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HomeMy WebLinkAbout95-06 CC OrdinanceORDINANCE NO. 95-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING SECTION 6.04.010 AND ADDING CHAPTERS 6.02, 6.06 AND 6.08 TO THE TEMECULA MUNICIPAL CODE REGULATING THE KEEPING AND CONTROL OF DOGS, CATS AND OTHER ANIMALS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 1.08.020 of the Temecula Municipal Code is amended to remove Ordinance 534 from the list of County Ordinances adopted by reference. Section 2. Chapter 6.02 is added to the Temecula Municipal Code to read as follows: "Chapter 6.02. Keeping and controlling Dogs and Cats; Control and Suppression of Rabies. 6.02.010. Definitions. Whenever, in this Chapter or in any resolution or standard adopted by City Council pursuant to this Chapter, the following terms are used, they shall have the meaning ascribed to them in this Section, unless it is apparent from the context thereof that some other meaning is intended. A. "Animal Rescuer" means any individual who routinely obtains a dog or cat from the rightful owner of said animal, or any animal from an animal shelter that has been retained in accordance with this Chapter. B. "At I.arge" means any dog which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by a leash of a size and material appropriate to the size and temperament of the dog and which is held by a person capable of restraining such dog, or is not otherwise physically restrained by some other device or instrumentality, except that such device or instrumentality shall not include voice control, eye control or signal control of the dog by any person, device or instrumentality. C. "Cattery" means any building, structure, enclosure or premises whereupon, or within which, ten (10) or more cats, four (4) months of age or older, are kept or maintained. D. "Chief Animal Control Officer" means the Chief Animal Control Office of the City. City may contract with the County of Riverside or any other public or private agency to serve as the Chief Animal Control Officer. Ords\ 95-06 I E. "Class I Kennel" means any building, structure, enclosure or premises whereupon, or within which, five (5) to ten (10) dogs, four months of age or older, are kept or maintained. F. "Class II Kennel" means any building, structure, enclosure or premises whereupon, or within which, eleven (11) or more dogs, four (4) months of age or older, are kept or maintained. G. "Guide Dog" means any dog trained or being reared, trained or used for the purpose of guiding a blind person. H. "Health Officer" means the Health Officer of the County of Riverside or his duly authorized representative. I. "Impounded" means having been received into the custody of any animal control center, animal control officer, animal control vehicle or peace officer duly authorized by the City of Temecula to receive such animal. J. "Person" means any individual, firm, partnership, joint venture, corporation, association, club or organization. K. "Public F, ntity" means any state, or public subdivision, municipal corporation or agency thereof. facility "guard L. "Sentry Dog" means any dog trained to work without supervision in a fenced and to deter and detain unauthorized persons found within the facility. The term dog" shall also mean "sentry dog". M. "Service Dog" means any dog being reared, trained or used for purposes of fulfilling the particular requirements of a physically disabled person including but not limited to minimal protection work, rescue work, pulling a wheelchair or fetching dropped items. N. "Signal Dog" means any dog trained or being reared or trained or used for the purpose of alerting a deaf person or a person whose hearing is impaired, to intruders or sounds. Oo "Unlicensed Dog" means any dog for which no valid license is currently in P. "Unaltered and Unspayed" means a condition that exists in an animal which permits the producing of offspring. A dog or cat that has not been spayed or neutered. Ords\ 95-06 2 Q. "Vaccination" means inoculation against rabies of any dog or cat, four (4) months of age or older, with any canine prescribed for the purpose of the California Department of Health Services. R. "Veterinarian" means a person holding a currently valid license to practice veterinary medicine issued by the State of California pursuant to Chapter 11 of the California Business and Professions Code. S. "Vicious Dog/Vicious Cat" means any dog or cat which has bitten a person or animal without provocation or direction or which has a disposition or propensity to attack or bite any person or animal without provocation or direction. 6.02.020. Mandatory Dog !.icensing and Vaccination. A. Except as provided in Section 6.02.040 A, it shall be unlawful for any person to own, harbor, or keep any dog, four (4) months of age or older, within the City of Temecula, for a period longer than thirty (30) days, unless a currently valid license tag has been issued by Chief Animal Control Officer. B. It shall be unlawful for any person to own, harbor or keep any dog, four (4) months of age or older, within the City of Temecula, for a period longer than thirty (30) days, which has not been vaccinated against rabies. Every person in the City of Temecula who owns, harbors or keeps any dog over four (4) months of age for a period longer than thirty (30) days shall have such dog vaccination shall be renewed in accordance with the applicable laws and regulations of the State of California. C. Each veterinarian after vaccinating any dog shall sign a certificate of vaccination in duplicate in the form required by the Chief Animal Control Officer. The veterinarian shall keep on (1) copy and shall give one (1) copy to the owner of the vaccinated dog and the owner shall retain such copy in his possession. D. The Chief Animal Control Officer shall issue a license only upon presentation of a certificate of vaccination indicating therein that the date of expiration of the vaccination immunity is not earlier than the date of expiration of the license being issued or renewed, upon payment of the applicable license fee specified in Section 6.02.020 F provided, however, that where the vaccinated dog is between the ages of four (4) months and twelve (12) months, the period of vaccination immunity required for licensing shall be as specified in Title 17, California Administrative Code, Section 2606.4. E. Notwithstanding the provisions of Section 6.02.020B and D, in the event a dog has a short-term illness, is pregnant or suffers from a long term debilitating illness which in the opinion of a veterinarian contraindicates vaccination for rabies, such dog shall not be required to undergo vaccination during the period of such illness or pregnancy where a request Ords\ 95-06 3 for vaccination deferral has been approved by the Chief Animal Control Officer. Such request shall specify the duration of the requested deferral, and shall be signed by a veterinarian. The Chief Animal Control Officer shall issue a license for such dog upon approval of the request for vaccination deferral and payment for the applicable license fee specified in Section 6.02.020 F. The owner and person having custody of such dog shall confine and shall keep such dog confined, for the duration of the deferral. Within fourteen (14) days after the expiration of the deferral, the owner or person having custody of such dog shall present the Chief Animal Control Officer a certificate of vaccination in accordance with the provisions of this Section. F. Subject to the provisions of this Section, licenses shall be issued upon payment of the applicable fee as set by City Council Resolution adopted following a public hearing noticed as required by State Law. G. No fee shall be required for a license for any guide dog, signal dog or service dog, if such dog is in the possession and under the control of, in the case of a guide dog, a blind person, or in the case of a signal dog, a deaf or hearing-impaired, or service dogs for the physically disabled. H. No fee shall be required for a license for any dog owned by a public entity. I. Each license specified in this Section shall be valid for the period specified in Section 6.02.020 F shall be renewed within thirty (30) days after such period terminates, except that where the current vaccination for the dog which is the subject of the license shall expire prior to the expiration date of the license being applied for, the Chief Animal Control Officer may upon request of the owner or custodian of such dog backdate such license so that its expiration date