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HomeMy WebLinkAboutOrd. No. 1982-641ORDINANCE N0. 641 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REPEALING ORDINANCES 396, 489, 537, 580 AND 589 AND LAKE ELSINORE MUNICIPAL CODE CHAPTER 6.04 AND PROVIDING FOR THE LICENSING OF DOGS AND IMPOUNDING OF ANIMALS; REGULATING THE KEEPING AND CONTROL OF DOGS AND OTHER DOMESTIC ANIMALS; PROVIDING FOR THE CONTROL AND SUPPRESSION OF RABIES; CONCERNING THE DUTIES OF THE ANIMAL CONTROL OFFICER THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION ONE. Ordinance Numbers 396, 489, 537, 580 and 589 and Lake Elsinore Municipal Code Chapter 6.04 are hereby repealed. SECTION TWO. There is hereby added to the Lake Elsinore Municipal Code a new Chapter 6.04, which is to read as follows: Chapter 6.06 Animals and Animal Control Officer Definitions 6.04.010 Whenever, in this ordinance, the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent from the context thereof that some other meaning is intended: A. ANIMAL CONTROL OFFICER. The person or duly authorized agent of such person so designated by the City h1anager. B. PERSON. Any individual, firm, partnership, joint venture, corporation, association, club or organization. C. COMMERCIAL KENNEL. Any building structure, enclosure or premises whereupon, or within which, 4 or more dogs are kept or maintained primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. D. COMMERCIAL CATTERY. Any building, structure, enclosure or premises whereupon, or within which, 4 or more cats are kept or maintained, primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. E. UNLICENSED DOG. Any dog for which the license for the current year has not been paid, or to which the license tag for the current year is not attached. F. VICIOUS DOG. Any dog which has bitten a person or animal without provocation or which has a disposition or propensity to attack or bit any person or animal. G. AT LARGE. Any dog which is off the premises of and not within the reasonable control or call of the owner or person in charge of said dog. H. IMPOUNDED. Having been received into the custody of the animal control center authorized under the provisions of this ordinance. I. VACCINATION. An inoculation against rabies of any dog or cat 4 months of age or older of any vaccine prescribed for that purpose by the California Department of Health Services. 6.04.020 FEES - - DOGS A. It shall be unlawful for any person to own, harbor or keep any dog four (4) months of age or older within the corporate limits fora period longer than thirty (30) days, unless there is attached to such dog a valid license tag obtained from the City. A license will be issued for each dog upon payment of a license fee, which shall be established by resolution of the City Council. Said license shall be valid fora period of 1 year following issuance and shall be renewed within thirty (30) days after such period terminates. B. 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, which shall be established by resolution of the City Council. If a valid license tag is lost or destroyed, a duplicate thereof may be procured from the City upon submission of proof of loss and payment of the fee established by resolution of the City Council. C. No fee shall be required for a license for any dog being reared, possession and under control of a blind person or a bona fide organization having as its primary purpose the furnishing and training of guide dogs for the blind. 6.04.030 FEES - - KENNELS AND CATTERIES A. It shall be unlawful for any person to own or operate a Commercial Kennel or a Commercial Cattery without a license from the City. A license will be issued for each commercial kennel or each commercial cattery upon payment of the license fee, which shall be established by resolution of the City Council. Said license shall be valid fora period of 1 year following issuance and shall be renewed within thirty (30) days after such period termin- ates. B. If an application fora license is made more than thirty (30) days after the date such license is required, the applicant shall pay a penalty, which shall be established by resolution of the City Council. 6.04.040 FEES - - OTHER Additional fees associated with the City's Animal Control functions shall be established for the following categories by resolution of the City Council: (1) Impound Fee ( All Animals ) First Pick up in twelve month period Second Pick up in twelve month period Third Pick up in twelve month period (2) Boarding of dogs and cats (31 Rnardino of all other ani 6.04.050 INFORMATION - - TAGS Each license shall state the name and residence address of the person to whom each license is issued, the amount paid therefore, the date when issued, the date on which. such license shall expire, and in the case of an individual dog license, a description of the dog for which such license is issued, and the number of the metallic tag accompanying such license, which metallic tag is required and authorized, and shall be furnished at the expense of the City. With each license for any individual dog, there shall be issued and delivered to the person securing the license a metal tag with a serial number of the license and the year for which issued. Each kennel or cattery license shall show the maximum number of animals which may be kept in such kennel or cattery under authority of such license. 6.04.060 VACCINATION REQUIREMENTS At the time of payment of the fee fora dog license, the applicant therefor shall deliver to the City a certificate of vaccination, signed by a veterinarian licensed to practice as such in the State, certifying that he vaccinated the dog for which a license is sought with canine rabies vaccine one injection or approved method, within a period of twelve months, and giving the date of such vaccination, the breed or type of each dog and the name of the owner of said dog. 6.04.070 KENNEL OR CATTERY LICENSE - - APPLICATION A. Application fora kennel or cattery license shall be filed with the City on a form prescribed by the City not later than 10 days after obtaining written verification from the Planning and Building Department of the City that the operation of a commercial kennel or commercial cattery is in compliance with all applicable City codes. After receipt of the application, the City shall make, or cause to be made, an examination of the commercial kennel or commercial cattery, in the opinion of the City satisfactorily meets each of the following conditions: 1. The commercial kennel or commercial cattery is constructed, equipped and maintained so as to continuously provide a healthful- and sanitary environment for the