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HomeMy WebLinkAboutOrd. No. 2002-1082 ORDINANCE NO. 1082 - AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING, AMENDING AND DELETING DESIGNATED SECTIONS OF CHAPTER 6.04 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ANIMALS AND ANIMAL CONTROL OFFICERS WHEREAS, Chapter 6.04 of the Lake Elsinore Municipal Code established animal control within the City of Lake Elsinore; and WHEREAS, it is the purpose and intent of the City Council of the City of Lake Elsinore to add, amend and delete specified sections of Chapter 6.04 of the Lake Elsinore Municipal Code in order to update fees requirements and clarify the duties of Animal Control Officers. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That Section 6.04.010 is amended and restated as follows: 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: "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. "Animal Control Agency" shal~ mean the City of its designee, which may specifically include the City's contractor for animal control services. "Animal Control Director" means the Executive Director or similar executive officer of the Animal Control Agency or hislher designee. "Animal Control Officer" means the person or duly authorized agent of such person so designated by the City. "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. "City" shall mean the City of Lake Elsinore. - "Commercial cattery" means any building, structure, enclosure or premises whereupon, or within which five or more cats four months of age or older, are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. "Commercial kennel" means any building, structure, enclosure or premises whereupon, or within five or more dogs four months of age or older, are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. "Dog or cat owner" means any person harboring, pet sitting, caretaking, custodian, resident at which registered owner, licensed owner, any person in charge of the animal. "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 the Animal Control Agency. "Exotic animals" means any nondomestic animal and/or any animal not native to the Southern California area. - "Impounded" means an animal having been received into the custody of the Animal Control Officer authorized under the provisions of this chapter. "License inspections" means door to door canvassing by an Animal Control Officer for the purpose of determining whether dogs or cats have been vaccinated and are properly licensed. "Noisy animals" 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. "Noncommercial cattery" means any building, structure, enclosure or premises whereupon, or within which five to ten cats, four months of age or older, are kept or maintained for noncommercial reasons. Each cat must be altered by six months of age. "Noncommercial kennel" means any building, structure, enclosure or premises whereupon, or within which five to ten dogs, four months of age or older, are kept or maintained for noncommercial reasons. Each animal shall be individually licensed at four months and altered upon reaching six months of age. "Person" means any individual, firm, partnership, joint venture, corporation, association, club or organization. -- 2 - "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. "Public places" means and shall include, without limitation, streets, highways, fronts of places of businesses, carnivals, flea markets, swap meets and sidewalks. "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. "Unlicensed dog" means any dog four months of age or older, for which no valid license is currently in force within the incorporated area. "Vaccination" means an inoculation against rabies of any dog or cat four months of age or older of any vaccine prescribed for that purpose by the California Department of Health Services. "Potentially dangerous or vicious confinement" means any confinement of dog deemed potentially dangerous or 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 twelve foot by six foot high, to be entirely enclosed with an attached chain link top, to include an end protective area from the weather no less than four feet on top and four feet on either side, to be constructed with plywood or fiberglass on the outside of the kennel. Chain link is to be set in concrete flooring around the base of the kennel, and the kennel must be reinforced with a top and lower retaining rail; top is for support and the bottom is to serve as a safety guard against dog pulling chain link out of concrete. "Potentially dangerous or 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. SECTION 2: That Section 6.04.020 is amended and restated as follows: 6.04.020 Animal Control Fee Schedule. Dog licenses: 1 Year 2 Year 3 Year Unaltered dog Altered dog Senior citizen owned (age 62) (altered dog) $50.00 $10.00 $100.00 $15.00 $150.00 $20.00 $6.00 $7.00 $8.00 Cat licenses: Unaltered cat $37.00 $49.00 $61.00 3 Altered cat Senior citizen owned (age 62) (altered cat) $5.00 Other Fees for Dog and/or Cat licenses: Late fee Replacement tag Transfer fee Vicious Dog Registration Fee (in addition to license) Kennel/Cattery/Pet shop license Pet shop Commercial cattery Commercial kennel Noncommercial kennel Noncommercial cattery $20.00 $6.00 $2.00 $50.00 $100.00 $400.00 $400.00 $200.00 $200.00 $6.00 Late fee - 50% of the applicable one year license fee Impound Fees (in a 12 month period) Dog or cat unaltered Dog or cat altered Female dog or cat in season estrus Vicious dog Noisy animals Boarding Fees per day: Dogs and cats Horse, cattle, swine, goats, sheep Fowl Additional fees: Home quarantine - 3 visits required Shelter quarantine Owner assist calls 1st Time $30.00 $20.00 $30.00 $50.00 $50.00 $7.00 $7.00 $2.00 $45.00 $65.00 4 $6.00 $8.00 2nd Time $40.00 $30.00 $50.00 $75.00 $75.00 $10.00 $7.00 3rd Time $50.00 $40.00 $70.00 $100.00 $100.00 Transportation cost - per mile Man-hours per hour during business hours Euthanasia, per animal 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 $0.45 $45.00 $20.00 $25.00 $45.00 $20.00 $75.00 $25.00 $40.00 Noisy Animals response charge. See Section 6.04.245G. SECTION 3: That the following Section 6.04.030(E) is deleted in its entirety: E. The owner of any unaltered dog or cat shall be required to obtain a breeding permit in addition to the required license. SECTION 4: That Section 6.04.070(B)(I) is amended and restated as follows: 1. The kennel, cattery or pet shop is constructed, equipped and maintained so as to continuously provide a healthful and sanitary environment for all animals, including dogs and cats kept, or to be kept therein; SECTION 5: That Section 6.04.100 is amended and restated as follows: 6.04.100 Sterilization of adopted animals. A. Except as provided herein, no unclaimed dog or cat shall be released for adoption without being sterilized. B. If a veterinarian licensed to practice veterinary medicine in this State certifies that the dog or cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered, the adopter or purchaser shall pay the Animal Control Agency a deposit of fifty dollars ($50). The deposit shall be temporary, and shall only be retained until the dog or cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this State. The dog or cat shall be spayed or neutered within 14 business days of that certification. