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HomeMy WebLinkAboutORD 046 1985 0701ORDINANCE NO. 46 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING ARTICLE 5 OF CHAPTER 4 OF DIVISION 4 OF THE VENTURA COUNTY ORDINANCE CODE, AS ADOPTED BY THE CITY COUNCIL OF THE CITY OF MOORPARK ON SEPTEMBER 21, 1983, PERTAINING TO ANIMAL REGULATION. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4465 of Article 5 of Chapter 5 of Division 4 of the Ventura County Ordinance Code, adopted by the Moorpark City Council on September 21, 1983, is hereby amended to read as follows: "Sec. 4465 - PRIVILEGED ENTRY - For the purpose of discharging the duties imposed by this chapter or other applicable law and to enforce the same, the Poundmaster or any peace officer may enter on private property, except dwellings located thereon, as follows: (a) During daylight; (1) When in pursuit of any animal which he or she has reasonable or probable cause to believe is subject to impoundment pursuant hereto or other applicable law; (2) To impound or place in isolation any animal thereon which he or she has any cause whatso- ever to believe or suspect has rabies or is a biting animal; 1 (3) To inspect or examine animals isolated thereon pursuant hereto or other applicable law; (4) To impound an animal pursuant to Section 4467 -3; (5) To seize an animal pursuant to Section 4467 -10; (b) At night; (1) When in pursuit of any animal which he or she has reasonable or probable cause to believe is subject to impoundment pursuant hereto or other applicable law; (2) To impound or place thereon which he or ever to believe or biting animal; -1- inisolation any animal she has any cause whatso- suspect has rabies or is a (3) To impound an animal pursuant to Section 4467 -3. As a condition of the authority set forth in this Section, except where time does not permit in an emergency, or when in fresh pursuit, before entering upon private property, a reasonable effort shall be made to locate the owner or possessor thereof to request permission to enter upon such property and to expalin the purpose for such entry." SECTION 2. Section 4467 of Article 5 of Chapter 5 of Division 4 of said Ventura County Ordinance Code is hereby amended; and new sections 4467 -1, 4467 -2, 4467 -3, 4467 -4, 4467 -5, 4467 -6, 4467 -7, 4467 -8, 4467 -9 and 4467 -10 are hereby added to said Article 5 of Chapter 4 of Division 4 of said Ventura County Ordinance Code, to read as follows: "Sec. 4467 - ANIMAL NUISANCES - Any animal, kept or contro.ilea any one or more of by any a governmental agency, of the follwoing acts except an animal which has committed is a public nuisance: (a) An unprovoked infliction of physical injury upon any person where such person is conducting himself or herself lawfully. (b) Unprovoked threatening behavior toward any person where such person is conducting himself or herself lawfully which occurs in such circumstances as to cause such person reasonably to fear for his or her physical safety. (c) The utterance of barks or cries which are so loud, so frequent and continued over so long a period of time as to deprive persons residing in the neighbor- hood of the comfortable enjoyment of their homes. (d) An unprovoked infliction of physical injury upon any other animal which occurs off the property of the owner or keeper of the animal inflicting the injury. (e) The damaging of the real or personal property of some person other than the owner or keeper of the animal which occurs off the property of the owner or keeper of the animal. (f) The dumping of trash cans or the spreading of trash which occurs off the property of the owner or keeper of the animal. (g) The chasing of pedestrians, vehicles or ridden horses which occurs off the property of the owner or keeper of the chasing animal. -2- Such public nuisance may be abated in accordance with the procedures set forth in Sections 4467 -1 through 4467 -10. Such procedures are in addition to any other remedies which may be avilable under the law. Sec. 4467 -1 - Complaint - Any person aggrieved by such public nuisance may file a complaint with the Pound - master. Such complaint shall be in writing, shall be signed by and bear the address of the complainant, shall state the place or places where such nuisance exists, shall describe the animal and the conduct which renders it a nuisance, and shall give the name and address of the animal's owner or keeper if known to the complainant. Sec. 4467 -2 - Notice - Upon receipt of a complaint which alleges a public nuisance, or as soon thereafter as the Poundmaster may learn the name and address of the owner or keeper of the animal, the Poundmaster shall serve notice of a hearing upon the owner or keeper and upon the complainant. The notice shall 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 shall 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 4467 and, if so, that the nuisance may be abated as pro- vided in-Sections 4467 through 4467 -10; (c) State the time, which shall be not less than 15 calendar days after the date of the notice, and the place of the hearing; and (d) Include a copy of Sections 4467 through 4467 -10. Sec. 4467 -3 - Impoundment Pending Hearing - If it appears to the Poundmaster from the complaint or other information available to him or her that the animal is being kept or maintained in a manner which poses an imminent threat to the safety of persons or property, the Poundmaster may impound the animal immediately and may hold the animal until findings are issued pursuant to Section 4467 -9, at which time the animal shall be disposed of as provided in Article 2 of this Chapter; -3- provided, however, that if the findings are that the animal is not a nuisance, the owner or keeper may re- deem the animal without payment of the impound fees; and provided, further, that if the order is that the animal be destroyed the Poundmaster shall hold the ani- mal for an additional 72 hours and then shall destroy it in a humane manner. Sec. 4467 -4 - Hearing - The hearing shall be public and shall be held before the Poundmaster at the time and place noticed or at such other time or place as may be mutually agreed to by the Poundmaster, the complainant, and the owner or keeper of the animal. Notwithstanding the foregoing, the Poundmaster may continue the hearing to such time and place as may be reasonably necessary for the convenience of wit- nesses or other parties. Failure of the owner or keeper of the animal to appear at the hearing or any continuance thereof shall constitute a default. Sec. power sa ry 4467 -5 - Oaths - The Poundmaster shall have the to administer oaths or affirmations in conjunction with the hearing. when neces- Sec. 4467 -6 - Evidence - oral evidence need not be taken under oath or affirmation unless either the owner or keeper of the animal or the complainant so requests and it appears that the witness has a motive for being untruthful. Testimony may be given in an informal narrative style. Complainant, the owner or keeper of the animal, and the Poundmaster shall have the right to call and examine witnesses, to introduce exh {bits, to cross - examine witnesses on any matter relevant to the issues even though 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 evi- dence 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 evi- dence or objection in a civil action. Hearsay evi- dence 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 ac- tion. Sec. 4467 -7 - Subpoena Power - Before the hearing has commenced, the Poundmaster shall, at the request of the complainant or the owner or keeper of the animal, issue subpoenas and subpoenas duces tecum for atten- dance or production of documents at the hearing. -4- Compliance with the provisions of Section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena duces tecum. After the hearing has commenced, the Poundmaster may issue such subpoenas and subpoenas duces tecum as he or she deems proper. Any person duly subpoenaed to appear and tes- tify or to produce any books and papers before the Poundmaster who wrongfully neglects or refuses to ap- pear or to testify or to produce such books and papers is guilty of a misdemeanor. Sec. 4467 -8 - Record - The Poundmaster shall record the hearing on a recording device and shall make such recording available to the complainant and to the owner or keeper of the animal upon request. The Poundmaster shall provide a copy of the recording or a transcript prepared therefrom to any partyn who requests it and pays the cost of making such copy or preparing such transcript. Sec. 4467 -9 - Findings and Order - At the conclusion of the hearing, or within a reasonable time thereafter, the Poundmaster shall make a written finding that the animal either is or is not a public nuisance as defined in Section 4467. Such finding shall be supported by the weight of the evidence presented at the hearing; provided that, (a) If no evidence is presented, the finding shall be-that the animal is not a public nuisance, wnless (b) The owner or keeper of the animal has defaulted by failing to appear, in which case the finding shall be that the animal is a public nuisance. If the finding is that the animal is a public nuisance, the Poundmaster shall determine what actions, up to and including humane destruction of the animal, are reasonably necessary in order to abate the nuisance and shall make and enter an order that the owner or keeper of the animal take all such actions within such time limits as the order may prescribe. The findings and order shall be final when issued and shall 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 ignited States mail, postage prepaid, addressed to the owner or keeper. Sec. 4467 -10 - Failure to Comply with Order - Failure of the owner or keeper of the animal to take any action required of him or her by the order of the Poundmaster _ I- _ within the applicable time limit specified in the order is a