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HomeMy WebLinkAboutORD 329 2005 1221ORDINANCE NO. 329 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, REPLACING TITLE VI, ANIMALS, OF THE MOORPARK MUNICIPAL CODE WHEREAS, the City Council wishes to update its animal regulations to reflect current conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Title VI, Animal Regulations, of the Moorpark Municipal Code is hereby amended in its entirety to read as shown in Attachment "A ". SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and and shall, within fifteen (15) days after the passage and adoption thereof, c e the same t be published once in the Moorpark Star a newspaper of general circ tion, as defined in Section 6008 of the vernment Code, for the City of Moorpark, a d which is hereby desi ated for thathurpo PASSED AND ADOPTEID this 21 st day of Decem*r, ATTEST: S. Deborah S. Traffenstedt, Nq Clerk Attachment "A" Title VI Animal Regulations Hunter, Ordinance No. 329 Page 2 Chapters: 6.04 6.08 6.12 6.16 6.20 6.24 Chapter 6.04 ATTACHMENT "A" Title VI ANIMAL REGULATIONS General Provisions Animal Compliance Impoundment Licensing of Dogs and Cats Rabies Control Wild Animals GENERAL PROVISIONS Sections: 6.04.010 Definitions. 6.04.020 Recordkeeping. 6.04.030 Rates and charges. 6.04.040 Defense in prosecutions. 6.04.050 Enforcement authority. 6.04.010 Definitions. Unless the context otherwise requires, the terms used in this title are defined as follows: "Animal" means, but is not limited to, birds, fowl, fishes, reptiles, marsupials, and non- human mammals. "Animal compliance officer" means the person(s) or agency authorized by this title or by resolution of the city council to implement or enforce any or all of this title. "Animal regulation department" means the person(s) or agency designated by resolution of the city council to perform the duties and assume the responsibilities of the city animal compliance program and /or county or state authority regarding animals as authorized by this title, or applicable state law. "Animal pound" means any dog pound, animal shelter, temporary animal pound, or pound vehicle owned or operated by the city, or any person(s) or entity(ies) on behalf of the city, under contract to the city, or any facility designated as an animal pound by resolution of the city may be referred to as an animal pound. "Bovine animal" means any animal of the genus Bos, such as, but not limited to, an ox, cow, steer, or bull. Ordinance No. 329 Page 3 "Director of the animal regulation department" means the person(s) or agency designated by resolution of the city council to exercise duties and authority given under this title to the director of the animal regulation department. "Diseased or injured animal" means any animal not suspected of rabies that is apparently diseased, sick, injured, disabled, infirm or crippled. "Harbors" means when a person feeds or shelters an animal for a period of thirty days or longer. "Hearing officer" means the person(s) or agency authorized by resolution of the city council to conduct animal nuisance abatement hearings under this title on behalf of the city. "Household pet" means dogs, cats, canaries, parrots, and other domestic animals and birds usually and ordinarily maintained in or around a residence for the enjoyment of the owner, and if such animal is permitted by the city zoning ordinance. "Keep" or "Keeper" means to have, or the person who has, possession, custody, charge or control of an animal. "Livestock" includes horses, ponies, mules, burros, jacks and jennies, cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs, and all other domesticated animals other than household pets. "Owner" or to "own" means a person(s) who has the right to possess or use an animal to the exclusion of others under the law and as it pertains to animals. "Pound keeper" means the person(s) or agency designated by resolution of the city council to exercise duties and authority of the pound keeper under this title. "Runs at large" or "running at large" means when an animal is upon private property without the permission of the person owning or occupying the property, or when it is upon public property and is not on a leash and not under the immediate control of a responsible person capable of controlling such animal. "Wild animal" or "exotic animal" means an animal or reptile that is wild by nature and not customarily domesticated in Ventura County. This definition does not include birds, small rodents or small nonpoisonous reptiles commonly used for educational or experimental purposes or as pets. 6.04.020 Recordkeeping. A. It is the duty of the pound keeper to keep or cause to be kept, accurate and detailed records of: 1. All cats, dogs or livestock licensed, impounded, or sold; 2. All animal bite cases reported and the results of the investigations thereof; 3. All moneys received. Ordinance No. 329 Page 4 6.04.030 Rates and charges. If rates and charges for services rendered by the pound keeper are not designated by state law or in this code, then the city shall establish the rates and charges by resolution. However, a resolution of the city council supercedes a resolution of the board of supervisors. 6.04.040 Defense in prosecutions. The defendant has the burden of producing evidence to establish to the satisfaction of the hearing officer if any of the exemptions to prosecution allowed by this title apply. 6.04.050 Enforcement authority. In addition to other authority provided by law, the director, its deputies, the pound keeper, its deputies, and animal compliance officers are designated as public officers and are authorized to make arrests according to Penal Code Section 836.5 (and as it may be amended) for the purpose of enforcing and carrying out provisions of this title. The pound keeper and deputies that the pound keeper may designate are further authorized to carry and use weapons while actually engaged in the performance of their duties. Chapter 6.08 ANIMAL COMPLIANCE Sections: 6.08.010 Enforcement by City Animal Compliance Officers 6.08.020 Right of entry authority. 6.08.030 Authority to inspect licenses or animals. 6.08.040 Animals running at large. 6.08.050 Leash requirements. 6.08.060 Removal of dog defecation. 6.08.070 Destruction of dangerous dogs. 6.08.080 Noisy animals. 