the provisions of applicable state law. In disposing of an impounded animal, the shelter director may, in his or her discretion, adopt such animal to any qualified and approved person who will provide the animal a legal, safe, humane home, may transfer such animal to a mun icipal shelter, approved 501(c)(3) rescue organization, humane society, or society for the prevention of cruelty to animals, or euthanize the animal in a humane manner. The fee to be charged for any animal adopted as a pet or transferred shall be as prescribed by resolution of the city council. 6.12.060 Diseased or injured animals. A. The shelter director shall determine whether an impounded animal is diseased or injured. B. If the animal is determined to be diseased or injured, th e shelter director is authorized to procure any necessary emergency medical treatment for such animal and shall, without undue delay, exercise reasonable diligence in locating and notifying the owner of the location and condition of the animal. 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, the shelter director may euthanize such animal in a humane manner. C. Private practice veterinary animals. When a licensed community-based veterinarian determines that a stray or wildlife diseased or injured animal is in severe pain and not likely to survive even though provided medical treatment, it may be humanely euthanized. The veterinarian shall first exercise reasonable diligence to identify and notify the owner that the animal was injured and should be euthanized. If a diseased or injured animal is not euthanized and the owner was not identified, the veterinarian shall notify t he animal regulation department, and the director shall dispose of such animal, as otherwise provided in this Code. 6.12.070 Livestock running at large. A. It is unlawful for any person owning, harboring, or controlling any livestock to permit the livestock to run at large upon the private property of another without the permission of the person owning or occupying said private property, or upon the streets o r public places of the city. 168 Ordinance No. ____ Page 18 B.Whenever it is deemed necessary by the shelter director, or such other person authorized by the city manager, by resolution of the city council, or by contract, 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. Upon the impounding of any livestock, other than bovine animals, the shelter director shall notify the owner thereof, if the name of such owner is known to him or her, of such impounding. If the name of the owner is not known, or the owner fails or refuses to comply with any of the requirements of redemption, or if the owner has waived the redemption period in writing, such animal shall be deemed to be abandoned and the shelter director shall dispose of such animal as he or she sees fit. Any impounded bovine animal not redeemed by the owner shall be delivered to the Secretary of the California Department of Food and Agriculture pursuant to Food and Agricultural Code Section 17003. All impounded livestock, including bovine animals, may be redeemed by the owner thereof at any time prior to their sale, disposal or delivery to the Secretary of the California Department of Food and Agriculture by the director upon: A.Furnishing proof of ownership satisfactory to the director, and B.Paying the fee set forth in Section 6.12.090 as adopted by resolution of the city council or otherwise applicable to recovery of the impoundment of livestock . C.The sale of any animal by the director in conformity with the provisions of this chapter shall vest title thereof in the purchaser. 6.12.090 Fees for redeeming livestock. If any impounded livestock is redeemed, the shelter director shall collect all applicable fees before delivering the animal to the person redeeming it. Such fees shall 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 shall be 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 the death of or injury or disease to any animal incurred while the animal is being captured, transported or impounded. 12853-0005\2684974v2.doc 169 Ordinance No. ____ Page 19 12853-0005\2684974v2.doc 6.12.110 Temporary animal shelter. The shelter director is authorized, whenever it is deemed necessary, to temporarily impound animals within an enclosure other than the designated animal shelter and that enclosure constitutes a temporary animal shelter. Notice that an enclosure is an animal shelter shall 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 shelter director. 6.12.120. Confidentiality of name and contact information for adopting parties. A. It is recognized that pursuant to county ordinance the name and contact information for any person who adopts an animal from a County of Ventura animal shelter shall be held confidential by the animal services division of the County of Ventura. Under said county ordinance, if the division receives a request from a former animal owner or other entity to contact a person who has adopted an animal from an animal shelter after expiration of the applicable animal holding period prescribed by state law, the division will make such a request known to the adopting party; however, the division will only reveal the adopting party’s name and contact information to the person or entity requesting such information if the adopting party provides prior written consent for such disclosure. B. Except as otherwise required by law, if the city receives a request for name and contact information for any person who adopts an animal from a County of Ventura animal shelter, the adopting party’s name and contact information shall be kept confidential by the city, unless the adopting party provides prior written consent for disclosure. Chapter 6.16 LICENSING OF DOGS AND CATS 6.16.010 Licenses requirements. 6.16.020 License application. 6.16.030 License period. 6.16.040 License fee. 6.16.050 Exemption from license fee. 6.16.060 Due date and penalties. 6.16.070 Issuance of license tag. 6.16.080 Exemption from wearing of license. 6.16.090 Lost license tag. 6.16.100 Transfer of license. 6.16.110 License inspectors. 6.16.120 Prohibited conduct. 6.16.010 License tag requirements. A. Every person who resides within the city and 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 shall 170 Ordinance No. ____ Page 20 12853-0005\2684974v2.doc obtain a current license and license tag issued as required by this title for each dog or cat. B. The license tag obtained shall be attached to a substantial collar or harness that shall be worn by the dog or cat at all times, except as provided in subsection C of this section 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 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 dog. E. Any cat found without a current license tag or for which there is no current license or without electronic identification 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 License application. The license and license tag or electronic identification required by this chapter may be obtained by displaying an acceptable rabies vaccination certificate, furnishing the information required herein and the license application, and paying the proper fee to the city or its agent. The animal license application shall 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 such information shall record it on the receipt to be given for payment of the license fee. The expiration date of the rabies vacc ination shall be recorded on the receipt and shall not extend pass the vaccination expiration date. No license shall be issued to any person under the age of eighteen (18) years. 6.16.030 License period. A. The license period for any license issued pursuant to this chapter shall be the period of time specified on the license application pursuant to which such license is issued. B. The license period specified on any given license application shall be whatever period the city council may adopt by resolution for that particular license application, provided that the period shall not extend beyond the expiration date of the applicable rabies vaccination. A license shall expire, and such license and corresponding license tag shall cease to be current upon the expiration of the applicable license period. 