HomeMy WebLinkAboutOrd. No. 1995-1003
ORDINANCE NO. 1003
AN ORDINANCE OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REPEALING
CHAPTER 6.04 "ANIMALS AND ANIMAL
CONTROL OFFICERS" OF THE LAKE
ELSINORE MUNICIPAL CODE AND ADDING
SECTIONS 6.04.000 THROUGH 6.04.280.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.04, "Animals and Animal Control
Officers" is hereby repealed.
SECTION 2. The attached Chapter 6.04, "Animals and Animal
Control Officers" sections 6.04.000 through 6.04.280, is hereby
adopted.
SECTION 3. This ordinance shall take effect as provided by
law.
INTRODUCED AND APPROVED UPON FIRST READING this 12th day of
December, 1995, upon the following roll call vote:
AYES:
COUNCILMEHBERS: ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES:
COUNCILMEHBERS: NONE
ABSENT:
COUNCILMEHBERS: NONE
-
ABSTAIN:
COUNCILMEHBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th
day of January, 1996, upon the following roll call vote:
AYES:
COUNCILMEHBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES:
COUNCILMEHBERS: NONE
ABSENT:
COUNCILMEHBERS: NONE
ABSTAIN:
COUNCILMEMBERS : NONE
~-r:<ST:-:
0\~1.-.\
~,,!__ ~~Y CLERK
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--
APPROVED AS TO LEGAL FORM:
ORDXNANCE NO. 1003 - PAGE TWO
SECTXONS
6.04.000
6.04.010
6.04.020
6.04.030
6.04.040
6.04.050
6.04.060
6.04.070
6.04.080
6.04.090
6.04.100
6.04.110
6.04.120
....
6.04.130
6.04.140
6.04.150
6.04.160
6.04.170
6.04.180
6.04.190
6.04.200
6.04.210
6.04.220
6.04.230
6.04.240
6.04.250
6.04.260
6.04.270
6.04.280
CHAPTER 6.04
ANXMALS AND ANXMAL CONTROL OPPXCERS
Definitions
Animal control Pee Schedule
Pees - Dogs/Cats
vaccination Requirements
License Xnformation - Tags
Kennels and catteries
Kennel/Cattery License Application , Xssuance Conditions
Records of Dogs and Cats Sold
Kennel, cattery and Pet Shop xnspections
sterilization of Adopted Animals
Non-Profit organizations
Duties of Animal Control Officers
Animal control Officers/Enforcement Duties/Entrance upon
Private Property
Dog and Cat Xmpoundment Regulations
Pees and charges
Unlawful Acts Designated
Transporting of Animals
Animals Unattended in Motor Vehicles
Use of Streets, Sidewalks, Public Places
Traps and Cages
Crimes Against Animals
Animal Sanitation
Female Dogs and Cats in Season (Estrus)
Xsolation of Animals - Rabies Precaution
vicious or Unsafe Animals
Keeping of Exotic Animals
Keeping of Exotic Animals - Exceptions
violation - Penalty
constitutionality - seperability
6.04.000 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) ANIMAL CONTROL OFFICER means the person or duly authorized agent
of such person so designated by the city.
B) 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.
.....
C)
CITY shall mean the City of Lake Elsinore.
D) ANIMAL CONTROL AGENCY shall mean the Animal Control Agency or
their designee, which may specifically include the City's
contractor for Animal Control Services.
E) COMMERCIAL CATTERY means any building, structure, enclosure or
premises whereupon, or within which five (5) or more cats four
(4) 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.
ORDINANCE NO. 1003 - PAGE THREE
F) COMMERCIAL KENNEL means any building, structure, enclosure or
premises whereupon, or within five (5) or more dogs four (4)
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.
G) NON COMMERCIAL CATTERY means any building, structure, enclosure
or premises whereupon, or within which five (5) to ten (10) cats,
four (4) months of age or older, are kept or maintained for non-
commercial reasons. Each cat must be altered by six (6) months
of age.
