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Home My WebLink AboutPSAC Binder Packet 11-21-2018Public Safety Advisory Commission City of Lake Elsinore Regular Agenda LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 JAY STEWART, CHAIR JERRY CARLOS, VICE-CHAIR KELLY HENDLEY, COMMISSIONER ROGER MILLER, COMMISSIONER AGNES WILLIAMS, COMMISSIONER FARID DOST, SENIOR CIVIL ENGINEER Cultural Center6:00 PMWednesday, November 21, 2018 The City of Lake Elsinore appreciates your attendance. Public participation provides the Public Safety Advisory Commission with valuable information regarding issues of the community. Regular meetings are held on the 3rd Wednesday of every month. If you are attending this Public Safety Advisory Commission Meeting, please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on Historic Main Street. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall on the Friday prior to the Commission meeting and are available on the City’s web site at www.lake-elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the Public Safety Advisory Commission. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Manager's Office at (951) 674-3124, ext. 204 at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. CITY VISION STATEMENT The City of Lake Elsinore will be the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. Page 1 City of Lake Elsinore Printed on 11/16/2018 November 21, 2018Public Safety Advisory Commission Regular Agenda CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS 1) Traffic Engineer Update PUBLIC COMMENTS – NON AGENDIZED ITEMS – 3 MINUTES (Please read and complete a Request to Address the Advisory Commission form prior to the start of the meeting and turn it in to the Clerk. The Chair or Clerk will call on you to speak.) CONSENT CALENDAR ITEM(S) (All matters on the Consent Calendar are approved in one motion, unless a Commissioner or member of the public requests separate action on a specific item.) 1)Minutes of the Regular Meeting of September 19, 2018 and the Cancelled Meeting of October 17, 2018 Recommendation:Approve the minutes. 09-19-2018 Minutes 10-17-2018 Cancelled Attachments: BUSINESS ITEM(S) 2)Ordinance amending Chapter 9.30 of the Lake Elsinore Municipal Code regarding Security Alarm Systems Recommendation:Review and discuss proposed changes to Lake Elsinore Municipal Code (LEMC) Chapter 9.30 regarding Security Alarm Systems and refer to the City Council for consideration. False Alarm Enforcement - SR False Alarm Enforcement - Exhibit A Municipal Code False Alarm Enforcement - Exhibit B Amended and Restated Ch. 9.30 False Alarm Enforcement - Exhibit C Other City Municipal Codes Attachments: 3)Discuss and Review Existing Municipal Codes Related to Animals Recommendation:Discuss and recommend proposed amendments to Lake Elsinore Municipal Code Title 6 regarding Animals including adding Chapter 6.06 regarding mandatory spay, neuter and microchip and amending Chapter 6.04 to remove cat licensing requirements. Mandatory Spay. Neuter and Microchip - SR Mandatory Spay, Neuter and Microchip - Exhibit A Removal of Cat Licensing Mandatory Spay, Neuter and Microchip - Exhibit B Chapter 6.06 of LEMC Attachments: Page 2 City of Lake Elsinore Printed on 11/16/2018 November 21, 2018Public Safety Advisory Commission Regular Agenda SUBCOMMITTEE REPORTS STAFF COMMENTS COMMISSIONERS' COMMENTS ADJOURNMENT The Lake Elsinore Public Safety Advisory Commission will adjourn to the Regularly meeting of Wednesday, December 19, 2018, at 6:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore. AFFIDAVIT OF POSTING I, Luz Reyes, Acting Secretary of the Public Safety Advisory Commission, do hereby affirm that a copy of the foregoing agenda was posted at City Hall at ______ p.m. on November 16, 2018. ________________________ Luz Reyes Acting Secretary Page 3 City of Lake Elsinore Printed on 11/16/2018 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-881 Agenda Date: 11/21/2018 Status: Presentation/CeremonialVersion: 1 File Type: ReportIn Control: Public Safety Advisory Commission Agenda Number: Page 1 City of Lake Elsinore Printed on 11/16/2018 Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-882 Agenda Date: 11/21/2018 Status: Consent AgendaVersion: 2 File Type: MinutesIn Control: Public Safety Advisory Commission Agenda Number: 1) Page 1 City of Lake Elsinore Printed on 11/16/2018 Page 1 City of Lake Elsinore Public Safety Advisory Commission Regular Meeting Minutes Wednesday, September 19, 2018 Call to Order A Regular meeting of the Public Safety Advisory Commission (PSAC) was held in the Cultural Center, 183 North Main Street, on the above date. The meeting was called to order at 6:01 p.m. by Chair Stewart. Pledge of Allegiance The Pledge of allegiance was led by Vice-Chair Carlos Roll Call Present: Commissioners Hendley, Miller, and Williams; Vice-Chair Carlos and Chair Stewart Absent: None Presentations 1) Traffic Engineer Update – Senior Civil Engineer Dost provided a Power Point presentation, spoke on the Railroad Canyon Road and Camino Del Norte projects, and; responded to the Commissioners’ and resident’s questions. Public Comments – Non Agendized Items There were no members of the public appearing to speak. Consent Calendar Items It was moved by Chair Stewart, seconded by Vice-Chair Carlos, and unanimously carried, to approve the Consent Calendar. 1) Minutes of the Regular Meeting of July 18, 2018 and the Cancelled Meeting of August 15, 2018. – approved the minutes. Business Items 2) Active Transportation Program (ATP) Projects Senior Civil Engineer Dost provided a Power Point presentation updating the Commission on the Murrieta Creek Trail, Lakeshore Drive Sidewalk, East Lakeshore Drive, and the Machado Street Sidewalk and Bike Lane projects, and; responded to questions from the Commission. It was moved by Commissioner Miller, seconded by Chair Stewart, and unanimously carried, to receive and file the Active Transportation Program update. Page 2 Staff Comments Senior Civil Engineer Dost shared that the City is now preparing for the rain and any possible flooding due to the Holy Fire. Commissioner Williams asked if anything was going to be presented to the Commission and if the Commissioners were going be involved with preparations of the rains and emergency response? Senior Civil Engineer Dost informed Commissioner Williams that he will find out. Commissioners' Comments Commissioner Miller thanked the City for the outstanding job on the Holy Fire, shared he was one of the ones evacuated, and; stated school safety needs to be addressed before someone gets hurt. Chair Stewart stated the improvements that were made to improve traffic flow are no longer working, and asked if there should be a Subcommittee put together to try to help with the issues? Commissioner Hendley stated the first week of school there was police presences and many parents received tickets. She believes the schools need that intermittence of the police presence to help with some of the issues. Chair Stewart stated the Commission needs to work with the Police Department for the school issues. Senior Civil Engineer Dost stated he will speak with Chief Anne and ask him to come speak with the Commission. Vice-Chair Carlos commented that you need to be patient when driving during school traffic. Commissioner Williams recommends to visit www.rivcoready.org and www.ready.gov to prepare yourself for emergencies and financial planning, and; stated she would like to attend the 9-week training in Palm Springs. Commissioner Hendley expressed her gratitude to all the first responders on the amazing job, and to the School District; stated there will be a phone installed at the Lakeside High School pool area for the Aquatic Program which is ran by Recreation Supervisor Davis to use. Vice-Chair Carlos mentioned that Chief Anne would like to have a couple of the Commissioners at the Indio event. Chair Stewart gave kudos to Senior Civil Engineer Dost for the great job on the parking lot across the street, to the City Council Members for the coordination with the first responders, and the updates on the fire, to all City staff, and; advised that all Commissioners get CERT trained. Adjournment The meeting adjourned at 7:01 p.m. to the Regular meeting on Wednesday, October 17, 2018, in the Cultural Center located at 183 N. Main Street. Jay Stewart Luz Reyes Chair Acting Secretary City of Lake Elsinore Public Safety Advisory Commission Regular Meeting Minutes Wednesday, October 17, 2018 A meeting of the Public Safety Advisory Commission of the City of Lake Elsinore was not held on this date due to a lack of quorum. Jay Stewart Jay Stewart Chair Luz Reyes Luz Reyes Acting Secretary Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ORD 2018-1 Agenda Date: 11/21/2018 Status: BusinessVersion: 1 File Type: OrdinanceIn Control: Public Safety Advisory Commission Agenda Number: 2) Page 1 City of Lake Elsinore Printed on 11/16/2018 Page 1 of 2 REPORT TO PUBLIC SAFETY ADVISORY COMMISSION To: Honorable Chairman and Members of The Public Safety Advisory Commission From: Nicole Dailey, Assistant to City Manager Date: November 20, 2018 Subject: Security Alarm Systems & False Alarm Enforcement Recommendation Review and discuss proposed changes to Lake Elsinore Municipal Code (LEMC) Chapter 9.30 regarding Security Alarm Systems and refer to the City Council for consideration. Background On August 14, 1984, the City Council adopted Ordinance No. 715 adding Chapter 9.30 to the LEMC regulating Security Alarm Systems. The municipal code remains in effect today. However, due to former concerns from the community, for several years the municipal code has not been proactively enforced. Each year, public safety costs for the City have risen substantially. Therefore, the City must find ways to reduce and/or recover costs associated with public safety. At the direction of the City Council, staff has begun to actively enforce Chapter 9.30 regarding Security Alarm Systems by issuing warnings and encouraging our residents and business to take steps to prevent nuisance false alarm calls. Discussion City’s law enforcement and fire personnel regularly respond to false security alarm calls within our community. As a result, both agencies are forced to direct limited resources to these false alarm calls rather than other priority public safety calls. Currently, the existing municipal code provides provisions and penalties associated with excessive false alarm calls related to commercial businesses. However, they were established more than 30 years ago. Therefore, staff is requesting that the Public Safety Advisory Commission carefully reviews the municipal code to ensure it is enforceable and comparable to the provisions of other cities. Attached you will find the original municipal code as well as a revised version that addresses Security Alarms Municipal Code Page 2 of 2 key amendments to the existing permitting process for those with an alarm, fine/penalty amounts, and the addition of provisions for residential versus commercial false alarms. Thus far, provisions related to unnecessary, costly permitting processes and procedures have been eliminated and have been replaced with a streamlined notification process with the goal of cutting costs on the City. Furthermore, a cost recovery assessment method is proposed to replace the current fine system. City staff, CALFIRE, the Lake Elsinore Police Department, Finance and the City Attorney have met to discuss potential changes. These entities are currently reviewing the proposed changes. Upon review by the Public Safety Advisory Commission and these departments, staff will prepare for review and consideration by the City Council at an upcoming meeting. Fiscal Impact The City would expect a positive fiscal impact due to cost recovery associated with false alarm calls. Cost recovery would vary on a case by case basis. Exhibits A – Original Chapter 9.30 of the LEMC regarding Security Alarm Systems B – Proposed Amended and Restated Chapter 9.30 C – Other City Municipal Codes related to Security and False Alarms IV. Offenses Against Public Peace Chapter 9.30 SECURITY ALARM SYSTEMS Sections: 9.30.010 Definitions. 9.30.020 Applicability. 9.30.030 Alarm business – Registration required – Exception. 9.30.040 Alarm agent registration card required. 9.30.050 Change of address or ownership of business. 9.30.060 Alarm user’s permit. 9.30.070 Equipment standards. 9.30.080 False alarm – Written report required. 9.30.090 Notice of persons to be contacted – Disconnection of alarm. 9.30.100 Current file to be kept by alarm business. 9.30.110 Agent registration card required to be carried. 9.30.120 Automatic phone device prohibited. 9.30.130 Nuisance – Suspension of permit – Revocation – Penalties. 9.30.140 Violations – Penalty – Delinquent permit fees. 9.30.150 Severability. 9.30.160 Provisions effective. 9.30.010 Definitions. For the purposes of this chapter, the following definitions will apply: “Alarm agent” means any person who is self-employed or employed either directly or indirectly by an alarm business whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building, place or premises. “Alarm business” means any person, firm or corporation conducting or engaging in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in or on any building, place or premises. “Alarm system” means any device designed for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act or both and, when actuated, emits a sound or transmits a signal to indicate that an emergency situation exists, and to which peace officers are expected to respond. “Alarm user” means any person using an alarm system at his place of business. “Audible alarm” means a device designed for the detection of the unauthorized entry on or attempted entry into a premises or structure or for alerting others of the commission of an unlawful act or both, and which, when actuated, generates an audible sound on the premises. “False alarm” means the activation of an alarm system necessitating response by peace officers when an emergency situation does not exist; provided, alarms generated by natural disaster will not be considered false alarms. “Nonpriority” means that law enforcement response to the activation of an alarm will not be given precedence over any other calls and will be predicated upon availability of law enforcement personnel and other service needs. “Person” means any individual, partnership, corporation or other entity. “Sheriff” means the Sheriff of the County of Riverside, his deputies and designated employees. [Ord. 715, 1984]. 9.30.020 Applicability. The provisions of this chapter are not applicable to audible alarms affixed to motor vehicles, unless the vehicle alarm is connected to a central monitoring system. [Ord. 715, 1984]. 9.30.030 Alarm business – Registration required – Exception. A. It is unlawful for any person, partnership, corporation or firm to own, manage, conduct or carry on the business of selling, leasing, installing, servicing, maintaining, repairing, replacing, moving, removing or monitoring an alarm system in or on any building, place or premises within the City without first having registered with the Sheriff. B. Such registration shall not be required for any business which only sells said alarm systems from a fixed location unless such business services, installs, monitors or responds to alarm systems at the protected premises. C. Registration shall be accomplished by furnishing such information as may be required by the Sheriff, including, but not limited to, the full name of the business, the number of the license issued by the State Director of Consumer Affairs for the alarm business, and the name and business address of the manager of operations for the area which includes the City. [Ord. 715, 1984]. 9.30.040 Alarm agent registration card required. It is unlawful for any person, including the owners of an alarm business, to engage directly in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing of an alarm system in or on any building, place or premises within the City without first having registered his name and filed with the Sheriff a copy of the alarm agent registration card issued to him by the State Director of Consumer Affairs pursuant to the provisions of Section 7514(g) of the California Business and Professions Code. Nothing herein shall require a person to so register who is merely a salesman for any business not required to obtain an alarm business permit under the provisions of LEMC 9.30.030, if such salesman is engaged in sales of alarm systems only. [Ord. 715, 1984]. 9.30.050 Change of address or ownership of business. Any alarm business registered with the Sheriff shall, within five days, report to the Sheriff any change of address or ownership of the business or the name or business address of the manager of operations for the area which includes the City. Any person registered with the Sheriff as an alarm agent shall, within five days, report to the Sheriff any change of business address. [Ord. 715, 1984]. 