Chapter 8.24
NUISANCE ABATEMENT
Sections:
8.24.010 Short title, purpose and scope.
8.24.020 Statutory authority/enforcement authority.
8.24.040 Property nuisances described.
8.24.060 Penalties – Cost recovery – Liens.
8.24.070 Conduct nuisances described.
8.24.080 Conduct nuisance penalties.
8.24.090 Animal nuisances described.
8.24.100 Animal nuisance penalties.
8.24.010 Short title, purpose and scope.
A. This chapter shall be known and cited as the “nuisance abatement ordinance.”
B. The city of Holtville has a responsibility to its residents and business owners to promote conditions that are beneficial to the health, safety and welfare of the entire community. The existence of public nuisances may have a detrimental effect on another person or property or a substantial number of other people and properties as well as the overall aesthetic quality of the city. The abatement of these conditions is in the best interest of the city and its residents and business owners.
C. The purpose of the nuisance abatement ordinance is to provide a comprehensive method for identification of certain public nuisances within the city of Holtville, encourage compliance where a public nuisance violation exists, and to establish the authority to abate and recover costs of abatement when the responsible party fails to comply.
D. The provisions adopted in this chapter shall not be exclusive but shall be cumulative and complementary to any other provisions of the city of Holtville’s ordinances and county, state and federal laws. Nothing in this chapter shall be read, interpreted or construed so as to limit any existing right or power of the city to pursue abatement of and/or abate any and all public nuisances.
E. This chapter shall apply to any and all properties within the city limits of Holtville.
F. The adoption of the ordinance codified in this chapter will repeal Ordinance 444, 2003. (Ord. 471 § 1, 2010).
8.24.020 Statutory authority/enforcement authority.
A. California Government Code Section 38771 authorizes a city to declare by ordinance what constitutes a public nuisance. Civil Code Section 3493 outlines the three remedies that a municipality can use to remove or abate the activity. Section 731 of the Code of Civil Procedure authorizes the city attorney to bring a civil action in the name of the people of the state of California to abate public nuisances. Penal Code Section 372 permits the filing of a criminal complaint. Government Code Sections 25485, 38771 and 38773.5 authorize cities to enact local enforcement ordinances that establish administrative procedures to abate public nuisances.
B. The California Constitution (Article XI, Section 7) grants cities the police power to enforce their nuisance ordinance.
C. Whenever there shall be done or exist within the city any act, thing, or condition of a kind which has been or may hereinafter be defined by ordinance as a public nuisance, the city manager or his/her designee acting as the enforcement official is authorized and directed to promptly cause its abatement as hereinafter provided. (Ord. 471 § 2, 2010).
8.24.030 Definitions.
A. In reference to buildings, structures or real estate located within the city, a “nuisance” is hereby defined to be:
1. Any condition declared by statute of the state of California or ordinance of the county of Imperial under their role as a building inspector for the city of Holtville to be a nuisance.
2. Any condition determined by the enforcement official to be a nuisance.
3. Any deterioration of property or structural materials or lack of repair or maintenance that is a hazard to health, safety, or welfare of its occupants or the public or, if not abated, will become a blighting or deteriorating factor in the neighborhood which impairs or adversely affects the value of the neighboring property. These conditions include but are not limited to the following:
a. Weeds including any of the following: weeds which when mature bear seeds of a downy or wingy nature; any brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property; weeds which are otherwise noxious or dangerous; poison oak and poison ivy when the conditions are such as to constitute a menace to the public health; dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.
b. Rubbish including waste matter, litter, trash, refuse, debris, dirt, dry grass, dead trees, tin cans, paper, animal waste, and waste material of every kind, or other unsanitary substance, object or condition which is or when dry may become a fire hazard, or which is or may become a menace to health, safety or welfare, or which is offensive to the senses.
c. Nuisance property including the following: vehicles, not limited to unregistered, inoperative or dismantled vehicles or vehicle parts; abandoned and broken equipment or machinery or parts thereof; building materials not currently being used for the construction of improvements on the site; appliances, household furnishings or equipment, tools, machines, garbage cans, packing boxes, and broken or discarded furniture.
d. Failing or failed septic system including solid waste pipe, any septic tank or septic system that is cracked, leaking or collapsed; rusted out or having a damaged outlet tee baffle; grease traps and overflow sewage; emitting odors; evidencing mushy spots on the surface of the ground or surface effluent or surface water over or draining from the leach field.
