It shall be unlawful for any person to suffer or permit any
dog owned, harbored, or controlled by him or her to be on any public
street, alley, lane, park, common area, or place of whatever nature
open to and used by the public in the City unless such dog is securely
leashed and the leash is held continuously in the hands of a responsible
person capable of controlling such dog, or unless the dog is securely
confined in a vehicle. An Animal Control Officer, as defined in Section
5-4.1021, may issue an administrative citation assessing a civil penalty
to that person in accordance with, and the person shall be subject
to the administrative enforcement provisions set forth in, Chapter
1-6 of the Municipal Code.
It shall be unlawful for any person to suffer or permit any
dog owned, harbored, or controlled by him or her to be on any private
property in the City without the permission of the person owning or
occupying such private property.
(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord.
933, eff. September 23, 2022)
It shall be unlawful for any person owning or having the possession
of any animal to permit it to be at large without reasonable control
or to be pastured or kept upon any street or other public place or
upon any private property against the wishes of the owner or occupant
thereof or in any manner or place to the injury of the owner or occupant
of any other property.
(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord.
933, eff. September 23, 2022)
Any animal found by the Animal Control Department not under
control as prescribed in this chapter shall be taken by the Animal
Control Department and impounded; provided, however, no such animal
staked or tied for the purpose of grazing upon private property, and
no fowl at large upon private property, shall be impounded except
upon the complaint of the owner or occupant of such property or any
other person in charge of such property who claims to be injured thereby.
(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord.
933, eff. September 23, 2022)
The Animal Control Department shall make reasonable effort by
personal service or phone to give notice of the impoundment to owner
or keeper and if unsuccessful, shall mail written notice to the last
known address of the owner or keeper advising of the impoundment,
the date by which redemption must be made and the fees payable prior
to redemption release. Any animal or fowl mentioned in such notice
may be disposed of, unless redeemed as provided in this chapter.
(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord.
933, eff. September 23, 2022)
For the purposes of discharging the duties imposed by this chapter
or other applicable laws and to enforce the same, the Director or
any peace officer may enter upon private property, except dwellings
located thereon, as follows:
(a)
During
daylight:
(1)
When in pursuit of any animal which he or she has reasonable or probable
cause to believe is subject to impoundment pursuant to the provisions
of this chapter or other applicable laws,
(2)
To impound or place in isolation any animal thereon which he or she
has any cause whatsoever to believe or suspect has rabies or is a
biting animal,
(3)
To inspect or examine animals isolated thereon pursuant to the provisions
of this chapter or other applicable laws,
(b)
At
night:
(1)
When in pursuit of any animal which he or she has reasonable or probable
cause to believe is subject to impoundment pursuant to the provisions
of this chapter or other applicable laws,
(2)
To impound or place in isolation any animal thereon which he or she
has any cause whatsoever to believe or suspect has rabies or is a
biting animal, and
(3)
|
As a condition of the authority set forth in this section, except
where time does not permit in an emergency or when in fresh pursuit,
before entering upon private property a reasonable effort shall be
made to locate the owner or possessor thereof to request permission
to enter upon such property and to explain the purposes for such entry.
|
(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 1, Ord.
633, eff. September 12, 1985, and § 4, Ord. 933, eff. September 23, 2022)
In addition to other authority provided by law for making arrests,
the Director and his or her deputies are hereby designated as public
officers and employees and are authorized to make arrests according
to Section 836.5 of the Penal Code of the State for the purpose of
enforcing and carrying out the provisions of this chapter. The Director
and any deputies he or she may designate are further authorized to
carry and use weapons while actually engaged in the performance of
their duties.
(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord.
933, eff. September 23, 2022)
In addition to his or her duties as otherwise provided, each
employee of the Animal Control Department is hereby given the power
and duty of collecting dog license fees. Persons under the age of
21 years may be appointed to a position within the Animal Control
Department for the purpose of performing clerical, stenographic, or
kennel duties. All other positions shall be filled by persons over
the age of 21 years.
(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord.
933, eff. September 23, 2022)
Any animal, except an animal kept or controlled by a governmental
agency, which has committed any one or more of the following acts
is a public nuisance:
(a)
The
utterance of barks or cries which are shown to have occurred either
as an episode of continuous noise lasting for a minimum of 10 minutes
or repeated episodes of intermittent noise lasting for a minimum period
of 30 minutes and deprive persons residing in two or more residences
in the neighborhood of the comfortable enjoyment of their homes. or
deprive a person residing in one residence of the comfortable enjoyment
of their residence if the following conditions are met: (1) due to
special physical circumstances such as topography, distance between
adjoining properties, placement of structures, general location of
the animal being complained about, or other special circumstances
that limit the effects of the barks, cries, or sounds as to other
residences or the persons in such other residences; and (2) the Director
has caused an investigation to be performed and such investigation
confirms that sufficient evidence exists to support the special physical
circumstances.