occurs concurrently with or prior to the expiration date of the vaccination; provided, however, that where such backdating is performed, there shall be no reduction or discount of the license fee applicable to the license applied for, and such license shall be renewed within thirty (30) days after the date of its expiration. J. Whenever a dog validly licensed under this Chapter shall have died more than three (3) months before the expiration date of the license, the owner of such dog may return the license tag to the Chief Animal Control Officer, accompanied by a statement signed by a veterinarian or a declaration signed under penalty of perjury by the owner, indicating that such dog is dead and specifying the date of death. In such event, the license shall be canceled and a pro-rata credit of the license fee by full calendar quarters of the original license period remaining after the death of the dog may be applied during said remaining period to the license fee for another dog acquired by the same owner. K. Upon transfer of ownership of any dog validly licensed under this Chapter, the new owner shall notify the Chief Animal Control Officer, accompanied by a transfer fee as set by Council Resolution. Ords\ 95-06 4 L. Notwithstanding the provisions of Section 6.02.020 A, where a person moves into the City of Temecula from another community who owns a dog which is currently vaccinated against rabies and for which dog a license was issued by such other community, such license shall be deemed valid for a period of one (1) year from the date such person moves into the City, or the date of expiration of the license issued by the other community, whichever is earlier. If an application for a license from the Chief Animal Control Officer is made more than thirty (30) days after such license is required, the applicant shall pay the applicable late fee. M. Upon request of the Chief Animal Control Officer, any owner of a dog for which a license is required under the provisions of this Chapter shall present to the Chief Animal Control Officer a currently valid certificate of rabies vaccination or license tag. N. It shall be unlawful for any person to make use of a stolen, counterfeit or unauthorized license, tag, certificate or any other document or thing for the purpose of evading the provisions of this Chapter. 6.02.025. Control of Unspayed and Unaltered Cats. It shall be unlawful for any person who owns, harbors, or keeps any unspayed or unaltered cat four (4) months of age or older within the City to allow or permit such unspayed or unaltered cat to be or remain outdoors. 6.02.030. Intentionally Omitted. 6.02.040. Mandatory Licensing of Kennels and Catteries. A. No person shall operate or maintain a kennel or a cattery without first obtaining an appropriate license thereof from the Chief Animal Control Officer. Such license shall be valid for a period of either one (1) or (2) years from the date of issuance, except that the Chief Animal Control Officer may, in his discretion, limit the duration of the license to one (1) year when he deems such limitations to be appropriate. Said license shall be renewed within thirty (30) days after the date of expiration. Where a kennel license has been issued and is in effect, the dogs contained in such kennel shall be exempt from the requirements of individual license tags as provided in Section 6.02.020 A. The kennel license fees and late fees, if an application for a license is made more than thirty (30) days after the date such license is required, shall be set pursuant to City Council Resolution adopted following a public hearing noticed as required by State Law. B. Application for a kennel or cattery license shall be filed with the Chief Animal Control Officer on a form prescribed by him not later than ten (10) days after obtaining written verification from the City of Temecula's Planning Department that the operation of the kennel or cattery is in compliance with the applicable provisions of the City land use and Ords\ 95-06 5 zoning ordinances. Said application form, when completed, shall contain such information as may reasonably be required by the Chief Animal Control Officer for the purposes of enforcement of this Chapter, including but to limited to the current home telephone number of the caretaker of the subject kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent from the subject kennel or cattery. Where a kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel or cattery may be maintained and operated on such premises shall be submitted to the Chief Animal Control Officer at the time the application for the kennel or cattery license is submitted. C. After receipt of a kennel or cattery license application, the Chief Animal Control Officer shall make an inspection of the premises of the kennel or cattery for which a license is requested. No kennel or cattery license shall be issued nor shall any such license be renewed, unless and until the kennel or cattery, in the opinion of the Chief Animal Control Officer, satisfies the applicable laws and regulations of the State of California, the applicable ordinances of the City of Temecula and the applicable conditions set forth in the Standards for Kennels and Catteries. Notwithstanding any other provision of this Chapter, the Chief Animal Control Officer or the City Planning Director may, in their respective discretion, limit the numbers of dogs or cats over the age of four (4) months which are kept or maintained in any kennel or cattery, and such limitation may be imposed at such time as an application for an initial kennel or cattery license is considered or at such time as an application for renewal of a kennel or cattery license is considered. D. Notwithstanding any other provision of this chapter, the Chief Animal Control Officer is hereby authorized to enter upon and inspect the premises of any kennel or cattery located in the City of Temecula for the purpose of determining whether such kennel or cattery is in compliance with the provisions of this Chapter and the Standards for Kennels and Catteries. As a condition of the issuance of a kennel or cattery license, each owner and operator of a kennel or cattery shall agree to allow such entry and inspection and such agreement shall be made a part of the license application. Such inspections shall be made during reasonable hours when the owner or operator of the kennel or cattery is present on the kennel or cattery premises, and with such frequency as the Chief Animal Control Officer shall deem appropriate, and such inspections may, at the discretion of the Chief Animal Control Officer, be made without prior notice to the owner or operator of the subject kennel or cattery. Willful refusal on the part of a kennel or cattery owner or operator to allow such inspection shall be grounds for summary denial of an application for a kennel or cattery license or for summary suspension or revocation of a kennel or cattery license. E. A nonprofit corporation formed pursuant to the provision of the California Corporations Code commencing with Section 10400, for the prevention of cruelty to animals, shall not be required to pay a fee for the licenses required by Section 6.02.040 A provided, however, that all other provisions of Section 6.02.020 B and Section 6.02.040 A shall be applicable to any such nonprofit corporation. Ords\ 95-06 6 F. Notwithstanding the provisions of Section 6.02.040 C, and Section 6.02.050 A, a kennel or cattery which is in operation on the effective date of this Chapter and for which on such date there is in effect a current and otherwise valid license issued prior to April 4, 1987 pursuant to the provision of Riverside County Ordinance No. 455, shall, until April 4, 2007 be required to comply only with those requirements for licensure and operation other than the license fees as are required for this Chapter. G. The City Council shall adopt by Resolution standards for the operation of all kennels and catteries. 