H) NON COMMERCIAL KENNEL means any building, structure, enclosure or
premises whereupon, or within which five (5) to ten (10) dogs,
four (4) months of age or older, are kept or maintained for non
commercial reasons. Each animal shall be individually licensed
at 4 months and altered upon reaching six (6) months of age.
I) IMPOUNDED means having been received into the custody of the
animal control authorized under the provisions of this chapter.
J) PERSON means any individual, firm, partnership, joint venture,
corporation, association, club or organization.
K) 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.
L)
UNLICENSED DOG means any dog four (4) months of age or older, for
which no valid license is currently in force within the
incorporated area.
.....
M) VACCINATION means an inoculation against rabies of any dog or cat
four (4) months of age or older of any vaccine prescribed for
that purpose by the California Department of Health Services.
N) DOG OR CAT OWNER means any person harboring, pet sitting, care-
taking, custodian, resident at which registered owner, licensed
owner, any person in charge or animal.
0) VICIOUS DOG means any dog which has bitten a person or animal
without provocation or which has a disposition or propensity to
attack or bite any person or animal.
P)
VICIOUS CONFINEMENT means any confinement of dog deemed V1C10US,
by the Animal Control Agency and which may be required to be
contained in a chain link kennel 11 by 9 gauge wire, with the
dimensions: minimum 12' by 6' high, to be entirely enclosed with
an attached chain link top, to include an end protective area
from the weather no less than 4' on top and 4' 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.
----
Q) ADEQUATE SHELTER means an area that has adequate space for the
size dog being kept, and that area should contain a shelter that
would humanely house a dog from the elements.
R) EXOTIC ANIMALS means any non-domestic animal and/or any animal
not native to the Southern California area.
ORDINANCE NO. 1003 - PAGE FOUR
S) ELECTRIFIED FENCE means an accepted and approved form of fencing
providing an electrified perimeter within, and attached to a
board, chain link, or block wall fence. *Habitual runaways or
"at large" offenders could be mandated to install this device per
Animal Control.
T) 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.
U) PUBLIC PLACES means and shall include, without limitations,
streets, highways, fronts of places of businesses, carnivals,
flea markets, swap meets and sidewalks.
DOG LICENSES: 1 Year 2 Year 3 Year
Unaltered Dog $25.00 $50.00 75.00
Altered Dog 10.00 15.00 20.00
Senior citizen (age 60)
(altered dog) 3.00 5.00 7.00
CAT LICENSES:
Unaltered Cat $12.00 24.00 36.00
- Altered Cat 6.00 8.00 10.00
Senior citizen (age 60)
(altered cat) 3.00 4.00 5.00
Late Fee $20.00 Late Fee Senior citizen (unaltered) $15.00
Replacement Tag $6.00 Transfer Fee $2.00
Penalty Fee for an Unlicensed, Impounded Dog - LEAF option $30.00
BREEDING PERMIT: $25.00 per year 1st Time 2nd Time 3rd Time
violation of Breeding Permit
$100.00
200.00
300.00
KENNEL/PET SHOP LICENSE
Pet Shop
Non-Commercial
Non-Commercial
Late Fee - 50%
$100
Cattery 120
Kennel 120
of the Applicable
Commercial cattery $160
Commercial Kennel 160
one (1) Year License Fee
IMPOUNDS (in a 12 month period) 1st Time 2nd Time 3rd Time
-- Dog or Cat Unaltered $30.00 $40.00 $50.00
Dog or Cat Altered 20.00 30.00 40.00
Female Dog or Cat in Season-Estrus 30.00 50.00 70.00
Vicious Dog 50.00 75.00 100.00
BOARD:
Per Day - Dogs & Cats $5.00
Horse, Cattle, Swine, Goats, Sheep 5.00
Fowl 2.00
ORDINANCE NO. 1003 - PAGE FIVE
ADDITIONAL FEES:
Home Quarantine - 3 visits Required
Shelter Quarantine
Owner Assist Calls
Transportation Cost-Per Mile
Man-Hours Per Hour During Business Hours
Euthanasia, Per Animal
Release After Hours, Additional Fee
Pickup of Livestock, Per Head
Impound, After Hours and Response Calls
Use of Trailer, Per Load
Fee for Declared vicious Dog
Refundable Spay/Neuter Fee - Adoptions - Cats
Dogs
6.04.020 FEES - DOGS' CATS
$40.00
65.00
20.00
.38
28.00
20.00
10.00
25.00
30.00
20.00
75.00
25.00
40.00
A) It is unlawful for any person to own, harbor or keep any dog or
cat four months of age or older within the City for a period
longer than thirty (30) days, unless there is attached to such
dog or cat a valid license tag obtained from the City of Lake
Elsinore. A license will be issued for each dog or cat upon
paYment of a license fee, which is set forth in section 6.04.010.