misdemeanor /infraction; provided, however, that humane destruction of the animal within such time limit shall be deemed compliance with the order regardless of the abatement action specified in the order. Each day or portion thereof that such non- compliance continues after such time limit is a separate offense. The Poundmaster may seize and summarily destroy any animal being kept or maintained in violation of such order of the Poundmaster." SECTION 3. That this ordinance shall take effect thirty (30) days after its passage and adoption. SECTION 4. That 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 adqpted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulated, as defined in Section 6008 of the Government Code, for the City of Moropark, and which is hereby designated for that purpose. Passed and adopted this 1st day of July, 1985. I ATTEST: i City Clerk - a r of- thb C' y of Moorpark. California STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, Calfiornia, do hereby certify that the foregoing Ordinance No. 4— was adopted by the City Council of the City of Moorpark, at a regular meeting thereof, held on the 1st day of Ju v , 1985, and that the same was adopted by the following vote, to wit: AYES: Councilmembers Weak, Ferguson, Woolard, Yancy- Sutton and Mayor Prieto; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 1st day of July , 1985. i i CITY CLERK SUMMARY OF ORDINANCE NO. 46 Pursuant to the provisions of Government Code Section 36933 Subsection (c)(1), the City Clerk has been designated as the appropriate official of the City to prepare a summary for publication of a proposed ordinance to do the following: Amend the provisions of the Animal Regulations Ordinance of the City (a) pertaining to the impoundment and seizing of animals in the City; and (b) outlining requirements concerning animals which are alleged to be a nuisance. This summary is to be published five (5) days prior to the scheduled adoption of the ordinance. A full certified copy of the complete text of the ordinance is available at the City Clerk's Office, and is open to public inspection. DATED: June 24, 1985. City Clerk City of Moorpark 0 SUMMARY OF ORDINANCE NO. 46 Pursuant to the provisions of Government Code Section 36933, Sub- section (c)(1), the City Clerk has been designated as the appropriate official of the City to prepare a summary for publication of an ord- inance to do the following: Amend the provisions of the Animal Regulations Ordinance of the City (a) pertaining to the impoundment and seizing of animals in the City; and (b) outlining requirements concerning animals which are alleged to be a nuisance. Ordinance No. 46 was adopted by the City Council at its meeting of July 1, 1985, by the following roll call vote: AYES: Councilmembers Weak, Ferguson, Woolard, Yancy- Sutton and Mayor Prieto; NOES: None; ABSENT: None. This summary is to be published within fifteen (15) days after the adoption of the ordinance. A full certified copy of the complete text of the adopted Ordinance No. 46 is posted in the office of the City Clerk, along with the names of those City Council members voting for and against the ordinance, and is open to public inspection. DATED: July 5, 1985. City Clerk City of Moorpark Proof of Publication In the matter of: `�- �' STATE OF CAUFORWA, County of Ventura City of Moorpark I am a citizen of the United States and a resrdenl I)( the County aforesaid; I am over the age of eighteen, years. and not a party to or interested w the above enlitied matter. I am the principal clerk of The Moorpark News a newspaper of general circulation published in the city o' Moorpark County of Ventura, and which newspaper tics been adjudged a newspaper of general r,rcoiation t)y the Superior Court o' the County of Ve itrrr.:, 5 atr Ca fornia, under the date of Apni 27. 'Atli Case number SP49612. that the not,re, I wim:h the an nexed is a printed copy (set in type. not smaller than nonpareil), has been published in each rcgUiar ar;d en- tire issue of said newspaper and not n any suppiernent thereof on the following dates, to -wit, all in the year 19 I certify (or declare; under penalty of perjury that the foregoing is true and correct Dated at Moorpark. California, this ;; day of 19 ignature MOORPARK NEWS 7240 Moorpark Ave P.O. Box 775 Moorpark, CA 93021 This space is for the County Clerk's Filing Stamp SUMMARY OF ORDINANCE NO. 46 Subsection. rs tthe C a m :air Sectm 36933 pride offidal of the a r the appro- (,�t}' eumrna:y for pub�ticatim �A the providoae o lions Ordinanoe of the ' slime in the to the -lit and seizing of Y: (b) oudmmg requuements conoaning minals which are siBeged to be a nwsance. Ibis summary is to be pub4shed five (b) days prior to the sc w& ed adoption' of the ordinance. A full certified copy of the colcoplete text of the m%umnm is available at the City Clark's O and is open to pubbc kmwtkft LIMED. June 24, 1%5 /at DORIS D. BANKUS Cky Clerk MoorLeriii: Pub" - Juae 2619615