6.02.050. Denial, Suspension and Revocation of Kennel or Cattery l.icense. A. The Chief Animal Control Officer may, in his discretion, deny any application or suspend or revoke any license for a kennel or cattery if he finds that a kennel or cattery fails to meet any or all of the Standards for Kennels and Catteries referred to in Section 6.02.040 C, or is in violation of any law of the State of California or any provision of this Chapter. B. When such denial, suspension or revocation occurs, the Chief Animal Control Officer shall prepare a written notice of such denial, suspension or revocation which shall contain a brief statement of the reason or reasons for such denial, suspension or revocation. The Chief Animal Control Officer shall serve such notice upon the applicant or licensee by hand delivery or by registered or certified mail, postage prepaid, return receipt requested. Denial, suspension or revocation shall be effective thirty (30) days after service of such notice. Where an application for a kennel or cattery license is denied or where a kennel or cattery license issued pursuant to this ordinance is suspended or revoked, no application for a new license for such kennel or cattery shall be considered for a period of one (1) year from the effective date of such denial, suspension or revocation; provided, however, that for good cause shown the City Council may direct that there be a lesser period of time before such application will be considered. C. Any person whose application has been denied or whose license has been suspended or revoked, may appeal such denial, suspension or revocation by filing with the City Clerk within fifteen (15) days after notice of such denial, suspension or revocation, a written notice of appeal briefly setting forth the reasons why the appellant alleges such denial, suspension or revocation is improper. Within five (5) days of the receipt by the City Clerk of such notice of appeal, the Clerk shall set a hearing date for the appeal and shall give written notice of the date, time and place of such hearing to the appellant, and such notice shall be sent by registered or certified mail, postage prepaid, return receipt requested. The date of hearing shall be not less than twenty (20) days froin the date of mailing of the notice of the date, time and place of the hearing, and the hearings shall be conducted not later than forty- five (45) days from the date of mailing of the notice of denial, suspension or revocation; provided, however, that at the request of the appellant, the City Clerk may extend the hearing date for a reasonable period beyond the forty-five (45) day limit. The appeal shall be heard by Ords\ 95-06 7 the City Council which may affirm, modify, or reverse the denial, suspension or revocation. In conducting the hearing, the City Council shall not limit by the technical rules relating to evidence and witnesses, as applicable in courts of law. To be admissible, evidence shall be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs. During the pendency of the appeal, there shall be in effect an automatic stay of the denial, suspension or revocation; provided, however, that during said period of pendency the Chief Animal Control Officer may take such action as he deems appropriate under this Chapter or any other provision of law respecting the subject kennel or cattery, including but not limited to the abatement of public nuisances, inspection of the kennel or cattery premises, or the prosection of any violation of this Chapter or any other provision of law not related to the failure of the subject kennel or cattery to be currently and otherwise validly licensed. 6.020.060. Animal Rescuer. A. Any person engaged in the rescue of animals, shall first obtain a rescue permit from Chief Animal Control Officer and shall meet all requirements for a kennel/cattery license. B. The fee for a kennel/cattery permit as a rescue facility shall be as set by City Council Resolution adopted following a public hearing noticed as required by State Law. C. An animal rescuer may keep a maximum of four (4) personal (not for adoption or sale) dogs and nine (9) personal (not for adoption or sale) cats and must include these animals as "personal pets" on the animal rescue permit application. In those cases where the person occupies from .5 to 1 acre, up to 6 dogs may be kept on the premises. D. Personal dogs (not for adoption or sale) shall be individually licensed in accordance with this Chapter. E. A permitted rescuer obtaining animals from a shelter facility pursuant to Section 6.02.100 G shall not be subject to the payment of impound fees and charges specified in Section 6.02.100 A but shall be subject to the spay/neuter deposit specified in Section 6.02.110 A. F. All rescued dogs and rescued cats older than four (4) months must be spayed/neutered prior to releasing to an adopting party. In any event the animal must be altered within 30 days of receipt by the rescuer. G. Accurate and complete records of all animals shall be maintained by the animal rescuer on forms which will be made available to Chief Animal Control Officer for inspection upon request. H. An animal rescuer may recoup, from the adopting party, the cost of any Ords\ 95-06 8 inoculations, the cost incurred by having the animal altered prior to adoption, and any costs related to the treatment of illness or injury. I. Administration of the animal rescue program shall be the responsibility of the Chief Animal Control Officer who shall have the authority to issue and revoke animal rescue permits. 6.02.070. Duties and Powers of Officers. A. It shall be the duty of all peace officers to cooperate with and assist the Chief Animal Control Officer in the enforcement of the provisions of this Chapter, and such peace officers and the Chief Animal Control Officer shall be empowered to: 1. Receive, take up and impound: a. Any dog found running at large in violation of this chapter or of any law of the State of California; any person; and Any dog which, without provocation or direction, is molesting c. Any dog which, without provocation or direction, is molesting or harassing animals, birds, or pets upon the premises of any person. 2. Regularly and adequately feed, water and otherwise care for all dogs and cats impounded under the provisions of this ordinance, or to provide for such feeding, watering and care. 3. Investigate the condition and behavior of any dog or cat which he has reason to believe is vicious or dangerous and if he finds such dog or cat to be vicious or dangerous in its habits, he shall report his findings in writing, either by hand-delivery or by mail, to the owner of such dog or cat if the name and whereabouts of said owners are known, and if unknown, then the dog or cat shall be impounded. 4. Follow the provisions of Chapter 6.04 in humanely destroying or giving emergency care to sick or injured dogs and cats. 6.02.080. Entry Upon Private Property. Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions of this Chapter are hereby empowered to enter upon private property, where any dog or cat is kept or reasonably believed to be kept, for the purpose of ascertaining whether Ords\ 95-06 9 such dog or cat is kept in violation of any provision of this chapter. Notwithstanding any provision in this Chapter relating to entry upon private property for any purpose under this chapter, no such entry may be conducted: (a) without the express or implied consent of the property owner or the person having lawful possession thereof, or (b) unless an inspection warrant has been issued and the entry is conducted in accordance with California Code of Civil Procedure, Sections 1822.50 through 1822.56, inclusive, or (c) except as may otherwise be expressly or implied permitted by law. 6.02.090. Dogs Running At Large. In the interest of public safety, it shall be lawful for any person to take up, in a humane manner, any dog running at large in violation of this Chapter and promptly to deliver such dog to the Chief Animal Control Officer. 