(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 2, Ord.
633, eff. September 12, 1985, and § 4, Ord. 933, eff. September 23, 2022)
Upon receiving complaint(s) regarding a barking dog nuisance
described in Section 5-5.508, supported by both (1) a statement under
penalty of perjury from the complainant describing the barking nuisance
conduct, and (2) audio-visual documentation of the barking nuisance
conduct if such barking nuisance conduct has not been directly observed
and documented by an animal control officer or peace officer, the
Director will review the circumstances presented giving rise to such
complaint(s), and if the complaint(s) are found to be factually supported,
an Animal Control Officer may issue a citation to the owner or keeper
of the barking dog identified in the complaint, assessing a civil
penalty to that person in accordance with, and the person shall, if
cited, be subject to the City's administrative enforcement provisions.
The civil penalty shall be assessed according to the schedule of rates
and fees approved by resolution.
(a)
A
citee who has been issued a citation assessing a civil penalty for
a public nuisance under this section, may request an initial administrative
review of the citation within 20 calendar days of its issuance. A
citee's request must set forth, with particularity, the reasons the
citee believes the violation did not occur or that the citee was not
responsible for the violation and must contain a copy of the citation
and identify the address to which conclusion of the Director's administrative
review should be mailed. The citee must include a deposit, in the
amount approved by resolution for the cost of such administrative
review.
(b)
Upon
receiving a citee's request for administrative review, the Directors'
Reviewing Official, who shall be a City employee or contractor who
played no role in the investigation or issuance of the citation, shall
review the request, citation and other pertinent information, and
provide the citee with written notification of one of the following
determinations:
(1)
The citation is vacated because there was no violation, or the citee
was not responsible for the violation;
(2)
The citation will not be vacated because no justification could be
found and setting forth the basis for that conclusion. However, if
the citee agrees to enter into a written six month compliance agreement
with the Director to implement specified measures to eliminate the
barking nuisance within 10 days of the Director's notice, the Director
will provisionally rescind the citation and associated penalty, so
long as the citee abides by the terms of the signed compliance agreement
and the Director receives no further complaints during the following
six month period from residents in the citee's neighborhood regarding
nuisance conduct in violation of this article. The citee will be notified
that if the Director finds that a citee has subsequently violated
the terms of a compliance agreement because the Director receives
further complaints from neighbors regarding a barking nuisance during
the following six month period, the citation will no longer be deemed
rescinded and the citation amount will be due paid in 10 days. The
citee will also be notified that the Director may also issue an additional
citation if the Director finds that there has been a violation of
an existing compliance agreement and new barking nuisance conduct
under this article. The decision to offer a compliance agreement to
a dog owner is at the Director's sole discretion. The Director may
consider whether there is a history of similar complaints of barking
nuisance conduct under this article, involving the same dog.
(3)
The citation will not be vacated because no justification could be
found and setting forth the basis for that conclusion.
(c)
The
Reviewing Official will mail a copy of the notification to the citee
at the address included in the request for administrative review along
with, if applicable, a notice establishing the fine due date and the
procedure for requesting an administrative hearing to challenge the
citation under Article 8. If the Director vacates a citation upon
further administrative review, the Director will refund the full amount
deposited by the citee for the administrative review of the citation.
(d)
The
Reviewing Official will complete the review within 10 business days
of the Director's receipt of the citee's request.
(e)
A
citee's request for an initial administrative review is not a mandatory
prerequisite to a request for an administrative hearing.
(§ 4, Ord. 933, eff. September 23, 2022)
(a)
Any
dog whose owner or keeper receives three or more citations for being
a public nuisance in violation of this article, will be found by the
Director to be an animal nuisance and the owner of such an animal
will be ordered by the Director to obtain a nuisance dog license and
pay the additional annual license fee established by the Board of
Supervisors for an animal nuisance and to follow all findings and
orders issued by the Director.
(b)
If
no less than two years have passed since Director's latest citation
for a barking dog nuisance, under this article, and the citee has
no subsequent citation, and the Director has received no subsequent
complaints from residents in the citee's neighborhood regarding that
dog barking, the citee may submit a written request for the Director
to conduct an administrative review regarding whether there is good
cause to provisionally rescind a requirement the dog to be licensed
as an animal nuisance. If, in response to a citee's request, the Director
determines after administrative review that there is good cause to
provisionally rescind the nuisance animal designation, it will so
notify the citee. If the Director thereafter receives two or more
complaints from residents in the citee's neighborhood regarding the
same dog barking, the Director may, at its sole discretion, and without
holding an additional hearing, reverse its provisional rescission
of the requirement that the dog be licensed as an animal nuisance.
