HomeMy WebLinkAbout2022-13 PC ResolutionP C RE S O L U T I O N N O . 2 0 2 2 -13
A RE S O L U T I O N O F T H E P L A N N IN G C O M M I S S I O N O F
T H E C I T Y O F T E M E C U L A RE C O M M E N D IN G T H A T
T H E C I T Y C O U N C IL A D O P T A N O RD IN A N C E
E N T I T L E D , "A N O RD IN A N C E O F T H E C I T Y C O U N C IL
O F T H E C I T Y O F T E M E C U L A RE P E A L IN G A N D
RE P L A C I N G T I T L E 6 O F T H E T E M E C U L A M U N I C IP A L
C O D E RE G A RD I N G T H E K E E P I N G , M A IN T E N A N C E ,
A N D P O S S E S S I O N O F D O G S , C A T S , F O W L , A N D O T H E R
A N I M A L S A N D P R O V ID IN G F O R T H E C O N T R O L ,
L I C E N S I N G , A N D W E L F A RE T H E RE O F , M O D I F Y IN G
T I T L E 1 7 O F T H E T E M E C U L A M U N I C I P A L C O D E
RE G A RD I N G A N I M A L K E E P IN G A N D M A K IN G A
F I N D I N G T H A T T H I S O RD I N A N C E IS E X E M P T F R O M
T H E C A L I F O RN I A E N V I R O N M E N T A L Q U A L I T Y A C T
(C E Q A ) P U R S U A N T T O C E Q A G U ID E L I N E S S E C T IO N
1 5 0 6 1 (B )(3 ) (L O N G R A N G E P R O J E C T N O . L R2 1 -0 13 0 )"
Section 1. Pro cedura l Findings. The Plann ing C omm ission of the City of Tem ecula
does hereby fi nd, determ ine and decl ar e that:
A. C ity staff identifi ed the need to m ake revisions and cl arifi cations to portions of
T itle 6 (A nim als) and T itle 17 (Z oning) of the Tem ecula M unicipal C ode.
B. T he Plann ing C om m ission, at a regularly scheduled m eeting, considered the
pro posed am endm ents to T itle 17 (Z oning) of the T em ecula M unicipal C ode on M ay 4, 2022, at
a duly noticed public hearing as prescribed by law , at w hich tim e C ity staff and interested
persons had an opport unity to, and did testify either in support or opposition to this m atter.
C . The pro posed am endm ents to Title 17 are consistent w ith the City of Tem ecula
G eneral Plan, and each elem ent thereof.
D . A t the concl usion of the Plann ing C om m ission hearing and after due
considera tion of the testim ony, the Planning C om m ission recomm ended that the C ity C ouncil
adopt the pro posed O rdinance attached hereto as Exh ibit "A ".
E . A ll legal preconditions to the adoption of this R esolution have occurred.
Section 2. Furt her Findings. The Plann ing C om m ission of the C ity of Tem ecula does
hereby find, determ ine and decl are that:
The Plann ing C om m ission, in recom m ending adoption of the pro posed Ordinance, hereby m akes
the fo ll ow in g additional fi ndings as required by Section 17.01.040 ("R elationship to Genera l
Plan") of the T em ecula M unicipal C ode:
1 . T h e p r o p o s e d u s e is a ll o w e d in th e la n d u s e d e s ig n a tio n in w h ic h th e u s e is lo c a te d , a s
s h o w n o n th e lan d u s e m a p , o r is d e s c r ib e d in th e te x t o f th e g e n e r a l p la n .
T h e p r o p o s e d a m e n d m e n ts to Ti tl e 17 o f th e T e m e c u la M u n ic ip a l C o d e re lo c a te th e
a n im a l k e e p in g s ta n d a r d s fr o m T M C S e c tio n 17 .1 0 .0 2 0 (S u p p le m e n ta l D e v e lo p m e n t
S t a n d a r d s ) to T a b le 6 .0 8 .0 10 . In a d d itio n , th e p ro p o s e d a m e n d m e n ts to T itle 17 p ro v id e
th a t c o m m e r c ia l k e nn e ls , c o mm e r c ia l c a tt e r ie s , o r c a t/d o g tra in in g c e n te r a re p ro h ib ite d
u s e s in a ll r e s id e n tia l z o n e s . K e nn e ls a n d c att e r ie s a r e c ur r e n tl y id e n tifi e d a s
c o n d it io n a ll y p e r m itte d in th e H R , RR , a n d V L z o n e s . A d d itio n a ll y , th e p ro p o s e d
a m e n d m e n t p ro v id e th a t p o u ltry is a p ro h ib ite d u s e in th e H R , H , a n d H R -S M z o n e s a n d
p e rm itt e d in a ll o th e r r e s id e n tia l z o n e s . S e c tio n 17 .1 0 .0 2 0 c u rr e n tl y p ro v id e s th a t p o u lt ry
is p e rm itt e d in a ll r e s id e n tia l z o n e s e x c e p t fo r H R a n d H R -S M . F in a ll y , th e p ro p o s e d
a m e n d m e n ts to T itl e 17 p ro v id e th a t a n im a l sh e lte r s a r e c o n d itio n a ll y p e rm itt e d u se s in
th e C C , H T , S C , B P , a n d LI z o n e s a n d p ro h ib ite d in a ll o th e r
c o m m e r c ia l/o ffi c e /in d u s tr ia l d is tr ic ts . C u rr e n tl y a n im a l s h e lt e r s a r e p e rm itt e d u se s in th e
C C , H T , S C , B P , a n d LI z o n e s . T h e a b o v e re fe r e n c e d a m e n d m e n ts a re c o n s is te n t w ith
th e T e m e c u la G e n e ra l P la n . A ll o th e r p ro p o s e d a m e n d m e n ts to T itl e 17 a re m in o r
cl a r ifi c a tio n s a n d d o n o t p ro p o s e a n y la n d u s e c h a n g e s c o n tra ry to th e a d o p te d G e n e ra l
P la n . A m e n d m e n ts to T itle 6 p ro p o s e n e w a n im a l re g u latio n s b u t a re o u tsid e o f th e
P la nn in g C o m m is s io n s p ur v ie w a n d w ill b e r e v ie w e d b y C ity C o u n c il a t a fu tu re d ate .
2 . T h e p ro p o s e d u s e is in c o n fo rm a n c e w ith th e g o a ls , p o lic ie s , p ro g ra m s a n d g u id e lin e s o f
th e e le m e n ts o f th e g e n e ra l p la n .
T h e p ro p o s e d c h a n g e s to a n im a l k e e p in g a re c o n s is te n t w ith G o a l 3 o f th e P u b lic S a fe ty
e le m e n t o f th e T e m e c u la G e n e ra l P la n , w h ic h is to e n s ur e "A s a fe a n d s e c u re c o m m u n ity
fr e e fr o m th e thr e a t o f p e r s o n a l inju ry a n d lo s s o f p ro p e rt y ." T h e c h a n g e s p ro p o s e d w o u ld
p ro v id e fo r a fu ll s u it e o f a n im a l c o n tro l s e r v ic e s b y th e C ity 's c o n tra c te d p ro v id e r,
c u rr e n tly A n im a l F r ie n d s o f th e V a ll e y s , In c . A d d itio n a ll y , th e p ro p o s e d c h a n g e s to
an im a l k e e p in g a r e c o n s is te n t w ith G o a l 4 o f th e P u b li c S a fe ty e le m e n t o f th e T e m e c u la
G e n e ra l p la n , w h ic h is to e n s u r e "A n e ffe c tiv e r e s p o n s e o f e m e r g e n c y s e rv ic e s fo ll o w in g
a d is a s te r ." T h e a m e n d m e n ts p ro p o s e d cl a r ify a n im a l c o n tro l s e r v ic e s re q u ire d sc o p e o f
a s s is ta n c e to o th e r e m e r g e n c y s e r v ic e s . T h e r e m a in in g p ro p o s e d a m e n d m e n ts to th e
T e m e c u la M u n ic ip a l C o d e T itl e 17 a r e m in o r cl a r ifi c a tio n s a n d ty p o g ra p h ic a l e d its a n d
d o n o t r e s u lt in a c o n tr a ry p o lic y d ir e c tio n o r in d ic a te a n in c o n s is te n c y b e tw e e n th e
T e m e c u la M u n ic ip a l C o d e a n d th e a d o p te d G e n e ra l P la n .
3 . T h e p ro p o s e d u s e is to b e e s ta b lis h e d a n d m a in ta in e d in a m a nn e r w h ic h is c o n siste n t
w ith th e g e n e ra l p la n a n d a ll a p p lic a b le p ro v is io n s c o n ta in e d th e r e in .
T h e p ro p o s e d a m e n d m e n ts to T itl e 1 7 o f th e T e m e c u la M u n ic ip a l C o d e d o n o t p ro p o s e
a n y lan d u s e th a t is in c o n s is te n t w ith th e T e m e c u la G e n e ra l P la n . M o r e o v e r , th e a n im a l
k e e p in g s tan d a r d s s e t fo r th in T itle 6 w ill p ro v id e fo r th e c o n tro l, lic e n s in g a n d w e lfa re o f
a n im a ls th a t a r e p e rm itt e d o r c o n d itio n a ll y p e rm itte d p u r s u a n t to th e T itl e 17
a m e n d m e n ts .
S e c tio n 3 . E n v iro nm e n ta l C o m p lia n c e . In a c c o r d a n c e w ith th e C a lifo rn ia
E n v iro nm e n ta l Q u a lity A c t , th e p ro p o s e d O r d in a n c e N o . 2 0 2 2 - is e x e m p t fr o m th e
requirements of the California Environm ental Quality Act ("CEQA") pursuant to Title 14 of the
C alifo rnia Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that
th ere is no po ssib ility that the O rdin an ce w ill have a significant effect on the environm ent. The
pro p osed M unicipal C od e am endm ents are m in or policy ch anges, ch anges required by state law
or rev ision s th at refl ect the City's standard practice and patterns, and clarifications or
typog ra phical corr ection s, w hich do not resu lt in a sign ificant increase in the intensity or density
of an y lan d use above w hat is curr ently all ow ed . T he Planning Commission, therefore,
recom m en ds that th e C ity C ouncil of the City of Temecula adopt a Notice of Exemption for the
pro po sed ordinance.
Section 4. Recommendation. The City of Temecula Planning Commission hereby
recommends the City Council approve Planning Application No. LR2 1-0130, a proposed
Citywide Ordinance amending Title 17 (Zoning) and Title 6 (Animals) as set forth on Exhibit
"A", attached hereto, and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 4th day of May 2022.
~ ~ 7 Gary Watts, Cha irm an
ATTEST:
Luke Watson ~
Secretary
[SEAL]
)
STATE OF CALI FORN IA
COUN TY OF RIVER SIDE ) ss
CIT Y OF TEM ECULA )
I, Luke W atson, Secretary of the Tem ecula Plann ing Com m ission, do hereby certify that
the fo rgoing PC Resolution No. 2022-13 was duly and regularly adopted by the Plann ing
Com m ission of the City of Tem ecula at a regular m eeting thereof held on the 4th day of M ay,
2022, by the fo llow ing vote:
AYES:
NOES:
3
0
ABSTAIN: 0
ABSENT: 2
PLANNING COMMISSIONERS: Hagel, Turley-Trejo, Watts
PLANNING COMMISSIONERS: None
PLANNING COMMISSIONERS: None
PLANNING COMMISSIONERS:
Secretary
1
ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA REPEALING AND REPLACING TITLE 6
OF THE TEMECULA MUNICIPAL CODE REGARDING
THE KEEPING, MAINTENANCE, AND POSSESSION OF
DOGS, CATS, FOWL, AND OTHER ANIMALS AND
PROVIDING FOR THE CONTROL, LICENSING, AND
WELFARE THEREOF, MODIFYING TITLE 17 OF THE
TEMECULA MUNICIPAL CODE REGARDING ANIMAL
KEEPING AND MAKING A FINDING THAT THIS
ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT
TO CEQA GUIDELINES SECTION 15061 (B)(3) (LONG
RANGE PROJECT NO. LR21-0130)
WHEREAS, the City of Temecula (“City”) last comprehensively updated the Temecula
Municipal Code to regulate the keeping, maintenance, or possession of dogs, cats, fowl, or other
animals in 1995; and
WHEREAS, the adoption of this City ordinance regulating the keeping, maintenance, and
possession of dogs, cats, fowl, and other animals within the City shall bring the Temecula
Municipal Code into compliance with State Law; and
WHEREAS, the adoption of the ordinance shall alleviate nuisances related to the keeping
of dogs, cats, fowl, and other animals in the City; and
WHEREAS, the adoption of this ordinance shall provide the City with increased abilities
to regulate and enforce laws; and
WHEREAS, the adoption of this ordinance shall alleviate costs incurred by the City
related to the enforcement of laws, animal sanitation, and animal healthcare services.
