Chapter 9.05 ANIMALS

Chapter 9.05
ANIMALS

Sections:

Article I. County Animal Control Code

9.05.010 Adoption by reference.

9.05.020 Request enforcement in city.

9.05.025 Penalties.

9.05.027 Administrative penalties.

Article II. Pigeons

9.05.030 Purpose.

9.05.040 Definitions.

9.05.050 Requirements.

9.05.060 Leg bands required.

9.05.070 Inspection.

Article III. Animal Traps

9.05.080 Prohibition of steel-jawed leghold animal traps.

9.05.090 Definitions.

Article I. County Animal Control Code

9.05.010 Adoption by reference.

The board of supervisors of Contra Costa County has adopted County Ordinance Nos. 80-97, 83-10, 85-23, 87-74, 97-33, 2005-24, 2006-05, 2011-08, 2011-09, 2016-02 and 2017-12 (constituting Chapters 416-2 through 416-12 of Division 416 of the County Ordinance Code). Certified copies of Division 416 are on file with the city clerk and are open to public inspection. This animal control code, excepting all penalty provisions, is hereby referred to and adopted by reference as though set forth in full, as provided for in Government Code section 50022.2. (Ord. 923 § 2, 2018; Ord. 812 § 1, 2006)

9.05.020 Request enforcement in city.

The county ordinance referred to and adopted contains the provisions of those sections of the California Food and Agricultural Code referred to in Food and Agricultural Code section 30501, and therefore the city ordinance codified in this section constitutes the city’s request that the provisions of this county ordinance be applicable within this city, and they shall hereafter so apply, pursuant to Food and Agricultural Code section 30501. (Ord. 923 § 2, 2018; Ord. 463 § 1, 1981; 1991 code § 7-1.2)

9.05.025 Penalties.¹

A. General penalties. The penalties set forth in Contra Costa County Code section 416-4.604 are hereby adopted as follows:

1. Notwithstanding Contra Costa County Code section 14-8.004, and pursuant to Food and Agriculture Code section 31401, violations of Division 416 of the Contra Costa County Code, excepting Chapter 416-10 and Article 416-12.2, are punishable by a fine of not more than $50.00 dollars for the first offense, and not more than $100.00 for the second or subsequent offense.

2. Notwithstanding subsection A.1 of this section, violation of Contra Costa County Code section 416-4.404, Abandonment, excluding abandonments under Contra Costa County Code section 416-8.014, is a misdemeanor and punishable as such.

B. Rabies control violations – Contra Costa County Code section 416-10.012. Violation of Contra Costa County Code Chapter 416-10, except for the provisions of section 416-10.010(b), is a misdemeanor. Every misdemeanor violation is punishable, upon conviction thereof, by imprisonment in the county jail for not over six months and/or by a fine of not over $1,000. (See Gov’t. Code § 36901; Pen. Code § 19.) Violation of Contra Costa County Code section 416-10.010(b) is subject to subsection A.1 of this section.

C. Violation of Contra Costa County Code Article 416-12.2, Nuisance, is an infraction. Except as otherwise provided by statute, every infraction violation is punishable, upon conviction thereof, by:

1. A fine not exceeding $100.00 for a first violation;

2. A fine not exceeding $200.00 for a second violation of the same ordinance within one year;

3. A fine not exceeding $500.00 for each additional violation of the same ordinance within one year. (See Gov’t. Code §§ 36900 and 25132(b); Contra Costa County Code section 14-8.002.)

D. Animal noise violations – Contra Costa County Code section 416-12.202. The department may issue an administrative penalty under Contra Costa County Code Article 416-4.8 to any responsible person for a violation of Contra Costa County Code section 416-12.202 based on either or both of the following:

1. An observation of the violation by a department employee.

2. A complaint, signed under penalty of perjury, lodged by a person who has been disturbed by the barking dog or noisy animal.

