Chapter 6.44
NUISANCE ANIMALS
Sections:
6.44.010 Nuisance animals defined.
6.44.020 Running at large prohibited.
6.44.030 Abandoning animals prohibited.
6.44.040 Consent required for animal on another’s premises.
6.44.050 Confinement required for female dogs in heat.
6.44.060 Prohibition against wild animals as pets or displays, exceptions.
6.44.070 Nuisance animal warning notice.
6.44.080 Declaration of complaint of nuisance animal and petition for administrative hearing.
6.44.090 Administrative hearing for nuisance animal.
6.44.100 Determination and order.
6.44.110 Administrative abatement measures.
6.44.120 Failure to comply with administrative order.
6.44.010 Nuisance animals defined.
A. For the purposes of this chapter, the term “nonfeline” shall refer to all nonhuman animals, excepting domesticated household cats, as the term “household cats” is reasonably defined.
B. Excessive, unrelenting or habitual noise of any animal is disruptive of the public’s peace and tranquility and represents a nuisance to residents of the city, as do unconfined animals. It is declared to be in the public interest to promote the health and welfare of the residents of the city by providing for an administrative proceeding for the abatement of such nuisances, in addition to all other proceedings authorized by this code or otherwise by law.
C. Animal owners shall exercise proper care and control of their animals to prevent them from becoming a public nuisance at all times. The following behavior shall be designated as a public nuisance:
1. Failing to confine any nonfeline animal exclusively on owner’s property, except when such an animal is properly restrained.
2. Any time an animal excessively or continuously makes audible noise for at least ten minutes, or intermittently for at least thirty minutes within a three-hour period.
3. Any time an animal molests or annoys pedestrians near owner’s property by chasing, barking and/or attacking such pedestrians.
4. Any animal that habitually chases vehicles.
5. Any animal that trespasses on and causes damage to private property. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.44.020 Running at large prohibited.
A. No person shall allow or permit any nonfeline animal to run at large, or be pastured, herded, staked, or tied in or on any public alley, street, sidewalk, vacant lot, school grounds, or other public place belonging to or under the control of the city or in such a way as to trespass in any manner upon any of the foresaid public places.
B. All dogs shall be kept under restraint unless they are properly confined on their owner’s or another responsible party’s property. Unrestrained dogs will be deemed to be running at large. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.44.030 Abandoning animals prohibited.
It is unlawful for any person to abandon any animal within the city. In addition to the remedies set forth in this chapter, any person violating this section shall bear full costs and expenses incurred by the city in the care of the abandoned animal and shall reimburse to the city all the costs as determined by the city. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.44.040 Consent required for animal on another’s premises.
No animal owner or person responsible for a nonfeline animal shall cause, permit, or allow the animal to trespass upon any private property without the consent of the owner thereof. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.44.050 Confinement required for female dogs in heat.
Every female dog in heat shall be confined in a building or secure enclosure that prohibits her from coming into contact with another animal, except for planned breeding. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.44.060 Prohibition against wild animals as pets or displays, exceptions.
No persons shall keep or permit to be kept on their premises any wild, exotic, or vicious animal as pets, for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed so as to apply to a zoological garden, commercial animal establishment, theatrical exhibit or circus as defined in Chapter 6.20, except that no theatrical exhibit or act shall be held in which animals are encouraged to perform through the use of chemical, electrical or mechanical devices. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.44.070 Nuisance animal warning notice.
A. When an animal control officer or peace officer learns of an animal which may constitute a nuisance, and has personally confirmed the existence of a potential nuisance, then the officer shall issue a nuisance animal warning notice to the owner or responsible party. Such notice shall describe the nuisance, with specific reference to Chapter 6.44. The notice must also state that the animal nuisance must be abated forthwith to avoid further action. A copy of this notice shall be served upon the owner, the responsible party or, if such service cannot be safely made, posted at the premises upon which the animal is located. The original of the nuisance animal warning notice shall be filed with the city manager’s office.
B. Within five days of issuance of a nuisance animal warning notice, the citing officer shall make a reasonable attempt to speak personally or by telephone with the owner or responsible party to determine what efforts, if any, have been made to abate the nuisance.
C. If within five days of the issuance of the nuisance animal warning notice the citing officer determines that nuisance was provoked, or that the subject barking or howling or other sound or cry was not excessive, unrelenting or habitual, the officer shall cause the nuisance animal warning notice to be voided and the person to whom it was issued to be so notified. In the event a nuisance animal warning notice has been voided, such warning notice shall not be considered as having been issued for the purposes of Section 6.44.080. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.44.080 Declaration of complaint of nuisance animal and petition for administrative hearing.