NOW, THEREFORE, the City Council of the City of Temecula, California does ordain
as follows:
Section 1. Recitals Incorporated. The above recitals are true and correct and are
incorporated herein.
Section 2. The City Council hereby repeals Title 6 of the Temecula Municipal Code
in its entirety and replaces it with a new Title 6 (Animals) that is fully detailed in Exhibit A and
which is incorporated herein by this reference.
Section 3. Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use
Regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula
2
Municipal Code is hereby amended to read as follows (with additions shown in underlined text
and deletions shown in strikethrough text), with all other provisions of Table 17.06.030 remaining
unchanged.
Table 17.06.030
Residential Districts
Description of Use HR RR VL L-
1
L-
2
LM M H HR-
SM
Nonresidential
Agriculture/open space uses6 P P P P P P P P C
Religious institutions C C C C C C C C C
Public utility facilities C C C C C C C C C
Educational institutions C C C C C C C C C
Libraries C C C8 C C C C C -
Commercial marijuana activity - - - - - - - - -
Marijuana cultivation10 - - - - - - - - -
Medical marijuana dispensaries - - - - - - - - -
Museums and art galleries (not for profit) C C C8 C C C C C -
Commercial Kennels, and Commercial
Catteries, or cat/dog training center612 -C -C -C - - - - - -
Noncommercial Kennel - - - - - - - - -
Noncommercial Cattery - - - - - - - - -
Noncommercial keeping of Large animals
(horses, cattle, and mules)612 sheep and goats -P P P P P - - - -P
Small animals (burros, pigs, ponies and
sheep) - P P P P - P P -
Temporary real estate tract offices P P P P P P P P P
Recreational vehicle storage yard3 - C C8 C C C C C -
Parking for commercial uses - - - - - - P P -
Nonprofit clubs and lodge halls - - - - - - P P -
Convalescent facilities - - - - - - P P -
Golf courses C C C8 C C C C C -
Home occupations P P P P P P P P P
Construction trailers5 6 P P P P P P P P P
Short term rentals - - - - - - - - -
3
Table 17.06.030
Residential Districts
Description of Use HR RR VL L-
1
L-
2
LM M H HR-
SM
Animal Keeping12 - P P P P P P P -
Apiaries or Beekeeping12 - P P P P P P P -
Poultry - P P P P P P - -
Outdoor aviary - P P P P P P P -
Footnote 12: Subject to the supplemental development standards contained in Chapter 6.04
of this code.
Section 4. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial
Districts) of Section 17.08.030 (Use Regulations) of Chapter 17.08 (Commercial/Office/Industrial
Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as
follows (with additions shown in underlined text and deletions shown in strikethrough text), with
all other provisions remaining unchanged.
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
A
Adult businesses—subject to Chapter 17.09 of the
Temecula Municipal Code - C C C - - -
Aerobics/dance/gymnastics/jazzercise/martial arts
studios (greater than 5,000 sq. ft.) - P P P - C -
Aerobics/dance/gymnastics/jazzercise/martial arts
studios (less than 5,000 sq. ft.) C P P P C C -
Airports - - - - - C C
Alcoholism or drug treatment facilities - C C C C - -
Alcoholic beverage manufacturing1 - - - C - P P
Alcoholic beverage manufacturing with live
entertainment1 - - - C - C C
Alcoholic beverage sales See Section 17.10.020, Supplemental
development standards.
Ambulance services - - P P - P P
Animal hospital/shelter - P P P - P P
Animal keeping - - - - - - -
4
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
Animals - large (cattle, horses and mules)9 P P10 P P P10 P P
Animals - small (burros, goats, pigs, ponies and
sheep)9 P P10 P P P10 P P
Animal shelter9 - C C C - C C
Aviary (outdoor)9 P P10 P P P10 P P
Antique restoration - C C C - C P
Antique sales P P P P - - -
Apiaries or beekeeping9 P P10 P P P10 P P
Apparel and accessory shops P P P P - - -
Appliance sales and repairs (household and small
appliances) P P - P - C C
Arcades (pinball and video games)1 - C C C - - -
Art supply stores P P P P - - -
Auction houses - - C P - C C
Auditoriums and conference facilities - C C C C C C
Automobile oil change/lube services with no major
repairs - C P P - - P
Automobile painting and body shop - - - C - - P
Automotive parts - sales P P P P - - P
Automobile rental - C C P - - P
Automobile repair services - C C P - - P
Automobile sales (wholesale or autobroker only)
with no outdoor/storage of vehicles - C C P - C C
Automobile sales with only indoor display/storage
of vehicles - C C P - C C
Automobile sales with only outdoor display/storage
of vehicles1 - - - C - - C
Automobile salvage yards/impound yards - - - - - - C
Automobile service stations with or without an
automated car wash1 - P P P C C P
Automobile service stations selling beer and/or wine
- with or without an automated car wash1 - C1 C1 C1 C1 C1 C1
5
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
K
Kennels1 (Commercial Kennels) and Commercial
Cattery, and Dog/Cat Training Center9 - C - C - C C
N
Nightclubs/dance club/teenclub/comedy club - C C C - - -
Noncommercial cattery - - - - - - -
Noncommercial kennel - - - - - - -
Nurseries (retail) - C C P - - P
Nursing homes/convalescent homes C C C C C - -
P
Paint and wallpaper stores - P P P - - -
Parcel delivery services P P P P P P P
Parking lots and parking structures - C C C C P P
Pawnshop - P P P - - -
Personal service shops P P P P P P -
Pest control services - C - C - P P
Pet grooming/pet shop P P P P - P P
Photographic studio P P P P P P -
Plumbing supply yard (enclosed or unenclosed) - - - C - P P
Postal distribution - - - - - - P
Postal services P P P P P P -
Poultry9 P P10 P P P10 P P
Printing and publishing (newspapers, periodicals,
books, etc.) - C - P C P P
Private heliport1 - - - - C C C
Private heliport or hospital1 - C C C C C C
Private utility facilities (regulated by the Public
Utilities Commission) P P P P P P P
Footnote 9: Subject to the supplemental development standards contained in Chapter 6.04
of this code.
6
Footnote 10: These uses are prohibited within any multifamily residential use within these
zones.
Section 5. Subsection A (Agricultural Uses) of Section 17.10.020 (Supplemental
Development Standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17
(Zoning) of the Temecula Municipal Code is hereby amended in its entirety to read as follows:
“A. Agricultural Uses.
1. Permitted Uses. The following agricultural uses are permitted by right in all
zones, except the hillside residential and open space/conservation.
a. Farms of orchards, trees, field crops, truck gardening, flowering gardening,
and other similar enterprises carried on in the general field of agriculture.
b. Raising, grazing, breeding, boarding or training of Large Animals (cattle,
horses and mules), Small Animals (burros, goats, pigs, ponies, and sheep), except
concentrated lot feeding and commercial poultry and rabbit raising enterprises,
are allowed on properties one-half net acre or larger in size. Standards for the
keeping of animals and animal related land uses is located in Municipal Code
Table 6.08.010 (Animal Keeping Standards) and Title 6.
c. Apiaries or beekeeping, outdoor aviary, and poultry. Standards for the
keeping of animals and animal related land uses is located in Municipal Code
Table 6.08.010 (Animal Keeping Standards) and Title 6.
2. Conditional Use Permit Required. The following agricultural uses are permitted
with a conditional use permit, except in the open space/conservation zone.
a. Wholesale distributor and processor of nursery-plant stock. Retail nursery
where incidental and contiguous to propagation of nursery stock and/or wholesale
distributor. Outdoor storage and display are prohibited except for nursery-plant
stock.
b. Animal keeping. Requirements and standards for Conditional Use Permits
relating to animal keeping is located in Municipal Code Table 6.08.010 (Animal
Keeping Standards) and Title 6.”
Section 6. Section 17.34.010 (Definitions and illustrations of terms.) of Chapter
17.34 (Definitions of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby
amended to add a definition for “Animal Keeping”, “Commercial cattery”, “Commercial
kennel”, “Noncommercial kennel”, and “Noncommercial cattery” to read as follows, with all
other provisions of Section 17.34.010 remaining unchanged:
“Animal Keeping” means uses such as frog farms; worm farms; the keeping and raising of
more than four chinchillas, nutria, hamsters, guinea pigs, cavy, rabbits and similar small animals;
and the keeping and raising of exotic animals, including the keeping of exotic animals as pets.
“Commercial cattery” means any building, structure, enclosure, or premises whereupon, or
within which, five or more cats four months of age or older are kept or maintained, for financial
profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose.
7
“Commercial kennel” means any building, structure, enclosure, or premises whereupon, or
within, five or more dogs four months of age or older are kept or maintained, for financial profit
for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose.
“Noncommercial cattery” means any building, structure, enclosure or premises whereupon,
or within which, five to 10 cats, four months of age or older, are kept or maintained for
noncommercial reasons. Each cat must be altered by six months of age.
“Noncommercial kennel” means any building, structure, enclosure or premises whereupon,
or within which, five to 10 dogs, four months of age or older, are kept or maintained for
noncommercial reasons. Each animal shall be individually licensed at four months and altered
upon reaching six months of age.
Section 7. Conflicting City Ordinances Superseded as to Animal Law Ordinance. If
any section of the City of Temecula Municipal and/or Zoning Codes conflicts with any provision
of this Animal Law Ordinance that section of the City of Temecula Municipal and/or Zoning Codes
are superseded.
Section 8. Effective Date of Ordinance. This Ordinance shall take effect and be in full
force and operation thirty (30) days after its second reading and adoption.
Section 9. California Environmental Quality Act (CEQA) Exemption. Pursuant to
Section 15061, subdivision (b)(3) of Title 14 of the California Code of Regulations, the Ordinance
is exempt from CEQA, because the “activity is covered by the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on the environment. Where
it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA.”
Section 10. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Animal Law Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Animal Law Ordinance. The City Council
hereby declares that it would have adopted this Animal Law Ordinance, and each section,
subsection subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
Section 11. City Clerk Action. The City Clerk is authorized and directed to cause this
Animal Law Ordinance to be published within fifteen (15) days after its passage in a newspaper
of general circulation and circulated within the City in accordance with Government Code
Section 36933, subdivision (a) or, to cause this Ordinance to be published in the manner required
by law using the alternative summary and posting procedure authorized under Government Code
Section 36933, subdivision (c).
