Unless the context in which used requires otherwise, the following words shall have the meaning set forth in this section. Variants of defined terms shall be construed in the same manner set forth herein for the defined terms themselves.
"Adequate shelter"
means a structure enclosed by at least three walls or sides and a roof, which is constructed and located such that the animal is protected from weather conditions.
"Adoptable"
means only those animals eight weeks of age or older that, at the time the animal is impounded, have manifested no sign of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health of the animal or that is likely to affect the animal's health in the future.
"Animal"
means any living creature, including fish, reptiles, mammals, birds, livestock, and fowl, but specifically excluding human beings.
"Animal control officer"
means any person appointed by the chief animal control officer to assist in implementing and enforcing the provisions of this chapter. "Animal control officer" includes, without limitation, humane officers employed under contract to implement and enforce the provisions of this chapter.
"Animal rescue operation"
means any building, structure, enclosure or premises run by an animal rescuer, whether or not a valid nonprofit corporation has been formed pursuant to the provisions of the California Corporations Code for the prevention of cruelty to animals.
"Animal rescuer"
means any individual possessing a rescue permit from the department, who routinely takes temporary possession of an animal from the rightful owner of said animal, or any animal from an animal shelter that has been retained by the city in accordance with this section.
"Animal services"
means the city-funded program that provides staffing, facilities and resources to operate the city animal control and animal shelter operations.
"Animal services administrator"
means the employee appointed by the city manager to oversee the city animal shelter, including field animal control operations, and kennel and office operations.
"Animal shelter"
means any nonprofit private or publicly owned facility where stray or unwanted animals are held.
"At large"
means any animal, other than a wild animal in its established habitat or a domestic cat, which is off the premises of the owner and which is not physically and continuously restrained by a person physically and mentally capable of controlling the animal at all times by the means of a leash, chain, or other physical apparatus of sufficient strength and length to prevent the animal from making unsolicited contact with any person or any other animal. Any animal on the premises of the owner not completely confined by a building, wall or fence of sufficient height, strength, and construction to restrain the animal and prevent the animal from escaping, or secured to the premises by a chain or leash of sufficient strength to prevent the animal from escaping, and so arranged that the animal will remain upon the premises when the leash or chain is stretched to its full length shall be deemed "at large." The use of electric fencing, invisible fence or other similar device is not sufficient restraint. An animal intruding upon the property of another person or property other than the owner's shall be deemed "at large." Any animal within a vehicle in a manner that would prevent that animal's escape or contact with other persons or animals shall not be deemed "at large."
"Business day"
means any day the animal shelter is regularly open for business except a Sunday or a holiday as otherwise observed by the city, as it relates specifically to this chapter.
"Cattery"
means any building, structure, enclosure or premises upon or within which five or more cats, four months or older, are kept or maintained.
"Chief animal control officer"
means the supervising animal control officer of the city or the person duly authorized by such officer to enforce the provisions of this chapter.
"Dog kennel"
means any building or premises upon or within which five or more dogs, four months of age or older, are kept or maintained.
"Exigent circumstances"
means any circumstances in which the officer, in his or her best judgment, determines that a life threatening or serious injury may occur if immediate action is not taken (i.e., animal may die if not immediately transported to a veterinarian, or animal may bite and seriously injure a human or other animal if not immediately impounded, or animal may die if officer does not immediately enter property and rescue, etc.).
"Exotic animal"
means any animal which is not normally domesticated in the United States including, but not limited to, any lion, tiger, bear, nonhuman primate (monkey, chimpanzee, etc.), wolf, coyote, fox, opossum, raccoon, ferret, weasel, cougar, bobcat, ocelot, wildcat, skunk, boa, python, reptile, amphibian, bird or venomous snake, irrespective of its actual or asserted state of docility, tameness or domesticity.
"Feeding"
means the intentional act of providing food to any animal by a person.
"Feral"
means any domestic animal without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with humans. A feral animal is totally unsocialized to humans.
"Harass"
means any intentional act which disrupts an animal's normal behavioral patterns, which includes, but is not limited to, driving, breeding, feeding or sheltering.
"Health officer"
means the health officer of the city, whether by appointment or by contract, or the duly authorized representative or deputy of such officer.
"Hybrid animal"
means any animal which is part wild and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the state of California.
"Impounded"
means the status of an animal, which has been received into the custody of an animal control officer or peace officer duly authorized by the law to receive custody of such animal, whether held in personal custody, in an animal shelter, or in a vehicle controlled by such officer.
"Licensed animal"
means an animal in respect to which a current valid license has been issued by the city or other agency of competent jurisdiction.
"Licensed potentially dangerous or vicious dog"
means any dog determined to be and licensed as potentially dangerous or vicious and in full compliance with Section 10.02.200 and/or Section 10.02.210 of this chapter.
"Non-profit animal rescue or adoption corporation"
means an organization as defined in Section 501(c)(3) of the Internal Revenue Code and whose main purpose is to rescue, rehabilitate and adopt unwanted companion animals. Such organization must have an approved application and be registered with animal services prior to the release of any animal.
"Official police dog"
means any canine trained for law enforcement purposes when used by the police department for such purposes, and when so designated by the police chief by the issuance of distinguishing tags.
"Owner"
means any person (except where a particular status is compelled by the context in which used) keeping, harboring, in possession of, or having custody or control over any animal, any person, firm or corporation having title to any animal, any person who has, harbors or keeps, or who causes or permits to be harbored or kept, an animal in his or her care; or any person who permits an animal to remain on or about his or her premises for a period of 30 consecutive days or more.
"Person"
means any person, firm, cooperation, association, society, or other organization or entity.
"Potentially dangerous animal"
means any of the following:
1. 
Any animal which, when unprovoked, on any single occasion within the prior 36 month period, engages in any behavior-or that requires a defensive action by any person to prevent bodily injury;
2. 
Any animal which, when unprovoked, bites a person causing a less severe injury than a substantial injury, as defined in this section; or
3. 
Any animal which, when unprovoked, on any single occasion within the prior 36 month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury while attacking a domestic animal off the property of the owner or custodian of the attacking animal.
"Proof of ownership"
means definitive documentation such as veterinary medical records, bill of sale with accurate description of the animal, national breed registration, photographs, or other specific evidence.
"Providing food"
means the intentional act of making food available to wild animals in any location within the city limits without the approval of the city.
"Public entity"
means any state, or any political subdivision, municipal corporation, body politic, public corporation or agency of a state.
"Secure enclosure"
means a fence or structure suitable to prevent a potentially dangerous or vicious animal from escape. The structure must be constructed of materials sufficient in strength and construction and include a secure top and bottom, if required, so that the animal cannot climb, dig, jump or otherwise escape of its own volition. The structure must form an enclosure suitable to prevent entry of children or any part, limb or appendage of any child and prevent any adult or child from coming in contact with the animal. The structure must be securely locked at all times. The sides of the structure cannot be part of or in contact with any perimeter fence enclosing the property of the owner. The structure shall provide protection from the elements for the animal. (A chain where a person can walk within the length of the chain, or an electric collar or an invisible fence is not a sufficient restraint or enclosure.)
"Service dog"
means any dog specially trained to aid a physically disabled person including, without limitation, a guide dog and a signal dog.
"Substantial injury"
means a substantial impairment of the physical condition of a person that requires professional medical treatment, including, but not limited to: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, tissue tears or punctures, disfiguring lacerations, wound requiring multiple sutures, or any injury requiring corrective or cosmetic surgery.
