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 animal being kept, and that area shall contain a shelter that would humanely house said animal from the elements.
"Animal control agency" or "animal control"
shall mean the city or its designee, which may specifically include the city's contractor of animal services.
"Animal control director" or "director"
means the executive director or similar executive officer of the animal control agency or their designee.
"Animal control officer"
means any person duly appointed to carry out the provisions of this chapter by the city or the city's contracted animal control agency.
"Animal hospital"
means a place where animals or pets are given medical or surgical treatment, and where the boarding of the same animals is limited to short-term periods incidental to the hospital care.
"Animal shelter"
means mean the facility or facilities operated by the city or its authorized contract provider of animal services for the purpose of impounding or caring for animals under the authority of this code or state law.
"At large"
means any dog which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by a leash of a size and material appropriate to the size and temperament of the dog and which is held by a person capable of restraining such dog, or is not otherwise physically restrained by some other device or instrumentality, except that such device or instrumentality shall not include voice control, eye control or signal control of the dog by any person, device or instrumentality.
"City"
means the city of Temecula.
"Commercial cattery"
means any building, structure, enclosure, or premises whereupon, or within which, five or more cats four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose.
"Commercial kennel"
means any building, structure, enclosure, or premises whereupon, or within, five or more dogs four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose.
"Crowing fowl"
means a male chicken, peafowl, rooster, guinea fowl or other male domestic fowl.
"Dog or cat owner"
means the registered owner, licensed owner, or any person harboring, pet sitting, caretaking, having custody of, or being in charge of the dog or cat.
"Domesticated animal"
means any animal that is tractable or tame by nature, generally accustomed to living among humans, and commonly kept as pets or as livestock.
"Electrified fence"
means an accepted and approved form of fencing providing an electrified perimeter within, and attached to a board, chain link, or black wall fence. Habitual runaways or "at large" offenders can be mandated to install this device per the animal control agency.
"Estrus"
sometimes referred to as "in heat" means a regularly recurrent state of sexual receptivity during which the female of most mammals will accept the male and is capable of conceiving.
"Euthanize"
means the act of killing or permitting the death of a terminally ill or hopelessly injured animal by using a humane, painless method for reasons of mercy.
"Exotic animal"
means a non-native animal and/or animal of a non-domesticated order or family, and any hybrid of an exotic animal that is permitted by federal and state law for keeping as a pet, unless otherwise restricted by this title. Permitted exotic animals include those species commercially available at retail pet stores in the state such as: non-venomous snakes, non-poisonous small reptiles, non-poisonous amphibians, tortoises, ferrets, exotic birds, hedgehogs, and non-poisonous insects. Any venomous or otherwise dangerous reptile, arachnid, mammal or carnivorous wild animal is hereby excluded from this definition.
"Fowl"
means and includes any chicken, duck, turkey, goose, peafowl, guinea fowl, or other domestic fowl of any sex.
"Impounded"
means an animal having been received into the custody of the animal control officer authorized under the provisions of this chapter.
"License inspections"
means door-to-door canvassing by an animal control officer for the purpose of determining whether dogs or cats have been vaccinated and are properly licensed.
"Noisy animal"
means any animal or animals maintained on the same premises or location whose excessive, unrelenting, or habitual barking, howling, crying, or other noise or sounds annoy or become offensive to a resident or residents in the vicinity thereby disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable person of normal sensitivity residing in the area.
"Noncommercial cattery"
means any building, structure, enclosure or premises whereupon, or within which, five to ten cats, four months of age or older, are kept or maintained for noncommercial reasons. Each cat must be altered by six months of age.
"Noncommercial kennel"
means any building, structure, enclosure or premises whereupon, or within which, five to ten dogs, four months of age or older, are kept or maintained for noncommercial reasons. Each animal shall be individually licensed at four months and altered upon reaching six months of age.
"Owner"
means any person who intentionally provides care or sustenance for any animal, including, but not limited to, a dog or cat, for any period greater than thirty days.
"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 or other animal deemed potentially dangerous or vicious by the animal control agency and which may be required to be contained in a chain link kennel of eleven- or nine-gauge wire, with the dimensions: minimum twelve 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 animal"
means any animal 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.