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This Ordinance was introduced and read on the _____ day of ____________, 2022 and PASSED
and APPROVED this _____ day of ____________, 2022, by the following vote:
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 2022- was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the day of , 2022, and that thereafter, said
Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof
held on the day of , , by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
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EXHIBIT A
TITLE 6: ANIMALS
Chapters:
6.04 Animals and Animal Control Officers
6.06 Mandatory Spaying, Neutering and Microchipping
6.08 Animal Keeping Standards
6.12 Animals Running at Large
CHAPTER 6.04: ANIMALS AND ANIMAL CONTROL OFFICERS
Sections:
6.04.010 Definitions.
6.04.020 Animal control fees.
6.04.030 Dog licensing.
6.04.040 Vaccination requirements.
6.04.050 License information – Tags.
6.04.060 Kennel and catteries.
6.04.070 Kennel or cattery permit/license – Application and issuance conditions.
6.04.080 Record of dogs and cats sold.
6.04.090 Kennel, cattery and pet shop inspections.
6.04.100 Sale or adoption of cats or dogs.
6.04.110 Sterilization of adopted animals.
6.04.120 Nonprofit corporations.
6.04.130 Duties of Animal Control Officer.
6.04.140 Animal Control Officers – Enforcement duties – Entry upon private property.
6.04.150 Dog and cat impoundment regulations.
6.04.160 Unlawful acts designated.
6.04.170 Transporting animals.
6.04.180 Animals unattended in a motor vehicle.
6.04.190 Use of streets, sidewalks, and public places.
6.04.200 Traps and cages.
6.04.210 Crimes against animals.
6.04.220 Animal sanitation.
6.04.230 Female dogs and cats in heat (estrus).
6.04.240 Isolation of animals – Rabies precaution.
6.04.250 Noisy animals.
6.04.260 Vicious or unsafe dogs.
6.04.270 Exotic animals.
6.04.280 Violation – Penalty.
6.04.290 Constitutionality – Separability.
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SECTION 6.04.010: Definitions.
Whenever in 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. “Adequate shelter” means an area that has adequate space for the size animal being kept,
and that area shall contain a shelter that would humanely house said animal from the
elements.
B. “Animal Control Agency” or “Animal control” shall mean the City or its designee, which
may specifically include the City’s contractor of animal services.
C. “Animal control director” or “Director” means the Executive Director or similar executive
officer of the Animal Control Agency or their designee.
D. “Animal control officer” means any person duly appointed to carry out the provisions of
this chapter by the City or the City’s contracted Animal Control Agency.
E. “Animal Hospital” shall mean a place where animals or pets are given medical or surgical
treatment, and where the boarding of the same animals is limited to short-term periods
incidental to the hospital care.
F. “Animal Shelter” shall mean the facility or facilities operated by the City or its authorized
contract provider of animal services for the purpose of impounding or caring for animals
under the authority of this code or state law.
G. “At large” 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.
H. “City” shall mean the City of Temecula.
I. “Commercial cattery” means any building, structure, enclosure, or premises whereupon, or
within which, five or more cats four months of age or older are kept or maintained, for
financial profit for the purpose of boarding, breeding, training, marketing, hire or any other
similar purpose.
J. “Commercial kennel” means any building, structure, enclosure, or premises whereupon, or
within, five or more dogs four months of age or older are kept or maintained, for financial
profit for the purpose of boarding, breeding, training, marketing, hire or any other similar
purpose.
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K. “Crowing fowl” means a male chicken, peafowl, rooster, guinea fowl or other male
domestic fowl.
L. “Dog or cat owner” means the registered owner, licensed owner, or any person harboring,
pet sitting, caretaking, having custody of, or being in charge of the dog or cat.
M. “Domesticated animal” means any animal that is tractable or tame by nature, generally
accustomed to living among humans, and commonly kept as pets or as livestock.
N. “Electrified fence” means an accepted and approved form of fencing providing an
electrified perimeter within, and attached to a board, chain link, or black wall fence.
Habitual runaways or “at large” offenders can be mandated to install this device per the
Animal Control Agency.
O. “Estrus” sometimes referred to as “in heat” means a regularly recurrent state of sexual
receptivity during which the female of most mammals will accept the male and is capable
of conceiving.
P. “Euthanize” means the act of killing or permitting the death of a terminally ill or hopelessly
injured animal by using a humane, painless method for reasons of mercy.
Q. “Exotic animal” means a non-native animal and/or animal of a non-domesticated order or
family, and any hybrid of an exotic animal that is permitted by federal and state law for
keeping as a pet, unless otherwise restricted by this title. Permitted exotic animals include
those species commercially available at retail pet stores in the state such as: non-venomous
snakes, non-poisonous small reptiles, non-poisonous amphibians, tortoises, ferrets, exotic
birds, hedgehogs, and non-poisonous insects. Any venomous or otherwise dangerous
reptile, arachnid, mammal or carnivorous wild animal is hereby excluded from this
definition.
R. “Fowl” means and includes any chicken, duck, turkey, goose, peafowl, guinea fowl, or
other domestic fowl of any sex.
S. “Impounded” means an animal having been received into the custody of the Animal
Control Officer authorized under the provisions of this chapter.
T. “License inspections” means door-to-door canvassing by an Animal Control Officer for
the purpose of determining whether dogs or cats have been vaccinated and are properly
licensed.
U. “Noisy animal” means any animal or animals maintained on the same premises or location
whose excessive, unrelenting, or habitual barking, howling, crying, or other noise or sounds
annoy or become offensive to a resident or residents in the vicinity thereby disturbing the
peace of the neighborhood or causing excessive discomfort to any reasonable person of
normal sensitivity residing in the area.
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V. “Noncommercial cattery” means any building, structure, enclosure or premises whereupon,
or within which, five to 10 cats, four months of age or older, are kept or maintained for
noncommercial reasons. Each cat must be altered by six months of age.
W. “Noncommercial kennel” means any building, structure, enclosure or premises whereupon,
or within which, five to 10 dogs, four months of age or older, are kept or maintained for
noncommercial reasons. Each animal shall be individually licensed at four months and
altered upon reaching six months of age.
X. “Owner” means any person who intentionally provides care or sustenance for any animal,
including but not limited to a dog or cat, for any period greater than thirty (30) days.
Y. “Person” means any individual, firm, partnership, joint venture, corporation, association,
club or organization.
Z. “Pet shop” means any person, establishment, store or department of any store that acquires
live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell or rent such
live animals to the public or to retail outlets.
AA. “Potentially dangerous or vicious confinement” means any confinement of dog or
other animal deemed potentially dangerous or vicious by the Animal Control Agency and
which may be required to be contained in a chain link kennel of 11- or nine-gauge wire,
with the dimensions: minimum 12 feet by six feet high, to be entirely enclosed with an
attached chain link top, to include an end protective area from the weather no less than four
feet on top and four feet on either side, to be constructed with plywood or fiberglass on the
outside of the kennel. Chain link is to be set in concrete flooring around the base of the
kennel, and the kennel must be reinforced with a top and lower retaining rail; top is for
support and the bottom is to serve as a safety guard against dog pulling chain link out of
concrete.
BB. “Potentially dangerous or vicious animal” means any animal which has bitten a person or
animal without provocation, or which has a disposition or propensity to attack or bite any
person or animal.
CC. “Public places” means and shall include, without limitation, streets, highways, fronts of
places of business, carnivals, flea markets, swap meets and sidewalks.
DD. “Sentry dog” means any dog trained to work without supervision in a fenced facility and
to deter or detain unauthorized persons found within the facility.
EE. “Service animal” means any dog, and in some cases described below, a miniature horse,
being reared, trained, or used for the purpose of performing tasks for the benefit of an
individual with a disability, including a physical, sensory, psychiatric, intellectual, or other
mental disability. Other species of animals, whether wild or domestic, trained, or untrained,
are not service animals for the purposes of this definition. The work or tasks performed by
a service animal must be directly related to the individual’s disability. Examples of work
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or tasks include, but are not limited to, assisting individuals who are blind or have low
vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing
to the presence of people or sounds, providing non-violent protection or rescue work,
pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the
presence of allergens, retrieving items such as medicine or the telephone, providing
physical support and assistance with balance and stability to individuals with mobility
disabilities, and helping persons with psychiatric and neurological disabilities by
preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects
of an animal’s presence and the provision of emotional support, well-being, comfort, or
companionship do not constitute work or tasks for the purposes of this definition.
Miniature horses may be considered “service dogs” if the miniature horse has been
individually trained to do work or perform tasks for the benefit of the individual with a
disability and meets the requirements of section 35.136 of Title 28 of the Code of Federal
Regulations.
FF. “Unlicensed dog” means any dog four months of age or older, for which no valid license
is currently in force within the incorporated area.
GG. “Vaccination” means an inoculation against rabies of any dog or cat four months of age or
older of any vaccine prescribed for that purpose by the California Department of Health
Services.
HH. “Wild animal” means any animal which is not commonly a domesticated animal or
normally kept as a household pet, listed as protected by federal or state law, or which may
be perceived as wild or predatory in nature, or any animal which, because of its size, growth
propensity, vicious nature or other characteristics, would constitute an unreasonable danger
to human life, or property if not kept, maintained, or confined in safe and secure manner.
SECTION 6.04.020: Animal control fees.
Fees, penalties, and charges related to animal control shall be established by resolution of
the City Council, which may be amended from time to time.
SECTION 6.04.030: Dog licensing.
A. It is unlawful for any person to own, harbor or keep any dog four months of age or older
within the City for a period longer than thirty (30) days, unless there is attached to such
dog a valid license tag obtained from the Animal Control Agency.
B. A license will be issued for each dog upon, proof of vaccination provided, and payment of
a license fee established pursuant to Municipal Code Section 6.04.020. Said license shall
be valid for a period of one (1), two (2), or three (3) years. The license issued shall be
linked to the animal’s vaccine expiration and shall be renewed within thirty (30) days after
such period terminates. In no case shall a license be issued for any period of time for which
no documented vaccine is provided.
C. If an application for a license is made more than thirty (30) days after the date such license
is required, the applicant shall pay a penalty established pursuant to Municipal Code
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Section 6.04.020. If a valid license tag is lost or destroyed, a duplicate thereof may be
procured from the Animal Control Agency upon submission of proof of loss and payment
of the fee established pursuant to Municipal Code Section 6.04.020.
D. Any dog owned by a person moving into Temecula that has a current dog license issued
by a city or county within the State of California will be honored for a maximum of one
(1) year or until the dog’s rabies vaccination has expired, whichever occurs first. A
Temecula dog license shall be applied for prior to expiration of the non-Temecula dog
license or rabies vaccine expiration, whichever occurs first.
E. No fee shall be required for a license for any service animal.
SECTION 6.04.040: Vaccination requirements.
A. The Animal Control Agency (or their designee) shall be provided the following prior to
issuance of a dog license:
i. A completed dog license application.
ii. The fee for the dog license as set by City Council Resolution, which may be
amended from time to time.
iii. A certificate of vaccination signed by a California licensed veterinarian that
includes:
1. Name of dog
2. Breed, age, weight of dog and physical description.
3. Date of rabies vaccination administered, manufacturer, and expiration.
4. Name and address of dog owner(s).
5. Address where dog is to be kept, if different than above.
B. Each veterinarian after vaccinating any dog shall sign a certificate of vaccination in
triplicate in the form required by the Director. The veterinarian shall keep one copy, shall
give one copy to the owner of the vaccinated dog, and shall send one copy to the Animal
Control Agency. The owner shall retain his or her copy of the certificate in a safe place for
so long as he or she shall continue to own the dog or until such time as the dog is vaccinated
again, at which time the new certificate shall be retained as above indicated.
SECTION 6.04.050: License information – Tags.
A. Every license issued shall clearly state:
i. The name and residential address of the person who is being issued the license;
ii. The amount paid for the license;
iii. The date when the license was issued;
iv. The date when the license will expire;
v. A description of the dog to include name, age, breed, sex, and color(s); and
vi. The unique number of the durable tag accompanying such license.
B. Every commercial kennel or commercial cattery license in addition to the above, shall state
the maximum number of each species of animal that may be kept in such kennel or cattery.
SECTION 6.04.060: Commercial Kennels and Commercial Catteries.
A. Prior to issuance of an annual license from the Animal Control Agency per Municipal Code
Section 6.04.070, all commercial kennels or commercial catteries are required to obtain a
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Conditional Use Permit in accordance with Municipal Code Section 6.08.010 (Animal
Keeping Standards), an annual business license from the City, and any other license or
permit as may be required by the City or another governing body to operate a kennel or
cattery.
i. Commercial kennels and commercial catteries shall be considered as one and the
same for the purposes of permitting.