9.30.060 Alarm user’s permit. No person shall install or cause to be installed, use, maintain or possess an alarm system on premises owned by or in the possession of or in control of such persons within the City without first having obtained an alarm user’s permit from the Department of Building and Safety of the City, in accordance with this chapter. The application for an alarm user’s permit shall be submitted on a form as prescribed by the Building and Safety Manager, and shall include the address of the premises wherein the system is to be located and the name, address and telephone number of the applicant, type or purpose of alarm, and the person who will render service or repairs during any hour of the day or night. The permit fee shall be determined by the Building and Safety Manager. The permit shall be denied by the Building and Safety Manager, if the alarm system does not comply with the standards and regulations adopted pursuant to LEMC 9.30.070. [Amended during 2008 recodification; Ord. 715, 1984]. 9.30.070 Equipment standards. All alarm systems sold for installation or installed in any place of business within the City shall utilize approved Underwriter’s Laboratories rated protection equipment. All electrical installations shall be in accordance with applicable requirements of the City building code and all necessary permits shall be obtained therefor. [Ord. 715, 1984]. 9.30.080 False alarm – Written report required. Following law enforcement response to the activation of an alarm which investigation determines to be false, and notification of said fact by the Sheriff, the alarm user shall file a written report with the Sheriff within 72 hours upon notice to do so from the Sheriff. Such report shall contain all information pertaining to the activation of said alarm, any planned corrective action and projected date of correction. Where the alarm system is serviced by an alarm business, the report shall be made by such business and a copy forwarded to the alarm user by the alarm business. The investigation of any false alarm by any person other than members of the Sheriff’s Department shall also result in the notification to the alarm user that such an incident occurred and shall not relieve the alarm user or alarm business of the formal report responsibility provided for in this chapter. [Ord. 715, 1984]. 9.30.090 Notice of persons to be contacted – Disconnection of alarm. A. Every place of business maintaining an alarm system shall either post or file with the Sheriff a notice containing the names and telephone numbers of the persons to be notified in case of emergency or alarm activation or to render service to the system during any hour of the day or night. The persons named shall include the occupant of the premises, or the alarm business or agents responsible for the maintenance of the system. If posted, such notice shall be placed near the front door of the structure containing the alarm system or at the front gate if the structure is fenced; said notice shall be posted in such a position as to be clearly legible from the ground level adjacent to the structure or fence. It shall be the duty of the alarm user to maintain current such notice whether posted or filed with the Sheriff. B. If service is unavailable, audible alarms which have emitted an alarm in excess of 30 minutes are declared to be nuisances, and the Sheriff may cause such alarm to be disconnected by a registered alarm agent, with the cost therefor to be a charge payable by the alarm user. [Ord. 715, 1984]. 9.30.100 Current file to be kept by alarm business. Every alarm business which monitors an alarm system located within the City shall maintain on file a current listing of all such alarm systems, including the name, address and telephone number of the individual or individuals from whom entry to the premises may be obtained. Said information shall be available to the Sheriff upon request of any authorized representative thereof. [Ord. 715, 1984]. 9.30.110 Agent registration card required to be carried. Every person engaged in installing, repairing, servicing, altering, replacing, moving or removing an alarm system, as defined in this chapter, on any place of business within the City, other than those owned or occupied by said person, shall carry on his person at all times while so engaged, a valid State agents’ registration card and shall display such to any peace officer or Code Enforcement Officer upon request. [Ord. 715, 1984]. 9.30.120 Automatic phone device prohibited. No person shall use or cause to be used any telephone device or telephone attachment that automatically selects a public telephone trunk line to the Sheriff’s Department and then reproduces any prerecorded message to report any unlawful act or emergency. [Ord. 715, 1984]. 9.30.130 Nuisance – Suspension of permit – Revocation – Penalties. A. The Sheriff may designate an alarm system at a specific location as a nuisance if such alarm system actuates excessive false alarms. It is determined that four false burglar alarms within any three-consecutive-calendar- month period or two false robbery alarms within any three-consecutive-calendar-month period is excessive and thereby constitutes a public nuisance. The Sheriff shall not consider any false alarm in his computation of nuisance alarms if such false alarm was generated by natural disaster, and not the result of the negligence of the alarm user, his agents or employees or a defect in the alarm system. B. The Sheriff shall suspend the permit of an alarm user whose alarm has been so designated a nuisance. The Sheriff shall serve the permittee with a written order of suspension, which shall state the reason for such suspension. The said order shall be effective immediately if personally served, or 48 hours after the same has been deposited with postage prepaid in the U.S. mail. C. Immediately upon such an order of suspension becoming effective, the alarm system shall receive nonpriority response from the Sheriff’s Department. D. The suspension of the alarm user’s permit shall become a revocation 15 days after the order of suspension becomes effective, unless the permittee presents to the Sheriff written verification that the system has been completely evaluated and the problem located and corrected, and the documentation exists that the alarm system of the alarm user falls within the acceptable alarm activation limit set forth in this chapter. Notice of revocation shall be served by personal service or by certified mail. E. If an alarm user’s permit is revoked pursuant to this chapter, the permittee shall surrender said permit to the Sheriff. F. A fine of $25.00 per response will be imposed on the first three false alarms in three consecutive months which would require Sheriff’s Office response. Any false alarms thereafter will be referred to as public nuisances and a fine of $50.00 will be charged for each call, until such time as Sheriff service is discontinued. [Ord. 721, 1984; Ord. 715, 1984]. 9.30.140 Violations – Penalty – Delinquent permit fees. A. Violation of this chapter is an infraction and is punishable by a fine of not more than $500.00. Revocation of a permit shall not be a defense against prosecution. B. The conviction or punishment of any person for violation of the provisions of this chapter or for failing to secure a permit as required by this chapter shall not relieve such person from paying the permit fee due and unpaid at the time of such conviction, nor shall payment of any permit fee prevent criminal prosecution for violation of any of the provisions of this chapter. All remedies shall be cumulative and the use of one or more remedies by the County or by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. C. The amount of the permit fee shall be deemed a debt to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the amount of any delinquent permit fee. All permit fees shall be deemed delinquent 30 days after they are due and payable. [Ord. 715, 1984]. 9.30.150 Severability. If any chapter, subchapter, sentence, clause, or phrase of the ordinance codified in this chapter or the application thereof to any person or circumstances is held invalid or unconstitutional by decision of any court of competent jurisdiction, such invalidity shall not affect the other provisions or applications of the ordinance, or any chapter or portion of chapter hereof, which can be given effect without the invalid provisions or application and to this end the provisions of this chapter are, and are intended to be, severable. The City Council declares that it would have passed the ordinance codified in this chapter and each chapter, subchapter, clause, or phrase thereof, irrespective of the fact that any one or more other chapters, subchapters, clauses or phrases may be declared invalid or unconstitutional. [Ord. 715, 1984]. 9.30.160 Provisions effective. A. The provisions of this chapter and the requirements therein shall become operative 90 days after the effective date of the ordinance codified in this chapter for those persons conducting an alarm business or engaged as an alarm agent within the City on such effective date; provided, however, the aforementioned persons who have filed an application as required herein for an alarm business permit may continue doing business after such operative date until such application has been processed. B. All persons not conducting an alarm business or engaged as an alarm agent within the City on the effective date of the ordinance codified in this chapter shall not commence such operation until the necessary alarm business permit required by this chapter has been issued or the registration required by this chapter for an alarm agent has been completed. C. The provisions of this chapter relating to the alarm user’s permit shall become operative 120 days after the effective date of the ordinance codified in this chapter for those persons using, maintaining, or possessing an alarm system on premises owned or in the possession or control of such person within the City if said system was installed or in operation prior to the effective date of the ordinance codified in this chapter. Any person installing, or causing to be installed an alarm system on premises owned or in possession or control of such person within the City on or after the effective date of the ordinance codified in this chapter shall not commence such installation until the necessary alarm user’s permit required by this chapter has been issued. [Ord. 715, 1984]. Mobile Version IV. Offenses Against Public Peace Chapter 9.30 REGULATION OF FALSE ACTIVATIONS OF FIRE, BURGLARY AND ROBBERY ALARMS Sections: 9.30.010 Definitions 9.30.020 Purpose and objectives. 9.30.030 Prohibitions 9.30.040 Procedures 9.30.050 Service Assessment 9.30.010 Definitions. For the purpose of this chapter, the following definitions will apply: “Alarm system” means any device designed for the detection of any unauthorized entry on premises or for alerting others of the commission of an unlawful act or both, and when activated, emits a sound and/or transmits a signal to indicate that an emergency exists, and to which peace officers and/or fire officers are expected to respond. “Alarm user” means any person using an alarm system at his or her place of business, residence or property. “Audible alarm” means a device designed for the detection of the unauthorized entry on or attempted entry into a premises or structure or for alerting others of the commission of an unlawful act or both, and which, when activated, generated an audible sound on the premises. “City” means the City of Lake Elsinore. “Day” means calendar day. “False alarm” means the activation of an alarm system necessitating response by a first responder when an emergency situation does not exist; provided that alarm activations generated by natural disaster or other violent conditions of nature not subject to the control of the alarm user shall not constitute a false alarm. “First responders” means Riverside County Sheriff or CALFIRE officers as designated by the City for law enforcement or fire protection that respond to “Person” means natural person, firm, partnership, association or corporation. “Police chief” means the sheriff's captain providing contract law enforcement service to the city or designee. “Police department” means the Sheriff's Department of the County of Riverside providing law enforcement services to the city. “Service Assessment” means a fee paid to the city after an excessive number of false alarms within the specified period of time based on the cost of service. 9.30.020 Purpose and objectives. A. The purpose of this chapter is to set forth regulations governing the use of alarm systems, provide for service assessments for excessive responses necessitated by false alarms, and to provide penalties for violations of provisions of this chapter. B. The provisions of this chapter and the requirements herein shall become effective thirty days after the adoption of the ordinance codified in this chapter. C. The provisions of this chapter are not applicable to audible alarms affixed to motor vehicles or smoke and heat detectors in single-family residential units, unless the alarm is connected to a central monitoring system. D. The provisions of this chapter are not applicable during the first thirty days of activation of a newly installed alarm system. 9.30.030 Prohibitions. A. No person shall use or cause to be used any telephone device or telephone attachment that automatically selects a public telephone trunk line to the police department and then reproduces any pre-recorded message to report any unlawful act or other emergency. B. All alarm systems sold for installation and installed within the city shall utilize approved Underwriter's Laboratories or equivalent rated and protected equipment. C. No person shall operate or use, or cause to be operated or used, any alarm system that emits a sound similar to that of any emergency vehicle siren or civil defense warning system. D. No person shall operate or use, or cause to be operated or used, an alarm system designed to report an armed robbery (as defined in California Penal Code Section 211 et seq.) for any purpose other than reporting robberies or other crimes involving potential immediate serious bodily injury or death. E. No person shall knowingly turn in a false alarm. This section does not prohibit a test of an alarm system if procedures are taken to ensure that the police department is notified of the intended test prior to the activation. 9.30.040 Procedures. A. If the first responder (or designee) determines that a false alarm has occurred, the officer responding to the alarm shall leave a notice at the premises which shall include the date and time of the response and a statement that the alarm was a “false alarm.” The notice shall also state that the user should take action to correct the causative problems and a warning that more than two false alarms, including, but not limited to, more than two false robbery or burglar alarms, in any one-year period is excessive. This chapter shall require a service assessment to be paid per Section 9.30.050 for excessive false alarms as determined by a resolution of the City Council. B. Multiple activations of an alarm system within a single calendar day shall count as only one false alarm for the purpose of this chapter. C. An alarm user may contest the responding first responder’s determination of a false alarm by contacting the City or designee, within ten days of the notification of the false alarm. The City, or designee, will decide concerning the determination that there was a false alarm. Any such decision may be appealed to the director of building and safety department within ten days of said determination. D. An audible alarm shall terminate its operation, or the audible alarm shall automatically reset, within fifteen minutes of its being activated. If an audible alarm has emitted an alarm signal in excess of thirty minutes within a one-hour period it may be declared a nuisance, and the police department may cause such alarm to be disconnected by an alarm agent licensed by the department of consumer affairs, and the cost thereof to be charged to the alarm user. If the alarm is connected to a central monitor, a responsible party must deactivate the alarm within thirty minutes of being notified of the nuisance. 