6.02.100. Impounded Dogs and Cats. A. An impounded dog or cat may be redeemed upon payment as set pursuant to City Council Resolution adopted following a public hearing noticed as required pursuant to State Law. B. The fee for destruction and disposal of any dog or cat in accordance with any provision of this Chapter, shall be as set pursuant to City Council Resolution adopted following a public hearing noticed as required pursuant to State Law. C. Any dog, four (4) months of age or older, which has been impounded shall not be released from impoundment unless it is licensed in accordance with the provisions of this Chapter. D. Any officer acting under the provisions of this Chapter and impounding a licensed dog pursuant to Section 6.02.070 A, 1, 2 or 3 or a licensed cat, shall give written notice by first class mail, postage prepaid, to the last known address of the owner, of the impounding of such dog or cat. If such dog or cat is not redeemed within ten (10) days from the date of the mailing of such notice, the officer having custody of the dog or cat shall dispose of it in accordance with the provisions of Section 6.02.100 G, or shall destroy such dog or cat. E. Upon impounding an unlicensed dog pursuant to Section 6.02.070 A. or an unlicensed cat, the officer shall give notice to the owner, if the owner and his whereabouts are known, of the impounding of such dog or cat. If such dog or cat has not been redeemed within five (5) days of the giving of such notice, the officer shall dispose of such dog or cat in accordance with the provisions of Section 6.02.100 G, or shall destroy such dog or cat. For the purpose of this notice specified herein shall be given in the manner determined by the officer as expedient under the circumstances. Ords\ 95-06 I 0 F. The officer having custody of any impounded dog or cat may, by humane methods, summarily destroy such dog or cat if: 1. The dog or cat is suffering from any incurable, dangerous or contagious disease, providing a veterinarian shall certify, in writing, that such dog or cat is so suffering; or~ 2. It is an unlicensed vicious dog or cat. G. Any officer having his custody any unredeemed, impounded dog or cat may release such dog or cat to any adult individual upon payment by the individual of the impound fees and charges specified in Section 6.02. 100 A, and the spay/neuter deposit fee specified in Section 6.02.110 A or to a nonprofit corporation formed under the provisions of the California Corporations Code commencing with Section 10400 for the prevention of cruelty to animals or to a nonprofit organization formed under the laws of the State of California for the prevention of cruelty to animals, for such sale or placement as such nonprofit corporation or nonprofit organization may choose. Releases of dogs and cats to such nonprofit corporations or nonprofit organizations pursuant to Section 6.02.110 G shall not be subject to the payment of the impound fees and charges specified in Section 6.02.100 A, but shall be subject to the spay/neuter deposit specified in Section 6.02.110 A. H. It shall be unlawful for any person to remove an impounded animal from an animal control center without permission of the officer in charge thereof. 6.02.110. Spay/Neuter Deposits for Dogs and Cats. No person shall be permitted to adopt or purchase any dog or cat which has not been spayed or neutered, from any public pound, any animal shelter, society or organization, unless and until a deposit has been paid in the amount set by City Council Resolution. 6.02.120. Vicious Dogs and Cats, and Stray and Barking Dogs. A. It shall be unlawful for the owner or person in charge of any vicious dog or vicious cat to fail, neglect, or refuse to keep posted in a conspicuous place at or near the entrance to the premises on or within which such dog or cat is kept, a sign having letters at least two (2) inches in width and two (2) inches in height and reading "Beware of Vicious Dog" or "Beware of Vicious Cat", as may be appropriate. No vicious dog or vicious cat shall be permitted to leave the premises of the owner or person in charge thereof unless such dog or cat is under the immediate control and physical restraint of such owner or person and in the case of a vicious dog, such dog shall be muzzled. B. If is shall be determined by the Chief Animal Control Officer that a dog or cat is a vicious dog or cat but is not afflicted with rabies, the Chief Animal Control Officer shall Ords\ 95-06 I 1 thereupon order the person who owns or has custody of such dog or cat that until further order of the Chief Animal Control Officer, the owner or custodian of such dog or cat shall keep the dog or cat securely fastened by chain, or securely confined within private property, or shall keep the dog or cat in such manner as the Chief Animal Control Officer shall direct to prevent such dog or cat from biting or having the opportunity to bite any person. Failure to comply with any order of the Chief Animal Control Officer made pursuant to this subsection, on the part of the owner or person having custody of the dog or cat which is the subject of such order, shall constitute a violation of this Chapter. C. It shall be unlawful for the owner or person in charge of any dog, whether licensed or unlicensed, to permit such dog to run at large. D. It shall be unlawful for any person to keep or allow to be kept, or suffer or permit any dog to remain upon the premises under the control of such person, when such dog habitually barks, whines or makes loud or unusual noises in such a manner as to disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking or howling or other sound or cry interferes with any person of ordinary sensitivity in the reasonable comfortable enjoyment of life and property. E. It shall be unlawful for any person to set or maintain an operating trap for a cat unless a sign is posted on the property stating that such trap is in use on the property. The sign shall be clearly visible from the road serving the property on which the trap is set or maintained and shall remain posted and visible at all times while the trap is in use. Trapping shall not continue for more than ten (10) days in a thirty (30) day period. This section shall not apply when the trap is being used for rabies control as determined in writing by the Chief Animal Control Officer. 6.02.130. Rabies Suppression, Control and Quarantine. A. If it shall appear to the Chief Animal Control Officer that any animal has rabies, the Chief Animal Control Officer may destroy such animal forthwith, or may hold such animal for further examination or observation for such time as the Chief Animal Control Officer may determine to be appropriate. B. Whenever any animal has been bitten by an animal which has rabies, which exhibits any symptoms of rabies or which is otherwise suspected of having or having been exposed to rabies, the owner or person having custody of such bitten animal shall immediately notify the Chief Animal Control Officer, and shall immediately confine the animal and maintain that confinement until it is established to the satisfaction of the Chief Animal Control Officer that such animal does not have rabies. The Chief Animal Control Officer shall have the power to quarantine any such animal, or impound it at the owner's expense if the owner or person having custody of such animal shall fail, refuse, or is unable, in the opinion of the Chief Animal Control Officer, to adequately confine such animal immediately, or in the event Ords\ 95-06 12 the owner or person having custody of such animal is not readily accessible. C. Whenever it is shown that any animal has bitten any person, the owner or person having custody of such animal shall, upon the order of the Chief Animal Control Officer quarantine such animal and keep it confined at the owner's expense for a minimum period of ten (10) days for dogs and cats and fourteen (14) days for all other animals, and shall allow the Chief Animal Control Officer to make an inspection or examination of such animal at any time during such period of quarantine. Animals quarantined pursuant to this subsection shall not be removed from the premises upon which such animal is quarantined without permission of the Chief Animal Control Officer. The Chief Animal Control Officer is hereby authorized to impound any animal at the owner's expense in the event the owner or person having custody of such animal fails or refuses to so confine such animal. Animals quarantined pursuant to this subsection shall remain under quarantine until notice is given by the Chief Animal Control Officer that such quarantine is terminated. D. The Chief Animal Control Officer may, in his discretion, post or cause to be posted an appropriate sign on any premises where an animal is quarantined pursuant to this Chapter, for the purpose of warning the public of the fact of such quarantine. It shall be unlawful for any person to remove a sign on any premises where an animal is quarantined pursuant to this Chapter, for the purpose of warning the public of the fact of such quarantine. It shall be unlawful for any person to remove a sign posted pursuant to this subsection without the permission of the Chief Animal Control Officer. E. Whenever the Chief Animal Control Officer shall determine that an epidemic of rabies exists or is threatened, the Chief Animal Control Officer shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including but not limited to the declaration of quarantine against any or all animals in any area of the City of Temecula as the Chief Animal Control Officer may determine and define, for a period of not more than one hundred and twenty (120) days. An