HomeMy WebLinkAbout1992-04-22 PRC Regular Meeting Agenda Packet AGENDA
PALM DESERT PARKS AND RECREATION COMMISSION
WEDNESDAY, APRIL 22, 1992
9:00 A.M. - COMMUNITY SERVICES CONFERENCE ROOM
73-510 FRED WARING DRIVE
I . CALL TO ORDER
II . APPROVAL OF MINUTES: April 8. 1992
Itt . DISCUSSION ITEMS:
A. CIVIC CENTER
i ) Presentation on C.V.R.&P.D. Building Proposal
ii ) Park Facility Usage
iii ) Tot. Lot (swings)
iv) Baseball Fields
B. COOK STREET SPORTS FACILITY
C. IRONWOOD PARK
D. CAHUILLA PARK
IV. ORAL COMMUNICATIONS:
1 . Any person wishing to discuss any item not otherwise on the agenda
may address the commission at this point by stepping to the
lectern and giving his/her name and address for the record.
Remarks shall be limited to a maximum of five minutes unless
additional time is authorized by the commission.
2. This is the time and place for any person who wishes to comment on
non-hearing agenda items. It should be noted that at commission
discretion. these comments may be deferred until such time on the
agenda as the item is discussed. Remarks shall be limited to a
maximum of five minutes unless additional time is authorized by
the commission.
V. ADJOURNMENT
DECLARATION OF POSTING
I . Donna Bitter, of the City of Palm Desert. do hereby declare that the
foregoing agenda for the Parks and Recreation Commission meeting on
Wednesday. April 22. 1992, was posted on the bulletin board by the outside
entry to the Council Chamber. 73-510 Fred Waring Drive. Palm Desert. Friday,
April 17. 1992.
ated April 17, 1992
P & ic6*./(._)
DONNA BITTER
Senior Office Assistant
City of Palm Desert.
ORDINANCE NO. 209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, REGULATING THE USE OF PUBLIC PARKS
WITHIN SAID CITY AND PROVIDING FOR THE ISSUANCE OF A PERMIT.
The City Council of the City of Palm Desert, California DOES HEREBY
ORDAIN as follows:
SECTION 1: That Chapter 11 be and the same is hereby added to the Palm
Desert Municipal Code to read as follows:
TITLE II
Chapter 11: PARKS.
Sec. 11.01.010 - Definitions.
(a) "City Manager" is the City Manager of the City of Palm Desert.
(b) "Chief of Police" is the Chief of Police of the City of Palm Desert.
(c) "Public Works Director" is the Public Works Director of the City of
Palm Desert.
(d) "City" is the City of Palm Desert.
(e) "Fire Chief" is the Chief of the fire department of the City of Palm
Desert.
(f) "Person" is any person, firm, partnership, association, group, corporation
company or organization of any kind.
(g) "Public Park" means any place in the City set aside for the general
or limited use, by the public, for the purpose of picnicking, recreation and re-
laxation.
(h) "Camping" means the pitching of tents, use of sleeping bags , cots,
beds or other paraphernalia usually associated with living in the out-of-doors.
(i) "Overnight Sleeping" means sleeping during the hours between sunset
and sunrise.
(j) "Alcoholic Beverage" means beer, wine, whiskey, bourbon, any distillant
of wine or any beverage, brew or distilled liquid containing any portion of alcohol
as one of its contents.
(k) "Outdoor Gathering" means any music festival , art festival , public dance,
political rally, organized meetings with or without speakers or entertainment, or
food, or similar gatherings at which music, entertainment, or speeches are provided
for professional or amateurs or by prerecorded or other means , to which members of
the public are invited or admitted for a charge or free of charge, or which is
attended by more than thirty persons. Parades and outdoor athletic contests which
are otherwise permitted or approved by the City Council , or the Chief of Police,
1i! uiiuil.0 �vJ
rGyC G.
T
are not included within this definition of an outdoor gathering.
Sec. 11.01.020 - Hours of use.
There shall be no restrictions on the use of a "public park" , except as
provided in other sections of this chapter.
Sec. 11.01.030 - Authority to Close Public Parks.
The City Manager, the Chief of Police, the Fire Chief and the Director of
Public Works for the City shall have joint authority to close any public park to
public or private use when it is in the best interest of the City and the public
welfare to do so.
Sec. 11.01.040 - Restrictions.
(a) Camping or Sleeping. No person shall pitch a tent, or camp or sleep
in any public park as defined in this chapter, except in areas specifically pro-
vided for camping, except that it shall not be unlawful to sleep without the use
of camping or overnight sleeping paraphernalia during the hours between sunrise
and sunset.
(b) Fires. No person shall make or kindle a fire in any public park,
except in designated picnic stoves, barbecues or fire pits provided for such
purposes, without having first obtained express written permission of the Fire
Chief to do so. Persons making or kindling fires in other than designated facilitie
must have written permission in their possession at the time of making or kindling -
a fire.