B. Abandoned. In addition to those definitions provided by state codes, local ordinances and case law, the term “abandoned” means and refers to any item which has ceased to be used for its designed and intended purpose. The following factors, among others, will be considered in determining whether or not an item has been abandoned:
1. Present operability and functional utility;
2. The date of last effective use;
3. The condition of disrepair or damage;
4. The last time an effort was made to repair or rehabilitate the item;
5. The status of registration or licensing of the item;
6. The age and degree of obsolescence;
7. The cost of rehabilitation or repair of the item versus its market value; and
8. The nature of the area and location of the item.
C. “Abatement” means the removal, stoppage, prostration, or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying or effacing it. “Abatement” also means taking any necessary corrective actions, including repairs.
D. “Dismantled” means that from which essential equipment, parts or contents have been removed or stripped and the outward appearance verifies the removal.
E. “Enforcement officer” means the city officer or employee as may be designated in writing by the city manager to enforce property or premises maintenance, zoning and other city code violations, including the current fire chief.
F. “Graffiti,” as used in this section, shall mean defacement, damage, or destruction by the presence of paint or ink, chalk, dye, or other similar substances; or by carving, etching, or other engraving.
G. “Inoperative vehicle” means any motor vehicle which cannot be moved under its own power, or cannot be operated lawfully on a California public street or highway, due to removal of, damage to, or inoperative condition of any component part or the lack of an engine, transmission, wheels, tires, doors, windshield or any other part necessary for such movement or lawful operation, regardless of whether the vehicle is registered or licensed; vehicle can still be towed.
H. “Lienholder” means any person, as defined in this chapter, who has a recorded interest in real property, including mortgages, beneficiary under a deed of trust, or holder of other recorded liens or claims of interest in real property.
I. “Owner” means the owner of record based on the Imperial County assessor’s record or any person with legal, financial or equitable interest in the property on which the alleged public nuisance exists at the time of violation.
J. “Person” means any individual, partnership, joint venture, corporation, association, social club, fraternal organization, trust, estate, receiver, or any other entity.
K. “Premises” means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, occupied or unoccupied, including adjacent streets, sidewalks, parkways and parking strips.
L. “Property” means any real property, premises, structure or location on which a public nuisance is alleged to exist.
M. “Septic system” or “septic tank” means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel(s) as the structure. An individual sewage disposal system may be owned by a property owner or by a group of property owners. The term “septic tank” encompasses both closed tanks and open tanks.
N. “Sewer collection system” means a network of sewer lateral, branch, truck and outfall gravity pipelines that convey wastewater from residential, commercial, industrial and institutional users to a point of treatment. Sewer pump stations and sewer force mains which convey wastewater to branch, trunk or outfall gravity pipelines are also a part of a sewer collection system.
O. “Structure” means anything constructed, built or planted upon, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which structure requires location on the ground or is attached to something having a location on the ground, including fences, gates, garages, carports, swimming and wading pools, patios, outdoor areas, paved areas, walks, tennis courts and similar recreation areas.
P. “Summary abatement” means abatement of the nuisance by the city of Holtville, or contractor employed by the city, by removal, repair, or other acts without notice to the owner, agent, or occupant of the property except for the notice required by this chapter. (Ord. 471 § 3, 2010).
8.24.040 Property nuisances described.
Following are some examples of situations that constitute a property nuisance. The list shall not be considered exhaustive. Additional situations may be determined to be a public nuisance by the city’s enforcement official or otherwise under this chapter.
A. Streets, Alleys, Public-Use Sidewalks.
1. It shall be the duty of every person owning or occupying any lot or block of land in the city of Holtville which shall be bounded on any side by any legally established public-use sidewalk, street, lane, or alley, or other public thoroughfare, to keep such street, public-use sidewalk, lane or alley free from all rubbish, filth, garbage, animal waste, and obstructions of every kind, as far as the middle of such street or alley and as far as the edge of such public-use sidewalk nearest to the street and as far in length as the corresponding dimensions of such lot or block. This chapter shall not prevent a person from using one-half of the street adjoining his premises for a reasonable time when such use may be necessary for the purpose of collecting and using materials for building or repairing buildings, nor to prevent any person from depositing goods, wares, and merchandise upon any public-use sidewalk, lane, or alley in Holtville for the purpose of immediately conveying them across the same.
