HomeMy WebLinkAboutCC ORD 2000-2171 Amends Chs. 8.04—8.16, 8.24, 8.32 and 8.36; repeals Chs. 8.20 and 8.28, animals (8.04, 8.08, 8.12, 8.16, 8.24, 8.32, 8.36)ORDINANCE NO. 2000-2171
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AMENDING
TITLE 8 OF THE NATIONAL CITY MUNICIPAL
CODE RELATING TO ANIMAL CONTROL
BE IT ORDAINED by the City Council of the City of National City that Title 8
of the Municipal Code is amended as follows:
Section 1. That the Title of Contents is amended to read:
Chapter 8.04 Animal control and impoundment —Generally
Chapter 8.08 Large animals and large birds —At large or grazing
Chapter 8.12 Dog licenses
Chapter 8.16 Dog regulations
Chapter 8.24 Kennels
Chapter 8.32 Keeping of birds and animals
Chapter 8.36 Transportation of animals in vehicles
Section 2. That Chapter 8.04 is amended in its entirety to read:
CHAPTER 8.04
ANIMAL CONTROL AND IMPOUNDMENT —GENERALLY
Sections:
8.04.005 Purpose and intent
8.04.010 Administration
8.04.015 Definitions
8.04.020 Impoundment, disposal and return of animals
8.04.030 Pound and cost recovery fees
8.04.040 Presumption of responsibility of owner for violations or fees
8.04.005 Purpose and intent. It is the purpose and intent of the City Council to
provide for the administration of animal control services, to maintain public health through the
restrictions on keeping certain animal species with their attendant diseases and zoonotic
conditions, and to supplement the provisions of the humane laws contained in the Food and
Agricultural Code, the Penal Code and the various miscellaneous laws of the State of
California respecting animal control in this Title 8 within the city limits.
8.04.010 Administration. A. The City Manager, through the Chief of Police, is
authorized to maintain or contract for an animal pound and related animal control services,
subject to the annual City Council approved budget.
B. Persons designated Animal Control Officers by the Chief of Police are
authorized to impound stray animals and any animal whose possession, care or custody is in
violation of state law or this Title 8. Animal control officers shall exercise all powers and
authorities conferred by the penal code and investigate and enforce the provisions of state law
and this code. Animal control officers are authorized to euthanize animals in a humane
manner when necessary for public health or safety or the well being of the animal. Animal
control officers may be authorized to carry firearms in the discharge of their duties in
accordance with state humane laws.
C. It is unlawful and a misdemeanor for any person to interfere with or obstruct an
animal control officer in the performance of his or her duties. Obstruction includes rescuing or
attempting to rescue an animal during impoundment procedures.
D. An animal control officer is authorized to arrest any person without a warrant
for any crime pertaining to the humane laws and animal control committed in their presence,
and to issue citations for all violations of law he or she is responsible for administering or
enforcing.
E. An animal control officer may issue administrative citations pursuant to Chapter
1.44 of this code in lieu of a criminal citation to any person violating a provision of this Title 8
without the requirement for the prior issuance of a notice of violation for a first violation.
F. Violations of this Title 8 are infractions, except when designated as a
misdemeanor.
8.04.015 Definitions. Within this Title 8, the following definitions apply:
A. "Animal" means any non -human biped or any quadruped, reptile or bird. It
includes a "large animal", "large bird", or a dog or cat.
B. "Assistance dog" means any service dog, guide dog, signal dog or other dog
trained and used by and licensed to a disabled person to assist that person in dealing with their
disability. Assistance dogs are also described in Food and Agricultural Code Section 30580.
It shall also include a dog being trained for such service.
C. "Assistance animal" means any animal trained for and used by a disabled person
to assist that person in dealing with his or her disability.
D. "At large" or "run at large" means to be untethered, unleashed, or not confined
to the limits of the owner's or handler's property by a fence or enclosure capable of
containment, or not under the physical control of an owner or handler when the animal is upon
any property other than that of the owner or person responsible for the animal.
E. "Cat" means only a domesticated feline (fells domesticus) of either sex. It
specifically excludes any feral cat, wild cat, leopard, puma, ocelot, lion, tiger, jaguar, or any
other feline considered ferae naturae regardless of its actual or alleged state of domesticity.
F. "Dog" means only a canine (canis familiaris) of either sex. It specifically
excludes a wolf (lupine), fox (canid), coyote (canis la trans) or any canine hybrid.
G. "Handler" means any person in possession of an animal, or who is charged with
or is exercising the care, control and custody of the animal. It includes the person who owns
the animal when that person is exercising the care, custody and control of the animal.
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H. "Large animal" means any animal, other than a dog or cat, that is expected to
attain a body weight at maturity that exceeds 25 pounds in weight. It includes, without
limitation: horse, mule, donkey, burro, jackass, pony, oxen, cattle (bull, cow or calf) hog, pigs
(including potbelly pigs) sheep, goats, any non -human primate (monkey, chimpanzee, ape,
simian, etc.), llama, alpaca, dromedary.
I. "Large bird" means any emu, cassowary, ostrich; any turkey, flightless fowl or
any other avian exceeding three pounds in weight; or any raptor (hawk, owl, falcon, etc.).
J. "Leash" means a cord or strap of leather, canvas or other strong, non -elastic
material that does not exceed six (6) feet in length, with a hook or snap at one end and a loop
or handle at the other which is designed to be held by a human hand.
K. "Not on a leash" —see "unleashed".
L. "Rooster" means a male chicken regardless of size.
M. "Run at large" —see "At large".
N. "Small animal" or "small bird" means any animal or bird that is not a large
animal or large bird.