9.30.050 Service Assessment. A. A service assessment shall be paid to the city by an alarm user after an excessive number of false alarms have been received from a business, residence or property. For purposes of this section, three or more false alarms within a one-year period, commencing from the date of the first false alarm, is deemed an excessive number of false alarms. B. Fees for the service assessment shall be set according to resolution adopted by the City Council and based on full cost recovery per each excessive false alarm. C. An alarm user may appeal to the City or designee, if extenuating or mitigating circumstances can be presented to satisfy the City that extraordinary circumstances exist which preclude the alarm users’ good faith attempts at rectifying the causative problems with his or her alarm system. The final decision as to assessment of the service fee will be made by the City Manager or designee upon the written request of the alarm user. D. The service fees are to be paid to the City within fifteen days of the notification. If an alarm user fails to remit the fees within fifteen (15) days from the date of the notice upon him or her, a penalty of twenty-five (25) percent of the amount of the fee set forth in the notice shall be imposed. When imposed, the penalty shall become part of the fee herein required to be paid. In addition to such penalty, the alarm user shall pay to the city all reasonable costs of collecting such overdue and unpaid fees, including attorney’s fees and court costs, and interest. Failure to pay a service fee is a violation of this code and subject to fines in the amounts set forth in the code. E. The United States Government, the State of California, County Departments, and other governmental agencies are exempt from assessments required in this chapter. La Quinta Municipal Code Up Previous Next Main Collapse Search Print No Frames Title 11 PEACE, MORALS AND SAFETY Chapter 11.90 REGULATION OF FALSE ACTIVATIONS OF BURGLARY AND ROBBERY ALARMS 11.90.010 Definitions. For the purpose of this chapter, the following definitions will apply: “Alarm system” means any device designed for the detection of any unauthorized entry on premises or for alerting others of the commission of an unlawful act or both, and when activated, emits a sound and/or transmits a signal to indicate that an emergency exists, and to which peace officers are expected to respond. “Alarm user” means any person using an alarm system at his or her place of business, residence or property. “Audible alarm” means a device designed for the detection of the unauthorized entry on or attempted entry into a premises or structure or for alerting others of the commission of an unlawful act or both, and which, when activated, generated an audible sound on the premises. “City” means the city of La Quinta. “Day” means calendar day. “False alarm” means the activation of an alarm system necessitating response by peace officers when an emergency situation does not exist; provided that alarm activations generated by natural disaster or other violent conditions of nature not subject to the control of the alarm user shall not constitute a false alarm. “Person” means natural person, firm, partnership, association or corporation. “Police chief” means the sheriff's captain providing contract law enforcement service to the city or designee. “Police department” means the sheriff's department of the county of Riverside providing law enforcement services to the city. “Service fee” means a fee paid to the city after an excessive number of false alarms within the specified period of time. (Ord. 256 § 1, 1994) 11.90.020 Purpose and objectives. The purpose of this chapter is to set forth regulations governing the use of alarm systems, provide for service fees for excessive responses necessitated by false alarms, and to provide penalties for violations of provisions of this chapter. A. The provisions of this chapter and the requirements herein shall become effective thirty days after the adoption of the ordinance codified in this chapter. B. The provisions of this chapter are not applicable to audible alarms affixed to motor vehicles or smoke and heat detectors in single-family residential units, unless the alarm is connected to a central monitoring system. C. The provisions of this chapter are not applicable during the first thirty days of activation of a newly installed alarm system. (Ord. 256 § 1, 1994) 11.90.030 Prohibitions. A. No person shall use or cause to be used any telephone device or telephone attachment that automatically selects a public telephone trunk line to the police department and then reproduces any pre-recorded message to report any unlawful act or other emergency. B. All alarm systems sold for installation and installed within the city shall utilize approved Underwriter's Laboratories or equivalent rated and protected equipment. C. No person shall operate or use, or cause to be operated or used, any alarm system that emits a sound similar to that of any emergency vehicle siren or civil defense warning system. D. No person shall operate or use, or cause to be operated or used, an alarm system designed to report an armed robbery (as defined in California Penal Code Section 211 et seq.) for any purpose other than reporting robberies or other crimes involving potential immediate serious bodily injury or death. E. No person shall knowingly turn in a false alarm. This section does not prohibit a test of an alarm system if procedures are taken to ensure that the police department is notified of the intended test prior to the activation. (Ord. 256 § 1, 1994) 11.90.040 Procedures. A. If the police chief (or designee) determines that a false alarm has occurred, the police officer responding to the alarm shall leave a notice at the premises which shall include the date and time of the response and a statement that the alarm was a “false alarm.” The notice shall also state that the user should take action to correct the causative problems and a warning that more than two false alarms, including, but not limited to, more than two false robbery or burglar alarms, in any one-year period is excessive. This chapter shall require a service fee to be paid per Section 11.90.050. Notice may be left at the premises pursuant to any method authorized pursuant to Section 1.01.300, or successor section, of the code. B. Multiple activations of an alarm system within a calendar day shall count as only one false alarm for the purpose of this chapter. C. An alarm user may contest the responding officer’s determination of a false alarm by contacting the police chief or designee, within ten days of the notification of the false alarm. The police chief, or designee, will make a decision concerning the determination that there was a false alarm. Any such decision may be appealed to the director of building and safety department within ten days of said determination. D. An audible alarm shall terminate its operation or the audible alarm shall automatically reset within fifteen minutes of its being activated. If an audible alarm has emitted an alarm signal in excess of thirty minutes within a one-hour period it may be declared a nuisance, and the police department may cause such alarm to be disconnected by an alarm agent licensed by the department of consumer affairs, and the cost thereof to be charged to the alarm user. If the alarm is connected to a central monitor, a responsible party must deactivate the alarm within thirty minutes of being notified of the nuisance. (Ord. 558 § 3, 2017; Ord. 256 § 1, 1994) 11.90.050 Service fees. A. A service fee shall be paid to the city by an alarm user after an excessive number of false alarms have been received from a particular business, residence or property. For purposes of this section, three or more false alarms within a one-year period, commencing from the date of the first false alarm, is deemed an excessive number of false alarms. Fees shall be set according to resolution adopted by the city council, and the amount of the fee after five or more false alarms shall be up to the amount of full cost recovery, per each false alarm, for responses to false alarms as established by the resolution adopted by the city council. B. An alarm user may appeal to the police chief or designee, if extenuating or mitigating circumstances can be presented to satisfy the police chief that extraordinary circumstances exist which preclude the alarm users good faith attempts at rectifying the causative problems with his or her alarm system. The final decision as to assessment of the service fee will be made by the director of building and safety upon the written request of the alarm user. C. The service fees are to be paid to the city within fifteen days of the notification being mailed in the U.S. Postal Service. Failure to pay a service fee is a violation of this code and subject to fines in the amounts set forth in Section 1.09.020(D), or successor section, of the code. D. The United States Government, the state of California, other county departments, and other governmental agencies are exempt from fees required in this chapter. (Ord. 558 § 3, 2017; Ord. 256 § 1, 1994) View the mobile version. Moreno Valley Municipal Code Up Previous Next Main Collapse Search Print No Frames Title 11 PEACE, MORALS AND SAFETY Chapter 11.60 ALARM SYSTEMS 11.60.010 Definitions. For the purposes of this chapter, the following definitions shall apply: “Alarm agent” means any person who is self-employed or employed either directly or indirectly by an alarm business whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving, or installing an alarm system in or on any building, place or premises. “Alarm business” means any person, firm, or corporation conducting or engaged in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in or on any building, place or premises. “Alarm system” means any device designed for the detection of an unauthorized entry on premises or for alerting others to the commission of an unlawful act or to an emergency situation not limited to fire, natural gas leak, or medical emergencies, which device, when actuated, emits a sound or transmits a signal to indicate that such situation exists. “Alarm user” means any person using an alarm system at such person’s residence or place of business. “Audible alarm” means a device designed to detect the unauthorized entry on or attempted entry into a premises or structure, alert others to the commission of an unlawful act, alert others to a fire or emergency situation not limited to fire, natural gas leak, or medical emergencies, and which, when actuated, generates an audible sound on the premises. “Business license officer” means the person duly designated to act as such for the city as set forth in Chapter 5.02 of this code. “City” means the city of Moreno Valley. “City manager” means the city manager of the city or designee. “Extraordinary public safety services” means those services necessarily and reasonably incurred by the city in the protection of the public’s health, safety and welfare and in the protection of property which said services are in addition to police services the city would normally provide without a special charge and which have arisen because of activities or events voluntarily selected by the owner, occupier or manager of a premises. “False alarm” means the activation of an alarm system when an emergency situation does not exist; provided, however, that activation of alarms by natural disaster will not be considered false alarms. “Fire chief” means the fire chief of the city or designee. “Person” means any individual, partnership, corporation, unincorporated association, or other entity. “Police chief” means the chief of police of the city or designee. “Responsible party” means any person or persons in charge of the premises or location and the person or persons responsible for the event or incident. If any of those persons are minors, the parent or guardians of such minor(s) shall be the responsible party. (Ord. 899 § 2, 2015) 11.60.020 Purpose. Notwithstanding the provisions within the National Fire Protection Association (NFPA) 72, the California Fire Code (CFC) or applicable security industry standards, the purpose of this chapter is to set forth regulations governing the use of alarm systems, provide for service fees for excessive responses necessitated by false alarms, and to provide for cost recovery by service fees for violations of provisions of this chapter. Nothing herein should be construed to limit or discourage the legitimate use of fire, burglar or other alarms. (Ord. 899 § 2, 2015) 11.60.030 Findings. Alarm systems which are not properly installed, maintained, or operated create a nuisance to the peace and safety of the community. Said alarm systems also cause excessive and unnecessary use of police and fire services in responding to assumed emergencies. (Ord. 899 § 2, 2015) 11.60.040 Alarm standards. All alarm systems and appurtenant equipment installed and used within the city shall meet or exceed industry standards and those standards which may hereafter be established by the city council. The police chief or fire chief may inspect any and all alarm systems installed in the city. (Ord. 899 § 2, 2015) 11.60.050 Alarm company operators. It is unlawful and a violation of this code for any person to engage in business or accept employment within the city to install, maintain, alter, sell on premises, monitor, or service alarm systems or respond to alarm systems, unless such person holds all state and local licenses, listings, certifications or permits which may be required for such business or employment. A. Every alarm business that has a central monitoring system to monitor police or fire alarm systems located within the city shall maintain on file a current listing of all such alarm systems, along with the address and telephone number of the individual or individuals from whom entry to the protected premises may be obtained, and shall include the following information: 1. The name address, and telephone number of the property owner, if other than the alarm user. 2. The name of the alarm user and his or her business address and telephone number and residential address and telephone number. 3. The name of at least one other person responsible to respond to the alarm site and his or her business address and telephone number. B. All alarm businesses shall ensure that an on-site inspection of the operating systems for the alarm system shall occur when requested by the police chief or designee. The records of these inspections shall be made available to the police chief or designee upon request. C. The alarm business shall provide written and oral instructions to each of its alarm users in the proper use and operation of their alarm systems. Such instructions will specifically include all instructions necessary to turn the alarm system on and off and to prevent false alarms. D. Upon the effective date of the ordinance codified in this chapter, the alarm companies shall, on new installations or equipment replacements, use only alarm control panel(s) which meets Security Industry Association (SIA) Control Panel Standard CP-01 for security alarm systems and/or Underwriters Laboratory (UL) and State Fire Marshal (SFM) listed panels and devices for fire alarm systems. E. An alarm business shall not use automatic voice dialers which call 911 or the police department. F. After completion of the installation of an alarm system, an alarm business employee shall review with the alarm user the customer false alarm prevention checklist established by the alarm company’s policy. G. The alarm business shall not make an alarm dispatch request of a law enforcement agency in response to a burglar alarm signal, excluding panic, duress and holdup signals, during the first seven days following an alarm system installation. The police chief or designee may grant an alarm user’s request for an exemption from this waiting period based upon a determination that special circumstances substantiate the need for the exemption. This provision does not apply to fire alarm monitoring systems. H. An alarm business shall: 1. Attempt to verify every burglar alarm signal prior to requesting a police dispatch by making at least two phone calls to the responsible party or parties (enhanced call verification). This procedure does not apply to fire, duress or hold-up signals; 2. Communicate alarm dispatch requests to the Moreno Valley dispatch in a manner and form determined by NFPA 72 for fire alarms and/or by the police chief for security alarms or respective designee; 3. Communicate alarm response cancellations to the Moreno Valley police dispatch and/or fire department within three minutes of request for dispatch and prior to the officer arriving on-scene; 4. Ensure that all alarm users of alarm systems equipped with fire, duress, hold-up or panic alarm(s) are given adequate training as to the proper use of the fire, duress, hold-up or panic alarm(s). a. Alarm system training should be provided to every alarm user and/or additional training provided in situations where the alarm user has established a high incident rate of false alarms resulting from unintentional or accidental activation; 5. Communicate any available information (type of alarm, zone, north, south, front, back, floor, etc.) about the location on all alarm signals related to the alarm dispatch request; 6. Communicate type of alarm activation (silent or audible, interior or perimeter); 7. After an alarm dispatch