(§ 4, Ord. 933, eff. September 23, 2022)
(a)
A
citee who is issued a citation assessing a civil penalty arising out
of any violation of this chapter, may request an initial administrative
review of the citation within 20 calendar days of its issuance, rather
than proceeding directly to a request for an administrative hearing
regarding the citation. This request must be made in writing and served
upon the Director at the address set forth in the citation. A citee's
request must set forth, with particularity, the reasons the citee
believes a violation did not occur, or that the citee was not responsible
for the violation, must include a copy of the citation, and must contain
the address to which the conclusions of the Director's review should
be mailed. A request for an initial administrative review must be
accompanied by payment of a fee for administrative review according
to the schedule of rates and fees adopted by resolution of the City
Council or Board of Supervisors.
(b)
Upon
receiving a citee's request for review, the Reviewing Official shall
review the request, citation and other pertinent information, and
provide the citee with written notification that:
(1)
The citation is vacated because there was no violation, or the citee
was not responsible for the violation (if the citation is vacated,
the Director shall provide the citee with a refund of the fee paid
for administrative review);
(2)
The citation will not be vacated because no justification could be
found and setting forth the basis for that conclusion.
(c)
The
Reviewing Official will mail a copy of the notification to the citee
at the address included in the request for initial administrative
review along with, if applicable, notice establishing the fine due
date and the procedure for requesting an administrative hearing review
within 10 business days of receiving citee's request.
(d)
Any
citee dissatisfied with the conclusions of an initial administrative
review may contest that citation by requesting an administrative hearing.
A citee must request an administrative hearing under this chapter,
in writing within 20 calendar days after the date the Director served
citee with notice of the administrative review decision. Requests
must be submitted to the Director's office and must be accompanied
by an advance deposit of the fine or a request for a hardship waiver.
(§ 4, Ord. 933, eff. September 23, 2022)
A citee who is issued a civil penalty for a violation of this
chapter, may request an administrative hearing to challenge the basis
for the citation within 20 calendar days of its issuance.
Except as may be provided for in this chapter, each request
for administrative hearing must be accompanied by an advance deposit
in an amount equal to the contested civil penalty, including delinquency
fees, and the administrative hearing fee set by resolution of the
City Council Board of Supervisors or the amount of $1,000, whichever
is less.
(§ 4, Ord. 933, eff. September 23, 2022)
(a)
A
citee who is financially unable to make an advance deposit of the
amount required for an administrative hearing deposit may file an
application with the Director within 30 days from citation issuance
requesting a waiver of the advance deposit. Such application shall
be in a form required by the Director, filed with the request for
administrative hearing and shall be accompanied by a declaration,
signed under penalty of perjury, with any supporting documents required
by the Director, demonstrating the citee's financial inability to
pay.
(b)
The
Director shall review the request for hardship waiver, including the
declaration and supporting documents, within 15 days of receiving
the request and determine whether to grant or deny the request. Thereafter,
the Director shall serve the citee with a notice of its determination
by mail at the address provided in the waiver application. The determination
of the Director as to such waiver shall be final.
(c)
Should
the application be denied, the citee must deposit the required advance
deposit with the Director not later than 10 days following the date
the notice of denial of the waiver was served upon the citee. Failure
to provide the deposit within 10 days shall be deemed a waiver of
the citee's right to an administrative hearing and the civil penalty
shall be deemed delinquent. The Director shall thereafter serve notice
of the penalty amount for the delinquency upon the citee and provide
notice to the Hearing Officer.
(§ 4, Ord. 933, eff. September 23, 2022)
Upon receiving a timely request for an administrative hearing
to contest a citation assessing a civil penalty, together with any
required deposits, the Director shall set an administrative hearing
on a date not less than 15, nor more than 60 days, from the date the
hearing is requested. Written notice of the date, time and location
of the administrative hearing shall be provided to the citee at least
15 days prior to the hearing date.
(§ 4, Ord. 933, eff. September 23, 2022)
(a)
Issues
to be determined at the hearing are limited to whether the violation
alleged in the administrative citation actually occurred; and whether
the citee was legally responsible for the violation.
(b)
The
Hearing Officer shall be appointed by the City Manager or designee.
(c)
The
burden of proof will be upon the Director by a preponderance of the
evidence. The citation itself shall be considered as prima facie evidence
of the facts contained therein. Both the citee and the enforcement
officer shall have the opportunity to testify and present additional
evidence concerning the alleged violation. Such evidence may include
witness testimony, documents, and other evidence. Strict rules of
evidence shall not apply, including hearsay. Evidence must be relevant
and material to the issues of whether the violation actually occurred
and/or whether the citee was responsible for the violation.