_ (c) Alcoholic Beverages. No person shall bring into, consume, or have in
their possession in any public park, an alcoholic beverage as defined in Section
1(j).
(d) Outdoor Gatherings. No person shall hold, conduct or manage an outdoor
gathering as defined in this chapter, in any public park unless and until a permit
" to do so has first been obtained from the Director of Public Works as required by
this chapter, and said permit shall be carried at all times by the person in charge
of heading or managing said outdoor gathering.
Sec. 11.04.010 - Application for Park Use Permit.
Any person desiring to hold, conduct or manage an outdoor gathering as
defined in Section 1(k) shall , not less than thirty nor more than sixty days before
the date on which it is proposed to conduct or hold such outdoor gathering, file
with the Public Works Director a verified application on a form furnished by the City,
setting forth the following information.
0rd'nance No. 209 page 3
soy
(a) The name of the person or organization wishing to conduct or hold such
outdoor gathering;
(b) If the outdoor gathering is proposed to be conducted or held for, or
on behalf of, or by an organization, the name, address, and telephone number of the
headquarters of the organization and the authorized responsible head of such or-
,
ganization; -
(c) The name, address and telephone number of the person who will be the
chairman or who will be responsible for the conducting or holding of the outdoor
gathering;
(d) The name, address and telephone number of the person or organization to
whom the permit is desired to be issued;
(e) The date when such outdoor gathering, is to be conducted or held;
(f) The place at which the outdoor gathering, is desired to be held;
(g) The approximate number of persons who will attend such outdoor gatherings;
(h) The time the outdoor gathering is to commence and the time it will
terminate;
(i ) Whether such outdoor gathering will occupy all or a portion of a given
public park area;
(j) The applicant shall submit a refundable cleaning deposit. The amount
•of said deposit shall be determined by the Public Works Director, based upon the
number of persons expected to attend the outdoor gathering. Said deposit shall be
used exclusively for cleaning of the facility after the conclusion of the outdoor
gathering. Any; portion of said deposit not used for such cleaning shall be auto-
matically refunded within 15 days after the event.
Section 11.04.020 - Issuance of Permit For Park Use.
The Public Works Director shall issue a permit as provided for by this
chapter when, after investigation and consideration of information contained in the
application, or information from any other source he finds that:
(a) The holding or conducting of such outdoor gathering will not substantially
interrupt or prevent the safe and orderly use of the public park by persons other
than those attending the outdoor gathering;
(b) The concentration of and conduct of persons attending such outdoor
gathering will not unduly interfere with the proper police and fire protection of,
or ambulance service to, the public park or areas contiguous to said public park;
(c) The holding or conducting of such outdoor gathering is not reasonably
likely to cause injury to person or property or to provoke disorderly conduct or
create a disturbance;
Ordinance No. 209 pa3E 4
(d) The holding or conducting of such outdoor gathering will not require
the diversion of so great a number of police officers to maintain proper order,
so as to prevent normal police protection to the City;
(e) Such outdoor gathering is not to be held for the sole purpose of ad-
vertising the goods, wares, services or merchandise of an individual or specific
groups of business establishments or wholesale or retail vendors.
Section 11.04.030 - Notice of Rejection.
The Public Works Director shall act upon the application for an outdoor
gathering permit within ten days after the filing thereof. If the Public Works
Director disapproves the application, he shall mail to the applicant within fifteen
days after the date upon which the application was filed a notice of his action,
stating the reasons for his denial of the permit. Such notice shall be in writing
and mailed to the address given by the applicant on the application for permit.
Section 11.04.040 - Late Application.
The Public Works Director shall have discretionary authority to consider any
application for a permit for an outdoor gathering which is filed less than thirty
days before the date such outdoor gathering is proposed to be held.
Section 11.04.050 - Appeal .
Any person who had been denied a permit required by this chapter may appeal
to the City Council by filing a written notice of the appeal within five days after
the mailing by the Public Works Director.of the notice of rejection or denial .
- Section 11.04.060 - Persons to Be Notified.
Immediately upon the granting of a permit for an outdoor gathering, the
Public Works Director shall send a copy of the approved permit to the following:
(a) The City Manager;
(b) The Fire Chief;
(c) The City Planning Director;
(d) The Riverside County Sheriff's department;
(e) Any public official whose authority or functions may be affected -by the
holding of an outdoor gathering or problems which may arise as a result of the
outdoor gathering.
SECTION 2: The City Clerk is directed to publish this Ordinance once in
the Palm Desert Post, a newspaper of general circulation, published and circulated
in the City of Palm Desert, and shall certify to the passage and adoption of this
ordinance, and the same shall be in full force and effect thirty (30) days after
its adoption.