request, promptly advise the Moreno Valley police dispatch and/or fire department if the monitoring company knows that the alarm user or the responder is on the way to the alarm site; 8. Attempt to contact the alarm user or responder within twenty-four (24) hours via mail, fax, telephone or other electronic means when an alarm dispatch request is made; and 9. Upon the effective date of the ordinance codified in this chapter alarm businesses must maintain for a period of at least one year from the date of the alarm dispatch request, records relating to alarm dispatch requests. a. Records must include: i. Name, address and telephone number of the alarm user, ii. Alarm system zone(s) activated, iii. Time of alarm dispatch request, and iv. Evidence of an attempt to verify; b. The police and/or fire chief or designee may request copies of such records for individually named alarm users; c. If the request is made within sixty (60) days of an alarm dispatch request, the monitoring company shall furnish requested records within three business days of receiving the request; d. If the records are requested between sixty (60) days to one year after an alarm dispatch request, the alarm company shall furnish the requested records within thirty (30) days of receiving the request. I. An alarm business that purchases alarm system accounts from another person shall notify the fire chief or designee of such purchase and provide details as may be reasonably requested by the fire chief or designee. J. Each alarm business must designate one individual as the alarm response manager (ARM) for the company who will manage alarm related issues and act as the point of contact for the police and/or fire chief or designee. The appointed individual must be knowledgeable of the general provisions of this chapter, as well as have the knowledge and authority to deal with false alarm issues and respond to requests from the police and/or fire chief or designee. The name, phone number, and email address of the designated ARM must be provided to the police and/or fire chief or designee. (Ord. 899 § 2, 2015) 11.60.060 Alarm agents. It is unlawful and a violation of this code for any person to engage within the city in the activities of an alarm agent without first obtaining a business license from the city and registering and filing a copy of such person’s state-issued identification card with the business license officer. (Ord. 899 § 2, 2015) 11.60.070 Alarm system regulations. A. Approval by Underwriters Laboratories. No alarm system shall be installed or used which has not been approved by Underwriters Laboratories or equivalent rating institution. Equivalency shall be determined by the chief building official and/or fire marshal of the city whose decision shall be final. B. Automatic Deactivation. Every audible alarm system used for security purposes shall be so designed as to automatically shut off the sound not more than ten (10) minutes after the alarm has started to sound. This provision shall not apply to fire alarms systems required by the CFC or NFPA 72. C. Automatic Dialing Prohibited. No alarm system shall be equipped with automatic dialing or recorded message to the Moreno Valley police department, the Moreno Valley police department dispatching center, the Riverside County sheriff dispatching center, the Moreno Valley fire department or the Moreno Valley fire department dispatching center. D. Battery Backup System. No alarm system shall be installed or used at any time which is not equipped with a ready-to-function battery-operated backup system. E. Notification. An alarm user shall give or cause notice to be given to the Moreno Valley police department or the Moreno Valley fire department prior to any service, test, repair, maintenance, alteration or installation of an alarm system which might produce a false alarm. The alarm user and/or contractor shall contact their monitoring company to place the system in test mode. When a contractor fails to place an alarm in test mode during maintenance, repair, etc. the contractor shall be responsible for the false alarm fee. F. Prohibited Sound. No alarm system shall be installed or used which emits a sound similar to that of an emergency vehicle siren or a civil defense warning system. G. Repairs. After each false alarm caused by a malfunction of the alarm system, the alarm user shall cause the alarm system to be adjusted or repaired as necessary to eliminate the malfunction before placing the alarm system back into operation. (Ord. 899 § 2, 2015) 11.60.080 Alarm system notice. Every alarm system shall have a sign or notice posted on or near the audible device with the name and telephone number of at least two responsible parties or the company responsible for the maintenance of the system. (Ord. 899 § 2, 2015) 11.60.090 Confidentiality. Information furnished and secured pursuant to this chapter shall be confidential in character and shall not be subject to public inspection and shall be kept so that the contents thereof shall not be known except to persons charged with the administration of this chapter. (Ord. 899 § 2, 2015) 11.60.100 False alarm response assessment. To defray the cost to the city for responding to false alarms, alarm users shall satisfy such assessment as may be established by resolution of the city council for all false alarms. The assessment shall be satisfied by the alarm owner within fifteen (15) days after receipt of the invoice from the city finance department. The invoice will be mailed to the responsible party, after the appropriate department has given notice to the finance department of the assessment for the extraordinary services and the grounds therefor. The amount of assessment shall be deemed a debt to the city. An action may be commenced in the name of the city in any court of competent jurisdiction for the amount of any delinquent fees. The police/fire department will notify the alarm owner by leaving a notice at the alarm site. If an alarm owner fails to remit the fees within fifteen (15) days from the date of the service of notice upon him or her, which shall be the date of mailing of the invoice, if notice is not accomplished in person, a penalty of twenty-five (25) percent of the amount of the fee set forth in the notice shall be imposed, but not less than five dollars. When imposed, the penalty shall become part of the fee herein required to be paid. In addition to such penalty, the alarm owner shall pay to the city all reasonable costs of collecting such overdue and unpaid fees, including attorney’s fees and court costs, and interest at the rate of one and one-half percent per month (eighteen (18) percent per annum) on all assessments and penalties from the date the assessment was due. (Ord. 899 § 2, 2015) 11.60.110 Reimbursement for costs incurred in securing premises. Alarm users shall pay to the city reasonable costs, as determined and assessed by the police chief or fire chief, for expenses incurred in securing premises where a burglar alarm or fire alarm has been activated, whether or not the activation is a false alarm. The assessment shall be satisfied by the alarm user within fifteen (15) days after the appropriate chief has given the alarm user notice of the assessment and the grounds therefor. This section shall apply only to instances where the alarm user has failed to reasonably respond to notification that an alarm has been activated on premises owned or under the control of the alarm user and when the city has to incur more than nominal expenses in securing the premises. (Ord. 899 § 2, 2015) 11.60.120 Enforcement. Non-payment of fees/assessments for false alarms, and repeated number of false alarms from the same location, hence said location constitutes a nuisance, will be considered a violation of this chapter. Every person who fails to comply with an order made pursuant to this chapter is guilty of a violation of this chapter and, upon conviction thereof shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of this code. (Ord. 899 § 2, 2015) 11.60.130 False alarm appeal process. A. An alarm user who wants to appeal the validity of a false alarm determination by the police or fire department may appeal to the appropriate appeal officer or designee. The appeal must be in writing and must be requested within ten (10) days of the alarm user having received a notice of the false alarm. The written appeal must contain sufficient information to determine the events surrounding the police/fire department’s response. Failure to contest the determination in the required time period results in a conclusive presumption that the alarm was false. B. The appropriate appeal officer or a designee will review the appeal and provide a decision based on the facts of the case. The appeal officer or a designee shall determine the validity of the false alarms and the appropriate appeal officer shall issue written findings. The reasons for waiving a false alarm notice shall not include, wind, power failure, loose animals, system malfunctions, errors committed by the monitoring service, alarm user, or personnel errors. C. No appeal will be granted without payment of unpaid fees, and other assessments for false alarms owed to the city, prior to filing of the request for an appeal process. If upon review of the appeal the appropriate appeal officer’s or a designee’s decision is in favor of the appellant, the money will be refunded to the appellant. The decision of the appropriate appeal officer or a designee on such matter shall be final and conclusive. (Ord. 899 § 2, 2015) 11.60.140 Severability. If any section, subsection, sentence, clause or phrase of this chapter is for any reason, held to be invalid, unconstitutional, or unenforceable by a final determination of a court of competent jurisdiction, such determination shall not affect the validity of the remaining portions hereof. The city council hereby declares it would have enacted this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact than any one or more sections, subsections, sentences, clauses or phrases might be declared invalid or unenforceable. (Ord. 899 § 2, 2015) View the mobile version. Murrieta, CA Municipal Code Chapter 8.04 BURGLAR ALARM SYSTEMS Sections: 8.04.010 Definitions. 8.04.020 Regulation by chief of police. 8.04.030 Automatic telephone dialing devices prohibited. 8.04.040 Requirements for audible alarms. 8.04.050 Response service charges. 8.04.060 Collection procedures for delinquent accounts. 8.04.070 Nuisance alarms. 8.04.010 Definitions. For the purposes of this chapter, the following definitions shall apply. "Alarm system" means any mechanical or electrical device which is designed or used for the detection of an unauthorized entry into a building, structure or facility, or upon land, or for alerting others of the commission of an unlawful act within a building, structure or facility or upon land; and which emits a sound or transmits a signal or message when actuated. Alarm systems include, but are not limited to, automatic telephone dialing devices, hard lines, audible alarms and proprietor alarms. Devices which are not designed or used to register alarms that are audible, visible or perceptible outside of the protected land, building, structure or facility are not included within this definition, nor are auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system. "Audible alarm" means a device designed for the detection of unauthorized entry on premises which generates an audible sound on the premises when it is activated. "Automatic telephone dialing device" means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by voice message or digital signal an emergency message indicating a need for emergency response. "False alarm" means a report received by the police department from any source resulting in a response by the police department to the premises on which an alarm system is located, where an emergency situation does not exist. "First and initial false alarm" means the first occurrence in which the police department responds to the premises and there is a false alarm as defined in this chapter. "Hard line" means a telephone or other line leading directly from the premises protected by an alarm device, or from an alarm central station to the police department's communication center where the line is used solely to report the existence of circumstances necessitating police response. "Premises" means any private, residential, commercial, or industrial land and/or buildings located within the city (excluding land or buildings owned, rented, or leased by the federal, state or local government) except school districts. "Proprietor alarm" means an alarm which is not serviced by an alarm business. "Responsible party" means any person, firm partnership, company, association, or corporation, or school district, or any owner or lessee of premises on which an alarm system is installed or maintained, or the agent or representative of the above, which or who utilizes an alarm system on premises located within the city. "Three hundred sixty-five-day period" means the period of time commencing upon the occurrence of a first and initial false alarm, and terminating three hundred sixty-five (365) consecutive days thereafter. (Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.001) 8.04.020 Regulation by chief of police. The chief of police may regulate the number of approved alarm systems terminating directly into the police department when, in the chief's judgment, such devices would interfere with the effective and efficient operations of the police department. The chief shall also have the power to make and enforce such rules and regulations as may, in his or her discretion, be necessary to implement the provisions of this chapter. This may include a no response policy on the part of the Murrieta police department to locations which maintain a nuisance alarm as defined in this chapter. (Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.003) 8.04.030 Automatic telephone dialing devices prohibited. It is unlawful for any person to use or cause to be used any electrical or mechanical device or attachment to a telephone that automatically reports a taped or other recorded message of a police or fire emergency directly to the communications center. Any person who violates any provision of this section shall be deemed guilty of a misdemeanor. Each call shall be deemed a separate violation. This section shall not be applicable to handicapped individuals who have requested and received a waiver from the chief of police. (Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.005) 8.04.040 Requirements for audible alarms. A. No audible alarm shall be installed, maintained or activated which emits the sound of a siren similar to those utilized on emergency vehicles or for air raid/disaster warnings. B. Every audible alarm system shall have a sign or notice posted on or near the audible device with the name and telephone number of the person or company responsible for the maintenance of the system. The notice shall be posted in such a position as to be readable from the ground level outside and adjacent to the building. Upon request of the police department, the owner or person responsible for maintaining an alarm system shall provide a list of persons able to respond to an alarm site if needed. C. Every audible alarm installed after the adoption of this chapter shall have a timing device which automatically shuts off the alarm within fifteen (15) minutes after the alarm is activated. Every audible alarm installed prior to the adoption of this chapter without such a timing device shall be required to have such a device installed if any activated alarm is not deactivated within a thirty minute time limit. The alarm business or person responsible for the maintenance of the system and the owner of the audible alarm shall be responsible for deactivating any alarm within thirty (30) minutes after notification that such alarm is activated and ringing, or within thirty (30) minutes after reasonable efforts have been made to provide such notification. (Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.007) 8.04.050 Response service charges. A. A service charge shall be assessed against any responsible party within the city, to defray costs incurred in providing law enforcement services in response to a false alarm for each fourth and subsequent police response made to those premises during any three hundred sixty-five-day period as follows: 1. Fourth false alarm--One hundred dollars ($100.00); 2. Fifth false alarm--One hundred fifty dollars ($150.00); 3. Sixth and subsequent false alarm--Two hundred dollars ($200.00). On the third false alarm, a letter shall be sent to the responsible party for the premises, advising him or her that a service charge shall be imposed for each subsequent false alarm during the three hundred sixty-five-day period. B. Any hold-up or robbery alarm improperly activated for the purpose of obtaining police response when a hold-up or robbery is not in progress shall be classified as a false alarm. In addition any person who activates the alarm shall be subject to such other penalties as the law allows. C. All service charges collected shall be placed in a crime prevention fund to be utilized exclusively for the purpose of funding crime prevention programs such as Neighborhood Watch or Business Watch in the city. (Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.009) 8.04.060 Collection procedures for delinquent accounts. A. The service charge shall be a civil debt owing the city from the owner, occupant or person in possession, charge or control of the location of the alarm unit. If an invoice for the service charge is unpaid sixty (60) days after mailing, a penalty of ten percent shall be charged, and an additional one and one-half percent per month shall be charged until the charges and penalties are paid in full. If court action is taken to enforce nonpayment of charges, the user or property owner shall pay all reasonable attorney's fees incurred by the city. B. Any charges authorized pursuant to this chapter which remain unpaid after the delinquent date as set forth may be collected thereafter by the city as provided in this section. 