O. "Stray" means the same as "at large".
P. "Unleashed" or "not on a leash" means that any dog or other animal is not
attached to a leash, or is attached to one end of a leash the other end of which is not fastened to
a stationary object or is held by a person who lacks the physical ability to restrain the dog or
animal. It shall be rebuttably presumed that any person weighing less than the weight of the
dog or animal being restrained lacks the physical ability to restrain it.
8.04.020 Impoundment. disposal and return of animals. Impounded animals shall
be handled and returned or disposed of as follows:
A. The animal control officer shall make reasonable efforts to notify the owner of
any dog or animal bearing a license tag or indicia from which ownership can be readily
determined. However, neither the City nor the animal control officer shall be liable to the
owner for defective notification or non -notification, the undertaking of which is declared not to
be a duty owed to the public by virtue of its inclusion in this code. Notification and all pre -
seizure or post seizure impound hearings shall be provided in accordance with Penal Code
Section 597.1.
B. Unless sick, diseased or disabled, animals shall be held for the period specified
by state law, unless sooner claimed and delivered to the owner after full payment of license and
impound fees, presentation of proof of licensing when applicable, and demonstration of the
ability to comply with applicable humane and animal control law concerning the future care,
custody and control of the animal. Until payment is made and such proof is presented to the
satisfaction of the animal control officer, the animal shall not be delivered. If the animal
continues to remain in impound beyond five (5) working days following refusal of delivery, the
animal control officer may dispose of the animal pursuant to Section 8.04.020D.
C. Sick, diseased or disabled animals, if untreatable, shall be euthanized and
disposed of in a humane, sanitary manner in accordance with applicable humane, health and
safety law. The animal control officer may use his or her discretion in determining whether an
animal is reasonably treatable, and may use the services of a veterinarian in making that
determination. Treatable animals may be retained for disposition pursuant to Section 8.04.020.
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D. After the period specified by state law has elapsed following impoundment, the
animal control officer may sell any unclaimed animal at private or public sale or auction, or
release the animal to parties designated by Agricultural Code Section 400 or any authorized
non-profit humane society or research institute in accordance with state law. Dogs shall be
vaccinated against rabies prior to any transfer under this section. Animals that cannot be
reasonably transferred under this section shall be euthanized in a humane manner.
E. Prior to sale or auction under Section 8.04.020D, the animal control officer
shall cause a notice to be posted and published containing the description of any large animal or
large bird, as defined in Section 8.04.015, in three public places and once in a newspaper of
general circulation in the jurisdiction of impoundment, together with the time, date and place of
site or auction. One of those public places shall be the City Clerk's office of the jurisdiction
where the animal is impounded. Posting and publication is not required for any unclaimed dog,
cat or small animals and birds. Posting and publication shall occur not less than 5 nor more
than 10 days prior to sale or auction. The owner may claim the animal prior to sale or auction
upon proof of ownership and reimbursement of all fees and costs incurred by the city for that
animal, including costs incurred of the intended sale or auction. The animal control officer
shall deliver a bill of sale to each successful bidder or purchaser, which shall thereby
conclusively vest title to the animal in that person. An unsold animal may be disposed of in any
other manner authorized by Section 8.04.020D. All proceeds from the reimbursement, sale or
auction shall be delivered to the city finance director.
8.04.030 Pound and cost recovery fees. A. Pound fees shall be as established in
the National City Fee Schedule.
B. Pound fees and cost recovery fees shall be assessed against any owner or person
responsible for the care, custody or control of an animal for the city's direct or contracted costs
of impoundment, capture, rescue, treatment, medication, food, disposal or euthanization;
provided, however, that the animal control officer or the city fmance officer may waive cost
recovery when it is not cost effective. The city fmance officer shall be responsible for the
collection of fees.
8.04.040 Presumption of responsibility of owner for violations or fees. Whenever
the presence, care, custody or control of an animal is found to be in violation of this Title 8, it
shall be rebuttably presumed that its owner is the person responsible for the violation or payment
of fees and costs upon proof of ownership being established. This presumption shall be nullified
upon proof of transfer or sale by the former owner prior to the dates of violation or
impoundment.
Section 3. That Chapter 8.08 is amended in its entirety to read:
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CHAPTER 8.08
LARGE ANIMALS AND LARGE BIRDS AT LARGE OR GRAZING
Sections:
8.08.010 Definitions
8.08.020 Large animals or birds at large —Prohibited
8.08.030 Grazing restrictions
8.08.040 Impoundment
8.08.010 Definitions. The terms "handler," "large animal," "large bird," "at
large" or "run at large" are as defined in Section 8.04.015.
8.08,020 Large animal or large bird at large —Prohibited. It is unlawful and a
misdemeanor for any owner or handler of any large animal or large bird to allow it to run at
large within the city limits.
8.08.030 Grazing restrictions. A. It is unlawful and a misdemeanor for any
owner or handler of any large animal or large bird to graze it, or allow it to be grazed, on any
property without the written consent of the owner or lessee of that property, or to allow it to
cross over or onto any public sidewalk, street or public property.
B. Any large animal or large bird lawfully grazed shall be furnished adequate water,
food and shelter against inclement weather by the owner or handler.
C. It is unlawful to graze a large animal or large bird upon any property of less than
20,000 square feet in area.
8.08.040 Impoundment The Animal Control Officer shall impound any large
animal or large bird whose custody, care or control is in violation of Sections 8.08.020 or
8.08.030. Impoundment and disposition shall be in accordance with Section 8.04.020.
Section 4. That Chapter 8.12 is amended in its entirety to read:
Sections:
CHAPTER 8.12
DOG LICENSES
8.12.010 License required
8.12.020 Term
8.12.030 License tag
8.12.040 Rabies vaccination required
8.12.050 Issuance
8.12.060 Replacement fee
8.12.070 Transfer of ownership —Fee
8.12.080 License fees
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8.12.010 License required. A. Except as provided in Section 8.12.O10B, it is
unlawful to own or maintain a dog over the age of four months within the city limits unless the
dog is licensed in accordance with this Chapter 8.12.