"Undomesticated burro"
means as defined in California Government Code Section 53074.5; a wild burro or a burro which has not been tamed or domesticated for a period of three years after its capture and is not protected by the federal government under the federal Wild Free-Roaming Horses and Burros Act.
"Unlicensed potentially dangerous or vicious dog"
means any dog determined to be potentially dangerous or vicious and denied licensing within the city of Moreno Valley.
"Vaccination"
means an inoculation with vaccine against rabies in accordance with requirements of Section 121690 of the California Health and Safety Code.
"Veterinarian"
means a person holding a currently valid license to practice veterinary medicine within the state of California.
"Vicious animal"
means any of the following:
1. 
Any animal which is seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or custodian under subdivision (a) of Section 597.5 of the Penal Code.
2. 
Any animal which, when unprovoked, in an aggressive manner, inflicts substantial injury on or kills a human being or other animal; or
3. 
Any animal previously determined to be and currently listed as a potentially dangerous animal, which, after its owner or custodian has been notified of this determination, continues the behavior, described in the above definition of a potentially dangerous animal or is maintained in violation of this chapter.
(Ord. 631 § 2.1, 2003; Ord. 960 § 5, 2019)
A. 
It is unlawful, except as provided elsewhere in this chapter, to keep within the city any dog, four months of age or older, for a period of 30 days or longer unless such dog shall have a currently valid license tag issued by or on behalf of the city that is affixed to a suitable collar or harness and worn at all times.
B. 
It is unlawful for any person to keep any dog, including a service dog, four months of age or older, within the city for a period longer than 30 days unless such dog has been vaccinated against rabies; provided, however, that it shall not be necessary to vaccinate any dog being held in isolation in an animal shelter pursuant to order a court, the health officer or a law enforcement officer.
C. 
Each veterinarian after vaccinating a dog shall sign a certificate of vaccination in triplicate in the form prescribed by Section 2606.4 of Title 17 of the California Administrative Code or in such other form as may be acceptable to the chief animal control officer. The veterinarian shall keep one copy and shall give two copies to the owner of the vaccinated dog, and the owner shall give one copy to the chief animal control officer and shall retain one copy.
D. 
A dog license shall be issued only upon payment of the fee therefor and after presentation of a certificate of vaccination demonstrating that the date of expiration of the immunity which is provided by the vaccination is not earlier than the date of expiration of the license being issued or renewed; provided, however, that where the vaccinated dog is between the ages of four months and 12 months, the period of vaccination immunity required for licensing shall be as specified in the California Administrative Code.
E. 
Notwithstanding the provisions of subsections (B) and (D) of this section, if a dog has a short-term illness, is pregnant, or suffers from a long-term debilitating illness which in the opinion of a veterinarian contraindicates vaccination for rabies, such dog shall not be required to undergo vaccination during the period of such illness or pregnancy where a request for vaccination deferral has been approved by the chief animal control officer. Such request shall specify the duration of the requested deferral, the reason for the requested deferral and shall be signed by a veterinarian. The owner of such dog shall keep the dog confined for the duration of the deferral. Within 14 days after the expiration of the deferral, the owner shall present to the chief animal control officer a certificate of vaccination in accordance with the provisions of subsection (C) of this section. In lieu of such deferral, the chief animal control officer may issue a license which will expire on the date on which a deferral would have expired had it been granted. As a condition to granting deferral, the chief animal control officer may require that the license application and the fee related thereto be lodged with the chief animal control officer prior to issuance of the deferral.
F. 
A license shall be valid from the date issued upon payment of the required fee. At the election of the owner, the license may be purchased for a period of one, two or three years, which period shall be specified in the license; provided, however, that no license shall be issued for a period which extends beyond the date of expiration of the currently certified vaccination immunity. Such fee shall be as established from time to time by resolution of the city council. Such license fee is neither refundable nor transferable.
G. 
No fee shall be required for a license for any service dog if such dog is under the control of and is aiding a blind, hearing impaired, or physically disabled person, or if such dog is owned by or in the custody of a bona fide organization having as its primary purpose the furnishing and training of such dogs.
H. 
No fee shall be required for a license for any dog owned by a public entity.
I. 
Each license issued pursuant to this chapter may be renewed. Application for renewal shall be made to the chief animal control officer not later than 15 days after the expiration date on the license.
J. 
If an application for a license is made more than 15 days after the date a dog license is required under this chapter, the applicant shall pay, in addition to the regular license fee, such late fee as may be established from time to time by resolution of the city council.
K. 
Upon transfer of ownership of any dog validly licensed under this chapter, the new owner shall notify the chief animal control officer of such transfer within 30 days thereafter, on a form prescribed by the chief animal control officer, accompanied by such transfer fee as may be established from time to time by resolution of the city council.
L. 
Notwithstanding the provisions of this chapter, when a person moves into the city from another community, and owns a dog which is currently vaccinated against rabies, and for which dog a license was issued by such other community, such license shall be deemed valid for a period of six months from the date such person moves into the city or the date of expiration of the license issued by such other community, whichever is earlier. In such circumstances, if an application for a license to the chief animal control officer is made more than 30 days after licensure by the city is required, the applicant shall pay, in addition to the applicable license fee, such late fee as may be established from time to time by resolution of the city council.
M. 
If a valid license tag is lost or destroyed, a duplicate may be obtained from the chief animal control officer upon submission of a statement signed by the owner of the dog containing the date and circumstances of such loss or destruction and the payment as may be established from time to time by resolution of the city council.
N. 
Upon request of the chief animal control officer, any animal control officer or peace officer, an owner of a dog for which a license is required shall present to such officer a currently valid certificate of vaccination or license tag for such dogs.
O. 
It is unlawful for any person to make use of a stolen, counterfeit or unauthorized license, tag, certificate or any other document for the purpose of evading the provisions of this chapter.
(Ord. 631 § 2.1, 2003)
An owner of a cat may be issued a license, including microchip, for such cat upon presentation to the chief animal control officer of a certificate of vaccination signed by a veterinarian certifying that such a cat has been vaccinated, and upon payment of a license fee of such amount as may be established from time to time by resolution of the city council.
(Ord. 631 § 2.1, 2003)
A. 
No person shall operate or maintain a dog kennel or a cattery as those terms are defined in this chapter without first obtaining an appropriate license from the chief animal control officer and a conditional use permit from the city. Such license shall be valid for a period of one or two years from the date of issuance. An application for renewal of such license shall be made not less than 30 days prior to the date of expiration thereof. Where a dog kennel license has been issued and is in effect, the dogs contained in such dog kennel shall be exempt from the requirements of individual license tags, as provided in this chapter. The dog kennel license fees, and late fees if an application for a license is made after the date such license or renewal application is required, shall be as may be set from time to time by resolution of the city council.
B. 
Application for a dog kennel or cattery license shall be filed with the chief animal control officer on a form prescribed by her or him not later than 10 days after obtaining written verification from the city's community development department, a copy of which shall be sent to the chief animal control officer that the operation of the dog kennel or cattery is in compliance with the applicable provision of the then-current land use and zoning ordinance of the city. The application form shall contain such information as may reasonably be required by the chief animal control officer for the purposes of enforcement of this chapter, including, but not limited to, the current home telephone number of the caretaker of the subject dog kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent from the subject kennel or cattery. Where a dog kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises shall be submitted to the chief animal control officer at the time the application is submitted.