1. The city council shall cause a report of delinquent charges to be prepared periodically. The council shall fix a time, date and place for hearing and report and any objections or protests thereto. 2. The city council shall cause notice of hearing to be mailed to the property owners listed on the report not less than fifteen (15) days prior to the date of the hearing. 3. At the hearing, the city council shall hear any objections or protests of property owners liable to be assessed for delinquent charges. The city council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed. 4. The delinquent charges set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent charges plus administrative costs. A certified copy of the confirmed report shall be filed with the city clerk, or auditor appointed by the city council, for amounts of the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the county recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of city ad valorem property taxes shall be applicable to such assessment. (Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.011) 8.04.070 Nuisance alarms. A. An alarm shall be deemed a nuisance alarm and a public nuisance when it has been emitting sound continuously for at least one hour, or intermittently for two hours, and has been reported to the police department as an annoyance by a person in the vicinity of the alarm, and its owner is not available to silence the alarm or to cause it to be silenced. 1. Any officer or police aide of the police department is authorized to enter on exterior private property area, and into vehicles on private property or public streets, for the purpose of silencing a nuisance alarm. Forcible entry may be made into exterior alarm equipment boxes, and attics and crawlspace vents, in order to accomplish this purpose. Actions may be taken to silence vehicle alarms, including the towing of the vehicle, as prescribed in the California Vehicle Code. 2. Neither the city, nor its police officers or police aides, nor any officer or employee of the city or of a private alarm service contractor engaged by the police shall be liable for damages to the owner of a nuisance alarm for silencing the nuisance alarm or for entry on the owner's property for the purpose of silencing a nuisance alarm or for any damage resulting from a reasonable effort to silence the nuisance alarm. 3. An alarm system shall be deemed a nuisance alarm and a public nuisance if such alarm system actuates excessive false alarms. Four false alarms in any ninety-day period is found and determined to be an excessive number of false alarms at any given location. 4. An alarm system shall be deemed a nuisance alarm and a public nuisance if such an alarm system has been intentionally activated at least once to summon the police to an incident for which the alarm system was not intended. This may include, but not limited to, a robbery alarm being intentionally activated for an incident which is not a robbery, or an alarm which is intentionally activated merely to see what police response would result. 5. An alarm system shall be deemed a nuisance alarm and a public nuisance if, upon request of the police department, the responsible party for such a system refuses to provide a list of persons to be contacted should the alarm be activated, or upon request of the police department, refuses to respond to the site of the alarm. B. No Response Status. 1. If an alarm system has fallen into the category of a nuisance alarm as defined in subsection A of this section, the chief of police may, upon the next activation of that alarm, send a notice of no response to the owner or person responsible for the nuisance alarm. This notice shall indicate that the police department shall not respond to future activations of the nuisance alarm unless a violation of the law is personally reported to the department by a witness at the scene of the alarm. 2. The no response status shall remain in effect until such time that the owner or person responsible for the nuisance alarm has provided adequate evidence to the chief of police that the problems causing the alarm to become a nuisance have been satisfactorily corrected. (Ord. 93 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 11.60.013) Santa Fe Springs Code of Ordinances CHAPTER 91: ALARM SYSTEMS Section 91.01 Findings 91.02 Definitions 91.03 Direct dial telephone devices 91.04 Audible alarm requirement 91.05 False alarm 91.06 Repair 91.07 Maintaining a public nuisance alarm 91.08 Service charges 91.09 Exemptions 91.10 Alarm disconnection requirements 91.11 Appeals 91.12 Corrective action § 91.01 FINDINGS. (A) The majority of burglar and holdup alarms to which law enforcement responds are false. Such false alarms result in an enormous waste of manpower. The fact that there is such a large percentage of false alarms may lull law enforcement officers into a sense of false security. In responding to an alarm, they will probably assume it is a false alarm and may be wounded by criminals at the location. (B) Alarm systems which automatically and directly dial any emergency phone number are very prone to be activated by current failures or other events having no connection with criminal activity and tie up such emergency phones making them unavailable to receive genuine emergency calls. (C) The danger to citizens through emergency response created by false alarms is unnecessary and hazardous. (D) The unnecessary waste of tax dollars through responses to false alarms must be eliminated. (E) False burglar and holdup alarms have created conditions causing danger and annoyance to the general public. ('64 Code, § 15B-1) (Ord. 560, passed 5-9-79) § 91.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALARM OWNER. The person who owns, leases, rents, uses or makes available for use by his agents, employees, representatives or family any alarm system. ALARM SYSTEM. Any device, whether known as a burglary, robbery or intrusion alarm, direct dial telephone device, audible or silent alarm or by any other name, which is used for the detection of an unauthorized entry into a building, structure or facility or to signal the commission of an unlawful act. It shall include those devices which emit a signal within the protected premises only, are supervised by the proprietor of the premises where located and are otherwise known as "proprietary alarm systems." Auxiliary devices installed by a telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system are not included in this definition. AUDIBLE ALARM. A device designed to notify persons in the immediate vicinity of the protected premises, by emission of an audible sound, of an unauthorized entry on the premises or of the commission of an unlawful act. DIRECT DIAL DEVICE. A device which is connected to a telephone line and upon activation of an alarm system, automatically dials a predetermined telephone number and transmits a message or signal indicating a need for emergency response. FALSE ALARM. An alarm signal activated by causes other than the commission or attempted commission of an unlawful act which the alarm system is designed to detect. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm. ('64 Code, § 15B-2) (Ord. 560, passed 5-9-79) § 91.03 DIRECT DIAL TELEPHONE DEVICES. (A) No person shall use any alarm system which is equipped with a direct dial device, and which when activated, automatically dials any telephone number in any office of the Police Department. (B) Violation of this section shall be deemed an infraction. ('64 Code, § 15B-8) (Ord. 560, passed 5-9-79) Penalty, see § 10.97 § 91.04 AUDIBLE ALARM REQUIREMENT. (A) For every audible alarm, the alarm owner thereof shall post prominently on the exterior of the premises the names and telephone numbers of persons to be notified to render repairs or service during any hour of the day or night during which the audible alarm is operated. An audible alarm shall terminate its operation or the audible alarm shall automatically reset within 30 minutes of its being activated. (B) Violation of this section shall be deemed an infraction. ('64 Code, § 15B-9) (Ord. 560, passed 5-9-79) Penalty, see § 10.97 § 91.05 FALSE ALARM. (A) A person shall not knowingly turn in a false alarm. This section does not prohibit a test of an alarm system as permitted in advance by the Police Department. (B) Violation of this section shall be deemed an infraction. ('64 Code, § 15B-10) (Ord. 560, passed 5-9-79) Penalty, see § 10.97 § 91.06 REPAIR. After any false alarm, the alarm owner shall, upon request by the Director of Police Services, submit a written report to the Director of Police Services describing actions taken or to be taken to eliminate the cause of the false alarm. This report shall be submitted within 10 days of the date of request by the Director of Police Services. ('64 Code, § 15B-11) (Ord. 560, passed 5-9-79) § 91.07 MAINTAINING A PUBLIC NUISANCE ALARM. (A) The generation of any false alarm shall constitute a public nuisance. (B) Violation of this section shall be deemed an infraction. ('64 Code, § 15B-12) (Ord. 560, passed 5-9-79; Am.Ord. 962, passed 8-26-04; Am. Ord. 991, passed 5-8-08) Penalty, see § 10.97 § 91.08 SERVICE CHARGES. A service charge shall be billed to and paid by alarm owners for each police officer's response which was to a false alarm, or which response did not require such police officer's services other than deactivation of an alarm system. Such charges shall be payable within 30 days of billing date. Such service charge shall be established by resolution of the City Council. ('64 Code, § 15B-12.1) (Ord. 683, passed 12-12-85; Am. Ord. 719, passed 8-13-87; Am.Ord. 962, passed 8-26-04; Am. Ord. 991, passed 5-8-08) § 91.09 EXEMPTIONS. The provisions of this chapter are not applicable to audible alarms affixed to motor vehicles or to a public telephone utility whose only duty is to furnish telephone service pursuant to tariffs on file with the State Public Utilities Commission. ('64 Code, § 15B-13) (Ord. 560, passed 5-9-79) § 91.10 ALARM DISCONNECTION REQUIREMENTS. The Director of Police Services may order an alarm owner to, temporarily or permanently, disconnect an alarm if either of the following conditions is met: (A) A billed service charge is not paid within 60 days of the billing date. (B) Ten or more false alarms have been experienced during a 12-month period. ('64 Code, § 15B-13.5) (Ord. 683, passed 12-12-85) § 91.11 APPEALS. Request for review of billing validity may be made to the Department of Police Services. Following this review, if the alarm owner is not satisfied with the response, appeal for final determination may be made in writing to the Director of Police Services, whose decision shall be final. ('64 Code, § 15B-13.6) (Ord. 683, passed 12-12-85) § 91.12 CORRECTIVE ACTION. Violations of this chapter may be prosecuted in the same manner as any other misdemeanor. However, upon the first violation of § 91.07, the Department of Police Services shall serve a written notice on the violator describing the violation and specifying that the causes of the violation shall be corrected within 10 days of the date of service of the written notice. No further action shall be taken provided that the Department of Police Services determines that the causes of the violation have been removed or fully corrected within the time period specified in this section. ('64 Code, § 15B-15) (Ord. 560, passed 5-9-79; Am. Ord. 611, passed 12-28-81) Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-883 Agenda Date: 11/21/2018 Status: BusinessVersion: 1 File Type: ReportIn Control: Public Safety Advisory Commission Agenda Number: 3) Page 1 City of Lake Elsinore Printed on 11/16/2018 Page 1 of 2 REPORT TO PUBLIC SAFETY ADVISORY COMMISSION To: Honorable Chairman and Members of the Public Safety Advisory Commission From: Nicole Dailey, Assistant to the City Manager Date: November 20, 2018 Subject: Discuss and Review Existing Municipal Codes Related to Animals Recommendation Discuss and recommend proposed amendments to Lake Elsinore Municipal Code Title 6 regarding Animals including adding Chapter 6.06 regarding mandatory spay, neuter and microchip and amending Chapter 6.04 to remove cat licensing requirements. Background The City of Lake Elsinore has contracted with Animal Friends of the Valley (AFV) to provide a full range of animal control services to safeguard the health and safety of the citizens of the City and its domestic animals for nearly 30 years. These services include field services, after-hours emergency response, humane treatment of animals, public education, and enforcement of animal control municipal codes. The City has agreements with AFV for animal control sheltering and field services, which are governed by separate agreements. The City’s animal sheltering services are covered by an agreement with the Southwest Communities Financing Authority (SCFA) administered by Riverside County on behalf of the City and our neighboring cities. This fiscal year, the City budgeted $655,410 for animal control field and shelter services. Part of the City’s annual fiscal year costs related to sheltering services are based on the percentage of animals taken into the shelter for our City. Each year, the City of Lake Elsinore has amongst the highest percentage of cats and dogs going into the shelter in the region. Last year, the City was responsible for more than 24% of the total animal population brought into our local animal shelter, which was by far the highest for the six areas covered by AFV in Southwest Riverside County. For context, the second highest percentage was in the unincorporated County areas, which was responsible for 20.5% of all animals brought in. Discussion As the Southwest Riverside County region has grown, so have the demands and costs for animal control and sheltering services. At the urging of AFV, the SCFA Board has agreed that Mandatory Spay, Neuter and Microchip Page 2 of 2 steps must be taken now to create long-term changes that will positively impact pet overpopulation and save more animal lives. Therefore, AFV and the SCFA is asking that Southwest Riverside County cities to adopt mandatory spay, neuter and microchipping provisions within their municipal codes to reduce the number of stray animals, reduce animal populations within shelters, and, ultimately, reunite more sheltered animals with their owners. Last calendar year, the SCFA sheltered 744 dogs and 481 cats from Lake Elsinore alone. Of these, only 48.5 percent of the dogs and only 3.95 percent of the cats were reunited with their owners. To date, Riverside County and the cities of Riverside and Menifee have adopted these provisions. In addition, staff is encouraging the consideration to remove requirements for cat licensing in Lake Elsinore. Currently, the City is the only entity in Southwest Riverside County that requires cat licensing. Originally, the policy of mandatory cat licensing was adopted in an attempt to address and reduce the cat population. Each year, the City and shelter struggle to address an increasing number of feral and stray cats in our community. Therefore, upon evaluation, this provision has proven to be ineffective and difficult to enforce. Rather, staff believes mandatory microchipping will greatly improve AFV’s ability to reunite cats and dogs with their owners, eliminating the need for mandatory cat licensing. In the City of Lake Elsinore, residents have shown an increased interest in microchipping their pet. In 2017, more than 25% of all microchip implants conducted by AFV were in the City. Upon close review of Title 6 of the Lake Elsinore Municipal Code (LEMC) regarding Animals, it is clear many sections may be in need of review by AFV and City staff regarding applicability. However, at this time, staff would like to ask the Commission to review the existing municipal codes and the proposed chapter regarding mandatory spay, neuter and microchip. Specifically, staff seeks recommended changes and considerations related to these provisions including the removal of mandatory cat licensing. Upon recommendations by the Commission, staff will work closely with AFV and the City Attorney to streamline our existing municipal codes prior to taking them forward as an ordinance to the City Council. This includes developing an appropriate fee schedule related to these new provisions to be adopted by resolution by the City Council at a later date. Fiscal Impact None at this time. However, additional revenues related to these new provisions are expected to offset related costs to enforce and implement these new programs. Exhibits A – LEMC Chapter 6.04 Redlined to Remove Cat Licensing B – LEMC Chapter 6.06 Mandatory Spay, Neuter and Microchip (Proposed) Chapter 6.04 ANIMALS AND ANIMAL CONTROL OFFICERS Sections: 6.04.010 Definitions. 