Cross references—Retention, reclamation of lost, unclaimed animals, § 10-158 et seq.; horses in parks, § 18-109; private patrol service defined to include guarding, watching or patrolling of private property by animals, § 21-1; driving animals on new pavement or new markings prohibited, § 28-120; riding animals, driving animal-drawn vehicles in central business district regulated, § 28-121.
Whenever the term "animal control authority" is used in this
chapter, it means the organization or organizations approved by the
Escondido city council to perform animal control service.
(Ord. No. 98-01, § 1, 2-25-98)
The city may enter into a contract for the provision of all
animal control services defined in this code. The contract for services
need not be let by bid, but may be entered into with the organization
or organizations best suited to enforce the provisions of this code.
(Ord. No. 98-01, § 1, 2-25-98)
The powers and duties of the animal control authority are generally
as follows:
(a)
To enforce
the various laws of the State of California, the County of San Diego,
and the City of Escondido which relate to animals;
(b)
To recover,
impound, and safely care for any animal if the animal's custodian
is found to be in violation of the provisions of this chapter, or
if the animal is found to be in need of shelter for other reasons;
(c)
To collect
any costs, charges, or fees provided for in this chapter;
(d)
To determine
whether an animal is suitable for adoption, whether an animal should
be euthanized, or any other proper disposition of an animal;
(e)
To administer
the licensing of its humane or animal control officers in compliance
with applicable state law;
(f)
To issue
notices to appear in court, make arrests, and serve warrants pursuant
to Section 830.9 of the California Penal Code, and other applicable
state law.
(Ord. No. 98-01, § 1, 2-25-98)
Chapters 6 and 7 of Division 2 of Title 6 of the San Diego County Code, and such secondary codes as are incorporated in that primary code, are adopted by reference by the city council of Escondido. Not less than three copies of these portions of the San Diego County Code have been placed on file in the office of the city clerk.
(Ord. No. 98-01, § 1, 2-25-98)
If any provision of Chapter 6 or 7 of Division 2 of Title 6 of the San Diego County Code conflicts with any portion of the Escondido Municipal Code or the Escondido Zoning Code, the Escondido Municipal Code or the Escondido Zoning Code must prevail over the San Diego County Code.
(Ord. No. 98-01, § 1, 2-25-98)
(a)
No person
may own or keep a dog within the city in such a manner that the peace
and quiet of the public is disturbed or in such a manner that the
noise from the dog causes unreasonable annoyance or discomfort to
a person of normal sensitivity.
(b)
No person
shall own, have in possession, or harbor any animal which by any frequent,
habitual, or long continued noise causes unreasonable disturbance
to surrounding residents.
(c)
Unless good cause exists, the written affirmation by two persons having separate residences indicating that the noise made by a dog or other animal disturbs the peace and quiet or causes unreasonable annoyance or discomfort, as set forth in subsection (a) or (b) of this section, shall be required before any proceeding alleging a violation of this section. Good cause shall be the existence of circumstances preventing more than one person from perceiving the disturbance, including, but not limited to, factors such as the hours during which the disturbance, annoyance or discomfort occurs, the physical configuration of the residences, or the physical inability of additional persons to perceive the disturbance, annoyance or discomfort.
(d)
This
section shall not be construed to apply to reasonable noises emanating
from legally operated veterinary hospitals or animal care clinics,
humane societies, animal shelters, farms or other agricultural facilities
on Residential Agriculture (R-A) or Agricultural Overlay (AO) zones,
or similar facilities.
(e)
Any
person who violates this section is guilty of a misdemeanor.
(Ord. No. 2019-16, § 6, 11-20-19)