C. 
Upon receipt of an application for a dog kennel or cattery license, the chief animal control officer shall make an inspection of the premises of the dog kennel or cattery for which a license is requested. No dog kennel or cattery license shall be issued or renewed unless it is in conformance with this chapter and all other applicable laws and regulations, including, without limitation, the county of Riverside standards for kennels and catteries in the form attached as Exhibit A to the ordinance codified in this chapter and incorporated herein by this reference as if fully set forth. Notwithstanding any other provisions of this chapter, the chief animal control officer, upon application for issuance or renewal of a dog kennel or cattery license, may limit the number of dogs or cats which are to be kept or maintained on the licensed premises. The numerical limitation may be imposed by the community development director or planning commission when the director or commission is considering a land use approval which is required for operation of the dog kennel or cattery, except that neither the director nor the commission may permit a number of cats or dogs that is greater than that recommended by the chief animal control officer.
D. 
Notwithstanding any other provision of this chapter, the chief animal control officer or any peace officer of the city is authorized to enter upon and inspect the premises of any dog kennel or cattery located in the city for the purpose of determining whether such dog kennel or cattery is in compliance with the provision of this chapter and the standards for kennels and catteries incorporated in this chapter. In consideration of the issuance of a dog kennel or cattery license, each owner and operator of a dog kennel or cattery shall allow the chief animal control officer to make such entry and inspection. Such right of entry shall be made a provision of the license application. Inspections by the chief animal control officer shall be made during reasonable hours at times when the owner or operator of the dog kennel or cattery has been given an opportunity to be present, and with such frequency, not less than annually, as the chief animal control officer may deem appropriate. Inspections may, for good cause and at the discretion of the chief animal control officer, be made without prior notice to the owner or operator of the subject dog kennel or cattery. Willful refusal on the part of the owner or operator of a dog kennel or cattery to allow inspection by the chief animal control officer constitutes grounds for summary denial of an application for a dog kennel or cattery license and for summary suspension or revocation of a dog kennel or cattery license already issued.
E. 
Nonprofit corporations formed pursuant to the provisions of the California Corporations Code for the prevention of cruelty to animals, and which have furnished proof of such incorporation to the chief animal control officer, shall not be required to pay a fee for the licenses required by this chapter. However, all other provisions of this chapter shall be applicable to any such nonprofit corporation. Each corporation claiming to be exempt from fees pursuant to this subsection shall, before issuance of any license, agree in writing to indemnify and hold the city and its officers, employees and agents harmless from all liability arising out of the exercise of the license.
(Ord. 631 § 2.1, 2003; Ord. 694 § 1.1, 2005)
A. 
The chief animal control officer, after providing the applicant or licensee notice and an opportunity to be heard, may in her or his discretion, suspend or revoke any license and may deny any application for renewal of a dog kennel or a cattery license if it is found that a dog kennel or cattery fails to meet all of the standards for kennels and catteries contained or incorporated in this chapter or if the dog kennel or cattery is in violation of any other applicable federal, state or local law or regulation.
B. 
The chief animal control officer shall prepare a written notice of such denial, suspension or revocation which notice shall contain a concise statement of the reason or reasons for such denial, suspension or revocation. The chief animal control officer shall serve such notice upon the applicant or licensee by personal delivery or by first class mail, postage prepaid, together with a copy of this section. Denial, suspension or revocation shall be effective on the tenth day after service of such notice or upon such later date as may be specified in the notice. Service shall be deemed completed immediately upon personal delivery. When the notice is mailed as hereinafter provided, service shall be deemed completed on the second business day after deposit of the notice in the United States mail.
C. 
Any person, whose application has been denied or whose license has been suspended or revoked, may appeal such denial, suspension or revocation by filing with the city clerk within 10 working days after the date of service of such notice a written notice of appeal concisely setting forth grounds on which the appellant relies in alleging that such denial, suspension or revocation is improper. The notice of appeal shall be accompanied by payment in full of such appeal fee as may be established from time to time by resolution of the city council. Within 15 days of the receipt of the notice of appeal, the clerk shall set a date for hearing on the appeal and shall give written notice of the date, time and place of such hearing to the appellant, to the animal services administrator and to the chief animal control officer. Such notice shall be sent to the appellant by first class mail, postage prepaid. The commencement date of the hearing shall be not less than 25 days nor more than 45 days from the date of receipt by the clerk of the notice of appeal; provided, however, that at the request of the appellant, the city clerk may extend the commencement date one time for a reasonable period, not to exceed an additional 30 days beyond the aforementioned 45 day limit. Written notice of such extension shall be given to the appellant, the animal services administrator and to the chief animal control officer. The appeal shall be heard by a hearing officer appointed by the animal services administrator who may affirm, modify or reverse the denial, suspension or revocation. In conducting the hearing, the hearing officer shall not be limited by the technical rules of evidence, as applicable in courts of law. To be admissible, evidence need only be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs.
(Ord. 631 § 2.1, 2003)
In consonance with the carrying out of the principal duties assigned to them, it shall be the duty of all peace officers and employees so authorized within the city, to cooperate with and assist the chief animal control officer in the enforcement of the provisions of this chapter. Peace officers and the chief animal control officer shall be empowered and shall have the duty to:
A. 
Receive, take up and impound:
1. 
All animals which are creating a public nuisance, or which are found running at large in violation of this chapter or of any other applicable law or regulation;
2. 
All potentially dangerous animals or vicious animals;
3. 
All animals, which, without provocation or direction, may be threatening the safety of any person or other animal, whether or not the threatening animal is a potentially dangerous animal or vicious animal.
B. 
In accordance with standards established therefor by state or local law or regulation, regularly and adequately feed, water and otherwise care for all animals impounded under the provisions of this chapter, or otherwise provide for such feeding, watering and care.
C. 
Investigate the condition and behavior of any animal alleged or believed to be potentially dangerous, vicious, abused, neglected or abandoned and take such action under this chapter as may be appropriate.
D. 
Follow the provisions of this chapter and of the California Penal Code Section 597f or other governing provision of law, as applicable, in humanely destroying or giving emergency care to sick or injured dogs and cats.
(Ord. 631 § 2.1, 2003)
Any person whose duty it is to enforce the provisions of this chapter may enter upon private property with the consent of the property owner, tenant or occupier, or by authority of a warrant, or without consent of a warrant if exigent circumstances exist.
(Ord. 631 § 2.1, 2003)
A. 
It is unlawful for the owner of any animal, other than a cat, to allow such animal to run at large within the city.
B. 
It is unlawful for any person, whether or not the owner, to cause any animal, other than a cat, to run at large within the city.
C. 
It is lawful for any person to take up, in a humane manner, any animal running at large in violation of this chapter and to promptly notify or deliver such animal to the chief animal control officer.
D. 
The provisions of this section shall not apply to any official police dog while such dog is on duty.
E. 
Any person, whether or not the owner, who allows or causes any animal, other than a cat, to run at large within the city that inflicts injury to any human or animal, or threatens public health or safety while at large, shall be guilty of a misdemeanor.
(Ord. 631 § 2.1, 2003)
A. 
Unless there is cause presented to the animal services administrator or chief animal control officer to believe that to allow redemption of an animal would place that animal in, or returned to, an environment which unlawfully threatens the health or safety of the animal, or to the public, an impounded animal may be redeemed by the owner upon providing adequate proof of ownership and upon payment of any veterinarian services, impound, boarding and other applicable fees.
