Chapter 6.04 ANIMAL REGULATION AND CONTROL

This chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to, apply to any activity which is regulated by federal or state law to the extent that application of this chapter would conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes. It is the intention of the City Council that this chapter shall be interpreted to be compatible with federal, county, and state enactments, and in furtherance of the public purposes which those enactments express. Where an activity is a violation of this chapter and a federal or state enactment, the citation for such violation shall be deemed to be a citation under this chapter and that enactment, even if not expressly stated in the citation. Nothing in this chapter is intended to supersede any other provisions of this code. (Ord. 1053 § 3, 2007. Code 1964 § 3.2.)

6.04.030 Authority to set fees.

The City Council may by resolution establish a schedule of fees and charges for services performed and licenses issued under this chapter. The fees and charges so established may recover the reasonable cost of providing such services and issuing such licenses. (Ord. 1053 § 3, 2007. Code 1964 § 3.3.)

6.04.040 Definitions.

“Animal” means any nonhuman mammal, bird, reptile, amphibian or fish including, but not limited to, dog, cat, horse, goat, sheep and chicken and all animals defined in California Penal Code Section 597.

“Animal control” means the Healdsburg animal shelter and/or the agency who is responsible for animal control.

“Animal control officer” means any person authorized by the City Manager, by designation, delegation or contract, to administer or enforce the provisions of this chapter and applicable state laws and regulations pertaining to animal control or rabies control.

“Animal hearing officer” means a person appointed by the City Manager to conduct hearings authorized under this chapter. The animal hearing officer shall not be a presently employed animal control officer.

“Animal services director” means the director of the Healdsburg animal shelter and/or the agency who is responsible for animal control.

“Animal shelter” means the facility where animals impounded pursuant to this chapter or voluntarily surrendered by their owners are placed for humane care and keeping.

“Assistance dog” means any guide dog, signal dog, search and rescue dog or dog otherwise specially trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired hearing to intruders or sounds, guiding individuals with impaired sight to obstacles, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

“At large” or “run at large” means for an animal to be free from restraint or confinement off the premises of its owner.

“Commercial kennel” means any lot or premises on which five or more dogs and/or five or more cats over four months of age are kept by the owner or occupant for commercial purposes, including, but not limited to, boarding, breeding, buying, selling, renting, exhibiting or training.

“Cruelty” means the intentional or criminally negligent mistreatment of any animal by any act or omission whereby unjustifiable physical pain, suffering, or death is caused to or permitted upon such animal.

“Dangerous animal” means any animal which, because of its disposition, behavior, or other characteristic, constitutes a danger to persons or property.

“Domestic animal” means any animal customarily kept by humans for companionship, including, but not limited to, dogs, cats, birds, rabbits, hamsters, mice, turtles and the like.

“Exotic animal” means any wild animal which the California Fish and Game Commission has declared to be a prohibited wild animal and the importation, transportation, or possession of which is unlawful except under authority of a revocable permit issued by the California Department of Fish and Game.

“Fowl” includes but is not limited to chickens, turkeys, ducks, geese, and other birds.

“Health officer” means the Sonoma County public health officer or his designee.

“Hobby kennel” means any lot or premises on which five or more, but not exceeding 10, dogs and/or five or more, but not exceeding 10, cats over four months of age are owned and kept by the owner or occupant for personal, noncommercial purposes, including, but not limited to, hunting, tracking, exhibiting at shows, exhibitions, field trials or other competitions, or enhancing or perpetuating a given breed, other than dogs or cats used in conjunction with an agricultural operation on the lot or premises. No hobby kennel shall be located on any lot or premises less than one acre in size. No hobby kennel shall sell, display, offer for sale, barter or give away more than four litters of puppies and/or four litters of kittens in any calendar year.

“Impounded” shall mean for an animal to be taken into custody by animal control.

“Kennel” means any commercial kennel or hobby kennel or both.

“Licensed premises” means any lot or premises on which a commercial kennel, hobby kennel or pet shop is maintained or proposed to be maintained by the person owning or occupying such lot or premises.

“Livestock” means any cattle, sheep, swine or goat, or any horse, mule or other equine, or any llama or other camelidae, or any domestic fowl or rabbit.

“Owner” means any person over 18 years of age owning, keeping, harboring or having custody of, or possession of, any animal. This definition shall not apply to a veterinarian in the regular practice of his profession as to any animal in his possession while being treated or cared for. This definition shall not apply to any operator of a kennel as to any animal that is being boarded in the regular practice of his business.

“Park facility” means any body of water, land, campsite, recreation area, building, structure, system, equipment, machinery or other appurtenance owned, managed, controlled or operated by the City of Healdsburg.

“Person” means and includes any individual, firm, association, organization, partnership, joint venture, business trust, corporation or company.

“Pet shop” means a premises wherein pet animals are kept for purposes of wholesale or retail sale. “Pet shop” does not include any place where pet animals are occasionally sold. “Pet animals” means dogs, cats, rabbits, monkeys and other primates, birds, guinea pigs, hamsters, mice, snakes, iguanas, turtles and any other species of animal sold or trained for the purpose of being kept as a household pet.

“Potentially dangerous dog” shall mean any dog, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following:

A. A second attack, without provocation, within a 12-month period, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is acting lawfully;

B. A second attack, without provocation, within a 36-month period, on another animal or livestock, which occurs off the property of the owner of the attacking animal and which does not result in the death of the attacked animal;

C. An attack, without provocation, that results in an injury that is less than severe on a person where such person is acting lawfully.

“Premises” means any property owned, leased or rented by any person.

“Secure enclosure” means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous or vicious dog in conjunction with other measures which may be taken by the owner of the dog and/or the City pursuant to a potentially dangerous or vicious dog abatement order. The enclosure shall be designed to prevent the dog from escaping. The dog shall be housed pursuant to Penal Code Section 597t.

“Service dog” means any dog under the control of a peace officer in the performance of, or training for, public service.

“Severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

“Veterinarian” means any person licensed to practice veterinary medicine in California.

“Veterinary facility” means a clinic or hospital for the provision of inpatient or outpatient medical services to domestic and exotic animals. Animals may be kenneled on site.

“Vicious dog” shall mean any dog, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following:

A. A single attack, without provocation, that results in a severe injury or death to a person in a place where such person is acting lawfully;

B. A single attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal and that results in the death of the other animal or livestock;

C. Any dog previously determined to be and currently listed as a potentially dangerous dog, as herein defined, which after its owner has been notified of this determination, continues any behavior defined as a dangerous dog behavior or is maintained in violation of the conditions of abatement. (Ord. 1053 § 3, 2007. Code 1964 § 3.4.)

Article II. Administrative Provisions

6.04.050 Animal control officers – Powers and duties.

A. All animal control officers shall enforce all of this chapter, and any other provisions of this code, the Healdsburg zoning ordinance, or the laws of this state relating to the care, control and keeping of animals and investigate complaints of violations thereof. Animal control officers are authorized to issue warnings or citations of the aforesaid ordinance and state laws.

B. Animal control officers shall issue all licenses and permits, and collect all fees and charges as authorized by this chapter.

C. The animal control officer shall not be deemed to be a police officer, but pursuant to Penal Code Section 830.9 he/she may exercise the powers of arrest of a police officer as specified in Penal Code Section 836 and the power to serve warrants as specified in Penal Code Sections 1523 and 1530 during the course and within the scope of his employment.

D. Pursuant to Penal Code Section 12031, the animal control officer shall be authorized to carry firearms during the course and within the scope of his employment. Such firearms shall be limited to those approved by the City Council and supplied by the City. Animal control officers shall enforce all state laws relating to rabies control.

E. The animal control officer shall have the right to enter upon and inspect any premises where an animal is kept or harbored when such entry is necessary to enforce the provisions of this chapter or state laws relating to the care, control and treatment of animals, or to save an animal, or to protect the public health, safety and welfare. All entries and inspections shall be carried out in accordance with applicable laws, including, but not limited to, the laws pertaining to search warrants and inspection warrants.

F. A search warrant is not required when there is probable cause by an animal control officer to believe that the keeping or maintaining of an animal on private property is so hazardous or dangerous as to require immediate inspection and/or impoundment of the animal in order to safeguard the safety of the animal, other animals or the public safety.

G. Animal control officers may seize, impound, and humanely destroy any animal when authorized by provisions of this chapter or the laws of this state relating to the care, control and keeping of animals. (Ord. 1053 § 3, 2007. Code 1964 § 3.5.)

Article III. Public Notice

6.04.060 Public notice – Hearing by animal hearing officer.

A. When a provision of this chapter requires notice of a hearing to be given pursuant to this section, notice shall be given in all of the following ways:

1. Notice of the hearing shall be mailed or delivered personally at least 10 days prior to the hearing to the applicant, license holder or owner of the animal, as the case may be. The notice of the hearing shall be served either personally or by first class mail in a sealed envelope with postage prepaid, addressed to the animal owner at his last known mailing address and deposited in a facility maintained by the United States Department of Postal Service. The person providing such notice or service shall sign a declaration under penalty of perjury that notice or service has been made. In the event that the last known address of the animal owner cannot be ascertained, the hearing officer or animal control officer shall sign a declaration under penalty of perjury that best efforts were made to provide notice or service to the animal owner. In the case of service by mail, notice or service is complete at the time the notice is deposited in the United States mail.

2. Notice of the hearing shall be posted at least 10 days prior to the hearing on a bulletin board on a public area at the animal shelter, on or near the doors of the meeting room where the hearing will be held, if the hearing is to be held at a location other than the animal shelter, and in at least one public place on or near the licensed premises or the premises where the animal is maintained.

B. The notice shall include the information specified in HMC 6.04.070.

C. In addition to the notice required by this section, notice may also be given in any other manner deemed necessary or desirable. (Ord. 1053 § 3, 2007. Code 1964 § 3.6.)