dogs or cats kept, or to be kept, therein; 2. There is adequate shelter from the elements and sufficient space for exercise; 3. There is ample and healthful food and potable water and adequate sanitary facilities for the storage of such food and water; 4. There are adequate drainage facilities and satisfactory sanitary disposal of both natural precipitation and dog or cat wastes; 5. There is adequate and effective means of the control of insects and rodents, and such control is vigorously and continually maintained; and 6. Living quarters for human habitation shall not be consid- ered adequate fora commercial kennel or cattery. B. The City shall have the authority to enter upon the premises in which a commercial kennel or commercial cattery is located for the purpose of determining whether such kennel or cattery satisfactorily meets the con- ditions set forth in this ordinance. C. The City may deny an application for the license required by this Chapter whether original or renewal, or suspend or revoke such a license, if it finds that any commercial kennel or commercial cattery 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 herein fail to meet any of the conditions set forth herein. The City shall prepare a notice of denial of an application, or suspension or revocation of a license, setting forth the reasons for such denial, suspension or revocation. Such notice shall be served personally on the applicant or licensee, or sent by certified mail, postage prepaid, return receipt requested to the applicant or licensee. Such notice of denial, suspension or revocation shall be effective 30 days after renewal service or mailing thereof. Any person who has an application denied, or a license suspended or revoked, may appeal such denial, suspension or revo- cation by filing with the City, within 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 by resolution of the City Council. The 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 Council which may affirm, amend or reverse the decision. In conducting the hearing, the Council shall not be limited by the technical rules of evidence. 6.04.080 NON-PROFIT CORPORATIONS A non-profit corporation formed pursuant to the provisions of the California Corporation Code commencing with Section10400 for the prevention of cruelty to animals shall not be required to pay a fee for the licenses re- quired by this Ordinance. With the exception of such fees, all other provisions of this chapter shall be applicable to any such non-profit corporation. 6.04.090 PUPPY SALE REPORT The sale of each dog by a kennel or pet shop before it has attained the age of four months shall be reported to the City within 10 days of the sale on a form to be furnished by the City, which form shall include information as to the name and address of the person to whom the dog is sold, a description of the dog, age of the dog, and such other pertinent data as the City may require. 6.04.100 ANIMAL CONTROL OFFICERS 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 ordinance. Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions of this ordinance are hereby empowered to enter upon private property where any dog is kept or believed to be kept for the purpose of ascertaining whether any dog is harbored in violation of any of the provi- sions of this ordinance. 6.04.110 DUTIES OF OFFICERS It shall be the duty of the Animal Control Officers: A. To receive, take up, and impound: 1. Any dog found running at large in violation of this ordinance or of any law of the State of California. 2. Any dog which is molesting any person. 3. Any dog which is molesting or harassing animals, birds, or pets upon the premises of any person. B. To regularly and adequately feed, water, and otherwise care for all animals impounded under the provisions of this ordinance, or to provide for such feeding and watering. C. To investigate the condition and behavior of any dog which he has reason to believe is vicious or dangerous and if he finds such dog to be vicious in its habits, he shall report his findings in writing, either in person 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 the provisions of Penal Code Section 597f in humanely destroying 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 ordinance and of the laws of the State of California relating to dogs: F. Make such reports to the City Planager and City Council as they may require, relative to their duties as Animal Control Officer and performance of his duties in accordance with this chapter. Impoundment 6.04.120 A. No impounded animal shall be redeemed except on payment of all app- ropriate fees established by resolution of the City Council. No dog which is to be kept or harbored within the corporate limits of the city shall be released from the pound unless or until it is duly licensed in accordance with the provisions of this chapter. No unredeemed dog shall be sold for more than the pound fees plus the cost of care and feeding provided, however, that no such dog shall be sold if or while the same is suffering from any infectious or communicable disease. B. Any officer acting under the provisions of this ordinance, and impound- ing 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. If such dog 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 this chapter or shall have the dog destroyed. - C. Upon impounding an unlicensed dog, the officer shall give notice in person or by regular mail to the owner, if known, of the impounding of such dog. If such dog is not redeemed within five (5) days after such notice has been given, the officer shall dispose of such dog in accordance with the provisions of this chapter, or shall have the dog destroyed. D. The officer having custody of any impounded dog may, by humane methods, summarily destroy said dog if: 1. The dog is suffering from any incurable, dangerous or contagious disease, providing a licensed veterinarian shall certify, in writing, that such dog is so suffering; or, 2. It is an unlicensed vicious dog. 6.04.130 CATS - - EXCEPTION All of the provisions of this section pertaining to impounded unlicensed dogs, except the licensing provisions thereof, shall apply to impounded cats and other animals. 