A.
In any
prosecution under this code where the section violated does not require
proof that the violator failed to exercise ordinary care, proof that:
(1) an animal described in the complaint was found in violation of
the section charged; and (2) the defendant named in the complaint
was the owner or custodian of the animal at the time of the alleged
violation, constitutes prima facie evidence that the owner or custodian
of the animal was the person responsible for the violation.
B.
The presumption in subsection A does not apply if, prior to the date of the alleged violation, the person charged made a bona fide sale or transfer of the animal found in violation and complied with the applicable requirements of: (1) Section 6.06.040 for change of ownership; (2) Section 6.10.140 for a dangerous dog; or (3) Section 6.10.220 for a public nuisance animal.
(Ord. 559 § 3, 2019)
Any employee of the authorized agency, an agent, deputy or peace
officer who is assigned to enforce State law and this chapter, and
who has completed the training required by Penal Code Section 832,
may arrest any person for violating this chapter, any other State
law or Penal Code Section 148, when the violation occurs in connection
with enforcement of this chapter in the City of Santee.
(Ord. 559 § 3, 2019)
Any properly trained employee of the authorized agency, an agent, deputy or peace officer, who is assigned to enforce State law and this chapter, as provided in Section 6.10.020, is authorized to make an arrest under Section 6.10.020 without a warrant as provided in Penal Code Section 836.5. A person arrested under this section who does not demand to be taken before a magistrate may instead be cited in the manner prescribed in Part 2, Title 3, Chapter 5C of the Penal Code (commencing with Section 853.5 et seq.).
(Ord. 559 § 3, 2019)
A.
Whenever a person is arrested for violating Section 6.06.010 and the officer issues a notice to appear, the officer may note on the notice that the charge may be dismissed on proof that the person has corrected the violation, unless the arresting officer determines the person is disqualified as provided in subsection B. If the arrested person presents proof of correction by mail or in person to the court, on or before the date on which the person promised to appear, the person is entitled to have the court dismiss the violation. Proof of correction means that the person arrested provides a certificate of correction from the authorized agency verifying that the person has corrected the alleged violation.
B.
When
an officer issues a notice to appear, the notice will provide the
person who is issued the notice the opportunity to correct the violation
before trial unless the officer finds any of the following disqualifying
conditions:
C.
It is
unlawful for a person to provide false or fictitious information to
the authorized agency to obtain a certificate of correction or to
provide a certificate of correction to any person that contains false
or fictitious information.
(Ord. 559 § 3, 2019)
The authorized agency, the City, the Health Officer or any peace officer may enter private property when the person entering has reasonable grounds to believe that there is a dangerous dog, a rabid animal, animal suffering from some other contagious animal disease or there has been a violation of this chapter, or of the licensing requirements of Title 4, or of Section 148 of the California Penal Code or any other State or City law relating to or affecting an animal.
(Ord. 559 § 3, 2019)
It is unlawful for a person to fail to comply with an order
issued by the authorized agency, public Health Officer or the City
ordering the quarantine, vaccination or destruction of a diseased
animal or animal exposed to a dangerous disease or toxic substance.
(Ord. 559 § 3, 2019)
An animal owner or custodian must treat all animals humanely
at all times, maintain the area where an animal is kept in a sanitary
condition and not allow the area to become a breeding area for flies,
a source of offensive odors or of human or animal disease, or an area
that violates any noise regulations, or creates any other public nuisance
or condition hazardous to humans or animals.
(Ord. 559 § 3, 2019)
B.
A dog
owner or custodian who has direct and effective voice control over
a dog to ensure that it does not violate any law, may allow a dog
to be unrestrained by a leash while a dog is assisting an owner or
custodian who is: (1) legally hunting; (2) legally herding livestock;
or (3) on public property with the written permission of and for the
purposes authorized by the agency responsible for regulating the use
of the property.
C.
A dog
owner or custodian or a person having control of a dog that is lawfully
on private property must keep the dog: (1) leashed or tethered as
allowed under Health and Safety Code Section 122335; (2) under direct
and effective control by voice or electronic pet containment system;
or (3) in a building or enclosure that is adequate to ensure the physical
confinement of the dog and that also meets standards in this title
or otherwise required by law. An animal is not considered leashed
if the leash is not in the hand of a person capable of controlling
the animal or if the person is not actually controlling the animal
attached to the leash.
D.
This
section does not apply to a dog assisting or training to assist a
law enforcement officer in the course and scope of the officer's
duties.
(Ord. 559 § 3, 2019)
A.
A dog
owner or custodian or other person having control of a dog must exercise
ordinary care to prevent the dog, while the dog is under the owner,
custodian or other person's care, custody or control from:
1.
Attacking,
biting or otherwise causing injury to any person engaged in a lawful
act;
2.
Interfering
with a person or animal legally using public or private property;
3.
Damaging
personal property that is lawfully on public property or that is on
private property with the permission of the property owner or other
person who has the right to possess or use the private property.
B.
The
owner of any unaltered dog that bites a person engaged in a lawful
act must pay the authorized agency an altering deposit in addition
to any other applicable fees the City Council or authorized agency
establishes.