6.04.070 Contents of notice.

When a provision of this chapter requires notice of a hearing to be given, the notice shall include the date, time and place of the hearing, the identity of the animal hearing officer, a general explanation of the matter to be considered, a general description, in text or by diagram, of the location of the licensed premises, if any, that is the subject of the hearing, and a notice that if the applicant, license holder or owner of the animal, as the case may be, fails to appear at the hearing, the hearing shall proceed in such person’s absence and such absence shall be further considered a waiver by that person of his or her right to present evidence at the hearing. (Ord. 1053 § 3, 2007. Code 1964 § 3.7.)

Article IV. Hearings and Appeals

6.04.080 Hearing by animal hearing officer – Decision.

When a provision of this chapter requires that a hearing be conducted pursuant to this section, the hearing shall be conducted as follows:

A. At the time and place set for the hearing, the animal hearing officer shall consider the matter at issue. The animal hearing officer shall swear witnesses, hear testimony, and receive relevant written or documentary evidence. Additional procedural rules may be adopted by resolution of the City Council. The animal hearing officer shall tape record the hearing and shall preserve all photographs and other documentary evidence introduced at the time of the hearing. A stenographic report shall also record the proceedings if ordered by the animal hearing officer or requested by the owner, with the costs thereof to be borne by the person making the order or request. A copy of the tape recording or transcript of the proceedings shall be made available to any person upon request and upon payment of the cost of preparation thereof. If the animal hearing officer designates a deputy to conduct the hearing, the deputy shall not have had any direct involvement in the matter being heard. The animal hearing officer may decide all issues for or against the applicant, license holder, or owner of the animal, as the case may be, even if such person fails to appear at the hearing.

B. Within 15 days after the hearing is closed, the animal hearing officer shall render a decision. The decision shall contain findings of fact and conclusions of law. The evidentiary standard used to make the decision shall be a preponderance of the evidence. A copy of the decision shall be mailed by certified mail to the applicant, license holder or owner of the animal, as the case may be, and a brief summary of the decision shall be mailed by first class mail to all persons noticed pursuant to HMC 6.04.060(A)(1). A copy of the decision shall also be posted on a bulletin board in a public area at the animal shelter and shall remain so posted for the duration of the appeal period specified in subsection (D) of this section.

C. The decision of the animal hearing officer shall determine whether the license shall be denied or revoked, whether the animal shall be released to its owner or forfeited to animal control and humanely destroyed by animal control if necessary to protect the public health, safety and welfare, or whether the animal constitutes a public nuisance as further described in HMC 6.04.260. The animal hearing officer may make the release of an animal to its owner subject to such conditions as the animal hearing officer deems necessary to effectuate the purposes of this chapter and to protect the public health, safety and welfare. Except as provided in subsection (D) of this section, the decision of the animal hearing officer shall be final and conclusive.

D. When the animal hearing officer authorizes the destruction of an animal, the owner shall have the right to appeal that decision in any matter provided by law within 10 working days after the decision of the animal hearing officer. The animal hearing officer shall not authorize the destruction of an animal until after the appeal period has expired or, in the event of an appeal, until 10 working days after the decision of the appeal hearing officer has been served upon the owner of the animal. In no event shall the animal control officer permit the destruction of an animal pending the conclusion of an appeal of the animal control officer’s decision to a court of competent jurisdiction. If the court of competent jurisdiction determines that the impoundment of an animal was improper, the City shall bear all costs and expenses of impoundment.

E. Notwithstanding the preceding, the animal control officer may settle any matter scheduled for hearing at any time prior to the hearing by written agreement with the applicant, license holder, or owner of the animal, as the case may be. In the event of a settlement, the executed agreement shall become the decision of the animal hearing officer and shall be mailed and posted pursuant to subsection (B) of this section. (Ord. 1053 § 3, 2007. Code 1964 § 3.8.)

Article V. Prohibited Conduct

6.04.090 Interference with animal control officer – Prohibited.

No person shall prevent, obstruct, hinder or interfere with an animal control officer in the performance of the officer’s duties under this chapter or state law. (Ord. 1053 § 3, 2007. Code 1964 § 3.9.)

6.04.100 Removal of animal in custody of animal control officer – Prohibited.

No person shall remove or attempt to remove any animal taken into custody by an animal control officer without the officer’s authorization. (Ord. 1053 § 3, 2007. Code 1964 § 3.10.)

6.04.110 Aid in escape of animal sought for custody – Prohibited.

No person shall cause or aid in the escape of any animal sought for custody by an animal control officer. (Ord. 1053 § 3, 2007. Code 1964 § 3.11.)

6.04.120 Refusal to present animal for inspection – Prohibited.

No person shall fail to comply with any lawful order of an animal control officer to present an animal for inspection. (Ord. 1053 § 3, 2007. Code 1964 § 3.12.)

6.04.130 Abandonment of dog or cat – Prohibited.

No person shall abandon any dog or cat in or upon any public street or other public place, or upon any private property or premises. (Ord. 1053 § 3, 2007. Code 1964 § 3.13.)

6.04.140 Dogs at large prohibited – Exceptions.

No person shall cause, permit, or allow any dog to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of such dog, nor shall any person cause, permit, or allow any dog to be upon any public street or other public place unless the dog is restrained by a leash not to exceed six feet in length, except:

A. Guide or service dogs while performing their duties for blind, hearing impaired and physically disabled people;

B. Dogs participating in field or obedience trials or animal exhibitions;

C. Dogs assisting their owner and/or possessor in legal hunting or the working, herding, or controlling of livestock;

D. Dogs assisting a security guard or assisting a peace officer engaged in law enforcement duties;

E. Areas within the City specifically set aside and posted for the exercise of animals and designated off-leash areas.

Any dog found in violation of this section may be impounded. Any violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.14.)

6.04.150 Dogs in park facilities – Exceptions.

A. Dogs are permitted in all areas of City park facilities, except for Recreation Park, only if such dog is licensed and under restraint by leash or chain not to exceed six feet in length. The regulations of this subsection do not apply to dogs in designated off-leash areas as defined in HMC 6.04.160.

B. Dogs are not permitted in playground areas of City park facilities.

C. The Healdsburg City Council may, by resolution, prohibit dogs in a City park facility or areas within a City park facility.

D. Notwithstanding the prohibitions of this section, upon the written request and recommendation of the community services director, the City Council may adopt a resolution prohibiting dogs in park facilities for a designated special event sponsored, in part or in whole, by the City. The resolution by the City Council shall specify the date, time, and location of the special event.

E. Any violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.15.)

6.04.160 Dogs in designated off-leash areas.

When entering the boundaries of any designated off-leash area dog owners shall abide by the following use regulations:

A. Dogs must wear a visible and current license attached to a collar or harness which is worn by the dog at all times.

B. Dogs must be leashed prior to entering and exiting.

C. Dog waste must be removed and properly disposed.

D. Aggressive dog behavior is not permitted.

E. Gates must be kept closed at all times.

F. Dog owners must be within the facility and supervise their dogs at all times.

G. Owners using the facility must carry on their person a leash not to exceed six feet in length.

H. Female dogs in heat are not permitted.

I. Any damage done to the park (i.e., digging) must be repaired by the dog owner.

J. Children 12 years and under must be accompanied by an adult at all times.

K. All dog owners who fail to comply with these regulations may be asked to leave and/or be cited for a violation of this section. Any violation of the provisions of this section is an infraction punishable by applicable law. (Ord. 1053 § 3, 2007. Code 1964 § 3.16.)

6.04.170 Animals in park facilities.

In a park facility no person shall:

A. Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot, or throw missiles at any animal residing within the boundaries of any park facility, nor remove nor have in his possession the young, eggs, or nest of any such creature;

B. Abandon any animal, dead or alive, within any park facility;

C. Remove any animal not his own within any park facility; exception is made to the foregoing in that in proper season, fish may be fished and removed from area designated for fishing by licensed persons;

D. Permit cattle, sheep, goats, horses, or other animals owned by him or in his possession to graze within the boundaries of any park facility without adoption of a resolution by the City Council;

E. Ride a horse, pony, mule, burro, or any other animal upon, over or across any park facility, except at times and upon roads or trails designated for the riding of such animals;

F. Permit any animal owned by him, or in his possession, to be brought into or remain upon the premises of any park facility, if the animal services director has given oral or written notice to remove that animal from such premises. The animal services director may give such notice if such animal is known to the animal services director to at the time have caused any injury or damage to any person, other animal or property of another while upon the premises of any park facility;

G. A violation of any of the provisions of this section is an infraction punishable by applicable law. (Ord. 1053 § 3, 2007. Code 1964 § 3.17.)

6.04.180 Livestock at large prohibited – Exceptions.

No person shall willfully or knowingly cause, permit, or, through failure to exercise due care or control, allow any livestock to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of such livestock except:

A. When such livestock is being led, driven, or conducted along a public street during daylight hours under the supervision of the owner or other person in control of such livestock.

B. When such livestock is on public property with the consent of the owner or operator of the grounds or facilities, or on private property with the consent of the owner, lessee or other person in control thereof, and such property is lawfully fenced.

C. When such livestock is on designated open range areas.

D. The owner of any livestock found at large in violation of this section shall, in addition to any other penalties imposed, be liable for the salaries, costs, and other expenses incurred by the animal control officer in restraining, capturing, or rescuing such livestock if such owner is responsible for the livestock being at large. The salaries, costs, and expenses of the animal control officer shall be determined by the animal services director. (Ord. 1053 § 3, 2007. Code 1964 § 3.18.)

6.04.190 Exotic animals at large – Prohibited.

No person shall cause, permit, or allow any exotic animal to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of such exotic animal. (Ord. 1053 § 3, 2007. Code 1964 § 3.19.)

6.04.200 Dogs entering upon property where sheep and other livestock are kept – Prohibited.

No owner of any dog shall permit or allow such dog to enter upon any property whereon sheep or other livestock are kept without the consent of the owner, lessee or other person in control thereof. (Ord. 1053 § 3, 2007. Code 1964 § 3.20.)