Ordinance 209 page 5
i
fir" Nue
PASSED, APPROVED and ADOPTED, this 28th day of June, 1979 ,
by the City Council by the following vote:
AYES: Brush, McPherson, Newbrander, Wilson & Mullins
NOES: None
,
ABSENT: None -
ABSTAIN: None
ii .11 -ON--
D D. ULLINS, MAYOR
ATTEST:
.
•
4k. GILAN !TYt '
City of Palm Desert, California
7
ORDINANCE NO . 503 8,000,
Noy
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA , RELATING TO ANIMAL
CONTROL AND ADOPTING ORDINANCE NO . 630 OF THE
COUNTY OF RIVERSIDE.
The City Counc i 1 of the City of Palm Desert ,
California , DOES HEREBY ORDAIN, as follows :
Section I : The City Council does hereby adopt and
incorporate herein Ordinance No. 630 of the County of Riverside
regulating the keeping and control of dogs and cats and providing
for the control and suppression of rabies .
Section 2 : Publication . The City Clerk shall certify
to the passage of this ordinance and shall cause the same to be
printed once in the Palm Desert Post , a newspaper of general
circulation , printed , published and circulated in the City of
Palm Desert , and this ordinance shall be in full force and
effect thirty ( 30) days after its adoption.
PASSED, APPROVED and ADOPTED this 23rd day of
April , : 1987, by: the following voter
AYES : BENSON, CRITES, SNYDER, WILSON , KELLY
NOES : NONE
ABSENT : NONE
ABSTAIN : NONE
RICH RD KELLY , MAYOR /
City of Palm Desert , Cai'ifornia
ATTEST:
- ,
/ //
-SHEILA R. G LIGAN, C Y CLERK
CITY OF PALM DESERT CALIFORNIA
• 1 'wr Name Introduced 1/27/87
2
3 ORDINANCE NO. 630
4 AN ORDINANCE OF THE COUNTY OF RIVERSIDE
w5 REGULATING THE KEEPING AND CONTROL OF
./ 6 DOGS AND CATS AND PROVIDING FOR THE
7 CONTROL AND SUPPRESSION OF RABIES
8
9 The Board of Supervisors of the County of Riverside
10 Ordains as Follows:
11 Section 1. Definitions . Whenever, in this ordinance or
12 in any resolution or standard adopted by the Board of Supervisors
13 pursuant to this ordinance, the following terms are used, they
14 shall have the meaning ascribed to them in this Section 1, unless
15 it is apparent from tthecontext thereof that some other meaning
16 is intended.
17 (a) At large. Any dog which is off the premises of
18 its owner , custodian or caretaker and which is not under physical
19 restraint by a leash of a size and material appropriate to the
20 size and temperament of the dog and which is held by a person
21 capable of restraining such dog, or is not otherwise physically
22 restrained by some other device or instrumentality, except that
23 such device or instrumentality shall not include voice control ,
24 eye control or signal control of the dog by any person, device or
25 instrumentality.
26 (b) Catterv. Any building, structure, enclosure or
4P ,,mh 27 premises whereupon, or within which, ten (10) or more cats, four
i2
1 2$ (4) months of age or older, are kept or maintained.
MAW J.GEERUNGS
COUNTY COUNSEL 1
SUITE JJO
353'ERS DE CALIFORNIASTREET I 3 . 510
�ERSIDE.CLffO
1 (c ) Chief Animal Contrc Officer . The Chief Animal
2 Control Officer of the County of Riverside or his duly authorized
3 representative.
4 (d) Class I kennel . Any building, structure,
5 enclosure or premises whereupon, or within which, five (5 ) to ten
6 ( 10) dogs , four (4) months of age or older, are kept or
7 maintained.
a (e) Class II kennel . Any building, structure,
g enclosure or premises whereupon, or within which, eleven ( 11) or
10 more dogs , four (4 ) months of age or older, are kept or
11 maintained.
12 (f ) Community. Any public entity which is
13 authorized by law to regulate and control dogs or cats or both.
14 (g) e-" Any dog trained or being reared,
15 trained or used for the purpose ofillilialiMMINIENT
16 (h) Health Officer . The Health Officer of the
17 County of Riverside or his duly authorized representative.
18 (i) Impounded . Having been received into the
19 custody of any animal control center, animal control officer ,
20 animal control vehicle or peace officer duly authorized by the
21 County of Riverside to receive such animal .
22 ( j ) Person. Any individual , firm, partnership,
23 joint venture, corporation, association, club or organization.
24 (k) Public entity. Any state, or any political
25 subdivision, municipal corporation or agency thereof .
