HomeMy WebLinkAboutORD 504 2022 0720ORDINANCE NO. 504
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, 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,
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hereby repealed and amended in its entirety and restated to read as follows:
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"Title 6 ANIMAL REGULATIONS
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.
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.
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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.
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Chapter 6.28 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.
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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.
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"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;
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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 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.
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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.
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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.
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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 keeps 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.
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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 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 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 loud or unusual
noises in such a manner that disturbs the peace and quiet or interferes with the
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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 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
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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, 17.28.030.13, and 17.32.020 of this code.
Chapter 6.09 ANIMAL NUISANCE PROCEDURES -- BARKING DOGS
6.12.010 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:
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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.
6.09.020 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 department finds that there has
been a violation of an existing compliance agreement and new barking nuisance conduct
under Section 6.09.020.A.
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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.
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
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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
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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 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 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.
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, the 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 the
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 or public
places of the city.
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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.
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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
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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 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.
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.
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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:
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
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be in addition to any other penalty or sanction which may be imposed 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 shall 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 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.
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.
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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 Vaccination procedures.
6.20.030 Isolation of suspected animals.
6.20.040 Reporting rabies.
6.20.050 Reporting of bite cases.
6.20.060 Isolation of biting animals.
6.20.070 Isolation of animals contacting rabid animals.
6.20.080 Violation of isolation requirements.
6.20.090 Redemption of isolated animals.
6.20.100 Isolation fees.
6.20.010 Rabies vaccination required.
A. 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.
B. Notwithstanding subsection A, 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
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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.
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 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.
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.
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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:
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.
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
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Section 6.20.070 of this chapter, to fail for any reason whatsoever to keep the animal
continuously confined and isolated upon their premises, either indoors or inside some
enclosure, for the entire applicable isolation period.
B. Any animal whether it is licensed or unlicensed, that is subject to isolation under
this title and the requirements of the isolation are violated, 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.
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.
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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.
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 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
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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 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.
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 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 regulation department
or the city shall take into consideration the type, nature, disposition, and training of the
animal involved.
6.24.090 Notice of escape.
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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
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.
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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.
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
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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.
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 officer 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.
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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 petition. 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 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
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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
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.
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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 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 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.
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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
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.
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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 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 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 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
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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 under 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 violated the decision
or order. The filing and prosecution of an action for injunctive relief does not limit the
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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.
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.
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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.
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
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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.
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 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.
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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,
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
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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
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.
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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
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.
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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
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
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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.
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 ordinance 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.
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SECTION 6. Publication. The City Clerk shall certify to the passage and adoption
of this Ordinance, shall enter the same in the book of original ordinances of said City;
shall make a 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 post
or publish this Ordinance as required by law.
PASSED AND ADOPTED this 20th day of July, 2022.
(Jan)ce S. Parvin, Mayor
ATTEST:
Ky Span I r, tity rk
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STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Ordinance No. 504 was adopted by the City
Council of the City of Moorpark at a regular meeting held on the 20th day of July, 2022
and that the same was adopted by the following vote:
AYES: Councilmembers Castro, Enegren, Groff, Pollock and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 21st day of July, 2022.
6
Ky Span I r
City Clerk
(seal)
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