2. No person shall throw, deposit, or place any rubbish, filth, garbage, or obstruction of any kind except as hereinabove provided in or upon a public street, lane, public-use sidewalk, or alley.
3. It is unlawful for any person, firm or corporation to deposit, drain, wash, allow to run over or upon, divert onto, across or upon any public-use sidewalk, street or alley within the city of Holtville mud, sand, oil, petroleum or any toxic substance.
4. It shall be unlawful for any person, firm or corporation to deposit on any public-use sidewalk, street or alley in the city of Holtville any material that by excessive weight will cause to crack, break or collapse, or that may be harmful to, the pavement surface thereof, or any waste material, glass or other articles that may do injury to any person, animal or property.
5. Car Repair. It is unlawful for any person, firm or corporation to repair or cause to be repaired, grease or caused to be greased, construct or cause to be constructed any vehicle or any part thereof upon any public-use sidewalk, street or alley in the city of Holtville. Temporary emergency repairs not lasting more than 24 hours may be made upon a public street.
B. Weeds, Rubbish, Debris, Junk.
1. It is unlawful for any person owning, occupying, renting, managing, or controlling any real property in the city to cause or permit any weeds, or to place, cause or permit any rubbish, to be or remain on any real property in the city or on portions of streets adjoining such real property to the center line of such streets. It shall be the duty of every such person to remove or destroy such weeds and/or rubbish.
2. Trash disposal must be made in an appropriate manner, i.e., through the city’s contracted trash pick-up service, self-haul to an approved disposal site, or composting in a backyard compost pile.
C. Real Property Maintenance. It is unlawful for any person owning, renting, leasing, occupying, managing or having charge or possession of any real property in this city to maintain such premises in such a manner that any of the following conditions are found to exist thereon:
1. A building, structure or portion thereof which is in a dilapidated or dangerous condition so as to be unfit, unsafe, or unsuitable for human occupancy. Such conditions include but are not limited to:
a. Inadequate or inoperable mechanical, electrical, plumbing, or sanitation systems or equipment;
b. Lack of sound and effective exterior walls or roof covering to provide weather protection;
c. Lack of structural integrity, including deteriorated or inadequate foundations, joints, vertical or horizontal support;
d. Broken, missing, or inoperable windows or doors constituting a hazardous condition or a potential attraction to trespassers;
e. Broken, deteriorated, or substantially defaced structures visually impacting on the neighborhood or presenting a risk to public safety.
2. An abandoned building or structure such as:
a. An unoccupied and unsecured building or structure;
b. A partially constructed, reconstructed, or demolished building or structure where work is abandoned for 120 consecutive days;
c. A damaged or partially destroyed building or structure not removed or repaired within 120 days after the damage or destruction, or, if the removal or repair cannot reasonably be accomplished within 180 days, arrangements must be made with the city building official.
3. Property maintained in a condition so defective, unsightly, or in a state of such deterioration, disrepair or neglect that it causes a health, safety or fire hazard or an attractive nuisance to children such as the following:
a. The accumulation of dirt, litter, refuse, trash or debris in carports, parking areas, driveways, front yards, side yards, rear yards, vestibules, doorways of buildings, the adjoining sidewalk, or alley;
b. Storage of personal property (other than items designated for outdoor use) in front, exterior side, or rear yard areas visible to public view, including, but not limited to, unregistered, inoperative or dismantled vehicles or vehicle parts, building materials not currently being used for the construction of improvements on the site, appliances, household furnishings or equipment, tools, machines, garbage cans, packing boxes, debris, rubbish, and broken or discarded furniture;
c. Trees, weeds or other vegetation which are dead, decayed, infested, diseased, overgrown, or likely to harbor rats or vermin, or which are visually unsightly;
d. Abandoned and broken equipment or machinery, or parts thereof;
e. Fences or walls which lack structural support because of missing or wet soil, missing or failed footings, or missing or failed fastenings, or which otherwise do not stand erect; which are in disrepair due to damage, crumbling mortar, missing bricks or wood, rotted wood, breaks or dents in their structure;
f. A vehicle or vehicles parked or stored in a front or side yard, except on a driveway or a paved area or behind a solid fence or wall a minimum of six feet in height, on lots in a residentially zoned district;
g. Parking of vehicles on dirt, grass, or yard surfaces not intended and approved for parking;
h. Clothing, linen, towels, laundry, rugs, mattresses, and other similar material hung, placed, or attached to power lines, trees, bushes, fences, buildings, railings, or walls and visible from public property or an area open to the public. Properly installed and maintained clotheslines are permitted;
i. Waste matter or personal property placed on rooftops;
j. Vehicle or vessel repair which occurs in a residentially zoned district and is offensive or detrimental to the health, safety, or welfare of other persons, or which substantially interferes with the reasonable enjoyment of property by other persons, because of the substances, odors, noise, or visual clutter created by the repair; or because of the items stored in connection with the repair; or because the repair is performed on a vehicle not owned by the occupant of the property.