B. It is unlawful for any person to own or operate a commercial kennel, commercial cattery,
or a pet shop without obtaining a permit from the Animal Control Agency or their designee.
Said license shall be valid for a period of one year following issuance and shall be renewed
within thirty (30) days after such period terminates.
C. If an application for a license is made more than thirty (30) days after the date such
license/permit is required as stated on the license, the applicant shall pay a penalty
established pursuant to Municipal Code Section 6.04.020.
SECTION 6.04.070: Commercial Kennel, Commercial Cattery, and Pet Shop permit/license
– Application and issuance conditions.
A. Acknowledgment of Standards. A copy of the applicable standards will be supplied to the
applicant with each request for an application for a permit, and the applicant shall
acknowledge receipt of such standards and agree to comply with them and to allow
inspections at reasonable times by signing the application form.
B. Application for a commercial kennel, commercial cattery or pet shop permit/license shall
be filed with the Animal Control Agency no later than ten (10) days after obtaining all
required permits and licenses from the City, approved City permits shall be presented to
the Animal Control Agency. After receipt of the application, the Animal Control Agency
or their designee shall make, or cause to be made, an examination of the commercial
kennel, commercial cattery, or pet shop, and the permit/license shall be issued if the
commercial kennel, commercial cattery or pet shop in the opinion of the Animal Control
Agency or their designee satisfactorily meets each of the following conditions:
i. The commercial kennel, commercial cattery or pet shop is constructed, equipped
and maintained so as to continuously provide a healthful and sanitary
environment for all animals, including dogs and cats kept, or to be kept therein;
ii. There is adequate shelter from the elements and sufficient space for exercise;
iii. There is ample and healthful food and potable water, and adequate sanitary
facilities for the storage of such food and water;
iv. There are provisions made for the removal and disposal of animal and food
wastes, bedding, and debris. Disposal facilities shall be so provided and operated
to minimize vermin infestation, odors, and disease hazards in compliance with
local laws;
v. There are adequate drainage facilities;
vi. There is adequate and effective means of the control of insects and rodents, and
such control is vigorously and continually maintained;
vii. The person applying for the permit/license has not been convicted of a crime of
cruelty to animals in this or any state;
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viii. Sick animals are separated from those appearing healthy and normal and, if for
sale, removed from display and sale. No person knowingly sells a sick or injured
animal or bird. Sick animals are kept in isolation quarters with adequate
ventilation to keep from contaminating well animals;
ix. An employee or owner physically visits the premises to feed, water, and perform
necessary cleaning of animals and birds on days the store or shop is closed;
x. Living quarters for human habitation shall not be considered adequate for a
commercial kennel or commercial cattery or a pet shop; and
xi. Adequate records are maintained for all animals.
C. The Animal Control Agency or its designee shall have the authority to enter upon the
premises in which a commercial kennel, commercial cattery or pet shop is located for the
purpose of determining whether such commercial kennel, commercial cattery, or pet shop
satisfactorily meets the conditions set forth in this chapter.
D. The Animal Control Agency may deny an application for a permit/license required by this
chapter, whether original or renewal, or suspend or revoke such a permit/license if it finds
that any commercial kennel, commercial cattery or pet shop fails to meet any of the
conditions set forth in this chapter, or the premises within which dogs or cats are kept or
maintained as provided in this chapter fail to meet any of the conditions set forth herein.
The Animal Control Agency shall prepare a notice of denial of an application, or
suspension or revocation of a permit/license, setting forth the reasons for such a denial,
suspension or revocation. Such notice shall be served personally on the applicant or
licensee. Such notice of denial, suspension or revocation may be appealed by filing with
the City, within fifteen (15) days after notice of such denial, suspension or revocation, a
written notice of appeal briefly setting forth the reasons why such denial, suspension or
revocation is not proper and by paying the fee for appeal established pursuant to Municipal
Code Section 6.04.020. Failure to file an appeal within fifteen (15) days as set forth above,
waives the right of appeal. The City Clerk shall give notice to the appellant by regular mail
of the time and place of the hearing. Such appeal shall be heard by the City Manager within
thirty days of a timely written notice of appeal being submitted to the City Clerk. In
conducting the hearing, the City Manager shall not be limited by the technical rules of
evidence. Within fifteen (15) days of the conclusion of the hearing, the City Manager shall
issue a written decision either affirming, amending or reversing the decision of the Animal
Control Agency.
SECTION 6.04.080: Records of dogs and cats sold.
All commercial kennels, commercial catteries, and pet shop operators shall maintain
records of all dogs and cats sold of any age. Records shall include the new owner’s name, address
and the description of the dog or cat sold including breed, color, sex, month and year of birth, and
veterinarian records. Copies of these records shall be provided to the Animal Control Agency or
their designee monthly within ten (10) calendar days after the last day of each month.
SECTION 6.04.090: Commercial kennel, commercial cattery, and pet shop inspections.
Because of the need to adequately protect animals within commercial kennels, commercial
catteries and pet shops from unhealthy conditions and practices, reasonable inspection
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requirements dictate that the Animal Control Agency or their designee shall have the right to
inspect commercial kennels, commercial catteries and pet shops at reasonable times and upon
reasonable notice, as a condition of the issuance of a commercial kennel, commercial cattery or
pet shop permit/license.
SECTION 6.04.100: Sale or adoption of cats or dogs.
A. Any person who provides or offers to the public, whether or not for compensation, a cat or
dog for adoption shall provide to their clients, free of charge, information relating to pet
care and ownership, including information on City laws pertaining to animal control. This
required information will be prepared and provided by the Animal Control Agency.
B. Any person offering pets for sale or adoption shall disclose to any purchaser or adoptive
owner information regarding the licensing requirements of the City applicable to such
animal.
C. Prior to release for adoption, any animal adopted from any animal welfare agency shall be
spayed or neutered as early as is medically appropriate, unless the adoptive owner obtains
a certificate from a licensed veterinarian certifying as to the health reasons for failing to
alter such animal.
SECTION 6.04.110: Sterilization of adopted animals.
A. Any person who provides or offers to the public, whether or not for compensation, services
for the sterilization of a dog or cat shall provide to their clients, free of charge, information
relating to pet care and ownership, including information on City laws pertaining to animal
control. This required information will be prepared and provided by the City or the City’s
contractor for animal control services.
B. If a veterinarian licensed to practice veterinary medicine in this State certifies that the dog
or cat is too sick or injured to be spayed or neutered, or that it would otherwise be
detrimental to the health of the dog or cat to be spayed or neutered, the adopter or purchaser
shall pay the Animal Control Agency a deposit in an amount set by Resolution of the City
Council, which may be amended from time to time. The deposit shall be temporary and
shall only be retained until the dog or cat is healthy enough to be spayed or neutered, as
certified by a veterinarian licensed to practice veterinary medicine in this State. The dog or
cat shall be spayed or neutered within fourteen (14) business days of that certification. The
adopter or purchaser shall obtain written proof of spaying or neutering from the
veterinarian performing the operation. If the adopter or purchaser presents proof of spaying
or neutering to the Animal Control Agency within thirty (30) business days of obtaining
the proof, the adopter or purchaser shall receive a full refund of the deposit.
SECTION 6.04.120: Nonprofit Corporations.
A nonprofit corporation formed pursuant to the provisions of the California Corporation
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 this chapter. Except for fees, all other provisions of this
chapter shall be applicable to any such nonprofit corporation.
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SECTION 6.04.130: Duties of Animal Control Officer.
It shall be the duty of the Animal Control Officer:
A. To receive, take up and impound:
i. Any dog or cat found running at large in violation of this chapter or of any law of
the State of California.
ii. Any dog or cat which is molesting any person.
iii. Any cat or dog which is molesting or harassing animals, birds, or pets upon the
premises of any person.
iv. Any dog or cat which is found running at large while in heat (estrus).
B. To regularly and adequately feed, water, and otherwise care for all animals impounded
under the provisions of this chapter, or to provide for such feeding and watering.
C. To investigate the condition and behavior of any dog which he or she has reason to believe
is vicious or dangerous, and if he or she finds such dog to be vicious in its habits, he or she
shall report their findings in person, in writing, on the phone, online, or by mail to the
owner of such dog if the name and whereabouts of said owner are known, and if unknown,
then the dog shall be impounded.
D. To follow provisions of Penal Code Section 597.1 (or any subsequent legislation) in
humanely euthanizing or giving emergency care to sick or injured dogs or cats.
E. To do and perform any other acts necessary to carry out the provisions of this chapter and
of the laws of the State.
F. Make such reports to the Animal Control Agency and City Council as they may require,
relative to his or her duties as Animal Control Officer and the performance of his or her
duties in accordance with this chapter.
SECTION 6.04.140: Animal Control Officers – Enforcement – Entry upon private property.
It shall be the duty of all peace officers to cooperate with and assist the Animal Control
Officer in the enforcement of the provisions of this chapter. 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 believed to be kept for the purpose of
ascertaining whether any dog or cat is harbored in violation of any of the provisions of this chapter,
subject to constitutional and statutory search and seizure laws.
SECTION 6.04.150: Dog and cat impoundment regulations.
A. No impounded animal shall be redeemed except on payment of all appropriate fees
established pursuant to Municipal Code Section 6.04.020. No dog which is to be kept or
harbored within the corporate limits of the City of Temecula shall be released from the
shelter unless or until it is duly licensed in accordance with the provisions of this chapter.
No unredeemed dog or cat shall be sold if or while the same is suffering from any infectious
or communicable disease.
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B. Any officer acting under the provisions of this chapter and impounding a licensed dog shall
give notice in person or by regular mail 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 giving of such notice, the officer having custody of the dog shall
dispose of it in accordance with the provisions of Tile 6 or shall have the dog or cat
euthanized.
C. Upon impounding an unlicensed dog or cat, the officer shall give notice in person or by
regular mail to the owner, if known, of the impounding of such dog or cat. If such dog or
cat is not redeemed within five (5) days after such notice has been given, the officer shall
dispose of such dog or cat in accordance with the provisions of Title 6 or shall have the
dog or cat euthanized.
D. The officer having custody of any impounded dog or may, by humane methods, summarily
euthanize said dog if:
i. The dog or is suffering from any incurable, dangerous or contagious disease,
providing a licensed veterinarian shall certify, in writing, that such dog or cat is
so suffering; or
ii. It is an unlicensed vicious dog.
E. The Animal Control Officer may not sell, give away or otherwise transfer title of any dog,
cat or any other animal to any person, or institution for use in the diagnosis or treatment of
human or animal disease or in research for the advancement of veterinary, dental, medical,
or biological sciences or in the testing or diagnosis, improvement or standardization of
laboratory specimens, biologic products, pharmaceuticals, or drugs.
SECTION 6.04.160: Unlawful acts designated.
It is unlawful:
A. For the owner of any dog to fail, neglect or refuse to obtain a license for each dog as
required by this chapter.
B. For an owner of any dog to fail or neglect to keep fastened to such dog the tag as provided
in this chapter. The tag shall be attached at all times to a collar, harness or other suitable
device upon the dog for which the license tag was issued.
C. For any person to interfere with, oppose or resist the Animal Control Officer or other person
charged with the enforcement of this chapter, while the Animal Control Officer or such
other person or persons are engaged in the performance of their duties under this chapter.
D. For any person to attach any current license tag on any dog other than the dog for which
such tag was originally issued.
E. For any person other than the owner to remove from any dog any tag which has been
attached to such dog pursuant to the provisions of this chapter or for any person to
counterfeit or imitate any such tag or attach a counterfeit or imitation tag to any dog or to
possess any such counterfeit tag.
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F. For the owner or person in charge thereof of any vicious dog to fail, neglect, or refuse to
keep posted in a conspicuous place at or near the entrance and around the premises on
which said dog is kept, a sign having letters at least two inches in width and reading
“BEWARE OF VICIOUS DOG.” No vicious dog shall be permitted to leave the premises
of the owner or person in charge thereof unless such dog is securely muzzled, leashed, and
under the control of a person eighteen (18) years of age or older and who is physically
capable of restraining said animal.