6.04.140 UNLAWFUL ACTS - - DESIGNATED It is unlawful: A. For the owner of any dog to fail or neglect or refuse to obtain a license for such dog as required in this chapter; B. For an owner of any dog to fail or neglect to keep fastened to such dog the tag herein provided to be issued to such owner, except while such dog remains indoors or in an enclosed yard or pen; 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 to any dog other than the dog for which such license 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 counter- feit or imitation tag to any dog or to possess any such counterfeit tag; 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 to the premises on which said dog is kept, a sign having letters at least 2 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 under the immediate control and physical restraint of such owner or person; 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 un- licensed, to permit such dog to roam, stray or run at large in, or into, any portion of the corporate limits of the City; I. For any person to keep or allow to be kept or suffer or permit any dog to remain upon the premises under the control of such person, firm, or corporation when such dog habitually barks, whines, or makes loud and unusual noises in such a manner as to disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking or howling or other sound or cry interferes with any person of ordinary sensitivities in the reasonable and comfortable enjoyment of life and property; J. No person shall treat an animal in a cruel or inhumane manner or willingly or negligently cause or permit any animal to suffer unnecessary torture or pain. No person shall abandon any animal without care on any public or private property; K. Any animal which is abandoned or treated in a cruel or inhumane manner, or willing or negligently allowed to suffer unnecessary torture or pain in violation of this Section, may be impounded and disposed of in a humane manner. 1. At least three (3) working days prior to the impoundment of any animal under this sub-section notice shall be given in person to, or by regular mail to the last known address of, the owner or person entitled to possession thereof of his or her right to a hearing before the City f4anager or his designee, as to whether or not such impoundment is justi- fied. If the owner or person entitled to possession thereof requests a hearing prior to impoundment, no im- poundment shall take place until the conclusion of the hearing except as provided herein. If in the opinion of the Animal Control Officer immediate impoundment is necessary for the preservation of the public health or safety, the pre- impoundment hearing need not be held; provided, however, in such cases the owner or person entitled to possession there- of shall be given three (3) working days notice as provided herein of his or her right to a hearing before the City Manager or his designee. If a hearing is requested, the hearing shall be held within five (5) days of the request, and the dog or cat shall not be destroyed or otherwise dis- posed of prior to the conclusion of the hearing. Notice of the time, date and place of the hearing shall be given by regular mail to the owner or person entitled to possession thereof. 2. If, at the end of the hearing, the impoundment is found to be unjustified, the animal shall be returned to the owner or the person entitled to possession thereof without charge. L. For any person knowingly to violate or cause to be violated any of the provisions of this Chapter. 6.04.150 ISOLATION OF ANIMALS 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 fora 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 repre- sentative to make an inspection or examination thereof at any time during such period. Animals quarantined must not be removed from the premises without permission of the Animal Control Officer first obtained in writing. 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 shall be 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 that until further order of the Animal Control Officer, he shall keep the dog securely fastened by chain, or securely confined within private property, or keep the dog in such manner as the Animal Control Officer shall direct 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 Ordinance. C. The Animal Control Officer may, in his discretion, post or cause to be posted an appropriate sign on any premises where a dog has been quarantined pursuant to this Ordinance to warn the public of the fact. It shall be un- lawful for any person to remove a sign posted pursuant to this section without permission of the Animal Control Officer first obtained in writing. D. If it shall appear to the Animal Control Officer that a dog or other animal has rabies, he may destroy such animal forthwith, or hold said animal for further examination for such time as he may consider advisable. E. Whenever any animal shall be bitten by another animal having rabies, or shows any symptoms of rabies, the owner or person having the possession of the animal shall immediately notify the 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 the owner's expense if the owner or person having possession thereof shall fail 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 shall determine that an epidemic of rabies exists or is threatened, he 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 twenty (120) days. An additional or ex- tended 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 pro- visions 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 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 Ordin- ance and maintain and operate a pound and license, take up, impound and dispose of animals. Any such veterinarian or society or association which shall enter into an agreement shall carry out all the provisions of this ordinance in the manner herein prescribed. 6.04.160 VIOLATION - - PENALTY Any person violating any of the provisions of this ordinance shall be guilty of an infraction and upon conviction thereof shall be punished by (1) a fine not exceeding $50.00 for the first violation; (2) a fine not ex- ceeding $100.00 for the second violation within 1 year; (3) a fine not ex- ceeding $250.00 for each additional violation within 1 year. A violation for failure to obtain a license fora dog shall be dismissed by the Clerk of the Court or by the Court when the person charged for the violation produces in Court a valid license procured not more than 10 days after the date of the violation. SECTION THREE This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 27th day of July 1982, upon the following roll call vote: AYES: Knight, Torn, Valenzuela, Unsworth NOES: None ABSENT: MacMurray ABSTENTIONS: None PASSES, APPROVED AND ADOPTED UPON SECOND READING this 10th day of August 1982, upon this following roll call vote: AYES: Knight, MacMurray, Torn, Valenzuela, Unsworth NOES: None ABSENT: None ABSTENTIONS: None ATTEST: DEBORAH A. HARRINGTON, ity Clerk d'GL.ti.. ~/r /N~t..r-tr J N G. UNSWORTH, Mayor APPROVED AS TO FORM: JOHN M. PORTER, City Attorney