6.04.210 Interference with quarantine prohibited.

No person shall refuse to obey the conditions of any lawfully imposed quarantine or remove, tear, deface, mutilate, obscure or destroy or in any other manner whatsoever interfere with any placard, notice or proclamation declaring such quarantine, placed on or about the premises on which any of the animals so quarantined are located. (Ord. 1053 § 3, 2007. Code 1964 § 3.21.)

6.04.220 Animals in City buildings prohibited – Exceptions.

No owner of any animal shall permit or allow such animal to enter or remain in any City building, except the City animal shelter, those City buildings used for animal training classes, exhibitions, or competitions, and any other City building or part thereof designated by the City Council. This section shall not apply to totally or partially blind persons, deaf or hearing impaired persons, or other disabled persons using assistance dogs, law enforcement officers engaged in police work using dogs to assist them and such other persons as may be authorized by the animal control officer. (Ord. 1053 § 3, 2007. Code 1964 § 3.22.)

6.04.230 Selling animals without license prohibited.

No person shall sell, display, offer for sale, barter or give away any animal as a pet, prize, toy, premium or novelty, except a person licensed pursuant to this chapter to operate a commercial kennel, hobby kennel or pet shop, or as part of an agricultural operation, commercial hatchery or store regularly engaged in the selling of livestock, or unless such person is the owner of such animal and such sale, display, offer for sale, barter or gift occurs on the owner’s premises or on the premises where the animal is boarded or kept. (Ord. 1053 § 3, 2007. Code 1964 § 3.23.)

6.04.240 Maintenance of exotic animals without proof of proper approvals prohibited.

No owner of any exotic animal shall maintain such animal without proof of proper federal and state permits, inspections and other required approvals. (Ord. 1053 § 3, 2007. Code 1964 § 3.24.)

6.04.250 Biting animals – Notification to animal control officer.

The owner or other person in custody or control of any animal that bites a human being shall immediately notify the animal shelter of such bite, giving the name and address of the person bitten, if known to him/her, and shall faithfully obey any quarantine instructions given by the animal shelter and/or health officer. Failure to obey such quarantine instructions is cause for impoundment of the animal for the quarantine period. A violation of this section is an infraction punishable by applicable law. (Ord. 1053 § 3, 2007. Code 1964 § 3.25.)

6.04.260 Public nuisance – Prohibited.

A. No owner of any animal shall do any of the following:

1. Permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passersby, excessive barking, howling or making other noise.

2. Permit such animal to damage or trespass on public or private property.

3. Permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or which would otherwise be injurious to the public heath, offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood or community or any considerable number of other persons.

4. Maintain a dangerous animal in a manner that creates a significant threat to the public health, safety and welfare.

5. Except for a disabled person using an assistance dog, permit such animal to defecate on any public street or other public property without immediately cleaning or removing the excrement to a proper receptacle; or defecate on any private property other than that of its owner without the consent of the owner, lessee or other person in control of the private property.

6. Keep or maintain any animal in violation of the zoning code of the City of Healdsburg.

B. Any violation of this section is hereby declared to be a public nuisance.

C. Whenever an animal control officer has reasonable cause to believe that a public nuisance as defined in this section exists, the animal control officer may conduct an investigation of the alleged nuisance. Whenever it is affirmed in writing by two or more persons residing in separate residences in the neighborhood that a public nuisance as defined in this section exists, the animal control officer shall investigate the alleged nuisance. If, upon investigation, the animal control officer determines that a public nuisance exists, the animal control officer may issue an order to the owner of the offending animal directing that such nuisance be abated. In the event that the owner does not comply with the abatement order, the animal control officer shall immediately initiate proceedings for a hearing by the animal hearing officer, as is set forth in Article IV of this chapter. The notice and hearing shall comply with the requirements set forth in Article III and Article IV, respectively, of this chapter.

D. Any person may maintain an action under Civil Code Section 3493 for compliance with the requirements of this section.

E. Notwithstanding any of the preceding, no animal which is part of an agricultural operation exempt from being or becoming a nuisance by Civil Code Section 3482.5 shall be deemed to be a public nuisance under this section, provided such animal is owned and kept in compliance with this chapter and state law. (Ord. 1053 § 3, 2007. Code 1964 § 3.26.)

6.04.270 Injuring or teasing a police dog.

No person shall injure, tease, agitate, kick, strike, torture or otherwise interfere with any police dog while the dog is in the custody of or being used by a law enforcement officer in the performance of his official duties. As used in this section, “police dog” shall mean any dog specially trained for assistance to law enforcement officers. (Ord. 1053 § 3, 2007. Code 1964 § 3.27.)

6.04.280 Cruelty to animals, animals in vehicles, and transportation of animals.

A. Cruelty to Animals.

1. No person shall commit the crime of cruelty to animals or overdrive, overload or unnecessarily or cruelly beat, mutilate, kill, torture or abuse, or cause or procure to be overdriven, overloaded, cruelly beaten, mutilated, killed, tortured, or abused, any animals or deny the animal necessary medical attention, as determined by a licensed veterinarian and/or the animal services director.

2. Any violation of this subsection (A) can be enforced in the same manner as provided under the California Penal Code.

B. Animals in Vehicles.

1. No person shall leave any animal confined in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperature that may adversely affect the health or well-being of the animal.

2. If an animal is confined in an unattended vehicle in violation of this subsection (B), or in a manner giving an animal control officer or peace officer reasonable cause to believe that the health or well-being of the animal is being adversely affected, the officer may enter the vehicle to release the animal(s). The City shall not be liable for any damages resulting from the use of reasonable force to make such entry.

3. Any animal that has been confined in a vehicle in violation of this section may be immediately impounded in accordance with HMC 6.04.710.

4. Any violation of this subsection (B) can be enforced in the same manner as provided under California Penal Code Section 597.7.

C. Transportation of Animals.

1. No person shall transport or carry any animal on any public highway or public roadway in a motor vehicle, unless the animal is safely enclosed within the vehicle or protected by a cap or container, cage or other device that will prevent the animal from falling, being thrown, or jumping, from the motor vehicle.

2. Any violation of this subsection (C) can be enforced in the same manner as provided under California Vehicle Code Section 23117. (Ord. 1060 § 1, 2007. Code 1964 § 3.28.)

Article VI. Livestock and Fowl

6.04.290 Livestock – Keeping restrictions.

No person shall stable, keep, pasture, or maintain livestock within the City limits of the City, unless expressly allowed to do so by the City’s zoning ordinance. No person owning any interest in any lot or parcel of real property within the limits of the City shall permit livestock to be owned, kept, possessed or maintained upon such lot or parcel of real property unless expressly permitted by the zoning code. This section shall not be applicable to any circus, carnival, or show otherwise permitted to operate temporarily within the limits of the City. A violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.29.)

6.04.300 Livestock – Standards of care.

No person owning or having the custody or control of any livestock shall permit or allow such animal to trespass upon or be kept upon private property without the property owner’s consent. The owner or other person in control or custody of any such animal shall provide it with necessary and appropriate food, drink and shelter, and at nighttime shall secure it in a pen, corral or barn, or by such other humane means as will effectively restrain it from roaming at large. Every person who stables, keeps, pastures or maintains livestock in the City shall at all times keep the stable or enclosure in which such livestock is kept clean and free from manure, mud, and everything of a foul and unclean nature. (Ord. 1053 § 3, 2007. Code 1964 § 3.30.)

6.04.310 Livestock in streets – Restrictions.

No person shall drive or herd any animal or animals on or along any street or alley. Animals may be ridden or driven in harness or by means of rope, halter or similar device, subject to traffic regulations and the orders of any City police officer whose duties include the direction of street traffic. A violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.31.)

6.04.320 Fowl – Keeping restrictions.

No person shall keep fowl within the City limits of the City, unless expressly allowed to do so by the City’s zoning ordinance. No person owning any interest in any lot or parcel of real property within the limits of the City shall permit fowl to be owned, kept, possessed or maintained upon such lot or parcel of real property unless expressly permitted by the zoning ordinance. A violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.32.)

6.04.330 Fowl – Conditions for keeping within the City.

A. No person shall keep on any premises owned, occupied or controlled by him/her any fowl unless such fowl is kept in an enclosure sufficient in all respects to confine such fowl within such enclosure and no part of such enclosure shall be situated within 25 feet of any dwelling built for occupation on the site or closer than 50 feet to any property line.

B. Notwithstanding the provisions of this section, no person shall overcrowd in any crate, box or other receptacle fowl or fail to provide proper food, water, shelter or sanitation for the same.

C. A violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.33.)

Article VII. Dogs¹

6.04.340 Dog license required.

Every person owning a dog over four months of age which is kept within the City shall obtain a license as follows:

A. Within 30 days after the dog reaches the age of four months.

B. Within 30 days of becoming a resident of the City if a license is otherwise required under this article.

C. A violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.34.)

6.04.350 License requirements – Exceptions.

The provisions of HMC 6.04.340, Dog license required, shall not apply to any of the following:

A. Any dog brought into the City for the purpose of participating in any show, exhibition, field trial or competition scheduled not more than 30 days thereafter;

B. Any dog brought into the City for the receipt of veterinary care in a veterinary hospital, providing that the dog is confined at all times to the hospital;

C. Any dog owned or in possession of a nonresident of the City which is to be maintained in the City for a period not exceeding 30 days;

D. Any guide or service dog actually being used to assist a blind, hearing impaired or otherwise physically disabled person. (Ord. 1053 § 3, 2007. Code 1964 § 3.35.)

6.04.360 Responsibility for issuance of license.

Pursuant to Chapter 3 (commencing with Section 30801) of Division 14 of the Food and Agricultural Code, the animal services director or his designee is designated to issue dog licenses under this article. (Ord. 1053 § 3, 2007. Code 1964 § 3.36.)