171 Ordinance No. ____ Page 21 12853-0005\2684974v2.doc 6.16.040 License fee. The fee for the license required by this chapter shall be as prescribed by resolution of the city council or by applicable law. The fee prescribed for a dog or a cat that has been spayed or neutered, as verified by a veterinarian's certificate, shall be no more than fifty percent (50%) of the fee for a dog or a cat of the same sex that has not been spayed or neutered. In addition, if a letter from a licensed veterinarian certifies that arrangements have been made to spay or neuter the dog or cat within sixty (60) days from the date that the dog or cat reaches the age of four (4) months, and the dog or cat is spayed or neutered within that sixty (60) day period, the owner shall qualify for the lower license fee for a dog that has been spayed or neutered. 6.16.050 Exemption from license fee. A dog license shall 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. An affidavit attesting to the fact that the dog will be used as a guide dog shall be given to the official issuing the license; or B. When the license is for a dog that has been honorably discharged from the armed services of the United States. Such discharge shall be established by showing the licensing official the discharge papers issued for such dog; or C. When the license is for a dog actively used by or retired from service from a governmental agency for law enforcement, search and rescue, or fire detection purposes; or D. When required under any other provision of law. 6.16.060 Due date and penalties. A. The information and fee required by this chapter are due on the thirtieth (30th) day after the day on which: 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 purchasing a license after the due date shall pay, in addition to the license fee, a late license penalty in an amount equal to one hundred percent (100%) of the license fee which would be applicable if the license period were one (1) year, regardless of the actual license period for which such license is issued. Such penalty shall 172 Ordinance No. ____ Page 22 12853-0005\2684974v2.doc be in addition to any other penalty or sanction which may be i mposed pursuant to this code for failure to have a license. 6.16.070 Issuance of license tag. 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 sh all be licensed by the city or its authorized agent, whichever is designated to issue licenses. A written receipt shall be issued to the applicant, and a license tag shall be provided to the applicant, or the electronic identification shall be inserted into the dog or cat. Each license tag or electronic identification shall be serially numbered and identified with such identification wording as determined by resolution of the city council, and shall be marked with the year in which it is issued. 6.16.080 Exemption from wearing of license. The license tag need not be worn by the dog or cat: A. When the dog or cat is securely confined in a cage or vehicle; or B. When the dog or cat is within an enclosure sufficient to securely confine the dog or cat to the premises of a county or city animal shelter, animal hospital, licensed dog or cat kennel, animal rescue entity organized and existing under Internal Revenue Code Section 501(c)(3), or of the person owning, harboring, or controlling the dog or cat; or C. When the dog or cat is participating in, or training for, sporting events, field trials, obedience class, dog or cat shows, or when the dog is herding livestock, provided such dog or cat is not running at large; or D. When the dog is used by a law enforcement agency to perform official law enforcement duties. 6.16.090 Lost license tag. If a license tag issued under the prov isions 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. 6.16.100 Transfer of license. In the event that there is a change in ownership of a dog or cat licensed pursuant hereto during the license period for which such license is issued, the new owner may have the current license transferred to his or her name upon the payment of a transfer fee in the amount prescribed by resolution of the city council. 173 Ordinance No. ____ Page 23 12853-0005\2684974v2.doc 6.16.110 License inspectors. The city may appoint animal license inspectors for the purpose of inspecting animals required to be licensed hereunder to ascertain if such animals are properly licensed, issuing the licenses required hereunder, and collecting the required license fees. Inspectors shall be compensated at the rate established by resolution of the city council for each license issued. Each inspector shall promptly account to the city for all funds collected pursuant hereto and shall pay over such funds. 6.16.120 Prohibited conduct. It is unlawful for any person to: A. 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; B. Counterfeit a dog or cat license tag; C. Attach a license tag to any dog or cat other than the one for which the tag was issued; D. To state as true any material matter that the applicant or person who owns, harbors, or keeps the animal knows to be false. Chapter 6.20 RABIES CONTROL 6.20.010 Rabies vaccination required. 6.20.020 Rabies vaccination certificate. 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 Rabies vaccination required. A. 1. Every person owning, harboring, or keeping a dog or cat shall, within thirty (30) days after such dog or cat obtains the age of four (4) months, cause it to be vaccinated for rabies by a licensed veterinarian with a vaccine of a type approved by the State Department of Health as being suitable for use. 2. Notwithstanding subsection A.1, a person owning, harboring, or keeping a dog or cat shall not be required to cause it to be vaccinated for rabies if the person obtains 174 Ordinance No. ____ Page 24 12853-0005\2684974v2.doc an exemption, on an annual basis, from the Ventura County health off icer in compliance with Health and Safety Code Section 121690, subdivision (b). Any dog or cat that is not vaccinated pursuant to this subsection shall be vaccinated for rabies within ten (10) days after the disease or disability on which the exemption is based ends. B. In order to ensure compliance with state law requiring rabies vaccination, all licensed veterinarians shall report all administered rabies vaccinations to the shelter director, monthly, in accordance with Ventura County Code Section 4451(b), and as amended. This includes providing the shelter director, on paper or in an electronic form approved by the shelter director, the following information: 1. The name, residence address, telephone number and, if known, email address of the animal's owner; 2. The name, age, sex (including spay/neuter status), species, breed, color and, if known, microchip number of the animal; 3. The date on which the vaccination was administered, and the duration of the protection provided by the vaccination; 4. The type of vaccination used and its corresponding lot number; and 5. The name and license number of the veterinarian administering the vaccination and the name of the veterinary clinic/hospital at which the vaccination was administered. 