Said license shall be valid for a period of one year following
issuance and shall be renewed within thirty (30) days after such
period termination.
-----
B)
C)
----
If an application for a license is made more than thirty days
after the date such license is required, the applicant shall pay
a penalty, as set forth in 6.04.010. If a valid license tag is
lost or destroyed, a duplicate thereof may be procured from the
Animal Control Department upon submission of proof of loss and
paYment of the fee established in 6.040.010.
Any dog or cat owned by a person moving into Lake Elsinore that
has a current license issued in the county of Riverside will be
honored for up to one (1) year. A Lake Elsinore license must be
issued however, to insure that the dog or cat is vaccinated
against rabies and to insure proper information is on file
regarding the owner and the animal.
No fee shall be required for a ~i~nse for any dog being reared,
possessed and under the control~ blind person, hearing
impaired person, or other certif~ed dogs that are trained to
assist the handicapped or police dogs used in the course~cope
of their emploYment by peace officers.
The owner of any unaltered dog or cat shall be required to obtain
a Breeding Permit in addition to the required license.
D)
E)
6.04.030 VACCINATION REOUIREMENTS
At the time of paYment of the fee for a dog or cat license, the
applicant therefor shall deliver to the Animal Control Agency or
their designee a certificate of vaccination, signed by a
veterinarian licensed to practice as such in the state,
certifying that he vaccinated the dog or cat for which a license
is sought with rabies vaccine, one injection or approved method,
within a period of twelve (12) months, and giving the date of
such one injection or approved method, within a period of twelve
(12) months, and giving the date of such vaccination, the brand
or type of each dog or cat and the name of the owner of said dog
or cat.
A)
ORDINANCE HO. 1003 - PAGE SIX
B) Each veterinarian after vaccinating any dog or cat shall sign a
certificate of vaccination in duplicate in the form required by
the Hea~th Officer. The veterinarian shall keep one (1) copy,
shall g~ve one (1) copy to the owner of the vaccinated dog or cat
and shall send one (1) 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
cat or until such time as the dog or cat is vaccinated again, at
which time the new certificate shall be retained as above
indicated.
6.04.040 LICENSE INFORMATION - TAGS
Each license shall state the name and residence address of the person
to whom each license is issued, the amount paid therefor, the date
when issued, the date on which such license shall expire, and in the
case of an individual dog or cat license, a description of the dog or
cat for which such license is issued, and the number of metallic tag
accompanying such license, which metallic tag is required and
authorized, and shall be furnished at the expense of the Animal
Control Agency. with each license for any individual dog or cat there
shall be issued and delivered to the person securing the license a
metal tag with a serial number of the license 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.
6.04.050 KENNELS AND CATTERIES
A) It is unlawful for any person to own or operate a commercial
kennel, non-commercial kennel, commercial cattery, non-commercial
cattery or a pet shop without first obtaining a permit from the
Animal Control Agency or their designee. Said license shall be
valid for a period of one (1) year following issuance and shall
be renewed within thirty days after such period terminates.
B) If an application for a license is made more than thirty (30)
days after the date such license/permit is required, the
applicant shall pay a penalty as set forth in #6.04.010.