6.04.370 License – Vaccination required.

A prerequisite to the issuance of a dog license under this article is the presentation of a certificate of vaccination signed by a veterinarian showing one of the following for the dog to be licensed:

A. That such dog has been vaccinated with an approved rabies vaccine and the period of time from the date of vaccination to the date of expiration of the license being issued does not exceed the interval of time prescribed by the State Department of Health for revaccination.

B. That such dog should not be vaccinated with an approved rabies vaccine because such vaccination may jeopardize the health of the dog due to infirmity or other disability. Where a certificate of vaccination shows that a dog should not be vaccinated due to infirmity or other disability, the nature of the infirmity or other disability and the estimated date of termination thereof shall be shown on the face of the certificate to the satisfaction of the animal services director or his designee.

C. Every veterinarian practicing veterinary medicine within the City shall submit to the animal services director or his designee one copy of each certificate of vaccination issued by the veterinarian for dogs subject to the provisions of subsection (A) of this section on a quarterly basis.

D. A violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.37.)

6.04.380 License fee.

A. An annual dog license fee set by resolution of the City Council shall be imposed upon every dog four months and older which is kept in the City by any person who is the owner. If a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered, the annual license fee shall be reduced by 50 percent. The license fee is due and payable on the day upon which the dog is four months old.

B. If the owner of any dog fails to make application for a dog license within 30 days after receipt of notice from the animal control officer to obtain a license, such owner shall pay a penalty for late licensing; the penalty amount shall be established by City Council resolution. The penalty shall be paid in addition to the license fee required in this section.

C. A violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.38.)

6.04.390 License fee – Waiver or reduction of fees.

A. License fees shall be waived for assistance dogs owned and used by totally or partially blind persons, deaf or hearing impaired persons, or other disabled persons, and for dogs owned and used by police department or law enforcement officers exclusively for police work if all other requirements for licensing under this article are met.

B. License fees may include a reduced rate for dogs owned by persons 62 years of age or older if all other requirements for licensing under this article are met.

C. The animal services director or his designee shall require such proof of qualification as the animal services director or his designee deems necessary prior to waiving or reducing the license fee for any dog. (Ord. 1053 § 3, 2007. Code 1964 § 3.39.)

6.04.400 License application – Issuance of certificate and identification tag.

Upon each application for a license, the owner shall furnish to the animal services director or his designee, in writing, his or her name, the address where the dog is kept, the name, breed, age, sex and color of the dog, and proof of current vaccination. In the event that the dog is kept at more than one location, then all addresses of where the dog is kept shall be provided. The animal services director or his designee shall furnish registration forms for such purpose and upon payment of the fee, and penalty, if any, shall issue a receipt, a serially numbered license certificate and a metallic identification tag with an identifying number, the year of issue, the words “City of Healdsburg,” and such information as the animal control officer may require. (Ord. 1053 § 3, 2007. Code 1964 § 3.40.)

6.04.410 Expiration and renewal of license.

A. Every dog license issued pursuant to this article shall be annual, expiring 12 months following the date of rabies vaccination. The procedure for renewal of a dog license shall be the same as for obtaining an original license. If the owner of any dog fails to make application for the renewal of a dog license prior to its expiration, such owner shall pay a penalty for late renewal, the amount of which shall be established by resolution of the City Council.

B. A license fee may be imposed and collected for a period not to exceed three years for dogs that have attained the age of 12 months or older and have been vaccinated. The person from whom the license fee is collected pursuant to this subsection may choose a license period of up to one, two, or three years. However, when imposing and collecting a license fee, the license period shall not extend beyond the remaining period of validity for the current rabies vaccination.

C. A violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.41.)

6.04.420 Securing license tag to collar.

The dog owner shall secure the tag to a collar, harness or similar device attached to the dog for which the license tag was issued. The dog owner shall ensure that the dog wears such a license tag at all times in the City, except when the dog is confined in a commercial kennel, hobby kennel, or veterinary facility, or the dog is being exhibited at a show, field trial or other competition. The identification tag shall be shown by the owner at any time upon demand by the animal control officer. A violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.42.)

6.04.430 Replacement of lost license tag.

In case the metallic dog license tag for any dog licensed under this article is lost or destroyed, a replacement tag for such dog shall be procured from the animal services director or his designee within 30 days after the loss or destruction. Upon receiving proof of loss, made in writing, and upon payment of a replacement fee, which shall be set by resolution of the City Council, the animal services director or his designee shall issue a replacement tag to the owner. A violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.43.)

6.04.440 Transfer of license – Notice of death or removal from City.

If any dog licensed pursuant to this article is sold or transferred, the new owner shall apply to the animal control officer for a transfer of the dog license for such dog within 30 days after the change in ownership. The procedure for transfer of a dog license shall be the same as for obtaining an original license. If any dog licensed pursuant to this article dies or is permanently removed from the City, the owner of such dog shall notify the animal services director or his designee of the changed conditions in writing within 30 days after such change. A violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.44.)

6.04.450 Reporting of shooting or poisoning dog required.

A. Any veterinarian or other person who observes, has knowledge of, or treats any dog which has been shot or poisoned within the City shall immediately report the incident to the animal control agency.

B. Any report of the shooting or poisoning of any dog pursuant to this section shall include the name of the owner of the dog, if known, or the name of the person requesting treatment of such dog, if known. (Ord. 1053 § 3, 2007. Code 1964 § 3.45.)

6.04.460 Impoundment of unlicensed dog.

The animal control officer may take up and impound any dog which is off the premises of its owner without a current license tag on its collar, harness or other device. A violation of this section is an infraction punishable as provided by law. (Ord. 1053 § 3, 2007. Code 1964 § 3.46.)

Article VIII. Cats

6.04.470 Cat registration.

Any person who owns or keeps any cat over four months of age within the City may voluntarily register such cat pursuant to the provisions of this article. (Ord. 1053 § 3, 2007. Code 1964 § 3.47.)

6.04.480 Application for registration.

Application for registration of a cat shall be made in writing to the animal services director by the owner of the cat to be registered. Such application shall be on a form approved by the animal services director and shall be accompanied by a registration fee set by resolution of the City Council. Such registration fee shall be reduced by 50 percent for a spayed or neutered cat and for a cat owned by a person 62 years of age or older, who furnishes legal identification, if all other requirements for registration under this article are met. (Ord. 1053 § 3, 2007. Code 1964 § 3.48.)

6.04.490 Action on application – Issuance of certificate and identification tags.

Upon each applicant for a license, the owner shall furnish to the animal services director or his designee, in writing, his or her name, the address where the cat is kept, the name, breed, age, sex and color of the cat. In the event that the cat is kept at more than one location, then all addresses of where the cat is kept shall be provided. The animal services director shall furnish registration forms for such purpose and upon payment of the fee, and penalty, if any, shall issue a receipt, a serially numbered license certificate and a metallic identification tag with an identifying number, the year of issue, the words “City of Healdsburg,” and such information as the animal services director may require. (Ord. 1053 § 3, 2007. Code 1964 § 3.49.)

6.04.500 Registration period.

Every registration certificate issued pursuant to this article shall be valid for the life of the cat registered thereby. (Ord. 1053 § 3, 2007. Code 1964 § 3.50.)

6.04.510 Transfer of registration certificate – Notice of death or removal from City.

If any cat registered pursuant to this article is sold or transferred, the new owner shall apply to the animal services director or his designee for a transfer of the registration certificate for such cat within 30 days after the change in ownership. The procedure for transfer of a registration certificate shall be the same as for obtaining an original certificate. If any cat registered pursuant to this article dies or is permanently removed from the City, the owner of such cat shall notify the animal services director or his designee of the changed conditions in writing 30 days after such change. (Ord. 1053 § 3, 2007. Code 1964 § 3.51.)

6.04.520 Replacement of lost registration tag.

In case the metallic identification tag for any cat registered pursuant to this article is lost or destroyed, a replacement tag for such cat may be procured from the animal control officer. Upon receipt of an application and payment of a replacement fee, the amount of which shall be established by resolution adopted by the City Council, the animal control officer shall issue a replacement metallic identification tag to the owner. (Ord. 1053 § 3, 2007. Code 1964 § 3.52.)

6.04.530 Spaying or neutering cats that roam.

A. No person owning or otherwise having a cat over six months of age in his care, charge, control, custody or possession shall cause, permit or allow such cat to be in or upon a public street, road, alley or other public or private place unless such cat is spayed or neutered.

B. If an animal control officer observes a cat whom it believes is in violation of this section, the animal control officer may seize and impound the cat. Upon seizure and impoundment, the animal control officer shall contact the owner(s) and shall require the owners of the cat to either spay or neuter the cat or to produce a certificate of sterilization from a veterinarian which lists the veterinarian’s name, clinic’s name, address, telephone, license number, pet name, age, breed and adequate description of the cat. The cat shall be spayed or neutered within 30 days of redemption and provide proof of the sterilization no later than 14 days after the surgery. (Ord. 1053 § 3, 2007. Code 1964 § 3.53.)

Article IX. Potentially Dangerous and Vicious Dogs

6.04.540 Authority and purpose.

The keeping of a dog defined as potentially dangerous or vicious under this chapter shall be declared a public nuisance and shall be abated in accordance with the provision of this article. The procedure for abatement set forth in this article shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other ordinances or abating public nuisances in any other manner provided by law or under this chapter. Furthermore, this article shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance any dog that is dangerous. Pursuant to California Food and Agricultural Code Section 31683, the City is granted the authority to adopt its own program for the control of potentially dangerous or vicious dogs. (Ord. 1053 § 3, 2007. Code 1964 § 3.54.)

6.04.550 Purpose – Exemptions.

A. This article does not apply to kennels, humane society shelters, the animal shelter, or veterinarians, or to dogs while utilized by the sheriff, any police department or any law enforcement officer in the performance of police work.