6.20.020 Rabies vaccination certificate. Any veterinarian who vaccinates a dog or cat for rabies shall 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 shelter director shall seize and place in isolation any animal, licensed or not, which, in the opinion of a licensed veterinarian or the county health officer, displays symptoms suggestive of rabies. Isolation of any other animal for suspected rabies i s at the discretion of the impounding animal compliance officer. Such isolation shall be at an animal shelter unless the owner of such animal, with the approval of the county health officer, arranges with a licensed veterinarian for such isolation in a private animal hospital or clinic. Any animal placed in such isolation shall be kept strictly confined and under such observation as may be required by the county health officer. Except as otherwise provided in Section 6.20.090, such isolation shall continue for at least ten (10) days from the date the symptoms suggestive of rabies are first observed. Such isolation may be continued for a period longer than ten (10) days if, in the opinion of any licensed veterinarian or the county health officer, such longer period is necessary. At the expiration of such ten (10) 175 Ordinance No. ____ Page 25 12853-0005\2684974v2.doc days, or longer period, any animal confined at an animal shelter shall be released upon payment of the fee set forth in Section 6.20.100 if, in the opinion of any licensed veterinarian or the county health officer, such animal does not have rabies. 6.20.040 Responsibilities of veterinarians. It shall be the duty of every licensed veterinarian to report immediately to the county shelter director any animal observed or diagnosed by the veterinarian as having rabies;, or which the veterinarian has reason to suspect has rabies, or which he or she has reason to believe has been exposed to a potentially rabid animal through intimate contact. 6.20.050 Reporting of bite cases. It shall be the duty of every physician or other person who treats any person for a bite inflicted by any animal to report immediately to the shelter director the name and address of each person receiving such treatment and, upon request of the shelter director, to report to such officer such additional information relating to the bite or treatment as shelter director 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 shelter director 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 shelter director, the isolated biting animal shall be kept strictly confined and isolated in accordance with the shelter director’s orders, and a conspicuous notice on a sign and with wording approved by the shelter director shall 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 shelter director until the fees set forth by resolution of the city council are paid, and in the opinion of any licensed veterinarian or shelter director, the animal does not have rabies. D. The shelter director shall be notified prior to releasing an animal from isolation. The shelter director may require any veterinarian to submit a written opinion to the shelter director that the animal does not have rabies. 176 Ordinance No. ____ Page 26 12853-0005\2684974v2.doc 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 shall 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 shall 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 shall 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 shelter director 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 shelter director, 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 persons 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 premise s, 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, shall then be seized by the shelter director without delay and isolated at the animal shelter 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 shelter director 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 shelter director all applicable fees and obtaining any necessary license. 6.20.100 Isolation fees. A The shelter director 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 shelter, the fee applicable to such isolation shall be paid in advance before approval by the shelter director of such isolation as an alternative to isolation in the shelter. 177 Ordinance No. ____ Page 27 12853-0005\2684974v2.doc 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 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 Revocation of license. 6.24.080 Confinement regulations. 6.24.090 Notice of escape. 6.24.100 Disposition. 6.24.110 Release of wild animals. 6.24.010 Purpose. The purpose of this chapter is to establish requirements for keeping wild 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 shall have, keep, or maintain any wild animal unless all adequate provisions are made for the confinement and control to ensure the maintenance of public peace, health, and safety pursuant to Section 17.28.030 of this code, and as it may be amended. 6.24.030 License requirements. Every person who owns, harbors, or keeps any wild animal shall 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 animals. 178 Ordinance No. ____ Page 28 12853-0005\2684974v2.doc B. The wild animal license required by this chapter may be obtained by making written application to the shelter director, demonstrating to the satisfaction of the shelter director 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 shall describe the animal to the satisfaction of the shelter director and shall 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 shall be 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 r esolution 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 Revocation of license. A. Any wild animal license issued under the provisions of this chapter may be revoked by the shelter director 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 shall become effective immediately upon either the receipt of actual notice by the applicant or the end of the tenth (10th) day after writ ten notice addressed to the applicant at the address shown on his or her application is deposited in the first class mail, return receipt requested, whichever shall first occur. 179 Ordinance No. ____ Page 29 12853-0005\2684974v2.doc 6.24.080 Confinement regulations. A. The city or its authorized agent may require adherence to rules and regulations for the United States Department of Agriculture and/or California Department of Fish and Wildlife or make rules regulating the size and type of cage or other means of confineme nt, 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 any/all rules and regulations adopted by the animal regulation department or the city shall be furnished upon request. C. In applying the regulations to a given situation, the animal re gulation department or the city shall 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 shall immediately notify the city and the county animal regulation department of such escape. 6.24.100 Disposition. A. Wild animals found running loose may be impounded in accordance with the provisions of Chapter 6.12 of this title. However, neither the city, its officers, agents or employees, or any person carrying out impoundment by contract, shall be liable for injury or disease to any animal incurred while such 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, is hereby declared 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 shelter director receive payment of all costs incurred in the capture, impounding, and care of the wild animal, provided that all required county, state and federal permits are also obtained. 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 shall be identified by an indelible 180 Ordinance No. ____ Page 30 12853-0005\2684974v2.doc number tattooed on the animal, and the person, organization, society, association , or corporation shall be responsible for damage inflicted by the animal. CHAPTER 28 DOGS USED BY PEACE OFFICERS 6.28.010 Prohibited conduct. 6.28.020 Exemptions. 6.28.010 Prohibited conduct. It shall be unlawful for any person to willfully torture, tease, torment, beat, kick, strike, mutilate, injure, disable, or kill any dog used by a peace officer in the performance of the peace officer’s functions or duties or to interfere with or meddle with any such dog or its handler in the performance of any of the functions or duties of the peace officer. 6.28.020 Exemptions. The following provisions of this code shall not apply to dogs used by any peace officer to perform official peace officer duties: Section 6.08.020.A, Section 12.16.200, Section 12.16.220, Section 12.16.190, Section 12.24.030, and Section 17.28.030 . Chapter 6.32 POTENTIALLY DANGEROUS AND VICIOUS DOGS 6.32.010 Other remedies. 