"Service animal"
means any dog, and in some cases described below, a miniature horse, being reared, trained, or used for the purpose of performing tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained, or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, wellbeing, comfort, or companionship do not constitute work or tasks for the purposes of this definition. Miniature horses may be considered "service dogs" if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability and meets the requirements of Section 35.136 of Title 28 of the Code of Federal Regulations.
"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.
"Wild animal"
means any animal which is not commonly a domesticated animal or normally kept as a household pet, listed as protected by federal or state law, or which may be perceived as wild or predatory in nature, or any animal which, because of its size, growth propensity, vicious nature or other characteristics, would constitute an unreasonable danger to human life, or property if not kept, maintained, or confined in safe and secure manner.
(Ord. 22-09 § 2)
Fees, penalties, and charges related to animal control shall be established by resolution of the city council, which may be amended from time to time.
(Ord. 22-09 § 2)
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 thirty days, unless there is attached to such dog a valid license tag obtained from the animal control agency.
B. 
A license will be issued for each dog upon, proof of vaccination provided, and payment of a license fee established pursuant to Municipal Code Section 6.04.020. Said license shall be valid for a period of one, two, or three years. The license issued shall be linked to the animal's vaccine expiration and shall be renewed within thirty days after such period terminates. In no case shall a license be issued for any period of time for which no documented vaccine is provided.
C. 
If an application for a license is made more than thirty days after the date such license is required, the applicant shall pay a penalty established pursuant to Municipal Code Section 6.04.020. If a valid license tag is lost or destroyed, a duplicate thereof may be procured from the animal control agency upon submission of proof of loss and payment of the fee established pursuant to Municipal Code Section 6.04.020.
D. 
Any dog owned by a person moving into Temecula that has a current dog license issued by a city or county within the state of California will be honored for a maximum of one year or until the dog's rabies vaccination has expired, whichever occurs first. A Temecula dog license shall be applied for prior to expiration of the non-Temecula dog license or rabies vaccine expiration, whichever occurs first.
E. 
No fee shall be required for a license for any service animal.
(Ord. 22-09 § 2)
A. 
The animal control agency (or their designee) shall be provided the following prior to issuance of a dog license:
1. 
A completed dog license application.
2. 
The fee for the dog license as set by city council resolution, which may be amended from time to time.
3. 
A certificate of vaccination signed by a California licensed veterinarian that includes:
a. 
Name of dog
b. 
Breed, age, weight of dog and physical description.
c. 
Date of rabies vaccination administered, manufacturer, and expiration.
d. 
Name and address of dog owner(s).
e. 
Address where dog is to be kept, if different than above.
B. 
Each veterinarian after vaccinating any dog shall sign a certificate of vaccination in triplicate in the form required by the director. 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. 22-09 § 2)
A. 
Every license issued shall clearly state:
1. 
The name and residential address of the person who is being issued the license;
2. 
The amount paid for the license;
3. 
The date when the license was issued;
4. 
The date when the license will expire;
5. 
A description of the dog to include name, age, breed, sex, and color(s); and
6. 
The unique number of the durable tag accompanying such license.
B. 
Every commercial kennel or commercial cattery license in addition to the above, shall state the maximum number of each species of animal that may be kept in such kennel or cattery.
(Ord. 22-09 § 2)
A. 
Prior to issuance of an annual license from the animal control agency per Municipal Code Section 6.04.070, all commercial kennels or commercial catteries are required to obtain a conditional use permit in accordance with Municipal Code Section 6.08.010, an annual business license from the city, and any other license or permit as may be required by the city or another governing body to operate a kennel or cattery.
1. 
Commercial kennels and commercial catteries shall be considered as one and the same for the purposes of permitting.
B. 
It is unlawful for any person to own or operate a commercial kennel, commercial cattery, or a pet shop without 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 thirty days after such period terminates.
C. 
If an application for a license is made more than thirty days after the date such license/permit is required as stated on the license, the applicant shall pay a penalty established pursuant to Municipal Code Section 6.04.020.