B. Any person owning or maintaining a dog over the age of four months shall be
exempted from licensing for a period not to exceed 30 continuous days from the dog's first
arrival in the city, provided satisfactory proof by way of written declaration under penalty of
perjury establishing the date of entry is presented to the Animal Control Officer by the owner
or person responsible for the dog.
C. A dog licensed in another jurisdiction that remains within the corporate limits of
the city for more than 30 days shall be licensed in accordance with this section. To encourage
registration, at the option of the owner a license shall be issued for the duration of any
unexpired portion of the previous license upon payment of the transfer fee specified in the
National City Fee Schedule, or a new or original license be issued upon payment of the
standard license fee. This option shall be available only during the first thirty (30) days
following arrival of the dog in the city.
8.12.020 Term. Dog licenses shall be valid for twelve months, twenty-four
months, or thirty-six months from the date of issuance, depending upon the amount of the
license fee paid. Dog licenses shall expire on December 31' of each year, with a renewal
period to extend through January 31' of the year next following the year of expiration of a
license.
8.12.030 License tag. A. A numbered receipt bearing a brief description of a
licensed dog and a correspondingly numbered metal license tag bearing the expiration date
shall be issued with each license granted. The numbered metal license tag shall be firmly
attached by the licensee to the collar or harness and shall be worn by the dog for which issued
at all times, except when the dog is securely confined on or within the property of the owner.
B. It is unlawful to attach, or permit to be attached, a license tag to the collar or
harness of, or otherwise cause or allow such tag to be worn or carried by, any dog other than
the dog for which such a tag was issued.
8.12.040 Rabies vaccination required. A. All dogs over the age of four months
must be vaccinated as a prerequisite to the issuance of a license.
B. Each license applicant shall provide the information required on the license
application form approved by the city manager, and shall furnish proof that the dog has been
vaccinated for rabies within such a recent period that the interval between the date of its
vaccination and the expiration date of the license requested shall not exceed by three months
the interval required for repeated vaccinations under Section 8.16.085, unless the owner or
person in possession of the dog submits a certificate from a licensed veterinarian issued within
the preceding fifteen days stating that the rabies vaccination would be likely to seriously injure
the dog; any dog so exempted from rabies vaccination shall be kept restricted to the enclosed
yard of its owner, except when confined within a motor vehicle.
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8.12.050 Issuance. Licenses shall be issued by the city finance director after
payment of all fees required by law, except that a license shall be issued without payment of
fee for any assistance dog or other dog exempted by state law from payment of license fees.
The Finance Director may also negotiate and contract with licensed veterinarians within the
city to issue licenses and collect and remit fees.
8.12.060 Replacement fee. Whenever a license tag has been lost or destroyed, a
new receipt and tag expiring on the same date as the original may be issued for the same dog
on the payment of the replacement fee established in the National City Fee Schedule.
8.12.070 Transfer of ownership —Fee. Whenever the ownership of a dog has
changed, the new owner may secure a transfer of license to him or her by endorsement on the
records of the City and after presentation to the city finance director of the original receipt,
endorsed by the original licensee as a transferor and the payment of the transfer fee established
in the National City Fee Schedule.
8.12.080 License fees. Assistance dogs shall be issued a license without payment
of fee. The license fee for all other dogs shall be as established in the National City Fee
Schedule; provided, however, that there shall be added a penalty established in the National
City Fee Schedule if application is made subsequent to the date on which the animal is required
to be licensed.
Section 5. That Chapter 8.16 (Dog Regulations) is amended in its entirety to read:
Sections:
CHAPTER 8.16
DOG REGULATIONS
8.16.005 Definitions
8.16.010 Care
8.16.020 Dogs at large or unlicensed
8.16.030 Trespassing
8.16.040 Harboring lost dogs
8.16.050 Barking dogs
8.16.055 Abatement of barking dogs
8.16.060 Dogs in food establishments —Prohibited
8.16.065 Assistance dog access
8.16.070 Potentially dangerous and vicious dogs —Regulations and
prohibitions.
8.16.080 Communicable diseases
8.16.090 Nonresidents —Exception
8.16.100 Yard fences required
8.16.110 Assistance dogs
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8.16.005 Definitions. The terms "handler," "leash," "run at large," and
"unleashed" are as defined in Section 8.04.015.
8.16.010 Care. It is unlawful for an owner or handler of a dog to fail to provide
that dog with adequate food, water and shelter. Female dogs in the oestrual period must be
confined or segregated in such a manner as to eliminate the congregating of male dogs in the
immediate vicinity of and prevent access to the female.
8.16.020 Dogs at large or unlicensed. A. It is unlawful for an owner or handler
of a dog to suffer, allow or permit such dog to run at large within the city limits. A dog is not
at large if confined within a motor vehicle.
B. It is unlawful for an owner or handler of any dog required by this title to be
licensed to suffer, allow or permit such dog to be within the city limits without the license tag
issued for that dog, or without a collar or harness around its neck to which is attached the
metal license tag issued pursuant to Section 8.12.030, except when the dog is securely
contained in a motor vehicle or upon the owner or handler's property.
C. It shall be rebuttably presumed that a person weighing less than the weight of
the dog being restrained lacks the physical capacity to restrain the dog, and thereby prevent it
from running at large.
8.16.030 Trespassing. A. It is unlawful for an owner or handler of a dog to
suffer, allow or permit such dog to enter or remain upon any public or private property within
the corporate limits without the consent of the City Manager or the owner of that property.
This prohibition applies whether the dog is on a leash or not.
B. It is unlawful for any person in the actual or apparent control of a dog to allow
that dog to defecate upon the streets, sidewalks, other public property or on another's private
property without thereafter immediately cleaning up and disposing of the deposited feces in a
trash receptacle or other suitable receptacle. If the offending dog is at large and no person
claims ownership or control, the dog shall be impounded.
