The URL can be used to link to this page

Home My WebLink AboutOrd. No. 1998-1033 CITY OF LAKE ELSINORE ORDINANCE NO. 1033 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 6. 04 "ANIMALS AND ANIMAL CONTROL OFFICERS", OF THE LAKE ELSINORE MUNICIPAL CODE. - THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 6.04, "Animals and Animal Control Officers" is hereby amended as follows: A. A new section 6.04.010 'V' is hereby added to read as set forth in Exhibit 1 which is attached hereto and incorporated herein by reference. B. Section 6.04.030 is amended to add the following: 1. Impounds Noisy Animals 1st Time $50.00 2nd Time $75.00 3rd Time $100.00; and 2. Additional Fees: Noisy Animal Response Charge See section 6.04.245 G C. section 6.04.160 "I" is hereby amended to read as set forth in Exhibit 2 which is attached hereto and incorporated herein by reference. - D. A new section 6.04.245 is hereby added to read as set forth in Exhibit B which is attached hereto and incorporated herein by reference. SECTION II. The attached Chapter 6.04, "Animals and Animal Control Officers" sections 6.04.010, 6.04.020, 6.04.030, 6.04.160 Subsection I, and 6.04.250 Subsections B through J, is hereby adopted. SECTION IV This ordinance shall take effect as provided by law. INTRODUCED and APPROVED UPON FIRST READING this 13th day of January, 1998, upon the following roll call vote: AYES: Councilmembers: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ABSTAIN: Councilmembers: NONE ~SSED, APPROVED, and ADOPTED UPON SECOND READING this 27th day of January , 1998, upon the following roll call vote: - AYES: Councilmembers: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ABSTAIN: Councilmembers: ORDINANCE NO. 1033 ATTEST: - ... (I( ('~ ll~~it .. Vicki Kas~d, City Cle k APPROVED AS TO FORM & LEGALITY: - ORDINANCE NO. 1033 PAGE 2 EXHIBIT 1 V) 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. EXHIBIT 2 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 Section 6.04.245 of this Code 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. ORDINANCE NO. 1033 PAGE 3 EXHIBIT 3 6.04.245 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 Lake Elsinore 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 party or, if such notice cannot be safely make, 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/her designee, shall make a reasonable attempt to speak with the reasonable party regarding the Noisy Animal Warning Notice within five days of its issuance. If within five 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 months after the issuance of a Noisy Animal Warning Notice, the Animal Control Director, or his/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 Lake Elsinore Animal Friends Animal Control Agency (the "Animal Control Hearing Board") and Notice of Hearing shall be issued by the Animal Control Director, or his/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 Lake Elsinore 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 ORDINANCE NO. 1033 PAGE 4 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 Board shall be open to the public. The Animal Control Hearing Board may admit all relevant evidence, including incident reports and affidavits of witnesses; the Board may limit the scope of discovery and may shorten the time to produce records or witnesses. The Animal Control Hearing Board 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 Control Hearing Board upon a majority vote 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. Upon the conclusion of the hearing, the Animal Control Hearing Board shall orally announce the decision as to whether a public nuisance has been found to exist on the premises. E) Determination and Order. Within three working days after the conclusion of the hearing held pursuant to Section D above, the Animal Control Hearing Board shall by certified mail return receipt requested, notify the owner(s) or person(s) having charge, custody, or control of the animal of the Board's determination and any orders issued. If the Animal Control Hearing Board 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 comply with the Board's order within five days after the date of the mailing of the determination and order. The decision of the Animal Control Hearing Board shall be final, subject to the provisions of State law. F) Administrative Abatement Measures. The Animal Control Hearing Board 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: 1. 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. 2. 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. 3. 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 Board and at the expense of the animal's owner or the person having charge, custody, or control of said animal. 4. 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 cha~ge, custody, or control of the animal. 5. Require the animal to be debarked at the expense of the owner of said animal. 6. 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. 7 . 