(Ord. 22-09 § 2)
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 commercial kennel, commercial cattery or pet shop permit/license shall be filed with the animal control agency no later than ten days after obtaining all required permits and licenses from the city, approved city permits shall be presented to the animal control agency. After receipt of the application, the animal control agency or their designee shall make, or cause to be made, an examination of the commercial kennel, commercial cattery, or pet shop, and the permit/license shall be issued if the commercial kennel, commercial cattery or pet shop in the opinion of the animal control agency or their designee satisfactorily meets each of the following conditions:
1. 
The commercial kennel, commercial 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 a crime of cruelty to animals in this or any state;
8. 
Sick animals are separated from those appearing healthy and normal and, if for sale, removed from display and sale. No person knowingly sells a sick or injured animal or bird. Sick animals are kept in isolation quarters with adequate ventilation to keep from contaminating well animals;
9. 
An employee or owner physically visits the premises to feed, water, and perform 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 commercial cattery or a pet shop; and
11. 
Adequate records are maintained for all animals.
C. 
The animal control agency or its designee shall have the authority to enter upon the premises in which a commercial kennel, commercial cattery or pet shop is located for the purpose of determining whether such commercial kennel, commercial cattery, or pet shop 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 commercial kennel, commercial 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 fifteen 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 Municipal Code Section 6.04.020. Failure to file an appeal within fifteen days as set forth above, waives the right of appeal. 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 manager within thirty days of a timely written notice of appeal being submitted to the city clerk. In conducting the hearing, the city manager shall not be limited by the technical rules of evidence. Within fifteen days of the conclusion of the hearing, the city manager shall issue a written decision either affirming, amending or reversing the decision of the animal control agency.
(Ord. 22-09 § 2)
All commercial kennels, commercial catteries, and pet shop operators shall maintain records of all dogs and cats sold of any age. Records shall include the new owner's name, address and the description of the dog or cat sold including breed, color, sex, month and year of birth, and veterinarian records. Copies of these records shall be provided to the animal control agency or their designee monthly within ten calendar days after the last day of each month.
(Ord. 22-09 § 2)
Because of the need to adequately protect animals within commercial kennels, commercial 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 commercial kennels, commercial catteries and pet shops at reasonable times and upon reasonable notice, as a condition of the issuance of a commercial kennel, commercial cattery or pet shop permit/license.
(Ord. 22-09 § 2)
A. 
Any person who provides or offers to the public, whether or not for compensation, a cat or dog for adoption 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 agency.
B. 
Any person offering pets for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing requirements of the city 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. 22-09 § 2)
A. 
Any person who provides or offers to the public, whether or not for compensation, services for the sterilization of a dog or cat 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 city or the city's contractor for animal control services.
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 in an amount set by resolution of the city council, which may be amended from time to time. 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 fourteen 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 thirty business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the deposit.
(Ord. 22-09 § 2)
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. Except for fees, all other provisions of this chapter shall be applicable to any such nonprofit corporation.
(Ord. 22-09 § 2)
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 heat (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 or she has reason to believe is vicious or dangerous, and if he or she finds such dog to be vicious in its habits, he or she shall report their findings in person, in writing, on the phone, online, 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 provisions of Penal Code Section 597.1 (or any subsequent legislation) in humanely euthanizing 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.
F. 
Make such reports to the animal control agency and city council as they may require, relative to his or her duties as animal control officer and the performance of his or her duties in accordance with this chapter.
(Ord. 22-09 § 2)
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 or cat is harbored in violation of any of the provisions of this chapter, subject to constitutional and statutory search and seizure laws.
(Ord. 22-09 § 2)
A. 
No impounded animal shall be redeemed except on payment of all appropriate fees established pursuant to Municipal Code Section 6.04.020. No dog which is to be kept or harbored within the corporate limits of the city of Temecula 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 shall give notice in person or by regular mail to the last known address of the owner of the impounding of such dog or cat. If such dog or cat is not redeemed within ten days from the date of the giving of such notice, the officer having custody of the dog shall dispose of it in accordance with the provisions of this title or shall have the dog or cat euthanized.
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 title or shall have the dog or cat euthanized.
D. 
The officer having custody of any impounded dog or may, by humane methods, summarily euthanize said dog if:
1. 