26 ( 1) Any dog trained to work without
27 supervision in a fenced facility and to deter or detain
28 unauthorized persons found within the facility. :1ZiUmp4ellit
5ERALOJ.GEERUNGS
COOS 30000UNSEL 2
SUITE
300
3535 !GIN STREET 3 • 5 \D
IVERSIOE CALIFORNIA
1 • • • u ' t' a_ . . � • Nir%
2 (m) Any dog being reared, trained or
3 used for the purpose of fulfilling the particular requirements of
4 a tint, including but not limited to minimal :
5 protection work, rescue work, pulling a wheelchair or fetching
6 dropped items .
7 (n) Waal. dol. Any dog trained or being reared,
8 trained or used for the purpose of or a
g person whose hearing is impaired, to intruders or sounds .
10 (o) Unlicensed dog. Any dog for which no valid
11 license is currently in force.
12 (p) Vaccination. An innoculation against rabies of
13 any dog or cat, four (4) months of age or older, with any vaccine
14 prescribed for the purpose by the California Department of Health
15 Services .
16 (q) Veterinarian. A person holding a currently
17 valid license to practice veterinary medicine issued by the State
18 of California pursuant to Chapter 11 of the California Business
19 and Professions Code.
•
20 (r) Vicious dog/vicious cat. Any dog or cat which
21 has bitten a person or animal without provocation or direction or
22 which has a disposition or propensity to attack or bite any
23 person or animal without provocation or direction.
24 Section 2 . Mandatory Dog Licensing and Vaccination.
25 (a) Except as provided in Section 4, subsection (a)
26 of this ordinance, it shall be unlawful for any person to own,
27 harbor or keep any dog, four (4) months of age or older, within
28 the unincorporated area of the County of Riverside, for a period
ERALDJ.GEERUNGS
COUNTY COUNSEL 3
SUITE 300
3535 IOTH STREET
AMIDE CALIFORNIA
1 longer th&. shirty ( 30) days, unlesscurrently valid license '
2 tag has been issued by the Health Officer or any agency
3 authorized by the County of Riverside for such purpose.
4 (b) It shall be unlawful for any person to own.
5 harbor or keep any dog, four (4 ) months of age or older, within
6 the unincorporated area of the County of Riverside, for a period
7 longer than thirty ( 30) days, which has not been vaccinated
• 81 against rabies . Eery person in the unincorporated area of the
g County of Riverside who owns , harbors or keeps any dog over four
10 (4) months of age for a period longer than thirty (30) days shall
11 have such dog vaccinated against rabies as provided herein, by a
12 veterinarian of his choice and such vaccination shall be renewed
13 in accordance with the applicable laws and regulations of the
14 State of California.
15 (c) Each veterinarian after vaccinating any dog
16 shall sign a certificate of vaccination in duplicate in the form
17 required by the Health Officer. The veterinarian shall keep one
18 (1) copy and shall give one (1) copy to the owner of the
19 vaccinated dog and the owner shall retain such copy in his
20 possession.
21 (d) The Health Officer shall issue a license only
22 upon presentation of a certificate of vaccination indicating
23 therein that the date of expiration of the vaccination immunity
24 is not earlier than the date of expiration of the license being
25 / / / /
26 / / / /
MR:rmh 27 / / / /
ev. 1/27/2�7 / / / /
D: 1592
:RALD J.GEERUNGS
s:OUNTV COUNSEL
SUITE 300
.535 :OTH STREET 4
ERSIDE CALIFORNIA
1 issued or re owed , and upon payment of a applicable license fee
2 specified in Section 2 , subsection ( f). of this ordinance;
3 provided, however, that where the vaccinated dog is between the
4 ages of four (4 ) months and twelve ( 12 ) months , the period of
5 vaccination immunity required for licensing shall be as specified
6 in Title 17, California Administrative Code, Section 2606 . 4 .
7 (e) Notwithstanding the provisions of Section 2 ,
•
8 subsections (b) and (d) of this ordinance, in the event a dog has
g a short-term illness , is pregnant, or suffers from a long-term
10 debilitating illness which in the opinion of a veterinarian
11 contraindicates vaccination for rabies, such dog shall not be
12 required to undergo vaccination during the period of such illness
13 or pregnancy where a request for vaccination deferral has been
14 approved by the Health Officer . Such request shall specify the
15 duration of the requested deferral, the reason for the requested
16 deferral , and shall be signed by a veterinarian. The Health
17 Officer shall issue a license for such dog upon approval of the
18 request for vaccination deferral and payment of the applicable
19 license fee specified in Section 2 , subsection (f) of this
20 ordinance. The owner or person having custody of such dog shall
21 confine and shall keep such dog confined, for the duration of the
22 deferral . Within fourteen (14 ) days after the expiration of the
23 deferral, the owner or person having custody of such dog shall
24 present to the Health Officer a certificate of vaccination in
25 accordance with the provisions of Section 2 , subsection (d) of
26 this ordinance.