G. For any person to remove an impounded animal from an Animal Control Center without
the consent of the officer in charge thereof.
H. For the owner or person in charge of any dog, whether licensed or unlicensed, to permit
such dog to roam, stray or run at large in, or into any location within the City of Temecula.
I. For any person, after being informed in writing that such person’s animal has been declared
a noisy animal in accordance with the provisions of Municipal Code Section 6.04.245 and
that the maintenance of a noisy animal is a public nuisance, to fail, refuse or neglect to take
whatever steps or use whatever means are necessary to assure that such animal does not
again disturb residents in the vicinity in which the animal is kept.
J. For any person to abandon any animal without care on any public or private property. Any
animal abandoned may be impounded and disposed of in a humane manner. At least
seventy-two (72) hours prior to the impoundment of an animal believed to be abandoned,
a notice shall be posted on the property on which said animal is being kept. Notice shall be
given in person or by regular mail to the last known address of the owner or person entitled
to possession thereof (if known), that the animal will be impounded if contact is not made
with the Animal Control Agency within seventy-two (72) hours. When it is found that a
house is vacant or condemned, the animal may be removed immediately and held for five
(5) days. If, in the opinion of the Animal Control Officer, immediate impoundment is
necessary for the preservation of the public health or safety, or the health and welfare of
the animal, said animal shall be impounded and held for five (5) days, pending contact of
the owner or person having control of said animal.
K. For the owner or person in charge thereof of any sentry dog to fail, neglect or refuse to
keep posted in a conspicuous place at or near the entrance to the premises on which said
dog is kept, a sign having letters at least two inches in width and reading “SENTRY DOG
ON DUTY.” No sentry dog shall be permitted to leave the premises of the owner or person
in charge thereof unless such dog is under the immediate control and physical restraint of
such owner or person.
L. For the owner or person in charge thereof of any vicious dog to fail to comply with an order
pursuant to Municipal Code Section 6.04.260.
SECTION 6.04.170: Transporting animals.
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It is unlawful for any person to transport an animal in a motor vehicle upon any street
within the City of Temecula unless the animal is fully enclosed within the vehicle or is protected
by a belt, two-way tether cage, container or any other device that will prevent the animal f rom
falling, jumping, or being thrown from the motor vehicle.
SECTION 6.04.180: Animals unattended in a motor vehicle.
A. It is unlawful for any person to leave or confine an animal in any unattended motor vehicle
under conditions that endanger the health or well-being of an animal due to heat, cold, lack
of ventilation, or lack of food or water, or other circumstances that could reasonably be
expected to cause suffering, disability, or death to the animal.
B. This section does not prevent a person from taking reasonable steps that are necessary to
remove an animal from a motor vehicle if the person holds a reasonable belief that the
animal’s safety is in immediate danger from heat, cold, lack of adequate ventilation, lack
of food or water, or other circumstances that could reasonably be expected to cause
suffering, disability, or death to the animal.
i. A person who removes an animal from a vehicle in accordance with this section
is not criminally liable for actions taken reasonably and in good faith if the person
does all of the following:
1. Determines the vehicle is locked or there is otherwise no reasonable manner
for the animal to be removed from the vehicle.
2. Has a good faith belief that forcible entry into the vehicle is necessary
because the animal is in imminent danger of suffering harm if it is not
immediately removed from the vehicle, and, based upon the circumstances
known to the person at the time, the belief is a reasonable one.
3. Has contacted a local law enforcement agency, fire department, animal
control, or “911” emergency services prior to forcibly entering the vehicle.
4. Remains with the animal in a safe location, out of the elements but
reasonably close to the vehicle, until a peace officer, firefighter, animal
control officer, or another emergency responder arrives.
5. Uses no more force to enter the vehicle to remove the animal than is
necessary under the circumstances.
6. Immediately turns the animal over to a representative from law
enforcement, animal control, or another emergency responder who arrives
at the scene.
C. This section does not prevent a peace officer, firefighter, animal control officer, or other
emergency responder from removing an animal from a motor vehicle if the animal’s safety
appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of
food or water, or other circumstances that could reasonably be expected to cause suffering,
disability, or death to the animal.
i. A peace officer, firefighter, animal control officer, or other emergency responder
who removes an animal from a motor vehicle, or who takes possession of an
animal that has been removed from a motor vehicle, shall take it to the nearest
animal control agency, or other place of safe keeping or, if the officer deems
necessary to a veterinary clinic or hospital for treatment. The owner of the animal
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removed from the vehicle may be required to pay for charges that have accrued
for the maintenance, care, medical treatment, or impoundment of the animal.
ii. A peace officer, firefighter, animal control officer, or other emergency responder
is authorized to take all steps that are reasonably necessary for the removal of an
animal from a motor vehicle, including but not limited to, breaking into the motor
vehicle, after a reasonable effort to locate the owner or other person responsible.
iii. A peace officer, firefighter, animal control officer, or other emergency responder
who removes an animal from a motor vehicle or who receives an animal rescued
from a vehicle from another person shall, in a secure and conspicuous location on
or within the motor vehicle, leave written notice bearing the officers name and
address of location where said animal can be claimed. The animal may be claimed
by the owner only after payment of all charges that have accrued for the
maintenance, care, medical treatment, or impoundment of the animal and
requirements of Municipal Code Section 6.04.150.
D. There shall not be any civil liability on the part of, and no cause of action shall accrue
against, a person for property damage or trespass to a motor vehicle if the damage was
caused while the person was rescuing an animal in accordance with subsection (B) of
Municipal Code Section 6.04.180 Animals unattended in a motor vehicle.
i. The immunity from civil liability for property damage to a motor vehicle that is
established by subsection (D)does not affect a person’s civil liability or immunity
from civil liability for rendering aid to an animal.
E. The City, it’s elected officials, employees, volunteers, contractors, or other persons
performing work for the City shall not bear any liability, civil or criminal, for damages to
property when an animal is removed from a vehicle in accordance with Municipal Code
Section 6.04.180 of this code.
F. This section shall not be applicable to animals which are in a peace officer’s vehicle or an
animal control vehicle while such officers are engaged in their regularly assigned duties.
G. Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs,
sheep, poultry, or other agricultural animals in motor vehicles designed to transport such
animals for agricultural purposes.
SECTION 6.04.190: Use of streets, sidewalks, and public places.
It shall be unlawful for any person to display, sell, offer for sale, barter, or give away, upon
any street, sidewalk, or other public place within the City of Temecula as pets or novelties any
fish, turtle, snake, lizard, chameleon, bird, cat, dog, fowl, guinea pig, rabbit, or other reptile or
animal.
SECTION 6.04.200: Traps and cages.
Humane traps that have been approved by the Animal Control Officer are permitted within
the City of Temecula to be used to confine animals running at large on the private property of
persons.
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A. A sign, clearly visible from the road servicing the property, shall be posted on the property
stating that such a trap is in use.
B. Trapping shall not continue for more than ten (10) days in a thirty (30) day period, unless
monitored by an Animal Control Officer.
C. All animals trapped shall be taken to the local shelter or picked up by an Animal Control
Officer.
D. If the situation is such that this may cause problems to the person trapping, the Animal
Control Officer may give permission for trapping without a sign posted as long as the
trapped animals are turned over to an Animal Control Officer.
SECTION 6.04.210: Crimes against animals.
A. Felony or Misdemeanor. Every person who maliciously and intentionally maims,
mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an
animal, is guilty of an offense punishable by imprisonment in the State prison, or by a fine
of not more than $20,000 or by both the fine and imprisonment, or alternatively, by
imprisonment in the County jail for not more than one year, or by a fine of not more than
$20,000 or by both the fine and imprisonment.
B. Every person who tortures, deprives of necessary sustenance, drink, or shelter, cruelly
beats, mutilates or cruelly kills an animal, or causes or procures any animal who has been
tortured, deprived of necessary sustenance, drink, or shelter, and whoever, having the
charge or custody of any animal, either as owner or otherwise, subjects any animal to
needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses
any animal, or fails to provide the animal with proper food, drink, or shelter or protection
from the weather is, for every such offense, guilty of a crime punishable as a misdemeanor
or as a felony or alternatively punishable as a misdemeanor or a felony and by a fine of not
more than $20,000.
i. This subsection (B) applies to any mammal, bird, reptile, amphibian, and fish; if
any person is charged with a violation of this subsection (B) and the animal is a
mammal, bird, reptile, amphibian, or fish that is an endangered, or threatened
species (governed under Fish and Game Sections 2050 through 2098), the
proceedings shall be subject to Section 12000 et seq. of the Fish and Game Code.
ii. Upon the conviction of a person charged with a violation of this section by
causing or permitting an act of cruelty, all animals lawfully seized and impounded
with respect to the violation by a peace officer, officer of a humane society, or
the City, shall be adjudged by the court to be forfeited and shall thereupon be
awarded to the impounding officer for proper disposition. A person convicted of
a violation of this section by causing or permitting an act of cruelty shall be liable
to the impounding agency for all cost of impoundment from the time of seizure
to the time of proper disposition.
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SECTION 6.04.220: Animal sanitation.
A. Any area occupied by any animal is to be maintained in a sanitary manner. Water is to be
kept fresh, adequate food provided regularly and feces disposed of on no less than a
biweekly basis. Any extreme conditions would be considered a cruelty and would be cited
pursuant to Municipal Code Section 6.04.210.
B. It shall be unlawful for the owner or person having custody of any dog either willfully or
through failure to exercise due care or control to allow said dog to defecate and to allow
the feces thereafter to remain on any public or private property not owned or possessed by
the owner or the person who has custody, control, or possession of the dog.
SECTION 6.04.230: Female dogs and cats in heat (estrus).
Dog and cat owners shall securely confine their female dogs and cats while in heat (estrus)
within an enclosure in a manner that will prevent the attraction of male dogs or male cats to the
immediate vicinity. Any person found in violation of this chapter is guilty of a misdemeanor.
SECTION 6.04.240: Isolation of animals – rabies precaution.
A. Whenever it is shown that any animal has bitten any person, the owner or persons having
the custody or possession thereof shall, upon order of the Animal Control Officer,
quarantine it and keep it confined at the owner’s expense for a period of ten (10) days for
cats and dogs, and fourteen (14) days for all other types of animals; and shall allow the
Animal Control Officer or his or her representative to make an inspection or examination
thereof any time during such period. Animals quarantined must not be removed from the
premises without first obtaining written permission of the Animal Control Officer. The
Animal Control Officer shall have the authority to impound any animal at the owner’s
expense if the owner fails or refuses to confine said animal.
B. If it is determined by the Animal Control Officer, after giving the order of quarantine
mentioned in this section, that the dog is a vicious dog, although not afflicted with rabies,
the Animal Control Officer shall thereupon order the person who owns or has the custody
of the dog to take actions to prevent it from biting or having the opportunity of biting any
person. Failure to do so on the part of the owner or person having custody of the dog shall
constitute a violation of this chapter.
C. The Animal Control Officer may, at his or her discretion, post or cause to be posted an
appropriate sign on any premises where a dog has been quarantined pursuant to this
chapter to warn the public of the fact. It is unlawful for any person to remove the sign
posted pursuant to this section without first obtaining written permission of the Animal
Control Officer.
D. If it appears to the Animal Control Officer that a dog or other animal has rabies, he or she
may euthanize such animal forthwith, or hold the animal for further examination for such
time as he or she may consider advisable.
E. Whenever any animal is bitten by another animal having rabies, or shows any symptoms
of rabies, the owner or person having possession of the animal shall immediately notify the
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Animal Control Officer, and confine the animal, and keep it confined until it is established
to the satisfaction of the Animal Control Officer that it does not have rabies. The Animal
Control Officer shall have the power to quarantine any such animal or impound it at th e
owner’s expense if the owner or person having possession thereof fails to confine such
animal immediately, or in case the owner or person having possession thereof is not readily
accessible.