6.32.020 Exemptions. 6.32.030 Definitions for potentially dangerous and viscous dogs. 6.32.040 Authority to seize and impound animal posing immediate threat to public safety. 6.32.050 Potentially dangerous dog or vicious dog hearing. 6.32.060 Notice of determination and appeal from hearing. 6.32.070 Exceptions. 6.32.080 Reserved. 6.32.090 Consequences of potentially dangerous dog determination. 6.32.100 Notice of change of status regarding potentially dangerous dog. 6.32.110 Removal of potentially dangerous dog designation. 6.32.120 Conditions for dog found vicious. 6.32.130 Notice of change of status regarding vicious dog. 6.32.140 Conditions for prohibiting ownership after dog found vicious. 6.32.150 Payment of fee to division if dog determined to be potentially dangerous dog or vicious dog. 6.32.160 Follow-up hearing dates. 6.32.170 Violation of conditions constitutes a misdemeanor. 6.32.180 Injunctive relief. 181 Ordinance No. ____ Page 31 12853-0005\2684974v2.doc 6.32.010 Other remedies. Nothing in this title shall prevent the city from pursuing action under any other provision of this code or any court action under Food and Agriculture Code Section 31601, et seq. The shelter director, and his or her designee, shall have the discretion to directly petition the court, under state law, to seek a determination of whether a dog is potentially dangerous or vicious. 6.32.020 Exemptions. Chapter 6.32 does not apply to licensed kennels, humane society shelters, public animal shelters, veterinarians, or to dogs used by peace officers in the performance of their peace officer work. 6.32.030 Definitions for potentially dangerous and viscous dogs. For the purposes of Chapter 6.32 only, the following terms shall have the following meanings, unless the context otherwise requires: A. The term “potentially dangerous dog” means any of the following: 1. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six (36)-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and dog are off the property of the owner or keeper of the dog. 2. Any dog which, when unprovoked, bites a person causing a less severe injury than the injury defined in Section 6.32.030.A.3. 3. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six (36)-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. B. The term “vicious dog” means either of following: 1. Any dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. 2. Any dog previously determined to be and currently listed as a potentially dangerous dog that, after its owner or keeper has been notified of this determination, continues the behavior described in Section 6.32.30.B.1, or is maintained in violation of Section 3.30.090. 182 Ordinance No. ____ Page 32 12853-0005\2684974v2.doc C. The term “severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. D. The term “enclosure” means a fence or structure suitable to prevent the entry of young children, and which is suitable to prevent the dog from escaping. The dog shall be housed pursuant to Penal Code Section 597t. E. The term “impounded” means taken into the custody of the shelter director. 6.32.040 Authority to seize and impound animal posing immediate threat to public safety. A. If upon investigation it is determined by the animal control officer or peace officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the animal control officer or peace office r may seize and impound the dog pending the hearings to be held pursuant to this chapter. The owner of the dog shall be liable to the shelter director for the costs and expenses of seizing, impounding, and keeping the dog, according to the schedule of rates and fees approved by resolution of the City Council, if the dog is later adjudicated potentially dangerous or vicious. B. When the dog has been impounded pursuant to subsection A and it is not contrary to public safety, the shelter director, or shelter director’s designee, shall permit the dog to be confined at the owner’s expense in an approved kennel or veterinary facility. 6.32.050 Potentially dangerous dog or vicious dog hearing. A. If an animal compliance officer, animal control officer, or peace officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the shelter director or his or her designee shall file, with a court having jurisdiction, or with a neutral and impartial administrative hearing officer, a verified complaint setting forth facts that establish probable cause to believe the dog in question is potentially dangerous or vicious, and shall petition for a court hearing, or an administrative hearing, for the purpose of determining whether the dog should be declared potentially dangerous or vicious. The animal regulation department may authorize its own employee to conduct the administrative hearing if the hearing officer is not the same person who signed the petition or directed the impoundment or seizure of the dog and is not junior in rank to such person(s). In the alternative, the animal regulation department may use the services of a neutral and impartial hearing officer from outside the animal regulation department. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal compliance officer, animal control officer, peace officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petit ion. The shelter director, or his or her designee, shall notify the owner or keeper of the dog that a court or administrative hearing will be held, at which time the owner or keeper of the dog may present evidence as to why the dog should not be declared pot entially dangerous or 183 Ordinance No. ____ Page 33 12853-0005\2684974v2.doc vicious. The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. The hearing shall be held promptly within no less than five (5) working days nor more than ten (10) working days after service of notice upon the owner or keeper of the dog. The hearing shall be open to the public. B. The hearing officer shall have the power to administer oaths or affirmations when necessary in conjunction with the hearing. C. The court or administrative hearing officer may admit into evidence al l relevant evidence, including the incidence report and the affidavits of witnesses. Any party shall have the right to call and examine witnesses, to introduce exhibits, to cross -examine witnesses on any matter relevant to the issues even if such matter wa s not covered on direct examination, and to impeach any witness regardless of which party first called the witness to testify. Any relevant evidence shall 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 which might make improper the admission of such evidence or objection in a civil action. Hearsay evidence shall be admissible for any purpose but shall not be sufficient itself to support a finding unless it would be admissible over objection in a civil action. D. Before and after the hearing has commenced, any party may request the court or administrative hearing officer to issue subpoenas and subpoenas duces tecum for attendance and the production of documents at the hearing. Compliance with the provisions of section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena duces tecum. Any person duly subpoenaed to appear and testify or to produce any documents and who wrongfully neglects or refuses to appear or testify or to produce such documents is guilty of a misdemeanor. E. A jury shall not be available. The court or administrative hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make such other necessary orders. F. All court forms approved for optional use by the Judicial Council of California, pursuant to Food and Agriculture Code Sections 31601, et seq., may also be used for purposes of any administrative hearing. 