27 (f) Subject to the provisions of Section 2 of this
28 ordinance, licenses shall be issued upon payment of the following
3ERALD J.GEERUNGS fees :
COUNTY COUNSEL
SUITE 300
3535 IOTH STREET 5
IVERERSIDE.CALIFORNIA 3 5
•
1 ( 1) License valid 'or one ( 1) year'Sloe %we
2 from date of issuance, for each
3 sterile dog, accompanied by a
4 certificate signed by a veterinarian
5 that said dog is permanently
6 unable to reproduce $ 7 . 00
7 (2) License valid for one ( 1) year
8 h from date of issuance, for each
9 dog to which the provisions of
10 Section 2, subsections (f) (1)
/41'
11 0' / and (7) of this ordinance are
12 not applicable $14 . 00
13 (3 ) License valid for two (2) years
14 from date of issuance, for each
15 sterile dog, accompanied by a
16 certificate signed by a
17 veterinarian that said dog is
18 permanently unable to
19 reproduce $11 . 00
20 (4) License valid for two (2) years
21
from date of issuance, for each
22 t dog to which the provisions of
23 ,d Section 2 , subsections (f) (3)
24 and (8) of this ordinance
25 are not applicable $22 . 00
26 ( 5 ) License valid for three (3)
27 years from date of issuance,
28
;ERALW 4-GEERUNGS
COUNTY COUNSEL
SURE 300 6
3535 !OTH STREET
VERSIDE.CALIFORNIA
1 . o for each steril og,
2 accompanied by a certificate
3 signed by a veterinarian that
4 said dog is permanently unable
5 to reproduce $14 . 00
6 (6 ) License valid for three ( 3)
7 years from date of issuance,
3 for each dog to which the
9 provisions of Section 2 ,
10 ) subsections (f ) (5 ) and (9) are
11 not applicable $28 . 00
12 (7 ) License valid for one ( 1) year
13 from date of issuance, for each
14 sterile dog, which is owned by a
15 person sixty (60) years of age
16 or older, and is accompanied by
17 a certificate signed by a
18 veterinarian that said dog is
19 permanently unable to
20 reproduce $ 3 . 00 '!
21 (8 ) License valid for two (2) years
22 from the date of issuance, for
23 each sterile dog, which is owned by
24 a person sixty (60) years of age
25 or older, and is accompanied by
26 a certificate signed by a
27 veterinarian that said dog is
28 s permanently unable to
.ERALD J.GEERUNGS reproduce $ 5 .00
COUNTY COUNSEL
SUITE 300
3535 LOTH STREET 7
VERSIDE CALIFORNIA
1 ( 9 ) License valid r three (3 )
2 years from the date of issuance,
3 for each sterile dog, which is
4 owned by a person sixty (60)
5 years of age or older, and is
6 accompanied by a certificate
7 signed by a veterinarian that
3 said dog is permanently unable
9 to reproduce
$ 7 . 00
10 (g) No fee shall be required for a license for any
11 guide dog, signal dog or service dog, if such dog is in the
12 possession and under the control of, in the case of a guide dog,
13 a blind person, or in the case of a signal dog, a deaf or hearing-
14 impaired person, or in the case of a service dog
, a physically
15 disabled person, or where such dogis in the
possession and and
16 the control of a bona fide organization having as its primary
17 purpose the furnishing and training of guide dogs for the blind,
18 signal dogs for the deaf or hearing-impaired, or service dogs for
19 the physically disabled.
20 (h) No fee shall be required for a license for any
21 dog owned by a public entity.
22 (i) Each license specified in Section 2 of this
23 ordinance shall be valid for the period specified in Section 2
24 and shall be renewed within thirty (30) days after such period
25 terminates, except that where the current vaccination for the dog
26 which is the subject of the license shall expire prior to the
27 expiration date of the license being applied for, the Health
28 Officer may upon . request of the owner or custodian of such dog,
,ERALDJ.GEERUNGS
COUNTY COUNSEL 8
SUITE 300
3535 !OTh STREET
JERSIDE CALIFORNIA
1 backdate surlicense so that its expiy ion date occurs
2 concurrent with or prior to the expiration date of the
3 vaccination; provided, however , that where such backdating is
4 performed, there shall be no reduction or discount of the license
5 fee applicable to the license applied for , and such license shall
6 be renewed within thirty (30) days after the date of its
7 expiration.
8 ( j ) If an application for a license is made more
9 than thirty ( 30) days after the date a dog license is required
10 under this ordinance, the applicant shall pay, in addition to the
11 applicable license fee, a late fee of fifteen dollars ($15 . 00) .
12 (k) Whenever a dog validly licensed under this
13 ordinance shall have died more than three (3 ) months before the
14 expiration date of the license, the owner of such dog may return
15 the license tag to the Health Officer, accompanied by a statement
16 signed by a veterinarian or a declaration signed under penalty of
17 perjury by the owner, indicating that such dog is dead and
18 specifying the date of death. In such event, the license shall
19 be cancelled and a pro-rata credit of the license fee by full
20 calendar quarters of the original license period remaining after
21 the death of the dog may be applied during said remaining period
22 to the license fee for another dog acquired by the same owner .