B. 
Any dog, four months of age or older, which has been impounded shall not be released from impoundment unless and until it is licensed. Any dog released to a person who intends to maintain the dog anywhere other than Moreno Valley, will be required to show proof of a valid rabies certificate or pay a deposit until proof has been verified.
C. 
A reasonable attempt shall be made to notify the owner, if known, within three business days, of any impounded animal. Such notification may be in person, by telephone, a posting at the owner's residence, or by first class mail.
D. 
If not redeemed, and unless otherwise required by state law, the officer shall dispose of the animal in accordance with the provisions of subsection E of this section, or shall humanely destroy such animal in accordance with the provisions of subsection H, I or K of this section.
E. 
Any officer having in his or her custody any adoptable, unredeemed, impounded animal may release such animal to any adult person having complied with all adoption requirements and upon payment by that individual of all applicable fees. All dogs and cats adopted must be neutered and microchipped prior to release unless a determination is made by a licensed veterinarian that immediate surgery would place the animal at risk. Such animal shall not be released unless a neuter deposit is first collected as specified in Section 10.02.100 of this chapter and the animal is microchipped pursuant to Section 10.02.105 of this chapter. Release may also be made to a nonprofit animal rescue or adoption corporation qualified under this chapter. Such corporation will be held to the same neutering requirements and may be assessed a fee not to exceed the standard adoption fee. No impounded animal may be released to any person, institution or other entity, which uses animals for laboratory experiments, or which sells animals to other persons for laboratory experiments.
F. 
Fees for adoption of animals, whether set by the city council or by a contractor implementing this chapter on behalf of the city, shall not exceed the cost of neuter fees or deposits and any appropriate license fees, vaccination costs, microchipping costs, other veterinary charges, or incurred board and care costs.
G. 
Animal services may, from time to time, conduct a sealed bid auction for certain impounded animals. The animal services administrator shall set the minimum bid amount to cover all incurred fees and costs as set forth in subsection F of this section.
H. 
Any officer, impounding a licensed animal pursuant to this chapter, after attempting to notify the owner thereof of the impoundment, may destroy such animal if it has not been released or redeemed within 10 business days after the giving of notice of impoundment.
I. 
Upon impounding an unlicensed animal pursuant to this chapter and after attempting to notify the owner thereof of the impoundment, the officer impounding the animal may destroy such animal if it has not been released or redeemed within five business days unless the animal is a feral cat, then the animal may be destroyed after three business days.
J. 
Notwithstanding subsections H and I of this section, and upon approval of the animal services administrator, any impounded animal may be held for adoption or redemption beyond the prescribed time for destruction.
K. 
The officer having custody of any impounded animal, after making a reasonable attempt to identify and notify the owner thereof, may, with the approval of the animal services administrator, by humane methods, summarily destroy such animal without giving prior notice to the owner thereof if:
1. 
The animal is suffering from a dangerous or contagious incurable disease; or if
2. 
The animal is suffering from a severe injury; or if
3. 
The animal is a newborn in need of maternal care and has been impounded without its mother; or if
4. 
The aggressiveness of the animal poses a threat to the safety of animal services personnel.
Whenever an officer summarily destroys an animal pursuant to this subsection without having given prior notice to the owner thereof, he or she shall attempt to give notice of summary destruction as soon as practicable thereafter.
L. 
An owner who no longer wishes responsibility for an animal, or believes the animal to be ill or injured, may sign a written waiver supplied by animal services allowing the animal to be immediately destroyed and pay all appropriate fees for said destruction and disposal. Animal services reserves the right to refuse to provide such services.
M. 
Any owner who no longer wishes responsibility of an animal and wishes to surrender it to animal services for adoption must sign a waiver relinquishing ownership and pay all appropriate fees for surrender, including veterinary evaluation. If, in the opinion of animal services, the animal is not adoptable, the animal will not be accepted for adoption.
N. 
It is unlawful for any person, whether or not the owner, to abandon any animal within the city.
(Ord. 631 § 2.1, 2003; Ord. 895 § 2, 2015)
A. 
Requirement. No person may own, keep, or harbor an unaltered and unspayed dog or cat 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.
B. 
Exemptions. This section shall not apply to any of the following:
1. 
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 30 days, the owner or custodian must apply for an unaltered dog license.
2. 
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.
3. 
Animals recognized and registered with the American Kennel Club (AKC), United Kennel Club (UKC), or other national registry.
4. 
A dog used by law enforcement or the military for law enforcement, military or rescue activities.
5. 
A qualified service or assistance dog as defined in California Food and Agricultural Code Section 30850.
6. 
Any animal medically qualified by a California licensed veterinarian which is unable to be spayed or neutered due to the likelihood of the animal suffering serious bodily injury or death due to age or infirmity.
C. 
Denial or Revocation of Unaltered Dog License and Reapplication. The animal services division may deny or revoke an unaltered dog license for one or more of the following reasons:
1. 
The owner, custodian, applicant or licensee is not in compliance with all of the requirements of this section;
2. 
The animal services division has received at least three complaints, verified by the department, 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;
3. 
The owner, custodian, applicant, or licensee has been previously cited for violating a state law, local ordinance or other municipal provision relating to the care and control of animals;
4. 
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 Moreno Valley Municipal Code or under state law;
5. 
Any unaltered dog license held by the applicant has been revoked;
6. 
The license application is discovered to contain a material misrepresentation or omission of fact.
D. 
Re-Application for Unaltered Dog License.
1. 
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 services division shall refund one-half of the license fee when the application is denied. The applicant shall pay the full fee upon re-application.
2. 
When an unaltered dog license is revoked, the owner or custodian of the dog may apply for a new license after a 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.
E. 
Appeal of Denial or Revocation of Altered Dog License—Request for Hearing.
1. 
Notice of Intent to Deny or Revoke. The animal services division 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. The request must be made in writing within 10 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.
2. 
Hearing Officer. The hearing shall be conducted by the animal services division manager's designee.
3. 
Notice and Conduct of Hearing. The animal services division shall mail a written notice of the date, time, and place for the hearing not less than 10 days before the hearing date. The hearing date shall be no more than 30 days after the department's receipt of the request for a hearing. The hearing will be informal and the rules of evidence will not be strictly observed. The animal services division shall mail a written decision to the owner or custodian within 10 days after the hearing. The decision of the hearing officer shall be the final administrative decision.
4. 
Change in Location of Dog. If the dog is moved after the animal services division 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 services division with information as to the dog's whereabouts, including the current owner or custodian's name, address, and telephone number.
F. 
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 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. The unaltered license 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 department of the name and address of the transferee within 10 days after the transfer. The microchip numbers, if any, must appear on a document transferring the animal to the new owner.
G. 
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, the following: failure to possess a current canine rabies vaccination of the subject dog; dog 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 or cat; 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 (G)(1), the owner or custodian shall be required to spay or neuter the unaltered animal in accordance with this section.
H. 
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:
1. 
Provide written proof of the dog or cat's prior sterilization, if conditions cannot or do not make this assessment obvious to animal services personnel;
2. 
Have the dog or cat spayed or neutered by a veterinarian under contract with the animal services division at the expense of the owner or custodian. Such expense may include additional fees due to extraordinary care required;
3. 
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 a spay/neuter deposit to the animal services division. The veterinarian shall complete and return to the department within 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;
4. 
At the discretion of the animal services division manager, 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 10 days of the release, signed by the veterinarian, confirming that the dog or cat has been spayed or neutered or is incapable of breeding; or
5. 