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 set forth in Section 6.04.020 hereof. ORDINANCE NO. 1033 PAGE 5 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: 1. 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. 2. The Animal Control Director, or his/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 apid within thirty 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. 3. Any noisy Animal Response Charge charged pursuant to this Section shall be deemed a civil debt owing to the City by the responsible party. 4. Any person receiving a bill for a Noisy Animal Response Charge may, within fifteen 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 Board, which hearing shall be within fifteen business days after receipt of the appeal. The Animal Control Board shall issue a written decision on the apeal within ten 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 Board shall be final. If, after the hearing before the Animal Control Hearing Board, the appeal is denied in part or in whole, all amounts due to the City shall be paid within thirty days of the date of the mailing of the decision of the Animal Control Hearing Board. CHAPTER 6.04 ANIMALS AND ANIMAL CONTROL OFFICERS SECTIONS: 6.04.010 DEFINITIONS 6.04.020 ANIMAL CONIROL FEE SCHEDULE 6.04.030 FEES - DOGS 6.04.040 VACCINATION REQUIREMENTS 6.04.050 LICENSE INFORMATION - TAGS 6.04.060 KENNELS AND CATTERIES 6.04.070 KENNELlCATIERY LICENSE APPLICATION AND ISSUANCE CONDmONS 6.04.080 RECORDS OF DOGS AND CATS SOLD 6.04.090 KENNEL, CATIERY AND PET SHOP INSPECTIONS 6.04.100 STERILIZATION OF ADOPTED ANIMALS 6.04.110 NON-PROFIT ORGANIZATIONS 6.04.120 DUTIES OF ANIMAL CONIROL OFFICERS 6.04.130 ANIMALCONfROL OFFICERSlENFORCEMENT DUTIEs! ENTRANCE UPON PRIVATE PROPERTY 6.04.140 DOG IMPOUNDMENT REGULATIONS 6.04.150 FEES AND CHARGES 6.04.160 UNLAWFUL ACTS DESIGNATED 6.04.170 TRANSPORTING OF ANIMALS 6.04.180 ANIMALS UNATTENDED IN MOTOR VEHICLES 6.04.190 USE OF STREETS, SIDEWALKS, 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 SEASON (ESTRUS) 6.04.240 ISOLATION OF ANIMALS - RABIES PRECAUTION 6.04.245 NOISY ANIMAL 6.04.250 VICIOUS OR UNSAFE ANIMALS 6.04.260 KEEPING OF EXOTIC ANIMALS 6.04.270 KEEPING OF EXOTIC ANIMALS - EXCEPTIONS 6.04.280 VIOLATION - PENALTY 6.04.290 CONSTITUTIONALITY - SEPARABILITY 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) 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 devise 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. -1- 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. l) IMPOUNDED means having been received into the custody of the animal control authorized under the provisions of this chapter. 1) 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 of 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 vicious, 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. 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. -2- U) PUBLIC PLACES means and shall include, without limitations, streets, highways, fronts of places of businesses, carnivals, flea markets; swap meets, and sidewalks. V) 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. 6.04.020 ANIMAL CONTROL FEE SCHEDULE DOG LICENSES: Unaltered Dog Altered Dog Senior Citizen (age 60) (altered dog) CAT LICENSES: Unaltered Cat Altered Cat Senior Citizen (age 60) (altered cat) 1 YEAR $25.00 $10.00 $3.00 $12.00 $6.00 $3.00 2 YEAR $50.00 $15.00 $5.00 $24.00 $8.00 $4.00 3 YEAR $75.00 $20.00 $7.00 $36.00 $10.00 $5.00 $15.00 LATE FEE: $20.00 LATE FEE SENIOR CITIZEN (altered): REPLACEMENT TAG: $6.00 TRANSFER FEE: $2.00 PENALTY FEE FOR AN UNLICENSED, IMPOUNDED DOG. L.E.A.F. option: BREEDING PERMIT: $25.00 per year Violation of breeding permit: $100.00 1ST TIME $30.00 2ND TIME 3RD TIME $200.00 $300.00 KENNELIPET SHOP LICENSE: Pet Shop $100.00 Non-commercial Cattery $120.00 Commercial Cattery $160.00 Non-commercial Kennel $120.00 Commercial Kennel $160.00 Late Fee - 50% of the applicable one (1) year License Fee. IMPOUNDS: . (in a 12 month period): Dog or Cat Unaltered Dog or Cat Altered Female Dog or Cat in Season-Estrus Vicious Dog Noisy Animal BOARD: Per Day - Dogs & Cats Horse, Cattle, Swine, Goats, Sheep Fowl 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 Pick up 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 Noisy Animal Response Charge -3- 1ST 1'IME $30.00 $20.00 $30.00 $50.00 $50.00 $5.00 $5.00 $2.00 2ND TIME $40.00 $30.00 $50.00 $75.00 $75.00 $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 (1000.10 of related costs) 3RD TIME $50.00 $40.00 $70.00 $100.00 $100.00 6.04.030 - FEES-DOGS AND CATS: 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 #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) 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 #6.04.010. C) 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. D) No fee shall be required for a license for any dog being reared, possessed and under the control of a blind person, hearing impaired person, or other certified dogs that are trained to assist the handicapped or police dogs used in the course and scope of their employment by peace officers. E) The owner of any unaltered dog or cat shall be required to obtain a Breeding Permit in addition to the required license. 