E. Penalties for violation of dangerous animal permit – Contra Costa County Code section 416-12.434. It shall be a misdemeanor for any owner or keeper of an animal previously designated as dangerous to violate any of the conditions of the dangerous animal permit under Contra Costa County Code section 416-12.422 of Article 416-12.4, punishable as provided by law. If an owner or keeper is convicted of violating this section, the court may, upon good cause, order the dangerous animal seized, declared a nuisance and destroyed. Any person convicted in violation of this section shall be prohibited from owning, harboring or keeping any animal within Contra Costa County for a minimum of five years.

F. Prohibited dog ownership by convicted felons – Contra Costa County Code section 416-12.436.

1. Any person who has been convicted of a felony under the laws of the United States, of the state of California, or any other state, government, or country who owns, purchases, receives, or has in his or her possession or under his or her custody or control a dog that poses a danger to the public’s health, safety or welfare if misused by a convicted felon is guilty of a misdemeanor, unless the person possesses a current, valid prohibited dog permit for that dog as provided in Contra Costa County Code section 416-12.438. A convicted felon under Contra Costa County Code Article 416-12.4 shall not include felons whose convictions were set aside pursuant to Penal Code section 1203.4. “Misuse” by a convicted felon means use of a dog in a threatening or aggressive manner, or in the commission of a crime.

2. Any dog whose owner or keeper is in violation of this section shall be impounded, or impounded subject to destruction, at the owner’s expense.

3. A dog that poses a danger to the public’s health, safety or welfare if misused by a convicted felon under this section means any of the following:

a. A dog weighing more than 20 pounds;

b. A dog who has been designated a potentially dangerous or dangerous animal under Contra Costa County Code sections 416-12.402 and 416-12.404;

c. A dog designated by the animal services director as posing a danger to the public’s health, safety or welfare if misused by a convicted felon based upon the following factors:

i. The nature of any complaints regarding the dog;

ii. The strength of the dog, including jaw strength;

iii. The dog’s tolerance for pain;

iv. The dog’s tendency to refuse to terminate an attack;

v. The dog’s potential propensity to bite humans or other domestic animals;

vi. The dog’s potential for unpredictable behavior;

vii. The dog’s aggressiveness;

viii. The likelihood that a bite by the dog will result in serious injury.

This section shall not apply to any assistance dog, including guide dogs, signal dogs and service dogs, trained or in training to assist a qualified individual with a disability. (Ord. 923 § 2, 2018)

9.05.027 Administrative penalties.²

This section sets forth Article 416-4.8 of the Contra Costa County Code, as adopted by Contra Costa County Ord. No. 2017-12, and provides for administrative fines that the animal services department may impose, enforce, and collect to address any violation of Division 416 as adopted by the city of Pleasant Hill.

416-4.802 – Applicability and Authorization.

(a) This article provides for administrative fines that the animal services department may impose, enforce, and collect to address any violation of this division.

(b) Remedies under this article are in addition to any other remedy allowed by this code or applicable law.

416-4.804 – Definitions.

For purposes of this article, the following words and phrases have the following meanings:

(a) “Complainant” means a person who reports a violation of any section of Division 416 to the department.

(b) “Department” means the animal services department.

(d) “Hearing examiner” means the animal services director, or the animal services director’s designee.

(e) “Responsible Person” means any of the following:

(1) A person who possesses, has title to, has an interest in, or has control, custody or possession of an animal or the property on which an animal is kept.

(2) A person who allows, or whose agent, employee, or contractor allows, a barking dog or other noisy animal violation to exist, whether through action, failure to act, or failure to exercise control over a barking dog or other noisy animal.

(3) For purposes of this article, there may be more than one responsible person for a barking dog or other noisy animal violation.

(f) “Service date” means the date a notice or decision is served in accordance with Section 416-4.816.

416-4.806 – Administrative Fines.

(a) Notice of violation. If a violation is a continuing violation, such as the failure to obtain a dog or cat license, the department will first serve a notice of violation on the responsible person as specified in Section 416-4.816. The notice of violation will include all of the following information:

(1) The date of the violation.