6.04.060 KENNEL OR CATTERY PERMIT/LICENSE - ADDlication , Issuance
Condition
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 kennel, cattery or pet shop permit/license
shall be filed with the Animal Control Agency no later than ten
days after obtaining written verification from the Planning
Division of the city that the operation of a kennel, cattery, or
pet shop is in compliance with all applicable City codes. After
receipt of the application, the Animal Control Agency or their
designee shall make, or cause to be made, an examination of the
kennel, cattery or pet shop, and the permit/license shall be
issued if the kennel, cattery or pet shop in the opinion of the
Animal Control Agency or their designee satisfactorily meets each
of the following conditions:
1. The kennel, cattery or pet shop 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;
ORDINANCE NO. 1003 - PAGE SEVEN
2.
There is adequate shelter(i~rm)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 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.
5.
There are adequate drainage facilities.
6.
There is adequate and effective means of the control of
insects and rodents, and such control is vigorously and
continually maintained.
7.
b..',;:;"u
The person applying for the permit/license has no~)~
convicted of the crime of cruelty to animals whether in this
state or any other state;
8.
sick animals shall be separated from those appearing healthy
and normal and if for sale, shall be removed from display
and sale. No person shall knowingly sell a sick or injured
animal or bird. sick animals shall be kept in isolation
quarters with adequate ventilation to keep from
contaminating well animals.
9.
An employee or owner shall come in to feed, water and do the
necessary cleaning of animals and birds on days the store or
shop is closed.
Living quarters for human habitation shall not be considered
adequate for a commercial kennel or cattery or a pet shop.
10.
C) The Animal Control Agency or their designee shall have the
authority to enter upon the premises in which a kennel, cattery
or pet shop is located for the purpose of determining whether
such kennel or cattery 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 kennel, 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 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 by section 6.04.010. 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
Council which may affirm, amend or reverse the decisions. In
conducting the hearing, the Council shall not be limited by the
technical rules of evidence.
ORDINANCB NO. 1003 - PAGB EIGHT
6.04.070 RECORD OF DOGS AND CATS SOLD
All kennels, 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.
6.04.080 KENNEL. CATTERY AND PET SHOP INSPBCTIONS
Because of the need to adequately protect animals within kennels,
catteries and pet shops from unhealthy conditions and practices,
reasonaI!r..,~inspection requirements dictate that the Animal Control
Agency of rheir designee shall have the right to inspect kennels,
catter1 s-and pet shops at reasonable times, as a condition of the
issuance of a kennel, cattery or pet shop permit/license.
6.04.080A SALE OR ADOPTION OF CATS OR DOGS
A) Any person who provides or offers to the public; whether or not
for compensation, any pet or pet related goods or services 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 Program.
B)
Any person offering pets for sale or adoption shall disclose to
any purchaser or adoptive owner information regarding the
licensing requirements of Lake Elsinore 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.
6.04.090 STERILIZATION OF ADOPTED ANIMALS
A) No unclaimed dog or cat shall be released for adoption without
being sterilized or without written agreement from the adopter
guaranteeing that such animal will be sterilized within thirty
(30) days for adults and at a specified date in the contract for
puppies and kittens.
B) For each unaltered dog or cat placed for adoption in the City of
Lake Elsinore, the Animal Control Agency or their designee shall
collect a refundable fee, as set forth in 6.04.010, for the
purpose of contributing to the sterilization of such adopted dogs
and cats. The fee shall be refunded if the cat or dog and
certificate are returned and surrendered to the Animal Control
Agency or their designee within sixty (60) days. Infraction fine
not to exceed a fine of $500.
6.04.100 NON-PROFIT CORPORATIONS
A non-profit 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. with the exception of such
fees, all other provisions of this chapter shall be applicable to any
such non-profit corporation.
ORDINANCB NO. 1003 - PAGB NINB
6.04.110 DUTIBS OF ANIMAL CONTROL OFFICBR
It shall be the duty of the Animal Control Officer:
A) To receive, take up, and impound:
1. Any dog or cat found running at large in violation of this
chapter or of any law of the state of California.
2.
Any dog or cat which is mOlesting any person!
Any of~'~;t~{d09 which is molesting or harassing animals,
birds or pets upon the premises of any person.
3.