6.04.030 - V ACCINA TION REOUlREMENTS A) 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 vaccination, the brand or type of each dog or cat and the name of the owner of said dog or cat. B) Each veterinarian after vaccinating any dog or cat shall sign a certificate of vaccination in duplicate in the form required by the Health Officer. The veterinarian shall keep one (1) copy, shall give one (10) 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. 6.04.050 - 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 ofan individual dog 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 and the year for which issued. E8ch 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 - KENNELS AND CATTERIES A) It is unlawful for any person to own or operate a commercial kennel, non-commercial kenne~ 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 -4- 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. 6.04.070 - KENNEL OR CATTERY PERMITILICENSE - APPLICA nON AND ISSUANCE CONDmON 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 permitllicense 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 kenne~ 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, and examination of the kennel, cattery or pet shop, and the permitllicense 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 consln!cted, 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 portable 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. The person applying for the permitllicense has not been convicted of the crime of cruelty to animals, whether in this State or ~y 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. 10. Living quarters for human habitation shall not be considered adequate for a commercial kennel or cattery or a pet shop. C) The AnimaI Control Agency or their designee shall have the authority to enter upon the premises in which a kenne~ 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. -I- D) The Animal Control Agency may deny an application for a pennitllicense required by this chapter, whether original or renewal, or suspend or revoke such a pennitllicense 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 pennitllicense, setting forth the reasons for such a denial, suspension or revocation. Such notice shall be served personally on the applicant or licensee, or sent by certified mail, postage pre-paid, return receipt requested to the applicant or licensee. Such notice of denial, suspension or revocation shall be effective thirty (30) days after renewal service or mailing thereof. Any person who has an application denied, suspended or revoked, may appeal such 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 resolution of#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 decision. In conducting the hearing, the Council shall not be limited by the technical rules of evidence. 6.04.080 - 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, ~d 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 the be provided to the Animal Control Agency or their designee monthly within ten (10) calendar days after the last day of each month. 6.04.090 - KENNEL. CATTERY AND PET SHOP INSPECTIONS Because of the need to adequately protect animals within kennels, catteries and pet shops from unhealthy conditions and practices, reasonable inspection requirements dictate that the Animal Control Agency or their designee shall have the right to inspect kennels, catteries and pet shops at reasonable times, as a condition of the issuance of a kenne~ cattery or pet shop pennitllicense. 6.04.090A - 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 di~lose 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. 6.04.100 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- \ 6.04.110 - NON-PROFIT CORPORA nONS 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. 6.04.120 - DUTIES OF ANIMAL CONTROL OFFICER It shall be the duty of 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. 3. Any dog or cat which is molesting or harassing animals, bird or pets upon the premises of any person. 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 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 ifunknown, then the dog shall be impounded. D) To follow the provisions of Penal Code 597 in h~ely destroying or giving emergency care to sick or injured dogs or cats. E) To do and perform any other acts necessary to cany 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. 6.04.130 - ANIMAL CONTROL OFFICERS-ENFORCEMENT DUTIES- 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 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. 6.04.140 - DOG AND CAT IMPOUNDMENT REGULA nONS 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. -7- 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 or cat 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 license 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, cats or any other animal to any person, or institution for Uie 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. 