A. When the City receives a subsequent verbal or written complaint concerning a nuisance animal at the same location within twelve months after the issuance of a nuisance animal warning notice, an officer shall issue a second citation. After the second citation is issued, the subsequent citing officer shall determine if the animal owner complied with the first warning notice. If officer determines that the owner or owners of the subject animal did not comply with the first warning notice, a declaration of complaint of nuisance animal and petition for administrative hearing may be issued by the subsequent citing officer to person making the complaint.
B. The declaration of complaint and petition for administrative hearing shall be completed under penalty of perjury by the complaining party or by an animal control officer who has personally confirmed the continued existence of a potential nuisance. The declaration must be completed and returned to the city manager’s office within ten days after issuance of the second nuisance animal warning notice.
C. The city manager, upon receipt of a timely executed declaration of complaint and petition for administrative hearing, shall appoint a hearing officer to preside over the administrative hearing.
D. Once appointed, the hearing officer shall promptly set a hearing date. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.44.090 Administrative hearing for nuisance animal.
A. The hearing shall be initially set between ten and thirty days from the date the declaration was received by the responsible party. The hearing officer shall notify the complaining party and responsible party of the date, time, and place for the hearing. The notice of hearing shall advise all parties that they may present evidence at the hearing through witnesses and documents. The notice of hearing shall be accompanied by a copy of the declaration of complaint and petition for administrative hearing form. The notice shall be personally served on all parties and witnesses. If the notice cannot be safely served by personal service, then it may be posted upon the premises where the animal is kept and sent by first-class mail. The complaining party shall be informed that further action may not be warranted if the animal is controlled.
B. The hearing shall be open to the public. The parties may be represented by licensed attorneys. The hearing officer shall hear all pertinent evidence offered by all interested persons. The technical rules of evidence shall not be applicable to the hearing, except that the hearing officer’s decision may not be based wholly on hearsay evidence. The owner and the animal control officer shall each have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues at the hearing even though the matter was not covered in the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. If the owner does not testify on his or her behalf, he or she may be called and examined as if under cross-examination, except where any criminal charges are pending against the owner or if it is possible that such charges may be brought against the owner. All persons testifying shall be recorded, either through audio recorder or through a shorthand reporter, at the hearing officer’s option, and persons so testifying shall be informed of such recording. The hearing officer shall keep a log of the testimony and documentary evidence received during the hearing, and the documentary evidence submitted to the hearing officer shall be retained by the city manager until all appeal periods have elapsed. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.44.100 Determination and order.
Within three business days after the conclusion of the hearing conducted pursuant to Section 6.44.090, the hearing officer shall, by certified mail, return receipt requested, notify the responsible party of the officer’s determination and any orders issued. If the officer determines that the animal is a noisy animal and the maintenance thereof a public nuisance, the responsible party shall comply with the officer’s order within five days after the date of mailing of the determination and order. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.44.110 Administrative abatement measures.
The administrative hearing officer may, as part of his/her determination that the animal is a nuisance, direct the responsible party to take any of the following actions to abate the nuisance.
A. Confine the animal within an enclosed building on the premises of the responsible party.
B. Require that the animal wear a noise suppression device obtained at the expense of the responsible party to reduce or eliminate the noise creating the nuisance.
C. Require that the animal undertake obedience training designed to abate the nuisance problem at the expense of the responsible party.
D. Restrict the time of day, days of the week and duration when the animal may be placed out-of-doors on the premises of the responsible party.
E. Require the animal to be debarked at the expense of the responsible party.
F. Require the responsible party to permanently remove the animal from said property and outside the city limits.
G. Any other actions reasonable to accomplish the abatement. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.44.120 Failure to comply with administrative order.
It is unlawful for any person to fail, neglect or refuse to comply with an administrative abatement order of the hearing officer within the time specified in said order. Should any party to the order issued by the hearing officer fail to comply with the order, in whole or in any part thereof, that party or those parties may be subject to administrative remedies to enforce the order as set forth in this code, including administrative citations and administrative civil penalties, and any other lawful means necessary to gain compliance, including a civil action or criminal prosecution pursuant to Chapter 1.16. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.44.130 Civil action.
In the event any person shall fail, neglect or refuse to comply with an administrative abatement order of the administrative hearing officer within the time specified in said order and the public nuisance continues to exist, the city attorney is authorized to commence civil action to obtain the abatement of such public nuisance. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)
6.44.140 Severability.
If any section, subsection, sentence, clause or phrase in this chapter is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed this chapter and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional. (Ord. 2018-05 § 2 (Exh. A) (part), 2018)