HomeMy WebLinkAboutCC ORD 2002 - 2196ORDINANCE NO. 2002 — 2196
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING TITLE 8 OF THE NATIONAL CITY
MUNICIPAL CODE RELATING TO ANIMALS BY
AMENDING CHAPTERS 8.04 (ANIMAL CONTROL
AND IMPOUNDMENT), 8.12 (DOG LICENSES),
8.16 (DOG REGULATIONS), 8.24 (KENNELS),
AND 8.32 (KEEPING OF BIRDS AND ANIMALS)
BE IT ORDAINED by the City Council of the City of National City that Title 8
of the National City Municipal Code is amended as follows:
Section 1. That Chapter 8.04 is amended by amending sections 8.04.010, 8.04.015,
8.04.020 and 8.04.030 to read as follows:
8.04.010 Administration and authority. A. The city manager, through the chief of
police, is authorized to maintain field services and maintain or contract for an animal shelter and
related animal control services, subject to city council approval. Within this chapter, the term
"animal control officer" shall also include personnel of a contracting agency, as the context may
require.
B. Persons designated animal control officers by the chief of police, and employees
of a contracting agency, are authorized to impound stray animals and any animal whose
possession, care or custody is in violation of state law or this title, and effect quarantines in
accordance with statutory quarantine procedures. Animal control officers and qualified
employees of a contracting agency shall exercise all powers and authority conferred by the penal
code, and investigate and enforce the provisions of state law and this code. Animal control
officers and qualified employees of a contracting agency are authorized to euthanize animals in a
humane manner when necessary for public health or safety or the well being of the animal in
accordance with state law. Animal control officers are authorized to carry firearms in the
discharge of their duties in accordance with state humane laws.
Notwithstanding the foregoing, animal control officers shall not seize or impound a dog
for violation of the restraint requirements of this code when the dog has not strayed from and is
upon private property owned by the dog owner or the person who has a right to control the dog,
or upon private property to which the dog owner or person who has a right to control the dog has
a right of possession.
(C through F — NO CHANGE).
8.04.015 Definitions. A. Within this Title 8, the following definitions
apply:
A. "Animal" means any non -human biped or any quadruped, reptile,
amphibian or bird. See also "large animal," "large bird," or a dog or cat.
B. "Assistance animal" means any animal trained for and used by a disabled
person to assist that person in dealing with his or her disability.
C. "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 his
or her disability. Assistance dogs are also described in Food and Agricultural Code Section
30851. It shall also include a dog being trained for such service.
D. "At large" or "run at large" means to be untethered or unleashed and not
confined to the limits of the owner's or handler's property or securely confined within or upon a
motor vehicle, 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, wildcat, 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 (cans familiaris) of either sex. It specifically
excludes a wolf (lupine), fox (canid), coyote (cans 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.
H. "Large animal" means any animal, other than a dog or cat that is expected
to attain a body weight at maturity that exceeds twenty-five 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 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. "Noise disturbance" and "noise sensitive zone" are as defined in
Sections 12.04.480 and 12.04.500 respectively.
L. "Not On a Leash". See "unleashed."
M. "Rooster" means a male chicken regardless of size.
N. "Run At Large". See "at large."
O. "Small animal" or "small bird" means any animal or bird that is not a large
animal or large bird.
P. "Stray" means an animal that is "at large".
Q. "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. Notification and all pre -seizure or post -seizure impound hearings shall be provided
in accordance with applicable provisions of Government Code Section 53074, Penal Code
Section 597.1, and subsection E of this Section.
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B. Unless irremediably suffering from a serious illness or severe injury or being a
newborn animal requiring maternal care that is impounded without its mother, animals shall be
held for the period specified by state law, unless sooner claimed and delivered to the owner after
satisfaction of redemption and licensing requirements and, when required by Penal Code Section
597.1, demonstration that the owner can and will provide the necessary care. An unlicensed
animal may be released from impound following the satisfaction of redemption requirements,
without licensing, provided the owner is issued a written notice to license the animal within
twenty-one (21) calendar days from the date of release, failure of which will subject the owner to
citation. If the animal continues to remain impounded beyond the legally required holding
period, the animal control officer or contracting agency may dispose of the animal pursuant to
subsection D of this section.
C. Animals that are irremediably suffering from a serious illness or severe injury or
newborn animals requiring maternal care that are impounded without their mother shall be
euthanized and disposed of in a humane, sanitary manner in accordance with applicable humane,
health and safety law. The animal control officer or contracting agency may use discretion in
determining whether an animal is within the definition of this section, and may use the services
of a veterinarian in making that determination. Adoptable and treatable animals may be retained
for disposition pursuant to this section.