4. Any dog or cat which is found running at large while in
season (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 has
reason to believe is vicious or dangerous, and if he finds such
dog to be vicious in its habits, he shall repor9' 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 597 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 chapter and of the laws of the state relating
to dogs.
F) Make such reports to the Animal Control Agency and city Council
as they may require, relative to his duties as Animal Control
Officer and performance of his duties in accordance with this
chapter.
6.04.120 ANIMAL CONTROL OFFICERS-ENFORCEMENT DUTIBS - ENTRANCE 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
is harbored in violation of any of the provisions of this chapter,
subject to constitutional and statutory search and seizure laws.
6.04.130 DOG AND CAT IMPOUNDMENT REGULATIONS
A) No impounded animal shall be redeemed except on paYment of all
appropriate fees as stated in 6.04.010. No dog or cat which is
to be kept or harbored within the corporate limits of the City of
Lake Elsinore 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.
ORDINANCE NO. 1003 - PAGE TEN
B) Any officer acting under the provisions of this chapter, and
impounding a licensed dog or cat 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 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 or cat destroyed.
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 days after such notice has been given, the
officer shall dispose of such dog or cat in accordance with the
provisions of this chapter or shall have the dog or cat
destroyed.
D) The officer having custody of any impounded dog or cat may, by
humane methods, summarily destroy said dog or cat if:
1. The dog or cat 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
2. It is an unlicensed vicious dog or cat.
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.
-
6.04.140 FEES AND CHARGES
The fees, penalties, and charges are as set in section 6.04.010 of
this Title.
6.04.150 UNLAWFUL ACTS DESIGNATED
It is unlawful:
A) For the owner of any dog or cat to fail, neglect or refuse to
obtain a license for each dog as required in this chapter.
B) For an owner of any dog or cat to fail or neglect to keep
fastened to such dog or cat 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 or cat 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 or
cat other than the dog or cat for which such license tag was
originally issued.
ORDINANCE NO. 1003 - PAGE ELEVEN
E)
F)
G)
-
-
For any person other than the owner to remove from any dog or cat
any tag which has been attached to such dog or cat 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 cat or to possess any such counterfeit tag.
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.
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 position within the city of Lake Elsinore.
For the owner or person having custody of any dog, cat, household
pet or any other animal to allow that animal to be a habitual
nuisance by reason of howling, barking, whining or other noise,
or is in any other manner undue annoyance, or has caused property
damage that shall constitute a public nuisance. Whenever it
shall be affirmed in writing by three (3) or more adult persons
living in separate dwelling units in the proximity of the
complaint and if the Animal Control Officer or his designee finds
such a public nuisance to exist, the Animal Control Officer or
his designee shall serve notice upon the owner or custodian that
the public nuisance shall be abated or the animal shall be
impounded in a legal manner or other legal action can be taken.
I)
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 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, that animal will be impounded if contact is not made
with the City within 72 hours. When it is found that a house is
vacant or condemned, the animal may be removed immediately and
held for 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 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.
ORDINANCB HO. 1003 - PAGB TWBLVB
6.04.160 TRANSPORTING OP ANIMALS
It is unlawful for any person to transport an animal in a motor
vehicle upon any street within the City of Lake Elsinore unless the
animal is fully enclosed within the vehicle or is protected by a belt,
2 way tether cage, container or any other device that will prevent the
animal from falling, jumping or being thrown from the motor vehicle.
6.04.170 ANIMALS UNATTENDED IN A MOTOR VBHICLB
A) It is unlawful for any person to leave an animal unattended in an
enclosed vehicle without adequate ventilation or in such a manner
as to subject the animal to extreme temperatures which will
adversely affect the animal's health or welfare. Animal may be
removed forthwith from said vehicle by an Animal Control Officer
and impounded in the City Animal Shelter or such other place as
said Animal Control Officer deems appropriate. Said Animal
Control Officer shall provide to the animal removed, such care as
might be necessary.
....
B) When an animal has been removed from a vehicle pursuant to this
chapter, the Animal Control Officer shall cause to be posted in a
conspicuous place in said vehicle a notice that shall state that
the animal has been removed from the vehicle pursuant to Lake
Elsinore Municipal Code section 6.04.170A, where the owner may
regain custody of it, and that the owner may be liable for
impound fees and costs.