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. If the adopter or purchaser presents proof of spaying or neutering to the Animal Control Agency within 30 business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the deposit. - 5 SECTION 6: That the following subsection G is added to Section 6.04.120: G. To conduct License inspections to insure that all dogs and cats four (4) months of age or older have been vaccinated and are properly licensed. SECTION 7: That Section 6.04.160(J) is amended and restated as follows: 1. For any person to abandon any animal without care of any public or private property. Any animal abandoned may be impounded and disposed of in a humane manner. At least seventy-two 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 contract is not made with the Animal Control Agency within seventy-two hours. When it is found that a house is vacant or condemned, the animal may be removed immediately and held for five days. If, in the opinion of the Animal Control Officer, immediate impoundment is necessary for the preservation of the public health or safety, or the health and welfare of the animal, said animal shall be impounded and held for five days, pending contact of the owner or person having control of said animal. SECTION 8: That the following subsection L is added to Section 6.04.160: L. For the owner or person in charge thereof of any vicious dog to fail to comply with an order issued pursuant to Section 6.04.250(G). SECTION 9: That Section 6.04.180 is amended and restated as follows: 6.04.180 Animals unattended 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. The 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 6.04.180A, where the owner may regain custody of it, and that the owner will be liable for impound fees and costs. C. Exceptions. 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. 6 SECTION 10: That Section 6.04.220(A) is amended and restated as follows: A. An y 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 bi-weekly basis. Any extreme conditions would be considered a cruelty and would be cited pursuant to Section 6.04.210. SECTION 11: That Section 6.04.245(C ), (D), (E), (F)[l st paragraph only], (F)(3), and (G)(4) are amended and restated as follows: 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 ContI'ol Agency (the "Animal Control Hearing Officer") 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 ofthe 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 Officer shall be open to the public. The Animal Control Hearing Officer may admit all relevant evidence, including incident reports and affidavits of witnesses; the Officer may limit the scope of discovery and may shorten the time to produce records or witnesses. The Animal Control Hearing Officer may decide all issues even if the owner or person in charge, custody, or control of the animal fails to appear at the hearing. The Animal Control Hearing Officer may find, upon a preponderance of the evidence, that the animal is a noisy animal and that the maintenance of such noisy animal is a public nuisance. E. Determination and order. Within ten working days after the conclusion of the hearing held pursuant to paragraph D above, the Animal Control Hearing Officer shall by certified mail return receipt requested, notify the owner(s) or person(s) having charge, custody, or control of the animal of the Officer's determination and any orders issued. If the Animal Control Hearing Officer determines that the animal is a noisy animal and that the maintenance thereof is a public nuisance, the owner or keeper of the animal shall comply with the Officer's order within five days after the date of the mailing of the determination and order. The decision of the Animal Control Hearing Officer shall be final, subject to the provisions of State law. 7 - F. Administrative abatement measures. The Animal Control Hearing Officer may, as part of its determination that the animal is a noisy animal and the maintenance thereof a public nuisance, direct that appropriate actions be taken to abate the nuisance, including without limitation one or more of the following: [Parts 1 and 2 are unchanged]. 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 Officer and at the expense of the animal's owner or the person having charge, custody, or control of said animal. [6.04.245(G)(4)] 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 Officer, which hearing shall be within fifteen business days after receipt of the appeal. The Animal Control Officer shall issue a written decision on the appeal 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 Officer shall be final. If, after the hearing before the Animal Control Hearing Officer, the appeal is denied in part or in whole, all amounts due to the City shall be paid within thirty days of the date of the mailing of the decision of the Animal Control Hearing Officer. SECTION 12: That Section 6.04.250(J) is amended and restated as follows: J. Vicious or unsafe animal registration fee. An animal that has been deemed vicious or unsafe will be required to register the animal with the Animal Control Agency in addition to obtaining all other necessary licenses. The fees for registering a vicious animal license are established in Section 6.04.020. Failure to renew the registration will result in impoundment of the animal and a citation will be issued as a misdemeanor. SECTION 13: SEVERABILITY If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions ofthis Ordinance and are hereby declared to be severable. SECTION 14: NOTICE OF ADOPTION The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 15: EFFECTIVE DATE 8 - This Ordinance shall take effe~t thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 28 day of May roll call vote: , 2002, by the following AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this R day of June following roll call vote: , 2002, by the AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE GENIE , Mayor ATTEST: i~~ APPROVED AS TO FORM: 9 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 introduced and read by title only for adoption on the 28th day of May, 2002; approved upon second reading by title only on the 11 th day of June, 2002, by the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: <Zf.;o:tJ COUNCILMEMBERS: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE NONE 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 HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No.1 082 of said Council, and that the same has not been amended or repealed. 0~June 12,2002 VICKI ~TY CLERK CITY OF LAKE ELSINORE (SEAL)