23 ( 1 ) Upon transfer of ownership of any dog validly
24 licensed under this ordinance, the new owner shall notify the
25 Health Officer of such transfer within thirty (30) days of such
26 transfer, on a form prescribed by the Health Officer, accompanied
27 by a transfer fee of two dollars ($2 .00) .
28 (m) Notwithstanding the provisions of Section 2 .
;ERALD J GEERUNGS
COUNT'.COUNSEL 9
SUITE 300
3535 IOTH STREET
VERSIDE CALIFORNIA
1 subsection . ) of this ordinance, whe a person moves into the.
2 unincorporated area of the County. of Riverside from another
3 community who owns a dog which is currently vaccinated against
4 rabies and for which dog a license was issued by such other
5 community, such license shall be deemed valid for a period of one
6 ( 1) year from the date such person moves into the unincorporated
7 area of the County of Riverside or the date of expiration of the
8 license issued by such other community, whichever is earlier . If
9 an application for a license from the Health Officer is made more
10 than thirty ( 30) days after such license is required, the
11 applicant shall pay, in addition to the applicable license fee, a
12 late fee of fifteen dollars ($15 .00) .
13 (n) If a valid license tag is lost or destroyed, a
14 duplicate thereof may be procured from the Health Officer upon
15 submission to the Health Officer of a statement signed by the
16 owner of the dog containing the date and circumstances of such
17 loss or destruction and the payment of a fee of five dollars
18 ($5 .00) .
19 (o) Upon request of the Health Officer , any owner
20 of a dog for which a license is required under the provisions of
21 this ordinance shall present to the Health Officer a currently
22 valid certificate of rabies vaccination or license tag.
23 (p) It shall be unlawful for any person to make use
24 of a stolen, counterfeit or unauthorized license, tag,
25 certificate or any other document or thing for the purpose of
26 evading the provisions of this ordinance.
27 Section 3 . Optional Licensing of Cats. An owner of a
28 cat may be issued a license and tag for such cat upon
,ERALO J.GEERUNGS
COUNTY COUNSEL 10
SUITE 300
3535 IOTM STREET
VERSIDE CALIFORNIA
• 1 presentatiot ,„o the Health Officer of Nweertificate of
2 vaccination signed by a veterinarian certifying that such a cat
3 has been vaccinated , and upon the payment of a license fee of nine
4 dollars ($9 . 00) . Said license shall be valid for the period of
5 immunity indicated in the certificate of vaccination.
6 Section 4 . Mandatory Licensing of Kennels and Catteries .
7 (a ) No person shall operate or maintain a kennel or
8 a cattery as those terms are defined in Section 1, subsections
g (b) , (d) and (e) of this ordinance without first obtaining an
10 appropriate license therefor from the Health Officer . Such
11 license shall be valid for a period of either one (1) or two (2 )
12 years from the date of issuance, except that the Health Officer
13 may, in his discretion, limit the duration of the license to one
14 ( 1) year when he deems such limitation to be appropriate. Said
15 license shall be renewed within thirty (30) days after the date
16 of expiration. Where a kennel license has been issued and is in
17 effect, the dogs contained in such kennel shall be exempt from
18 the requirements of individual license tags as provided in
19 Section 2 , subsection (a) of this ordinance. The kennel license
20 fees, and late fees if an application for a license is made more
21 than thirty (30) days after the date such license is required ,
22 shall be as follows :
23
24 ( 1) Class I Kennel license,
25 one (1) year $ 80 . 00
26 (2 ) Class I Kennel license,
27 two (2) years $120 . 00
28 ( 3 ) Class II Kennel license,
ERALD J.GEERUNGS one ( 1) year $120 . 00
COUNTY COUNSEL
SUITE 300
3535 10TH STREET 11
JERSIDE.CALIFORNIA
1 (4 ) Class II Kenn License,
2 two (2) years $180 . or
3 ( 5 ) Cattery license, one ( 1) year . $ 8( 3
4 ( 6 ) Cattery license, two (2) years . $120 . 00
5 (7) Late fee fifty
percent
6 ( 50%) of the
7
applicable one
8 (1) year
9 license fee
10 (b) Application for a kennel or cattery license
11 shall be filed with the Health Officer on a form prescribed by him
12 not later than ten ( 10) days after obtaining written verification
13 from the Riverside County Planning Department that the operation
14 of the kennel or cattery is in compliance with the applicable
15 provisions of Riverside County Ordinance No. 348 . Said
16 application form, when completed, shall contain such information
17 as may reasonably be required by the Health Officer for the
18 purposes of enforcement of this ordinance, including but not
19 limited to the current home telephone number of the caretaker of
20 the subject kennel or cattery and another current telephone
21 number for emergency use or messages when such caretaker is
22 absent from the subject kennel or cattery. Where a kennel or
23 cattery is sought to be operated upon leased or rented premises,
24 a letter of consent from the owner of the premises to the effect
25 that the kennel or cattery may be maintained and operated on such
26 premises shall be submitted to the Health Officer at the time the
27 application for the kennel or cattery license is submitted.