4. Buildings, structures, or other surfaces upon which graffiti exists.
5. Any building or structure that is a public nuisance under common law. (Ord. 471 § 4, 2010).
8.24.050 Abatement.
A. Abatement Authority.
1. The California Constitution (Article XI, Section 7) grants the city, the Holtville fire department and the Imperial County sheriff’s office authority to enforce their nuisance ordinance.
2. The city has the authority to make the costs of any and all abatement proceedings a special assessment against the parcel collectible at the same time and in the same manners as ordinary taxes through recording a lien on the property.
B. Summary Abatement (Immediate or Emergency Need).
1. Summary abatement shall be executed when the enforcement official determines that the public nuisance constitutes an immediate and/or imminent peril to public health, safety or general welfare.
2. Summary abatement is the abatement of the nuisance by the city, or a contractor of the city, by removal, demolition, repair or other acts with or without notice to the owner, agent or occupant of the property. The abatement shall be at the expense of the person causing, committing or maintaining the nuisance or the owner of the property on which it is occurring.
C. Administrative Abatement Procedure (Nonemergency). Administrative abatement proceedings as described below will take place when the nuisance is of a nonemergency nature, and the enforcement official determines that the nuisance violates this chapter.
1. First Notice Courtesy Letter. Upon determination by an enforcement official that a nuisance exists, a courtesy letter will be delivered to the owner, occupant, lessee and/or agent of the property where the nuisance is occurring. The courtesy letter will be CC’d to planning commission and will provide the following information:
a. Give a sufficient description to identify the property where the nuisance is occurring and shall include the parcel number and address.
b. Quote appropriate ordinance section pertaining to the complaint.
c. Describe the condition causing the nuisance.
d. Include a description of corrective action that must occur to remedy the violation.
e. Advise the owner, occupant, lessee and/or agent of the property that the nuisance must be abated within 14 days of the date of receipt of the courtesy letter.
f. Advise the owner, occupant, lessee and/or agent of the property that failure to abate the nuisance within 14 days will result in further action.
2. Second Notice and Order. If the nuisance is not abated within 14 days of delivery of the courtesy letter, the city will deliver by certified mail a notice of violation and order to abate to the property owner as listed in the latest county assessor’s listing. The notice and order will:
a. Give a sufficient description to identify the property where the nuisance is occurring and shall include the parcel number and address.
b. Quote appropriate ordinance section pertaining to the complaint.
c. Describe the condition causing the nuisance.
d. Include a description of corrective action that must occur to remedy the violation.
e. Provide dates by which the violation must be commenced and entirely abated. Commencement must occur within five days and abatement must be complete in a specified amount of time no less than 30 days, depending on the nuisance, unless an extension is granted by the enforcement official. The dates shall be set by the enforcement official.
f. Provide a description of the penalties of failure to remedy the nuisance within the specified time, defined as $50.00 per day each day beyond the specified time limits until the nuisance is abated, up to a maximum of $1,000. Give notice that if the nuisance has not been abated within 30 days of the specified time limit the city shall have the authority to abate the nuisance itself or via a contractor and that the responsibility for the costs of abatement, including the costs of actual removal or demolition and the associated administrative and legal costs, will be assessed to the owner, lessee and/or occupant of the land on which the nuisance is located and that failure to comply may also warrant the pursuit of further civil and/or criminal charges in accordance with the laws of the state of California. Describe the rights of the property owner, lessee and/or occupant of the land and their ability to request a public hearing before the city council and that they have two weeks to file said motion.
3. Weed Abatement. The city shall gain the authority for complete abatement to abate/destroy weeds, dry grass, rubbish and other inflammable material or vegetation 30 days from the delivery of the courtesy letter. The costs of such abatement, including administrative costs, shall be the responsibility of the property owner.