C. It is unlawful for a handler of a dog to fail or refuse to immediately clean-up
and dispose of feces deposited by that dog upon any street, sidewalk or public or private
property upon notification to the handler by the owner or person in charge of the property
upon which the dog defecated.
8.16.040 Harboring lost dogs. It is unlawful to harbor or keep any lost or strayed
dog for a longer period than twenty-four hours without notification to the animal control
officer. Any person finding a dog which appears to be lost or strayed shall notify the animal
control officer within twenty-four (24) hours and surrender the dog to him or her upon
demand.
8.16.050 Barking dogs. A. It is unlawful for any person to keep, maintain or
permit upon any premises under his or her ownership or control within the city limits any dog
which, by excessive and continuous barking, howling and yelping, or any similar noise,
disturbs the peace and comfort of any resident of normal and reasonable sensitivity on
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neighboring property so as to interfere with their reasonable and comfortable enjoyment of life
or property. Any such interference also constitutes a public nuisance.
B. A police officer or animal control officer shall not be required to act upon an
anonymous complaint or upon any other barking dog complaint unless the complainant first
certifies under a written declaration executed under penalty of perjury that satisfies the scope
of Section 8.16.050D. The Police Chief may require the complainant to first make such
written declaration before investigating.
C. Unless the animal control officer or a police officer actually observes the dog
barking as specified in Section 8.16.050A, no criminal citation shall be issued by that officer
unless a complainant shall first make a written declaration and initiate a citizen arrest of the
responsible person, following which the police or animal control officer shall accept custody of
the responsible offender and then issue the citation or take the arrestee before a magistrate.
The officer may issue an administrative citation pursuant to Chapter 1.44 without prior
notification should the complainant decline to effect a citizen arrest but has made a written
declaration.
D. In order for a violation to be cognizable and be processed under either Section
8.16.050B or C, the following requirements are established:
1. That the complainant has made at least one reasonable and civil verbal or
written request to the owner or the person responsible for the custody and possession of the
dog to either stop the dog from barking, or to eliminate the cause for the dog's disturbances.
(This requirement may be waived for good cause where it may appear that there is a potential
and credible threat to the physical well-being of the complainant).
2. That the dog can be heard audibly from an adjoining public right of way
or at the exterior of any building on any immediately contiguous property adjacent to the
property on which the dog is kept.
3. That the dog: (a) was not acting in defense of its property against a
trespasst-r; and (b) was not being provoked by any person other than the owner of the property
upon which the dog was situated or the person responsible for the dog. A person who is
merely a lawful passerby on a public street or sidewalk shall not be considered a source of
provocation.
4. That the barking was of a duration and periodicity as to be disturbing to
a person of normal and reasonable sensitivity, or was disturbing to the residents of at least two
or more adjoining properties.
5. The identity of other witnesses or complainants.
E. At the time of a first complaint, the complainant shall be instructed to maintain a
log to establish the following:
1. Date and time of barking episodes.
2. Duration of barking.
3. Address of violation.
4. Any factors, or the non-existence of factors, which may have contributed
to the barking, howling or yelping.
F. It shall not be a defense to violation of Section 8.16.050A that there was no one
at the premises at the time the dog was barking if the dog was left outdoors.
G. A first violation of this section shall be an infraction, and any second and
subsequent violations shall be misdemeanors.
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8 16.055 Abatement of barking dogs. A. A dog that meets the criteria for a
barking dog established in Section 8.16.050A is a public nuisance and is subject to abatement
under the following terms and conditions:
1. The complainant must be a person other than the animal control officer
or a police officer.
2. The complainant must execute a written declaration under penalty of
perjury establishing facts that bring the dog within the scope of Section 8.16.050 and request
that proceedings to abate the barking dog be initiated. A fee of $100 shall be deposited with
the City to defray the city's reasonable costs of processing the abatement.
3. The City Manager or delegate shall serve written notice upon both the
complainant and the owner or handler of the dog, sent by both first class mail and certified
mail, setting a hearing at which the owner or handler may show cause why the dog should not
be abated as a public nuisance. The hearing shall be no sooner than five (5) days, nor more
than ten (10) days from the date of mailing. The hearing shall be informal and the rules of
evidence shall not apply.
4. If a hearing examiner appointed by the City Manager determines that the
dog is a public nuisance within the definition of Section 8.16.050A, the following shall be
ordered:
a. The owner shall keep the dog indoors, within the residence,
except for periods when the dog is supervised outdoors by a handler; and
b. The owner shall provide, attach and maintain an activated anti -
barking collar device to be worn by the dog at all times.
c. Alternatively, the owner may elect to construct and maintain a
sound proofed enclosure; or to surgically alter the dog's vocal cords to eliminate the intensity
of the bark, using a licensed veterinarian to perform the procedure; or to place the dog for
adoption with the animal control officer.
B. During such time as the owner complies with the terms of the abatement
conditions in Section 8.16.055A(4), no further criminal or administrative citations shall be
issued. If the above measures are ineffective, the owner shall be issued a second written notice
and be given a period not to exceed fifteen (15) days to correct the animal's behavior, after
which further administrative or criminal citations may then be issued upon the occurrence of a
subsequent act in violation of Section 8.16.050A.
C. In severe cases in which the dog's removal and impound is necessary, civil
injunctive relief by a complaint pursuant to Code of Civil Procedure Section 527.6 or
administrative abatement in accordance with Chapter 1.48 may be instituted. An inspection
warrant shall be first obtained where the property owner's consent to enter and impound the
dog is withheld.
D. Conviction for a violation of Section 8.16.050A shall be prima facie evidence
that the dog is a public nuisance, and is subject to abatement under this Section without further
proof of facts. The terms of abatement under Section 8.16.055A4 may be administratively
ordered in addition to any terms imposed by a court for the conviction.