6.04.020 Animal control fees. 6.04.030 Dog licensing. 6.04.040 Vaccination requirements. 6.04.050 License information – Tags. 6.04.060 Kennels and catteries. 6.04.070 Kennel or cattery permit/license – Application and issuance condition. 6.04.080 Record of dogs and cats sold. 6.04.090 Kennel, cattery and pet shop inspections. 6.04.095 Sale or adoption of cats or dogs. 6.04.100 Sterilization of adopted animals. 6.04.110 Nonprofit corporations. 6.04.120 Duties of Animal Control Officer. 6.04.130 Animal Control Officers – Enforcement duties – Entrance upon private property. 6.04.140 Dog and cat impoundment regulations. 6.04.150 Repealed. 6.04.160 Unlawful acts designated. 6.04.170 Transporting of animals. 6.04.180 Animals unattended in a motor vehicle. 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 animals. 6.04.250 Vicious or unsafe dogs. 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. Prior legislation: Ords. 641, 655 and 733. 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 theelements. “Animal Control Agency” shall mean the City or 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 his/her 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 orinstrumentality. “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 similarpurpose. “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 similarpurpose. “Dog or cat owner” means any person harboring, pet sitting, caretaking, custodian, resident at which registered owner, licensed owner, any person in charge of theanimal. “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 properlylicensed. “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 10 cats, four months of age or older, are kept or maintained for noncommercial reasons. Each cat must be altered by six months of age. “Noncommercial kennel” means any building, structure, enclosure or premises whereupon, or within which, five to 10 dogs, four months of age or older, are kept or maintained for noncommercial reasons. Each animal shall be individually licensed at four months and altered upon reaching six months of age. “Person” means any individual, firm, partnership, joint venture, corporation, association, club or organization. “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. “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 of 11- or nine-gauge wire, with the dimensions: minimum 12 feet by six feet high, to be entirely enclosed with an attached chain link top, to include an end protective area from the weather no less than four feet on top and four feet on either side, to be constructed with plywood or fiberglass on the outside of the kennel. Chain link is to be set in concrete flooring around the base of the kennel, and the kennel must be reinforced with a top and lower retaining rail; top is for support and the bottom is to serve as a safety guard against dog pulling chain link out of concrete. “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. “Public places” means and shall include, without limitation, streets, highways, fronts of places of business, 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. [Ord. 1082 § 1, 2002; Ord. 1033 § I, 1998; Ord. 1003 § 2, 1996]. 6.04.020 Animal control fees. Fees, penalties and charges related to animal control shall be established by resolution of the City Council. [Ord. 1283 § 1, 2010; Ord. 1118 § 2, 2004; Ord. 1082 § 2, 2002; Ord. 1033 § I, 1998; Ord. 1003 § 2, 1996]. 6.04.030 Dog licensing. A.It is unlawful for any person to own, harbor or keep any dog four months of age or older within the City for a period longer than 30 days, unless there is attached to such dog a valid license tag obtained from the City of Lake Elsinore. A license will be issued for each dog upon payment of a license fee established pursuant to LEMC 6.04.020. Said license shall be valid for a period of one year following issuance and shall be renewed within 30 days after such period termination. B.If an application for a license is made more than 30 days after the date such license is required, the applicant shall pay a penalty established pursuant to LEMC 6.04.020. 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 pursuant to LEMC 6.04.020. C.Any dog 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 year. A Lake Elsinore license must be issued, however, to ensure that the dog is vaccinated against rabies and to ensure 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. [Ord. 1283 § 2, 2010; Ord. 1082 § 3, 2002; Ord. 1003 § 2, 1996]. 6.04.040 Vaccination requirements. A.At the time of payment of the fee for a dog 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 for which a license is sought with rabies vaccine, one injection or approved method, within a period of 12 months, and giving the date of such one injection or approved method, within a period of 12 months, and giving the date of such vaccination, the brand or type of each dog and the name of the owner of said dog orcat. B.Each veterinarian after vaccinating any dog shall sign a certificate of vaccination in duplicate in the form required by the Health Officer. The veterinarian shall keep one copy, shall give one copy to the owner of the vaccinated dog and shall send one copy to the Animal Control Agency. The owner shall retain his or her copy of the certificate in a safe place for so long as he or she shall continue to own the dog or until such time as the dog is vaccinated again, at which time the new certificate shall be retained as above indicated. [Ord. 1003 § 2, 1996]. 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 ease of an individual dog license, a description of the dog 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 there shall be issued and delivered to the person securing the license a metal tag with a serial number of the license issued. Each kennel or cattery license shall show the maximum number of animals which may be kept in such kennel or cattery under authority of such license. [Ord. 1003 § 2,1996]. 6.04.060 Kennels and catteries. A.It is unlawful for any person to own or operate a commercial kennel, noncommercial kennel, commercial cattery, noncommercial cattery or a pet shop without first obtaining a permit from the Animal Control Agency or their designee. Said license shall be valid for a period of one year following issuance and shall be renewed within 30 days after such period terminates. B.If an application for a license is made more than 30 days after the date such license/permit is required, the applicant shall pay a penalty pursuant to LEMC 6.04.020. [Ord. 1283 § 3, 2010; Ord. 1003 § 2, 1996]. 6.04.070 Kennel or cattery permit/license – Application and issuance condition. A.Acknowledgment of Standards. A copy of the applicable standards will be supplied to the applicant with each request for an application for a permit, and the applicant shall acknowledge receipt of such standards and agree to comply with them and to allow inspections at reasonable times by signing the application form. B.Application for a kennel, cattery or pet shop permit/license shall be filed with the Animal Control Agency no later than 10 days after obtaining written verification from the Planning Division of the City that the operation of a kennel, cattery, or pet shop is in compliance with all applicable City codes. After receipt of the application, the Animal Control Agency or their designee shall make, or cause to be made, an examination of the kennel, cattery or pet shop, and the permit/license shall be issued if the kennel, cattery or pet shop in the opinion of the Animal Control Agency or their designee satisfactorily meets each of the following conditions: 1.The kennel, cattery or pet shop is constructed, equipped and maintained so as to continuously provide a healthful and sanitary environment for all animals, including dogs and cats kept, or to be kept therein; 2.There is adequate shelter from the elements and sufficient space for exercise; 3.There is ample and healthful food and potable water, and adequate sanitary facilities for the storage of such food and water; 4.There are 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 permit/license has not been convicted of the crime of cruelty to animals whether in this State or any other state; 8.Sick animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from display and sale. No person shall knowingly sell a sick or injured animal or bird. Sick animals shall be kept in isolation quarters with adequate ventilation to keep from contaminating well animals; 9.An employee or owner shall come in to feed, water and do the necessary cleaning of animals and birds on days the store or shop is closed; 10.Living quarters for human habitation shall not be considered adequate for a commercial kennel or cattery or a pet shop. C.The Animal Control Agency or its designee shall have the authority to enter upon the premises in which a kennel, cattery or pet shop is located for the purpose of determining whether such kennel or cattery satisfactorily meets the conditions set forth in this chapter. D.The Animal Control Agency may deny an application for a permit/license required by this chapter, whether original or renewal, or suspend or revoke such a permit/license if it finds that any kennel, cattery or pet shop fails to meet any of the conditions set forth in this chapter, or the premises within which dogs or cats are kept or maintained as provided in this chapter fail to meet any of the conditions set forth herein. The Animal Control Agency shall prepare a notice of denial of an application, or suspension or revocation of a permit/license, setting forth the reasons for such a denial, suspension or revocation. Such notice shall be served personally on the applicant or licensee. Such notice of denial, suspension or revocation may be appealed by filing with the City, within 15 days after notice of such denial, suspension or revocation, a written notice of appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper and by paying the fee for appeal established pursuant to LEMC 6.04.020. The City Clerk shall give notice to the appellant by regular mail of the time and place of the hearing. Such appeal shall be heard by the City Council which may affirm, amend or reverse the decisions. In conducting the hearing, the Council shall not be limited by the technical rules of evidence. [Ord. 1283 § 4, 2010; Ord. 1082 § 4, 2002; Ord. 1003 § 2,1996]. 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 and the description of the dog or cat sold including breed, color, sex, month and year of birth, and veterinarian records. Copies of these records shall be provided to the Animal Control Agency or their designee monthly within 10 calendar days after the last day of each month. [Ord. 1003 § 2, 1996]. 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 kennel, cattery or pet shop permit/license. [Ord. 1003 § 2, 1996]. 6.04.095 Sale or adoption of cats or dogs. A.Any person who provides or offers to the public, whether or not for compensation, any pet or pet-related goods or services shall provide to their clients, free of charge, information relating to pet care and ownership, including information on City laws pertaining to animal control. This required information will be prepared and provided by the animal control program. B.Any person offering pets for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing requirements of Lake Elsinore applicable to such animal. C.Prior to release for adoption, any animal adopted from any animal welfare agency shall be spayed or neutered as early as is medically appropriate, unless the adoptive owner obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal. [Ord. 1003 § 2, 1996. Code 1987 § 6.04.090A]. 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 $50.00. 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. [Ord. 1082 § 5, 2002; Ord. 1003 § 2, 1996]. 6.04.110 Nonprofit corporations. A nonprofit corporation formed pursuant to the provisions of the California Corporation Code commencing with Section 10400 for the prevention of cruelty to animals shall not be required to pay a fee for the licenses required by this chapter. With the exception of such fees, all other provisions of this chapter shall be applicable to any such nonprofit corporation. [Ord. 1003 § 2, 1996]. 6.04.120 Duties of Animal Control Officer. It shall be the duty of the Animal Control Officer: A.To receive, take up and impound: 1.Any dog or cat found running at large in violation of this chapter or of any law of the State of California. 2.Any dog or cat which is molesting any person. 3.Any cat or dog which is molesting or harassing animals, birds 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 if unknown, then the dog shall be impounded. D.To follow the provisions of Penal Code 597 in humanely destroying or giving emergency care to sick or injured dogs or cats. E.To do and perform any other acts necessary to carry out the provisions of this chapter and of the laws of the State relating to dogs. F.Make such reports to the Animal Control Agency and City Council as they may require, relative to his duties as Animal Control Officer and performance of his duties in accordance with this chapter. G.To conduct license inspections to ensure that all dogs four months of age or older have been vaccinated and are properly licensed. [Ord. 1082 § 6, 2002; Ord. 1003 § 2, 1996]. 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 or cat is kept or believed to be kept for the purpose of ascertaining whether any dog is harbored in violation of any of the provisions of this chapter, subject to constitutional and statutory search and seizure laws. [Ord. 1003 § 2, 1996]. 6.04.140 Dog and cat impoundment regulations. A.No impounded animal shall be redeemed except on payment of all appropriate fees established pursuant to LEMC 6.04.020. No dog\ 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. 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 10 days from the date of the giving of such notice, the officer having custody of the dog shall dispose of it in accordance with the provisions of this chapter or shall have the dog or cat destroyed. C.Upon impounding an unlicensed dog or cat, the officer shall give notice in person or by regular mail to the owner, if known, of the impounding of such dog or cat. If such dog or cat is not redeemed within five days after such notice has been given, the officer shall dispose of such dog or cat in accordance with the provisions of this chapter or shall have the dog or cat destroyed. D.The officer having custody of any impounded dog or cat may, by humane methods, summarily destroy said dog or cat if: 1.The dog or cat is suffering from any incurable, dangerous or contagious disease, providing a licensed veterinarian shall certify, in writing, that such dog or cat is so suffering; or 2.It is an unlicensed vicious dog or cat. E.The Animal Control Officer may not sell, give away or otherwise transfer title of any dog, cat or any other animal to any person, or institution for use in the diagnosis or treatment of human or animal disease or in research for the advancement of veterinary, dental, medical or biological sciences or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals or drugs. [Ord. 1283 § 5, 2010; Ord. 1003 § 2, 1996]. 6.04.150 Fees and charges. Repealed by Ord. 1283. [Ord. 1003 § 2, 1996]. 