D. After the period specified by state law has elapsed following impoundment, the
animal control officer or contracting agency may sell or transfer any unclaimed animal at private
or public sale or auction, or release the animal to an animal rescue or adoption organization in
accordance with state law. Dogs four months of age and older shall be vaccinated against rabies
prior to any transfer under this section, unless exempted from such vaccination requirement by a
California licensed veterinarian. Animals that cannot be reasonably transferred under this
section shall be euthanized in a humane manner.
E. Upon impoundment of an animal wearing a license tag, identification listing the
owner's name and address, or indicia from which ownership can be readily determined, the
animal control officer shall ensure a notice is promptly posted at the owner's address of record,
or mailed or personally delivered to the owner of record that the animal is in the custody of the
contracting agency.
The notice shall conform to the requirements of Government Code Section 53074 and
include a statement that the owner may within five (5) calendar days from the date of service
request a hearing as to the legality of the impoundment. Such request shall be in writing and
must be received by the animal control officer within the specified time period.
The time during which the animal shall not be disposed of other than by return to the
owner shall be extended until the conclusion of the hearing. If at the conclusion of the hearing
the impoundment is found to be unjustified, the animal shall be returned to the owner without
charge. If the animal is returned to the owner prior to the hearing, any fees other than
vaccination or licensing fees paid by the owner to the animal control officer or contracting
agency as a result of an unjustified impoundment shall be refunded to the owner.
8.04.030 Animal shelter and field cost recovery fees. A. Animal control officers
shall charge such fees for animals under their custody and control as are established in the
National City Fee Schedule for field operations. Impound fees and related custodial and
administrative charges shall be as provided for by the National City Fee Schedule, or the
applicable fee schedule of any public or private agency with which the City has contracted for
shelter services.
3 Animals — Title 8
B. Animal sheltering 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, the city finance officer, or the
contracting agency may waive cost recovery when it is not cost effective. The city finance
officer and the contracting agency shall be responsible for the collection of respective fees.
Section 2. That Chapter 8.12 is amended by amending Sections 8.12.010, 8.12.020
and 8.12.040 to read as follows:
8.12.010 License required. A. Except as provided in subsection B of this section, 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.
B. Any person owning or maintaining a dog over the age of four months validly
licensed in another jurisdiction shall be exempted from licensing for a period not to exceed thirty
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 upon demand by that
officer.
C. A dog validly licensed in another jurisdiction that remains within the corporate
limits of the city for more than thirty 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 transfer option shall be available only during the first thirty days following the
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 age of the dog and the amount
of the license fee paid, provided however that the license period shall not extend beyond the
remaining period of validity for the current rabies vaccination.
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 with vaccine approved for use in California by a licensed veterinarian,
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.
Certificates of exemption shall be renewed every sixty days if required by a licensed
veterinarian.
4 Animals — Title 8
Section 3. That Chapter 8.16 is amended by amending sections 8.16.020, 8.16.050,
8.16.070, 8.16.085, 8.16.100 and 8.16.110 to read as follows:
8.16.020 Dogs at large or unlicensed. A. It is unlawful for an owner or handler of
a dog to allow that dog to run at large within the city limits. A dog is not at large when confined
within a motor vehicle.
(B and C - NO CHANGE).
8.16.050 Barking dogs. A. It is unlawful for an owner, handler or custodian to
allow any dog to howl, bark or make other sounds characteristic of that species to create a noise
disturbance across a residential or commercial real property line or within a noise sensitive zone
between the hours of 10 PM and 7 AM daily for more than three (3) minutes, or at other times
for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within
any sixty (60) minute period. Any such noise disturbance also constitutes a public nuisance.
(B through G - NO CHANGE).
8.16.070 Potentially dangerous or vicious dogs --Regulations and prohibitions.
(A through C - NO CHANGE).
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 ascertained, that the dog will be declared a
vicious dog and be euthanized at the expiration of the legal holding period 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.
E. The animal control officer shall order the euthanization of any dog determined to
be dangerous or vicious pursuant to this section. Euthanization may occur immediately only
upon the waiver of the hearing; otherwise, it may occur only after the expiration of the legal
holding period following the date of the service of the notice of decision under subsection D of
this section 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.
5 Animals - Title 8
8.16.085 Unvaccinated dogs.
(A and B - NO CHANGE).
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
may be impounded and kept under observation for ten (10) calendar days at the expense of the
owner pending verification of the existence or nonexistence of rabies.
8.16.100 Yard fences required. A. 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 by fences of
sufficient height, strength, construction, and proper maintenance so as to restrain and contain the
animal within the yard or enclosure and prevent the animal from escaping therefrom. Subject to
the height limits prescribed in Chapter 18.50 of this code, a fence shall be considered insufficient
to contain a dog unless the height of the fence is at the least the greater of four feet in height or
the height of the dog to be contained measured at its shoulders plus twelve inches.