Exceotions - This Chapter is not 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.
C)
6.04.180 USB OP STREETS. SIDEWALKS. PUBLIC PLACBS
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 Lake Elsinore as pets or novelties any fish,
turtle, snake, lizard, chameleon, bird, cat, dog, fowl, guinea pig,
rabbit, or other reptile or animal.
6.04.190 TRAPS AND CAGES
Humane traps that have been approved by the Animal Control Officer are
permitted to be used within the City of Lake Elsinore to be used to
confine animals running at large on the private property of persons.
A) A sign shall be posted on the property stating that such a trap
is in use.
B) Trapping shall not continue for more than ten (lO) days in a
thirty (30) day period, unless monitored by an Animal Control
Officer.
C) All animals trapped will 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.
ORDINANCE NO. 1003 - PAGE THIRTEEN
6.04.200 CRIMES AGAINST ANIMALS
A)
B)
....
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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 twenty thousand dollars
($20,000) or by both the fine and imprisonment, or alternatively,
by imprisonment in the county jail for not more than one (1)
year, or by a fine of not more than twenty thousand dollars
($20,000) or by both the fine and imprisonment.
Every person who tortures, deprives of necessary sustenance,
drink, shelter, cruelly beats, mutilates or cruelly kills an
animal, or causes or procures any animal who has been tortured,
deprived of necessary sustenance, drink, 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 twenty thousand dollars ($20,000).
1)
Subdivision B applies to any mammal, bird, reptile,
amphibian and fish, if any person is charged with a
violation of subdivision 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 12157 of the Fish and Game Code.
2) Subdivision B 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.
6.04.210 ANIMAL SANITATION
A) Any area occupied by any animal is to be maintained in a sanitary
manner. Water is to be kept fresh and feces disposed of no less
than a weekly basis. Any extreme conditions would be considered
a cruelty and would be cited pursuant to 6.04.200.
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.
6.04.220 FEMALE DOGS AND CATS IN SEASON (ESTRUS)
Dog and Cat owners shall securely confine their female dogs and cats
while in season (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 ordinance is guilty
of a misdemeanor.
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ORDINANCE NO. 1003 - PAGE FOURTEBH
6.04.230 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 Anim~...o. ntrol Officer, quarantine it and keep
it confined at the o~rSexpense for a period for 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
representative to make an inspection or examination thereof any
1:-.!mE!, during such period. Animals quarantined must not be removed
C:fQ~~~he 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 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 that until further order of 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 chapter.
C)
The Animal Control Officer may, at his 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 purs~"nt to this S!~c~_without permission of the Animal
contro~bfffIcer-'firstpb€lanep)in writing.
_.______~_...,...... '" '........_._~._,..--c~..,-
If it appears to the Animal Control Officer that a dog or other
animal has rabies, he may destroy such animal forthwith, or hold
the animal for further examination for such time as he may consider
advisable.
D)
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 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 fails to
confine such animal immediately, or in case the owner or person
having possession thereof is not readily accessible.
Whenever the Animal Control Officer determines that an epidemic of
rabies exists or is threatened, he/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 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.
F)
ORDINANCE NO. 1003 - PAGE FIFTEEN
G)
A)
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The City of Lake Elsinore may enter into a written agreement or
agreements with any v~terinarian li~ensed by t~e ,state ,of
California, or any organ1zed humane soc1ety or assoc1at10n, Wh1Ch
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.
6.04.240 VICIOUS OR UNSAFE DOGS
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 th~7 it may be permitted off the premises only
when securely muzzle)\d, leashed, and under the control of a person
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 Lake
Elsinore 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.
Investigation. Any animal confined pursuant to section 6.04.240 A
of this title 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 investigated by
the Sheriff or his designee or the Animal Control Officer. Based
on the investigation, if either the Sheriff's Department or the
Animal Control Officer have 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 shall so certify to the Animal
Control Agency in writing within 10 days following completion of
the investigation. A copy of the certification shall be mailed to
the person owning or contrOlling the animal.