B. A “potentially dangerous dog” or “vicious dog” does not mean any dog in a situation in which it is shown that the person or domestic animal suffering the injury or damage had, at the time of the injury or damage:

1. Provoked, tormented, teased, abused or assaulted the dog into the behavior alleged;

2. Committed a willful trespass or other tort upon the private property of the owner of the dog;

3. Committed or attempted to commit a crime; or

4. Threatened or committed an unjustified attack or assault against the owner or person in control of the dog. (Ord. 1053 § 3, 2007. Code 1964 § 3.55.)

6.04.560 Investigation, hearing, and designation of potentially dangerous and vicious dogs.

A. An animal control officer shall investigate any reported incident regarding a potentially dangerous or vicious dog.

B. During the investigation, the animal control officer shall compose a report to be permanently retained pursuant to adopted procedures. The report shall be signed under penalty of perjury by the animal control officer. The animal control officer shall make his best efforts to take a photograph of the dog to include with the report.

C. The animal control officer shall append to the report the statements of witnesses, victims and the dog owner. These statements shall also be signed under penalty of perjury.

D. If, after conducting an investigation, the animal control officer determines that probable cause exists that the dog is a potentially dangerous or vicious dog, the animal control officer may impose reasonable conditions to protect the public health, safety and welfare upon the animal owner pending an administrative hearing as provided for in HMC 6.04.570. These conditions shall be in the form of a provisional abatement order and may include any reasonable conditions, including those contained in HMC 6.04.580. Notice of the provisional abatement order shall be provided by the animal control officer pursuant to HMC 6.04.060. Within 30 days of receipt of the provisional abatement order, an administrative hearing shall be held to determine whether the dog is potentially dangerous or vicious. The administrative hearing shall follow the procedures of HMC 6.04.570. If the dog owner fails to appear at the administrative hearing or waives their right to the administrative hearing then the provisional abatement shall remain in effect.

E. If, after conducting an investigation, the animal control officer determines that probable cause exists that the dog is potentially dangerous or vicious, the animal control officer shall request and be granted an administrative hearing to determine whether an animal is potentially dangerous or vicious.

F. The animal control officer shall also immediately impound any dog found to be presenting an imminent threat to the public health, safety and welfare. (Ord. 1053 § 3, 2007. Code 1964 § 3.56.)

6.04.570 Hearing procedure.

A. Pursuant to HMC 6.04.560, where the animal control officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the animal control officer shall request an administrative hearing by the animal hearing officer for the purpose of determining whether the dog should be declared potentially dangerous or vicious.

B. The animal hearing officer shall notify the owner of the dog that a hearing will be held, at which time the animal control officer and the dog owner may present evidence as to whether the dog should be declared potentially dangerous or vicious. The notice, together with a copy of the petition, shall be provided pursuant to HMC 6.04.060. The hearing shall be held promptly within no less than 10 working days and no more than 30 working days after service of the notice on the owner of the dog.

C. The animal hearing officer shall conduct the hearing in an informal manner and shall afford the owner of the animal an opportunity to present evidence as to why the dog shall not be declared potentially dangerous or vicious. The formal rules of evidence shall not apply; however, whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer to find probable cause shall be sworn to and verified by the complainant and attached to the petition filed by the animal control officer. The animal hearing officer may admit into evidence all relevant evidence, including incident reports and the affidavits or declarations of witnesses; limit the scope of discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing when not testifying; exclude disorderly or disruptive persons from the hearing; and make other orders necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be open to the public.

D. The proceedings of the hearing may be tape recorded if ordered by the animal hearing officer or requested by the owner of the dog. A stenographic reporter shall also record the proceedings if ordered by the animal hearing officer or requested by the owner. A copy of the tape recording or transcript of the proceedings shall be made available to any person upon request and upon payment of the cost of preparation thereof.

E. The animal hearing officer may decide all issues for or against the owner of the dog even if the owner fails to appear at the hearing.

F. In making a determination that a dog is potentially dangerous or vicious, evidence of the following shall be considered:

1. Any previous history of the dog attacking, biting or causing injury to a human being or other domestic animal;

2. The nature and extent of injuries inflicted and the number of victims involved;

3. The place where the bite, attack or injury occurred;

4. The presence or absence of any provocation for the bite, attack or injury;

5. The extent to which property has been damaged or destroyed;

6. Whether the dog exhibits any aggressive characteristics or unpredictable temperament or behavior in the presence of human beings or other domestic animals;

7. Whether the dog can be effectively trained or retrained to change its temperament or behavior;

8. The manner in which the dog had been maintained or cared for by its owner;

9. Any other relevant evidence concerning the maintenance or care of the dog; and

10. Any other relevant evidence regarding the ability of the owner or the animal control officer to protect the public safety in the future if the dog is permitted to remain in the City.

G. After the hearing, the animal hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious. The hearing officer may order the abatement of the nuisance created by the potentially dangerous or vicious dog by imposing some or all of the abatement conditions found in HMC 6.04.580 for the continued ownership of the animal. The abatement order shall replace any provisional abatement order issued by an animal control officer unless the abatement order is stayed by judicial action or pending judicial review. Within 15 days of the hearing, the determination and abatement order shall be served upon the dog owner pursuant to HMC 6.04.060(A)(1). The determination order of the animal hearing officer shall be final and conclusive.

H. If, following the hearing, the subject dog is determined by a preponderance of the evidence to be vicious and, if released to the owner, even where reasonable abatement conditions were imposed, would create a significant threat to the public health, safety, or welfare, the hearing officer may order that the dog be humanely euthanized as permitted under California Food and Agricultural Code Section 31645 or its successor provisions.

I. A reputable presumption that a dog creates a significant threat to the public health, safety and welfare exists where:

1. The dog has been involved in an attack resulting in the death of a person, regardless of the circumstances involved;

2. The dog has been involved in a second attack, without provocation, on another animal or livestock which occurs off the property of the owner and that results in the death of the other animal or livestock;

3. The dog has been involved in a third attack, without provocation, that results in a nonsevere injury to a person in a place where such person is acting lawfully;

4. A third attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking dog;

5. The owner of a dog previously deemed vicious fails, refuses or is incapable of complying with the terms of an abatement order issued pursuant to this chapter;

6. The animal has been previously found vicious and subsequently exhibits any of the behaviors listed as determinative of potentially dangerous or vicious under HMC 6.04.040 (Definitions);

7. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict other remedies.

J. Within 10 days of the hearing, notice of the order of humane euthanization shall be served upon the owner pursuant to HMC 6.04.060(A)(1).

K. Any order made by the hearing officer to humanely euthanize an animal shall be final unless an appeal is made to a court of competent jurisdiction. (Ord. 1053 § 3, 2007. Code 1964 § 3.57.)

6.04.580 Abatement orders and conditions.

A. Pursuant to HMC 6.04.570(G), the owner of a dog determined to be potentially dangerous or vicious by the hearing officer shall be required to comply with the abatement order of the animal hearing officer which contains any or all of the following conditions:

1. To immediately register the dog that is found to be potentially dangerous or vicious with the animal control officer to comply with the animal control officer’s requirements for potentially dangerous or vicious dogs, and to keep such dog properly vaccinated at all times. Should the dog die in any 12-month term, the owner shall notify the animal control officer of the death within five working days of the death;

2. To keep the dog securely confined on its premises in a locked enclosure approved by the animal hearing officer or the animal control officer from which the dog cannot escape and into which children cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine a potentially dangerous or vicious dog must be locked with a key or combination lock when such dogs are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house a dangerous animal must comply with all zoning and building regulations of the City. All such structures must be adequately lighted, ventilated, and kept in a clean and sanitary condition;

3. To keep the dog securely muzzled, restrained by a substantial leash of no longer than six feet in length and under the control of a responsible person 18 years of age or older who is physically capable of restraining the dog when the dog is not contained in a locked, secure enclosure;

4. To have the animal spayed or neutered by a licensed veterinarian and to present proof to the animal control officer;

5. To provide and maintain financial responsibility for injuries to the public by obtaining and showing proof of liability insurance in the form and amount deemed to be acceptable by the animal hearing officer or City attorney in light of all the circumstances. Such insurance policy shall provide that no cancellation of the policy will be made unless 10 days’ written notice is first given to animal services and the City Clerk’s office;

6. The posting of a bond or other proof of ability to pay a damage award in the amount of $50,000;

7. To immediately inform any City, county, postmaster or utility company meter readers and anyone else that lawfully comes onto the property, of the dog’s dangerousness and to inform animal control and/or the chief of police if the dog is moved to another location inside or outside the City limits as provided by this chapter;

8. To display in a prominent place on the premises a sign easily readable by the public using the words “Beware of Dog” in letters at least three inches high;

9. To have a microchip assigned by animal services implanted into the dog for identification purposes. The identifying information listed on the microchip shall be noted in the licensing files for that dog;

10. To consent and agree to the entry upon the premises to any police officer or animal control officer for the purpose of inspecting the dog and/or premises at any time;

11. To make reasonable payment of costs incurred by the City and animal control agent in the hearing process, not to exceed $1,000;

12. To take any other steps deemed reasonably necessary to prevent injuries to the public.

B. The owner of the dog shall comply with the conditions imposed by the hearing officer within 30 days of the order. All owners of potentially dangerous or vicious dogs must within 10 days of the effective date of the abatement order provide the animal control officer with two photographs of the registered dog clearly showing the color and approximate size of the dog.

C. No potentially dangerous or vicious dog shall be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog may be kept in a house or structure when the windows are open or screen doors are the only obstacle preventing the animal from exiting the structure. (Ord. 1053 § 3, 2007. Code 1964 § 3.58.)