8.16.060 Dogs in food establishments —Prohibited. It is unlawful for any owner
or handler of any dog other than an assistance dog to suffer, allow or permit it to enter any
restaurant, grocery store, milk depot, fruit or vegetable market, meat market or any other
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place of business in the city where food or foodstuffs of any character used for human
consumption is manufactured, sold, served or handled.
8.16.065 Assistance dog access. An assistance dog may accompany a disabled
person or trainer into any public establishment or place of public accommodation within the
city limits.
8.16.070 Potentially dangerous or vicious dogs —regulations and prohibitions.
A. This section supplements the definitions, procedures and penalties governing
dangerous and vicious dogs contained in Food and Agricultural Code, Sections 31601 through
31683, and Penal Code Section 399.5. The animal control officer is authorized to initiate
proceedings under those sections to declare a dog to be dangerous or vicious. The animal
control officer shall immediately impound any dog that, by its actions in biting or menacing a
human being or other animals, meets the definition of a dangerous or vicious dog.
B. It is unlawful and a misdemeanor for any person to maintain a dog within the
city limits after it has been adjudicated a dangerous or vicious dog pursuant to proceedings
conducted under Food and Agricultural Code Sections 31621 through 31626, or this section.
C. It is unlawful and a misdemeanor for any person who has owned a dog finally
adjudicated to be vicious to thereafter own, possess or maintain any other dog upon property
which he or she owns, leases or controls within the city limits for a period of three years from
the date of final adjudication. Any dog found in violation of this condition shall be impounded
and processed in accordance with Chapter 8.04.
D. Pursuant to the authority of Food and Agricultural Code Section 31621, as an
alternative abatement proceeding for a potentially dangerous or vicious dog, the animal control
officer may post a notice on the property from which the dog was impounded advising the
owner, or its handler when the owner cannot be arertained, that the dog will be declared a
vicious dog and be euthanized five (5) business days after its impound or as soon thereafter as
is practicable, unless the owner or handler, during the interim, requests an administrative
hearing to contest the determination. A duplicate copy of the notice shall be mailed to the
owner, or the handler if the owner cannot be ascertained, by certified mail and first class mail
with return address. The request for the hearing may be verbal or written, or both. The
animal control officer or the head of the department shall immediately cause a hearing to be
held following the procedures of Penal Code Section 597.1. Any city officer or official, other
than the animal control officer ordering the impound, may conduct the hearing. The hearing
shall be informal in nature and the formal rules of evidence shall not apply. The hearing shall
be limited to the question of whether the dog is potentially dangerous or vicious, and whether
or not the dog should be euthanized or some alternative method for its care and custody be
provided. The notice of decision shall be served personally on the owner, or by mail, certified
and first-class with return address; receipt of either shall constitute service of notice. Failure
to receive the notice shall not affect the validity of service or the proceedings. Failure to
request the hearing within the time allowed shall constitute a waiver of the right to contest the
determination or the euthanization of the dog. The owner or handler shall be liable for all
costs and fees pursuant to Section 8.04.030.
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r
E. The animal control officer shall order the euthanization of any dog determined
to be dangerous or vicious pursuant to this Section 8.16.070. Euthanization may occur
immediately only upon the waiver of the hearing; otherwise, it may occur only after five (5)
working days following the date of the service of the notice of decision under Section
8.16.070D and no appeal has been filed with the Superior Court. If an appeal is filed, the dog
shall remain in impound pending the decision on the appeal.
F. The City Attorney is further authorized to file a civil action to abate a
potentially dangerous or vicious dog, when appropriate.
8 16.080 Communicable diseases. A. It is unlawful for any person knowingly to
keep any dog afflicted with mange, ringworm, distemper or any other zoonotic, contagious or
parasitic disease within the city, unless such dog is under the control and treatment of a
licensed veterinarian.
B. It shall be the duty of the animal control officer to immediately take possession
of any dog not so controlled and treated, and, after confirmation of disease by a licensed
veterinarian, immediately dispose of the dog in accordance with Section 8.04.020 D unless the
owner immediately places such animal in isolation under the physical control and treatment of
a licensed veterinarian.
8.16.085 Unvaccinated dogs. A. It is unlawful and a misdemeanor to own,
possess or control any dog over the age of four months unless the dog has been vaccinated with
a current rabies vaccine approved by the California Department of Health Services. Proof of
current vaccination shall be demonstrated by a vaccination certificate issued by a licensed
veterinarian that identifies the dog, the type of vaccine, and the duration of the immunization
period.
B. The requirements of Section 8.16.085A shall not apply during any period when
a licensed veterinarian has certified that inoculation would seriously injure the dog. During the
interim, the dog shall be kept confined to and isolated on the property of the owner within a
securely enclosed yard, kennel or pen.
C. The animal control officer shall impound any dog that does not bear evidence of
current vaccination, or for which proof of vaccination cannot be produced, or for which
reasonable cause exists to believe that the dog is infected with rabies. Disposition or return of
the dog shall be in accordance with Section 8.04.020, except that a dog which has bitten a
human shall be impounded and kept under observation for fourteen (14) days at the expense of
the owner pending verification of the existence or non-existence of rabies.
8.16.090 Nonresidents —Exception. It shall be the duty of the animal control
officer to impound any dog not in compliance with this title which is found within the
corporate limits of the city or the streets immediately contiguous to those limits; provided,
however, that any dog which is owned and accompanied by any person living outside the city
shall not be impounded and there shall be no violation of this title if, upon demand of the
animal control officer or any police officer, such person shall immediately tie or restrain such
dog by a leash and remove it from the jurisdiction. However, if the owner or handler fails to
restrain the dog and remove it after the demand of the animal control officer or police officer,
the dog shall then be impounded.