6.04.150 - FEES AND CHARGES The fees, penalties, and charges are as set in #6.04.010 of this Title. 6.04.160 - 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 or cat 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. E) F or 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. 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 pennitted to leave the premises of the owner or person in charge thereofunless such dog is securely muzzled, leashed, and under the control of a person eighteen (18) years of age or older and who is physically capaqle of restraining said animal. -8- 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 or catt 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. I) For any perso~ after being informed in writing that such person's animal has been declared a Noisy Animal in accordance with the provisions of Section 6.04.025 of this Code and that the maintenance of a noisy animal is a public nuisance to failt 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 which is abandoned may be impounded and disposed ofin 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 animals 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) F or 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 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. 6.04.170 - TRANSPORTING OF 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. 6.04.180 - ANIMALS UNA TIENDED IN A MOTOR VEHICLE 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 removedt 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 ordinance #6.04 .170A., where the owner may regain custody of it, and that the owner may be liable for impound fees and costs. C) Exc~ptions - This chapter is not applicable to animals which are in a peace officers vehicle or an Animal Control vehicle while such officers are engaged in their regularly assigned duties. 06.04.190 - USE OF STREETS. SIDEWALKS. PUBLIC PLACES -9- \ 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 Elsmore as pets or novelties any fish, turtle, snake, lizard, chameleon, bird, cat, dog, fowl, guinea pig, rabbit, or other reptile or animal. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance. 6.04.200 - TRAPS AND CAGES Humane traps that have been approved by the Animal Control Officer are pennitted to be used within the City of Lake Elsinore to be used to trap and 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 (10) 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. 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 twenty thousand dollars ($20,000.) or by both the fine and imprisonment, or alternatively, by imprisonment in the county jail for not more than on (1) year, or by a fine of not more than twenty thousand dollars ($20,000.) or by both the fine and imprisonment. B) Every person who tortures, torments, 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 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, ifany 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. 6.04.220 - ANIMAL SANITA nON -10- A) Any area occupied by any animal is to be maintained in a sanitary manner. Water is to 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 haviI)g 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. 6.04.230 - FEMALE DOGS ANl> CATS IN SEASON (J.:STRUS) 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 ofa misdemeanor. 6.04.240 - ISOLA nON OF ANIMALS - RABIES PRECAUTIO~ 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 owners expense for a period often (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 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 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 aftlicted 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 form 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, in 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 a sign posted pursuant to this section without permission of the Animal Control Officer first obtained in writing. D) 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. E) Whenever any animal is bitten by another animal h8ving 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 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, the shall have the authority to take such measures as my 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 days (120). 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 -11- be upon such conditions as the Animal Control Officer may determine and declare. G) The City of Lake Elsinore 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. 