A.
The
following chapters of the county code are adopted by reference in
the same manner as if fully set forth in this Code:
1.
Chapter 1 of division 2 of title 3 (Health and Sanitation and Animal Regulations), as the same exists on April 1, 2006, but excluding section 32.0119 (Animals Which Habitually Make Noise) and section 32.0120 (Penalties);
2.
Chapter 2 of division 2 of title 3 (Health and Sanitation and Animal Regulations), as the same exists on April 1, 2006, but excluding section 32.0224 (Penalties);
3.
Chapter 3 of division 2 of title 3 (Health and Sanitation and Animal Regulations), as the same exists on April 1, 2006, but excluding section 32.037 (Penalties);
4.
Chapter 12 of division 2 of title 3 (Health and Sanitation and Animal Regulations), as the same exists on April 1, 2006, but excluding section 32.127 (Penalties).
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It is the intent of the city council in adopting the foregoing
county code provisions that the same shall be enforced within the
corporate limits of the city to the same extent and with the same
authority as would otherwise be applicable to the unincorporated areas
of the county.
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A certified copy of each of the foregoing provisions of the
county code is on file in the office of the city clerk.
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B.
Penalties.
1.
Any person, firm, partnership, corporation or other entity violating any provision of chapter 1 of division 2 of title 3 of the county code shall be guilty of an infraction or misdemeanor as hereinafter specified. Each day or portion thereof that such violation is in existence shall be a new and separate offense. Any violator so convicted shall be:
a.
Guilty of an infraction and punished by a fine not exceeding $100.00
and not less than $50.00 for a first offense;
b.
Guilty of an infraction and punished by a fine not exceeding $200.00
and not less than $100.00 for a second offense;
c.
Guilty of a misdemeanor for the third and any additional offense,
and shall be punishable by fines not exceeding $1,000.00 or six months
in jail, or both;
d.
Notwithstanding the above, a first or second offense may be charged
and prosecuted as a misdemeanor.
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Payment of any fine or service of a jail sentence shall not
relieve any violator from the responsibility of correcting the condition
resulting from the violation. In addition to the foregoing penalties,
the court may order that the guilty party reimburse the city and/or
county for all of its costs of investigating, analyzing, inspecting,
abating and prosecuting the enforcement action against the guilty
party. The court shall fix the amount of any such reimbursement upon
submission of proof of such costs by the city and/or county. The owner,
manager, and operator of every activity or facility subject to this
chapter shall be responsible for any violation of this chapter by
an employee thereof.
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2.
Any person, firm, partnership or corporation or other entity violating any of the provisions of chapter 2 of division 2 of title 3 of the county code shall be guilty of an infraction and upon being found guilty thereof shall be punished as set forth in section 1.12.030, pertaining to the penalty for infractions.
(Code 1980, § 6.02.010; Ord. No. 750, § 3, 2005; Ord. No. 760, § 3, 2006; Ord. No. 782, § 1, 2007)
Fees for dog licenses and other services provided for in this
chapter including, but not limited to, fees for food and care, vaccination,
impound fees, placement fees, spay and neutering fees, and veterinary
care and release fees, shall be as established by resolution of the
city council.
(Code 1980, § 6.02.020; Ord. No. 750, § 3, 2005)
Veterinarians who vaccinate pets owned by city residents shall
provide rabies vaccination information and/or copies of rabies vaccination
certificates to the animal care and services department upon request.
(Code 1980, § 6.02.030; Ord. No. 782, § 2, 2007)
A.
In residential
zones of the city, it is unlawful for any person owning or having
control of one or more animals ("responsible person"), either willfully
or through failure to exercise proper control, to allow such animal
to habitually or continually bark, howl, crow, or make any other loud
noise in such a manner as to at any time, day or night, cause general
annoyance or discomfort to a neighboring inhabitant. The standard
of general annoyance or discomfort is a "reasonable person" standard,
i.e., the noise is such that a reasonable person, under the same or
similar circumstances, would suffer more than minor annoyance or discomfort.
B.
Evidence
of a violation may be based upon complaints from neighboring inhabitants,
defined as persons living within 200 yards of such responsible person's
premises, or if said animal wanders outside of said premises, within
200 yards of the animal's current location. If there is more than
one neighboring inhabitant, as defined above, evidence of a violation
requires complaints from at least two neighboring inhabitants living
in separate residences. The senior animal services officer or his
or her duly authorized agent or representative may waive the two-complainant
requirement and accept a single complaint if he or she determines
geographic or other circumstances exist whereby a noise disturbance
caused by the animal can only affect only one residence. If the complainant
lives in excess of 200 yards from such responsible person's premises,
the senior animal services officer or his or her duly authorized agent
or representative may waive the 200-yard requirement if he or she
determines that there is credible evidence that the complainant is
experiencing a level of noise comparable to a person residing within
200 yards of the noise, which evidence may include, but is not limited
to, tape recordings, videotapes, sound monitoring logs, photographs,
maps, or declarations of other persons living a similar distance away
from the noise.
C.
The
animal care and services department will substantially follow the
procedures below in responding to all complaints of noisy animals,
however, the procedures and timelines set forth herein are discretionary
and not mandatory. Should a particular stage in the process take longer
than the period set forth, or should exceptional circumstances require
any of the periods be shortened, the process may proceed to the next
step without the necessity of repeating any prior step.
1.
Upon
receiving an initial complaint from any person, either orally or in
writing, the responsible person of the subject animal will be sent
a letter. The letter will notify the responsible person that the animal
care and services department has received a complaint, provide information
on ways to resolve the complaint, and instructions to abate the problem
within ten days.
2.
Upon receiving a second complaint from any person, either orally or in writing, a minimum of ten days after the initial letter has been issued, the complainants will be sent nuisance animal noise complaint forms, with instructions that, if the nuisance is not abated, to complete the form and have at least one neighboring inhabitant in a separate household complete the second form. The complainants must complete and sign the forms under penalty of perjury, and return them to animal care and services. The letter shall also contain a waiver application to apply for a waiver from either the two-complainant or 200-yard requirements. Upon receipt of two such complaints, or waiver from the senior animal services officer or his or her representative, the animal care and services department shall assign an officer to investigate the complaints. If the investigating officer determines that there is probable cause to believe a violation of this section has occurred or is occurring, the responsible person of the subject animal will be sent an abatement letter. The letter will notify the responsible person that the animal care and services department has received a complaint or complaints, regarding the subject animal, describing the substance of the complaint. The letter will also explain the process and potential costs/conse-quences for all parties if the matter proceeds and results in the issuance of a citation, and will encourage the parties to attempt to resolve the complaint themselves. If that is unsuccessful, the letter will further recommend that the parties seek mediation services and will provide information on available free and low cost medication services. The letter shall be served by personal service, mail, posting, or publication according to the procedure listed in section 1.12.080 (procedure for serving administrative citation, compliance order and notice). If, at the end of a ten-day period after the abatement letter is served, the complainants advise the animal care and services department that the noise has not abated, the responsible person may be issued an administrative citation as provided in chapter 1.12. Administrative fines will be in the amounts adopted in section 6.02.010. The administrative citation content, procedures, administrative hearing process, and related remedies and general provisions contained in chapter 1.12 shall be followed.
(Code 1980, § 6.02.040; Ord. No. 782, § 3, 2007)
