Chapter 6.05
ANIMALS
Sections:
6.05.010 Adoption of county of Riverside ordinance by reference.
6.05.030 Animal control ordinance amended – Deletions.
6.05.040 Animal control ordinance amended – Deletions.
6.05.050 Animal control ordinance amended – Deletions.
6.05.060 Animal control ordinance amended – Amendments.
6.05.070 Animal control ordinance amended – Amendments.
6.05.080 Animal control ordinance amended – Additions.
6.05.090 Animal control ordinance amended – Additions.
6.05.100 Animal control ordinance amended – Additions.
6.05.110 Animal control ordinance amended – Additions.
6.05.120 Animal control ordinance amended – Additions.
6.05.130 Animal control ordinance amended – Additions.
6.05.140 Animal control ordinance amended – Additions.
6.05.150 Animal control ordinance amended – Additions.
6.05.010 Adoption of county of Riverside ordinance by reference.
Title 6, Animals, of the Riverside County Code, as amended and in effect on May 15, 2023, is hereby adopted by reference as the “Animal Control Ordinance” of the city of Calimesa subject to certain amendments and deletions as hereinafter provided.
A copy of Title 6, Animals, of the Riverside County Code, in effect on May 15, 2023, has been deposited in the office of the city clerk and shall at all times be maintained by the city clerk for use and examination by the public. [Ord. 390 § 3, 2023.]
6.05.020 Definitions.
Notwithstanding the provisions of CMC 6.05.010, the following words and phrases used in the animal control ordinance are defined as follows:
A. “County of Riverside” shall mean the city of Calimesa, except where the county of Riverside is the correct notation due to circumstances.
B. “County Ordinance No. 348” shall mean and refer to CMC Title 18 (Zoning, Land Use and Development Regulations) (“Calimesa Zoning Code”).
C. “Department” shall mean the county of Riverside department of animal services.
D. “Riverside County planning department” shall mean the community development department of the city of Calimesa.
E. “Unincorporated area” or “unincorporated area of the county of Riverside” shall mean the area of the city of Calimesa in its true geographical location. [Ord. 390 § 3, 2023.]
6.05.030 Animal control ordinance amended – Deletions.
Notwithstanding the provisions of CMC 6.05.010, Chapter 6.05 (Crowing Roosters) is hereby deleted in its entirety. [Ord. 390 § 3, 2023.]
6.05.040 Animal control ordinance amended – Deletions.
Notwithstanding the provisions of CMC 6.05.010, Chapter 6.06 (Mandatory Altering and Licensing of Miniature Pigs) is hereby deleted in its entirety. [Ord. 390 § 3, 2023.]
6.05.050 Animal control ordinance amended – Deletions.
Notwithstanding the provisions of CMC 6.05.010, the following definitions set forth in Section 6.08.010 are hereby deleted from the animal control ordinance: Class II Kennel, Class III Kennel and Class IV Kennel. [Ord. 390 § 3, 2023.]
6.05.060 Animal control ordinance amended – Amendments.
Notwithstanding the provisions of CMC 6.05.010, the definitions of “Cattery” and “Class I Kennel” set forth in Paragraphs F and G of Section 6.08.010 (Definitions) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) are hereby amended to read as follows:
F. “Cattery.” Any lot, building, structure, or premises upon or in which four or more cats over four months of age are kept for sale or breeding purposes or are boarded or trained for hire, or where four or more weaned cats are kept, maintained, or permitted for any reason or purpose, whether commercial, noncommercial, or otherwise.
G. “Kennel.” Any lot, building, structure, or premises upon or in which four or more dogs over four months of age are kept for sale or breeding purposes or are boarded or trained for hire, or where four or more weaned dogs are kept, maintained, or permitted for any reason or purpose, whether commercial, noncommercial, or otherwise.
[Ord. 390 § 3, 2023.]
6.05.070 Animal control ordinance amended – Amendments.
Notwithstanding the provisions of CMC 6.05.010, Paragraphs A, B and C of Section 6.08.050 (Mandatory licensing of kennels and catteries) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) are hereby amended to read as follows:
A. Any person maintaining four or more dogs, four months of age or older, shall obtain the appropriate kennel license as required by the Department. Any person maintaining four or more cats, four months of age or older, shall obtain a cattery license from the Department.