6.08.010 Enforcement by City Animal Compliance Officers This Chapter sets forth the manner in which City Animal Compliance Officers will enforce the provisions of the Moorpark Municipal Code pertaining to animals. The process contemplates that a citizen will contact the City to complain about a violation of the Moorpark Municipal Code. If the responding City Animal Compliance Officer can verify the violation by witnessing such violation, the Animal Compliance Officer may issue a citation for the violation. Alternatively, if the Animal Compliance Officer independently witnesses a violation of the code, he or she may issue a citation. Ordinance No. 329 Page 5 6.08.010 Right of entry authority. An animal compliance officer or any public or peace officer may enter onto private property but not enter dwellings located there, if: A. The purpose of entry onto private property is for discharging their duties to enforce the provisions of this title or other applicable law, and the appropriate conditions in paragraphs B, C, and D of this section are met. B. Entry onto private property as described above may occur at any time: 1. To pursue any animal when an animal compliance officer has reasonable or probable cause to believe the animal is subject to impoundment pursuant to this title or other applicable law; or 2. To place in isolation or impound any animal on the property when an animal compliance officer has any cause whatsoever to believe or suspect the animal has rabies or that it is a biting animal; or 3. To impound an animal pursuant to Section 6.09.050 of this title, C. Entry onto private property as described above may occur only during daylight hours: 1. To inspect or examine animals isolated there pursuant to this title or other applicable law; or 2. To seize an animal pursuant to Section 6.09.080 of this title. D. Prior to entry as described above, a reasonable effort must be made to locate the owner or possessor of the property in order to request permission to enter upon the property and to explain the purpose for entry, except when time does not permit such as in an emergency or when in fresh pursuit. 6.08.020 Authority to inspect licenses or animals. A. An animal compliance officer or any public or peace officer may demand to see an animal or animal license for inspection. B. No person may willfully fail or refuse to exhibit the animal or its license when asked to do so by an animal compliance officer, or a peace officer. 6.08.030 Animals running at large. A. It is unlawful for any person that owns, harbors, or keeps any animal to tolerate, permit, or allow: 1. An animal to be at large without reasonable control. 2. An animal to be pastured or kept upon any street or other public place. 3. An animal to be upon any private property without the permission of the person owning or occupying the private property. 4. An animal to injure in any manner the owner or occupant of any other property or damage the property itself. 6.08.040 Leash requirements. A. It is unlawful for any person that owns, harbors, or keeps any dog to tolerate, permit, or allow the dog to be unleashed, unless the dog is secured in a vehicle, or physically restrained in another humane manner of control. A leash must be held continuously in the hand of a responsible person capable of controlling the dog. This leash requirement applies whenever the dog is on public or private property including on any public street, alley, lane, park, greenbelt, trail, or place of whatever nature that is open to and used by the public. Ordinance No. 329 Page 6 B. It is unlawful for any person that owns, harbors, or keeps any dog to tolerate, permit, or allow the dog to be on any private property in the city without the permission of the person owning or occupying the private property. C. Exceptions to the leash requirements of this section are when the dog is on the property of the person who has the charge or control of a dog, or when the dog is on the dog owner's property. 6.08.050 Removal of dog defecation. A. It is unlawful for any person owning or having possession, charge, or control of any dog to tolerate, permit, or allow the dog to defecate on any public or private property in the city without the consent of the owner or person in lawful possession of the property. B. The person that owns, harbors or keeps any dog that defecates on any public or private property must immediately remove the feces by placing it in a closed container and then depositing the feces in a trash receptacle unless the owner or person in lawful possession of the property consents to the dog defecation. C. This section does not apply to a peace officer with an on -duty police dog (including search and rescue dogs) or to a person with a disability as defined by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.) who is accompanied by a service animal, which has been trained by a person licensed under Section 7200 et. seq. of the Business and Professions Code. 6.08.060 Destruction of dangerous dogs. Any dog that is running at large and is dangerous to persons or property due to its vicious disposition may be seized and destroyed in a humane manner by the pound keeper. 6.08.070 Citation of noisy animals. A. It is unlawful for any person that owns, harbors or keeps any dog or animal to tolerate, permit, or allow the animal to repeatedly bark, howl, whine, crow, or make loud or unusual noises in such a manner that disturbs the peace and quiet or interferes with the comfortable enjoyment of life and /or property of a reasonable person of ordinary sensitivity or which are so harsh or so prolonged or unnatural or unusual in their frequency, time or place as to cause or contribute to the unnecessary and unreasonable discomfort of any person. An animal control officer can cite anyone found in violation of this subsection. B. In making the determination of whether a violation of Subsection A has occurred, all relevant evidence shall be considered, including, but not limited to, evidence of the following factors: 1. The nature, volume and frequency of the barking or other noise; 2. The time or times of day when the noise is heard by the complaining parties; 3. The apparent reasons or provocations for the dog or other animal to emit the noise, if any; 4. The location or locations on the property where the dog or other animal is kept; 5. The proximity of the complaining parry to the noise; 6. The manner in which the dog or other animal is kept; and 7. The number of persons complaining about the barking or other noise. Ordinance No. 329 Page 7 Chapter 6.09 ANIMAL NUISANCE PROCEDURES Sections: 6.09.010 Animal nuisance. 6.09.020 Designed nuisance. 6.09.030 Nuisance complaints. 6.09.040 Notice to abate nuisances. 6.09.050 Impoundment pending nuisance hearing. 6.09.060 Nuisance hearing procedures. 6.09.070 Nuisance hearing findings and orders. 6.09.080 Failure to comply with nuisance orders. 6.09.090 Appeal of nuisance hearing findings and orders. 