6.04.245 ~OISY 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 Lake Elsinore 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 party or, if such notice cannot be safely make, 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/her designee, shall make a reasonable attempt to speak with the reasonable party regarding the Noisy Animal Warning Notice within five days of its issuance. If within five 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 shp.ll 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 months after the issuance of a Noisy Animal Warning Notice, the Animal Control Director, or his/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 Lake Elsinore Animal Friends Animal Control Agency -12- (the "Animal Control Hearing Board") and Notice of Hearing shall be issued by the Animal Control Director, or his/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 Lake Elsinore 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 Board shall be open to the public. The Animal Control Hearing Board may admit all relevant evidence, including incident reports and affidavits of witnesses; the Board may limit the scope of discovery and may shorten the time to produce records or witnesses. The Animal Control Hearing Board 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 Control Hearing Board upon a majority vote 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. Upon the conclusion of the hearing, the Animal Control Hearing Board shall orally announce the decision as to whether a public nuisance has. been found to exist on the premises. E) DETERMINATION AND ORDER. Within three working days after the conclusion of the hearing held pursuant to Section D above, the Animal Control Hearing Board shall by certified mail return receipt requested, notify the owner (s) or person (s) having charge, custody, or control of the animal of the Board's determination and any orders issued. If the Animal Control Hearing Board 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 comply with the Board's order within five days after the date of the mailing of the determination and order. The decision of the Animal Control Hearing Board shall be final, subject to the provisions of State law. F) ADMINISTRATIVE ABATEMENT MEASURES. The Animal Control Hearing Board 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: 1. 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. 2. 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. 3. 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 Board and at the expense of the animal's owner or the person having charge, custody, or control of said animal. -13- 4. 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. 5. Require the animal to be debarked at the expense of the owner of said animal. 6. 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. 7. 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 set forth in Section 6.04.020 hereof. 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: 1. 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 wi th 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. 2. The Animal Control Director, or his/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 apid within thirty 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. 3. Any noisy Animal Response Charge charged pursuant to this Section shall be deemed a civil debt owing to the City by the responsible party. 4. Any person rece1v1ng a bill for a Noisy Animal Response Charge may, within fifteen 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 Board, which hearing shall be within fifteen business days after receipt of the appeal.. The Animal Control Board shall issue a written decision on the apeal within ten days of the close of the hearing, which decision shall be mailed by certified mail, return receipt requested to the -14- I I j appellant. The decision of the Animal Control Hearing Board shall be final. . If, after the hearing before the Animal Control Hearing Board, the appeal is denied in part or in whole, all amounts due to the City shall be paid wi thin thirty days of the date of the mailing of the decision of the Animal Control Hearing Board. 6.04.250 - 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 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 viciou, unsafe or 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 Section 6.04.240 A of this title for biting a human being and any incident reported either to the Sheriffs 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 Sheriffs 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. D) CONFINEMENT OF VICIOUS, OR UNSAFE ANIMAL. Whenever the Sheriffs 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 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 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 th~ animal, the Sheriffs 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 2S 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 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 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 Section 31621. -15- G) FINDING, PUBLIC NUISANCE. It: based upon the hearing, the Animal Control Agency finds that the animal is vicious, unsafe, or noisy 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 deemed a public nuisance and shall be, pursuant to the order of the Animal Control Agency, humanely destroyed, 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 destroyed 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 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 Section 31621. H) COST OF IMPOUNDMENT. If the Aninial Control Agency finds the animal is vicious, unsafe, or noisy and subject to abatement, the costs of inlpoundment 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 if 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 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 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. 