C.
This
section does not apply to a dog assisting or training to assist a
law enforcement officer while that officer is executing law enforcement
duties or responsibilities.
(Ord. 559 § 3, 2019)
A.
It is unlawful for the owner, custodian or person having control of a guard dog, dangerous dog or potentially dangerous animal to fail to exercise ordinary care over the animal that results in the animal causing injury to a person engaged in lawful activity, if the owner, custodian or person having control of the animal knew or should have known the animal had vicious or dangerous propensities or that the animal was a guard dog, dangerous dog or potentially dangerous animal as defined in Section 6.02.020.
B.
This
section does not apply to an animal that is being used by the military
or law enforcement while the animal is performing in that capacity.
(Ord. 559 § 3, 2019)
No person having control of a dog may allow a dog to defecate
or to urinate on private property other than property belonging to
the dog owner, custodian or person having control of the dog. A person
having control of a dog must curb the dog and immediately remove any
feces to a proper receptacle. This section does not apply to a blind
or visually impaired person who is relying on a seeing-eye dog.
(Ord. 559 § 3, 2019)
The owner or custodian of a female dog in estrus must securely
confine the dog within an enclosure in a manner that will prevent
the attraction of male dogs to the location where the female dog is
located.
(Ord. 559 § 3, 2019)
Pursuant to Penal Code Section 597 et seq., no person may treat
an animal in a cruel or inhumane manner or willingly or negligently
cause or permit any animal to suffer unnecessary torture or pain.
No person may abandon an animal without care on any public or private
property.
(Ord. 559 § 3, 2019)
A.
Whenever
the authorized agency has reasonable cause to believe that a dog is
dangerous, it may commence proceedings to declare the dog a dangerous
dog as follows:
1.
The
authorized agency will serve on the owner or custodian a notice of
intent to declare the dog a dangerous dog.
2.
The
notice will inform the dog owner or custodian of all the following:
a.
The authorized agency's authority to declare a dog a dangerous
dog;
b.
Each incident that forms the basis for the authorized agency's
proposed action;
c.
The owner or custodian's right to request a hearing to contest
whether grounds exist for the authorized agency's proposed declaration;
d.
The potential consequences if the authorized agency issues a declaration
declaring the dog a dangerous dog;
e.
That a request for a hearing must be in writing and must be received
by the authorized agency within 10 days from the date of notice;
f.
Failure to request a hearing or failure to attend or be represented
at a scheduled hearing satisfies the authorized agency's obligation
to provide a hearing and will result in the authorized agency issuing
a declaration that the dog is a declared dangerous dog;
B.
When the authorized agency determines it is necessary to immediately impound a dog to preserve the public health and safety or the safety of an animal, before the authorized agency follows the procedures in subsection A, the authorized agency may impound a dog before issuing the declaration declaring the dog a dangerous dog. In that case, with the notice required by subsection A, the authorized agency must include the reasons why immediate impoundment was necessary.
(Ord. 559 § 3, 2019)
A.
The authorized agency may impound or abate any declared dangerous dog whenever the authorized agency determines that impoundment or abatement is necessary to protect the public health and safety or the safety of an animal. When the authorized agency determines abatement is necessary, the authorized agency may destroy the dog or impose conditions enumerated in subsection B of this section on the dog owner or custodian, as a prerequisite for the dog owner or custodian continuing to keep the dog. The authorized agency may modify the conditions depending on a change in circumstances. It is unlawful for a person to fail to comply with a condition the authorized agency imposes under this section.
B.
The
authorized agency may impose one or more of the following conditions
on a dog owner or custodian for a declared dangerous dog:
1.
A
requirement that the owner or custodian obtain and maintain liability
insurance from an insurer licensed to transact insurance business
in the State of California with coverage amounts that comply with
the requirements of this subsection. The insurance must provide liability
insurance to the owner or custodian for any loss or injury that may
result to any person or property caused by the dog. The insurance
must provide coverage for the owner or custodian in an amount of not
less than $100,000.00 per occurrence, combined single limit for bodily
injury and property damage. The owner or custodian must furnish a
certificate of insurance to the authorized agency and notify the authorized
agency by registered mail within 10 days of receiving notice from
the insurance company that the policy has been cancelled or will not
be renewed. The insurance certificate must provide the following information:
2.
Requirements
as to the design, specifications, materials and other components of
the dog's enclosure;
3.
Requirements
as to the type of residence where the dog must be maintained;
4.
Requirements
as to the type and method of restraint or muzzling the owner or custodian
must employ when the dog is not within its approved enclosure;
5.
Requirements
for photo identification, microchip implantation or permanent marking
of the dog for purposes of identification;
6.
A requirement that the owner or custodian obtain and maintain a dangerous dog registration in addition to a license required under Section 6.06.010;
7.
A
requirement to alter the dog;
8.
A
requirement that the dog owner or custodian allow the authorized agency
or any other law enforcement agency to inspect the dog and its enclosure;
9.
A
requirement that the dog owner or custodian agree to surrender the
dog to the authorized agency on demand;
10.