The dog or 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.
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. 22-09 § 2)
It is unlawful:
A. 
For the owner of any dog to fail, neglect or refuse to obtain a license for each dog as required by this chapter.
B. 
For an owner of any dog to fail or neglect to keep fastened to such dog 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 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 eighteen 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 location within the city of Temecula.
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 Municipal Code Section 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 seventy-two hours prior to the impoundment of an animal believed to be abandoned, a notice shall be posted on the property on which said animal is being kept. Notice shall be given in person or by regular mail to the last known address of the owner or person entitled to possession thereof (if known), that the animal will be impounded if contact is not made with the animal control agency within seventy-two hours. When it is found that a house is vacant or condemned, the animal may be removed immediately and held for five days. If, in the opinion of the animal control officer, immediate impoundment is necessary for the preservation of the public health or safety, or the health and welfare of the animal, said animal shall be impounded and held for five days, pending contact of the owner or person having control of said animal.
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 pursuant to Municipal Code Section 6.04.260.
(Ord. 22-09 § 2)
It is unlawful for any person to transport an animal in a motor vehicle upon any street within the city of Temecula 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. 22-09 § 2)
A. 
It is unlawful for any person to leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
B. 
This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animal's safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
1. 
A person who removes an animal from a vehicle in accordance with this section is not criminally liable for actions taken reasonably and in good faith if the person does all of the following:
a. 
Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle.
b. 
Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one.
c. 
Has contacted a local law enforcement agency, fire department, animal control, or "911" emergency services prior to forcibly entering the vehicle.
d. 
Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, firefighter, animal control officer, or another emergency responder arrives.
e. 
Uses no more force to enter the vehicle to remove the animal than is necessary under the circumstances.
f. 
Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who arrives at the scene.
C. 
This section does not prevent a peace officer, firefighter, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
1. 
A peace officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to the nearest animal control agency, or other place of safe keeping or, if the officer deems necessary to a veterinary clinic or hospital for treatment. The owner of the animal removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.
2. 
A peace officer, firefighter, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible.
3. 
A peace officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the officer's name and address of location where said animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal and requirements of Municipal Code Section 6.04.150.
D. 
There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for property damage or trespass to a motor vehicle if the damage was caused while the person was rescuing an animal in accordance with subsection B of this section.
1. 
The immunity from civil liability for property damage to a motor vehicle that is established by this subsection D does not affect a person's civil liability or immunity from civil liability for rendering aid to an animal.
E. 
The city, its elected officials, employees, volunteers, contractors, or other persons performing work for the city shall not bear any liability, civil or criminal, for damages to property when an animal is removed from a vehicle in accordance with this section.
F. 
This section shall not be 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.
G. 
Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes.
(Ord. 22-09 § 2)
It is 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 Temecula as pets or novelties any fish, turtle, snake, lizard, chameleon, bird, cat, dog, fowl, guinea pig, rabbit, or other reptile or animal.
(Ord. 22-09 § 2)
Humane traps that have been approved by the animal control officer are permitted within the city of Temecula to be used to confine animals running at large on the private property of persons.
A. 
A sign, clearly visible from the road servicing the property, shall be posted on the property stating that such a trap is in use.
B. 
Trapping shall not continue for more than ten days in a thirty day period, unless monitored by an animal control officer.
C. 
All animals trapped shall 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. 22-09 § 2)
A. 
Felony or Misdemeanor. Pursuant to state law, every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than twenty thousand dollars 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 twenty thousand dollars or by both the fine and imprisonment.
B. 
Pursuant to state law, 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 twenty thousand dollars.
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 12000 et seq. 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. 22-09 § 2)
A. 
Any area occupied by any animal is to be maintained in a sanitary manner. Water is to be kept fresh, adequate food provided regularly 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 Municipal Code Section 6.04.210.
B. 
It is 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. 22-09 § 2)
Dog and cat owners shall securely confine their female dogs and cats while in heat (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. 22-09 § 2)
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 ten days for cats and dogs, and fourteen days for all other types of animals; and shall allow the animal control officer or his or her representative to make an inspection or examination thereof any time during such period. Animals quarantined must not be removed from the premises without first obtaining written permission of the animal control officer. 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 to take actions 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 or her 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 first obtaining written permission of the animal control officer.