6.09.010 Animal nuisance. Individuals can avail themselves of the following process to resolve complaints involving animals that cause a public nuisance. This process is differentiated from the process provided for in Chapter 6.08 which requires that an Animal Compliance Officer witness a violation of the Moorpark Municipal Code and independently determine whether a citation should be issued. In contrast, the nuisance process set forth in this Chapter allows individuals with complaints regarding nuisance animals to have such complaints heard and findings and orders issued by a designated hearing officer without the independent verification of the Moorpark Animal Compliance Officer. 6.09.020 Designated nuisances. A. Any animal, except an animal kept or controlled by a government agency, that has committed any of the following acts is a public nuisance: 1. An unprovoked infliction of physical injury upon any person conducting them self lawfully; 2. Unprovoked threatening behavior toward any person conducting themselves lawfully that causes the person reasonably to fear for their physical safety; 3. Any animal utterance or noise including but not limited to, barks, cries, whines, howls or other animal sound which is so loud, so frequent and continued over so long a period of time that the animal noise deprives two or more unrelated and non - cohabitating persons residing in the neighborhood of the comfortable enjoyment of their homes; 4. An unprovoked infliction of physical injury upon any other animal that occurs off the property of the owner or keeper of the animal inflicting the injury; 5. The damaging of the real or personal property of some person other than the owner or keeper of the animal that occurs off the property of the owner or keeper of the animal; 6. The dumping of trash receptacles or the spreading of trash that occurs off the property of the owner or keeper of the animal; 7. The chasing of pedestrians, vehicles or ridden horses that occurs off the property of the owner or keeper of the chasing animal. Ordinance No. 329 Page 8 B. Such public nuisance may be abated in accordance with the procedures set forth in this Chapter. Such procedures are in addition to any other remedies that may be available under applicable law. 6.09.030 Nuisance complaints. A. Any person aggrieved by an alleged public nuisance described in section 6.09.030 may file a complaint with the city. The complaint must be in writing, it must be signed by and bear the address of the complainant, it must state the place or places where such alleged nuisance exists, it must describe the animal and the conduct that renders it a nuisance, and it must give the name and address of the animal's owner or keeper if known to the complainant. B. For animal nuisance complaints involving animal noise, a written complaint form, in a format provided by the city, must be received from two or more unrelated and non - cohabitating persons residing in the neighborhood as stated in Subsection 6.09.020 (A) (3). In addition to the information required in A. of this Section, the complaint forms must contain information on the place, times, and duration of each incident of animal nuisance noise. C. After receiving a written nuisance complaint, an animal compliance officer will confirm the completeness of the complaint and attach any supporting documents reports or forms required by this title or by the hearing officer. The complaint and supporting documents will be submitted to the hearing officer. 6.09.040 Notice to abate nuisances. Upon receipt of a complaint alleging a public nuisance, or as soon thereafter as the hearing officer may learn the name and address of the owner or keeper of the animal, the hearing officer must serve notice of a hearing upon the owner or keeper and upon the complainant. The notice must be in writing and may be served either by personal delivery of a copy or by depositing a copy in the United States mail, postage prepaid, addressed to the person to be served. The notice must do the following: A. Include a copy of the complaint; B. State that a hearing will be held to determine whether the animal described in the complaint is a nuisance within the meaning of Section 6.09.020 and, if so, that the nuisance may be abated as provided in this chapter; C. State the place and time of the hearing, at least fifteen (15) calendar days after the date of the notice, and D. Include a copy of this chapter. 6.09.050 Impoundment pending nuisance hearing. A. If it appears to the pound keeper from the complaint or other information available that the animal is being kept or maintained in a manner that poses or represents an imminent threat to the safety of persons or property, the pound keeper may immediately impound and hold the animal until the hearing is held and findings are issued pursuant to this chapter. At the conclusion of the hearing, the pound keeper will follow the following procedures for animals impounded pending a nuisance hearing: 1. If the animal is found to be a nuisance by the hearing officer and the hearing officer has ordered the destruction of the animal, then the pound keeper must hold the animal for an additional seventy-two (72) hours beyond the time the owner is deemed to have received notice of the determination pursuant to Section 6.08.070, and then destroy it in a humane manner as provided in Chapter 6.12 of this chapter or by applicable law. 2. If the animal is found to be a nuisance but the hearing officer does not order the destruction of the animal, then the hearing officer must make an order to abate the nuisance Ordinance No. 329 Page 9 pursuant to this chapter and the owner or keeper of the animal may redeem the animal after complying with the order and paying any impoundment fees. 3. If the findings are that the animal is not a nuisance, the owner or keeper may redeem the animal without payment of the impoundment fees. 6.09.060 Nuisance hearing procedures. A. Hearing. The hearing is public and must be held before the hearing officer at the time and place noticed or at such other time or place as may be mutually agreed to by the hearing officer, the pound keeper, the city, the complainant, and the owner or keeper of the animal. The hearing officer may continue the hearing to such time and place as may be reasonably necessary for the convenience of witnesses or other parties. Failure of the owner or keeper of the animal to appear at the hearing or any continuance of it constitutes a default of the hearing in favor of the complainant. B. Oaths. The hearing officer has the power to administer oaths or affirmations when