A requirement that the dog not be allowed to work as guard dog, attack
dog or sentry dog;
11.
Any other requirement the authorized agency determines is necessary
to protect the public health and safety or the safety of an animal
from the actions of a declared dangerous dog;
12.
A requirement that the dog owner or custodian provide the authorized
agency with proof satisfactory to the authorized agency that the owner
or custodian is complying with all the requirements of this section;
13.
A requirement that the owner or custodian pay the authorized agency
fees to recover the authorized agency's costs to enforce and
to verify compliance with this section.
C.
The authorized agency will provide a dog owner or custodian with written notice at least 10 days before impounding or abating a declared dangerous dog. The notice will inform the owner or custodian of the right to a hearing to contest whether grounds exist to impound or abate the dog. If the owner or custodian requests a hearing under this section the hearing may be held in conjunction with the hearing pursuant to Section 6.10.140. If the dog owner or custodian requests a hearing before the dog is impounded or abated, the authorized agency will not impound or abate the dog until the hearing is concluded unless there is a need for immediate action as provided in subsection E.
D.
A dog owner or custodian who receives a notice under subsection C may request a hearing to contest the authorized agency's determination to impound or abate a dangerous dog. The owner or custodian's request must be in writing and be received by the authorized agency within 10 days of the date of the notice.
E.
When the authorized agency determines it is necessary to immediately impound a dog to preserve the public health and safety or the safety of an animal, or if a dog has already been impounded under another provision of law, no pre-impoundment hearing will be held. In that case, the authorized agency will provide the dog owner or custodian with written notice allowing 10 days from the date of the notice to request a hearing to contest the abatement of the dog. The hearing request must be in writing and be received by the authorized agency within the specified time period. If the owner or custodian requests a hearing, the dog will not be disposed of until the hearing requirements are satisfied. Once the hearing procedures enumerated in Section 6.10.240 have been completed and there is a final decision that grounds exist to impound or abate a dog or the owner or custodian fails to request a hearing or attend or be represented at a scheduled hearing, the authorized agency may impound or abate the dog.
F.
The
owner or custodian of a declared dangerous dog, who intends to change
the ownership, custody or residence of the dog, must provide at least
15 days' advance written notice to the authorized agency of
the proposed change. The notice must identify the dog and provide
the name, address and telephone number of the proposed new owner or
custodian or the proposed new residence. The authorized agency may
prohibit the proposed change when the authorized agency has reasonable
grounds to believe that the change would be harmful to the public
health and safety or the safety of an animal, by issuing a written
order to the owner or custodian. No person may fail to comply with
an order the authorized agency issues under this subsection.
G.
An owner or custodian who transfers ownership or custody must provide written notice to a new owner or custodian that the dog is a declared dangerous dog and the conditions the authorized agency imposed pursuant to subsection B. The owner or custodian must obtain a written acknowledgment signed and dated by the new owner or custodian, acknowledging receipt of the notice and acceptance of the conditions the authorized agency imposed. The owner or custodian must provide the authorized agency with a copy of the notice and the signed acknowledgment from the new owner or custodian.
H.
If a
declared dangerous dog dies, the owner or custodian must notify the
authorized agency no later than 24 hours after the dog's death.
The owner or custodian must produce the dog's remains when requested
by the authorized agency.
I.
If a
declared dangerous dog escapes, the owner or custodian must immediately
notify the authorized agency of the escape and make every reasonable
effort to recapture it. The owner must also notify the authorized
agency within 24 hours after the dog's recapture.
J.
The
owner, custodian or person in possession of a dog declared a dangerous
dog must keep the dog restrained, confined or muzzled as appropriate
for the circumstances to prevent the dog from biting, attacking or
otherwise causing injury to another.
K.
The
authorized agency's authority to act under this section is independent
of any pending or resolved criminal prosecution, no matter what stage
in the proceeding or the result in that case.
(Ord. 559 § 3, 2019)
A.
An employee
of the authorized agency, a peace officer or a person in an area where
the authorized agency provides animal services who is employed for
animal control purposes may capture or attempt to capture any dog
found at large in violation of law and may destroy the dog if, in
the person's judgment, destroying the dog is required for public
health and safety.
B.
The
authorized agency may not seize or impound any dog for being at large
that has strayed from but then returned to the private property of
its owner or custodian, provided the owner or custodian is at home
when the dog returns. In that case, the authorized agency may issue
the owner or custodian a citation. If the owner or custodian is not
home, the authorized agency may impound the dog and post a notice
that the dog was impounded on the front door of the owner or custodian's
dwelling unit. The notice must provide the following information:
the dog has been impounded, where the dog is being held, the name,
address, and telephone number of the agency or person to be contacted
regarding release of the dog and an indication of the ultimate disposition
of the dog if the owner or custodian does not take action to regain
the dog within a specified time period.
C.
A person
who finds a dog at large may take the dog into the person's
possession and must, as soon as possible, but no later than 24 hours,
notify the authorized agency. The authorized agency may accept the
animal for impoundment and the person who finds the animal must surrender
the animal to the authorized agency upon demand. No person is entitled
to any compensation from the City or authorized agency for keeping
the dog. A person who takes possession of the dog must use reasonable
care to preserve it from injury but will not be held liable if the
dog dies, escapes or injures itself while under the person's
care.
