This chapter sets forth the manner in which city animal compliance
officers, peace officers, and other persons authorized by this title,
by city council resolution or by contract will enforce the provisions
of the Moorpark Municipal Code pertaining to animals. The process
contemplates that a citizen will contact the city to complain about
a violation of the Moorpark Municipal Code. If the responding city
animal compliance officer, peace officer, or other authorized enforcement
official can verify the violation by witnessing such violation, the
animal compliance officer may issue a citation for the violation.
Alternatively, if the animal compliance officer, peace officer, or
other authorized enforcement official independently witnesses a violation
of the code, he or she may issue a citation.
(Ord. 504 § 2, 2022)
An animal compliance officer, peace officer or other authorized
enforcement official may enter onto private property but not enter
dwellings located there, if:
B.
Entry
onto private property as described in this section may occur during
daylight:
1.
To
pursue any animal when an animal compliance officer, peace officer,
or other enforcement official has reasonable or probable cause to
believe the animal is subject to impoundment pursuant to this title
or other applicable law; or
2.
To
place in isolation or impound any animal on the property when the
animal compliance officer, peace officer, and/or any other enforcement
official has any cause whatsoever to believe or suspect that the animal
has rabies or that it is a biting animal; or
3.
To
inspect or examine animals for animal welfare purposes; or
4.
To
inspect or examine animals isolated for rabies control purposes; or
5.
To
impound an animal pursuant to this title or other applicable law;
or
6.
To
seize an animal pursuant to this title or other applicable law.
C.
Entry
onto private property as described in this section may occur at night:
1.
To
pursue any animal when the animal compliance officer, peace officer,
or other enforcement official has reasonable or probable cause to
believe the animal is subject to impoundment pursuant to this title
or other applicable law; or
2.
To
place in isolation or impound any animal on the property when the
animal compliance officer, peace officer, or other authorized enforcement
official has any cause whatsoever to believe or suspect that the animal
has rabies or that it is a biting animal; or
3.
To
inspect or examine animals isolated there pursuant to this title or
other applicable law; or
4.
To
seize an animal pursuant to this title or other applicable law.
D.
Prior
to entry as described in this section, a reasonable effort shall be
made to locate the owner or possessor of the property in order to
request permission to enter upon the property and to explain the purpose
for entry, except when time does not permit such as in an emergency
or when in fresh pursuit.
(Ord. 504 § 2, 2022)
A.
An animal
compliance officer, peace officer, or other enforcement official may
demand to see an animal or animal license for inspection.
B.
No person
may willfully or maliciously fail or refuse to exhibit the animal
or any license therefor for inspection when asked to do so by an animal
compliance officer or a peace officer.
(Ord. 504 § 2, 2022)
It is unlawful for any person that owns, harbors, or keeps any
animal to tolerate, permit or allow:
A.
An animal
to be at large without reasonable control; or
B.
An animal
to be pastured, harbored, housed, or kept upon or in any public street,
common area, or any other public building, place, or real property
of any kind; or
C.
An animal
to enter or be upon any private property without the permission of
the owner or occupant of the private property; or
D.
An animal
to chase pedestrians, vehicles, ridden horses, or any other animal
that occurs off the property of the owner or keeper of the chasing
animal; or
E.
An animal
to inflict unprovoked physical injury upon any persons conducting
themselves lawfully that occurs off the property of the owner or keeper
of the animal inflicting the injury; or
F.
An animal
to engage in unprovoked threatening behavior toward any persons conducting
themselves lawfully that causes them reasonably to fear for their
physical safety, that occurs off the property of the owner or keeper
of the animal inflicting the injury; or
G.
An animal
to inflict unprovoked physical injury upon any other animal that occurs
off the property of the owner or keeper of the animal inflicting the
injury; or
H.
An animal
to injure in any manner the owner or occupant of any public or private
real or personal property; or
I.
An animal
to damage real or personal property of any person other than the real
or personal property of the owner or keeper of the animal that occurs
off the property of the owner or keeper of the animal causing the
damage.
(Ord. 504 § 2, 2022)
A.