28
:ERALDJ.GEERUNG$
COUNTY COUNSEL 12
SUITE 300
3535 '.OTH STREET
VERSIDE CA;.IFORNIA
1 `,,,,,,c ) After receipt of a kel or cattery license
2 application, the Health Officer shall make an inspection of the
3 premises of the kennel or cattery for which a license is
4 requested . No kennel or cattery license shall be issued nor
5 shall any such license be renewed , unless and until the kennel or
6 cattery, in the opinion of the Health Officer , satisfies the
7 applicable laws and regulations of the State of California, the
g applicable ordinances of the County of Riverside and the
g applicable conditions set forth in the Standards for Kennels and
10 Catteries adopted by resolution of the Board of Supervisors .
11 Notwithstanding any other provision of this ordinance, the Health 1
12 Officer or the Riverside County Planning Director may, in their
13 respective discretion, limit the numbers of dogs or cats over the
14 age of four (4 ) months which are kept or maintained in any kennel
15 or cattery, and such limitation may be imposed at such time as an
16 application for an initial kennel or cattery license is
17 considered or at such time as an application for renewal of a
18 kennel or cattery license is considered.
19 (d) Notwithstanding any other provision of this
20 ordinance, the Health Officer is hereby authorized to enter upon
21 and inspect the premises of any kennel or cattery located in the
22 County of Riverside for the purpose of determining whether such
23 kennel or cattery is in compliance with the provisions of this
24 ordinance and the Standards for Kennels and Catteries referred to
25 in Section 4 , subsection (c) of this ordinance. As a condition
26 of the issuance of a kennel or cattery license, each owner and
27 operator of a kennel or cattery shall agree to allow such entry
28 and inspection and such agreement shall be made a part of the
GERALD J.GEERIJNGS
COUNTY COUNSEL 13
SUITE 300
3535 WIN STREET
tIVERSIOE.CALIFORNIA
1 license apcation. Such inspection hall be made during
2 reasonable hours at times when the owner or operator of the
3 kennel or cattery is present on the kennel or cattery premises ,
4 and with such frequency as the Health Officer shall deem
5 appropriate, and such inspections may, at the discretion of the
6 Health Officer, be made without prior notice to the owner or
7 operator of the subject kennel or cattery. Wilful refusal on the
• 3 part of a kennel or cattery owner or operator to allow such
9 inspection shall be grounds for summary denial of an application
10 for a kennel or cattery license or for summary suspension or
11 revocation of a kennel or cattery license.
12 (e) A nonprofit corporation formed pursuant to the
13 provisions of the California Corporations Code commencing with
14 Section 10400, for the prevention of cruelty to animals, shall
15 not be required to pay a fee for the licenses required by Sectinr
16 4, Subsection (a) of this ordinance; provided, however, that all
17 other provisions of Section 2 , subsection (b) and Section 4 of
18 this ordinance shall be applicable to any such nonprofit
19 corporation.
20 (f) Notwithstanding the provisions of Section 4 ,
21 subsection (c) and Section 5, subsection (a) of this ordinance, a
22 kennel or cattery which is in operation on the effective date of
23 this ordinance and for which on such date there is in effect a
24 -current and otherwise valid license issued prior to such date
25 pursuant to the provisions of Riverside County Ordinance No . 455 ,
26 shall, for a period of twenty (20) years from the effective date
27 of this ordinance, be required to comply only with those
28 requirements for . licensure and operation other than license feI
.ERALD J.GEERUNGS
COUNTY COUNSEL. 14
SUITE 300
3535 !OTTH STREET
'VERSIDE CALIFORNIA
•
1 as were requed for such kennel or catry under Riverside
2 County Ordinance No . 455 ; provided , however , that where there
3 occurs a transfer of ownership of such kennel or cattery five ( 5 )
4 years or more after the effective date of this ordinance , such
5 kennel or cattery shall , upon such transfer of ownership, be
6 required to comply with the requirements for licensure and
7 operation specified in this ordinance . The license fees for a
8 kennel or cattery described in the first ( 1st) sentence of this
9 Section 4 , subsection ( f ) during the period such kennel or
10 cattery is permitted , pursuant to this Section 4 , subsection ( f ) ,
11 to operate under the requirements of Riverside County Ordinance
12 No. 455 shall be as follows :
13 (1 ) For a kennel for which a current and
14 otherwise valid non-commercial or commercial kennel
15 license is in effect on and was issued by the Health
16 Officer prior to the effective date of this ordinance,
17 the license fee shall be the same fee as is provided in
18 this ordinance for a kennel having the same number of
19 dogs , and no individual licenses shall be issued for
20 such dogs .