D. 
If it appears to the animal control officer that a dog or other animal has rabies, he or she may euthanize such animal forthwith, or hold the animal for further examination for such time as he or she 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 readily accessible.
F. 
Whenever the animal control officer determines that an epidemic of rabies exists or is threatened, he or she shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including the declaration of a quarantine against any or all animals in any area of the city as the animal control officer may determine and define, for a period of not more than one hundred twenty 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 Temecula 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. 22-09 § 2)
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 this 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 or 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 or 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 an independent hearing officer designated by the animal control agency (the "animal control hearing officer") and notice of hearing shall be issued by the animal control director, or his or 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 this 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 shall conduct the hearing and may admit all relevant evidence of the type that reasonable people rely on the course of serious affairs, notwithstanding the California Evidence Code, including incident reports and affidavits of 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. The city council of the city of Temecula may, by resolution, establish procedures and requirements for the notice and conduct of the hearing.
E. 
Determination and Order. Within ten 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 animal control hearing officer's order within five days after the date of the mailing of the determination and order. The decision of the animal control hearing officer shall be final, subject to the provisions of state law.
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 noisy animal.
2. 
Require that the animal wear a noise suppression device obtained at the expense of the owner of the animal to reduce or eliminate the noise creating the nuisance.
3. 
Require that the animal undertake obedience training designed to abate the nuisance problem when appropriate and under the conditions imposed by the animal control hearing 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-ofdoors 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 Municipal Code Section 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 or 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 thirty days of the date of the issuance of the billing and at the direction of the city may be paid directly to the animal control agency.
3. 
Any noisy animal response charge charged pursuant to this section shall be deemed a civil debt owing to the city by the responsible party.
4. 
Any person receiving a bill for a noisy animal response charge may, within fifteen days after the date of issuance of the bill, file a written request with the animal control director appealing the charge imposed. The city shall withhold on collection of the bill pending the decision on the appeal. The animal control director shall set the matter for hearing before the animal control hearing officer, which hearing shall be within fifteen business days after receipt of the appeal. The animal control officer shall issue a written decision on the appeal within ten days of the close of the hearing, which decision shall be mailed by certified mail, return receipt requested to the appellant. The decision of the animal control hearing officer shall be final. If, after the hearing before the animal control hearing officer, the appeal is denied in part or in whole, all amounts due to the city shall be paid within thirty days of the date of the mailing of the decision of the animal control hearing officer.
(Ord. 22-09 § 2)
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 eighteen 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 Temecula there are unconfined or uncontrolled vicious or unsafe animals which constitute a public nuisance which should be abated. The provisions of this chapter provide an administrative procedure by which animals found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This chapter is intended to supplement rather than supplant any other remedy available under state law.
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 or her 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 or she shall so certify to the animal control agency in writing within ten 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 or her 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 in 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 twenty-five 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 the city's contracted 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 California Food and Agriculture Code Section 31621 et seq. The city council may establish procedures for the notice and conduct of the hearing.
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, it 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 euthanized, 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 euthanized 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 ten 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 California Food and Agriculture Code Section 31621 et seq.
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 fourteen 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 fourteen 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 Temecula, 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 Municipal Code Section 6.04.020. Failure to renew the registration will result in the impoundment of the animal and a citation will be issued as a misdemeanor.
(Ord. 22-09 § 2)
The keeping of exotic animals, including the keeping of exotic animals as pets shall require a conditional use permit in accordance with Municipal Code Table 6.08.010 Animal Keeping Standards and Municipal Code Section 17.04.010, Conditional Use Permits. Wild animals shall not be kept as pets.
(Ord. 22-09 § 2)
Any violation of any of the requirements of this chapter shall be an infraction and any violator may be punished pursuant to Section 1.20.010 et seq., of this code. Notwithstanding the foregoing, any violation of any of the requirements of this chapter may be prosecuted as an administrative civil action pursuant to Chapter 1.21 of this code.
(Ord. 22-09 § 2)
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. 22-09 § 2)