6.04.160 Unlawful acts designated. It is unlawful: A.For the owner of any dog to fail, neglect or refuse to obtain a license for each dog as required in this chapter. B.For an owner of any dog 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 for which the license tag was issued. C.For any person to interfere with, oppose or resist the Animal Control Officer or other person charged with the enforcement of this chapter, while the Animal Control Officer or such other person or persons are engaged in the performance of their duties under this chapter. D.For any person to attach any current license tag on any dog other than the dog for which such license tag was originally issued. E.For any person other than the owner to remove from any dog any tag which has been attached to such dog pursuant to the provisions of this chapter or for any person to counterfeit or imitate any such tag or attach a counterfeit or imitation tag to any dog or to possess any such counterfeit tag. F.For the owner or person in charge thereof of any vicious dog to fail, neglect, or refuse to keep posted in a conspicuous place at or near the entrance and around the premises on which said dog is kept, a sign having letters at least two inches in width and reading “BEWARE OF VICIOUS DOG.” No vicious dog shall be permitted to leave the premises of the owner or person in charge thereof unless such dog is securely muzzled, leashed, and under the control of a person 18 years of age or older and who is physically capable of restraining said animal. G.For any person to remove an impounded animal from an Animal Control Center without the consent of the officer in charge thereof. H.For the owner or person in charge of any dog, whether licensed or unlicensed, to permit such dog to roam, stray or run at large in, or into any position within the City of Lake Elsinore. 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 LEMC 6.04.245 and that the maintenance of a noisy animal is a public nuisance, to fail, refuse, or neglect to take whatever steps or use whatever means are necessary to assure that such animal does not again disturb residents in the vicinity in which the animal is kept. J.For any person to abandon any animal without care on any public or private property. Any animal abandoned may be impounded and disposed of in a humane manner. At least 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 Animal Control Agency within 72 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. K.For the owner or person in charge thereof of any sentry dog to fail, neglect or refuse to keep posted in a conspicuous place at or near the entrance to the premises on which said dog is kept, a sign having letters at least two inches in width and reading “SENTRY DOG ON DUTY.” No sentry dog shall be permitted to leave the premises of the owner or person in charge thereof unless such dog is under the immediate control and physical restraint of such owner or person. L.For the owner or person in charge thereof of any vicious dog to fail to comply with an order issued pursuant to LEMC 6.04.250(G). [Ord. 1082 §§ 7, 8, 2002; Ord. 1033 § I, 1998; Ord. 1003 § 2, 1996]. 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, two-way tether cage, container or any other device that will prevent the animal from falling, jumping or being thrown from the motor vehicle. [Ord. 1003 § 2, 1996]. 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 subsection (A) of this section, where the owner may regain custody of it, and that the owner will be liable for impound fees andcosts. 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. [Ord. 1082 § 9, 2002; Ord. 1003 § 2, 1996]. 6.04.190 Use of streets, sidewalks, public places. It shall be unlawful for any person to display, sell, offer for sale, barter or give away, upon any street, sidewalk or other public place within the City of Lake Elsinore as pets or novelties any fish, turtle, snake, lizard, chameleon, bird, cat, dog, fowl, guinea pig, rabbit, or other reptile or animal. [Ord. 1003 § 2, 1996]. 6.04.200 Traps and cages. Humane traps that have been approved by the Animal Control Officer are permitted to be used within the City of Lake Elsinore to be used to confine animals running at large on the private property of persons. A.A sign shall be posted on the property stating that such a trap is in use. B.Trapping shall not continue for more than 10 days in a 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. [Ord. 1003 § 2, 1996]. 6.04.210 Crimes against animals. A.Felony or Misdemeanor. Every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the State prison, or by a fine of not more than $20,000 or by both the fine and imprisonment, or alternatively, by imprisonment in the County jail for not more than one year, or by a fine of not more than $20,000 or by both the fine and imprisonment. B.Every person who tortures, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates or cruelly kills an animal, or causes or procures any animal who has been tortured, deprived of necessary sustenance, drink, or shelter, and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather is, for every such offense, guilty of a crime punishable as a misdemeanor or as a felony or alternatively punishable as a misdemeanor or a felony and by a fine of not more than $20,000. 1.This subsection (B) applies to any mammal, bird, reptile, amphibian and fish; if any person is charged with a violation of this subsection (B) and the animal is a mammal, bird, reptile, amphibian or fish that is an endangered, or threatened species (governed under Fish and Game Sections 2050 through 2098), the proceedings shall be subject to Section 12157 of the Fish and Game Code. 2.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. [Ord. 1003 § 2, 1996]. 6.04.220 Animal sanitation. A.Any area occupied by any animal is to be maintained in a sanitary manner. Water is to be kept fresh and feces disposed of on no less than a biweekly basis. Any extreme conditions would be considered a cruelty and would be cited pursuant to LEMC 6.04.210. B.It shall be unlawful for the owner or person having custody of any dog either willfully or through failure to exercise due care or control to allow said dog to defecate and to allow the feces thereafter to remain on any public or private property not owned or possessed by the owner or the person who has custody, control, or possession of the dog. [Ord. 1082 § 10, 2002; Ord. 1003 § 2, 1996]. 6.04.230 Female dogs and cats in season (estrus). Dog and cat owners shall securely confine their female dogs and cats while in season (estrus) within an enclosure in a manner that will prevent the attraction of male dogs or male cats to the immediate vicinity. Any person found in violation of this chapter is guilty of a misdemeanor. [Ord. 1003 § 2, 1996]. 6.04.240 Isolation of animals – Rabies precaution. A.Whenever it is shown that any animal has bitten any person, the owner or persons having the custody or possession thereof shall, upon order of the Animal Control Officer, quarantine it and keep it confined at the owner’s expense for a period of 10 days for cats and dogs, and 14 days for all other types of animals; and shall allow the Animal Control Officer or his representative to make an inspection or examination thereof any 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 afflicted with rabies, the Animal Control Officer shall thereupon order the person who owns or has the custody of the dog that until further order of the Animal Control Officer shall direct to prevent it from biting or having the opportunity of biting any person. Failure to do so on the part of the owner or person having custody of the dog shall constitute a violation of this chapter. C.The Animal Control Officer may, at his discretion, post or cause to be posted an appropriate sign on any premises where a dog has been quarantined pursuant to this chapter to warn the public of the fact. It is unlawful for any person to remove the sign posted 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 having rabies, or shows any symptoms of rabies, the owner or person having possession of the animal shall immediately notify the Animal Control Officer, and confine the animal, and keep it confined until it is established to the satisfaction of the Animal Control Officer that it does not have rabies. The Animal Control Officer shall have the power to quarantine any such animal or impound it at the owner’s expense if the owner or person having possession thereof fails to confine such animal immediately, or in case the owner or person having possession thereof is not readilyaccessible. F.Whenever the Animal Control Officer determines that an epidemic of rabies exists or is threatened, he/she shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including the declaration of a quarantine against any or all animals in any area of the City as the Animal Control Officer may determine and define, for a period of not more than 120 days. An additional or extended quarantine period may also be declared if the same shall be deemed necessary by the Animal Control Officer for the protection and preservation of the public health, peace and safety. Any quarantine declared under the provisions of this section other than as restricted herein shall be upon such conditions as the Animal Control Officer may determine and declare. G.The City of 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. [Ord. 1003 § 2, 1996]. 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 made, posted at the premises upon which the animal is located. A copy of the noisy animal warning notice shall be filed with the Animal Control Director. The Animal Control Director, or his/her designee, shall make a reasonable attempt to speak with the responsible party regarding the noisy animal warning notice within five days of its issuance. If within five 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 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 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 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 10 working days after the conclusion of the hearing held pursuant to subsection (D) of this section, the Animal Control Hearing Officer shall by certified mail, return receipt requested, notify the owner(s) or person(s) having charge, custody, or control of the animal of the Officer’s determination and any orders issued. If the Animal Control Hearing Officer determines that the animal is a noisy animal and that the maintenance thereof is a public nuisance, the owner or keeper of the animal shall 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 Statelaw. 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: 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 noisyanimal. 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 thenuisance. 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. 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 established pursuant to LEMC 6.04.020. G.Noisy Animal Response Charge. The following shall apply on a subsequent noisy animal response by a Sheriff or Animal Control Officer within six months after the issuance of a noisy animal warning notice to a responsible party: 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 paid within 30 days of the date of the issuance of the billing and at the direction of the City may be paid directly to the Animal Control Agency. 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 15 days after the date of issuance of the bill, file a written request with the Animal Control Director appealing the charge imposed. The City shall withhold on collection of the bill pending the decision on the appeal. The Animal Control Director shall set the matter for hearing before the Animal Control Hearing Officer, which hearing shall be within 15 business days after receipt of the appeal. The Animal Control Officer shall issue a written decision on the appeal within 10 days of the close of the hearing, which decision shall be mailed by certified mail, return receipt requested to the appellant. The decision of the Animal Control Hearing Officer shall be final. If, after the hearing before the Animal Control Hearing Officer, the appeal is denied in part or in whole, all amounts due to the City shall be paid within 30 days of the date of the mailing of the decision of the Animal Control Hearing Officer. [Ord. 1283 § 7, 2010; Ord. 1082 § 11, 2002; Ord. 1033 § 1, 1998]. 6.04.250 Vicious or unsafe dogs. 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 vicious or unsafe animals which constitute a public nuisance which should be abated. The provisions of this chapter provide an administrative procedure by which animals found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This chapter is intended to supplement rather than supplant any other remedy available under Statelaw. C.Investigation. Any animal confined pursuant to subsection (A) of this section for biting a human being and any incident reported either to the Sheriff’s Department or the Animal Control Officer concerning a vicious or unsafe animal(s) shall be investigated by the Sheriff or his designee or the Animal Control Officer. Based on the investigation, if either the Sheriff’s Department or the Animal Control Officer has reasonable cause to believe that the animal is vicious or unsafe, and there is need to abate the animal as a vicious or unsafe animal, he 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 Sheriff’s Department or the Animal Control Officer or his designee has reasonable cause to believe that an animal is vicious or unsafe and that it constitutes an imminent threat to the health or safety 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 the animal, the Sheriff’s Department or the Animal Control Officer shall issue an order directing the owner to appear at a designated hearing, as provided pursuant to subsection (E) of this section, to show why such animal shall not be declared a nuisance and to have said nuisance abated and to prevent the nuisance and to perpetually enjoin the person maintaining it, and the owner, lessee or agent of the building, or place, in or upon which the animal exists, from maintaining or permitting it. E.Scheduled Hearing. A hearing date shall be set no later than 25 days from the date of certification of a vicious or unsafe animal. The Animal Control Agency or Animal Control Officer shall mail or otherwise deliver notice of the hearing to the owner or person controlling the animal, the owner of the real property in which the animal is kept, and may mail notice to the interested persons. F.Hearing. The hearing shall be held by 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. G.Finding – Public Nuisance. If, based upon the hearing, the Animal Control Agency finds that the animal is vicious, unsafe or noisy and requires abatement, they shall so specify in writing together with the reasons therefor. Any animal found to be vicious, unsafe or noisy and subject to abatement is hereby deemed a public nuisance and shall be, pursuant to the order of the Animal Control Agency, humanely 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 Animal Control Agency finds the animal is vicious, unsafe or noisy and subject to abatement, the costs of impoundment including all cost of abatement shall be paid by the owner of the real property or the person owning or controlling the animal and shall become a lien against the real property upon which the animal was kept and maintained until said assessment is paid. If the Animal Control Agency finds that the animal is vicious or unsafe but not subject to abatement, or if the order includes the release of the animal found to be vicious, unsafe or noisy to the owner or person controlling it, the animal shall not be released until such costs have been paid in full. If such costs have not been paid within 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. J.Vicious or Unsafe Animal Registration Fee. An animal that has been deemed vicious or unsafe will be required to be registered with the Animal Control Agency in addition to obtaining all other necessary licenses. The fees for registering a vicious animal license are established in LEMC 6.04.020. Failure to renew the registration will result in impoundment of the animal and a citation will be issued as a misdemeanor. [Ord. 1082 § 12, 2002; Ord. 1033 § 1, 1998; Ord. 1003 § 2, 1996]. Mobile Version 6.04.260 Keeping of exotic animals. It is hereby unlawful for any person, firm or corporation to have, keep or harbor or possess any exotic animal, the possession of 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. [Ord. 1003 § 2, 1996]. 6.04.270 Keeping of exotic animals – Exceptions. A.Any exotic animal harbored, owned or possessed prior to the passing of the ordinance codified in this chapter shall be allowed to be kept as per signed agreement between the owner/keeper and the Animal Control Agency. B.An educational institution may, for an approved, temporary time, have any animal contained with a scientific permit through the Department of Fish and Game. Such a request shall be made, in writing, to the Animal Control Agency, at least five working days prior to possession of such animal. [Ord. 1003 § 2, 1996]. 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. [Ord. 1003 § 2, 1996]. 6.04.290 Constitutionality – Separability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of the chapter. [Ord. 1003 § 2, 1996]. VI. Animals Chapter 6.06 MANDATORY SPAY, NEUTER AND MICROCHIP Sections: 6.06.010 Definitions 6.06.020 Mandatory spay and neuter. 