F. Whenever the Animal Control Officer determines that an epidemic of rabies exists or is
threatened, he or she shall have the authority to take such measures as may be reasonably
necessary to prevent the spread of the disease, including the declaration of a quarantine
against any or all animals in any area of the City as the 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 the same shall be
deemed necessary by the Animal Control Officer for the protection and preservation of the
public health, peace, and safety. Any quarantine declared under the provisions of this
section other than as restricted herein shall be upon such conditions as the Animal Control
Officer may determine and declare.
G. The City of Temecula may enter into a written agreement or agreements with any
veterinarian licensed by the State of California, 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 license, take up, impound and dispose of animals. Any such
veterinarian or society or association which enters into an agreement shall carry out all the
provisions of this chapter in the manner herein prescribed.
SECTION 6.04.250: Noisy animals.
A. Declaration of Noisy Animal as Public Nuisance. It is a public nuisance for any person to
cause or permit any animal in his or her care, custody or control, to bark, howl, or cry or
make any noises or other sounds so as to annoy and become offensive to a resident or
residents in the vicinity in which the animal is kept thereby disturbing the peace of the
neighborhood or causing excessive discomfort to any reasonable person of normal
sensitivity residing in the area.
B. Investigation – Issuance of Notice. Upon receipt of a complaint of a noisy animal, the
Sheriff’s Department or Animal Control Officer shall investigate such complaint. Based
upon such investigation, if the Sheriff or the Animal Control Officer determines that such
a nuisance exists or upon receipt of a written complaint signed by the complaining party
under penalty of perjury regarding the existence of a noisy animal, the Sheriff or Animal
Control Officer shall issue a noisy animal warning notice to the party responsible for the
noisy animal. Such notice shall specify that the continued barking, howling, or other noise
or sounds of such animal is in violation of the Temecula Municipal Code and that the
nuisance must be abated to avoid further action by the City. The notice shall also state that
if a further response to the same location is necessary because of the continuation of the
public nuisance, the responsible party will be held liable to the City, or its designee, for the
amount of the noisy animal response charge as well as for such further abatement
proceedings authorized by this chapter. Such notice shall be served upon the responsible
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party or, if such notice cannot be safely made, posted at the premises upon which the animal
is located. A copy of the noisy animal warning notice shall be filed with the Animal Control
Director. The Animal Control Director, or his or her designee, shall make a reasonable
attempt to speak with the responsible party regarding the noisy animal warning notice
within five days of its issuance.
If within five (5) days of the issuance of the noisy animal warning notice the Animal
Control Director determines that the barking, howling, or other sound or cry was provoked
and that such barking, howling, or other sound or cry was not excessive, unrelenting, or
habitual, the Animal Control Director shall cause the noisy animal warning notice to be
voided and the person to whom it was issued shall be so notified. Once voided, the noisy
animal warning notice shall not be considered to have been issued for purposes of this
chapter.
C. Notice of Hearing. When the Animal Control Director receives a second verbal or written
complaint concerning a noisy animal at the same location within six (6) months after the
issuance of a noisy animal warning notice, the Animal Control Director, or his or her
designee, shall determine if the noisy animal warning notice went unheeded. If the
determination is made that the nuisance was not abated, the matter shall be set for hearing
before the Temecula Animal Friends Animal Control Agency (the “Animal Control
Hearing Officer”) and notice of hearing shall be issued by the Animal Control Director, or
his or her designee, to the owner or person having charge, custody, or control of the animal.
The notice of hearing constitutes written notice of violation of the Temecula Municipal
Code and shall include the date, place, and time of the hearing. The notice of hearing shall
advise that the person having charge, custody, or control of the animal may present
evidence at the hearing. The notice of hearing shall be personally served or posted upon
the premises where the animal is kept and sent by certified mail, return receipt requested.
In addition, the notice of hearing shall be delivered to any interested parties requesting
notice of the hearing.
D. Hearing. The hearing before the Animal Control Hearing Officer shall be open to the
public. The Animal Control Hearing Officer may admit all relevant evidence, including
incident reports and affidavits of witnesses; the Officer may limit the scope of discovery
and may shorten the time to produce records or witnesses. The Animal Control Hearing
Officer may decide all issues even if the owner or person in charge, custody, or control of
the animal fails to appear at the hearing. The Animal Cont rol Hearing Officer may find,
upon a preponderance of the evidence, that the animal is a noisy animal and that the
maintenance of such noisy animal is a public nuisance.
E. Determination and Order. Within ten (10) working days after the conclusion of the hearing
held pursuant to subsection (D) of this section, the Animal Control Hearing Officer shall
by certified mail, return receipt requested, notify the owner(s) or person(s) having charge,
custody, or control of the animal of the Officer’s determination and any orders issued. If
the Animal Control Hearing Officer determines that the animal is a noisy animal and that
the maintenance thereof is a public nuisance, the owner or keeper of the animal shall
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comply with the Animal Control Hearing Officer’s order within five days after the date of
the mailing of the determination and order. The decision of the Animal Control Hearing
Officer shall be final, subject to the provisions of State law.
F. Administrative Abatement Measures. The Animal Control Hearing Officer may, as part of
its determination that the animal is a noisy animal and the maintenance thereof a public
nuisance, direct that appropriate actions be taken to abate the nuisance, including without
limitation one or more of the following:
i. Containment of the animal within an enclosed building on the premises of the
animal’s owner or of the person in charge, custody, or control of the noisy animal.
ii. Require that the animal wear a noise suppression device obtained at the expense
of the owner of the animal to reduce or eliminate the noise creating the nuisance.
iii. Require that the animal undertake obedience training designed to abate the
nuisance problem when appropriate and under the conditions imposed by the
Animal Control Hearing Officer and at the expense of the animal’s owner or the
person having charge, custody, or control of said animal.
iv. Restrict the time of day, days of the week, and duration when the animal may be
placed out-of-doors on the premises of the owner or person in charge, custody, or
control of the animal.
v. Require the animal to be debarked at the expense of the owner of said animal.
vi. Require the owner or person in charge, custody, or control of the animal to
permanently remove the animal from said property and outside the City limits
vii. Require that the animal be impounded at the expense of the owner or person in
charge, custody, or control of the animal in accordance with the fee schedule
established pursuant to Municipal Code Section 6.04.020.
G. Noisy Animal Response Charge. The following shall apply on a subsequent noisy animal
response by a Sheriff or Animal Control Officer within six months after the issuance of a
noisy animal warning notice to a responsible party:
i. A noisy animal response charge shall be imposed if a subsequent response by a
Sheriff or an Animal Control Officer is necessary to control or abate the public
nuisance created by the noisy animal or to protect the public peace, health, or
general welfare after the issuance of a noisy animal warning notice to a
responsible party. The noisy animal response charge shall not exceed the actual
and reasonable costs incurred in connection with the actions taken pursuant to
this part. The provisions of this section are in addition to any other provisions of
this chapter and any other provisions regarding public nuisances and shall
supplement, not supplant the exercise of any other applicable law or ordinance.
ii. The Animal Control Director, or his or her designee, shall notify the Finance
Department in writing of the name and address of the person(s) responsible for
the noisy animal, the date and time of the incident, the services performed, any
additional services which are required, and such other information as may be
necessary. The Finance Department shall thereafter cause appropriate billing of
the noisy animal response charge to be made to the responsible party. Such charge
shall be paid within thirty (30) days of the date of the issuance of the billing and
at the direction of the City may be paid directly to the Animal Control Agency.
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iii. Any noisy animal response charge charged pursuant to this section shall be
deemed a civil debt owing to the City by the responsible party.
iv. Any person receiving a bill for a noisy animal response charge may, within fifteen
(15) days after the date of issuance of the bill, file a written request with the
Animal Control Director appealing the charge imposed. The City shall withhold
on collection of the bill pending the decision on the appeal. The Animal Control
Director shall set the matter for hearing before the Animal Control Hearing
Officer, which hearing shall be within fifteen (15) business days after receipt of
the appeal. The Animal Control Officer shall issue a written decision on the
appeal within ten (10) days of the close of the hearing, which decision shall be
mailed by certified mail, return receipt requested to the appellant. The decision
of the Animal Control Hearing Officer shall be final. If, after the hearing before
the Animal Control Hearing Officer, the appeal is denied in part or in whole, all
amounts due to the City shall be paid within thirty (30) days of the date of the
mailing of the decision of the Animal Control Hearing Officer.
SECTION 6.04.260: Vicious or unsafe animals.
A. Vicious or Unsafe Dogs. A person owning or having charge of a vicious or unsafe dog shall
confine it within a building or secure enclosure except that it may be permitted off the
premises only when securely muzzled, leashed, and under the control of a person eighteen
(18) years of age or older and who is physically capable of restraining said animal.
B. Abatement of Vicious or Unsafe Animals. Within the City of Temecula there are
unconfined or uncontrolled vicious or unsafe animals which constitute a public nuisance
which should be abated. The provisions of this chapter provide an administrative procedure
by which animals found to be a nuisance may be abated following a hearing at which oral
and documentary evidence is considered. This chapter is intended to supplement rather
than supplant any other remedy available under State law.
C. Investigation. Any animal confined pursuant to subsection (A) of this section for biting a
human being and any incident reported either to the Sheriff’s Department or the Animal
Control Officer concerning a vicious or unsafe animal(s) shall be investigat ed by the
Sheriff or his or her designee or the Animal Control Officer. Based on the investigation, if
either the Sheriff’s Department or the Animal Control Officer has reasonable cause to
believe that the animal is vicious or unsafe, and there is need to abate the animal as a vicious
or unsafe animal, he or she shall so certify to the Animal Control Agency in writing within
ten (10) days following completion of the investigation. A copy of the certification shall
be mailed to the person owning or controlling the animal.
D. Confinement of Vicious or Unsafe Animal. Whenever the Sheriff’s Department or the
Animal Control Officer or his or her designee has reasonable cause to believe that an
animal is vicious or unsafe and that it constitutes an imminent threat to the health or safety
of persons, of animals or property of another and if the Officer after reasonable
investigation is unable to locate the owner, or if the owner is unwilling or unable to take
the necessary steps to confine the animal in a manner ordered by the Officer, the Officer
may immediately seize and impound the animal. The animal shall be returned to its owner
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only if the Officer is satisfied that the owner will confine the animal as ordered. If the
owner fails or refuses to make such arrangements for the confinement of the animal, the
Sheriff’s Department or the Animal Control Officer shall issue an order directing the owner
to appear at a designated hearing, as provided pursuant in this section, to show why such
animal shall not be declared a nuisance and to have said nuisance abated and to prevent the
nuisance and to perpetually enjoin the person maintaining it, and the owner, lessee or agent
of the building, or place, in or upon which the animal exists, from maintaining or permitting
it.
E. Scheduled Hearing. A hearing date shall be set no later than twenty-five (25) days from the
date of certification of a vicious or unsafe animal. The Animal Control Agency or Animal
Control Officer shall mail or otherwise deliver notice of the hearing to the owner or person
controlling the animal, the owner of the real property in which the animal is kept and may
mail notice to the interested persons.
F. Hearing. The hearing shall be held by the City’s contracted Animal Control Agency as that
Animal Control Agency designates pursuant to the procedures set by California Food and
Agriculture Code Section 31601 et seq. At the hearing, which may be continued from time
to time, both oral and documentary evidence may be taken from any interested person and
considered in determining whether the animal is vicious or unsafe. Strict rules of evidence
need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely on in the conduct of serious affairs. The
decision of the Animal Control Agency shall be supported by the weight of the evidence
and shall be final subject to California Food and Agriculture Code Section 31621 et seq.