6.32.060 Notice of determination and appeal from hearing. A. After the hearing conducted pursuant to Section 6.32.050, the owner or the keeper of that animal shall be notified in writing of the determination and orders issued, either personally or by first-class mail, return receipt requested, by the court or administrative hearing officer. If a determination is made that a dog is potentially dangerous or vicious the owner or keeper of the animal shall comply with Section 6.32.150 in accordance with a time schedule established by the animal regulation department but in no case more than thirty (30) days after the date of the determination or thirty -five (35) days if the 184 Ordinance No. ____ Page 34 12853-0005\2684974v2.doc determination is mailed to the owner or keeper of the dog. If the petitioner or owner or keeper of the dog contests the determination, they may, within five (5) days of the receipt of the court order or notice of determination, appeal the decision of the hearing entit y. The fee for filing an appeal, payable to the clerk of court, is as provided Government Code Section 70626, subdivision (b). The appeal of an administrative order s hall be to the superior court. The appeal of a court order shall be to the appellate division of the superior court. The petitioner or the owner or keeper of the dog shall serve personally or by first - class mail, return receipt requested, notice of the appeal upon the other party. B. The court hearing the appeal shall conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and other relevant issues, based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods set forth in Section 6.32.050. The issue shall be decided by a preponderance of the evidence. The court may admit all relevant evidence including incidence reports and affidavits of witnesses. If the court rules the dog to be potentially dangerous or vicious, the court may establish a time schedule to ensure compliance with its order, but in no case more than thirty (30) days subsequent to the date of the court’s determination or thirty-five (35) days if the service of the judgment is by first-class mail. C. The hearing entity of original jurisdiction and the court hearing the appeal may decide all issues for or against the owner or keeper of the dog even if the owner or keeper fails to appear at the hearing. The determination of the court hearing the appeal shall be final and conclusive upon all parties. 6.32.070 Exceptions. A. No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of a dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous or vicious if the dog was protecting or defen ding a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog. B. No dog may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. 185 Ordinance No. ____ Page 35 12853-0005\2684974v2.doc 6.32.080 Reserved. 6.32.090 Consequences of potentially dangerous dog determination. A. A potentially dangerous dog, while on the owner’s property, shall at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. The City. or its designee, shall inspect and give written approval for the yard or enclosure within fourteen (14) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner. A potentially dangerous dog may be off the owner’s premises only if it is restrained by a non-retractable leash no longer than four (4) feet, and if it is under the control of a responsible adult. At no time may the dog be left unattended while off the owner’s premises. B. The dog shall be spayed or neutered at the expense of the owner before the release of the dog to its owner. If the dog was not impounded, the dog owner shall provide proof to the City that the dog has been spayed or neutered within thirty (30) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner. C. The owner shall post one (1) or more signs on the premises, at locations approved by the City, stating that a potentially dangerous dog resides at the premises. The sign(s) shall be posted within seven (7) calendar days after the administrative decision or court order declaring the dog to be potentially dangerous is served on the owner. D. The administrative hearing officer or court may impose other reasonable conditions that are necessary to protect the public safety and welfare. E. All charges for services performed by the animal regulation department and all penalties shall be paid before release of the dog to its owner. If the owner does not take possession of the dog within seventy-two (72) hours from notification of determination to release the dog, the dog will be deemed abandoned and may be disposed of by the animal regulation department. If the dog is being held somewhere other than the animal shelter, all charges for services performed by the animal regulation department and all penalties shall be paid within fourteen (14) calendar days after services are performed or the charges or fines are ordered to be paid. F. A violation of an administrative decision or court order following a determination that a dog is potentially dangerous, may result in the filing of an action to determine whether the dog is vicious under Section 6.32.030.B. 6.32.100 Notice of change of status regarding potentially dangerous dog. A. If a dog determined to be potentially dangerous dies, or is sold, transferred or permanently removed from the city or county where the owner resides, the owner of a potentially dangerous dog shall notify the City of the changed condition and new location 186 Ordinance No. ____ Page 36 12853-0005\2684974v2.doc of the dog in writing within two (2) working days. In addition, if the dog is moved to another jurisdiction, the dog’s owner is required to provide the animal control authorities of the new jurisdiction with a copy of the administrative decision or court order during the effective period of the decision or court order. B. The owner of a dog determined to be potentially dangerous shall notify the City immediately if the dog is at large or has committed an attack on any person, domestic animal or livestock. 6.32.110 Removal of potentially dangerous dog designation. If there are no additional instances of the behavior described in Section 6.32.030.A within a thirty-six (36) month period from the date of designation of a potentially dangerous dog, upon written application by the dog’s owner, the dog shall be removed fr om the City’s list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the thirty -six (36) month period if the owner of the dog demonstrates to the City that changes in circumstances or measures taken by the owner, such as training of the dog, have mitigated the risk to public safety. 6.32.120 Conditions for dog found vicious; destruction. 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. A. A dog determined to be vicious may be destroyed by the division when it is found under Section 6.32.060, that the release of the dog would create a significant threat to the public health, safety, and welfare. B. If it is determined that a dog found to be vicious shall not be destroyed, the administrative hearing officer shall impose conditions upon the ownership of the dog that protect the public health, safety, and welfare. C. If it is determined that a dog found to be vicious shall not be destroyed, the enclosure that is required shall meet the requirements of Section 6.32.030. The city or designee shall inspect and give written approval for the yard or enclosure within fourteen (14) calendar days after the decision or court order declaring the dog to be vicious is served on the dog owner. A vicious dog may be off the owner’s premises only if it is restrained by a non-retractable leash no longer than four (4) feet, is wearing an animal regulation department-approved basket muzzle, and if it is under the control of a responsible adult. At no time may the dog be left unattended while of f the owner’s premises. D. If it is determined that a dog found to be vicious shall not be destroyed, the dog shall be spayed or neutered at the expense of the owner before the release of the dog to its owner. If the dog was not impounded, the dog owner shall provide proof to the city that 187 Ordinance No. ____ Page 37 12853-0005\2684974v2.doc the dog has been spayed or neutered within thirty (30) calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner. E. If it is determined that a dog found to be vicious shall not be destroyed, the owner of a vicious dog shall give written notice of the vicious dog determination to the United States Post Office (local branch) and to all utility companies providing services to the premises where the vicious dog is kept. The owner shall provide a copy of the notices to the animal regulation department before the re lease of the dog from impound. If the dog was not impounded, the dog owner shall provide a copy of the required notices to the animal regulation department within fourteen (14) days after the administrative hearing or court determination declaring the dog is vicious. F. If it is determined that a dog found to be vicious shall not be destroyed, the owner shall post one or more signs on the premises, at locations approved by the city, stating that a vicious dog resides at the premises. The sign(s) shall be posted within twenty-four (24) hours after the administrative decision or court order declaring the dog to be vicio us is served on the owner. G. The administrative hearing officer or court may impose other reasonable conditions that are necessary to protect the public safety and welfare. 6.32.130 Notice of change of status regarding vicious dog. If a dog determined to be vicious dies, or is sold, transferred or permanently removed from the city or county where the owner resides, the owner of vicious dog shall notify the animal regulation department of the changed condition and new location of the dog in writing within two (2) working days. In addition, if the dog is moved to another jurisdiction, the dog’s owner is required to provide the animal control authorities of the new jurisdiction with a copy of the administrative decision or court order during the effective period of the decision or court order. The owner of a dog determined to be vicious shall notify the animal regulation department immediately if the dog is at large or has committed an attack on any person, domestic animal or livestock. 6.32.140 Conditions for prohibiting ownership after dog found vicious. The owner of a dog determined to be a vicious dog in accordance with Section 6.32.060 may be prohibited by the animal regulation department from owning, possessing, controlling, or having custody of any dog for a period of up to three (3) years, when it is found, after a hearing conducted unde r Section 6.32.050, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare. 188 Ordinance No. ____ Page 38 12853-0005\2684974v2.doc 6.32.150 Payment of fee to division if dog determined to be potentially dangerous dog or vicious dog. A. The owner of a dog determined to be a potentially dangerous in accordance with Section 6.32.060 shall pay a fee to the animal regulation department in the amount set by resolution of the city council to reimburse the licensing authority for maintaining records of the dog’s designation as a potentially dangerous dog, and for the animal regulation department’s oversight and inspections subsequent to such designation. B. The owner of a dog determined to be vicious in accordance with Section 6.32.06 shall pay a fee to the animal regulation department in the amount set by resolution of the city council to reimburse the licensing authority for maintaining records of the dog’s designation as vicious and for the animal regulation department’s oversight and inspections subsequent to such designation. 6.32.160 Follow-up hearing dates. The administrative hearing officer or judicial officer who heard the petition to determine if a dog is potentially dangerous or vicious may schedule follow -up hearing dates to ensure compliance with all conditions imposed. 6.32.170 Violation of conditions constitutes a misdemeanor. The failure to comply with any condition ordered by the administrative hearing officer or judicial officer is a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment in the County jail for a period not to exceed six (6) months, or by both the fine and imprisonment. 6.32.180 Injunctive relief. A violation of any part of any administrative decision or court order may be the subject of a civil action for injunctive relief to enjoin the person who v iolated the decision or order. The filing and prosecution of an action for injunctive relief does not limit the authority or ability of the animal regulation department to take any other action permitted by law. CHAPTER 6.36 COUNTY ADMINISTRATIVE ENFORCEMENT ALTERNATIVE 6.36.010 Purpose and applicability. 6.36.020 Definitions. 6.36.030 Determination of civil penalties. 6.36.040 Service of citations and notices. 6.36.050 Assessment and payment of civil penalties. 6.36.050.1 - Issuance of administrative citation assessing civil penalty. 6.36.050.2 - Contents of administrative citation. 6.36.050.3 - Payment of civil penalties. 189 Ordinance No. ____ Page 39 12853-0005\2684974v2.doc 6.36.060 Collection fees. 6.36.070 Financial inability to pay penalties and fees. 6.36.080 Administrative hearing procedures. 6.36.080.1 - Request for administrative review/request for administrative hearing. 6.36.080.2 - Advance deposit of penalty amount. 6.36.080.3 - Hardship waiver of advance deposit of penalty amount. 6.36.080.4 - Administrative hearing date. 6.36.080.5 - Hearing procedures. 6.36.080.6 - Hearing officer's decision. 6.36.080.7 - Enforcement. 6.36.010 Purpose and applicability. This chapter authorizes a county animal control officer, as defined by Section 6.36.020 of this chapter, to issue an administrative citation assessing a civil penalty in lieu of proceeding with a criminal citation or complaint for enforcement of any violation of the provisions of this title when the city has delegated that authority to the county by city council resolution or by contract. The determination whether to use such an alternative will be at the sole discretion of the county animal control officer. However, the issuance of an administrative citation shall not prevent the issuance of a criminal cita tion or complaint for any subsequent violation(s) of the same or similar nature. 6.36.020 Definitions. A. The following definitions shall apply to the words or phrases used in this chapter. 1. The term “citee” means any person to whom a county enforcement officer has issued an administrative citation that assesses a civil penalty in the manner provided for by this title. 2. The terms “enforcement officer” or “county animal control officer” means any county officer or employee who is authorized to issue citations for violations of any provisions of this title pertaining to animal welfare and control. 3. The term “day” means calendar and not business day. 4. The term “county review officer” means a neutral and impartial person who has been designated or retained to conduct an initial county administrative review of the issued citation. 5. The term “county hearing officer” means a person who has been designated or retained to conduct a hearing by the county to enforce the provisions of this title pursuant to a contract between the city and county. 6. The term “county” means the County of Ventura. 190 Ordinance No. ____ Page 40 12853-0005\2684974v2.doc 7. The term “board of supervisors” means the board of supervisors of the county. 8. The term “division” means the animal services division of the County of Ventura. 