6.04.590 Failure to comply with potentially dangerous or vicious dog order.

A. It is unlawful for the owner of a dog deemed potentially dangerous or vicious under this chapter to fail to comply with conditions set forth in an abatement order. Any dog found to be the subject of a violation of an order shall be subject to immediate seizure and impoundment. The animal hearing officer shall notify the dog owner to show cause whether the dog shall be humanely euthanized for a failure to comply with the conditions contained in the potentially dangerous or vicious dog order.

B. The animal hearing officer shall provide written notice pursuant to HMC 6.04.060(A)(1) that the dog will be humanely euthanized unless, within 14 days from the date of notice:

1. The owner has demonstrated to the satisfaction of the animal hearing officer that the owner has fully complied with the requirements and conditions set forth in the abatement order; or

2. The owner has filed in a court of competent jurisdiction a petition that seeks to stay the euthanization of the animal and has served a copy of such petition upon the animal hearing officer. If, after 14 days from the date of such notice, the owner has not complied with the provisions of subsection (B)(1) or (2) of this section, the hearing officer may, without further notice or process, have the animal humanely euthanized. (Ord. 1053 § 3, 2007. Code 1964 § 3.59.)

6.04.600 Transfer and training of potentially dangerous and vicious dogs.

A. No person shall sell, transfer or in any other way dispose of a dog deemed potentially dangerous or vicious under this article to any person within the City unless the recipient person resides permanently in the same household and on the same premises as the owner of such dog.

B. The owner of a dog that has been deemed potentially dangerous or vicious under this article may sell, transfer, or otherwise dispose of such dog or the offspring thereof to persons who do not reside within the City, provided the owner first notifies the animal hearing officer and the animal control officer of the proposed sale or transfer. Such notice shall be given not less than 15 days in advance of the sale or transfer and shall specify the name and address of the recipient person. Upon receipt of such notice, the hearing officer or the animal control officer may notify the governmental jurisdiction in which the recipient person is located or resides. Failure to comply with these notification provisions shall be grounds for immediate impoundment of the dog by the animal control officer.

C. It shall be unlawful for a person to possess, own or control any dog for the purpose of either temporary or permanent care in the City limits that has been deemed by another governmental jurisdiction to be potentially dangerous, dangerous, vicious, or a threat to the safety of human beings or domestic animals. The animal control officer may order the person having possession, ownership or control of the dog to remove the dog immediately from the City. Should such person fail to comply with the animal control officer’s order, the animal control officer may summarily and immediately impound the dog. The owner of the dog shall be liable for the costs and expenses of impounding and keeping the dog including any necessary veterinary fees. Such impounded dog may then be disposed of in accordance with the provisions of this chapter. (Ord. 1053 § 3, 2007. Code 1964 § 3.60.)

6.04.610 Restrictions on further ownership of dogs.

The owner of a dog determined to be a vicious dog shall be prohibited from owning, possessing, controlling, or having custody of any dog for a period of three years, when it is found, after hearing proceedings conducted pursuant to this article, that ownership or possession of a dog by that person would create a significant threat to the public health, safety and welfare. (Ord. 1053 § 3, 2007. Code 1964 § 3.61.)

6.04.620 Keeping a potentially dangerous or vicious dog by minors prohibited.

No dog found to be potentially dangerous or vicious pursuant to this chapter shall be owned by a minor. (Ord. 1053 § 3, 2007. Code 1964 § 3.62.)

6.04.630 Enforcement and penalties.

A. Unless otherwise specified, any violation of this chapter shall be a misdemeanor.

B. The owner of any dog determined to be potentially dangerous ordered humanely euthanized pursuant to this chapter shall be prohibited from owning, possessing, controlling or having custody of any other dog of the type to which the violation applies for a period of three years from the date of violation when it is found after the hearing conducted pursuant to this article that ownership or possession of such animal by that person would create a significant threat to public health, safety, or welfare.

C. Any provisions of this chapter may be enforced by the police department, fire department, the animal control officer or any authorized designee of the animal services director. Complaints of any violations of this article which are subject to the penalties under this section may be presented to the district attorney’s office or to the City attorney for prosecution.

D. In any action, administrative proceeding, or special proceeding initiated by the City under this chapter, the prevailing party may recover attorneys’ fees. Recovery of attorneys’ fees by the prevailing party is limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. The award of attorneys’ fees to the prevailing party shall in no circumstance exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.

E. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The City may, in its discretion, elect to pursue any one or more of the penalties or remedies provided for herein or at law or in equity.

F. Notwithstanding the preceding, the animal control officer may settle any matter scheduled for a hearing at any time prior to the hearing by written agreement with the applicant, license holder, or owner of the animal, as the case may be. In the event of a settlement, the executed agreement shall become the decision of the animal hearing officer and shall be mailed pursuant to HMC 6.04.060(A)(1). (Ord. 1053 § 3, 2007. Code 1964 § 3.63.)

Article X. Impoundment

6.04.640 Animal services director – Appointment and duties.

The City Council may provide, by contract, for the execution of the office and duties of animal services director or animal control officer by any person authorized or organized under the laws of the state to act for the humane treatment of animals or to prevent cruelty to animals. The animal services director and his designees shall license, impound, quarantine, place for adoption, and collect other fees as approved by the City. (Ord. 1053 § 3, 2007. Code 1964 § 3.64.)

6.04.650 Animal services director – Disposition of money received – Report.

All money collected by the animal services director, together with all or a portion of the money collected from the sale of licenses for dogs in the City, may be retained by or paid over to the animal services director in payment for the work, labor and duties performed by the animal services director in operating the City shelter or other like facility. The animal services director shall file a monthly report with the City as may be required by the City Manager and/or as may be provided by agreement. (Ord. 1053 § 3, 2007. Code 1964 § 3.65.)

6.04.660 Animal services director – Record keeping.

The animal services director shall keep such records as the City Manager or agreement may prescribe. Such records shall at all times be available for inspection by the City Manager or his designee. (Ord. 1053 § 3, 2007. Code 1964 § 3.66.)

6.04.670 Animals subject to impoundment.

Any animal which is engaged in an activity or existing in a condition prohibited by this chapter or state law may be impounded pursuant to the provisions of this article. (Ord. 1053 § 3, 2007. Code 1964 § 3.67.)

6.04.680 Suspected rabid animals – Examination and impoundment.

The animal control officer shall seize any animal when there is reason to believe it is infected with rabies, and take that animal to a veterinarian for examination. If the veterinarian determines that the animal may be infected with rabies, the animal control officer shall impound such animal for the period mandated by the laws of this state and shall notify Sonoma County animal regulation, the agency responsible for rabies monitoring in this county. The animal’s owner shall be charged for all costs incurred or fees applicable, with respect to the examination, confinement, or impoundment of the animal. The redemption fees in HMC 6.04.760 do not apply to an animal quarantined for rabies observation. (Ord. 1053 § 3, 2007. Code 1964 § 3.68.)

6.04.690 Enforcement of Penal Code Section 597.1.

California Penal Code Section 597.1 shall be operative and enforced by the director of animal services. Seizure and impoundment shall be made pursuant to Section 597.1. If requested, a hearing regarding the impoundment of the subject animal shall be held pursuant to Article IV of this chapter. (Ord. 1053 § 3, 2007. Code 1964 § 3.69.)

6.04.700 Care of impounded animals.

Every impounded animal shall be inspected for the presence of a license, tattoo, implant or other form of identification at the time of impoundment. Animal services shall ensure that all impounded animals receive suitable and adequate food, water, shelter, and medical care. (Ord. 1053 § 3, 2007. Code 1964 § 3.70.)

6.04.710 Procedures for immediate impoundment.

The animal control officer may immediately seize and impound an animal for violation of this chapter or the laws of this state without providing a pre-impoundment notice of hearing under the following circumstances:

A. The owner and/or possessor of the animal provides consent for the impoundment;

B. The animal is at large;

C. The animal control officer has reasonable grounds to believe that the animal may be rabid;

D. The animal control officer has reasonable grounds to believe that the dog is a potentially dangerous or vicious dog;

E. To protect an animal which is injured, sick, starving or suffering from heat, cold or confinement, which is in need of immediate care;

F. When immediate seizure is necessary to protect from injury any animal which has strayed onto a public street or highway or other public place;

G. When the animal control officer has reasonable grounds to believe that immediate impoundment is necessary to protect the public health or safety of any person or animal;

H. Pending an administrative hearing for a potentially dangerous or vicious dog pursuant to Article IX of this chapter, HMC 6.04.570 or any judicial proceeding. (Ord. 1053 § 3, 2007. Code 1964 § 3.71.)

6.04.720 Impoundment of dogs running at large.

A. Notwithstanding any other provision of law, or this chapter, the animal control officer shall not seize or impound a dog for running at large in violation of this chapter when the dog has not strayed from and is upon private property owned by the owner of the dog, or upon private property to which such owner has a right of possession, nor shall the animal control officer seize or impound a dog which has strayed from but then returned to the private property of its owner, but in such a case a citation may be issued; provided, however, that if in such a situation the owner of the dog is not home, the dog may be impounded, but the animal control officer shall post a notice of such impounding on the front door of the residence of the owner. Such notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address and telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog if no action to regain it is taken by the owner within 72 hours after impoundment.

B. If the owner of the dog wishes to challenge the impoundment, such owner shall personally deliver or mail a written request for a hearing, such that it is received by the animal control officer within 72 hours after impoundment.

C. If a valid request for a hearing is filed, the animal control officer shall set the time and place for the hearing and cause notice of such hearing to be given pursuant to Article III of this chapter. The hearing shall be conducted pursuant to Article IV of this chapter.

D. Any unsterilized dog which is impounded a second time within a 12-month period for running at large, in violation of this section or other applicable provision of law, shall be spayed or neutered within seven days of the redemption. Written verification from the veterinarian performing the surgery shall be provided by the owner to the animal services director or his designee within 14 days of the surgery.

E. This section shall not otherwise affect an animal control officer’s authority to seize or impound a dog or issue citations as a result of a dog’s being on property other than that owned by its owner.