B. No person shall operate or maintain or be provided a permit from the Department for a kennel or cattery, as defined in section 6.08.010 of this chapter, without first obtaining a valid conditional use permit from the City of Calimesa Community Development Department pursuant to the applicable provisions of the Zoning Code of the City of Calimesa set forth in Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code (“Calimesa Zoning Code”). If the Calimesa Zoning Code prohibits such facilities in a specific zone or the Calimesa Zoning Code is silent on whether such facilities may be maintained, the use is not permitted and no license under 6.08.050 may be issued by the Department.
C. Application for a kennel or cattery license shall be filed with the director on a form prescribed by him/her not later than ten (10) days after obtaining a valid conditional use permit from the City of Calimesa. Said application form, when completed, shall contain such information as may reasonably be required by the director for the purposes of enforcement of this chapter, including but not limited to:
1. The verification in the form of a conditional use permit issued by the City of Calimesa that the operation of the kennel or cattery is in compliance with Calimesa Zoning Code;
2. The current home telephone number of the caretaker of the subject kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent for the subject kennel or cattery;
3. Where a kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel or cattery may be maintained and operated on such premises shall be submitted to the director at the time the application for the kennel or cattery license is submitted.
The applicant shall pay the kennel fee that is commensurate with the number of dogs described in the Department’s license fee schedule in Section 6.08.240. A kennel with four dogs shall pay the Class I license fee.
[Ord. 390 § 3, 2023.]
6.05.080 Animal control ordinance amended – Additions.
Notwithstanding the provisions of CMC 6.05.010, a new Section 6.04.160 is hereby added to Chapter 6.04 (Animals Generally) of Title 6 (Animals) to read as follows:
6.04.160. Animal Keeping Requirements.
Any property where animals are kept shall comply with all the applicable requirements of this Title 6 and Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code as it relates to the keeping of animals.
[Ord. 390 § 3, 2023.]
6.05.090 Animal control ordinance amended – Additions.
Notwithstanding the provisions of CMC 6.05.010, the following Paragraph E is hereby added to Section 6.08.120 (Altered and unaltered animals) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:
E. Penalties. Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below:
1. An administrative citation, infraction, or other such authorized penalty may be issued to an owner or custodian of an unaltered dog or cat for a violation of this section only when the owner or custodian is concurrently cited for another violation under state or local law pertaining to the obligations of a person owning or possessing a dog or cat. Examples of such state law or local ordinance violations include, but are not limited to, the following: failure to possess a current canine rabies vaccination of the subject dog; dog or cat at large; failure to license a dog; leash law violations; kennel or cattery permit violations; tethering violations; unhealthy or unsanitary conditions; failure to provide adequate care for the subject dog or cat in violation of the Penal Code; rabies quarantine violations for the subject dog; operating a business without a license and/or lack of State Tax ID Number; fighting dog activity in violation of Penal Code Section 597.5; animals left unattended in motor vehicles; potentially dangerous, dangerous or vicious animals; and noisy animals.
2. Should the owner or custodian of an unaltered dog or cat be found in violation of a state or local law, as stated above, in subsection 1., the owner or custodian shall be required to spay or neuter the unaltered animal in accordance with this section.
[Ord. 390 § 3, 2023.]
6.05.100 Animal control ordinance amended – Additions.
Notwithstanding the provisions of CMC 6.05.010, the following Paragraph H is hereby added to Section 6.08.125 (Altered and unaltered animals) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:
H. Violations and penalties. Any person violating any provision of this section shall be deemed guilty of an infraction or misdemeanor and subject to the same criminal, civil and administrative fines, penalties and costs, including all rights to appeal, as enumerated Riverside County Ordinance (“RCO”) No. 630, including any amendments to RCO No. 630 that may occur from time to time.
[Ord. 390 § 3, 2023.]
6.05.110 Animal control ordinance amended – Additions.
Notwithstanding the provisions of CMC 6.05.010, Section 6.08.200 is hereby added to Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:
6.08.200 – Violations.
In addition to the remedies and penalties contained in this chapter, any person violating any provision of the Animal Control Ordinance shall be guilty of an infraction, unless otherwise stated in such county animal control ordinances, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00) for the first violation; a fine not to exceed two hundred dollars ($200.00) for the second violation within one year; or a fine not to exceed five hundred dollars ($500.00) for each additional violation within one year. Each day a violation is committed or permitted to continue shall constitute a separate offense.
A. Persons receiving a citation for any infraction resulting from a violation of this chapter, may choose to clear the citation within ten (10) business days, thereby avoiding a visit to court and a potentially higher court fine, by demonstrating their compliance to the director through their written, signed agreement and paying an administrative fee in an amount as set forth in Section 6.08.240 of this chapter.