If the owner or custodian demonstrates compliance with this section.
I. 
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.
1. 
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. If the owner or custodian of an impounded unaltered animal does not pay the lien against it in full within 14 days, the animal shall be deemed abandoned to the animal services division in accordance with this chapter.
J. 
Application of Fees and Fines Collected. All costs and fines collected under this chapter and the fees collected under this section shall be paid to the animal services division for the purpose of defraying the cost of the implementation and enforcement of this program.
K. 
No person shall be permitted to adopt any dog or cat, which has not been neutered, unless and until a spay/neuter deposit shall have been paid to the city. The spay/neuter deposit shall be as established from time to time by resolution of the city council in accordance with California Food and Agriculture Code Section 30503.
L. 
Upon presentation to the animal services administrator of a written statement or receipt from a veterinarian that such adopted dog or cat has been altered within six months, the alter deposit shall be refunded to the person who paid the deposit.
M. 
All adopted dogs or cats, if not already spayed or neutered, shall be altered within 60 days; or the alter deposit, if any, shall be deemed unclaimed and nonrefundable.
(Ord. 631 § 2.1, 2003; Ord. 833 § 1.1, 2011)
A. 
Requirement. All dogs and cats over the age of four months and kept within the city for a period of 30 days or longer must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to animal services, and shall notify animal services of any change of ownership of the dog or cat, or any change of address or telephone number. Nothing in this section supersedes, eliminates, or alters the requirements of Section 10.02.020 or 10.02.030, and any other licensing requirements of Title 10.
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 that is kenneled or trained in the city of Moreno Valley, but is owned by an individual that does not reside in the city of Moreno Valley. 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.
3. 
A dog or cat over the age of 10 years.
C. 
Transfer, Sale of Dogs and Cats.
1. 
An owner or custodian who offers any dog, over the age of four 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 services division of the name and address of the new owner or custodian whenever the new owner or custodian resides in the city and intends to maintain and keep the dog in the city and in accordance with subsection A of this section. An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption and fails to provide the animal services division with the name and address of the new owner, is in violation of this chapter and shall be subject to the penalties set forth in Chapter 1.10.
2. 
An owner or custodian who offers any cat, over the age of four 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 services division of the name and address of the new owner or custodian whenever the new owner or custodian resides in the city and intends to maintain and keep the cat in the city and in accordance with subsection A of this section. An owner or custodian who offers any cat, over the age of four months, for sale, trade, or adoption and fails to provide the animal services division with the name and address of the new owner, is in violation of this chapter and shall be subject to the penalties set forth in Chapter 1.10.
3. 
When a puppy or kitten under the age of four months implanted with microchip identification is sold or otherwise transferred to another person, the owner or custodian shall advise the animal services division of the name and address of the new owner or custodian, whenever the new owner or custodian resides in the city and intends to maintain and keep the puppy or kitten in the city and the microchip number of the puppy or kitten within 10 days after the transfer. If it is discovered that an owner or custodian has failed to provide the animal services division 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 Chapter 1.10.
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 services division microchip by designated personnel at the expense of the owner or custodian;
2. 
Have the dog or cat implanted with a department 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 department the cost to deliver the dog or cat to the chosen veterinarian. The veterinarian shall complete and return to the animal services division within 10 days, a statement confirming that the microchip has been implanted, provide the animal services division with the number and shall release the dog or cat to the owner or custodian only after the procedure is complete; or at the discretion of the animal services division manager, 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 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 services division or allow the animal services division to scan the dog or cat for the microchip to verify.
E. 
Fees for Microchip Identification Device. The fee for an identifying microchip device is set forth in the city's fee schedule. Microchip fees may be collected by the animal services division when a dog or cat is adopted by the public, transferred to a non-profit animal rescue or adoption corporation, or when a dog or cat is reclaimed by the owner from the city's animal shelter. 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 services division's registry as required by subsection A of this section.
F. 
Application of Fees and Fines Collected. All costs and fines collected under this section and the fees collected under this section shall be paid to the city of Moreno Valley for the purpose of defraying the cost of the implementation and enforcement of this program.
(Ord. 895 § 1, 2015)
It is unlawful for any person to keep or allow to be kept, or suffer or permit any dog to remain upon the premises under the control of such person, when such dog habitually barks, whines or makes loud or unusual noises in such a manner as to disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking or howling or other sound or cry interferes with any person of ordinary sensitivity in the reasonable and comfortable enjoyment of life and property. The chief animal control officer shall promptly investigate or cause to be investigated all complaints that this section is being violated if such complaints are in writing and contain the signature of the complainant.
(Ord. 631 § 2.1, 2003)
A. 
Feeding of Undomesticated Burros. Except as provided in subsection E of this section, it is unlawful for any person to feed, or in any manner provide food to, any burro that is not owned or lawfully possessed by that person.
B. 
Harassment of Animals. Except as otherwise authorized in this section or in the California Fish and Game Code and regulations promulgated pursuant thereto, no person shall feed, harass, herd, drive capture, keep, or attempt to domesticate, any undomesticated burro.
C. 
Enforcement.
1. 
The animal services division manager shall supervise the administration and enforcement of this section and the enforcement of the laws of the State of California pertaining to the care and control of animals.
2. 
The animal services division manager is authorized to post signs advising the public that feeding undomesticated burros is prohibited by this section and the California Code, Regulations, Title 14, Division 1, Section 251.1 regarding the harassment of animals.
3. 
The city council may enter into a written agreement or agreements with any veterinarian, organized humane society, association, person, corporation or organization which will provide assistance to the city in providing care for undomesticated burros.
4. 
It shall be unlawful for any person to interfere with, oppose, or resist any officer, employee or person empowered to enforce the provisions of this section while such officer, employee or person is engaged in the performance of his or her duties as provided in the Moreno Valley Municipal Code or state law.
5. 
Nothing in this section shall prevent the animal services division manager from acting, when he or she deems it appropriate to do so, under the applicable provisions of the California Penal Code, Section 597, et seq.
D. 
Violation. A violation of this section shall be punishable in accordance with Section 1.01.200.
E. 
Exemptions. This section shall not apply to:
1. 
Any animal rescue operation or animal rescuer that is authorized to assist the department of animal services in the care and relocation of undomesticated burro herds.
2. 
A landowner or tenant who drives or herds undomesticated burros for the purpose of preventing damage to private or public property, including aquaculture and agriculture crops.
In order to be exempted from the provisions of this section, a person must notice the department of animal services of their action as soon as they are reasonably able, but no later than 48 hours after the event.
(Ord. 960 § 4, 2019)
A. 
If it shall appear to the chief animal control officer that any animal has rabies, the chief animal control officer may destroy such animal forthwith pursuant to this chapter, or may hold such animal for further examination or observation for such time as the chief animal control officer may determine to be appropriate.
B. 
Whenever any animal has been bitten by an animal which has rabies or which exhibits any symptoms of rabies, or which is suspected of having been exposed to rabies, the owner or the person having custody of such bitten animal shall immediately notify the chief animal control officer or the health officer, and shall immediately confine the animal and maintain that confinement until it is established that such animal does not have rabies. The chief animal control officer shall have the power to quarantine such animal, or impound it at the owner's expense if the owner or person having custody of such animal shall fail, refuse, or is unable, in the opinion of the chief animal control officer, to adequately confine such animal immediately, or in the event the owner of such animal is not readily accessible.