F. This section shall not be construed as prohibiting any person from killing a dog in the situations authorized by California Food and Agricultural Code Sections 31102 and 31104. (Ord. 1053 § 3, 2007. Code 1964 § 3.72.)

6.04.730 Hearing prior to animal deprivation.

Except as provided in HMC 6.04.690 and 6.04.710, an animal control officer may not seize or impound an animal for any violation of this chapter or state law except with the consent of the owner of the animal, unless a hearing on the impoundment is first held.

If the owner of any animal refuses to consent to the impoundment of such animal, the animal control officer may issue a notice setting the time and place for a hearing and commanding such owner to appear before the animal hearing officer at that time. The animal control officer shall cause notice of such hearing to be given pursuant to Article III of this chapter. The hearing shall be conducted pursuant to Article IV of this chapter. (Ord. 1053 § 3, 2007. Code 1964 § 3.73.)

6.04.740 Notification of impoundment.

A. When an animal is impounded pursuant to this article, except for HMC 6.04.690, animal services shall, except as otherwise provided, notify the owner of the animal of the impoundment within 24 hours. The owner of the animal shall be served with notice of the impoundment, either personally or by first-class mail with return receipt requested, if known. Such notice shall state the following:

1. The animal has been impounded;

2. The date and location of impoundment;

3. A description of the animal;

4. The location of where the animal is being held;

5. The name, address, and telephone number of the agency or person to be contacted regarding the redemption of the animal;

6. An indication of the ultimate disposition of the animal if no action is taken to redeem it by the owner within 72 hours after impoundment or a longer period if stated in such notice;

7. A summary of the estimated fees to be expected from the impoundment.

B. If the owner of an impounded animal is unknown (a stray), the above notice, in lieu of mailing, shall be posted on a bulletin board in a public area at the animal shelter and City Hall. A stray animal will be kept for a total of four business days before being made available for adoption.

C. When an animal is impounded pursuant to this article and the animal is of a type referred to in Food and Agricultural Code Section 17003, the animal services director shall immediately notify the Sonoma County agriculture commissioner and request assistance from the county for care and impoundment of the animal.

D. In addition to the notice required by this section, notice may also be given in any other manner deemed necessary or desirable. (Ord. 1092 § 1, 2010. Code 1964 § 3.74.)

6.04.750 Duration of impoundment.

Except as provided by HMC 6.04.690:

A. Any impounded dog found wearing a current dog license tag or other form of identification shall be kept at the City animal shelter for a period of not less than 10 days unless redeemed within such period.

B. Any impounded dog not wearing a current dog license tag or other form of identification shall be kept at the City animal shelter for a period of not less than four business days, not including the day of impoundment, unless redeemed within such period.

C. Any impounded livestock shall be kept at the City animal shelter or such other place as may be approved by the animal control officer for a period of not less than 14 days unless redeemed within such period.

D. Any other impounded animal shall be kept at the City animal shelter or such other place as may be approved by the animal control officer for a period of not less than four business days, not including the day of impoundment, unless redeemed within such period.

E. Any animal which is voluntarily surrendered to or deposited with the animal control officer shall be held for not less than four business days, not including the day of surrender or deposit, and shall be made available for owner redemption or adoption for the entire holding period.

F. Kittens (cats less than eight weeks old) or puppies (dogs less than eight weeks old) relinquished by the purported owner, or brought in by any other person with authority to relinquish them, may be made available immediately for adoption. (Ord. 1092 § 1, 2010. Code 1964 § 3.75.)

6.04.760 Redemption of impounded animal.

The owner of any impounded animal may, at any time prior to the disposition of the animal, redeem the same upon compliance with this chapter and state law, presentation of proof of ownership satisfactory to the animal control officer and payment of a redemption fee, and all other proper fees and charges accrued as provided for by this chapter. If the impounded animal is subject to licensure under this chapter, the owner shall comply with the licensing requirements for the animal prior to its release. Upon such redemption being made, animal services shall release the animal. (Ord. 1053 § 3, 2007. Code 1964 § 3.76.)

6.04.770 Disposition of impounded animals.

A. Any impounded animal, except livestock, which is not redeemed within the holding period specified in this article may, at the discretion of the animal control officer, be put up for adoption or humanely destroyed by the animal control officer. If an impounded animal is put up for adoption, such animal may be adopted by any qualified person upon submission of an application and payment of an adoption fee. If such animal is subject to licensure under this chapter, the person adopting the animal shall, prior to the animal’s release, comply with the licensing requirements for the animal. If such animal is a dog or cat which has not been previously spayed or neutered, such dog or cat shall be spayed or neutered. The person adopting such dog or cat shall, prior to such dog or cat’s release, provide a spaying or neutering deposit. The animal control officer shall designate on such dog or cat’s adoption papers the date by which the spaying or neutering shall be completed. Upon receipt of a notice from a veterinarian or spaying and neutering clinic that such dog or cat has been spayed or neutered, the animal control officer shall return the deposit to the person who adopted such dog or cat. If no such notice is received by the animal control officer within 30 days after the completion date designated on such dog or cat’s adoption papers, the deposit shall be forfeited to the City and the person who adopted such dog or cat may be cited for violation of this section and such dog or cat may be seized and impounded.

B. Any impounded livestock, except a bovine animal, which is not redeemed within the holding period specified in this article shall be put up for sale by the animal control officer. The animal control officer shall secure the highest possible price for each animal sold. All sales shall be for cash. The animal control officer shall deduct from the proceeds of any such sale all proper fees and charges accrued as provided for by this chapter and all other demands that have been filed with the animal control officer claiming interest in and to the proceeds of the sale. All demands made by third persons claiming ownership of or interest in an animal shall be made in writing under penalty of perjury and shall be accompanied by such other evidence of ownership as the animal control officer shall require. Any balance remaining after the payment of such fees, charges and demands shall be paid into the City treasury for the use of the owner of the animal. If such funds are not claimed by the owner within 30 days thereafter, the funds shall be forfeited to the City. The animal control officer may reject any or all bids for an animal not deemed adequate. If the animal control officer determines that an animal cannot be sold, the animal may be humanely destroyed by the animal control officer.

C. Any impounded bovine animal which is not redeemed within the holding period specified in this article shall be turned over to the State Bureau of Livestock Identification for disposition by the office.

D. No adoptable animal should be euthanized if it can be adopted into a suitable home. Adoptable animals include only those animals eight weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested no sign of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal’s health in the future. No treatable animal shall be euthanized. A treatable animal shall include any animal that is not adoptable but that could become adoptable with reasonable efforts. (Ord. 1053 § 3, 2007. Code 1964 § 3.77.)

6.04.780 No redemption or disposition of impounded animals without proof of proper care.

No impounded animal shall be redeemed by its owner, placed for adoption or sold unless the person receiving the animal provides proof satisfactory to the animal control officer that the animal will be maintained in accordance with the provisions of this chapter and state law. (Ord. 1053 § 3, 2007. Code 1964 § 3.78.)

6.04.790 No redemption or disposition of animals for research purposes.

No animal impounded pursuant to this chapter or voluntarily surrendered to or deposited with the animal control officer shall be redeemed, placed for adoption, sold or otherwise released to any person, institution or public agency for any research purposes, including, but not limited to, biomedical research, experimentation, instruction, toxicity testing or product testing. (Ord. 1053 § 3, 2007. Code 1964 § 3.79.)

6.04.800 Absence of liability for redemption or disposition.

No liability shall be incurred by the animal control officer or the City for the redemption or disposition of any animal made pursuant to this article. (Ord. 1053 § 3, 2007. Code 1964 § 3.80.)

6.04.810 Relief from fees during natural calamities.

Upon the recommendation of the animal control officer and with the approval of the City Council, the fees provided for in this article may be waived when animals have been impounded because of civic disorganization, disruption, or other conditions of devastation within the City due to fire, flood, earthquake, storm or other natural calamity. (Ord. 1053 § 3, 2007. Code 1964 § 3.81.)

Article XI. Kennels and Pet Shops

6.04.820 Commercial kennel, hobby kennel and pet shop license required.

No person shall conduct, operate or keep any commercial kennel, hobby kennel, or pet shop within the City without first obtaining a license pursuant to the provisions of this article. (Ord. 1053 § 3, 2007. Code 1964 § 3.82.)

6.04.830 Application for license.

Application for a commercial kennel, hobby kennel or pet shop license shall be made in writing to the animal control officer by the owner of the kennel or pet shop to be licensed. Such application shall be on a form approved by the animal control officer and shall be accompanied by a license fee, the amount of which shall be established pursuant to HMC 6.04.030. Such license fee shall be waived for any hobby kennel devoted exclusively to training or breeding assistance dogs if all other requirements for licensing under this article are met. The animal control officer shall require such proof of qualification as the animal control officer deems necessary prior to waiving the license fee for any hobby kennel. If the owner of any kennel or pet shop fails to make application for a kennel or pet shop license within 30 days after receipt of notice from the animal control officer to obtain a license, such owner shall pay a penalty for late licensing, the amount of which shall be established by resolution of the City Council. (Ord. 1053 § 3, 2007. Code 1964 § 3.83.)

6.04.840 Action on application.

A. Upon receipt of an application for a commercial kennel, hobby kennel or pet shop license, the animal control officer shall review the application and inspect the licensed premises. If the animal control officer finds that the requirements of this article have been complied with, the animal control officer shall register the kennel or pet shop in the records of animal services and issue the license applied for to the owner. If the animal control officer finds otherwise, the animal control officer shall deny the license.

B. When issuing a commercial kennel, hobby kennel, or pet shop license pursuant to this article, the animal control officer may make the license subject to such conditions as the animal control officer deems necessary to effectuate the purpose of this chapter and to protect the public health, safety and welfare. Failure to comply with any such condition shall be a violation of this chapter.