B. Persons who violate a home quarantine, fail to produce an animal for quarantine upon demand, or in any other way interfere with rabies investigation, shall be guilty of a misdemeanor, pursuant to Section 121710 of the California Health and Safety Code and Section 9701 of the California Food and Agriculture Code, which is punishable by imprisonment in the county jail for a period not to exceed one year, or by a fine of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00) per day of violation, or both fine and imprisonment.
[Ord. 390 § 3, 2023.]
6.05.120 Animal control ordinance amended – Additions.
Notwithstanding the provisions of CMC 6.05.010, Section 6.08.220 is hereby added to Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:
6.08.220 – Administrative citations and penalties.
In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code Section 53069.4, an administrative citation may be issued for any violation of county animal control ordinances. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.
A. Notice of violation. If an animal is owned, kept, maintained, or found to be in violation of a county animal control ordinance, an administrative citation may be issued by the animal control officer. An administrative citation will not be issued for violation of Section 6.08.050 (mandatory licensing of kennels and catteries) prior to written notice of violation being issued.
B. Content of citation. The administrative citation shall be issued on a form approved by county counsel and shall contain the following information:
1. Date, location and approximate time that the violation was observed;
2. The ordinance violated and a brief description of the violation;
3. The amount of the administrative penalty imposed for the violation;
4. Instructions for payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty within the required time period;
5. Instructions on how to appeal the citation;
6. The signature of the animal control officer.
The failure of the citation to set forth all required contents shall not affect the validity of the proceedings.
C. Service of Citation.
1. Service of an administrative citation may be made upon the responsible party either by personal delivery or by first class mail, postage prepaid, return receipt requested, and shall be deemed completed when it is personally delivered to the responsible party, or, if mailing is used, five days after deposit in the mail for mailing to an address within California or ten days after deposit for mailing to an address outside California. If the copy of the administrative citation sent by certified mail to a responsible party is returned by the United States Postal Service with the mail receipt unsigned, or marked “unclaimed” and/or “refused,” then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service.
2. In lieu of personally serving the responsible party by personal delivery or first class mail, postage prepaid, service of the administrative citation, and any amended or supplemental citation, may be made by substituted service using the methods described in Sections 415.20 through 415.95 of the California Code of Civil Procedure.
3. The failure of a copy of the administrative citation being received by the responsible party shall not affect the validity of the proceedings.
D. Administrative penalties.
1. The penalties assessed for each violation of a county animal control ordinance shall not exceed the following amounts:
i. One hundred dollars ($100.00) for a first violation;
ii. Two hundred dollars ($200.00) for a second violation of the same administrative abatement order within one year;
iii. Five hundred dollars ($500.00) for each additional violation of the administrative abatement order within one year.
2. If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of penalty shall increase at the rate specified above.
3. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.
4. The penalties assessed shall be payable to the County of Riverside Department of Animal Services.
5. Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.
E. Administrative appeal of administrative citation.
1. Notice of appeal. The recipient of an administrative citation may appeal the citation by filing a written notice of appeal with the department. The written notice of appeal must be filed within twenty (20) days of the service of the administrative citation set forth in subsection C. above. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The notice of appeal shall be submitted on county forms and shall contain the following information:
i. A brief statement setting forth the appellant’s interest in the proceedings;
ii. A brief statement of the material facts which the appellant claims supports his contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted;
iii. An address at which the appellant agrees notice of any additional proceeding or an order relating to the administrative penalty may be received by mail;
iv. The notice of appeal must be signed by the appellant;
v. A check or money order is required, as a deposit, for the total penalty amount shown on the front side of the citation, before the Administrative Appeal will be scheduled;
vi. Indigence must be proved to have the deposit waved.