(Ord. 559 § 3, 2019)
A person who relinquishes an animal to the authorized agency
must provide the person's name, address and if the person is
not the owner, the person must also provide the circumstances under
which the person came into possession of the animal.
(Ord. 559 § 3, 2019)
A.
Upon
impoundment of an animal wearing a license tag or identification listing
the owner's name and address, the authorized agency will as
soon as practicable attempt to notify the owner at the owner's
address of record, by mail, personal delivery to the owner or posting
a notice on the owner's property advising that the animal is
in the authorized agency's custody.
B.
The
notice will include a statement that the owner may make a written
request for a hearing within 10 days of the notice, contesting the
legality of the impoundment.
C.
Requesting
a hearing under this section extends the holding period during which
the authorized agency will not dispose of an impounded animal other
than by return to the owner, until the conclusion of the hearing.
If at the conclusion of the hearing the impoundment is found to be
unwarranted, the authorized agency will return the animal to the owner
or custodian without charge for the impoundment.
(Ord. 559 § 3, 2019)
A.
The
owner of an impounded animal that the authorized agency is not seeking
to abate may claim the animal prior to other legal disposition by
providing proper identification, meeting all requirements and paying
the authorized agency the applicable redemption fees.
B.
If an
animal owner redeems an unaltered dog or cat found at large that the
authorized agency justifiably impounded pursuant to this code, the
owner must pay the fines set forth in Division 14, Chapter 3 (for
dogs) or Division 14.5, Chapter 1 (for cats) of Food and Agricultural
Code, as applicable.
C.
When
a person redeems a justifiably impounded dog or cat found at large
and without identification, the authorized agency may require the
owner to pay the cost to implant a microchip identification device,
in addition to other redemption fees established by the City or authorized
agency.
(Ord. 559 § 3, 2019)
A.
The
holding period and availability for redemption, adoption or release
of an impounded stray or relinquished animal will conform to applicable
provisions of this chapter, as well as Sections 17006, 31108, 31752,
31752.5, 31753, and 31754 of the California Food and Agricultural
Code and Section 597.1 of the California Penal Code.
B.
The authorized agency may determine the animal holding period and disposition not specified in subsection A or other provisions of law.
C.
Any
person who adopts or accepts the transfer of an impounded dog or cat
must have the animal altered within 30 days after the adoption or
transfer unless a California licensed veterinarian authorizes a 30-day
extension in writing. It is unlawful to fail to provide the authorized
agency with proof the animal was altered or that an extension was
granted when demanded by the authorized agency.
D.
The
authorized agency may create by policy, a Senior Citizen/Disabled
Persons Pet Adoption Program for City residents who are 60 years or
older or recipients of either Supplemental Security Income or Social
Security Disability payments, and who are qualified to adopt a dog
or cat. The authorized agency may also develop policies for the administration
of other special redemption, adoption, or release programs. The authorized
agency may waive or adjust applicable fees established by the City
or authorized agency in conjunction with this program, provided that
the animals involved must be vaccinated for rabies and be altered
as required by law.
(Ord. 559 § 3, 2019)
A.
Except as provided in subsection D, it is unlawful for any person to own, possess or maintain any venomous reptile.
B.
The
owner or custodian of any wild animal must at all times:
1.
Keep
the animal in a cage, enclosure or other confinement that is designed,
constructed and maintained to preclude the animal's escape.
The cage, enclosure or confinement must be of sufficient size to allow
the animal reasonable freedom of movement;
2.
Keep
the cage, enclosure or other area of confinement in a clean and sanitary
condition at all times;
3.
Provide
the animal with adequate food, water, shelter and veterinary care
and take all necessary steps to preserve the animal's health,
safety and welfare;
4.
Keep
the animal in a manner that will not threaten or annoy any person
of normal sensitivity;
5.
Reimburse
the authorized agency for any costs the authorized agency incurs to
enforce this section;
6.
Reimburse
the City for any damage the City incurs as a result of any action
or behavior of an animal regulated by this section.
C.
Additional requirements apply to the owner or custodian of a wild animal that may create a greater risk to the public. The following animals do not create a greater risk to the public: a fish, an invertebrate, an amphibian, a bird that attains a maximum adult weight less than 15 pounds or a rodent that attains an adult weight fewer than 10 pounds. A reptile does not create a greater risk to the public unless it is one of the following: a crocodilian (order Crocodilia), a boa or python (family Boidae) that attains an adult weight over 15 pounds or an adult length over 3.5 feet, or a Monitor Lizard (family Varanidae) that attains an adult weight over 10 pounds or an adult overall length over three feet. The owner or custodian of a wild animal, other than a wild animal recognized in this subsection as not creating a greater risk to the public must, in addition to the requirements in subsection B, comply with all of the following:
1.
Employ
adequate safeguards to prevent unauthorized access to the animal;
2.