necessary in conjunction with the hearing. C. Evidence. Oral evidence need not be taken under oath or affirmation unless either the owner or keeper of the animal or the complainant requests that evidence be taken under oath or affirmation. Testimony may be given in an informal narrative style. Complainant, the owner or keeper of the animal, and the hearing officer have the right to call and examine witnesses, to introduce exhibits, to cross - examine witnesses on any matter relevant to the issues even though such matter was not covered on direct examination, and the complainant and owner or keeper have the right to impeach any witness regardless of which party first called the witness to testify. Any relevant evidence must be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of such evidence or objection in a civil action. Hearsay evidence is admissible for any purpose but is not sufficient to support a finding without other evidence unless the hearsay evidence would be admissible over objection in a civil action. D. Subpoena power. Before the hearing and at the request of the complainant or the owner or keeper of the animal, the hearing officer will issue subpoenas, and subpoenas duces tecum for attendance or production of documents at the hearing. Compliance with the provisions of Section 1985 of the Code of Civil Procedure must be a condition precedent to the issuance of a subpoena duces tecum. After the hearing has commenced, the hearing officer may issue such subpoenas and subpoenas duces tecum as hearing officer deems proper. No person duly subpoenaed to appear and testify or to produce any documents before the hearing officer may wrongfully neglect or refuse to appear, or to testify, or to produce such documents. E. Recording. The hearing officer must record the hearing on a recording device. The hearing officer must make a reasonable effort to make such recording available to the complainant and to the owner or keeper of the animal for listening upon request during normal business hours at a location approved by the city manager. The hearing officer must provide a copy of the recording or a transcript prepared of the hearing to any party who requests it and pays the cost of making such copy or preparing such transcript. 6.09.070 Nuisance hearing findings and orders. A. At the conclusion of the hearing, or within a reasonable time after the hearing, the hearing officer must make a written finding that the animal either is or is not a public nuisance as defined in Section 6.09.020 of this chapter. Such finding must be supported by the weight of the evidence presented at the hearing; except: Ordinance No. 329 Page 10 1. If no evidence is presented, then the finding is that the animal is not a public nuisance; 2. If the owner or keeper of the animal has defaulted by failing to appear, then the finding is that the animal is a public nuisance. B. If the finding is that the animal is a public nuisance, the hearing officer determines what actions are reasonably necessary in order to abate the nuisance, up to and including humane destruction of the animal. The hearing officer must make and enter an order that requires the owner or keeper of the animal to take all such actions within such time limits as the order may prescribe. The findings and orders are final when issued and must be served promptly on the owner or keeper of the animal either by personal delivery of a copy or by depositing a copy in the United States mail, postage prepaid, addressed to the owner or keeper. Notice of a finding that an animal is a nuisance and the order to abate the nuisance is deemed to be given as of the date of personal delivery, or, in the event of notice by mail, then as of five (5) calendar days after the notice is deposited in the mail. 6.09.080 Failure to comply with nuisance order. A. It is unlawful for the owner or keeper of the animal to fail to take any action required of him or her by the order of the hearing officer within the applicable time limit specified in the order; provided, however, that humane destruction of the animal within such time limit is deemed to be in compliance with the order regardless of the abatement action specified in the order. Each day or portion thereof that such noncompliance continues after such time limit is a separate offense. B. The pound keeper may seize and summarily destroy any animal being kept or maintained in violation of such order of the hearing officer. 6.09.090 Appeal of nuisance hearing findings and orders. The decision of the hearing officer in any nuisance hearing shall be final. Any action challenging nuisance hearing findings and orders, and any action filed for the interpretation, and /or enforcement of the provisions of this Title shall be filed in the Superior Court of Ventura County, California. Chapter 6.12 IMPOUNDMENT Sections: 6.12.010 Enforcement authority. 6.12.020 Interfering with pound keeper, hearing officer, or animal compliance officer prohibited. 6.12.030 Impoundment requirements and exceptions. 6.12.040 Notice of impoundment. 6.12.050 Disposal of impounded animals. 6.12.060 Diseased or injured animals. 6.12.070 Livestock running at large. 6.12.080 Disposal of impounded livestock. 6.12.090 Fees for redeeming livestock. 6.12.100 Nonliability of city and county. 6.12.110 Temporary animal pound. Ordinance No. 329 Page 11 6.12.010 Enforcement authority. It is the duty of the pound keeper and any duly authorized animal compliance officer to enforce the provisions of this title and any resolution of the city council consistent with this title. 6.12.020 Interfering with pound keeper, hearing officer, or animal compliance officer prohibited. No person may take an impounded animal from an animal pound as defined in Chapter 6.04 of this title, or willfully resist, delay, or obstruct the pound keeper, hearing officer or animal compliance officer in the discharge of, or attempts to discharge, any duty of their office. 6.12.030 Impoundment requirements and exceptions. A. Any animal found under conditions or in areas prohibited by Sections 6.08.030 or 6.08.040 of this title must be seized by an animal compliance officer and impounded to the animal pound, except as follows: 1. If any animal is lawfully at large upon private property. However, the animal will be impounded if the owner, occupant or person in charge of the property makes a complaint to the city claiming to be injured by the animal. 