D. Delivery of Notices and Abatement Procedure for Abandoned or Inoperable Vehicles Shall be Done per Ordinance 343, 1973 (Chapter 9.52 HMC).
1. Any notice or letter required to be delivered by this chapter shall be deemed to have been delivered when a copy of said notice is either served personally or has been deposited in the mail, postage prepaid, certified, return receipt requested to the owner and/or occupant, lessee or agent of the property. A copy of the notice may also be prominently affixed to the premises. If no address can be found or is known to the city, then any notice shall be so mailed to such person at the address of the premises where the nuisance is occurring.
E. Appeal Procedures/Public Hearing.
1. Upon written request by the owner, lessee or occupant of the property received by the city within 10 calendar days of delivery of the notice and order, a public hearing shall be scheduled before the next regularly scheduled city council meeting to determine whether a nuisance in fact exists. Any person affected may be present at such hearing, may be represented by counsel, may present testimony, and may cross-examine the enforcement official, and other witnesses. The hearing may be continued from time to time by motion of the majority of the city council. The city may set the matter for public hearing whether or not a public hearing has been requested by an affected owner, lessee or occupant of the property.
2. Within the same period, the owner, lessee or occupant of the property may submit to the city in writing a sworn declaration that the nuisance does not exist and/or is not their responsibility. In this case, the enforcement officer may call a public hearing and the hearing may proceed without the party present. The decisions made by the city council shall be binding.
3. Determination of the Council. Upon conclusion of a hearing, the council may terminate the abatement proceedings or order the abatement to proceed.
a. The city council may grant additional time for the responsible party to effect the abatement of the nuisance; provided, that such an extension is warranted and limited to a specific time period, set by a motion and passed by a majority of the city council.
b. If the city council determines that the nuisance shall be abated, the violator shall have 10 days from that determination to abate the nuisance. Failure to do so will result in the accruing of penalty fees and further action.
F. Jurisdiction to Abate.
1. Should any public nuisance not be abated within 30 days of the date stated in the notice and order or within the time extension granted by the city council, the city shall have the authority to enter the property and abate the public nuisance.
2. In abating the nuisance, the city may utilize any legal remedy necessary to complete the abatement of the public nuisance including removal and demolishing of the nuisance. In its discretion the city may seek judicial review and permission to abate any nuisance from any court of competent jurisdiction. All costs shall be recoverable from the property owner, including attorneys’ fees. (Ord. 471 § 5, 2010).
8.24.060 Penalties – Cost recovery – Liens.
A. Penalty.
1. Each day in which a public nuisance is not abated following the commencement and completion dates specified in the notice and order will constitute a separate infraction of this chapter with a penalty of $50.00 per day or as otherwise determined by the city council by resolution, up to a maximum of $1,000. Additional civil and criminal charges or penalties may be imposed in accordance with the laws of the state of California.
2. Repeat violations of this chapter by the same responsible party within one year of delivery of the first notice and order may result in higher per-day penalties, up to $100.00 per day, up to a maximum of $2,000.
B. Cost Recovery.
1. Costs. In the event that the owner, lessee, or occupant does not abate the nuisance within the time period specified in the notice and order, the city shall retain the right to abate the public nuisance at the expense of the responsible party. Expenses to the owner, lessee, or occupant shall include the actual costs of abatement as well as the associated administrative and legal costs, including court costs and attorneys’ fees, city personnel costs, and penalties.
2. Assessment of Costs and Penalties. At a regularly scheduled city council meeting, of which responsible parties will be notified, the council shall hear and consider the account, penalties and proposed assessment, together with objections and protests. The council may make such modifications and revisions of the proposed assessment as it deems just, and may order the account and proposed assessment confirmed or denied, in whole or in part, or as modified and revised. The determination of the council shall be final and conclusive.
3. Penalties and/or costs will be billed directly to the responsible party. Failure to pay will result in the preparation and recording of a lien.
C. Lien.
1. Upon failure of the responsible party to pay penalties and costs, and upon confirmation by the enforcement official, the enforcement official shall cause to be prepared and recorded in the office of the county recorder of the county of Imperial a notice of lien. Said notice shall contain the following:
a. An address, parcel number, legal description or other description sufficient to identify the premises.
b. A description of the proceedings under which the special assessment was made, including the order of the council confirming the assessment.
c. The amount of the assessment.
d. A claim of lien upon the described premises.