Keep
the animal in an escape proof enclosure at all times, including when
the owner or custodian is transporting the animal to property that
the owner or custodian owns, leases or has the right to use;
3.
Obtain
written permission from the authorized agency whenever the owner or
custodian, or any person on the owner or custodian's behalf,
is transporting that animal to a property that the owner or custodian
does not own, lease or have the right to use;
4.
Immediately
notify the authorized agency if the animal escapes and make every
reasonable effort to recapture an animal that escapes;
5.
Allow
the authorized agency to inspect the animal and the property to determine
whether the owner or custodian is complying with this section;
6.
Allow
the authorized agency to inspect any permit an agency of the Federal
or State government has issued to the owner or custodian that regulates
the animal.
D.
Subsections A and C do not apply to a legally operated zoo, circus, educational institution or scientific research facility, unless the operator is not taking adequate steps to confine an animal, fails to adequately protect the public from an animal under its control, fails to employ adequate sanitation measures, or due to a particular hazard connected with an animal, endangers the health and safety of the public or an animal.
E.
The authorized agency may impound or abate an animal that a person is keeping in violation of this section and relocate or dispose of the animal in a humane manner or impose conditions on the animal owner or custodian as a prerequisite for the owner or custodian to keep the animal. The authorized agency will provide the owner or custodian with at least 10 days' written notice before impounding or abating an animal under this section. The notice will inform the owner or custodian of the right to a hearing to contest whether grounds exist for the authorized agency to impound or abate the animal under this section. If the owner or custodian requests a hearing before the animal is impounded or abated, the authorized agency will not impound or abate the animal until the hearing is concluded, unless there is a need to take immediate action as provided in subsection G.
F.
The owner or custodian of a wild animal who receives a notice under subsection E may request a hearing to contest the authorized agency's determination to impound or abate a wild animal. The owner or custodian's request must be in writing and be received by the authorized agency within 10 days after the date of the notice.
G.
When
the authorized agency determines it is necessary to immediately impound
a wild animal to preserve the public health and safety or the health
or safety of an animal, or if the animal has already been impounded
under another provision of law, no pre-impoundment hearing is required.
In such case, the authorized agency will provide the owner or custodian
with at least 10 days' notice to request a hearing to contest
the impoundment or proposed abatement of the animal. The request for
a hearing must be in writing and received by the authorized agency
within 10 days from the date of the notice.
H.
If the
owner or custodian timely requests a hearing under this section the
authorized agency will not dispose of the animal until the hearing
requirements are satisfied. If the Hearing Officer finds that the
authorized agency has grounds to impound or abate an animal or the
owner or custodian either fails to request a hearing or fails to attend
or be represented at a scheduled hearing, the hearing requirements
are satisfied and the authorized agency may impound or abate the animal.
(Ord. 559 § 3, 2019)
A.
In addition to exercising abatement powers under the public nuisance abatement procedure contained in Title 1 of this code, the authorized agency, the Health Officer, the City or a peace officer, may abate a public nuisance involving an animal by impounding or abating the animal pursuant to this section. If the authorized agency determines that there is an immediate threat to the health and safety of the public or an animal, the City or authorized agency may summarily abate a public nuisance involving an animal or the premises where an animal lives or is maintained, including destroying the animal involved.
B.
When the authorized agency determines that an animal's behavior or the failure of an animal owner or custodian to control an animal results in a public nuisance, the authorized agency may require the owner or custodian of the animal to obtain a public nuisance registration from the authorized agency, in addition to the license required under Section 6.06.010. The authorized agency may impose the same conditions on the owner or custodian of the animal deemed a public nuisance as it may impose on the owner or custodian of dog declared a dangerous dog, enumerated in Section 6.10.140. It is unlawful for a person to violate any condition the authorized agency imposes pursuant to this subsection.
C.
When the authorized agency determines that a public nuisance exists due to an animal owner or custodian's failure to properly control or care for one or more animals, the authorized agency, in addition to using its abatement powers under subsection A to abate any nuisance involving an animal, may require the owner or custodian to register with the authorized agency. This registration need not name a specific animal if the authorized agency is unable to determine which animal or animals were involved. The authorized agency may impose any condition on the owner or custodian enumerated in this title relative to any or all animals the person owns or is the custodian of. The authorized agency may also limit the number of animals or type of animals the owner or custodian may own or have custody of. It is unlawful for a person to violate any condition the authorized agency imposes pursuant to this subsection.
D.
If a
person fails to properly control or care for one or more animals or
the premises where one or more animals are maintained, and the authorized
agency determines that person, based on the person's conduct,
poses a risk to the health or safety of the public or an animal if
that person were to own or have custody of any animal or a specific
type or breed of animal, the authorized agency may enter a declaration
against the person prohibiting that person from having ownership or
custody of any animal or a specific type or breed of animal, for up
to five years. It is unlawful for a person to violate the terms of
the declaration entered pursuant to this subsection. If the authorized
agency determines a person violated this section, the authorized agency
may, in addition to taking any legal action authorized by this code,
enter a new declaration against that person prohibiting that person
from having ownership or custody of any animal or a specific type
or breed of animal, for up to five years after the date of violation.