2. If an infraction /misdemeanor citation is issued to the person who owns, harbors, or keeps the animal; and, in the opinion of the citing officer, the person or animal is unlikely to violate any provision of this title prior to the citation appearance date. 3. If animal compliance officer deems it to be in the best interests of the city to issue a verbal warning for information and educational purposes. 6.12.040 Notice of impoundment. The animal compliance officer that impounds any animal must immediately attempt to notify the owner of the impounded animal or fowl as required by law. If the owner is known and resides in the city, a notice must be posted at the owner's address. If the owner is unknown, the notice of impounding must be posted at the animal pound where the animal is impounded. A notice of impound must contain a description of the animal, and the time and place of apprehension. 6.12.050 Disposal of impounded animals. A. The pound keeper must feed and care for any animal impounded and in its possession until it is disposed of as provided by applicable law. B. When the pound keeper knows the address of the owner of an impounded animal, the period for redemption begins when written notice of impounding is deposited in the mail, postage prepaid, directed to the owner's address. If the impounded animal bears an animal license tag as required by this title, then notice must be mailed to the address for the license. C. An impounded animal is deemed to be abandoned and the pound keeper must dispose of the abandoned animal according to the provisions of applicable law, if: 1. Any animal impounded as provided in this title is not redeemed, or 2. If the animal owner is unknown to the pound keeper, or 3. If the animal owner fails, or refuses to comply with any of the requirements of redemption, or 4. If the owner has waived the redemption period in writing. D. Any animal sold as a pet by the pound keeper must be licensed, and the buyer must sign a written agreement to feed the animal and provide a good home for it. If an animal is returned to the pound after its sale, the buyer or other person returning the animal does not Ordinance No. 329 Page 12 have the discretion to determine the disposition of the animal. The price of any animal sold as a pet or to any state - chartered humane society must be as set by resolution the city council. 6.12.060 Diseased or injured animals. A. The pound keeper must determine whether an impounded animal is diseased or injured. B. The pound keeper is authorized to procure any necessary emergency medical treatment for an impounded animal and must exercise reasonable diligence in locating and notifying the owner of the location and condition of the animal without undue delay. When reasonable effort fails to locate the owner or when an owner, after having been located, refuses to accept responsibility for further medical treatment of a diseased or injured animal, then the pound keeper may destroy such animal in a humane manner as provided by law. C. If a diseased or injured animal is not destroyed pursuant to this section, then the pound keeper must dispose of such animal as otherwise provided by applicable law. 6.12.070 Livestock running at large. A. It is unlawful for any person owning, harboring, or keeping any livestock to permit the livestock to run at large upon private property without the permission of the person owning or occupying the private property, or upon the streets or public places of the city. B. Whenever it is deemed necessary by the pound keeper, properly equipped individuals may be authorized to capture and transport livestock that are running at large in violation of this title. C. Each animal captured or transported pursuant to this title is impounded at the risk of the owner and the owner or keeper of such animal is liable for all fees set forth in this title. 6.12.080 Disposal of impounded livestock. A. The pound keeper must immediately attempt to notify the owner of impounded livestock (except bovine animals) that the livestock has been impounded, to the extent required by law, and if the name of the owner is known. B. Any impounded bovine animal must be delivered to the state Director of Food and Agriculture pursuant to Food and Agricultural Code Section 17003. C. The owner of any impounded livestock may redeem their livestock at any time before its sale, disposal, or delivery to the state Director of Food and Agriculture upon: 1. Furnishing proof of ownership satisfactory to the -pound keeper; and 2. Paying the fee set forth by resolution of the city council. D. The city, county, and its officers, agents and employees are not liable to any person for the delivery of any animal to any person claiming to be the animal owner, or to be acting on the owner's behalf. The sale of any animal by the pound keeper in conformity with the provisions of this title and state law gives ownership of the animal to the purchaser. 6.12.090 Fees for redeeming livestock. If any impounded livestock is redeemed, the pound keeper must collect all applicable fees before releasing the animal to the person redeeming it. Such fees must be in such amounts as may be prescribed by resolution of the city council. 6.12.100 Nonliability of city. All animals specified in this title that may be impounded are kept at the risk of the owner. The city, its officers, agents or employees are not liable to the owner of any impounded animal for the delivery in good faith to a person claiming to be, but not in fact being, entitled to reclaim Ordinance No. 329 Page 13 the impounded animal. The city, and its officers, agents or employees are not liable for injury or disease to any animal incurred while the animal is being captured, transported or impounded. 6.12.110 Temporary animal pound. The pound keeper is authorized, whenever it is deemed necessary, to temporarily impound animals within an enclosure other than the designated animal pound and that enclosure constitutes a temporary animal pound. Notice that an enclosure is an animal pound must be given by placing a sign with wording to that effect on the gate or other entrance of the enclosure. The placement, size and wording of the sign are subject to the approval of the pound keeper. Chapter 6.16 LICENSING OF DOGS AND CATS Sections: 6.16.010 Licenses required. 6.16.020 Application. 6.16.030 Licensing period. 6.16.040 Fee. 6.16.050 Exemption from fee. 6.16.060 Due date and penalties. 6.16.070 Tag issuance. 6.16.080 Tag exemption. 6.16.090 Tag replacement. 6.16.100 Transferability. 6.16.110 Prohibited conduct. 