2. Administrative hearing. Upon a timely written request by the recipient of an administrative citation, an administrative hearing shall be held as follows:
i. Notice of hearing. Notice of the administrative hearing regarding the administrative citation shall be given at least ten (10) days before the hearing to the person requesting the hearing.
ii. The administrative hearing regarding the administrative citation shall be held before the animal services director, or his designee. The hearing officer shall not be the investigating animal control officer who issued the administrative citation or his immediate supervisor. The director may contract with a qualified provider to conduct the administrative hearings or to process administrative citations.
iii. Conduct of the hearing. The investigating animal control officer who issued the administrative citation shall not be required to participate in the administrative hearing regarding the citation. The contents of the investigating animal control officer’s file shall be admitted as prima facie evidence of the facts stated therein. The hearing officer shall not be limited by the technical rules of evidence. If the person requesting the appeal of the administrative citation fails to appear at the administrative hearing, the hearing officer shall make his determination based on the information contained in the notice of appeal.
iv. Hearing officer’s decision. The hearing officer’s decision regarding the administrative citation following the administrative hearing may be personally delivered to the person requesting the hearing or sent by mail. The hearing officer may allow payment of the administrative penalty in installments, if the person provides evidence satisfactory to the hearing officer of an inability to pay the penalty in full at one time. The hearing officer’s decision shall contain instruction for obtaining review of the decision by the superior court.
F. Review of administrative hearing officer’s decision. If the recipient of an administrative citation disagrees with the administrative hearing officer’s decision upholding the issuance of the administrative citation and/or administrative penalty amount assessed, the recipient may appeal the issuance of the administrative citation to the superior court as set forth in this section.
1. Notice of appeal. Within twenty (20) days of the delivery and mailing of the hearing officer’s decision regarding the administrative citation, the recipient of the administrative citation may contest that decision by filing an appeal to be heard by the superior court. The appeal fee for filing the notice of appeal shall be in an amount as set forth in section 6.08.240 of this chapter. The failure to file the written appeal and to pay the filing fees within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon the department of animal services by the contestant.
2. Conduct of hearing. The conduct of the appeal hearing is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. The appeal shall be heard de novo, except that the contents of the issuing agency’s file in the case shall be received into evidence. A copy of the issued administrative citation providing notice of the violation and imposition of the administrative penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the issuing agency’s file on the case be forwarded to the court, to be received within fifteen (15) days of the request.
3. Judgment. The court shall retain the appeal fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the department of animal services. Any deposit of the fine or penalty shall be refunded to the department of animal services in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the issuing agency may proceed to collect the penalty pursuant to the procedures set forth in this chapter, or in any other manner provided by law.
[Ord. 390 § 3, 2023.]
6.05.130 Animal control ordinance amended – Additions.
Notwithstanding the provisions of CMC 6.05.010, Section 6.12.120 is hereby added to Chapter 6.12 (Abandoned, Neglected and Cruelly Treated Animals) of Title 6 (Animals) to read as follows:
6.12.120 – Violation—Penalty.
Every owner, driver or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square or lot within the City of Calimesa, without proper care or attention shall be guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense of each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. Any individual convicted of a violation of this chapter shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation.
[Ord. 390 § 3, 2023.]
6.05.140 Animal control ordinance amended – Additions.
Notwithstanding the provisions of CMC 6.05.010, Section 6.20.150 is hereby added to Chapter 6.20 (Noisy Animals) of Title 6 (Animals) to read as follows:
6.20.150 – Administrative citations and penalties.
In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code section 53069.4, an administrative citation may be issued for failure to comply with an administrative abatement order of the administrative hearing officer. The procedures set forth in Section 6.08.220 shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.
[Ord. 390 § 3, 2023.]
6.05.150 Animal control ordinance amended – Additions.
Notwithstanding the provisions of CMC 6.05.010, Section 6.24.090 is hereby added to Chapter 6.24 (Burros) of Title 6 (Animals) to read as follows:
6.24.090 – Violation.
A. An administrative citation, infraction, or other such authorized penalty may be issued to any person in violation of this chapter.
B. An infraction is punishable by;
1. A fine not to exceed one hundred dollars ($100.00) for the first violation;
2. A fine not to exceed two hundred dollars ($200.00) for the second violation within one year;
3. A fine not to exceed five hundred dollars ($500.00) for each additional violation within one year.
C. The administrative penalties assessed for each violation of a county animal control ordinance shall not exceed the following amounts.
1. One hundred dollars ($100.00) for a first violation;
2. Two hundred dollars ($200.00) for a second violation of the same administrative abatement order within one year;
3. Five hundred dollars ($500.00) for each additional violation of the administrative abatement order within one year.
D. Each such person shall be guilty of a separate offense for each and every incident in which any violation of any provision of the chapter of the county is committed, continued or permitted by any such person, and such person shall be punishable accordingly.
E. Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.
F. The penalties assessed shall be payable to the county department of animal services.
G. A citation is to issue and be processed in compliance with Section 6.08.220.
[Ord. 390 § 3, 2023.]