Chapter 6.20
ANIMAL NUISANCES
Sections:
6.20.030 Notice to owner to abate nuisance.
6.20.050 Temporary impoundment of animal.
6.20.070 Disposition of public nuisance.
6.20.080 Enforcement and penalties.
6.20.010 Purpose.
A. The keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise disturbs the comfort, peace or quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area is declared to be a public nuisance and is prohibited. Such nuisance shall be abated in accordance with the procedure set forth in this chapter.
B. The purpose of this chapter is to provide a procedure for the enforcement of:
1. Section 6.20.010 of this code, which prohibits the keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise disturbs the comfort, peace or quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area; and,
2. Which provides that every person owning or occupying premises where any dog, cat or other animal or fowl is kept shall keep the place in which such animal is kept in a clean and sanitary condition and free of bodily waste odor. Any property found to be maintained, used or allowed to be maintained or used in violation of this section is declared to be a public nuisance and may be abated pursuant to the procedures set forth in this chapter.
The declaration of a nuisance and the procedures for abatement set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law. Further, this chapter shall not preempt or preclude a person from filing a civil lawsuit seeking to abate as a private nuisance an animal that causes annoyance or discomfort to such person by such animal’s bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise. (Ord. 1602 §1(part), 1998).
6.20.020 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings, unless the context shall indicate another or different meaning or intent:
A. “Animal control officer” means any person or entity designated under this chapter as the animal control officer for the city, including, but not limited to, any police officer or city employee designated to enforce the animal control regulations of this chapter.
B. “Animal that habitually howls, yelps, barks or makes noise” does not include an animal that howls, yelps, barks or makes noise by reason of provocation by a person other than the animal’s owner.
C. “Costs of abating a public nuisance” shall include all costs incurred in abating the nuisance. Such costs shall include, but are not limited to, the salary costs of the animal control officer, the hearing officer and other city employees involved in the abatement process.
D. “Hearing officer” means the person appointed by the city manager to serve as the hearing officer under this chapter.
E. “Owner” means the owner, keeper, person or persons having custody, control or possession of an animal.
F. “Petition” means either:
1. A writing in which it is asserted by three or more persons having separate residences in a neighborhood that an animal is a public nuisance by reason of its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise; or
2. A writing in which it is asserted by one or more residents in a neighborhood that an animal is a public nuisance by reason of its bodily waste odor, unsanitary condition or habitual howling, yelping, barking, or other noise, and
a. Such resident(s) can demonstrate to the satisfaction of the animal control officer that the resident(s) has made a good faith effort to obtain the signatures of other residents in the neighborhood or can demonstrate that it is not possible to obtain such other signatures, as in the case where there are less than three occupied residences in the neighborhood, and
b. Such resident(s) has provided to the satisfaction of the animal control officer adequate and competent evidence in support of the claim that the subject animal is a public nuisance.
G. “Public nuisance” or “nuisance” means the keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which:
1. By habitual howling, yelping, barking or other noise disturbs the peace and quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area; or
2. By its bodily waste odor or other unsanitary condition such as, but not limited to, insect infestation, would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area. (Ord. 1602 §1(part), 1998).
6.20.030 Notice to owner to abate nuisance.
A. Whenever a petition has been filed with the animal control officer, the animal control officer shall determine whether the petition appears to set forth a valid complaint of a public nuisance. If the animal control officer determines that the petition appears to be valid, he/she shall:
1. Notify the owner that the petition has been received; and
2. Investigate whether the animal in question constitutes a public nuisance by reason of its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise.
B. Following such investigation, if the animal control officer determines that the animal in question constitutes a public nuisance by reason of its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise, the animal control officer shall notify the owner that the animal is a public nuisance and that such nuisance must be abated within a reasonable time as determined by the animal control officer.
C. If the owner fails to abate the public nuisance within the time specified by the animal control officer, the animal control officer may either:
1. Issue a citation to the owner, or
2. Refer the matter to the hearing officer for a hearing in accordance with Section 6.20.060. (Ord. 1602 §1(part), 1998).
6.20.040 Inspection.
Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter, including but not limited to, Section 6.20.010 of this code, such inspection may be made in accordance with Section 6.16.030 of this code. (Ord. 1602 §1(part), 1998).
