The purpose of this title is to establish standards for the
care, ownership, licensing, treatment and impoundment of animals maintained
in the city to ensure that such animals will not endanger the health,
peace and safety of the citizens of the city and that animals are
kept in a clean, sanitary condition and not subjected to suffering,
cruelty or abuse.
(Ord. 1052 § 2, 2013)
means a dog or cat that has been spayed or neutered.
means any vertebrate creature, domestic or wild, and includes
all of the following: birds, fish, mammals (including dogs and cats),
amphibians and reptiles.
means, collectively, the personnel, employed or contracted
by the city, charged with implementing and enforcing the provisions
of this title.
means any person appointed by the code compliance manager
to assist in implementing and enforcing the provisions of this title.
“Animal services officer” includes, without limitation,
the code compliance manager, a code compliance officer, peace officer,
and any other person authorized by the city manager or employed by
the city to implement and enforce the provisions of this title.
means any animal which is off the premises of its owner,
custodian or caretaker and which is not under physical restraint by
leash of a size and material appropriate to the size and temperament
of the animal and which is held by a person capable of restraining
the animal, or is not otherwise physically restrained by some other
device or instrument, except that such device or instrument shall
not include voice control, eye control or signal control of the animal
by any person, device or instrument.
means the place designated by the city as a place for the
keeping and safe holding of animals impounded pursuant to this title.
means the designated code compliance manager of the city
of Rancho Mirage, who shall act as the supervising animal services
officer of the city or such person with whom the city has contracted
to oversee the city animal shelter, including field animal services
operations, and kennel and office operations. Any act required to
be performed by the code compliance manager pursuant to this title
may also be performed by his or her designee.
includes, without limitation, a breeding or boarding kennel
or cattery, pet shop, pet grooming parlor, commercial stable, riding
academy, pony ride, guard-dog and/or sentry-dog service, animal menagerie,
animal shelter, or miscellaneous animal or reptile establishment.
For the purpose of this title, guard-dog and/or sentry-dog services
located outside the city, but providing service within the city on
a regular basis, shall be included within the definition of commercial
animal establishment.
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 structure used to immediately restrict an animal
or animals to a limited amount of space, such as a room, pen, run,
cage, compartment or hutch.
means the status of an animal which has been received into
the custody of an animal services 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 the legal owner or person in actual control of any
activities involving animals.
means any person who is the legal owner, rescuer, harborer,
possessor or the custodian of an animal. Ownership is also established
by a person registering as the owner on a license or other legal document
or by a person claiming ownership and taking possession of an animal.
means a dog that: (1) has not been spayed or neutered; and
(2) has been certified by a licensed veterinarian as a dog that cannot
reproduce during its remaining life because of age or a permanent
health condition.
means any individual, firm, partnership, joint venture, corporation,
association, club, organization or other legal entity.
means any of the following: (1) any dog which, when unprovoked,
on two separate occasions within the prior thirty-six-month period,
engages in any behavior that requires a defensive action by any person
to prevent bodily injury when the person and the dog are off the property
of the owner or keeper of the dog; (2) any dog which, when unprovoked,
bites a person causing less than a severe injury. A “severe
injury” means any physical injury to a human being that results
in muscle tears or disfiguring lacerations or requires multiple sutures
or corrective or cosmetic surgery; or (3) any dog that, when unprovoked,
on two separate occasions within the prior thirty-six-month period,
has killed, seriously bitten, inflicted injury, or otherwise caused
injury attacking a domestic animal off the property of the owner or
keeper of the dog.
means a fence or structure suitable to prevent the entry
of young children or any part, limb or appendage of any child, and
which is suitable to confine a potentially dangerous animal or a vicious
animal in conjunction with other measures which may be taken by the
owner or rescuer of the animal, or at the direction of the code compliance
manager. A secure enclosure shall be designed to prevent the animal
from escaping and from preventing an adult or child from coming in
contact with the animal.
means any guide dog, signal dog, or other animal individually
trained to do work or perform tasks for the benefit of an individual
with a disability, including, but not limited to, guiding individuals
with impaired vision, alerting individuals with impaired hearing to
intruders or sounds, providing minimal protection or rescue work,
pulling a wheelchair, or retrieving dropped items.
means a substantial impairment of the physical condition
of a person or animal 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 any dog other than a permanently nonfertile dog that
has not been spayed or neutered.
means any of the following: (1) any dog seized as a “fighting
animal” under Penal Code Section 599aa and upon the sustaining
of a conviction of the owner or keeper under Penal Code Section 597.5(a);
(2) any dog which, when unprovoked, in an aggressive manner, inflicts
severe injury on or kills a human being. “Severe injury”
means any physical injury to a human being that results in muscle
tears or disfiguring lacerations or requires multiple sutures or corrective
or cosmetic surgery; or (3) any dog previously determined to be and
currently listed as a potentially dangerous dog that, after its owner
or keeper has been notified of this determination, continues the behavior
of a “potentially dangerous dog” or is not restrained
in the manner required by law.
(Ord. 1052 § 2, 2013)
A.
An owner
of a deceased animal may notify animal services and request pick up
and disposal of said carcass. It shall be the duty of animal services
to take custody of all dead animals from the owner when requested.
A pick up and disposal fee in an amount established by resolution
of the city council may be charged for such service.
B.
Animal
services shall be responsible for the disposal of all dead animals
whose ownership cannot be established.
C.
Whenever
animal services picks up a deceased animal whose ownership is or may
be readily established, the owner shall be notified if feasible and
a notice shall be posted at the city animal shelter giving such information
in an easily visible location. This section shall not apply when animal
services picks up a deceased animal at the request of the owner.
(Ord. 1052 § 2, 2013)
No person shall take possession of any animal found running
at large without immediately surrendering the animal to animal services,
and providing a full description of the animal and the address of
the place where the animal was found.
(Ord. 1052 § 2, 2013)
A.
Unless otherwise provided herein, any person aggrieved by any administrative decision made under this title may, upon the payment of a fee of one hundred fifty dollars, appeal the determination to an administrative hearing officer appointed pursuant to the procedures set forth in Chapter 14.90 of this code. Such fee shall be waived if the city determines that the aggrieved person is indigent. The standard for determining indigency under this section shall be the same as that utilized by the Superior Court of Riverside County for a determination that a person qualifies for a waiver of court fees and costs.
B.
At the
administrative hearing, all parties shall have the right to: (1) call
and examine witnesses; (2) introduce documentary and physical evidence;
(3) cross-examine opposing witnesses; (4) rebut evidence; and (5)
be represented by anyone who is lawfully permitted to do so.
C.
Following
the conclusion of the hearing, the administrative hearing officer
or designee shall issue a written ruling with factual findings within
ten calendar days, which ruling shall be served on all interested
parties. The decision of the administrative hearing officer shall
be final.
(Ord. 1052 § 2, 2013)
Notwithstanding the provisions of this title, the provisions
of all applicable state laws and regulations relating to animal health,
control and care, and rabies control shall apply when such provisions
are more stringent than the provisions of this title.
(Ord. 1052 § 2, 2013)