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8.16.100 Yard fences required. It is unlawful to allow a dog to run loose in any
yard in the city unless the yard in which the dog is maintained is fully enclosed with fences
and/or enclosures of sufficient height, strength and method of construction to restrain and
contain the animal within the yard or enclosure and prevent the animal from escaping
therefrom. A fence may be considered insufficient to contain a dog unless if it is at least the
greater of four feet (4') in height or the height of the dog to be contained measured at its
shoulders plus twelve (12) inches.
8.16.110 Assistance dogs. In general, the regulations of this Title 8 as they may
relate to assistance dogs and assistance dogs in training, shall be interpreted and administered
in a way as to afford maximum compliance with the spirit and intent of the Americans With
Disabilities Act.
follows:
Section 6. That Chapter 8.20 (Rabies Control) is repealed.
Section 7. That Chapter 8.24 (Kennels) is amended in its entirety to read as
CHAPTER 8.24
KENNELS
Sections:
8.24.010 Kennel defined
8.24.020 Kennel permits
8.24.030 Environmental conditions
8.24.040 Inspections —Suspension and revocation of issued kennel permits
8.24.010
containing three or
Section 18.04.368.
Kennel defined. A kennel is any enclosure, including a fenced yard,
more dogs, each of which is more than four months of age. See also
8.24.020 Kennel permits. A. Applications to maintain a kennel shall be
processed as conditional use permits through the Planning Commission. Applications shall be
denied if impermissible with the zoning of the property, or, if the operation and maintenance of
a kennel at that location, with due consideration for noise, sanitation and drainage, would be
incompatible with, and inimical to, existing uses on contiguous parcels, contrary to public
health and welfare.
B. Once approved, the kennel permit may be renewed annually upon payment of
the annual licensing fee established in the National City Fee Schedule, provided the kennel is
maintained in accordance with Chapters 8.24 and 8.32.
8.24.030 Environmental conditions. Sanitation, food handling, construction and
veterinary health conditions of approved kennels shall comply with Chapter 8.32 and all
applicable provisions of state law.
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8.24.040 Inspection —Suspension and revocation of issued kennel permits. A. A
kennel permit is issued on the condition that the kennel is subject to unannounced inspections at
all times during normal business hours, and except in an emergency, upon 24 hours advance
notice at all other times. A refusal to allow an inspection or interference in the inspection
process constitutes grounds for the immediate suspension of the license and the impoundment
of all animals maintained at that site.
B. A kennel permit may be revoked for any violation of the Penal Code, the Food
and Agricultural Code and this Title 8 as it relates to the care and custody of animals. The
holder of the permit may appeal an order of suspension upon ten (10) days written notice to the
City Clerk for a hearing to show cause before the City Council why the permit should not be
permanently revoked. Alternatively, the City Manager may elect to appoint a hearing
examiner to determine the appeal in accordance with the procedures established in Chapter
1.48 for administrative abatement.
C. Decisions on the appeal shall constitute the exhaustion of administrative remedy
and be final as to the issue of revocation.
D. The cost of any impoundment of animals shall be at the expense of the owner or
permit holder and shall constitute a lien upon said animals. Only when the decision on appeal
is wholly in favor of the owner or permit holder, that is, that the order of suspension was
wholly unjustified, shall the costs of impoundment be waived or reimbursed to the owner or
permit holder.
Section 8. That Chapter 8.32 is amended in its entirety to read:
CHAPTER 8.32
KEEPING OF BIRDS AND ANIMALS
Sections:
8.32.005 Definitions
8.32.010 Prohibitions on keeping animals and birds
8.32.015 Restrictions on keeping certain animals, birds and reptiles
8.32.020 Conditions of keeping or maintaining permitted animals,
birds and reptiles
8.32.030 Communicable diseases
8.32.035 Violations —Nuisance
8.32.040 Transition provisions
8.32.005 Definitions. A. The following terms are as defined in Section 8.04.015:
"animal," "handler," "large animal," "large bird" and "rooster."
8.32,010 Prohibitions on keeping animals and birds. A. Except as provided in
Section 8.32.015, it is unlawful to keep, possess or maintain anywhere within the city limits
the following animals, birds and reptiles. Prohibited animals shall include, without limitation,
the following:
1. Any venomous snake, lizard or reptile;
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2. Any lizard or reptile, including a non -venomous snake, exceeding 6 feet in
length, or 25 pounds in weight;
3. Any ferret, skunk or polecat;
4. Any lion, tiger, leopard, cheetah, wildcat or other members of the feline family,
other than a "cat" as defined in Section 8.04.015, regardless of actual weight or age;
5. Any primate (monkey, chimpanzee, etc.) except a monkey which is trained as a
service animal and being used to assist a disabled person in dealing with their disability,
provided the monkey does not exceed 20 pounds in weight.
6. Any pig including a pot-bellied pig, exceeding 100 pounds in body weight, or
twenty-four inches (24") height at the shoulder;
7. Any wolf, fox, coyote or similar member of the canid or lupus family or any
canine hybrid;
8. Any rooster that has not been surgically de -crowed;
9. Any other large animal that is not a horse, burro, jackass, mule, cow, sheep or
goat, llama or alpaca;
10. Any animal or bird whose possession is restricted by federal or state law without
a permit.
B. The prohibitions on animals in Section 8.32.O10A shall not apply in the case of
a traveling circus or carnival which has obtained a temporary use permit pursuant to Chapter
15.60 to conduct exhibitions of a temporary nature and duration. Animals shall be securely
kept and maintained in accordance with applicable humane and sanitary laws. It shall be a
condition of any permit that the permit holder will be subject to unannounced inspections.