6.16.010 Licenses required. A. Every person who owns, harbors, or keeps any dog or cat over the age of four (4) months within the city for thirty (30) days or longer must maintain a current license and license tag issued as required by this title for each dog or cat. B. The license tag must be attached to a substantial collar or harness that must be worn at all times by the dog or cat for which the tag was issued, except as provided in Section 6.16.010C or Section 6.16.080 of this chapter. C. Cats with electronic identification in the form of microchip implants or other forms of permanent identification approved and issued by the city or its agent, are not required to wear a collar and tag. All other licensing requirements of this title apply to such cat. D. Any dog found without a current license tag may be seized and impounded by an animal compliance officer or any peace officer, and /or a citation may be issued to the person who owns, harbors or keeps the dog. E. Any cat found without a current license tag or without electronic identification or for which there is no current license may be seized and impounded by an animal compliance officer or any peace officer and /or a citation may be issued to the person who owns, harbors or keeps the cat. 6.16.020 Application. A. The license and license tag or electronic identification required by this chapter may be obtained by the animal owner by displaying an acceptable rabies vaccination certificate, and Ordinance No. 329 Page 14 furnishing the information required by this chapter and the license application, and paying the proper fee to the city or its agent. The animal license application must include the name, sex, breed, age and color of the dog or cat for which the application is made, and the address and, when available, the telephone number and email address of the person owning, harboring, or keeping the dog or cat. The official receiving this information must record it on the receipt to be given for payment of the license fee. B. A rabies vaccination certificate must show that the vaccination has at least one (1) year to run before its expiration date for it to be acceptable. 6.16.030 Licensing period. A. The period of time any license issued pursuant to this chapter is valid must be specified on the license application. B. The license period specified may be whatever period the city or its authorized agent may select for that particular license application; provided, however, that the period is not to be less than one (1) year nor more than two (2) years from the date the license is issued; and provided further, that the period does not extend beyond the expiration date of the applicable rabies vaccination. A license and corresponding license tag ceases to be current when the applicable license period expires. 6.16.040 Fee. A. The fee for the license required by this chapter is as prescribed by resolution of the city council or by applicable law. B. The fee prescribed for a dog or cat that has been spayed or neutered, as verified by a veterinarian's certificate, must be no more than fifty percent (50 %) of the fee for a dog or cat of the same sex that has not been spayed or neutered. 6.16.050 Exemption from fee. A dog license must be issued free of charge in the following instances: A. When the license is for a dog that will be used as a guide dog for a blind person, or as a service animal for a person with a disability as defined by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101, et seq.). An affidavit attesting to the fact that the dog will be used as a guide dog must be given to the official issuing the license. B. When the license is for a dog that has been honorably discharged from the armed services of the United States. Such discharge must be established by showing the official issuing the license the discharge papers issued for such dog. C. When the license is for a police dog or a retired police dog. 6.16.060 Due date and penalties. A. The information and fee required by this chapter are due no later than on the thirtieth (30th) day after the day that: 1. The previous license, if any, expires; 2. The dog or cat is acquired by the person owning, harboring, or keeping it; 3. The dog or cat is brought into the city; or 4. The dog or cat attains the age of four (4) months, whichever occurs last. B. Any person who obtains a license after the due date must pay a late license penalty in addition to the license fee. A late license penalty applies for each calendar year or portion of a calendar year that the animal was kept in the city without a license as required by this title. The late license penalty is equal to twice the amount of the applicable one -year license fee. This Ordinance No. 329 Page 15 penalty is in addition to any other penalty or sanction that may be imposed pursuant to this title for failure to have a license. 6.16.070 Tag issuance. Upon receipt of the required information, accompanied by payment of the proper fee and display of an acceptable rabies vaccination certificate, the dog or cat must be licensed by the city or its authorized agent, whichever is designated to issue licenses, and a written receipt must be issued to the applicant, and a metal license tag must be mailed to the applicant's address, or the electronic identification must be inserted into the cat. Each license tag or electronic identification must be serially numbered and identified with the such identification wording as determined by resolution of the city council, and must be marked with the year in which it is issued. 6.16.080 Tag exemption. The license tag need not be worn by the dog or cat when the dog or cat is: A. Securely confined in a cage or vehicle; or B. Within an enclosure sufficient to securely confine the dog or cat to the premises of an animal hospital, or a licensed dog or cat kennel, or of a state chartered benevolent organization for the care of animals, or of the person owning, harboring or controlling the dog or cat; or C. Participating in, or training for, sporting event, field trial, obedience class, or dog or cat show or when the dog is herding livestock, provided such dog or cat is not running at large. 6.16.090 Tag replacement. If a license tag issued under the provisions of this chapter is lost, a duplicate tag may be obtained from the city or its authorized agent upon paying a fee in the amount prescribed by resolution of the city council, and by either surrendering the receipt obtained for the lost license tag or certifying under penalty of perjury that a tag was obtained and that the receipt cannot be found. 6.16.100 Transferability. In the event that the ownership of a licensed dog or cat changes, the new owner may apply to have the current license transferred to their name. The new owner must surrender the license receipt and pay a transfer fee. The amount of the transfer fee is prescribed by resolution of the city council. 