G. Finding – Public Nuisance. If, based upon the hearing, the Animal Control Agency finds
that the animal is vicious, unsafe, or noisy and requires abatement, it shall so specify in
writing together with the reasons therefor. Any animal found to be vicious, unsafe, or noisy
and subject to abatement is hereby deemed a public nuisance and shall be, pursuant to the
order of the Animal Control Agency, humanely euthanized, or the nuisance otherwise
abated by appropriate order including, but not limited to, confinement, muzzling, fencing,
leashing, noise suppression device, obedience training, debarking, or permanent removal
of the animal from said property and outside the City limits. The owner of any vicious or
unsafe animal that is not required to be humanely euthanized may be required by the
Animal Control Agency to have liability insurance or bond in appropriate specified
amounts for the specified time. Such insurance or bond shall insure to the benefit of persons
who may be subsequently injured or damaged by said animal. The decision of the Animal
Control Agency shall be made within ten (10) days after the conclusion of the hearing and
shall be final. A copy of the decision shall be sent by registered mail or otherwise delivered
to the person owning or controlling the animal and to the Animal Control Agency. The
decision of the Animal Control Agency shall be final for all purposes subject to California
Food and Agriculture Code Section 31621 et seq.
H. Cost of Impoundment. If the Animal Control Agency finds the animal is vicious, unsafe,
or noisy and subject to abatement, the costs of impoundment including all cost of abatement
shall be paid by the owner of the real property or the person owning or controlling the
30
animal and shall become a lien against the real property upon which the animal was kept
and maintained until said assessment is paid. If the Animal Control Agency finds that the
animal is vicious or unsafe but not subject to abatement, or if the order includes the release
of the animal found to be vicious, unsafe, or noisy to the owner or person controlling it, the
animal shall not be released until such costs have been paid in full. If such costs have not
been paid within fourteen (14) days after the date of mailing or delivery of the order, the
Animal Control Agency may order the disposition of the animal in any manner provided
by law. No fees provided for by this chapter shall be assessed if the animal is found not to
be vicious, or unsafe.
I. Payment of Assessment. The assessment shall be due and payable within fourteen (14)
days after the date of mailing or delivery of the order. If the assessment is not paid on or
before said date, the total amount thereof may be entered on the next fiscal year tax roll as
a lien against the property upon which the animal was maintained and shall be subject to
the same penalties as are provided for other delinquent taxes or assessments of the City of
Temecula, or an action may be brought in the name of the City to recover the costs of
impoundment and/or abatement.
J. Vicious or unsafe animal registration fee. An animal that has been deemed vicious or
unsafe will be required to be registered with the animal Control Agency in addition to
obtaining all other necessary licenses. The fees for registering a vicious animal license are
established in Municipal Code Section 6.04.020. Failure to renew the registration will
result in the impoundment of the animal and a citation will be issued as a misdemeanor.
SECTION 6.04.270: Exotic animals or wild animals.
The keeping of exotic animals, including the keeping of exotic animals as pets shall require
a Conditional Use Permit in accordance with Municipal Code Table 6.08.010 Animal Keeping
Standards and Municipal Code Section 17.04.010 Conditional Use Permits. Wild animals shall
not be kept as pets.
SECTION 6.04.280: Violation – Penalty.
Any person violating any of the provisions of this chapter shall be guilty of an infraction
and upon conviction thereof shall be punished by fine(s) established by a resolution of the City
Council.
SECTION 6.04.290: Constitutionality – Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any
reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining
portion of the chapter.
CHAPTER 6.06: MANDATORY SPAYING, NEUTERING AND MICROCHIPPING
Sections:
6.06.010 Definitions
6.06.020 Mandatory spaying and neutering of dogs and cats.
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6.06.030 Mandatory microchipping of dogs and cats.
SECTION 6.06.010: Definitions.
A. “Altered” means an animal rendered incapable of reproducing by means of surgical
methods, a male animal that has been neutered or a female animal that has been spayed.
Also referred to as a sterile animal.
B. “Competition cat” means a cat used to show, compete, or breed, and is a breed registered
with the Cat Fanciers’ Association (CFA) or another valid registry approved by the Animal
Control Agency.
C. “Competition dog” means a dog used to show, compete, or breed, and is a breed registered
with the American Kennel Club (AKC), United Kennel Club (UKC), American Dog
Breeders Association (ADBA), or another valid registry approved by the Animal Control
Agency.
D. “Hobby breeder” means a person who seeks to not alter their dog or cat to potentially breed
the dog or cat and sell the offspring for money or another consideration, and does not have
a kennel, cattery, or pet shop permit/license.
E. “Impounded” means an animal having been received into the custody of any animal control
center, animal control officer, animal control vehicle, or peace officer authorized by the
City under the provisions of this chapter.
F. “Microchip” means a radio-frequency identification transponder that is surgically
implanted beneath the animals skin that carries a unique identification number traceable to
the documented owner, and is roughly the size of a grain of rice.
G. “Service animal” means any dog, and in some cases described below, a miniature horse,
being reared, trained or used for the purpose of performing tasks for the benefit of an
individual with a disability, including a physical, sensory, psychiatric, intellectual, or other
mental disability. Other species of animals, whether wild or domestic, trained or untrained,
are not service animals for the purposes of this definition. The work or tasks performed by
a service animal must be directly related to the individual’s disability. Examples of work
or tasks include, but are not limited to, assisting individuals who are blind or have low
vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing
to the presence of people or sounds, providing non-violent protection or rescue work,
pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the
presence of allergens, retrieving items such as medicine or the telephone, providing
physical support and assistance with balance and stability to individuals with mobility
disabilities, and helping persons with psychiatric and neurological disabilities by
preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects
of an animal’s presence and the provision of emotional support, well-being, comfort, or
companionship do not constitute work or tasks for the purposes of this definition.
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i. Miniature horses may be considered “service dogs” if the miniature horse has
been individually trained to do work or perform tasks for the benefit of the
individual with a disability and meets the requirements of section 35.136 of
Title 28 of the Code of Federal Regulations.
H. “Unaltered” means a dog or cat, four months of age or older, that has not been spayed or
neutered. A condition that exists in an animal which permits the producing of offspring.
SECTION 6.06.020: Mandatory spaying and neutering of dogs and cats.
A. Altered dogs and cats.
i. Requirement. No person may own, keep, or harbor an unaltered dog or cat over
the age of four months in violation of this section. An owner or custodian of an
unaltered dog must have the dog spayed or neutered, or provide a certificate of
sterility, or obtain an unaltered exempt license or obtain a hobby breeder license
in accordance with this chapter. An owner or custodian of an unaltered cat must
have the animal spayed or neutered, or provide a certificate of sterility, or obtain
a hobby breeder license in accordance with this chapter.
ii. Exemptions. This section shall not apply to any of the following and any exempt
animals are required to obtain an unaltered exempt license:
1. A dog with a high likelihood of suffering serious bodily harm or death if
spayed or neutered, due to age or infirmity. The owner or custodian must
obtain written confirmation of this fact from a California licensed
veterinarian. If the dog is able to be safely spayed or neutered at a later date,
that date must be stated in the written confirmation; should this date be later
than thirty (30) days, the owner or custodian must apply for an unaltered
dog license.
2. A cat with a high likelihood of suffering serious bodily harm or death if
spayed or neutered, due to age or infirmity. The owner or custodian must
obtain written confirmation of this fact from a California licensed
veterinarian. If the cat is able to be safely spayed or neutered at a later date,
that date must be stated in the written confirmation.
3. Animals owned by recognized dog or cat breeders, as defined by City or
Animal Control Agency.
4. Female dogs over the age of ten (10) years and male dogs over the age of
twelve (12) years; however, an unaltered exempt license is still required.
5. Animals used by law enforcement agencies for law enforcement purposes.
6. A qualified service animal. The person owning or having custody of the
animal must have a service animal license and tag issued by the Animal
Control Agency.
7. A competition dog or cat that meets the following requirements:
a. The dog must have competed in at least one dog show or sporting
competition approved by a national registry or the Animal Control
Agency within the last three-hundred and sixty-five (365) days; or the
dog has earned a conformation, obedience, agility, carting, herding,
protection, rally, sporting, working, or other title from a purebred dog
registry referenced above or other registry or dog sport association
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approved by the Animal Control Agency; or the owner or custodian of
the dog is a member of a purebred dog breed club, approved by the
Animal Control Agency, which enforces a code of ethics that includes
restrictions on breeding dogs with genetic defects or life-threatening
health problems.
b. The cat must have competed in at least one cat show approved by a
national registry or the Animal Control Agency; or the cat has earned a
conformation title from a purebred cat registry; or the owner or
custodian of the cat is a member of a purebred cat breed club, approved
by the Animal Control Agency, which enforces a code of ethics that
includes restrictions on breeding cats with genetic defects or life-
threatening health problems
B. Hobby Breeder License. A dog or cat may be exempt from subsection (A) of this section
if the owner or custodian is a hobby breeder and obtains a hobby breeder license for each
dog and/or cat. Each license authorizes the birth of no more than one (1) litter per animal
in any twelve (12) month period. Breeding more than one (1) litter per year will resu lt in
penalties.
C. Control of Unaltered Cats. In accordance with subsection (A) of this section, it is unlawful
for any person to own, harbor or keep any unaltered cat four (4) months of age or older
within the City of Temecula. The City or Animal Control Agency may take steps to
mitigate the impact of feral cat populations in compliance with this law which may include
spay and neuter services and/or trap and release programs.
D. Denial or Revocation of Unaltered Exempt License or Hobby Breeder License and
Reapplication.
i. The Animal Control Agency may deny or revoke an unaltered exempt license or
hobby breeder license for one or more of the following reasons:
1. The owner, custodian, applicant or licensee is not in compliance with all of
the requirements of this section;
2. The Animal Control Agency has received at least three (3) complaints,
verified by the agency, that the owner, custodian, applicant, or licensee of
an unaltered dog or cat has allowed it to run at large, or has otherwise
neglected it or another animal;
3. The owner, custodian, applicant, or licensee has been previously cited for
violating a State law, City code or other municipal provision relating to the
care and control of animals;
4. The unaltered dog has been adjudicated by a court or an agency of
appropriate jurisdiction to be potentially dangerous, dangerous or vicious,
or to be a nuisance within the meaning of the Temecula Municipal Code or
under State law;
5. Any unaltered exempt license held by the applicant or hobby breeder license
has previously been revoked;
6. The license application is discovered to contain a material
misrepresentation or omission of fact.
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ii. Reapplication for Unaltered Exempt License or Hobby Breeder License.
1. When an unaltered exempt license or hobby breeder license is denied, the
applicant may reapply for a license upon changed circumstances and a
showing that the requirements of this chapter have been met. The Animal
Control Agency shall refund one-half of the license fee when the application
is denied. The applicant shall pay the full fee upon reapplication.
2. When an unaltered exempt license or hobby breeder license is revoked, the
owner or custodian of the dog or cat may apply for a new license after a 30-
day waiting period upon showing that the requirements of this chapter have
been met. No part of an unaltered exempt license or hobby breeder license
fee is refundable when a license is revoked, and the applicant shall pay the
full fee upon reapplication.
E. Appeal of Denial or Revocation of Unaltered Exempt License or Hobby Breeder License.
i. Request for hearing.
1. Notice of Intent to Deny or Revoke. The Animal Control Agency shall mail
to the owner, custodian, licensee, or applicant a written notice of its intent
to deny or revoke the license for an unaltered dog or cat which includes the
reason(s) for the denial or revocation. The owner, custodian, licensee or
applicant may request a hearing to appeal the denial or revocation by filing
such request with the Animal Control Agency. The request must be made
in writing within fifteen (15) days after the notice of intent to deny or revoke
is mailed. Failure to submit a timely written hearing request shall be deemed
a waiver of the right to appeal the license denial or revocation.
2. Administrative Hearing. The hearing shall be conducted by the Animal
Control Agency.