8.32.015 Restrictions on keeping certain animals. birds and reptiles. A. It is
unlawful to keep, possess or maintain any animal, bird or reptile, except as follows:
1. Only one pig not exceeding 100 pounds in weight or twenty-four inches
(24") in height at the shoulder may be kept on any tract or parcel of land of at least 20,000
square feet in area.
2. Only horses, cows, goats, sheep, burros, mules, jackasses, llamas, or
alpacas may be kept, possessed or maintained, either alone or in combination with each other,
not to exceed a total of five (5) combined, on a parcel of land with a minimum of at least a
20,000 square feet area.
3. Any combination of the following classes of animals, not to exceed a
total of thirty (30), with each class limited by a maximum of four (4) adult rabbits, five (5)
chinchillas, twenty (20) hamsters, twelve (12) chickens, four (4) turkeys, four (4) ducks, four
(4) geese, twenty (20) pigeons, or twenty (20) parakeets or similar small domestic ornamental
or song bird, may be kept on any property zoned for single family residential use.
4. Domesticated rats or domesticated mice, or any combination not to
exceed a total of twenty (20) may be kept in cages or similar enclosures on any property used
for residential purposes. The mice or rats may be kept in addition to any other animal or
combination allowed by this Section 8.32.015.
5. Any number of domesticated mice or domesticated rats, or combination,
may be kept at any laboratory or pet shop properly located in a zone allowing for such use,
provided the animals are kept under humane sanitary conditions in cages or enclosures which
are designed to prevent them from being at large.
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Animal Control
6. a. Roosters that have been surgically de -crowed may only be kept
on a parcel of land of at least a 20,000 square feet area. The total number of surgically de -
crowed roosters shall not exceed five (5), and may be maintained in combination with other
chickens on the same parcel, not to exceed the total allowed by Section 8.32.015A3.
b. Surgically de -crowed roosters may be kept in combination with
any other animal or combination of animals regulated and allowed by this Section 8.32.015
(A).
7. A maximum of three (3) dogs and three (3) cats may be kept on any
property used for single family residential dwelling.
8. A maximum of two (2) dogs or two (2) cats or a combination not to
exceed two (2) may be kept or maintained in any one dwelling unit located within a mobile
home park, multi -family dwelling or apartment or condominium complex, if allowed by the
regulations of the owner or condominium association.
9. Large birds not exceeding a total of two (2) may be kept on any parcel
pursuant to a permit issued by the Animal Control Officer.
10. In addition to any animals allowed by Section 8.32.015A, a resident of a
dwelling unit located in a mobile home park, multi -family apartment or dwelling or
condominium may keep a maximum of two (2) small ornamental birds or song birds, if
allowed by the regulations of the owner or condominium association.
11. No more than three (3) cats, each exceeding four (4) months of age,
shall be kept on any parcel of land within the city.
12. Only one reptile, lizard, or non -venomous snake not exceeding 6 feet in
length or 25 pounds in weight, may be kept on any property, either alone or in combination
with any other animal or combination allowed by this Section 8.32.015.
B. 1. Exemptions to the above limits may be allowed for education,
conservation, religious or preservation purposes upon issuance of an animal permit by the City
Council. No permit shall be issued unless it shall affirmatively appear that the increase in
numbers or combinations will not adversely affect the public health and safety or be
incompatible with uses on contiguous properties. Each permit issued is subject to revocation
or non -renewal, or both, for violations of this Title 8. An annual permit fee as established in
the National City Fee Schedule shall be paid at the time of application and each renewal.
2. Violations of issued permits shall result in the impoundment of any
animals, birds or reptiles in excess of the number or species allowed by Section 8.32.015A,
and the revocation of the permit. The permit holder may appeal the permit revocation to the
City Council by filing a written appeal with the City Clerk within ten (10) calendar days from
the date of revocation to show cause why the permit should not be permanently revoked.
Impounded animals shall be kept at the owner's expense during the appeal or pending decision,
following which disposition pursuant to Section 8.04.020 shall occur.
3. Violations are also subject to administrative or criminal actions, as
appropriate, notwithstanding the revocation of the permit.
C. The authority granted by Section 8.32.015A shall not apply on any property,
including a mobile home park, condominium association or apartment, where restrictions or
prohibitions on the keeping of animals, birds or reptiles exist, either by regulation, lease, or
zoning or restrictive covenants.
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8.32.020 Conditions of keeping or maintaining permitted animals. birds and
reptiles. It is unlawful for an owner or other person charged with the keep, care, possession or
maintenance of an animal, bird or reptile to fail to comply with the following regulations:
A. All dead birds, animals and reptiles, and all manure, feces, feathers, skins and
related detritus shall be removed and disposed of in a sanitary manner within 48 hours.
Pending disposal, the materials shall be stored in fly tight, air tight containers.
B. All stables, pens, coops, cages and other enclosures for animals, birds and
reptiles shall be cleaned at intervals not to exceed two (2) days between cleanings and at all
other times maintained in a clean, sanitary condition, free from offensive odors. An odor is
offensive if it can be detected at the adjoining property line.
C. All enclosures where animals, birds, reptiles are kept shall be painted at an
interval not to exceed twelve months.
D. The floors of every enclosure where birds are kept shall be kept smooth and
impermeable to water tight, and no accumulation of filth droppings or water shall be permitted.
E. Floors of runs or pens for animals shall be constructed of cement or non -porous
material impermeable to water. Pens shall be maintained in a clean, sanitary condition at all
times.
F. No large animals shall be kept or maintained within twenty-five (25) feet of any
dwelling used or intended for habitation by humans, including that of the owner.
G. All rabbits and, except as provided in Subsection (H), all birds shall be kept
within an enclosure that is at least twenty-five (25) feet distant from any dwelling used or
intended for human habitation. Enclosures shall be situated in the rear yard, and shall not
encroach into any side yard or rear yard set back required by Title 18 of this code.