additional or extended quarantine period may also be declared if such additional or extended quarantine period shall be deemed necessary by the Chief Animal Control Officer/'or the protection and preservation of the public health, peace and safety. Any quarantine declared pursuant to this subsection, other than as restricted herein, shall be upon such conditions as the Chief Animal Control Officer may determine and declare. F. No person shall bring a dog into the City of Temecula from any city located in the County of Riverside in which a reported case of rabies exist or has existed within the past six (6) months, nor shall any person bring a dog into the City of Temecula from any county, city, state or country in which a reported case of rabies exists or has existed within the preceding six months. G. In order to protect the public health from the hazard of rabies which has been found to exist in skunks, a quarantine is hereby imposed to continue until released by the Chief Ords\ 95-06 13 Animal Control Officer, whereby it is prohibited to trap or capture skunks for pets; to trap, capture, or hold skunks in captivity for any reason; to transport skunks from or into the City of Temecula except pursuant to a permit issued by the California Department of Health Services pursuant to Title 17, California Administrative Code, Section 2606.8. 6.02.140. Placement Requirement. A. Any person or business entity or other organization located in or doing business in the City of Temecula, which, 1. advertises or offers in any manner, puppies or dogs for: a. sale, or b. trade, or c. barter, or d. to be given away for free 2. Must display in such advertisements the following information: the license number and name of the licensing agency of each of the mother animals any of whose offspring are so offered (in the case of puppies under four months of age), and/or the kennel and or rescue permit number and name of the permitting agency of the owner of each of the mother animals any of whose offspring are so offered (in the case of puppies under four months of age), and/or the kennel pertnit and/or rescue number and name of the permitting agency of the owner of each of the dogs so offered (in the case of animals four months or more of age). B. This Section shall not apply to public animals shelters or non-profit humane societies which are in compliance with Food and Agricultural Code Sections 30503 and 31751, nor shall it apply to persons who relinquish animals to such shelters or societies. C. A violation of this Section shall be punishable as follows: 1. For a first time violation, the owner shall be subject to a $50.00 fine. a. This fine may be waived and the citation dismissed if within 30 days after receiving the citation the party has had the mother animal spayed and has provided proof of the spaying the County Animal Control. Ords\ 95-06 14 2. For a second violation, the owner shall be subject to a $100.00 fine. a. $50.00 of the fine may be waived if within 30 days after receiving the citation the party has had the mother animal spayed and has provided proof of the spaying to County Animal Control. $50.00 of the fine may be waived if within 30 days after receiving the citation the party has provided proof of spaying to County Animal Control. fine. o For any subsequent violation, the owner shall be subject to a $200.00 a. $50.00 of the fine may be waived if within 30 days after receiving the citation the party has had the mother animal spayed and has provided proof of the spaying to County Animal Control. 4. Violators are subject to citation and are to be furnished with a list of low-cost or no-cost spay and neuter resources. 5. It shall be unlawful for any person to make use of a stolen, counterfeit or unauthorized license, tag, certificate or any other document or thing for the purpose of evading the provisions of this section. 6. Fifty percent of all fees collected pursuant to this Section may be used for the general cost of Chief Animal Control Officer. The remaining fifty percent of all such fees shall be placed in a separate fund to be used exclusively for low-cost spay and neuter services and education related to the benefits of spaying and neutering. 6.02.140. Prohibition of Sales or tile Giving Away of Dogs and Cats on Public Property. No person in the City shall offer for sale or sell or give away or transfer for adoption any cat, kitten, dog or puppy on any public street, public sidewalk or public park. 6.02.150. Enforcement. A. The Chief Animal Control Officer shall supervise the administration and enforcement of this Chapter and of the laws of the State of California pertaining to the control of dogs and shall have charge of animal control center employees and facilities. B. The City Council may enter into a written agreement or agreements with any veterinarian or any organized humane society or association, which will undertake to carry out the provisions of this Chapter and maintain and operate a pound, and which will license, take up, impound and dispose of animals. Any such veterinarian or society or association which shall enter into such an agreement shall carry-out all of the provisions of this Chapter in the Ords\ 95-06 15 manner herein prescribed. C. It shall be unlawful for any person to interfere with, oppose or resist any officer or person empowered to enforce the provisions of this Chapter while such officer or person is engaged in the performance of his duties as provided herein. D. Nothing in this ordinance shall prevent the Chief Animal Control Officer from acting, when he deems it appropriate to do so, under the applicable provisions of California Penal Code, Section 597, et. seq. 6.02.160. Violation. Any person violating any of the provisions of this Chapter shall be guilty of an infraction and upon conviction thereof shall be punished by (1) a fine not exceeding fifty dollars ($50.00) for the first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation within one (1) year; (3) a fine not exceeding two hundred and fifty dollars ($250.00) for each additional violation within (1) year. Each day a violation is committed or permitted to continue shall constitute a separate offense. 6.02.180. Recoupmerit of Enforcement Costs. The intent of this Section is to authorize the recoupmerit of administrative costs reasonably related to the enforcement of this Chapter. In furtherance of this intent the City shall be entitled to recover costs of enforcelnent, including costs of staff time, by complying with the following procedure: A. Records of Costs. The Chief Animal Control Officer or his designee shall maintain records of all administrative costs incurred in the processing of the violation or violations and the enforcement of this Chapter and other applicable Chapters and may recover such costs from the violator and/or property owner or property occupier as provided herein. B. Notice. Upon investigation and determination that a violation of any of the provisions of this Chapter or other related City Ordinances is found to exist, the Chief Animal Control Officer or his designee shall notify the violator and/or record owner of the property or any person having possession or control of the subject property, by mail of the existence of the violation, of his intent to charge the violator and/or property owner and/or person having possession or control of the property for all administrative costs associated with enforcement, and of the respondent's right to a hearing on objections thereto. The notice shall be in substantially the following form: Ords\ 95-06 16 NOTICE The Chief Animal Control Officer of the City of Temecula has/have determined that conditions exist at the property located at which violate Section (s) of the Temecula Municipal Code Section to wit: Notice is hereby given that at the conclusion of this case you will receive a summary of administrative costs associated with the processing of such violations(s). You will have the right to object to these charges by filing a Request for Hearing with the Chief Animal Control Officer within ten (10) days of service of the Summary of Charges. C. Summary of Charges. At the conclusion of the case, Chief Animal Control Officer shall send a Summary of Charges associated with enforcement to the violator and/or owner of the property and/or person having possession or control of the subject property by certified mail. The Summary shall include a notice in substantially the following form: NOTICE If you object to these charges, you must file a Request for Hearing on the enclosed Form