6.36.030 Determination of civil penalties. A. The amount of the fine will be assessed according to a schedule of fines adopted by city council resolution. The schedule may include escalating fi ne amounts for repeat violations occurring within specified periods of time, and fines may vary depending on the particular code provision violated. B. Where no amount is specified by resolution of the city council, the following fines will apply: 1. A fine not exceeding one hundred dollars ($100.00) per day for a first (1st) violation; 2. A fine not exceeding two hundred dollars ($200.00) per day for a second (2nd) violation of the same code provision or permit within the previous twelve (12) months; 3. A fine not exceeding five hundred dollars ($500.00) per day for each additional violation of the same code provision or permit within the previous twelve (12) months. C. A penalty of ten percent (10%) will be added on any delinquent fines on the last day of each month after the due date. D. In addition to the late penalty provided by this section, delinquent fines will accrue interest at the rate of one percent (1%) per month, exclusive of penalties, from the due date E. Once imposed, the daily penalty will continue to accrue until the violation is corrected to the satisfaction of the director. F. The director may stay the imposition of penalties or decrease the amount of penalties, either temporarily or permanently, if the director determines that: 1. Substantial progress is being made toward correcting the violation and that decreasing the penalties would further the goal of correcting the violation; or 2. Circumstances exist that were either beyond the control of the violator or were unknown at the time the penalties were imposed and warrant the reduction or suspension of the penalties. 191 Ordinance No. ____ Page 41 12853-0005\2684974v2.doc G. If the amount of the civil penalties is modified or suspended, the Notice to citee and Administrative Citation provided for in Sections 6.36.030 and 6.36.050.1, shall be amended stating the modified terms and an Amended Notice to citee shall be served on the violator. The daily civil penalty imposed for a violation that is an infraction shall not exceed the amount of the maximum amount of fines or pena lties for infractions set forth in Government Code Section 36900(b). 6.36.040 Service of citations and notices. A. Notice to citee. Unless otherwise provided for in this title, all citations and other notices required to be served upon a citee, shall be s erved either by personal service or by first-class mail, postage prepaid, addressed to the citee at his or her last known address. Such service shall be deemed effective upon the date it is personally delivered to the citee or on the date it is deposited in the mail. The county officer or employee serving the citation or other notice by mail shall complete a declaration of service and attach it to the copy of the citation or other notice. B. Notice to the division. Unless otherwise provided for by this title, all notices required to be served upon the county pursuant to this title, shall be served either by personal service at the office set forth in the citation or by first class mail, postage prepaid, addressed to the division at the address set forth in the citation. Such service shall be deemed effective upon the date it is personally delivered to the division or on the date postmarked when served upon the division by mail. 6.36.050 Assessment and payment of civil penalties. 6.36.050.1 - Issuance of administrative citation assessing civil penalty. A person who is assessed a civil penalty for a violation of the provisions of this title shall be served with an administrative civil citation that assesses a civil penalty in an amount established pursuant to Section 6.36.010 et seq. 6.36.050.2 - Contents of administrative citation. A. Each administrative citation shall contain, but not necessarily be limited to, the following information: 1. The date of the violation; 2. The address or a location description wherein the violation occurred or is occurring; 3. The Section(s) of the title that was (were) violated; 4. A description of the circumstances of the violation; 5. The amount of the civil penalty for the violation; 192 Ordinance No. ____ Page 42 12853-0005\2684974v2.doc 6. The procedures for paying the civil penalty, including the time within which payment shall be made and the address for payment; 7. An order prohibiting any continuation of the code violation described in the administrative citation; 8. Notice that the payment of any penalties under this title does not excuse or discharge any continued or repeated violation of the code section which is the subject of the administrative citation; 9. A description of the time and manner in which the citee may request an administrative review of the civil penalty if the citee decides to contest the penalty; and 10. The full name of the enforcement officer. 6.36.050.3 - Payment of civil penalties. A civil penalty assessed against a citee pursuant to the provisions of this title shall be paid in full to the division at the place identified in the administrative citation within thirty (30) days from the date of the citation. 6.36.060 Collection fees. A collection fee as prescribed by resolution of the city council shall be assessed to the citee. 6.36.070 Financial inability to pay penalties and fees. In the event that a citee proves to the satisfaction of the division that he or she does not have the financial ability to pay the full amount of the civil penalty, including delinquency fees, as set forth in this title, the division may permit the citee to execute a promissory note in lieu of payment at that time. Such note shall provide for payment of all penalties and fees and include a reasonable rate of interest not to exceed that allowed by the California Code of Civil Procedure upon judgments. While this procedure will not satisfy the underlying obligation, it will delay the collection of the amounts due until the date set forth on the promissory note. 6.36.080 Administrative hearing procedures. 6.36.080.1 - Request for administrative review/request for administrative hearing. A. A citee who is issued a citation assessing a civil penalty arising out of any violation of this title, may request an initial administrative review of the citation within twenty (20) calendar days of its issuance, rather than proceeding directly to a request for an administrative hearing regarding the citation. This request shall be made in writing and served upon the division at the address set forth in the citation. A citee's request shall set forth, with particularity, the reasons the citee believes a violation did not occur or that 193 Ordinance No. ____ Page 43 12853-0005\2684974v2.doc the citee was not responsible for the violation(s), shall include a copy of the citation, and shall contain the address to which the conclusions of the division’s review should be mailed. A request for an initial administrative review shall be accompanied by payment of a fee for administrative review according to the schedule of rates and fees adopted by resolution of the city council. B. Upon receiving a citee’s request for review, the reviewing official shall review the request, citation, and other pertinent information, and provide the citee with written notification that: 1. The citation is vacated because there was no violation, or the citee was not responsible for the violation (if the citation is vacated, the division shall provide the citee with a refund of the fee paid for administrative review); 2. The citation will not be vacated because no justification could be found and setting forth the basis for that conclusion. C. The reviewing official will mail a copy of the notification to the citee at the address included in the request for initial administrative review along with, if applicable, notice establishing the fine due date and the procedure for requesting an administrative hearing, review within ten (10) business days of receiving citee's request. D. Any citee dissatisfied with the conclusions of an initial administrative review may contest that citation by requesting an administrative hearing. A citee shall request an administrative hearing under Section 6.36.080, et seq., in writing within twenty (20) calendar (20) days after the date the division served citee with notice of the administrative review decision. Requests shall be submitted to the division’s office and shall be accompanied by an advance deposit of the fine or a request for a hardship waiver. 