E.
Except as provided in subsection G, the authorized agency will provide an owner or custodian with at least 10 days' notice before impounding or abating an animal of the right to a hearing to contest whether grounds exist for an impoundment or abatement. If the owner or custodian requests a hearing before the authorized agency impounds or abates the animal, the department will not impound or abate the animal until the conclusion of the hearing except as provided in subsection G. The authorized agency will also provide notice to an animal owner or custodian of its intent to proceed under subsection C or D and advise the owner of the right to request a hearing to contest the authorized agency's determination.
F.
The owner or custodian of an animal who receives a notice under subsection E may request a hearing to contest the authorized agency's determination to impound or abate an animal under this section or the authorized agency's determination to proceed under subsection C or D. The owner or custodian's request must be in writing and be received by the authorized agency within 10 days. All hearings will be conducted pursuant to Section 6.10.240.
G.
When
the authorized agency determines it is necessary to immediately impound
an animal under this section to preserve the public health and safety
or the safety of an animal, or if the animal has already been impounded
under another provision of law, no pre-impoundment hearing is required.
The authorized agency will provide the owner or custodian with written
notice allowing 10 days from the date of the notice to request a hearing
to contest abatement of the animal. The hearing request must be in
writing and be received by the authorized agency within the specified
time period. If the owner or custodian requests a hearing, the animal
will not be disposed of until the hearing requirements are satisfied.
Once the hearing procedures enumerated in Section 6.10.240 have been completed and there is a decision that grounds exist to impound or abate an animal under this section or the animal owner or custodian fails to request a hearing, or attend or be represented at a scheduled hearing, the authorized agency may impound or abate an animal deemed a public nuisance under this section.
H.
The
owner or custodian of an animal required to obtain a public nuisance
registration for an animal must provide at least 15 days' advance
written notice to the authorized agency of a proposed change in the
animal's ownership, custody or residence. The notice must identify
the animal and provide the name, address and telephone number of the
proposed new owner or custodian or the proposed new residence. The
authorized agency may prohibit the proposed change when the authorized
agency has reasonable grounds to believe that the change would be
harmful to the public health and safety or the safety of an animal
by issuing a written order to the owner or custodian. No person may
fail to comply with an order the authorized agency issues under this
subsection.
I.
The
owner or custodian who transfers ownership or custody of an animal
subject to this section must provide written notice to the new owner
or custodian that the animal requires a public nuisance registration
and the terms of any conditions the authorized agency has imposed
pursuant to this section. The owner or custodian must obtain a written
acknowledgment signed and dated by the new owner or custodian acknowledging
receipt of the notice and acceptance of the conditions the authorized
agency imposed. The owner or custodian must provide the authorized
agency with a copy of the notice and the signed acknowledgement from
the new owner or custodian.
J.
If an
animal that requires a public nuisance registration dies, the owner
or custodian must notify the authorized agency no later than 24 hours
after the animal's death. The owner or custodian must produce
the animal's remains when requested by the authorized agency.
K.
If an
animal that requires a public nuisance registration escapes, the owner
or custodian must immediately notify the authorized agency of the
escape and make every reasonable effort to recapture it. The owner
or custodian must also notify the authorized agency within 24 hours
of the animal's recapture.
L.
The
owner, custodian or person in possession of an animal that requires
a public nuisance registration must use all reasonable efforts to
restrain or confine the animal to prevent it from being at large or
from causing damage to any property or injury to any person.
M.
The
authorized agency's authority to act under this section is independent
of any pending or resolved criminal prosecution, no matter what stage
in the proceeding or the result in that case.
(Ord. 559 § 3, 2019)
No person may knowingly keep an animal that suffers from a serious
injury or is afflicted with mange, ringworm, distemper or any contagious
disease without providing or obtaining adequate treatment for the
animal. The authorized agency may take immediate possession of an
animal if it determines that the owner or custodian is not providing
or obtaining adequate treatment and may dispose of the animal unless
the owner or custodian places the animal with a licensed veterinarian
for treatment.
(Ord. 559 § 3, 2019)
A.
Whenever
a person, the "respondent," requests a hearing under this
code, the authorized agency will appoint an employee or representative
who has not been directly involved in the case to serve as the Hearing
Officer. The Hearing Officer will hold the hearing within 30 days
from the date the authorized agency receives the request for the hearing.
The Hearing Officer may continue a hearing at the request of either
party for good cause. The Hearing Officer will issue a written decision
that contains findings and the factual bases for the findings. The
Hearing Officer's decision will be final except as provided
below. The fact that no hearing has been conducted will have no bearing
on any criminal prosecution alleging a violation of this code.
B.
The
authorized agency will present its evidence first and have the burden
of producing evidence at the hearing. The respondent will have the
right to present evidence contesting the authorized agency's
case and the authorized agency will have a right to present a rebuttal
case. The standard of proof on the issues before the Hearing Officer
will be the preponderance of the evidence.
C.