within ten (10) days of the date of this notice. IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR RIGHT TO OBJECT WILL BE WAIVED AND YOU WILL BE LIABLE TO THE CITY OF TEMECULA FOR THESE CHARGES, TO BE RECOVERED IN A CIVIL ACTION IN THE NAME OF THE CITY IN ANY COURT OF COMPETENT JURISDICTION WITHIN THE COUNTY. Dated: Chief Animal Control Officer City of Temecula D. Right to Hearing. Any violator or property owner, or other person having possession and control of the property, who receives a Summary of Charges under this section shall have the right to a hearing before the Chief Animal Control Officer or his designee on his objection to the proposed costs in accordance with the procedures set forth herein. Ords\ 95-06 17 E. Request for Hearing. A request for hearing shall be filed with the Chief Animal Control Officer within ten (10) days of the service by mail of the Summary of Charges. Within thirty (30) days of the filing of the request, and on ten (10) days notice to the violator or owner, Chief Animal Control Officer or his designee shall hold a hearing on the violator's and/or owner's objections and shall determine the validity thereof. F. Recovery of Costs. In the event that (a) no Request for Hearing is timely filed or (b) after a hearing in which the Chief Animal Control Officer or his designee affirms the validity of the charges, the violator, the property owner or person in control and possession of the property shall be liable to the City in the amount stated in the Summary of Charges or any lesser amount as determined by the Chief Animal Control Officer or his designee. These Charges shall be recoverable in a civil action in the name of the City, in any court of competent jurisdiction within the County. G. Officer's Decision. In determining the validity of the Charges, the Chief Animal Control Officer or his designee shall consider whether the total charges have been fairly and accurately calculated. Factors to be considered include whether the time and personnel spent in enforcement were reasonably necessary to bring about compliance. H. Appeal. The decisions of the Chief Animal Control Officer or his designee may be appealed by filing a written Notice of Appeal with the Chief Animal Control Officer within five (5) days after the decision. The appeal shall be heard by the City Council which may affirm, amend or reverse the decision and may take any other action deemed appropriate. The Chief Animal Control Officer shall give written notice of the time and place of the hearing. 6.02.190. Public Nuisance. A. The possession or maintenance of any dog or cat or the allowing of any dog or cat to be in violation of this Chapter, in addition to being a violation of this Chapter, is hereby declared to be a public nuisance. The Chief Animal Control Officer and any City peace officer are hereby directed and empowered to summarily abate any such public nuisance independently or any criminal prosecution or the results thereof, by any means reasonably necessary to accomplish said abatement including but not limited to the destruction of the dog or cat involved, or by the imposition of specific reasonable conditions and restrictions for the maintenance of such dog or cat. Failure to comply with such conditions and restrictions is a misdemeanor. The owner of such dog or cat shall reimburse the City of Temecula for all costs incurred in enforcing compliance with the provisions of this Section. The City of Temecula, by and through the Chief Animal Control Officer, may also commence and maintain such proceedings in a court of competent jurisdiction as are appropriate under the laws and regulations of the State of California for the abatement and redress of public nuisances. B. At least ten (10) working days prior to the impoundment or abatement or both pursuant to Section 6.02. 190 A, the owner or custodian of the subject dog or cat shall be Ords\ 95-06 18 notified by the Chief Animal Control Officer, in writing, of the right to a hearing to determine whether grounds exist for such impoundment or abatement or, where applicable, both. Said notice shall be served by hand-delivery or by registered or certified mail, postage prepaid, return receipt requested. If the owner or custodian requests a hearing prior to impoundment or abatement, no impoundment or abatement shall take place until the conclusion of such hearing, except as provided in Section 6.02. 190 C. C. When, in the opinion of the Chief Animal Control Officer, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the subject dog or cat has been impounded under any other provision of this Chapter or any law or regulation of the State of California, the pre-impoundment hearing shall be deemed waived; provided, however, that the owner or custodian of the subject dog or cat shall be given notice by the Chief Animal Control Officer, in writing, which would allow five (5) working days to request an abatement hearing. Service of such notice shall be in accordance with the service methods specified in Section 6.02.190 B. Where requested by such owner or custodian, a hearing shall be held within five (5) days of the request therefor, and the subject dog or cat shall not be disposed of prior to the conclusion of the hearing. If, after five (5) working days from the date of service of the notice specified in this Section 6.02.190 C, no request for a hearing is received from the owner or custodian of the subject dog or cat, such dog or cat shall be disposed of pursuant to applicable provisions of law. D. All hearings pursuant to this Section shall be conducted by the Chief Animal Control Officer personally or by a designated employee who shall not have been directly involved in the subject action. Hearings shall be held not more than ten (10) days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a reasonable period of time if the Chief Animal Control Officer deems such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance. Within (10) days after the conclusion of the hearing, the Chief Animal Control Officer shall render, in writing, his findings, decisions and order thereon and shall give notice of said findings, decision and order to the owner or custodian of the subject dog or cat; service of such notice shall be in accordance with the service methods specified in Section 6.02.190 B. Section 3. Chapter 6.06 of the Temecula Code is revised in its entirety to read as follows: "Chapter 6.06 Failure to care for animals 6.06.020. Duty to Care for Animals. A. Every owner, driver, or keeper of any animal who permits the animal to Ords\ 95-06 19 be in any building, enclosure, lane, street, square, or lot of the City, without proper care and attention is guilty of a misdemeanor. The Chief Animal Control Officer shall take possession of the stray or abandoned animal and shall provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal and others, the Officer shall immediately seize the animal and comply with Section 6.08.070. In all other cases, the Officer shall comply with the provisions of Section 6.08.080. The cost of caring for and treating any anilnal properly seized under this subdivision shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, if the seizure is upheld pursuant to this Chapter. 6.06.030 Treatment of Stray and Injured Animals. Every sick, disabled, injured, or crippled animal, except a dog or cat, which is abandoned in the City, may be killed by the Chief Animal Control Officer if, after reasonable search, no owner of the animal can be found. It shall be the duty of the Chief Animal Control Officer to cause the animal to be killed or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned. The Officer may likewise take charge of any animal, including a dog or cat, that by reason of lameness, sickness, feebleness, or neglect, is unfit for the labor it is pertbrining, or that in any other manner is being cruelly treated, and provide care and treatment for the animal until it is deemed to be in a suitable condition to be returned to the owner. When the Officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of an animal or the health or safety of others, the officer shall immediately seize the animal and comply with Section 6.08.070. In all other cases, the Officer shall comply with Section 6.08.080. The cost of caring for and treating any animal properly seized under this Section shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid. 6.06.040 Care of Injured Animals. A. The Chief Animal Control Officer shall convey all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer to be a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment. B. If the owner does not redeem the animal within the fourteen (14) days, the veterinarian may personally perthtin euthanasia on the animal. If the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the Chief Animal Control Officer has first been contacted and has refused to take possession of the animal. C. Whenever any animal is transferred to a veterinarian in a clinic, such as Ords\ 95-06 20 an emergency clinic, which is not in continuous operation, the veterinarian may, in turn, transfer the animal to an appropriate facility. D. If the veterinarian determines that the animal shall be hospitalized under the proper care and given emergency treatment, the costs of any services which are provided pending the owner's inquiry to the Chief Animal Control Officer or local humane society shall be paid from the dog license fees, fines, and fees for impounding dogs in the City, subject to the provision that this cost be repaid by the anilna!'s owner. The cost of caring for and treating any animal seized under this Section shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. No veterinarian shall be criminally or civilly liable for any decision which he or she makes or for services which he or she provides pursuant to this Section. 6.06.050. Records of Handling of Stray and Injured Animals. When Chief Animal Control Officer takes possession of an animal pursuant to Section 6.08.040, he shall keep records of the whereabouts of the animal for 72-hour period from the time of possession, and those records shall be available for inspection by the public upon request in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to dispose of the animal. 6.06.060. Humane Destruction of Severely Injured Animals. Notwithstanding any other provisions of this Chapter the Chief Animal Control Officer may humanely destroy any stray or abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be move humane to dispose of the animal. 6.06.O7O. Post-seizure Hearings. A. Whenever the Chief Animal Control Officer seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health and safety of the animal or the health or safety of others, the Officer shall, prior to the commencement of any criminal proceedings authorized by this Chapter, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment or both. B. The Chief Animal Control Officer shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following: Ords\ 95-06 21 The name, business address and telephone number of the Chief Animal Control Officer. A description of the animal seized, including any identification upon the animal. o The authority and purpose for the seizure, or impoundment, including the time, place and circumstances under which the animal was seized. A statement that, in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the Chief Animal Control Officer within 10 days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail. A statement that the cost of caring for and treating any animal properly seized under this Chapter is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost. C. The postseizure hearing shall be conducted within 48 hours of the request excluding weekends and holidays. The City Manager shall conduct the hearing. D. Failure of the owner or keeper, or of his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right to challenge his or her liability for cost incurred. E. The City shall be responsible for the costs incurred for caring and treating the animal, if it is determined in the postseizure hearing that the Chief Animal Control Officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of others. If it is determined the seizure and care of the animal, the charges for the seizure was justified, the owner or keeper shall be personally liable to the City and care of the animal shall be a lien on the animal, and the animal shall not be returned to its owner until the charges are paid and the City Manager has determined that the animal is physically fit or the owner demonstrates to the City Manager satisfaction that the owner can and will provide the necessary care. Ords\ 95-06 22 6.06.080. Preseizure Hearings. A. Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings authorized by this Chapter, the Chief Animal Control Officer shall provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal. The owner shall produce the animal at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the Chief Animal Control Officer to view the animal upon request of the Chief Animal Control Officer, or unless the owner can provide verification that the animal was humanely destroyed. Any person who willfully fails to produce the animal or provide the verification is guilty of an infraction, punishable by a fine of not less that two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000). B. The Chief Animal Control Officer shall cause a notice to be aff~xed to a conspicuous place where the animal was situated or personally deliver a notice stating the grounds for believing the animal should be seized under Sections 6.08.020 or 6.08.030. The notice shall include all of the following: The name, business address, and telephone number of the Chief Animal Control Officer. A description of the animal to be seized, including any identification tipon the animal. The authority and purpose for the possible seizure or impoundment. A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep the animal to the officer providing the notice within two days, excluding weekends and holidays, of the date of the notice. A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges. Ords\ 95-06 23 C. The preseizure hearing shall be conducted within 48 hours, excluding weekends and holidays, after receipt of the request. The City Manager shall conduct the hearing. D. Failure of the owner or keeper, or his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of ally right to a preseizure hearing or right to challenge his or her liability for cost incurred pursuant to this section. E. The City Manager, after the hearing, may affirm or deny the owner's or keeper's right to custody of the animal and, if reasonable grounds are established, may order the seizure or impoundment of the animal for care and treatment. 6.06.090. Cost of Impoundment; Destruction of Impounded Animals. A. If any animal is properly seized under this Chapter, the owner or keeper shall be personally liable to tile City for the cost of tile seizure and care of the animal. Furthermore, if the charges for the seizure or impoundment and any other charges permitted under this Chapter are not paid within 14 days of the seizure, or, if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this Chapter and take possession of the animal, the animal shall be deemed to have been abandoned and may be disposed of by the Chief Animal Control Officer. B. A veterinarian may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably crippled. A veterinarian also may immediately humanely destroy an impoundment animal afflicted with a serious contagious disease unless the owner or his or her agent imlnediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent. 6.06.120. Disposition of Seizured Animals. Upon the conviction of a person charged with a violation of this Chapter, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to be forfeited and shall thereupon be transferred to the Chief Animal Control Officer for proper disposition. A person convicted of a violation of this Chapter shall be personally liable to the City for all costs of impoundment froin the time of seizure to the time of proper disposition. This Chapter shall not prohibit tile seizure or impoundment of animals as evidence as provided for under any other provision of law." Section 4. follows: Chapter 6.08 is added to tile Temecula Municipal Code to read as Ords\ 95-06 24 "Chapter 6.08 Prohibition of the Running at Large of Domestic Fowls or Domestic Animals other than Dogs or Cats and providing for Their Impounding. 6.08.010. Definitions. Whenever in this Chapter the words herein defined are used they shall have the respective meanings assigned to them in the following definitions: A. "Animal" means any domestic bovine animal, horse, mule, burro, sheep, goat, swine or other domestic animal except a dog or cat. B. "Fowl" means any chicken, duck, turkey goose or other domestic fowl. C. "Chief Animal Control Officer" means the Chief Animal Control Officer of the City of Temecula or his designated representative. D. "At large" means off the premises of, and not under physical restraint, by, the owner or other person having charge of an animal. 