C. Upon issuing a commercial kennel or hobby kennel license pursuant to this article, the animal control officer shall provide the owner of the kennel with individual dog license tags for each dog covered by the license and, during the term of the license, shall, upon written application, provide such owner without charge any additional dog license tags required for new dogs coming into the owner’s possession under the license. (Ord. 1053 § 3, 2007. Code 1964 § 3.84.)

6.04.850 Expiration and renewal of license.

Every commercial kennel, hobby kennel, or pet shop license issued pursuant to this article shall be annual, expiring on the last day of December next following its date of issue. The procedure for renewal of any such license shall be the same as for obtaining an original license. If the owner of any kennel or pet shop fails to make application for the renewal of a kennel or pet shop license within 60 days after its expiration, or prior thereto, such owner shall pay a penalty for late renewal, the amount of which shall be established pursuant to HMC 6.04.030, in addition to the license fee required by HMC 6.04.830. (Ord. 1053 § 3, 2007. Code 1964 § 3.85.)

6.04.860 Denial or revocation of license.

The animal control officer may deny or revoke any commercial kennel, hobby kennel or pet shop license issued pursuant to this article in the following situations:

A. Whenever the animal control officer determines by inspection that the licensed premises violate any of the conditions of the license, this chapter, or state law.

B. Whenever the animal control officer has reason to believe that the owner of the kennel or pet shop has willfully withheld or falsified any information required for the license.

C. Whenever the animal control officer has reason to believe that the owner of the kennel or pet shop, or any agent or employee of the same, has been convicted by a court of law within the past five years of a violation of this chapter or any other law relating to animals, public nuisance caused by animals or cruelty to animals in this or any other state. For purposes of this section, a forfeiture of bail shall be deemed to be a conviction of the offense charged. (Ord. 1053 § 3, 2007. Code 1964 § 3.86.)

6.04.870 Appeal from denial or revocation of license.

A. Prior to denial or revocation of a commercial kennel, hobby kennel or pet shop license issued pursuant to this article, the animal control officer shall notify the owner of the kennel or pet shop in writing by certified mail of the intent to deny or revoke the license, the reasons for such denial or revocation, and that such owner may make a written request for a hearing before the animal control officer within 10 days after receipt of such notice if he or she desires to challenge the denial or revocation.

B. If a valid request for a hearing is filed, the animal control officer shall set the time and place for the hearing and cause notice of such hearing to be given pursuant to Article III of this chapter. The hearing shall be conducted pursuant to Article IV of this chapter.

C. If a commercial kennel, hobby kennel or pet shop license pursuant to this article is denied or revoked, the animal control officer shall not accept a new application from the same person for the same activity at the same location for two years after the date of denial or revocation unless the person shows and the animal control officer determines by investigation or inspection that the grounds upon which the application was denied or the license revoked no longer exist. (Ord. 1053 § 3, 2007. Code 1964 § 3.87.)

6.04.880 License not transferable.

No commercial kennel, hobby kennel or pet shop license issued pursuant to this article shall be transferable. (Ord. 1053 § 3, 2007. Code 1964 § 3.88.)

6.04.890 Display of license required.

Every commercial kennel, hobby kennel and pet shop licensing pursuant to this article shall post its license in some conspicuous part of the licensed premises. (Ord. 1053 § 3, 2007. Code 1964 § 3.89.)

6.04.900 Inspections.

As a condition to the issuance or renewal of any commercial kennel, hobby kennel or pet shop license pursuant to this section, the animal control officer shall have the authority to conduct periodic inspections of the licensed premises. The owner of the kennel or pet shop shall make available to the animal control officer such information regarding the operation of the kennel or pet shop as the animal control officer shall require. The animal control officer may impose an inspection fee, the amount of which shall be established pursuant to HMC 6.04.030, where it is found that the licensed premises violates any of the conditions of the license, this chapter or state law. (Ord. 1053 § 3, 2007. Code 1964 § 3.90.)

6.04.910 Regulations and standards for care, confinement, and treatment of animals.

The animal control officer shall establish regulations and standards for commercial kennel, hobby kennels and pet shops licensed pursuant to this article relating to the following:

A. The maximum number and species of animals to be kept on the licensed premises.

B. The construction, sanitation and maintenance of the facilities of the licensed premises.

C. Any other matters pertaining to the humane care, confinement and treatment of animals that the animal control officer deems necessary. (Ord. 1053 § 3, 2007. Code 1964 § 3.91.)

6.04.920 Required records for commercial kennels.

Every commercial kennel licensed pursuant to this section shall keep available for inspection on the licensed premises records showing all of the following:

A. The name, current address and telephone number of the owner of each animal at the kennel.

B. The date each animal entered the kennel.

C. The reason for each animal being at the kennel, such as for boarding, sale, breeding or grooming.

D. A description of each animal at the kennel, including its age, breed, sex and color.

E. A current valid rabies certificate for each animal over four months of age at the kennel. (Ord. 1053 § 3, 2007. Code 1964 § 3.92.)

6.04.930 List of animals sold or given away required.

Every commercial kennel and pet shop licensed pursuant to this article shall provide the animal control officer with a monthly listing of all animals sold, including the names and addresses of the purchasers of the animals sold or given away and including the names and addresses of the purchasers of recipients of the animals. Every hobby kennel licensed pursuant to this section shall provide the animal control officer with an annual listing of all puppies and kittens sold or given away, including the number of litters involved and the names and addresses of the purchasers or recipients of the animals. (Ord. 1053 § 3, 2007. Code 1964 § 3.93.)

Article XII. Rabies Control

6.04.940 Rabies control to be responsibility of health officer.

The health officer shall be responsible for supervising rabies control activities within the City in accordance with Chapter 1 (commencing with Section 121575) of Division 105 of the Health and Safety Code, Subchapter 1 (commencing with Section 2500) of Chapter 4 of Title 17 of the California Code of Regulations, such other laws, rules and regulations relating to rabies control as may be enacted or promulgated by the state, and the policies and procedures established by the board. The animal control officer shall cooperate with and assist the health officer in carrying out any measures necessary for rabies control, including, but not limited to, quarantining of animals and complying with directives of the health officer. (Ord. 1053 § 3, 2007. Code 1964 § 3.94.)

6.04.950 Rabies control fee.

The owner of any animal which has or is suspected of having rabies shall pay a rabies control fee to cover the costs incurred by the animal control officer in effecting a quarantine and in performing other associated rabies control activities in connection with such animal. The rabies control fee shall be in addition to any other fee charges imposed by this chapter. (Ord. 1053 § 3, 2007. Code 1964 § 3.95.)

Article XIII. Violations

6.04.960 Penalty.

Any violation of this chapter is a misdemeanor, unless a specific provision makes a violation an infraction. (Ord. 1053 § 3, 2007. Code 1964 § 3.96.)

6.04.970 Separate offense.

Every person violating any provision of this chapter shall be deemed guilty of a separate offense for each day, or portion thereof, during which the violation continues, and shall be punishable therefor as provided in this article. (Ord. 1053 § 3, 2007. Code 1964 § 3.97.)

6.04.980 Notice and service requirements.

When this chapter requires the provision of notice or service, the notice or service shall be in writing. If a right may be exercised or an act is to be done and the notice or service of it is required to be given but the time within which the notice or service must be given is not specified, the notice or service shall be given at least 10 days before the time the right must be exercised. The notice or service shall be served either personally or by first class mail in a sealed envelope with postage prepaid, addressed to the animal owner at his last known mailing address and deposited in a facility maintained by the United States Department of Postal Service. The person providing such notice or service shall sign a declaration under penalty of perjury that notice or service has been made. In the event that the last known address of the animal owner cannot be ascertained, the animal hearing officer or animal control officer shall sign a declaration under penalty of perjury that best efforts were made to provide notice or service to the animal owner. In the case of service by mail, notice or service is complete at the time the notice is deposited in the United States mail. (Ord. 1053 § 3, 2007. Code 1964 § 3.98.)

6.04.990 Enforcement.

Any provisions of this chapter may be enforced by the police department, fire department, the animal control officer or any authorized designee of the animal services director. Complaints of any violations of this chapter which are subject to penalties under this section may be presented to the district attorney’s office or to the City attorney for prosecution. (Ord. 1053 § 3, 2007. Code 1964 § 3.99.)

6.04.1000 Cost recover of abatement.

The costs of abating a public nuisance pursuant to the provisions of this chapter may be recovered from the owner of the animal causing the public nuisance. In any action, administrative proceeding, or special proceeding initiated by the City under this chapter, the prevailing party may recover attorneys’ fees. Recovery of attorneys’ fees by the prevailing party is limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. The award of attorneys’ fees to the prevailing party shall in no circumstance exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding. (Ord. 1053 § 3, 2007. Code 1964 § 3.100.)

6.04.1010 Animal control violators school.

A court of competent jurisdiction may order any person convicted of a violation of this chapter to attend a school for animal control violators for instruction in the care and control of animals, consistent with this chapter and state law. The curriculum of any such school shall be subject to the approval of the animal services director. (Ord. 1053 § 3, 2007. Code 1964 § 3.101.)

6.04.1020 Disposition of fines.

A. All fines collected for violations of Division 14 of the California Food and Agricultural Code shall be paid into the City treasury and used as follows:

1. First, to pay fees for the issuance of licenses and permits under this chapter.

2. Second, to pay fees, salaries, costs, expenses, or any or all of them for the enforcement of this chapter.

3. Third, to pay damages to owners of livestock which are killed by dogs.

4. Fourth, to pay costs of any hospitalization or emergency care of animals pursuant to Penal Code Section 597f.

B. All fines collected for violations of this chapter shall be paid into the City treasury and used as follows:

1. One-half as set forth in subsection (A) of this section;

2. One-half to pay for humane education and training. (Ord. 1053 § 3, 2007. Code 1964 § 3.102.)

For statutory provisions regarding the authority of the city to impose license fees, see California Food and Agricultural Code § 30804 and California Government Code § 38792.