It is
unlawful for any person that owns, harbors, or keeps any dog to tolerate,
permit, or allow the dog to be unleashed, unless the dog is secured
in a vehicle, or physically restrained in another humane manner of
control. A leash shall be held continuously in the hand of a responsible
person capable of controlling the dog. This leash requirement applies
whenever the dog is on public or private property including on any
public street, alley, lane, park, greenbelt, trail, or place of whatever
nature that is open to and used by the public, except in any dog park
when such dog and owner or keeper are in compliance with the requirements
of this code with respect to use of dog parks.
B.
It is
unlawful for any person that owns, harbors, or keeps any dog to tolerate,
permit, or allow the dog to be on any private property in the city
without the permission of the person owning or occupying the private
property.
C.
Exceptions
to the leash requirements of this section are when the dog is on the
property of the person who has the charge or control of a dog, or
when the dog is on the dog owner's property.
(Ord. 504 § 2, 2022)
A.
It is
unlawful for any person owning or having possession, charge, or control
of any dog to tolerate, permit, or allow the dog to defecate on any
public or private property in the city without the consent of the
owner or person in lawful possession of the property.
B.
The
person that owns, harbors or keeps any dog that defecates on any public
or private property shall immediately remove the feces by placing
it in a closed container and then depositing the feces in a trash
receptacle unless the owner or person in lawful possession of the
property consents to the dog defecation.
C.
This
section does not apply to a peace officer with an on-duty police dog
(including search and rescue dogs) or to a person with a disability
as defined by the Americans with Disabilities Act of 1990 (42 U.S.C.
12101, et seq.) who is accompanied by a service animal, which has
been trained by a person licensed under Section 7200 et seq., of the
Business and Professions Code.
(Ord. 504 § 2, 2022)
A.
The provisions of this section apply to all animals excluding barking dogs. Barking dogs shall be regulated through Chapter 6.09 of this title.
B.
It is
unlawful for any person that owns, harbors, or keeps any animal to
tolerate, permit, or allow the animal to repeatedly bark, howl, whine,
crow, or make loud or unusual noises in such a manner that disturbs
the peace and quiet or interferes with the comfortable enjoyment of
life and/or property of a reasonable person of ordinary sensitivity
or which are so harsh or so prolonged or unnatural or unusual in their
frequency, time, or place as to cause or contribute to the unnecessary
and unreasonable discomfort of any person. An animal compliance officer,
peace officer, and/or any other person authorized by this title, by
city council resolution, or by contract may cite anyone found in violation
of this subsection.
C.
In making the determination of whether a violation of subsection B of this section has occurred, all relevant evidence shall be considered, including, but not limited to, evidence of the following factors:
1.
The
nature, volume, and frequency of the noise;
2.
The
time or times of day when the noise is heard by the complaining parties;
3.
The
apparent reasons or provocations for the animal to emit the noise,
if any;
4.
The
location or locations on the property where the animal other than
a barking dog is kept;
5.
The
proximity of the complaining party to the noise;
6.
The
manner in which the animal is kept; and
7.
The
number of persons complaining about the barking or other noise.
(Ord. 504 § 2, 2022)
Any person who finds a stray domestic animal shall, within a
reasonable time, inform the owner, if known, or use reasonable efforts
to locate the owner, if not known.
A.
The
finder may bring the animal to an animal shelter or retain its possession,
subject to the demand of the shelter director or his or her designee.
B.
If the
finder chooses to retain possession of the animal, the finder shall
provide for the humane treatment of the domestic animal, and within
24 hours, shall file a found animal report on the animal regulation
department's website. If the finder does not wish to have his or her
name and address appear on the website, the finder may obtain a case
number from the animal regulation department and have that number
published on the website.
C.
If no person appears and claims ownership of the animal retained by the finder within 30 days after the filing of a found animal report under subsection B of this section, the animal shall be deemed to be abandoned and the finder shall be deemed to be the owner of the animal. Any person becoming the owner of such a found animal shall assume all the legal responsibilities of the animal owner under state and local law, and including, but not limited to, responsibilities for complying with requirements for licensing, rabies vaccination, and mandatory spay/neuter.
D.
If within
30 days of the finder's filing of the found animal report the animal's
owner does appear and establishes ownership of the animal to the animal
regulation department's satisfaction, the finder shall surrender possession
of the animal to that owner.
(Ord. 504 § 2, 2022)
The keeping, maintaining, control, or harboring of roosters is defined in Section 17.28.030(B).
(Ord. 504 § 2, 2022)