3. Notice and Conduct of Hearing. The Animal Control Agency or its designee
shall mail a written notice of the date, time, and place for the hearing not
less than ten (10) days before the hearing date. The hearing date shall be no
more than forty-five (45) days after the Animal Control Agency receipt of
the request for a hearing. The hearing will be informal, and the rules of
evidence will not be strictly observed. The Animal Control Agency shall
prepare and mail a written decision to the owner or custodian after the
hearing. The decision of the hearing officer shall be the final administrative
decision.
ii. Change in Location of Unaltered Dog or Cat. If the dog is moved after the Animal
Control Agency has issued a letter of intent to deny or revoke, but has not yet
denied or revoked the license, the owner, custodian, licensee, or applicant must
provide the Animal Control Agency with information as to the dog’s
whereabouts, including the current owner’s or custodian’s name, address, and
telephone number.
F. Transfer, Sale, and Breeding of Unaltered Dog or Cat.
i. Offer for Sale or Transfer of Unaltered Dog. An owner or custodian who offers
any unaltered dog over the age of four (4) months of age for sale, trade, or
adoption must include a valid unaltered dog license number with the offer of sale,
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trade or adoption, or otherwise state and establish compliance with this section.
An owner or custodian of an unaltered dog must notify the Animal Control
Agency of the name and address of the transferee within ten (10) days after the
transfer. The unaltered license and microchip numbers must appear on a
document transferring the animal to the new owner.
ii. Offer for Sale or Transfer of Unaltered Cat. An owner or custodian of an unaltered
cat must notify the Animal Control Agency of the name and address of the
transferee within ten (10) days after the transfer. The microchip numbers must
appear on a document transferring the animal to the new owner.
G. Penalties. Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set
forth below:
i. An administrative citation, infraction, or other such authorized penalty may be
issued to an owner or custodian of an unaltered dog or cat for a violation of this
section.
ii. Should the owner or custodian of an unaltered dog or cat be found in violation of
a State or local law, as stated above in subsection (A) of this section, the owner
or custodian shall be required to spay or neuter the unaltered dog or cat in
accordance with this section and waive the fine for the spay or neuter violation,
or may qualify and purchase an unaltered exempt license, or purchase a hobby
breeder license.
H. Impoundment of unaltered dog or cat.
i. When an unaltered dog or cat is impounded pursuant to State and/or local law, in
addition to satisfying applicable requirements for the release of the animal,
including but not limited to payment of impound fees pursuant to Municipal Code
Section 6.04.020, the owner or custodian shall also do one of the following:
1. Provide written proof of the dog’s or cat’s prior sterilization, if conditions
cannot or do not make this assessment obvious to Animal Control Agency
personnel; or
2. Have the dog or cat spayed or neutered by an Animal Control Agency
veterinarian at the expense of the owner or custodian. Such expense may
include additional fees due to extraordinary care required; or
3. At the discretion of the Animal Control Agency, the dog or cat may be
released to the owner or custodian if he or she signs a statement under
penalty of perjury, representing that the dog or cat will be spayed or
neutered and that he or she will submit a statement within ten (10) days of
the release, signed by a California licensed veterinarian, confirming that the
dog or cat has been spayed or neutered or is incapable of breeding; or
4. If the owner or custodian demonstrates compliance with this section.
ii. Costs of Impoundment.
1. The owner or custodian of the unaltered dog or cat shall be responsible for
the costs of impoundment, which shall include daily board costs,
vaccination/medication, and any other diagnostic or therapeutic
applications in accordance with Municipal Code Section 6.04.020.
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2. The costs of impoundment shall be a lien on the dog or cat, and the unaltered
animal shall not be returned to its owner or custodian until the costs are paid
or other arrangements are made including, but not limited to, a payment
plan. If the owner or custodian of an impounded unaltered animal does not
pay the lien against it in full within fourteen (14) days, the animal shall be
deemed abandoned and become the property of the Animal Control Agency.
I. Fees and fines.
i. All fees and fines associated with this section shall be set according to resolution
adopted by the City Council, which may be amended from time to time.
ii. All costs and fines collected under this part and the fees collected under this
section shall be paid to the Animal Control Agency on behalf of the City to defray
the cost of the implementation and enforcement of this program.
SECTION 6.06.030: Mandatory microchipping of dogs and cats.
A. All dogs and cats over the age of four months must be implanted with an identifying
microchip. The owner or custodian is required to provide the microchip number to the
Animal Control Agency and shall notify the Animal Control Agency of any change of
ownership of the dog or cat, or any change of address or telephone number.
B. Exemptions. The mandatory microchipping requirements shall not apply to any of the
following:
i. A dog or cat with a high likelihood of suffering serious bodily injury, if implanted
with the microchip identification, due to the health conditions of the animal. The
owner or custodian must obtain written confirmation of that fact from a California
licensed veterinarian. If the dog or cat is able to be safely implanted with an
identifying microchip at a later date, that date must be stated in the written
confirmation.
ii. A dog or cat which would be impaired of its athletic ability or performance if
implanted with the microchip identification. The owner or custodian must obtain
written confirmation of that fact from a California licensed veterinarian. If the
dog or cat is able to be safely implanted with an identifying microchip at a later
date, that date must be stated in the written confirmation.
iii. A dog or cat that is kenneled or trained in the City of Temecula but is owned by
an individual who does not reside in the City of Temecula. The owner or
custodian must keep and maintain the animal in accordance with the applicable
laws and ordinances of the jurisdiction in which the owner or custodian of the
animal permanently resides, including but not limited to the applicable licensing
and rabies vaccination requirements of that jurisdiction.
iv. A dog or cat over the age of ten (10) years.
C. Transfer, sale of dogs and cats.
i. An owner or custodian who offers any dog, over the age of four months, for sale,
trade, or adoption must provide the microchip identification number and the valid
dog license number with the offer of sale, trade, or adoption. The license and
microchip numbers must appear on a document transferring the dog to the new
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owner. The owner or custodian shall also advise the Animal Control Agency of
the name and address of the new owner or custodian in accordance with
subsection (A) of this section. An owner or custodian who offers any dog, over
the age of four months, for sale, trade, or adoption and fails to provide the Animal
Control Agency with the name and address of the new owner is in violation of
this chapter and shall be subject to the penalties set forth herein.
ii. An owner or custodian who offers any cat, over the age of four months, for sale,
trade, or adoption must provide the microchip identification number with the offer
of sale, trade or adoption. The microchip numbers must appear on a document
transferring the cat to the new owner. The owner or custodian shall also advise
the Animal Control Agency of the name and address of the new owner or
custodian in accordance with subsection (A) of this section. An owner or
custodian who offers any cat, over the age of four months, for sale, trade, or
adoption and fails to provide the Animal Control Agency with the name and
address of the new owner is in violation of this chapter and shall be subject to the
penalties set forth herein.
iii. When a puppy or kitten under the age of four months implanted with microchip
identification is sold or otherwise transferred to another person, the owner or
custodian shall advise the Animal Control Agency of the name and address of the
new owner or custodian and the microchip number of the puppy or kitten within
ten (10) days after the transfer. If it is discovered that an owner or custodian has
failed to provide the Animal Control Agency with the name and address of the
new owner and the microchip number of the puppy or kitten, the owner or
custodian shall be subject to the penalties set forth in this chapter.
D. Impoundment of un-microchipped dog or cat. When an impounded dog or cat is without
microchip identification, in addition to satisfying applicable requirements for the release
of the animal, including but not limited to payment of impound fees pursuant to Municipal
Code Section 6.04.020, the owner or custodian shall also do one of the following:
i. Have the dog or cat implanted with an Animal Control Agency microchip by an
Animal Control Agency registered veterinarian technician or veterinarian or
designated personnel at the expense of the owner or custodian;
ii. At the discretion of the Animal Control Agency, the dog or cat may be released
to the owner or custodian if he or she signs a statement, under penalty of perjury,
representing that the dog or cat will be implanted with a microchip and that he or
she will submit a statement within ten (10) days of the release, signed by a
California licensed veterinarian, confirming that the dog or cat has been so
implanted, and provides the microchip number to the Animal Control Agency or
allows the Animal Control Agency to scan the dog or cat for the microchip to
verify.
E. Fees for microchip identification device.
i. The fee for an identifying microchip device shall be included in the cost of
adoption when adopting a dog or cat from an animal shelter operated by the
Animal Control Agency.
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ii. If an animal has already been implanted with an identifying microchip device by
some other facility, there will be no fee to have the identification microchip
number entered into the Animal Control Agency’s registry as required by
subsection (A) of this section.
F. Fines and fees.
i. All fees and fines associated with this section shall be set according to resolution
adopted by the City Council and may be amended from time to time.
ii. All costs and fines collected under this section and the fees collected under this
section shall be paid to the Animal Control Agency on behalf of the City to defray
the cost of the implementation and enforcement of this program.
CHAPTER 6.08: ANIMAL KEEPING STANDARDS
Sections:
6.08.010 Animal Keeping Standards Table
SECTION 6.08.010:
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40
CHAPTER 6.12: ANIMALS RUNNING AT LARGE
Sections:
6.12.010 Prohibited generally.
6.12.020 Exemption.
6.12.030 Impoundment.
6.12.040 Disposition of rabid or disabled animals.
6.12.050 Disposition – Cows, horses and burros.
6.12.060 Disposition – Other animals.
6.12.070 Sale – Notice.
6.12.080 Sale – Procedure.
6.12.090 Sale – Disposition of moneys.
6.12.100 Redemption – When.
6.12.110 Redemption – Costs.
SECTION 6.12.010: Prohibited generally.
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 animal or fowl has the consent of the owner of the private
property.
SECTION 6.12.020: Exemption.
This chapter shall not prohibit leading, driving, riding or conducting animals under
adequate supervision along a public highway.
SECTION 6.12.030: Impoundment.
It shall be the duty of the Animal Control Officer to take up and impound all animals found
at large upon any highway, street, sidewalk, land, alley or other public place, or upon any private
property without its owner’s consent. The Animal Control Officer may contract with any person
to keep, feed and care for any such animal at reasonable rates for not more than twenty (20) days.
SECTION 6.12.040: Disposition of rabid or disabled animals.
If it appears to an Animal Control Officer from the report of a licensed veterinarian or other
qualified person that an animal is afflicted with rabies, he or she shall humanely euthanize such
animal and shall take such other action as may be required by law and as he or she deems necessary
to prevent the spread of such disease. He or she may humanely euthanize any sick, disabled, infirm
or crippled animal found at large if he or she is unable to identify and locate the owner.
SECTION 6.12.050: Disposition – Cows, horses, and burros.
If the Animal Control Officer impounds any bovine animal, horse, mule, or burro, and if
such animal is not reclaimed within five (5) days thereafter, the Animal Control Officer shall notify
the State Director of Agriculture in accordance with the provisions of Food and Agricultural Code
Section 17003. If the Director of Agriculture does not, within five (5) days after notice, elect to
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dispose of any horse, mule or burro, then the Animal Control Officer shall sell such animal in
accordance with this chapter.
SECTION 6.12.060: Disposition – 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 Animal Control Officer, is not reclaimed within
two (2) days thereafter, it shall be sold by the Animal Control Officer after giving notice of sale in
accordance with Municipal Code Section 6.12.070.
SECTION 6.12.070: Sale – Notice.
The 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 five (5) days prior to the sale of any impounded animal, the 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 or her residence or place of business, if known.
SECTION 6.12.080: Sale – Procedure.
At the time and place set forth in the notice of sale, the 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 Animal Control Officer may sell such animal at private sale or humanely euthanize
such animal, or otherwise dispose of it as permitted by law.
SECTION 6.12.090: Sale – Disposition of moneys.
The proceeds of such sale, after first deducting fees and charges of the Animal Control
Officer, including costs of sale, shall be paid by the Animal Control Officer to the City Treasurer
who shall pay them over to the owner of such animal sold if claimed within one year thereafter. If
not so claimed, they shall be transferred into the general fund of the City.
SECTION 6.12.100: Redemption – When.
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 Animal Control Officer
all fees and charges thereon.
SECTION 6.06.110: Redemption – Costs.
The Animal Control Officer shall charge and collect from each person redeeming an
impounded animal an impounding fee, plus the actual costs of transporting the animal and
maintaining the animal while impounded including costs of sale incurred. The impounding fee
shall be set by resolution of the City Council and may be amended from time to time.