6.20.050 Temporary impoundment of animal.
A. The animal control officer shall have the power to temporarily impound an animal if:
1. After making a good faith effort, he/she is unable to contact the animal’s owner and determines, at the time of inspection, that the noise or odor created by the animal cannot be immediately abated and the peace and comfort of the neighborhood restored;
2. Determines, at the time of inspection, that the noise or odor created by the animal cannot or will not be abated by the animal’s owner and the peace and comfort of the neighborhood restored; or
3. Determines that the public nuisance has not been abated within the time specified by the animal control officer in accordance with Section 6.20.030(B) of this chapter.
Such inspection and impoundment shall be made in compliance with the provisions of Sections 6.20.040 and 6.20.050 of this chapter and a hearing shall be held in compliance with Section 6.20.060 of this chapter to determine if such animal is a public nuisance.
B. The owner of the animal shall be responsible for all costs of impounding the animal, including but not limited to, daily impoundment fees and any costs incurred in providing care and maintenance of the animal.
C. An owner who refuses or fails to surrender an animal to the animal control officer as provided in subsection A of this section shall be guilty of a misdemeanor.
D. In lieu of impounding the animal, the animal control officer may permit the animal to be confined by the owner at the owner’s expense in an approved kennel or veterinary facility in accordance with the provisions of Section 6.16.050(D) of this code. (Ord. 1602 §1(part), 1998).
6.20.060 Hearing procedures.
A. Hearing. The hearing officer shall conduct a hearing to determine whether or not the animal is a public nuisance. The hearing shall be conducted in an informal manner and shall afford the owner an opportunity to present evidence as to why the animal should not be declared to be a public nuisance. The hearing is an administrative process to which the formal rules of evidence do not apply. Notice of the time and place of the hearing shall be served upon the owner, either personally or by prepaid first-class mail, not less than five working days prior to the hearing. If, after notice, the owner fails to appear at the hearing, the hearing officer may proceed with the hearing and render a determination in the owner’s absence.
B. Recording. The proceedings at the hearing may be tape recorded if ordered by the hearing officer or requested by the owner of the animal or the person(s) filing the petition. A stenographic report shall also report the proceedings if ordered by the hearing officer or requested by the owner or the person(s) filing the petition, 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.
C. Evidence. In making a determination that an animal is or is not a public nuisance, evidence of the following may be considered:
1. The petition filed pursuant to Section 6.20.030 of this chapter;
2. The testimony of persons residing or working in the area of the place where the animal is kept;
3. The testimony of the animal control officer;
4. The testimony of any police officer, community service officer, code compliance officer, or other city employee having contact with the animal or its owner;
5. Video or tape recordings of the animal or of the place where the animal is kept;
6. Any previous complaints, abatement orders, citations, or convictions regarding maintenance of a public nuisance by the owner by reason of an animal’s bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise;
7. The nature and extent of the bodily waste odor, unsanitary condition or noise created by the animal;
8. The manner in which the animal had been maintained by its owner;
9. The presence or absence of any provocation for the habitual howling, yelping, barking or other noise;
10. Whether the animal can be effectively trained or retrained to change its behavior;
11. Whether the odor, unsanitary condition or noise can be eliminated.
12. Any other relevant evidence regarding the ability of the owner to preserve the comfort, peace or quiet of the neighborhood if the animal is permitted to remain in the city;
D. Public Nuisance Declared. The hearing officer, after a hearing, may declare an animal to be a public nuisance whenever it has, by its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise disturbed the comfort, peace or quiet of nearby property or has caused annoyance or discomfort to a reasonable person of normal sensitivity in the area. (Ord. 1602 §1(part), 1998).
6.20.070 Disposition of public nuisance.
A. The hearing officer shall order the owner of an animal that has been determined by the hearing officer to be a public nuisance to abate the nuisance at the direction of the hearing officer within a reasonable period of time. The owner shall be responsible for all costs associated with the abatement process, subject to the monetary limitations set forth in subsection B of this section. The methods, measures or means for abating the public nuisance shall be determined by the owner. Reimbursement of the abatement costs shall be paid within thirty days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer.
B. Reimbursement of the costs of abating a public nuisance shall be subject to the following monetary limitations:
1. Two hundred dollars for the first violation;
2. Three hundred dollars for the second violation occurring within three years of the date of the prior violation;
3. Four hundred dollars for a third violation occurring within three years of the date of any prior violation;
4. Five hundred dollars for a fourth or subsequent violation occurring within three years of the date of any prior violation.