C. 
Whenever it is shown that any animal has bitten any person, the owner shall, upon the order of the chief animal control officer, quarantine such animal and keep it confined at the owner's expense for a minimum period of 10 days for dogs and cats and 14 days for all other animals, and shall allow the health officer and the chief animal control officer to inspect and examine such animal at any time during such period of quarantine. Animals quarantined pursuant to this subsection shall not be removed from the premises upon which such animal is quarantined without permission of the chief animal control officer. The chief animal control officer is authorized to impound any animal at the owner's expense in the event the owner or person having custody of such animal fails or refuses or is unable to so confine such animal. Animals shall remain quarantined until notice is given by the chief animal control officer that such quarantine is terminated. When animal quarantine services are provided, the following standards shall apply:
1. 
For dogs: the floor size of the cage shall be not less than 24 square feet, with a height of not less than 12 inches more than the height of the dog when standing erect on all four feet;
2. 
For cats and other small animals: the floor size of the cage shall be not less than four square feet with no measurement of less than two feet.
D. 
The chief animal control officer may, in her or his discretion, post an appropriate sign on any premises where an animal is quarantined, to warn the public of such quarantine. It is unlawful for any person to remove such a sign without the permission of the chief animal control officer.
E. 
Whenever the chief animal control officer determines that an epidemic of rabies or any animal disease which threatens the public health or safety 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 but not limited to the declaration of quarantine against any or all animals in any area of the city, for a period of not more than 120 days. An additional or extended quarantine period may be declared by the city council if such period shall be deemed necessary by the chief animal control officer for the protection and preservation of the public health, peace and safety. Any quarantine declared pursuant to this subsection, other than as restricted in this chapter, shall be upon such conditions as the chief animal control officer may determine.
F. 
In order to protect the public from the hazard of rabies which has been found to exist in skunks, a quarantine is imposed on skunks to continue until discontinued by the chief animal control officer, whereby it is prohibited to trap or capture skunks for pets; to trap, capture or hold skunks in captivity for any reason; to transport skunks from or into the city except pursuant to a permit issued by the California Department of Health Services pursuant to Section 2606.8 of Title 17, California Administrative Code.
(Ord. 631 § 2.1, 2003)
A. 
Any animal which is abandoned, starved or treated in a cruel or inhumane manner, or which is willfully or negligently allowed to suffer torture or unnecessary pain, may be impounded and treated or disposed of in a humane manner, or as prescribed in Penal Code 597f. The chief animal control officer may issue a notice to abate violation of this section when no threat to the life of the animal is involved by such negligence.
B. 
No person shall fail to provide an animal in his/her care with sufficient and nutritious food and potable water, adequate shelter, shade and protection from weather, veterinary care when needed to prevent suffering, grooming when lack thereof would adversely affect the health of the animal and with humane care and treatment
C. 
It is unlawful and is a violation of this chapter for any person to abandon, starve, kill, injure, torture, torment, or otherwise treat in a cruel or inhumane manner, any domesticated or wild animal within the city except in defense of person, property or another animal, or when the person whose actions are in question reasonably believes that the questioned action or actions are necessary for the preservation of the public health or safety. This provision shall not be construed to limit in any manner the carrying out of official duty by any peace officer, humane officer or other law enforcement officer.
D. 
It is unlawful for any person to leave an animal in any standing or parked vehicle in such a way as to endanger the animal's health, safety, or welfare. The chief animal control officer or any peace officer is authorized to use reasonable force to remove the animal from the vehicle whenever it appears that the animal's health, safety, or welfare is or will be endangered if the owner or the vehicle cannot be located after reasonable attempts. The animal shall be taken to the shelter or to a veterinarian, If the animal is in distress. A written notice bearing the name of the officer removing the animal and information as to the location of where the animal may be claimed by the owner shall be attached to the vehicle. Any person violating this section shall bear the full cost and expense incurred by the city in the care, medical treatment, impoundment cost, and disposal of such animal, including the removal from the vehicle. When an animal is transported in an open vehicle, such as the bed of a truck, the animal must be secured so that it cannot be thrown from the vehicle or otherwise exposed to injury. Dogs must be cross-tethered or protected by a secured cage or container when transported in the open bed of a vehicle.
E. 
Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by a leash, able, or chain, the leash, cable or chain shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal's access to adequate shelter, food, and water. The area shall be kept clean to prevent unsanitary conditions, offensive odors, or the attraction of insects.
F. 
It shall be unlawful for any person to cause or allow, for amusement or financial gain, any animal to fight or torment any other animal or person. It shall be unlawful to allow such activity on any premises within the city, to aid or abet such activity, or be present at such activity.
G. 
No person shall expose any known poisonous substance, including antifreeze/coolant, whether mixed with food or not, so that such poisonous substance may be liable to be consumed by any domestic animal. This section is not intended to prohibit the proper use of herbicides, insecticides, or rodent control materials.
(Ord. 631 § 2.1, 2003)
A. 
Except as specifically otherwise provided in this chapter, the chief animals control officer shall supervise the administration and enforcement of this chapter and of all other applicable state and local laws and regulations.
B. 
The city council may enter into a written agreement or agreements with any veterinarian or any organized humane society which will undertake to carry out the provisions of this chapter and maintain and operate an animal shelter, and which will license, take up, care for, impound and dispose of animals. Any such veterinarian or society or association may carry out all or any of the provisions of this chapter in the manner prescribed in this chapter.
C. 
It is unlawful for any person to interfere with, oppose or resist any officer or person empowered to enforce the provisions of this chapter while such officer or person is engaged in the performance of his or her duties as provided in this chapter.
D. 
It shall be unlawful for any person, without proper authority, to turn out or release, or cause to be turned out or released, or aid or abet the turning out or release of any animal from any impoundment vehicle, or from a trap placed by an officer or person approved to enforce the provisions of this chapter or city facility. In addition, it shall be unlawful to remove, damage or otherwise tamper with any traps, equipment or impoundment facility belonging to the city.
E. 
Nothing in this chapter shall be construed as limiting the authority or duties of an animal control officer, peace officer, or humane officer granted or imposed by any other applicable law or regulation.
(Ord. 631 § 2.1, 2003)
A. 
The violation of any provision of this chapter may be prosecuted as either an infraction or misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230, inclusive, of the city of Moreno Valley Municipal Code.
B. 
Notwithstanding the foregoing, any violation of the provisions of this chapter shall be, and is hereby declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoyment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance.
(Ord. 631 § 2.1, 2003)
A. 
The possession or maintenance of any animal in violation of this chapter, is declared to be a public nuisance. When necessary for the preservation of the public health or safety, the animal services administrator, chief animal control officer and any city peace officer are directed and empowered to summarily abate any such public nuisance independently of any criminal prosecution or the results thereof, by any means reasonably necessary to accomplish such abatement, including but not limited to, the immediate destruction of the animal involved, or by the imposition of remedial requirements for the maintenance of such animal. Conviction of a failure to comply with such requirements shall be punished in accordance with provisions of Sections 1.01.200 through 1.01.230 of the city of Moreno Valley Municipal Code. The owner of such animal may be required to reimburse the city for all costs incurred in enforcing compliance with the provisions of this chapter. The city, by and through the city attorney, may also commence and maintain such proceedings in a court of competent jurisdiction as are appropriate under the laws and regulations of the city of Moreno Valley and/or the state of California for the abatement and redress of public nuisances.