H. Parakeets, canaries and similar small domestic ornamental birds or song birds
may be kept in a cage within a dwelling unit.
I. Chinchillas, hamsters, rats, mice, guinea pigs and similar rodents may be kept
in an enclosure in a basement, garage or in a building attached to a dwelling unit; otherwise
these animals shall be kept in a hutch or similar enclosure that is at least 25 feet from any other
dwelling used or intended for human habitation.
J. Except for cats, no animals shall be allowed to run at large. Notwithstanding, a
cat owner shall attempt to control the cat or cats so as to avoid the creation of a public
nuisance. Cats at large may be trapped using a non -lethal, humane trap and must be turned
over to an animal shelter [or the animal control officer] within twenty-four (24) hours. The
city shall not be responsible for trapping or transportation.
K. No feral pigeons shall be fed or maintained on any property in the city.
L. No rat or mouse that is being lawfully maintained pursuant to this Chapter 8.32
shall be released or allowed to run at large within the surrounding community.
M. It is unlawful to allow any animal or bird to make excessive and continuous
noise which disturbs the peace and comfort of any resident of normal and reasonable sensitivity
on neighboring property so as to interfere with his or her reasonable and comfortable
enjoyment of life or property. Interference by noise shall also constitute a public nuisance.
The procedures set forth in sections 8.16.050 and 8.16.055 shall be utilized in responding to
noise complaints and requests for abatement, in so far as applicable, under this section.
2000 Ordinance Page 17 of 19
Animal Control
8.32.030 Communicable diseases. It is unlawful to keep any animal in the city
affected with a zoonotic or communicable diseace, mange, ringworm or other parasitic
condition, unless the animal is kept isolated under the care and active treatment of a
veterinarian. Any animal found in violation of this section shall be impounded and disposed of
in accordance with Section 8.04.020, unless the owner shall immediately place the animal
under the physical control and treatment of a licensed veterinarian.
8.32. 035 Violations —Nuisance. The keeping of any animal, bird or reptile in
violation of this Chapter 8.32 is unlawful and a public nuisance, and is punishable as a
misdemeanor.
8.32.040 Transition provisions. A. No species of animal prohibited by Section
8.32.010 shall be kept or maintained following the date of adoption of that section; provided
however that no violation will be charged against any owner or handler who, during the first
60 days following adoption of Section 8.32.010, relinquishes custody of the species to the
animal control officer for placement with a zoological society, when possible, or destruction.
B. The provisions of Section 8.32.015A shall be effective and in full force and
effect upon the date of its adoption; provided however, that any person lawfully owning a
species regulated by Section 8.32.015 as of that date will be permitted to keep those species,
even if in excess of the numbers authorized, for a period not to exceed two (2) years following
the adoption of this ordinance or until the death of the animal, whichever shall occur first, and
further provided the owner or handler obtains a permit from the animal control officer which
lists by description, species and detail each animal, bird or reptile owned as of the date of
adoption of Section 8.32.015A. Application must be made within the first sixty (60) days
following the date of adoption of this ordinance, and the permit shall be renewed annually
thereafter upon payment of the fee authorized in the National City Fee Schedule. Upon the
death of an animal, bird or reptile listed in the permit, no replacement shall be allowed until
the number or species decreases so as to permit compliance with Section 8.32.015. Failure to
obtain the permit within those first 60 days shall render the owner fully subject to compliance
with, and enforcement under, Section 8.32.015A. After two (2) years has elapsed, the permit
will not be renewed, and the keeping of all animals, birds and reptiles in the city limits shall
thereafter conform to this Chapter 8.32 as to species of animal and number.
Section 9. That Chapter 8.36 is amended in its entirety to read:
CHAPTER 8.36
TRANSPORTATION OF ANIMALS IN VEHICLES
Sections:
8.36.010 Transportation of animals
8.36.020 Animals in unattended vehicles
8.36.010 Transportation of animals. No person shall transport or carry on any
public highway or public roadway any animal in a motor vehicle unless the animal is safely
2000 ordinance
Page 18 of 19 Animal control
r
within the vehicle or protected by a cab or container, secured cage, cross -tether, harness or
other device that will prevent the animal from falling from, being thrown from, or jumping
from, the motor vehicle. Animals transported in violation of this section shall be impounded
until the owner or handler can provide proper transportation. Transportation of dogs shall
comply with Vehicle Code Section 23117.
8.36.020 Animals in unattended vehicles. A. No person shall leave an animal in
any unattended vehicle without adequate ventilation and water, or in any other manner which
subjects the animal to extreme temperatures which adversely affect the animal's health or
welfare.
B. It shall be rebuttably presumed that an interior temperature exceeding 100°
Fahrenheit constitutes an extreme temperature which adversely affects the health or welfare of
the animal, or that ventilation is inadequate unless at least two windows of the vehicle are each
left open a minimum of one inch.
C. Notwithstanding Section 8.36.020 B, the prosecuting officer may utilize any
evidence or set of conditions which demonstrates a violation of Section 8.36.020 A, including
the fact that the animal's body temperature at the time of the violation exceeded the normal
body temperature established by veterinary medicine or science for the species.
PASSED and ADOPTED this 22nd day of February 2000.
ATTEST:
Michael R. D
City Clerk
APPROVED AS TO FORM:
3 g r
George H. tiser, III
City Attorney
_.eye /.L
George H. Waters, Mayor
2000 ordinance Page 19 of 19
Animal Control
Passed and adopted by the Council of the City of National City, California, on February 22,
2000, by the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
I3y:
Mayor of the City of National City, California
City Ierk of the Cit ' of National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
February 1, 2000, and on February 22, 2000.
I FURTI IER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
1 FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2000-2171 of the City Council of the City of National City, passed and
adopted by the Council of said City on February 22, 2000.
City Clerk of the City of National City, California
By:
Deputy