2. Upon the recordation of such notice of lien, the amount claimed shall constitute a lien upon the described premises.
3. Collection with Ordinary Taxes. The notice of lien, after recordation, shall be delivered to the county auditor, who shall enter the amount of the lien on the assessment roll as special assessments. Thereafter the amount set forth shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest, and to the same procedures for foreclosure and sale in case of delinquency, as are provided for ordinary city taxes, and all laws applicable to the levy, collection and enforcement of city taxes are hereby made applicable to such assessment.
4. The city reserves the right to take such other and further enforcement and/or collection action as it deems appropriate. (Ord. 471 § 6, 2010).
8.24.070 Conduct nuisances described.
A. Noise.
1. It shall be unlawful for any person to make, continue or cause to be made or continued, within the limits of the city of Holtville, any disturbing, excessive or offensive noise which causes discomfort or annoyance to any reasonable persons of normal sensitivity residing in the area.
2. The following acts, among others, are declared to be offensive, loud, disturbing, and unnecessary noises originating from residential properties or on public ways in violation of this section, but such enumeration shall not be deemed to be exclusive:
a. The using, operating, or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, stereo, television, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet, and comfort of neighboring residential inhabitants at any time with volume louder than is necessary for convenient hearing for the persons who are in the room, vehicle, or chamber in which such machine or device is operating and who are voluntary listeners. The operation of any such set, instrument, phonograph, stereo, machine, or device between the hours of 10:00 p.m. to 6:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the residential building, structure, or vehicle in which it is located shall be prima facie evidence of a violation of this section;
b. The using, operating, or permitting to be played, used, or operated of any radio receiving set, stereo, tape recorder, sound amplifier, or other machine or device for producing or reproducing sound from any motor vehicle on any public street at any time with volume louder than is necessary for convenient hearing for the persons who are in the motor vehicle in which such sound machine or device is operating and who are voluntary listeners. The operation of any such sound machine or device in such a manner as to be plainly audible at any time at a distance of 10 feet from the motor vehicle in which it is located shall be prima facie evidence of a violation of this section;
c. Yelling, shouting, hooting, whistling, or singing originating from any residential property or upon any public way at any time so as to annoy or disturb the quiet comfort or repose of persons in the vicinity; and
d. Construction-related noise near residential uses. Construction work or related activity which is adjacent to or across a street or right-of-way from a residential use, except between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, or between 8:00 a.m. and 7:00 p.m. on Saturday and Sunday. No such construction is permitted on federal holidays. As used in this section, “construction” shall mean any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, for or on any private property, public or private right-of-way, streets, structures, utilities, facilities, or other similar property. An exception to this rule is during summer months when a special permit may be obtained from Imperial County planning development services. This does not apply to emergency repair work performed by or on behalf of public agencies. (Ord. 471 § 7, 2010).
8.24.080 Conduct nuisance penalties.
Any person or persons violating any provision or provisions of HMC 8.24.070 shall be deemed guilty of a misdemeanor, and shall be punishable on conviction by a fine of not more than $1,000, or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment. (Ord. 471 § 8, 2010).
8.24.090 Animal nuisances described.
A. Horses and Other Farm Animals (Livestock).
1. It is unlawful for any person to cause or permit or allow any domestic chicken, turkey, duck, swine, goose, horse, burro, mule, cow, bull, steer, ox, sheep, goat or pig to run at large or to be astray within the corporate limits of the city of Holtville.
2. It shall be the duty of all animal owners, allowing their animals off their property, to clean up after the animal. Owners allowing animals to defecate on property other than their own shall clean up after their animal. Owners in violation of this section shall be cited.
3. No person shall ride, drive or lead a horse along or upon any sidewalk in the city of Holtville.
4. In addition to the summary abatement procedures listed in this chapter, the burial of any animal shall be prohibited within the city of Holtville.
B. Dog licensing and regulations shall be governed by Ordinance 267, 1961 (HMC Title 7). (Ord. 471 § 9, 2010).
8.24.100 Animal nuisance penalties.
Any person violating the provisions of HMC 8.24.090 shall be deemed guilty of a misdemeanor, and upon conviction shall be subject to a fine not to exceed $1,000 and imprisonment in the county jail not to exceed one year, or both. (Ord. 471 § 10, 2010).