6.06.030 Microchipping of dogs and cats. Section 6.06.010 Definitions. "Altered" means a male animal that has been neutered or a female animal that has been spayed. Also referred to as a sterile animal. “Animal Control Agency” shall mean the City or its designee, which may specifically include the City’s contractor for animal control services. “City” shall mean the City of Lake Elsinore. “Impounded” means an animal having been received into the custody of any animal control center, animal control officer, animal control vehicle, or peace officer authorized by the City under the provisions of this chapter. "Owner." Any person who intentionally provides care or sustenance for any animal, including but not limited to a dog or cat, for any period exceeding a total of thirty (30) days. "Unaltered and unspayed." A dog or cat, four months of age or older, that has not been spayed or neutered. A condition, that exists, in an animal which permits the producing of offspring. Section 6.06.020 Mandatory spay and neuter. A. Altered dogs and cats. 1. Requirement. No person may own, keep, or harbor an unaltered and unspayed dog or cat over the age of seven months in violation of this section. An owner or custodian of an unaltered dog must have the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered dog license in accordance with this chapter. An owner or custodian of an unaltered cat must have the animal spayed or neutered, or provide a certificate of sterility. 2. Exemptions. This section shall not apply to any of the following: a.A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California Licensed Veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than thirty (30) days, the owner or custodian must apply for an unaltered dog license. b.A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California Licensed Veterinarian. If the cat is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation. c.Animals owned by recognized dog or cat breeders, as defined by City or Animal Control Agency. d.Female dogs over the age of 10 years and male dogs over the age of 12 years, however an unaltered license is still required. B. Denial or revocation of unaltered dog license and reapplication. 1. The Animal Control Agency may deny or revoke an unaltered dog license for one or more of the following reasons: a.The owner, custodian, applicant or licensee is not in compliance with all of the requirements of this section; b.The Animal Control Agency has received at least three complaints, verified by the agency, that the owner, custodian, applicant, or licensee has allowed a dog to be stray or run at large or has otherwise been found to be neglectful of his or her or other animals; c.The owner, custodian, applicant, or licensee has been previously cited for violating a State law, city code or other municipal provision relating to the care and control of animals; d.The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous, dangerous or vicious, or to be nuisance within the meaning of the Lake Elsinore Municipal Code or under state law; e.Any unaltered dog license held by the applicant has been revoked; f.The license application is discovered to contain a material misrepresentation or omission of fact. 2.Re-application for unaltered dog license: a.When an unaltered dog license is denied, the applicant may re-apply for a license upon changed circumstances and a showing that the requirements of this chapter have been met. The Animal Control Agency shall refund one-half of the license fee when the application is denied. The applicant shall pay the full fee upon re- application. b.When an unaltered dog license is revoked, the owner or custodian of the dog may apply for a new license after a thirty (30) day waiting period upon showing that the requirements of this chapter have been met. No part of an unaltered dog license fee is refundable when a license is revoked and the applicant shall pay the full fee upon re-application. C.Appeal of denial or revocation of unaltered dog license. 1. Request for hearing. a.Notice of intent to deny or revoke. The Animal Control Agency shall mail to the owner, custodian, licensee, or applicant a written notice of its intent to deny or revoke the license for an unaltered dog which includes the reason(s) for the denial or revocation. The owner, custodian, licensee or applicant may request a hearing to appeal the denial or revocation by filing such request with the Animal Control Agency. The request must be made in writing within fifteen (15) days after the notice of intent to deny or revoke is mailed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denial or revocation. b.Administrative Hearing Officer. The hearing shall be conducted by the Animal Control Agency. c.Notice and conduct of hearing. The Animal Control Agency or his/her designee shall mail a written notice of the date, time, and place for the hearing not less than ten (10) days before the hearing date. The hearing date shall be no more than forty-five (45) days after the Animal Control Agency receipt of the request for a hearing. The hearing will be informal, and the rules of evidence will not be strictly observed. The Animal Control Agency shall prepare and mail a written decision to the owner or custodian after the hearing. The decision of the hearing officer shall be the final administrative decision. d.Judicial Review of Administrative Decision. Any person aggrieved by the order of the Administrative Hearing Officer may obtain judicial review of that order by filing a petition for review with the Superior Court of Riverside County in accordance with the timelines and provisions set forth in California Code of Civil Procedure Section 1094.6. 2. Change in location of dog. If the dog is moved after the Animal Control Agency has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license, the owner, custodian, licensee, or applicant must provide the Animal Control Agency with information as to the dog's whereabouts, including the current owner or custodian's name, address, and telephone number. D.Transfer, sale, and breeding of unaltered dog or cat. 1. Offer for sale or transfer of unaltered dog. An owner or custodian who offers any unaltered dog over the age of four (4) months of age for sale, trade, or adoption must include a valid unaltered dog license number with the offer of sale, trade or adoption, or otherwise state and establish compliance with this section. An owner or custodian of an unaltered dog must notify the Animal Control Agency of the name and address of the transferee within ten (10) days after the transfer. The unaltered license and microchip numbers must appear on a document transferring the animal to the new owner. 2. Offer for sale or transfer of unaltered cat. An owner or custodian of an unaltered cat must notify the Animal Control Agency of the name and address of the transferee within ten (10) days after the transfer. The microchip numbers must appear on a document transferring the animal to the new owner. E.Penalties. Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below: 1. An administrative citation, infraction, or other such authorized penalty may be issued to an owner or custodian of an unaltered dog or cat for a violation of this section only when the owner or custodian is concurrently cited for another violation under State or local law pertaining to the obligations of a person owning or possessing a dog or cat. Examples of such State law or local ordinance violations include, but are not limited to, failure to possess a current canine rabies vaccination of the subject dog; dog or cat at large; failure to license a dog; leash law violations; kennel or cattery permit violations; tethering violations; unhealthy or unsanitary conditions; failure to provide adequate care for the subject dog or cat in violation of the Penal Code; rabies quarantine violations for the subject dog; operating a business without a license and/or lack of State Tax ID Number; fighting dog activity in violation of Penal Code section 597.5; animals left unattended in motor vehicles; potentially dangerous, dangerous or vicious animals; and noisy animals. 2. Should the owner or custodian of an unaltered dog or cat be found in violation of a State or local law, as stated above, in subsection (A), the owner or custodian shall be required to spay or neuter the unaltered animal in accordance with this section or may purchase an unaltered license but shall also be required to pay the spay or neuter violation. F.Impoundment of unaltered dog or cat. 1. When an unaltered dog or cat is impounded pursuant to state and/or local law, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to this chapter, the owner or custodian shall also do one of the following: a. Provide written proof of the dog or cat's prior sterilization, if conditions cannot or do not make this assessment obvious to Animal Control Agency personnel; b. Have the dog or cat spayed or neutered by an Animal Control Agency veterinarian at the expense of the owner or custodian. Such expense may include additional fees due to extraordinary care required; c. Have the dog or cat spayed or neutered by another California licensed veterinarian. The owner or custodian may arrange for another California licensed veterinarian to spay or neuter the animal and shall pay to the Animal Control Agency the cost to deliver said animal to the chosen veterinarian. The cost to deliver the animal shall be based on the Animal Control Agency's hourly rate. The veterinarian shall complete and return to the Animal Control Agency within ten (10) days, a statement confirming that the dog or cat has been spayed or neutered or is, in fact, incapable of breeding and shall release the dog or cat to the owner or custodian only after the spay or neuter procedure is complete; d. At the discretion of the Animal Control Agency, the dog or cat may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog or cat will be spayed or neutered and that he or she will submit a statement within ten (10) days of the release, signed by a California licensed veterinarian, confirming that the dog or cat has been spayed or neutered or is incapable of breeding; or e. If the owner or custodian demonstrates compliance with this section. 2.Costs of impoundment. a.The owner or custodian of the unaltered dog or cat shall be responsible for the costs of impoundment, which shall include daily board costs, vaccination/medication, and any other diagnostic or therapeutic applications as provided in this chapter. b.The costs of impoundment shall be a lien on the dog or cat, and the unaltered animal shall not be returned to its owner or custodian until the costs are paid or other arrangements are made including, but not limited to, a payment plan. If the owner or custodian of an impounded unaltered animal does not pay the lien against it in full within fourteen (14) days, the animal shall be deemed abandoned and become the property of the Animal Control Agency. G.Allocation of fees and fines collected. All costs and fines collected under this part and the fees collected under this section shall be paid to the Animal Control Agency on behalf of the City of Lake Elsinore for the purpose of defraying the cost of the implementation and enforcement of this program. Section 6.06.030 Microchipping of Dogs and Cats. A.All dogs and cats over the age of four (4) months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the Animal Control Agency and shall notify the Animal Control Agency of any change of ownership of the dog or cat, or any change of address or telephone number. B.Exemptions. The mandatory microchipping requirements shall not apply to any of the following: 1. A dog or cat with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of that fact from a California Licensed Veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation. 2. A dog or cat which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or custodian must obtain written confirmation of that fact from a California Licensed Veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation. 3. A dog or cat that is kenneled or trained in the City of Lake Elsinore, but is owned by an individual that does not reside in the City of Lake Elsinore. The owner or custodian must keep and maintain the animal in accordance with the applicable laws and ordinances of the jurisdiction in which the owner or custodian of the animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction. 4. A dog or cat over the age of ten (10) years. C.Transfer, sale of dogs and cats. 1.An owner or custodian who offers any dog, over the age of four (4) months, for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade or adoption. The license and microchip numbers must appear on a document transferring the dog to the new owner. The owner or custodian shall also advise the Animal Control Agency of the name and address of the new owner or custodian in accordance with subdivision (a) of this section. An owner or custodian who offers any dog, over the age of four (4) months, for sale, trade, or adoption and fails to provide the Animal Control Agency with the name and address of the new owner, is in violation of this chapter and shall be subject to the penalties set forth herein. 2.An owner or custodian who offers any cat, over the age of four (4) months, for sale, trade, or adoption must provide the microchip identification number with the offer of sale, trade or adoption. The microchip numbers must appear on a document transferring the cat to the new owner. The owner or custodian shall also advise the Animal Control Agency of the name and address of the new owner or custodian in accordance with Subdivision (A) of this section. An owner or custodian who offers any cat, over the age of four (4) months, for sale, trade, or adoption and fails to provide the Animal Control Agency with the name and address of the new owner, is in violation of this chapter and shall be subject to the penalties set forth herein. 3.When a puppy or kitten under the age of four (4) months implanted with microchip identification is sold or otherwise transferred to another person, the owner or custodian shall advise the Animal Control Agency of the name and address of the new owner or custodian, and the microchip number of the puppy or kitten within ten (10) days after the transfer. If it is discovered that an owner or custodian has failed to provide the Animal Control Agency with the name and address of the new owner and the microchip number of the puppy or kitten, the owner or custodian shall be subject to the penalties set forth in this chapter. D.When an impounded dog or cat is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to this chapter, the owner or custodian shall also do one of the following: 1.Have the dog or cat implanted with an Animal Control Agency microchip by an Animal Control Agency registered veterinarian technician or veterinarian or designated personnel at the expense of the owner or custodian; 2.Have the dog or cat implanted with an Animal Control Agency approved microchip by a California licensed veterinarian. The owner or custodian may arrange for another California licensed veterinarian to perform the implant and shall pay to the Animal Control Agency the cost to deliver the dog or cat to the chosen veterinarian. The veterinarian shall complete and return to the Animal Control Agency within ten (10) days, a statement confirming that the microchip has been implanted, provide the Animal Control Agency with the number and shall release the dog or cat to the owner or custodian only after the procedure is complete; or 3.At the discretion of the Animal Control Agency, the dog or cat may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog or cat will be implanted with a microchip and that he or she will submit a statement within ten (10) days of the release, signed by a California licensed veterinarian, confirming that the dog or cat has been so implanted and provide the microchip number to the Animal Control Agency or allow the Animal Control Agency to scan the dog or cat for the microchip to verify. E.Fees for microchip identification device. The fee for an identifying microchip device shall be included in the cost of adoption when adopting a dog or cat from an animal shelter operated by the Animal Control Agency. If an animal has already been implanted with an identifying microchip device by some other facility, there will be no fee to have the identification microchip number entered into the Animal Control Agency's registry as required by subdivision (A) of this section. F.Allocation of fees and fines collected. All costs and fines collected under this part and the fees collected under this section shall be paid to the Animal Control Agency on behalf of the City of Lake Elsinore for the purpose of defraying the cost of the implementation and enforcement of this program and for low cost microchipping programs identified by the City and/or Animal Control Agency.