Each
party will have the right at the hearing to call and examine witnesses,
introduce evidence, cross-examine an opposing witness on any matter
relevant to the issues in the case even though that matter was not
covered during direct examination, and impeach any witness regardless
of which party first called the witness to testify. The authorized
agency may call the animal's owner or custodian as a witness
during its case in chief or during its rebuttal case and examine the
person as if the person was under cross-examination.
D.
Strict
rules of evidence do not apply. Evidence that might otherwise be excluded
under the Evidence Code may be admissible if the Hearing Officer determines
it is relevant and of the kind that reasonably prudent persons rely
on in making decisions. All rules of privilege recognized by the evidence
code, however, apply to the hearing. The Hearing Officer may also
exclude irrelevant and cumulative evidence.
E.
The
authorized agency will serve the Hearing Officer's decision
on the respondent. If the Hearing Officer determines that sufficient
grounds exist for the authorized agency to declare a dog to be a dangerous
dog or a public nuisance animal, or that the authorized agency will
abate a dog, the Hearing Officer's decision will include a notice
that the respondent may apply for an administrative review of the
record. The notice will advise the respondent that the request for
review will be in writing and served on the authorized agency within
10 days. The request for review must provide the reasons why the respondent
contends that the Hearing Officer's decision is erroneous.
F.
The
administrative review will be conducted by an employee or representative
of the authorized agency who has not been directly involved in the
case and who will be of the same rank or higher than the Hearing Officer.
G.
If a
respondent timely requests an administrative review, a hearing officer's
decision approving the authorized agency's determination to
destroy an animal is stayed until the authorized agency completes
its review. A request for administrative review will not stay the
Hearing Officer's decision approving the authorized agency's
determination to declare a dog a dangerous dog or a public nuisance
animal, or any condition the authorized agency imposes to allow a
person to continue owning or have custody of an animal.
H.
As part
of the administrative review process, the employee conducting the
review of the record will consider: (1) the issues the respondent
raised in the request for review; (2) whether the authorized agency's
determination is supported by substantial evidence; and (3) whether
the authorized agency acted in compliance with this code.
I.
At the
conclusion of the administrative review, the employee reviewing the
record may uphold, modify or overrule the Hearing Officer's
decision or may order the authorized agency to reconsider the case.
The reviewer's decision will be in writing and will contain
the reasons for the decision. If the reviewer upholds the Hearing
Officer's decision to abate an animal by destruction, the authorized
agency will serve the respondent with a written notice of the right
to apply for a writ of mandate or other order from Superior Court
within 10 days from the date of the notice. The authorized agency
will stay disposition of the animal while the Superior Court action
is pending or until the time for filing an action contesting the decision
to abate has expired.
(Ord. 559 § 3, 2019)
A.
Any
person or owner of an attack, guard or sentry dog (collectively "guard
dog") that operates or maintains a business to sell, rent or
train a guard dog in the City of Santee, who is required to obtain
an operator's permit pursuant to Health and Safety Code Section
121916 (the permittee), must pay the annual permit fee approved by
the City or authorized agency for this type of permit. The person
or owner must also obtain and pay the fee for a guard dog operator
premises permit for each location where the person or owner houses
a guard dog.
B.
The
authorized agency may suspend an animal from use as a guard dog if
the authorized agency determines the animal is not healthy enough
to work or if the authorized agency has advised the operator that
it intends to declare the dog a dangerous dog. The authorized agency
may also permanently bar an animal from working as guard dog if the
authorized agency declares the dog a dangerous dog as provided in
this code.
C.
A permittee
under this section must comply with all the following requirements:
1.
Supply
each animal with sufficient, good and wholesome food and water as
often as the animal's feeding habits require;
2.
Keep
each animal and each animal's quarters in a clean and sanitary
condition;
3.
Provide
each animal with proper shelter and protection from the weather at
all times. An animal must not be overcrowded or exposed to temperatures
detrimental to the welfare of the animal;
4.
Do
not allow any animal to be without care or control in excess of 12
consecutive hours;
5.
Take
every reasonable precaution to ensure that no animal is teased, abused,
mistreated, annoyed, tormented or in any manner made to suffer by
any person or by any means;
6.
Do
not maintain or allow any animal to exist in any manner that is, or
could be, injurious to that animal;
7.
Do
not give an animal any alcoholic beverage, unless prescribed by a
veterinarian;
8.
Do
not allow animals that are natural enemies, temperamentally unsuited
or otherwise incompatible to be quartered together or so near each
other as to cause injury, fear or torment;
9.
Do
not allow any tack equipment, device, substance or material that is,
or could be, injurious or cause unnecessary cruelty to any animal
to be used on or with an animal;
10.
Keep or maintain animals confined at all times on the premises for
which the permit has been issued unless the authorized agency grants
the permittee special permission to remove an animal from the premises.
If a guard dog escapes, the owner or custodian must immediately notify
the authorized agency of the escape and make every reasonable effort
to recapture it. The owner or custodian must also notify the authorized
agency within 24 hours of the animal's recapture;
11.
Give proper rest periods to any working animal. Any confined or restrained
animal must be given exercise proper for the individual animal under
the particular conditions;
12.