B. An animal control officer is authorized to impound any dog previously observed
running at large that had returned to its owner or handler's property while the officer was in
pursuit or when the officer had observed or received credible information that the dog's behavior
constituted a public nuisance or a clear and present danger to human or animal safety, and the
dog cannot be kept safely secured within the yard, a house or an enclosure or pen on that
property, or the owner or custodian refuses to properly secure the dog on the property.
C. Violations of section 8.16.100(A) shall be assessed a minimum fine of one
hundred dollars ($100), if the violation is not corrected within ten (10) calendar days from the
date of citation.
8.16.110 Assistance and sentry dogs. A. In general, the regulations of this title 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.
B. The provisions of Government Code section 121875, et seq. pertaining to the
registration of "sentry dogs", as that term is defined in Government Code section 121880, shall
be administered by the Chief of Police or designated animal control officer, and all required
permits shall be issued and fees paid in accordance with the National City Fee Schedule.
Owners of businesses qualifying as sentry dog businesses shall also obtain any other permits and
licenses as may be required by state law or the Municipal Code.
Section 4. That Chapter 8.24 is amended by amending Sections 8.24.010 and
8.24.020 to read as follows:
8.24.010 Kennel defined. A kennel is as defined in Section 18.04.368.
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
6 Animals - Title 8
with, or inimical to, existing uses on contiguous parcels, and 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.
Section 5. That Chapter 8.32 is amended by amending Sections 8.32.015 and
8.32.020 to read as follows:
8.32.015 Restrictions on keeping certain other 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 one hundred pounds in weight or twenty-four
inches in height at the shoulder may be kept on any tract or parcel of land of at least twenty
thousand 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 combined, on a parcel of land with a minimum of at least a twenty
thousand square feet area.
3. Any combination of the following classes of animals, not to exceed a total
of thirty, with each class limited by a maximum of four adult rabbits, five chinchillas, twenty
hamsters, twelve chickens, four turkeys, four ducks, four geese, twenty pigeons, or twenty
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 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.
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.
6. a. Roosters that have been surgically de -crowed may only be kept on
a parcel of land of at least a twenty thousand square feet area. The total number of surgically de -
crowed roosters shall not exceed five, and may be maintained in combination with other
chickens on the same parcel, not to exceed the total allowed by subsection (A)(3) of this section.
b. Surgically de -crowed roosters may be kept in combination with
any other animal or combination of animals regulated and allowed by this subsection.
7. Except as provided in chapter 8.24, a maximum of three dogs and three
cats over the age of four months may be kept on any property used for single-family residential
dwelling.
8. A maximum of two dogs or two cats over the age of four months or a
combination not to exceed two may be kept or maintained in any one dwelling unit located
within a mobile home park, multifamily dwelling or apartment or condominium complex, if
allowed by the regulations of the owner or condominium association.
7 Animals — Title 8
9. Large birds not exceeding a total of two may be kept on any parcel
pursuant to a permit issued by the animal control officer.
10. In addition to any animals allowed by subsection A of this section, a
resident of a dwelling unit located in a mobile home park, multifamily apartment or dwelling or
condominium may keep a maximum of two small ornamental birds or song birds, if allowed by
the regulations of the owner or condominium association.
11. No more than three cats, each exceeding four months of age, shall be kept
on any parcel of land within the city.
12. Only one reptile, lizard, or nonvenomous snake not exceeding six feet in
length or twenty-five pounds in weight, may be kept on any property, either alone or in
combination with any other animal or combination allowed by this section.
(B and C - NO CHANGE).
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 and L - NO CHANGE).
M. No animal or bird shall be allowed to howl, bellow, squawk, or make a sound
characteristic of that species which creates a noise disturbance across a residential or commercial
real property line or within a noise sensitive zone between the hours of 10 p.m. and 7 a.m. daily
for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or
for more than a total of fifteen (15) minutes within any sixty (60) minute period. This provision
shall not apply to public zoos. 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.
PASSED and ADOPTED this 2ND day of APRIL 2002.
ATTEST:
George H. aters, Mayor
APPROVED AS TO FORM:
Mic u . el R. Dall . George H. Eiser, III
City Clerk City Attorney
8 Animals — Title 8
Passed and adopted by the Council of the City of National City, California, on April 2, 2002, by
the following vote, to -wit:
Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate. Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: GEORGE H. WATERS
Mayor of the City of National City, California
!i
City Clerk of the City atonal City, California
By:
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
March 12, 2002, and on April 2, 2002.
I FURTHER 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.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2002-2196 of the City Council of the City of National City, passed and
adopted by the Council of said City on April 2, 2002.
City Clerk of the City of National City, California
By:
Deputy