6.08.020. Animals or Fowls at Large Prohibited. No person owning or having charge of any animal or fowl shall permit the same to be at large on any highway, street, sidewalk, lane, alley or other public place, or upon any private property other than that of the person owning or having charge of such animal or fowl unless such owner or person having charge of such anilnal or fowl has the consent of the owner of the private property. 6.08.030. Exemption. This Chapter shall not prohibit leading, driving, riding or conducting animals under adequate supervision along a public highway. 6.08.040. Impounding Animals. Subject to the provisions contained in Section 6.08.150, it shall be the duty of the Chief Animal Control Officer to take up and impound all animals found at large upon any highway, street, sidewalk, lane, alley or other public place, or upon any private property. The Chief Animal Control Officer may contract with any person to keep, feed and care for any such animal at reasonable rates for not more than 20 days. 6.08.050. Disposition of Animals, Rabid or Disabled. If it shall appear to the Chief Animal Control Officer from the report of a Licensed veterinarian or other qualified person that an animal is afflicted with rabies, he shall humanely destroy such animal, and shall take such other action as may be required by law and as he deems necessary to prevent the spread of such disease. He may humanely destroy any Ords\ 95-06 25 sick, disabled, infirm or crippled animal found at large if he is unable to identify and locate the owner. 6.08.060. Disposition of Bovine Animals, Horses, Mules or Burrows. If the Chief Animal Control Officer impounds any bovine animals, horse, mule, or burro, and if such animal is not reclaimed within 5 days thereafter, the Chief Animal Control Officer shall notify the State Director of Agriculture in accordance with the provisions of Agricultural Code Section 17003. If the Director of Agriculture does not, within 5 days after notice, elect to dispose of any horse, mule, or burro, then the Chief Animal Control Officer shall sell such animal in accordance with this Chapter. 6.08.070. Disposition of Other Animals. If any animal other than a domestic bovine animal, horse, mule, or burro, and except an animal afflicted with rabies, impounded by the Chief Animal Control Officer, is not reclaimed within 2 days thereafter, it shall be sold by the Chief Animal Control Officer after giving notice of sale in accordance with 6.08.080. 6.08.080. Notice of Sale. Tile notice of sale shall contain a description of the animal, including any identifying marks or brands; the date and place where the animal was taken up; and the time and place of sale. At least 5 days prior to the sale of any impounded animal, the Chief Animal Control Officer shall cause a copy of the notice to be published in a newspaper circulated in the area where the animal was found, and shall mail a copy of the notice to the owner or person entitled to possession of the animal at his residence or place of business, if known. 6.08.090. Sale of Animals. At tile time and place set forth in the notice of sale, the Chief Animal Control Officer shall sell the impounded animal at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the Chief Animal Control Officer may sell such animal at private sale or humanely destroy such animal, or otherwise dispose of it as permitted by law. 6.08.100. Proceeds of Sale. The proceeds of such sale, after first deducting fees and charges of the Chief Animal Control Officer, including costs of sale, shall be paid by the Chief Animal Control Officer, to the City, which shall then pay over to the owner of such animal sold if claimed within one year thereafter. If not so claimed, the monies shall be transferred into the general fund of the City. 6.08.110. Redemption of Animals by the Owner. The owner or person entitled to possession of any animal impounded, may at any time before the sale or other disposition thereof, redeem the same by paying the Chief Ords\ 95-06 26 Animal Control Officer all fees and charges thereon. 6.08.120. Cost of Redemption. The Chief Animal Control Officer shall charge and collect from each person redeeming any impounded animal an impounding fee of $20.00, plus the actual costs of transporting the anilnal to impound, the actual costs of veterinary and related services rendered to the animal while impounded, the actual cost of sale incurred, and the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal while impounded, and in addition thereto, the maintenance fees as adopted by City Council resolution following a public hearing noticed as required under State Law. 6.08.130. Authorization to Enter upon Private Property. Notwithstanding any provisions contained in this Chapter relating to the entry upon private property for any purposes hereunder, no such entry may be conducted (a without the consent of the property owner or the person having lawful possession thereof, or (b) unless an inspection warrant has been issued and the entry is conducted in accordance with Code of Civil Procedures Section 1822.50 through 1822.56, inclusive, or c) except as may otherwise be prescribed by law. 6.08.140. Inhumane Treatment and Abandonment/hnpoundment. A. No person shall treat an animal in a cruel or inhumane manner or willingly or negligently cause or permit any animal to suffer unnecessary torture or pain. No person shall abandon any animal without care on any public or private property. B. Subject to the provisions contained in Section 6.06.150 herein, any animal which is abandoned, or treated in a cruel or inhumane manner, or willingly or negligently allowed to suffer unnecessary torture or pain in violation of Section 6.06.140 A herein, may be impounded or disposed of in a humane manner. The City Council may adopt by Resolution policies and standards for the disposition of animals seized, impounded and forfeited pursuant to this Chapter. 6.08.150. Impoundment Hearing. At least three (3) working days prior to the impoundment of any animal, notice shall be given in person to, or by mail to the last known address of, the owner or person entitled to possession thereof of his or her right to a hearing as to whether or not such impoundment is justified. If the owner or person entitled to possession thereof requests a heating prior to impoundment, no impoundment shall take place until the conclusion of the hearing except as provided herein. If in the opinion of the Chief Animal Control Officer, immediate impoundment is necessary for the preservation of the public health or safety, the pre-impoundment hearing may be dispensed with; provided, however, in such cases the owner or person entitled to possession thereof shall be given three (3) working days notice as Ords\ 95-06 27 provided herein of his or her right to a hearing. If a hearing is requested, the hearing shall be held within five (5) days of the request, and the animal shall not be sold, destroyed or otherwise disposed of prior to the conclusion of the hearing. Notice of the time, date and place of the hearing shall be given to the owner or person entitled to possession thereof. If at the end of the hearing, the impoundment is found to be unjustified, the animal shall be returned to the owner or person entitled to possession thereof without charge. 6.08.160. Penalties. A. Any individual violating any provision of this Chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense lbr each and every day or portion thereof during which any violation of any of the provisions of this Chapter is coinmitred, continued, or permitted. B. Any individual convicted of a violation of this Chapter shall be (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation perpetrated by the same individual. The third and any additional violations perpetrated by the same individual shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six (6) months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation. PASSED, APPROVED AND ADOPTED this 28th day of March, 1995 ATTEST: C~--~lerk [SEAL] Ords\ 95-06 28 CITY OF TEMECULA) STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 95-06 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of March, 1995, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th day of March 1995, by the following vote, to wit: AYES: 5 COUNCIL MEMBERS: Linderoans, Mufioz, Parks, Roberts, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None reek, C~MC~-nty~lerk Ords\ 95-06 29