C)
D)
Confinement of Vicious or Unsafe Animal. Whenever the Sheriff'S
Department or the Animal Control Officer or his 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~
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 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 to Section 6.04.240E, 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 exist, 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
ORDINANCB NO. 1003 - PAGB SIXTBBN
F)
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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.
Hearing. The hearing shall be held by Lake Elsinore Animal Friends
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. 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 Section 31621.
G)
Finding, Public Nuisance. If, based upon the hearing, the Animal
Control Agency finds that the animal is vicious or unsafe and
requires abatement, they shall so specify in writing together with
the reasons therefor. Any animal found to be vicious or unsafe and
subject to abatement is hereby~~emed a public nuisance and shall
be, pursuant to the order o(~e)Animal Control Agency, humanely
destroyed, or the nuisance otherwise abated by appropriate order
inCluding, but not limited to confinement, muzzling, fencing,
leashing. The owner of any vicious or unsafe animal that is not
required to be humanely destroyed may be required by the Animal
Control ~cy to have liability insurance or bond in appropriate
specified amounts fo~the specified time. Such insurance or bond
shall insure to the~benefit of persons who may be subsequently
injured or damaged DY said animal. The decision of the Animal
Control Agency shall be made within 20 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 Section 31621.
H) Cost of Impoundment. If the Animal Control Agency finds the animal
is vicious or unsafe, 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
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)mt not subject to abatement, or if the order includes the
releas~of t,ne animal found to be vicious or unsafe to the owner ~Cf~
person c~~trolling it, the animal shall not be released until such
costs have been paid in full. If such costs have not been paid
within 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. ~e assessment shall be due and payable
within 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 Lake Elsinore,
or an action may be brought in the name of the City to recover the
costs of impoundment and/or abatement.
ORDINANCB NO. 1003 - PAGB SEVENTEEN
J)
vicious or Unsafe Animal License. An animal that has been deemed
vicious or unsafe will be required to obtain a vicious license from
the Animal Control Agency. The fees for a vicious license are
established in 6.04.010. Failure to renew a vicious license will
result in impoundment of the animal and a citation will be issued
as a misdemeanor.
6.04.250 KEEPING OF EXOTIC ANIMALS
It is hereby unlawful for any person, firm or corporation to have, keep
or harbor or possess any exotic animal, the possession which requires a
California Department of Fish and Game Welfare Permit, Game Breeder's
license, Scientific Collector's Permit, or a Letter Permit, within the
City, except for potbelly Pigs.
6.04.260 KEEPING OF EXOTIC ANIMALS-EXCEPTIONS
A) Any harbored, owned or possessed prior to the passing of this
ordinance shall be allowed to be kept as per signed agreement
between the owner/keeper and the Animal Control Agency.
B) An educational institution may, for an approved, temporary time,
have any animal contained with a scientific permit through the
Department of Fish and Game. Such a request shall be made, in
writing, to the Animal Control Agency, at least five (5) working
days prior to possession of such animal.
6.04.270 VIOLATION - PENALTY
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Any person violating any of the prov1s1ons 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.
6.04.280
CONSTITUTIONALITY - SEPARABILITY
c:Y"
If any section, subsection, sentence, cla~, phraSe(~~portion of this
Ordinance is for any reason held(::1:n@sl~or unconstitutional, such
decision shall not affect the validity of the remaining portion of the
Ordinance.
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
-
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on December 12, 1995, and passed on January 9,
1996, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
r,' ABSTAIN:
1\'1 ~
2)ill>.d
_VICKI---KA ;l'Jr'CITY CLERK
t'::ITY :OF L1~KS-ELSINORE
COUNCILMEMBERS:
NONE
f3EAL) _ "
SilO'E 'OJ? CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 1003 of said Council, and that the
same has not been amended or repealed.
DATED: January 11, 1996
0)0,,1," j
l ~ ~-~-,~~,
'~'",I~s\.;:),_ CITY CLERF:
C;ITY ~F L1~~ "E:LSINORE
t SE,AL)
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