(2) The name of the responsible person.

(3) The address or location where the violation occurred.

(4) The code section(s) violated and a description of the violation.

(5) Whether the violation(s) were established by inspection or by complaint, if applicable.

(6) A description of how the violation can be corrected.

(7) A specified time period of at least ten calendar days, beginning on the service date, within which the violation must be corrected.

(8) An advisement that the owner may be subject to an administrative fine under this article if the violation is not corrected by the effective date, and the amount of that fine.

(b) The department may impose an administrative fine on a responsible person if any of the following occur:

(1) The violation is not a continuing violation, such as a violation of the animal noise ordinance.

(2) The continuing violation has not been corrected in the time period specified in the notice of violation.

(3) The continuing violation was corrected as specified in the notice of violation, but a violation of the same section continues, exists, or occurs within one year after the effective date.

(c) Notice of fine. An administrative fine will be assessed by means of a notice of fine. The responsible party will be served with the notice of fine as specified in Section 416-4.816. The notice of fine will include all of the following information:

(1) The date of the violation.

(2) The code section(s) violated and a description of the violation.

(3) The amount of the fine.

(4) An advisement of the right to request a hearing before the hearing examiner, contesting the imposition of the fine.

(d) For a continuing violation, the amount of the fine is one hundred dollars for the first notice of fine. If the owner fails to correct the violation after the first notice of fine, and a second notice of fine is issued in the same year, the amount of the fine in the second notice is two hundred dollars. If the owner still fails to correct the violation after the second notice of fine, the amount of the fine is five hundred dollars for each additional notice of fine that is sent within one year.

(e) If the violation is not a continuing violation, the amount of the fine is one hundred dollars for a first violation, two hundred dollars for a second violation of the same section within one year, and five hundred dollars for each additional violation of the same ordinance within one year.

416-4.808 – Hearings.

(a) Any person upon whom an administrative fine is imposed by the department may request a hearing pursuant to the procedures set forth in this section. The appellant must file a written appeal with the department within fifteen calendar days after the service date of the notice of fine. The written appeal must contain:

(1) A brief statement explaining who the appealing party is and what interest the appealing party has in challenging the imposition of the fine; and

(2) A brief statement of the material facts that the appellant claims supports his or her contention that no administrative fine should be imposed or that an administrative fine of a different amount is warranted.

(b) Notice of the hearing will be served on the appellant and the complainant, if any, as specified in Section 416-4.816. The department will set the hearing no sooner than twenty days and no later than forty-five days following the service date of the notice of hearing.

(d) At the hearing, the appellant and complainant, if any, will be given the opportunity to testify, and present written and oral evidence.

(e) An appellant’s failure to appear at the hearing shall constitute an abandonment of any defense the appellant may have to the administrative fine.

(f) Where applicable, a complainant’s failure to appear at the hearing shall constitute an abandonment of the complaint and shall be grounds for a dismissal of the administrative fine.

(g) After considering the testimony and evidence submitted at the hearing, or after the appellant or complainant has failed to appear at the hearing, the hearing examiner will issue a written decision to uphold, modify, or cancel the administrative fine and will list in the decision the reason or reasons for that decision. The decision will be served as specified in Section 416-4.816.

416-4.810 – Final Administrative Order.

The imposition of the administrative fine becomes a final administrative order at one of the following times:

(a) On the date the notice of fine is served, if the responsible party fails to file a written appeal to the department within the time specified.

(b) On the date the written decision by the hearing examiner is served, if the responsible party files a written appeal to the department within the time specified.

416-4.812 – Payment of the Fine.

The fine must be paid to the county within thirty days after the imposition of the administrative fine becomes a final administrative order. Payment of a fine under this article does not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the notice of fine. The payment of a fine does not bar the county from taking any other enforcement action regarding a violation that is not corrected.

416-4.814 – Collection.