6.16.110 Prohibited conduct. A. It is unlawful for any person to: 1. Interfere with a person authorized by the city to issue an animal license, conduct a door -to -door canvass for animal licensing, or complete a census of animals in the city. 2. Counterfeit a dog or cat license tag. 3. Attach a license tag to any dog or cat other than the one for which the tag was issued. 4. To state as true any material matter that the applicant or person who owns, harbors or keeps the animal knows to be false. Ordinance No. 329 Page 16 Chapter 6.20 RABIES CONTROL Sections: 6.20.010 Vaccination required. 6.20.020 Vaccination procedures. 6.20.030 Isolation of suspected animals. 6.20.040 Reporting rabies. 6.20.050 Reporting of bite cases. 6.20.060 Isolation of biting animals. 6.20.070 Isolation of animals contacting rabid animals. 6.20.080 Violation of isolation requirements. 6.20.090 Redemption of isolated animals. 6.20.100 Isolation fees. 6.20.010 Vaccination required. Every person owning, harboring or keeping a dog or cat must, within thirty (30) days after such dog or cat obtains the age of four (4) months, cause it to be vaccinated by a licensed veterinarian with a vaccine of a type approved by the state Department of Health Services as being suitable for use in declared rabies areas and listed in the current copy of the Compendium of United States Unlicensed Animal Rabies Vaccines. 6.20.020 Vaccination procedures. Any veterinarian who vaccinates a dog or cat for rabies must certify such vaccination by properly completing a rabies certificate in a form approved by the city or its authorized agent. 6.20.030 Isolation of suspected animals. The pound keeper must seize and place in isolation any animal, licensed or not, which, in the opinion of a licensed veterinarian displays symptoms suggestive of rabies. Isolation of any other animal for suspected rabies is at the discretion of the impounding animal compliance officer. 6.20.040 Reporting rabies. A. It is the duty of every licensed veterinarian to report immediately to the county pound keeper: 1. Any animal observed or that is diagnosed by the veterinarian as having rabies; or 2. Any animal that the veterinarian has reason to suspect has rabies. 6.20.050 Reporting of bite cases. A. It is the duty of every physician or other person who treats any person for a bite inflicted by any animal to report immediately to the pound keeper the name and address of each person receiving such treatment and, upon request of the pound keeper, to report to such officer any additional information relating to the bite or treatment as the pound keeper may deem to be helpful in rabies control. 6.20.060 Isolation of biting animals. Ordinance No. 329 Page 17 A. Any person, who is eighteen (18) years of age or older may make a written request to the pound keeper for the isolation of a biting animal either: 1. In facilities provided by a licensed veterinarian; or 2. In a licensed boarding kennel; or 3. Upon the private premises of the person making the request. B. If such request is approved by the pound keeper, the isolated biting animal must be kept strictly confined and isolated in accordance with the pound keeper's orders and a conspicuous notice on a sign and with wording approved by the pound keeper must be posted on the premises that an animal is being confined on the property to be observed for rabies. C. At the end of the isolation period, animals shall not be released from the place of isolation designated by the pound keeper until the fees set forth by resolution of the city council are paid, and in the opinion of any licensed veterinarian or pound keeper, the animal does not have rabies. D. The pound keeper must be notified prior to releasing an animal from isolation. The pound keeper may require any veterinarian to submit a written opinion to the pound keeper that the animal does not have rabies. 6.20.070 Isolation of animals contacting rabid animals. A. Except as otherwise provided in this chapter, any animal that is a member of a species subject to rabies and that has been bitten by or has been in contact with another animal that is rabid or suspected of having rabies must be impounded and isolated in the same manner described in this title for the isolation of animals suspected of having rabies. B. Except as otherwise provided in Section 6.20.100 of this chapter, such isolation must be for a period of at least six (6) months, unless the animal is a dog or cat which has been vaccinated against rabies and the vaccination occurred thirty (30) or more days previously and such vaccination has not yet expired, and such dog or cat is promptly revaccinated. In such cases, the isolation must be for at least thirty (30) days. C. Any person who is eighteen (18) years of age or older may make a written request to the pound keeper for the isolation of such bitten or exposed animal in the same manner that a biting animal is isolated in accordance with this chapter. If the request is approved by the pound keeper, then all of the requirements in this chapter for the isolation of a biting animal apply. 6.20.080 Violation of isolation requirements. A. It is unlawful for any person with approval for the keeping of a biting animal confined and isolated upon their private premises as provided for in Section 6.20.060 or Section 6.20.070 of this chapter, to fail for any reason whatsoever to keep the animal continuously confined and isolated upon their premises, either indoors or inside some enclosure, for the entire applicable isolation period. B. Any animal whether it is licensed or unlicensed, that is subject to isolation under this title and the requirements of the isolation are violated, must then be seized by the -pound keeper without delay and isolated at the animal pound for the duration of the isolation period, subject to the provisions of Section 6.20.100 of this chapter. 6.20.090 Redemption of isolated animals. Any animal isolated at the animal pound as provided in Section 6.20.030, 6.20.060 or 6.20.070 of this chapter and found not to have rabies may be redeemed at the end of the isolation period by the owner by paying to the pound keeper all applicable fees and obtaining any necessary license. Ordinance No. 329 Page 18 6.20.100 Isolation fees. A. The pound keeper shall collect from the owner of any animal isolated pursuant to this chapter the applicable isolation fee prescribed by resolution of the city council. B. In cases where the animal is to be isolated at some place other than the animal pound, the fee applicable to such isolation must be paid in advance before approval by the pound keeper of such isolation as an alternative to isolation in the pound. C. If the person who owns, harbors, or keeps the animal fails to pay all applicable animal isolation or licensing fees, then the animal is deemed to be an abandoned animal to the extent permitted by law. Chapter 6.24 WILD ANIMALS Sections: 6.24.010 Purpose. 