(d)
In
lieu of personally appearing at the hearing, the citee may request
that the hearing officer decide the matter upon the facts set forth
in the citation, and relevant documents or written statements previously
submitted.
(e)
If
the citee fails to appear at the hearing, without having been granted
a waiver of presence by the Hearing Officer, this will be deemed to
be a waiver of the right to be personally present. The Hearing Officer
shall then determine the matter upon the facts set forth in the citation,
and relevant documents or written statements previously submitted,
and statements from the enforcement officer during the hearing.
(f)
The
enforcement officer who issued the citation may, but is not required
to, be present at the hearing, unless the citee serves a subpoena
on the enforcement officer to testify at the hearing. In lieu of such
attendance the enforcement officer may submit, prior to the hearing,
reports, photographs, or other documents to the Director which shall
then be forwarded to the Hearing Officer for consideration.
(g)
A
copy of the documents submitted by the enforcement officer will also
be provided to the citee at the commencement of the hearing.
(h)
The
Hearing Officer shall have the authority to continue any hearing and
request additional information from the enforcement officer or citee
prior to rendering a written decision.
(§ 4, Ord. 933, eff. September 23, 2022)
(a)
Within
10 days after completion of the hearing, the Hearing Officer shall
issue a written decision to uphold or set aside the civil penalty
assessed against the citee and shall set forth the reasons for such
decision. A copy of the decision shall be provided to the Director.
(b)
The
Director shall, after receiving a copy of the Hearing Officer's determination,
promptly provide a copy thereof to the citee at the address set forth
in his/her request for administrative hearing either by serving the
citee personally, or by first class mail, return receipt requested.
(c)
If
the decision of the Hearing Officer is to sustain the civil penalty,
the Director shall accompany the Hearing Officer's decision with a
notice advising the citee that the Director will retain any advance
deposit previously paid for the civil penalty amount. If payment was
not in the full amount, including a waiver previously granted, full
and complete payment will be required within 30 days of the date of
the notice.
(d)
The
citee shall have the right to file a petition in the Ventura County
Superior Court for review of the Hearing Officer's decision as set
forth in California Code of Civil Procedure Sections 1094.5 and 1094.6.
Such petition must be filed within 90 days of the date notice of the
decision is served on the citee.
(e)
If
the decision of the Hearing Officer is to set aside and vacate the
civil penalty, any advance deposit of the civil penalty shall be refunded
to the citee. The Director shall also refund the administrative hearing
fee previously paid by the citee. The Director shall provide notice
to the citee of the decision and the refund, either by serving the
citee personally, or by first class mail, return receipt requested.
The Director shall also provide notice of the decision to the enforcement
officer.
(§ 4, Ord. 933, eff. September 23, 2022)
A penalty that is final either by termination of appeal rights
or by completion of the appeal process may be collected by any lawfully
authorized means, including, but not limited to, filing a civil action
to recover the amount of the unpaid penalties.
(§ 4, Ord. 933, eff. September 23, 2022, as amended by § 4, Ord. 933, eff. September 23, 2022)
Any dog which is running at large and which is, by reason of
its vicious disposition, dangerous to persons or property may be shot
by any peace officer or taken up and destroyed in a humane manner
by the Director.
(§ 2, Ord. 422, eff. April 23, 1971, as renumbered by § 4, Ord. 633, eff. September 12, 1985, and
§ 4, Ord. 933, eff. September
23, 2022)
It shall be unlawful for any person who has an animal in his
or her possession, custody, or control to fail or refuse to exhibit
such animal or any license therefor for inspection upon demand by
the Director or any peace officer. An Animal Control Officer, as defined
in Section 5-4.1021, may issue an administrative citation assessing
a civil penalty to that person in accordance with, and the person
shall be subject to the administrative enforcement provisions set
forth in, Chapter 1-6 of the Municipal Code.
(§ 2, Ord. 422, eff. April 23, 1971, as amended by Part 3, Ord. 508, eff. July 24, 1975, as renumbered by § 4, Ord. 633, eff. September 12, 1985, and
§ 4, Ord. 933, eff. September
23, 2022)
[1]
Editor's note—Former Section 5-4.111, Noisy Animals,
added by Ord. No. 422, effective April 23, 1971, as amended by Ord.
No. 508, effective July 24, 1975, repealed by Ord. No. 633, effective
September 12, 1985, amended and renumbered by Ord. No. 933, effective
September 23, 2022.