If the fine is not paid within thirty days after the imposition of the fine becomes a final administrative order, the county may collect the fine, the county’s collection costs, and interest. An administrative fine accrues interest at the same annual rate as any civil judgment, beginning on the twentieth day after the fine becomes a final administrative order. The county may collect by using any available legal means, including but not limited to the following:

(a) The county may file a civil action. If a civil action is commenced, the county is entitled to recover all costs associated with the collection of the fine, including those costs set forth in Code of Civil Procedure Section 1033.5.

(b) The county may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, California Code of Civil Procedure Section 680.010 et seq.

416-4.816 – Service.

All notices or decisions required to be served by this article will be served by any of the methods specified below:

(a) First class mail. First class mail will be addressed to the responsible person at the address shown on the last equalized assessment roll, at the address where the violation occurred, or as otherwise known. Service is deemed completed upon the deposit of the notice or decision, postage pre-paid, in the United States mail.

(b) Personal service. Personal service is deemed complete on the date the notice or decision is personally served on the responsible person.

416-4.818 – Judicial Review.

A final administrative order may be appealed to the superior court of the county in accordance with the provisions set forth in Government Code Section 53069.4.

(Ord. 923 § 2, 2018)

Article II. Pigeons

9.05.030 Purpose.

The purpose of this article is to prevent unsightly neighborhood nuisances, prevent destruction of property, assure minimum standards of maintenance and cleanliness, and to protect public health by regulating the keeping and flying of pigeons as a recreation sport and hobby. (1991 code § 7-2.1)

9.05.040 Definitions.

As used in this article:

Pigeon means a pigeon either bred and trained for racing from a distant point of liberation to its home loft, or kept for recreation or as a hobby. (1991 code § 7-2.2)

9.05.050 Requirements.

Each person maintaining a pigeon shall do so in accordance with the following conditions:

A. Feed for the pigeon shall be stored in containers which protect against rodents and insects;

B. The pigeon shall be housed in a loft of sound construction. The loft shall be maintained and properly landscaped to conform to the surrounding area and shall be screened from view from adjacent property owners;

C. The pigeon shall be regularly confined in a loft except for exercise or racing. The pigeon may be raced or exercised from 7:00 a.m. to 8:00 p.m. on weekdays and from 8:00 a.m. to 8:00 p.m. on Sundays and holidays;

D. The loft shall be located at least 20 feet from an adjoining property;

E. The loft shall be cleaned regularly and maintained in a sanitary condition and in compliance with the health regulations of the city. The loft shall be kept free of organic material which may cause offensive odors or allow propagation of flies and other insects. (1991 code § 7-2.3)

9.05.060 Leg bands required.

Each person who keeps a pigeon shall attach a seamless leg band to each pigeon for the purpose of identification. (1991 code § 7-2.4)

9.05.070 Inspection.

The authorized representative of the city may inspect each loft at any reasonable time. He or she may enter upon the property with the owner’s consent or a warrant from the court, if legally required. (Amended during 2005 recodification; 1991 code § 7-2.5)

Article III. Animal Traps

9.05.080 Prohibition of steel-jawed leghold animal traps.

The use of any steel-jawed leghold trap, padded or otherwise, to capture any game mammal, fur-bearing mammal, nongame mammal, protected mammal, or any dog or cat is prohibited within the jurisdictional limits of the City of Pleasant Hill. (Ord. 747 § 1, 2000; 1991 code § 7-3.1)

9.05.090 Definitions.

For purposes of this article, furbearing mammals, game mammals, nongame mammals, and protected mammals are those mammals so defined by California Fish and Game Code section 3003.1. (Ord. 747 § 1, 2000; 1991 code § 7-3.2)

Code reviser’s note: Ord. 923 adds this section as 9.05.030. It has been editorially renumbered to prevent duplication of numbering.

Code reviser’s note: Ord. 923 adds this section as 9.05.040. It has been editorially renumbered to prevent duplication of numbering.