6.36.080.2 - Advance deposit of penalty amount. A citee who is issued a civil penalty for a violation of this title, may request an administrative hearing to challenge the basis for the citation within twenty (20) calendar days of its issuance. Except as may be provided for in this title, each request for administrative hearing shall be accompanied by an advance deposit in an amount equal to the contested civil penalty, including delinquency fees, and the administrative hearing fee set by resolution of the city council or the amount of one thousand dollars ($1,000.00), whichever is less. 6.36.080.3 - Hardship waiver of advance deposit of penalty amount. A. A citee who is financially unable to make an advance deposit of the amount required for an administrative hearing deposit may file an application with the division within thirty (30) days from citation issuance requesting a waiver of the advance deposit. Such application shall be in a form required by the division, filed with the request for administrative hearing and shall be accompanied by a declaration, signed under penalty 194 Ordinance No. ____ Page 44 12853-0005\2684974v2.doc of perjury, with any supporting documents required by the division, demonstrating the citee's financial inability to pay. B. The division shall review the request for hardship waiver, including the declaration and supporting documents, within fifteen (15) days of receiving the request and determine whether to grant or deny the request. Thereafter, the division shall serve the citee with a notice of its determination by mail at the address provided in the waiver application. The determination of the division as to such waiver shall be final. C. Should the application be denied, the citee shall deposit the required advance deposit with the division not later than ten (10) days following the date the notice of denial of the waiver was served upon the citee. Failure to provide the deposit within ten (10) days shall be deemed a waiver of the citee's right to an administrative hearing and the civil penalty shall be deemed delinquent. The division shall thereafter serve notice of the penalty amount for the delinquency upon the citee and provide notice to the hearing officer. 6.36.080.4 - Administrative hearing date. Upon receiving a timely request for an administrative hearing, together with any required deposits, the division shall set an administrative hearing on a date not less than fifteen (15), nor more than sixty (60) days, from the date the hearing is requested. Written notice of the date, time and location of the administrative hearing shall be provided to the citee at least fifteen (15) days prior to the hearing date. 6.36.080.5 - Hearing procedures. A. Issues to be determined at the hearing are limited to whether the violation alleged in the administrative citation actually occurred; and whether the citee was legally responsible for the violation. B. The burden of proof will be upon the division by a preponderance of the evidence. The citation itself shall be considered as prima facie evidence of the facts contained therein. Both the citee and the enforcement officer shall have the opportunity to testify and present additional evidence concerning the alleged violation. Such evidence may include witness testimony, documents, and other evidence. Strict rules of evidence shall not apply, including hearsay. Evidence shall be relevant and material to the issues of whether the violation actually occurred and/or whether the citee was responsible for the violation. C. In lieu of personally appearing at the hearing, the citee may request that the hearing officer decide the matter upon the facts set forth in the citation, and relevant documents or written statements previously submitted. D, If the citee fails to appear at the hearing, without having been granted a waiver of presence by the hearing officer, this will be deemed to be a waiver of the right to be 195 Ordinance No. ____ Page 45 12853-0005\2684974v2.doc personally present. The hearing officer shall then determine the matter upon the facts set forth in the citation, and relevant documents or written statements previously submitted, and statements from the enforcement officer during the hearing. E. The enforcement officer who issued the citation may, but is not required to, be present at the hearing, unless the citee serves a subpoena on the enforcement officer to testify at the hearing. In lieu of such attendance the enforcement officer may submit, prior to the hearing, reports, photographs, or other documents to the division which shall then be forwarded to the hearing officer for consideration. A copy of the documents submitted by the enforcement officer will also be provided to the citee at the commencement of the hearing. F. The hearing officer shall have the authority to contin ue any hearing and request additional information from the enforcement officer or citee prior to rendering a written decision. 6.36.080.6 - Hearing officer's decision. A. Within ten (10) days after completion of the hearing, the hearing officer shall issue a written decision to uphold or set aside the civil penalty assessed against the citee and shall set forth the reasons for such decision. A copy of the decision shall be provided to the division. B. The division shall, after receiving a copy of the hearing officer's determination, promptly provide a copy thereof to the citee at the address set forth in his/her request for administrative hearing either by serving the citee personally, or by first class mail, return receipt requested. C. If the decision of the hearing officer is to sustain the civil penalty, the division shall accompany the hearing officer's decision with a notice advising the citee that the division will retain any advance deposit previously paid for the civil penalty amount. If payment was not in the full amount, including a waiver previously granted, full and complete payment will be required within thirty (30) days of the date of the notice. D. The citee shall have the right to file a petition in the Ventura County Superior Court for review of the hearing officer's decision as set forth in California Code of Civil Procedure Sections 1094.5 and 1094.6. Such petition shall be filed within ninety (90) days of the date notice of the decision is served on the citee. E. If the decision of the hearing officer is to set aside and vacate the civil penalty, any advance deposit of the civil penalty shall be refunded to the citee. The division shall also refund the administrative hearing fee previously paid by the citee. The division shall provide notice to the citee of the decision and the refund, either by serving the citee personally, or by first class mail, return receipt requested. The division shall also provide notice of the decision to the enforcement officer. 196 Ordinance No. ____ Page 46 12853-0005\2684974v2.doc 6.36.080.7 - Enforcement. A penalty that is final either by termination of appeal rights or by completion of the appeal process may be collected by any lawfully authorized means including but not limited to filing a civil action to recover the amount of the unpaid penalties.” SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any other ordi nance or part or portion of any ordinance previously in effect in the City shall in any manner affect the prosecution of, any violation of any City ordinance or provision of the Moorpark Municipal Code, committed prior to the effective date hereto, nor be construed as a waiver of any license or penalty or the penal provision applicable to any violation thereof. SECTION 5. Effective Date. This Ordinance shall become effective and be in force thirty (30) days after its passage and adoption. SECTION 6. Publication. The City Clerk shall certify to the passage adoption of this Ordinance, shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. APPROVED AND ADOPTED this ____ day of ______________, 2022. ______________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk 197