6.24.020 Prohibitions. 6.24.030 License required. 6.24.040 License application. 6.24.050 License fee. 6.24.060 License term. 6.24.070 License revocation. 6.24.080 Confinement. 6.24.090 Notice of escape. 6.24.100 Disposition of animals running at large. 6.24.110 Release of wild animals. 6.24.010 Purpose. The purpose of this chapter is to establish requirements for keeping wild or exotic animals when wild animals are approved by the city. A. The requirements of this chapter are in addition to, and do not limit, the requirements of any applicable zoning laws or ordinances. B. A license issued under the provisions of this chapter does not permit the harboring or keeping of wild animals if it violates city zoning laws or ordinances. 6.24.020 Prohibitions. No person may have, keep or maintain any wild animal unless all necessary provisions are made for the confinement and control of the wild animal to ensure the maintenance of public peace, health and safety pursuant to Section 17.28.03 of this code, and as it may be amended. 6.24.030 License required. Every person who owns, harbors, or keeps any wild animal must obtain a current wild animal license issued under the provisions of this chapter. 6.24.040 License application. A. No wild animal license may be issued unless the applicant first receives written confirmation from the city that such license is consistent with all city, state, and federal requirements for keeping wild or exotic animals. Ordinance No. 329 Page 19 B. The wild animal license required by this chapter may be obtained by making written application to the pound keeper, demonstrating to the satisfaction of the pound keeper that the applicant will comply with Section 6.24.020 of this chapter, and the regulations adopted pursuant to Section 6.24.080 of this chapter, and paying the proper fees to the city or its agent. Such application must describe the animal to the satisfaction of the pound keeper and must include the address and, where available, the telephone number of the applicant. 6.24.050 License fee. The fees for the wild animal license required by this chapter are as prescribed by resolution of the city council. 6.24.060 License term. The license period for any wild animal license issued pursuant to this chapter shall be one (1) year, beginning January 1 st and ending December 31 st. A wild animal license fee is not discounted or prorated for a partial term unless the governing resolution of the city council allows for a discounted or prorated fee for a partial year in its approved fee structure. The wild animal license expires and ceases to be current at the end of the year for which it was issued. Renewal of a wild animal license may be made only after an application is completed and the fee required for the issuance of an original wild animal license is paid. 6.24.070 License revocation. A. Any wild animal license issued under the provisions of this chapter may be revoked by the pound keeper or the official designated by the city whenever, in their opinion, any of the following conditions pertain: 1. The animal is not kept or maintained in a sanitary or healthful condition; 2. The animal is not provided with adequate care and supervision; 3. The animal poses a threat to human life or safety; 4. The animal poses a threat to personal property; 5. The animal has in any way become a nuisance; or 6. There is a violation of the regulations adopted pursuant to Section 6.24.080 of this chapter. B. The revocation of a license is effective immediately upon the receipt of actual notice by the applicant, or ten days after written notice addressed to the applicant at the address shown on the application is deposited in the mail. 6.24.080 Confinement. A. The city or its authorized agent may make rules regulating the size and type of cage or other means of confinement, the distance from the place of confinement to adjoining property, and any other regulations deemed reasonably necessary by the animal regulation department or the city to carry out the purpose of this chapter and to ensure the maintenance of humane, sanitary conditions and the safety of persons and property. B. A copy of the rules and regulations must be furnished by the city or its agent upon request. C. In applying the regulations to a given situation, the animal regulation department must take into consideration the type, nature, disposition, and training of the animal involved. 6.24.090 Notice of escape. Any person keeping or maintaining a wild animal that escapes from its confinement must immediately notify the city and the county animal regulation department of the escape. Ordinance No. 329 Page 20 6.24.100 Disposition of animals running at large. A. Wild animals found running loose may be impounded in accordance with the provisions of Section 6.12.100 of this chapter. However, the city, its officers, agents or employees are not liable for injury or disease to any animal incurred while said animal is being captured, transported or impounded. B. Wild animals, when found to be at large and injuring, damaging or threatening to injure or damage any person or property, are deemed to be a public nuisance and may be summarily destroyed without liability resulting to the city, its officers, agents or employees. C. Reclamation by an owner or keeper of any impounded wild animal is permitted when the city and the pound keeper receive payment of all costs incurred in the capture, impounding and care of the wild animal. 6.24.110 Release of wild animals. No person, organization, society, association or corporation may import or release into the city any wild animal, whether indigenous to Ventura County or not, without a permit from the city or its agent. The animal released must be identified by an indelible number tattooed on the animal, and the person, organization, society, association or corporation must be responsible for damage inflicted by the animal. Ordinance No. 329 Page 21 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 329 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 21 st day of December, 2005, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Parvin, and Mayor Hunter NOES: None ABSENT: Councilmember Millhouse ABSTAIN: None WITNESS my hand and the official seal of said City this 23rd day of December, 2005. Deborah S. Traffenstedt, CN40erk (seal)