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.
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.
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.
means any living creature, including fish, reptiles, mammals,
birds, livestock, and fowl, but specifically excluding human beings.
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.
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.
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.
means the city-funded program that provides staffing, facilities
and resources to operate the city animal control and animal shelter
operations.
means the employee appointed by the city manager to oversee
the city animal shelter, including field animal control operations,
and kennel and office operations.
means any nonprofit private or publicly owned facility where
stray or unwanted animals are held.
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."
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.
means any building, structure, enclosure or premises upon
or within which five or more cats, four months or older, are kept
or maintained.
means the supervising animal control officer of the city
or the person duly authorized by such officer to enforce the provisions
of this chapter.
means any building or premises upon or within which five
or more dogs, four months of age or older, are kept or maintained.
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.).
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.
means the intentional act of providing food to any animal
by a person.
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.
means any intentional act which disrupts an animal's normal
behavioral patterns, which includes, but is not limited to, driving,
breeding, feeding or sheltering.
means the health officer of the city, whether by appointment
or by contract, or the duly authorized representative or deputy of
such officer.
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.
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.
means an animal in respect to which a current valid license
has been issued by the city or other agency of competent jurisdiction.
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.
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.
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.
means any person, firm, cooperation, association, society,
or other organization or entity.
means any of the following:
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;
Any animal which, when unprovoked, bites a person causing a
less severe injury than a substantial injury, as defined in this section;
or
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.
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.
means the intentional act of making food available to wild
animals in any location within the city limits without the approval
of the city.
means any state, or any political subdivision, municipal
corporation, body politic, public corporation or agency of a state.
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.)
means any dog specially trained to aid a physically disabled
person including, without limitation, a guide dog and a signal dog.
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.
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.
means any dog determined to be potentially dangerous or vicious
and denied licensing within the city of Moreno Valley.
means an inoculation with vaccine against rabies in accordance
with requirements of Section 121690 of the California Health and Safety
Code.
means a person holding a currently valid license to practice
veterinary medicine within the state of California.
means any of the following:
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.
Any animal which, when unprovoked, in an aggressive manner,
inflicts substantial injury on or kills a human being or other animal;
or
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.
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.
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.
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)
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)
It is unlawful for any person providing animal control or animal
shelter services within the city to give, use, sell or give to be
sold, animals for diagnostic or experimental purposes or medical research.
(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.
(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)
Charges for hearing procedures and costs of confinement at a shelter associated with enforcement under this chapter shall be recoverable from the animals owner or custodian as per Section 10.02.160.
(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)