Do not work, use or rent any animal that is overheated, weakened,
exhausted, sick, injured, diseased, lame or otherwise unfit;
13.
Do not use or work any animal the authorized agency has suspended
from use until the authorized agency releases the animal from suspension;
14.
Do not display any animal bearing evidence of malnutrition, ill health,
unhealed injury or having been kept in an unsanitary condition;
15.
Keep or maintain each animal in a manner as may be prescribed to
protect the public from the animal and the animal from the public;
16.
Provide conspicuously posted, durable signs of sufficient size containing
both a clear pictorial depiction of a guard dog and a legible written
warning of the presence of a guard dog for every location that houses
a guard dog or where a guard dog is working. These signs must be maintained
at every entrance and at not more than 50-foot intervals so as to
be clearly visible on the fence or other enclosure where the dog is
to be housed or working. Each sign required by this subsection must
measure a minimum of 11 by eight and one-half inches and use lettering
of a minimum of one and one-quarter by one-half inch (91 point) and
of contrasting color with the background. The signs must also include
the name and telephone number of the guard dog owner or operator housing
or providing the dog;
17.
Take any animal to a veterinarian for examination or treatment when
ordered by the authorized agency;
18.
Display no animal whose appearance is, or may be, offensive or contrary
to public decency;
19.
Do not allow any animal to constitute or cause a hazard, or be a
menace to the health, peace or safety of the community;
20.
Obtain and maintain liability insurance from an insurance company
authorized to transact insurance business in the State of California,
with coverage amounts that comply with this subsection. The insurance
must provide liability insurance coverage for the permittee for any
loss due to bodily injury or death with not less than $500,000.00
per occurrence and for any loss due to property damage with not less
than $500,000.00 per occurrence. The permittee must furnish a certificate
of insurance to the authorized agency and must notify the authorized
agency in writing at least 30 days prior to policy cancellation or
nonrenewal. The certificate must also provide all the following information:
21.
Obtain a signed and dated acknowledgment from each person who hires
a guard dog from the permittee before the guard dog is sent on assignment.
The acknowledgment must contain the name, address and telephone number
of the permittee, the name, address and telephone number of the person
who hired the guard dog and the location where the guard dog will
be working while on assignment. The acknowledgement must also contain
the following language:
"In addition to other provisions of law, any person or
business entity who hires or has custody of a guard dog is responsible
for preventing the dog from being at large, as defined in the Santee
Municipal Code and from preventing the dog from attacking or injuring
a person engaged in a lawful act. A person who hires a guard dog must
immediately notify the guard dog operator in the event a guard dog
escapes from its enclosure and notify the San Diego Humane Society
at (619) 299-7012 in the event an escaped dog is not immediately recaptured."
"The Santee Municipal Code also provides that a person
who has custody or control of a dog which bites a person must notify
the San Diego Humane Society as soon as practicable after the incident
and not more than 24 hours after the incident."
22.
Provide the authorized agency with a copy of the signed acknowledgment required by subsection (C)(21);
23.
Isolate and segregate at all times any sick or diseased animal from
any healthy animal so that the illness or disease will not be transmitted
from one animal to another. Any sick or injured animal must be isolated
and given proper medical treatment;
24.
Immediately notify the owner of any animal held on consignment or
boarded if the animal refuses to eat or drink beyond a reasonable
period, is injured, becomes sick or dies. In case of death, the body
of the dog must be retained for 12 hours after notification has been
sent to the owner.
D.
Reimburse
the authorized agency for all costs incurred in enforcing the provisions
of this section.
(Ord. 559 § 3, 2019)
Pursuant to California Penal Code Section 597.7, no person may
leave or confine an animal in any unattended motor vehicle under conditions
that endanger the health or well-being of an animal due to heat, cold,
lack of adequate ventilation, or lack of food or water, or other circumstances
that could reasonably be expected to cause suffering, disability or
death to the animal.
(Ord. 559 § 3, 2019)
It is unlawful for the owner or custodian of any dog to allow the dog to bark in violation of Chapter 5.04. Any person who violates this provision is guilty of an infraction.
(Ord. 559 § 3, 2019)
It is unlawful for any person to cause, facilitate, or allow a dog to be or remain off-lease or unconfined except in compliance with the provisions of this title or any other applicable provision of this code, including, but not limited to, Sections 8.08.170 and 8.08.180.
(Ord. 559 § 3, 2019)
A.
Any
person who violates any provision or fails to comply with any mandatory
requirement of this code is guilty of a misdemeanor, except where
the code or State law specifically provides the offense is an infraction.
B.
When
a person is convicted of a violation of this code that is classified
as a misdemeanor, the sentencing court may order, in addition to any
other sentencing provision, that the convicted person be prohibited
from owning, possessing, caring for or having any contact with animals
for a period of up to three years if the court deems the action is
necessary to ensure the animal or public safety or welfare. The court
may also require the convicted person to immediately deliver all animals
in the person's possession, custody or control to the authorized
agency for adoption or other lawful disposition and for the convicted
person to provide proof to the court that the person no longer has
possession, custody or control of any animal.
(Ord. 559 § 3, 2019)