1) VICIOUS OR UNSAFE ANIMAL LICENSE. An animal that bas 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. 6.04.260 - KEEPING OF EXOTIC ANIMALS It is hereby unlawful for any person, !inn 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. 6.04.270 - 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 ownerlkeeper 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. -16- 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. 6.04.290 - CONSTITUTIONALITY - SEPARABILITY If any section, subsection, sentence, clause, phrase of portion of the Ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of the Ordinance. -17- KENNEL, CATTERY OR ,PET SHOP APPLICATION NAME OF PERSON APPLYING TELEPHONE HOME ADDRESS ZIP CITY LOCATION OF FACILITY (If different from above) ARE YOU APPLYING FOR A: _PET SHOP PERMIT _COMMERCIAL KENNEL PERMIT _NON COMMERCIAL CATTERY PERMIT _COMMERCIAL CATTERY PERMIT _NON COMMERCIAL KENNEL PERMIT HOW MANY ANIMALS WILL BE HOUSED IN FACILITY? IS THE STRUCTURE ENCLOSED OR OUTDOORS? WILL THE FACILITY BE USED FOR BREEDING? IS THE LOCATION ZONED RESIDENTIAL_COMMERCIAL HOW MANY PERSONS WILL BE EMPLOYED? WHAT TYPE OF MATERIAL IS THE PERIMETER FENCE? HOW TALL? WILL THE ANIMALS BE BOARDED AT THE FACILITY OR PERSONAL PETS? WILL THERE BE TRAINING AT THIS FACILITY? HOURS STRUCTURE: MATERIAL THE PRIMARY STRUCTURE IS MADE OF FLOORING MATERIAL OF STRUCTURE HAVE YOU EVER BEEN CONVICTED OF A CRIME AGAINST ANIMALS? YEAR HAVE YOU BEEN DENIED A PERMIT OF THIS TYPE IN THE PAST? -18- KENNEL. CATTERY AND PET SHOP GUIDELINES A) STRUCTURAL STRENGTH Indoor and outdoor housing facilities shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals. Crates and boxes, automobile bodies, scrap materials salvaged from plyboards, odd pieces of material such as linoleum, tin, canvas and other such materials are not suitable and shall not be used. B) FENCING Any fencing shall be in conformance with planning/zoning requirements and be of suitable sturdy material anchored solidly to the ground in such a manner as to prevent animals from escaping by digging under the fence and of sufficient height to prevent animals from escaping. If necessary, to accomplish the intent of containment, a cover over the fenced area shall be installed. C) WATER AND ELECTRIC POWER Reliable and adequate electric power, if required to comply with other provisions of this chapter, and adequate potable water shall be available. D) STORAGE Supplies offood and bedding shall be stored in facilities with adequately protect such supplies against infestation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food. E) WASTE DISPOSAL Provisions shall be made for the removal and disposal of animal and food wastes, bedding, and debris. Disposal facilities shall be provided and operated as to minimize vermin infestation, odors, and disease hazards in compliance with local law. F) WASHROOMS AND SINKS Facilities, such as washrooms, basins, or sinks, shall be provided to maintain cleanliness among animal caretakers. . FACILITIES. INDOOR A) HEATING Indoor housing facilities shall be warm enough to protect the animals from cold. Sufficient clean bedding material or other means of protection shall be provided when the ambient temperature falls below that temperature to which an animal is acclimated. B) VENTILATION Indoor housing facilities shall be adequately ventilated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air either by means of window, doors vents or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as exhaust fans and vents of air conditioning, shall be provided when the ambient temperature is 8S degrees Fahrenheit or higher, within the indoor housing facility. C) LIGHTING Indoor housing facilities shall have ample light, by natural or artificial means, or both, of good quality and well distributed. Such lighting shall provide uniformly routine inspection and cleaning during the entire working period. Primary enclosures shall be so placed as to protect the animals from excessive illumination. D) INTERIOR SURFACES The interior building surfaces of indoor housing facilities shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized. E) DRAINAGE A suitable method shall be provided to rapidly eliminate excess liquid from indoor housing facilities. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of the room. FACll.ITIES. OUTDOOR A) SHELTER FROM SUNLIGHT When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all animals kept outdoors to protect themselves from the direct rays of the sun. -19- B) SHELTER FROM RAIN OR SNOW Animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. . C) SHELTER FROM COLD WEATHER Shelter shall be provided for all animals kept outdoors, when the atmospheric temperature falls below SO degrees Fahrenheit. Sufficient clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which the animal is acclimated. D) DRAINAGE A suitable method shall be provided to rapidly eliminate excess liquid. GENERAL REOUIREl\JENTS FOR P~RY ENCLOSURES Primary enclosures must be provided for all animals and shall confonn to the following requirements: A) Primary enclosures shall be structurally sound and maintained in good repair to protect the animals from injury, to contain them, and to keep other animals out. They shall be effectively enclosed. B) Primary enclosures shall be constructed and maintained so as to enable the animals to remain dry and clean. C) Primary enclosures shall be constructed and maintained so that the animals contained therein have convenient access to clean food and water. D) The floors of the primary enclosures shall be constructed so as to protect the animals' feet and legs from injury. ADDmONAL GENERAL REOUlREMENTS FOR PRIMARY ENCLOSURES HOUSING CATS A) In all enclosures having a solid floor, a receptacle containing sufficient clean litter shall be provided to contain excreta. B) Each primary enclosure shall be provided with a solid resting surface or surfaces which, in the aggregate, shall be of adequate size to comfortable hold all occupants of the primary enclosure at the same time. Such resting surfaces shall be elevated in primary enclosures housing two or more cats. C) Not more than 12 adult cats shall be housed in the same primary enclosure. GENERAL SPACE REOUlREMENTS FOR KENNELS Primary enclosures must be large enough so that the animals in them can obtain adequate exercise. Any separate kennel houses used as sleeping quarters must provide sufficient space to allow each animal to turn about freely, stand easily, sit and lie in a comfortable enclosure or kennel house that does not provide adequate space as required by this chapter. ADDmONAL SPACE REOUlREMENTS FOR DOGS IN KENNELS A) A primary enclosure shall never house more than 12 dogs or cats of any size. B) Passageways into kennel houses shall allow easy access for all dogs housed in them. Any dog confined to a kennel house which does not meet the space requirements for a primary enclosure shall be provided access to its primary enclosure after no more than 12 hours for sufficient time to allow adequate exercise. C) Any primary enclosure(s) and lor kennel house(s) of kennels which were not licensed on the effective date of this chapter and those completed or Installed in any kennel after the effective date of this chapter shall meet the following space requirements: -20- MINIMUM SPACE REOUlREMENTS width 2.0' 2.5' 3.0' 3.0' 3.5' 4.0' sq. footage 6.0' 10.0' 15.0' 18.0' 24.0' 32.0' kennel house width sq.footase 1.5' 3.0' 2.0' 5.0' 2.5' 7.5' 2.5' 9.0' 3.0' 12.0' 3.5' 14.0' weight of dog in pounds up to 15 lb. 15-35 lb. 35-65 lb. 65-95 lb. 95-130 lb. Over 13 0 lb. primary enclosure . If a primary enclosure or kennel house contains more than one dog, the minimum number of square feet required is the sum of the square feet's requirements for each individual dog kept therein. FEEDING A) Animals shall be provided food daily in which food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. B) Food receptacles shall be accessible to all animals and shall be located so as to minimize contamination by excreta. Feeding pans shall be durable and kept clean. The food receptacles shall be kept sanitized. Disposable food receptacles may be used but must be discarded after each feeding. Self-feeders may be used for the feeding or dry food, and they shall be sanitized to prevent molding, deterioration or caking offeed. WATER Clean potable water shall be available to the animals in conformance with the principles of good animal husbandry unless restricted for veterinary care. Watering receptacles shall be kept clean and shall be kept sanitized. SANITATION OF PRIMARY ENCLOSURES AND KENNEL HOUSES A) CLEANING Excreta shall be removed from primary enclosures and kennel houses as often as necessary, at least daily, to prevent contamination of the animals contained therein and to reduce disease hazards and odors. When a hosing or flushing method is used for cleaning, any animal contained in the enclosure shall be protected during the cleaning process; and adequate measures shall be taken to protect the animals in other such enclosures from being contaminated with water and other wastes. Rugs, blankets, or other bedding material shall be kept clean and dry. B) SANITIZING Prior to the introduction of new animals into empty primary enclosures previously occupied, such enclosures shall be sanitized in the manner provided herein. Enclosures shall be sanitized often enough to prevent an accumulation of debris or excreta, or a disease hazard. The following procedures shall be followed: . · Cages, rooms