For the purpose of this subsection, the date of violation shall mean the date on which the hearing officer determines that the subject animal or other animal kept or harbored by the owner is a public nuisance.
C. The hearing officer may order the owner to remove the animal from the city by a date certain if the owner:
1. Fails to abate the public nuisance within the time period specified by the hearing officer;
2. Fails to reimburse the costs of abating the public nuisance; or
3. Permits, suffers, or allows the public nuisance to occur again.
If the owner fails to remove the animal from the city by such date, the hearing officer may impound the animal and not permit the reclaiming or redemption of the animal by the owner unless adequate arrangements acceptable to the hearing officer have been made by the owner to ensure abatement of the public nuisance. Such arrangements shall be agreed to in writing between the owner and the hearing officer prior to and as a condition of release of the animal to its owner. If such agreement is not made and executed within thirty days from the date of impoundment, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal.
D. If the written agreement referred to in subsection C of this section is made and is subsequently breached by the owner, the hearing officer may immediately impound the animal and not permit the reclaiming or redemption of the animal by the owner unless the owner can make adequate, written assurances acceptable to the hearing officer that the owner shall commit no further violation of the agreement. If such further assurances are not made and executed within thirty days from the date of impoundment, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal.
E. The owner of the animal that has been impounded pursuant to this section shall be responsible for all costs of impounding the animal, including but not limited to, daily impoundment fees and any costs incurred in providing care and maintenance to the animal. Such fees and costs shall be in addition to the cost of abatement provided for in subsections A and B of this section.
F. Any decisions made by the hearing officer shall be final. Any person having any objection to any decision by the hearing officer must bring an action in a court of competent jurisdiction within thirty days after the decision by the hearing officer, otherwise all objections shall be deemed waived. (Ord. 1602 §1(part), 1998).
6.20.080 Enforcement and penalties.
A. Failure to Comply. It is unlawful for the owner of an animal that has been deemed to be a public nuisance pursuant to the provisions of this chapter to fail to comply with the requirements set forth in this chapter. Each day such violation is committed or permitted to continue after notification to cease and desist shall constitute a separate offense and each subsequent violation shall be punishable as provided in this chapter.
B. Ownership of Animals.
1. Any person convicted in a municipal court of violating or permitting violations of any provision of this chapter shall, upon a subsequent conviction, be prohibited from keeping or harboring within the city an animal of the type, species, group or family to which the conviction applies (including the animal initially causing the nuisance) for a period of three years from the date of such subsequent conviction.
2. Any person failing to comply with the hearing officer’s order to abate a public nuisance shall be prohibited from keeping or harboring within the city an animal of the type, species, group or family to which the order applied (including the animal initially causing the nuisance) for a period of three years from the date of such noncompliance; provided, however, that a hearing conducted in accordance with Section 6.20.060 of this chapter is first held to determine that a failure to comply has occurred.
C. Violations. Any person violating or permitting the violation of any provision of this chapter shall, upon conviction in municipal court, be guilty of a misdemeanor or an infraction punishable pursuant to Section 19.8 of the Penal Code, as such section may be amended or renumbered from time to time.
D. Enforcement. Any provision of this chapter may be enforced by the police department, the animal control officer or any authorized designee of the city manager. 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.
E. Nuisance Abatement Lien. 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. If the owner fails to pay such costs within thirty days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer, the costs may be collected by a nuisance abatement lien, as provided by Section 38773.1 of the California Government Code. Notice of the lien shall be given to the owner of record of the parcel of land on which the nuisance is maintained prior to recordation of the lien and in the manner specified in said Section 38773.1.
F. Penalties and Remedies Cumulative. 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. (Ord. 1772, Amended, 10/24/2006; Ord. 1769, Amended, 9/12/2006; Ord. 1602 §1(part), 1998).
6.20.090 Exceptions.
The provisions contained in this chapter shall not apply to:
A. Any dog while utilized by any police department or any law enforcement officer in the performance of police work;
B. Any animal shelter owned, operated or maintained by the animal control officer; or
C. Any licensed kennel, humane society shelter, animal control facility or veterinarian. (Ord. 1602 §1(part), 1998).