B. 
Remedial requirements may include, but are not limited to, one or more of the following.
1. 
The maintenance of the animal in a secure enclosure and/or the requirement of other confinement measures necessary to prevent the escape of the animal.
2. 
Restraint of the animal when off the property of the owner must be maintained at all times by an appropriate leash no longer than four feet in length. The animal must be under direct control of an adult physically capable of controlling the animal and may not be leashed or tethered to any inanimate object where children may come in direct contact.
3. 
Relocation of the confinement area on the owner's property to prevent the animal from making contact with the fencing or property line of adjoining properties.
4. 
If the animal is confined indoors, it shall not be kept on a porch, patio or other part of the house or other structure that would allow the animal to exit such building or structure on its own volition and/or where children have access and the opportunity to release the animal. In addition, no such animal may be kept in a building or structure when the windows or screen doors are the only obstacle preventing the animal from exiting.
5. 
The owner of any animal may be required to pay restitution for damages or injuries caused as a result of any violation of this chapter.
6. 
The owner and the animal may be required to engage in obedience and/or behavior modification training for that animal necessary to eliminate the problem.
7. 
Removal of the unlicensed animal from the city as a result of revocation or denial of licensing for just cause.
8. 
Prohibit or regulate the acquiring and keeping within the city specified animals for a period of up to five years.
9. 
Neuter the animal.
10. 
Humane destruction of the animal.
(Ord. 631 § 2.1, 2003)
A. 
It is unlawful for any person to willfully and maliciously injure, attempt to injure, annoy, tease, taunt, torment strike, threaten to strike, startle, attempt to startle or throw any object at any official police dog. The conduct prohibited shall include, but not be limited to, the use of any part of the body, including the voice, or the use of any object, including liquids or a vehicle, with the intent to accomplish one or more of the above acts.
B. 
It is unlawful for any person, other than an authorized employee or agent of the police department or a person authorized by the police officer in possession of such animal, to feed or touch, or attempt to feed or touch an official police dog or the equipment attached to or housing such animal while on duty.
C. 
It is unlawful for any person, other than the police officer in lawful possession of such dog, to give commands or attempt to give commands to any official police dog or otherwise interfere with such dog while it is on duty.
(Ord. 631 § 2.1, 2003)
A. 
Unless to do so is a permitted use for the zone in which such property lies, no person shall have, keep or maintain, or have in his or her possession or under his or her control on any property within the city any lion, tiger, bear, simian, cougar, badger, wolf, coyote, fox, lynx, or any venomous or otherwise dangerous reptile or any other dangerous or carnivorous wild or hybrid animal; provided, however, such animals may be permitted on appropriately zoned property, subject to a conditional use permit, and on the condition that a separate permit to keep such animal or animals is obtained from the chief animal control officer or his or her duly appointed representative, and provided further that all necessary city, state and federal licenses have been obtained and are in full force and effect. The permit to keep such animals shall only be granted by the chief animal control officer upon a showing by the applicant that adequate safeguards have been established and will be maintained which will effectively control all dangerous or vicious propensities of such animal, eliminating all danger to individuals or property, and provided further that the keeping or maintaining of such animal will in no way constitute a nuisance to the occupants of any surrounding property. An application for a permit to keep such animals shall be denied by the chief animal control officer unless within 90 days prior to the filing of such application, the owner of each property abutting the lot on which the animals are proposed to be kept consents in writing to the issuance of the permit. Such written consent shall be obtained or verified by the chief animal control officer. A denial of an application for a permit to keep a wild animal or reptile shall be in writing and shall specify the grounds for such denial.
B. 
The applicant having received a notice of denial may request a hearing on the notice by a hearing officer selected by the city manager. The request for a hearing must be submitted in writing, during the 10 calendar days following the service of the notice.
C. 
Failure of the owner or custodian to request a hearing on the notice of denial within the 10 day period, or failure to attend or be represented at a scheduled hearing, shall constitute a waiver of the right to a hearing and shall satisfy the hearing requirements provided herein.
D. 
All hearings pursuant to subsection (C) of this section shall be conducted by the hearing officer who shall not have been directly involved in the subject action. Hearings shall be held not more than 10 business days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a period of time not to exceed 30 days if the hearing officer deems such continuance to be necessary and proper. Within 10 days after the conclusion of the hearing, the hearing officer shall render, in writing, his or her findings, decision and order thereon and shall give notice of the findings, decision and order to the owner or custodian of the subject animal; service of such notice shall be by mail or hand delivery.
(Ord. 631 § 2.1, 2003)
A. 
If animal services has cause to believe that an animal is a potentially dangerous animal or a vicious animal, the animal services administrator and/or the chief animal control officer shall issue a potentially dangerous animal or vicious animal restraint order to the owner or custodian of any such animal that fits the description described in this chapter, of a potentially dangerous or vicious animal. The statement shall notify the owner or custodian that he or she is required thereafter at all times to keep such animal in a secure enclosure or provide other adequate secure restraint and comply with any other requirements as described in Section 10.02.160 and 10.02.250 of this chapter as may be specified on the restraint order.
B. 
An owner or custodian of an animal receiving a potentially dangerous animal restraint order may request a hearing on the order by a hearing officer selected by the city manager. The request for a hearing must be submitted in writing, during the 10 calendar days following the service of the order. Pending such hearing, the animal must be kept in a secure enclosure or adequately restrained as specified in the restraint order.
C. 
Failure of the owner or custodian to request a hearing on the restraint order within the 10 day period, or failure to attend or be represented at a scheduled hearing, shall constitute a waiver of the right to a hearing and shall satisfy the hearing requirements provided herein.
D. 
All hearings pursuant to subsection (B) of this section shall be conducted by the hearing officer who shall not have been directly involved in the subject action. Hearings shall be held not more than 10 business days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a period of time not to exceed 30 days if the hearing officer deems such continuance to be necessary and proper. Within 10 days after the conclusion of the hearing, the hearing officer shall render, in writing, his or her findings, decision and order thereon and shall give notice of the findings, decision and order to the owner or custodian of the subject animal; service of such notice shall be by mail or hand delivery.
E. 
Costs for enforcement of this section shall be recoverable from the animal's owner or custodian pursuant to Section 10.02.160.
(Ord. 631 § 2.1, 2003)
If animal services has cause to believe that a dog or other animal is a potentially dangerous animal or a vicious animal, the animal services administrator or chief animal control officer may commence proceedings as follows:
A. 
Animal services shall first serve upon the owner or custodian of the animal, either personally or by first class mail, a notice of intent to declare the animal a potentially dangerous or vicious animal.
B. 
The notice shall inform the owner or custodian of the animal of the incident that provides a basis for the proposed action, and shall specify that the superior court shall be petitioned to schedule a hearing within no less than five working days nor more than 10 working days after service of the notice to determine whether grounds exist for such declaration, the potential consequences if such a declaration is issued, and animal services' authority for such action including immediate impoundment of the animal to insure public safety prior to the court date, and the owner or custodian's financial responsibility for cost reimbursement to animal services pursuant to this chapter.
C. 
The animal services administrator, chief animal control officer, public health officer, or any peace officer of the city, may commence legal proceedings for declaring an animal a potentially dangerous animal or a vicious animal, and the disposition of such animals, penalties and miscellaneous matters.
D. 