and hard-surfaced pens or runs shall be sanitized by washing them with hot water (180 degrees Fahrenheit) and soap or detergent or by washing all solid surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with live steam. Pens or runs using gravel, sand or dirt shall be sanitized by removing the soiled gravel, sand or dirt and replacing it as necessary. C) HOUSEKEEPING Premises (buildings and grounds) shall be kept clean and in good repair in order to protect the animal from injury and to facilitate the prescribed husbandry practices. Premises shall remain free of accumulations of trash._ -21- . . D) PEST CONTROL An effective program for the control of insects, ectoparasites, and avian and mammalian pests shall be established and maintained. E) EMPLOYEES A sufficient number of caretakers shall be utilized to maintain the standards set forth in this chapter. CLASSIFICATION AND SEPARATION Animals housed in the same primary enclosure shall be maintained in compatible groups, with the following additional restrictions. A) Females in season (estrus) shall not be housed in the same primary enclosure with males, except for breeding purposes. B) Any animal exhibiting a vicious disposition shall be housed individually in a primary enclosure. C) Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams, except when the owner specifically requests they be housed together. D) Dogs shall not be housed in the same primary enclosure with cats, not shall dogs or cats be housed in the same primary enclosure with any other species of animals. E) Animals under quarantine or treatment for a communicable disease shall be separated from other animals and other susceptible species of animals in such a manner as to minimize dissemination of such disease. RECORDS Kennel operators or pet shop operators shall keep available for inspection on the premises records that shall show the name, current address and telephone number of the owner of each animal kept at the kenne~ the description of the animal, including its age (ifknown) or approximate age, Breed, sex and color. As a part of such record, a current rabies certificate or other written proof of vaccination, verified by phone, shall be maintained for each dog or cat required to be vaccinated by this, Title, showing the dog or cats owner's name, including breed, color, sex, month and year of birth; the date of vaccination; and the name and telephone number of the veterinarian who vaccinated the dog or cat or telephone number of the agency verifying the vaccination. In addition, each kennel operator or pet shop operator shall have someone in attendance at the kennel who can identify each animal in the kennel, except that animals under four months of age may be identified as to litter. V ACClNA TION REOUUtED FOR INDIVIDUAL DOGS AND CATS A commercial kennel operator shall not be required to obtain the individual licenses imposed by this Title for each dog or cat in hislher kennel for which the kennel license is obtained; however, each kennel operator shall ensure that each dog or cat in hislher kennel is vaccinated as required by this Title. VIOLATION Any act or omission by a kennel or pet shop operator in contravention of this Title's requirements, or of any of the conditions or restrictions of the issued permit, shall be grounds for and shall authorize the suspension and/or the revocation by the Chief Animal Control Officer or his designee or a City Officials of the kennel or pet shop permit dependent of any criminal prosecution or results thereof. , , I i -22- STERILIZA nON OF CATS A) An owner of a cat over the age offour (4) months shall have the cat sterilized by a veterinarian if the cat is permitted outdoors. B) Violation of the section shall constitute an infraction. If the owner sterilizes the cat with thirty (30) days after receiving a citation, all penalties shall be waived. Citations will be accompanied by information on low-cost spay and neuter programs for first-time violators.. C) For purposes of the section, 'owner" means any person providing care or sustenance to the cat for a period of thirty (30) days or longer IDENTIFICA nON OF CATS Any cat permitted outdoors shall be marked in such a manner by its owner that its owner can be identified. Markings may include a microchip, tattoo, or tag placed on a safety, break-away collar. The first two (2) methods of marking must conform to generally accepted veterinarian standards. -23- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) ,.-- I I i 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 January 13, 1998, and passed on January 27, 1998, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: 2f~ I~VcJ VICKI KA~, CITY CLERK CITY OF LAKE ELSINORE NONE ; (SEAL) 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 above and foregoing is a full, true and correct copy of Ordinance No. 1033 of said Council, and that the same has not been amended or repealed. DATED: February 4, 1998 (- \ "' " . \ / G~' ){cu~~l VICKI &'AD, CITY CLERK CITY OF LAKE ELSINORE - (SEAL)