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 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.
"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)
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 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)
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)
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)
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)
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)