Upon a finding by the court that a particular animal is in fact a potentially dangerous animal or a vicious animal, the court shall impose restrictions that are at least as restrictive as those described in Section 10.02.160 and Section 10.02.250 herein provided. The court shall also duly consider any additional restrictions recommended to the court by the animal services administrator including immediate euthanasia of the animal.
E. 
Failure of the owner or custodian to attend the hearing in court or be represented at the hearing in court shall constitute a waiver of the owner or custodian's right to a hearing.
(Ord. 631 § 2.1, 2003)
All potentially dangerous animals or vicious animals shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous or vicious designation in the registration records of the animal, either after the owner or keeper of the animal has agreed to the designation or the court or hearing entity has determined the designation applies to the animal. The city may charge a potentially dangerous animal or vicious animal fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the animal.
(Ord. 631 § 2.1, 2003)
A. 
If animal services has cause to believe that an animal is an unlicensable potentially dangerous or a vicious dog, the animal services administrator and/or the chief animal control officer shall first serve upon the owner or custodian of the dog, either personally or by first class mail, a notice of intent to declare the dog unlicensable.
B. 
A dog, potentially dangerous or vicious, shall be determined to be unlicensable if:
1. 
Any dog previously determined to be and currently listed as potentially dangerous or vicious, which, after its owner or custodian has been notified of this determination, continues the behavior, of a potentially dangerous or vicious dog or is maintained in violation of this chapter; or
2. 
The owner of such dog has a history of irresponsible ownership of this or any other animal that has created a public nuisance or has been determined to be potentially dangerous or vicious.
C. 
An owner or custodian of a potentially dangerous or vicious dog having received a notice of intent may request a hearing on the notice by a hearing officer selected by the city manager. The request for a hearing must be submitted in writing, during the 10 calendar days following service of the notice.
D. 
Failure of the owner or custodian to request a hearing on the restraint order within the 10 day period, or failure to attend or be represented at a scheduled hearing, shall constitute a waiver of the right to a hearing and shall satisfy the hearing requirements provided herein.
E. 
All hearings pursuant to subsection (C) of this section shall be conducted by the hearing officer who shall not have been directly involved in the subject action. Hearings shall be held not more than 10 business days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a period of time not to exceed 30 days if the hearing officer deems such continuance to be necessary and proper. Within 10 days after the conclusion of the hearing, the hearing officer shall render, in writing, his or her findings, decision and order thereon and shall give notice of the findings, decision and order to the owner or custodian of the subject animal; service of such notice shall be by mail or hand delivery.
F. 
It shall be unlawful to maintain any unlicensed potentially dangerous or vicious dog within the city.
(Ord. 631 § 2.1, 2003)
It is unlawful for the owner or custodian of any animal that has been determined to be a potentially dangerous animal or a vicious animal to fail, neglect or refuse to keep posted in a conspicuous place at or near the entrance to the premises on or within which any potentially dangerous animal or vicious animal is kept a sign having letters at least two inches In width and two inches in height and reading "Beware of vicious dog" or "Beware of vicious [specify type or breed of animal]," as may be appropriate.
(Ord. 631 § 2.1, 2003)
Independent of any criminal prosecution or the results thereof, animal services is authorized and empowered to impound or abate any potentially dangerous animal or vicious animal as a public nuisance by any means reasonably necessary to protect the health, safety and welfare of the public including, but not limited to, the immediate destruction of the animal or by the imposition upon the owner or custodian of specific, reasonable requirements for the maintenance of the animal. In carrying out an abatement, animal services shall follow the procedure established in Section 10.02.160. Restrictions or conditions resulting from abatement proceedings may include, but are not limited to the following:
A. 
Requiring the owner of the animal or owner of the premises on which the animal is kept to obtain and maintain liability insurance in the amount of $100,000 and to furnish a certificate of insurance on which it shall be indicated that animal services shall be notified at least 10 calendar days prior to cancellation or nonrenewal;
B. 
Requirements as to the size, construction and design of a secure enclosure for the animal;
C. 
Notification in writing to animal services of the location of the animal's residence including prior notice of plans to move the animal to another location or to a location outside the city and obtaining approval from animal services to do so after proper notification of animal regulation in the new jurisdiction;
D. 
Requirements as to type and method of restraints for the animal;
E. 
Photo identification;
F. 
A requirement to obtain a potentially dangerous animal or a vicious animal registration requiring a tattoo or micro chip noting the declaration and registration with animal services;
G. 
Requirements to allow inspection of the animal and its enclosure by animal services or any other law enforcement agency without warrant, and to produce upon demand, proof of compliance with such requirements of this section, as may be applicable;
H. 
Written permission to keep the animal on certain specified premises from the landlord or owner, in the event that the owner or custodian of the animal is a tenant or occupant on real property where the animal is being kept;
I. 
Restrictions on the maintenance of other animals kept at the owner's property;
J. 
Payment of a reasonable fee to recover the costs of animal services in verifying compliance and enforcing the provisions of this section;
K. 
Denial or revocation of licensing for potentially dangerous or vicious dog;
L. 
Any person who violates any restrictions imposed is guilty of a misdemeanor.
(Ord. 631 § 2.1, 2003)
A. 
The owner or custodian of an animal that is on restriction as above provided and who moves or sells the animal, or otherwise transfers the ownership, custody or location of the animal, shall, at least 15 days prior to the actual transfer or removal of the animal, notify animal services in writing of the name, address and telephone number of the proposed new owner or custodian, the proposed new location of the animal, and the name and description of the animal. Animal services may prohibit the proposed relocation for cause.
B. 
The owner or custodian shall, in addition to the above, notify any new owner or custodian in writing regarding the details of the animal's record and the terms and conditions for confinement and control of the animal. The transferring owner or custodian shall also provide animal services with a copy of the notification to the new owner or custodian containing an acknowledgment by the new owner or custodian of his or her receipt of the original notification and acceptance of the terms and conditions. Animal services may impose different or additional restrictions or conditions upon the new owner or custodian.
C. 
If the animal should die, the owner or custodian shall notify animal services no later than 24 hours thereafter and, upon request, from animal services shall produce the animal for verification. If the animal escapes, the owner or custodian shall all immediately notify animal services and make every reasonable effort to recapture the escaped animal.
D. 
An animal that has been declared as a potentially dangerous animal or a vicious animal in any legal hearing, because of aggressive behavior at any location outside the confines of the city is restricted from relocating in the city.
E. 
Any person who violates any provision of this section is guilty of a misdemeanor.
(Ord. 631 § 2.1, 2003)
It is unlawful for a person to have the custody of or own or possess a potentially dangerous animal or a vicious animal that is restricted as above provided, unless the same restrictions are continued, and the animal continues to be restrained or confined to prevent it from being at large or from causing damage to any property or injury to any person or other animal. Any person who violates any imposed restriction is guilty of a misdemeanor.
(Ord. 631 § 2.1, 2003)
Any animal control officer may impound any potentially dangerous animal or vicious animal on restriction as above provided if the animal control officer has cause to believe that any of the restrictions are not being complied with. The owner or custodian of a potentially dangerous animal or vicious animal on restriction as above provided shall surrender such animal to animal services upon demand. The owner or custodian of any animal surrendered pursuant to this section shall have five working days to redeem such animal. Any animal not redeemed as provided above shall be humanely destroyed as provided in this chapter.
(Ord. 631 § 2.1, 2003)
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unenforceable by a final determination of a court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this chapter. The city council declares it would have enacted this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases might be declared invalid or unenforceable.
(Ord. 631 § 2.1, 2003)