21 (2) For a cattery for which a current and
22 otherwise valid commercial cattery license is in effect
23 on and was issued by the Health Officer prior to the
24 effective date of this ordinance, the license fee shall
25 be the same fee as is provided in this ordinance for a
26 cattery.
27
28
.ERALD J.GEERUNGS
COUNTY COUNSEL 15
SUITE 300
3535 LOTH STREET
VERSIDE CALIFORNIA
1 S-^tion 5 . Denial , Suspens z and Revocation of Kennel
2 or Cattery License.
3 (a) The Health Officer may, in his discretion, dE
4 any application for a kennel or cattery license whether such
5 application is for an original license or renewal of a license,
6 and may suspend or revoke any kennel or cattery license if he
7 finds that a kennel or cattery fails to meet any or all of the
8 Standards for Kennels and Catteries referred to in Section 4 ,
9 subsection (c) of this ordinance or is in violation of any law of
10 the State of California or any provision of this ordinance.
11 (b) When such denial , suspension or revocation
12 occurs, the Health Officer shall prepare a written notice of such
13 denial, suspension or revocation which shall contain a brief
14 statement of the reason or reasons for such denial, suspension or
15 revocation. The Health Officer shall serve such notice upon the
16 applicant or licensee by hand-delivery or by registered or
17 certified mail, postage prepaid, return receipt requested .
18 Denial, suspension or revocation shall be effective thirty ( 30)
19 days after service of such notice. Where an application for a
20 kennel or cattery license is denied or where a kennel or cattery
21 license issued pursuant to this ordinance is revoked, no
22 application for a new license for such kennel or cattery shall be
23 considered for a period of one ( 1) year from the effective date
24 of such denial or revocation; provided, however, that for good
25 cause shown the Board of Supervisors may direct that there be a
26 lesser period of time before such application will be considered.
27 (c) Any person whose application has been denied or
28 whose license has been suspended or revoked, may appeal such
�rGERUGS denial, suspension or revocation by filing with the Clerk of the
SUITE 300
3535 !OTN STREET 16
'ERSIDE CALIFORNIA
1 Board of Supiisors within fifteen ( 157.. ays after notice of
2 such denial , suspension or revocation, a written notice of appeal
3 briefly setting forth the reasons why the appellant alleges such i
4 denial, suspension or revocation is improper . Within five (5 )
5 days of the receipt by the said Clerk of such notice of appeal ,
6 the Clerk shall set a hearing date for the appeal and shall give
7 written notice of the date , time and place of such hearing to the
8 appellant , and such notice shall be sent by registered or
9 certified mail , postage prepaid, return receipt requested . The
10 date of hearing shall be not less than twenty (20) days from the
11 date of mailing of the notice of the date, time and place of the
12 hearing, and the hearing shall be conducted not later than
13 forty-five (45 ) days from the date of mailing of the notice of
14 denial , suspension or revocation; provided, however , that at the
15 request of the appellant, the Clerk of the Board may extend the
16 hearing date for a reasonable period beyond the aforementioned
17 forty-five (45) day limit. The appeal shall be heard by the
18 Board of Supervisors which may affirm, modify, or reverse the
19 denial , suspension or revocation. In conducting the hearing, the
20
Board of Supervisors shall not be limited by the technical rules
21 relating to evidence and witnesses , as applicable in courts of
22 law. To be admissible, evidence shall be of the type upon which
23 responsible persons are accustomed to rely in the conduct of
24 serious affairs . During the pendency of the appeal , there shall
25 be in effect an automatic stay of the denial , suspension or
26 revocation; provided , however , that during said period of
27 pendency the Health Officer may take such action as he deems
28
.ERALD J.GEERUNGS
COUNTY COUNSEL 17
SUITE 300
3535 LOTH STREET
VERSIDE CALIFORNIA
1 appropriatnder this ordinance or mother provision of law
2 respecting the subject kennel or cattery, including but not
3 limited to the abatement of public nuisances , inspection of thr
4 kennel or cattery premises , or the prosecution of any violation
5 of this ordinance or any other provision of law not related to
6 the failure of the subject kennel or cattery to be currently and
7 otherwise validly licensed.
g Section 6 . Duties and Powers of Officers . It shall be
9 the duty of all peace officers , including constables and marshals
10 within the County of Riverside, to cooperate with and assist the
11 Health Officer and the Chief Animal Control Officer in the
12 enforcement of the provisions of this ordinance, and such peace
13 officers and the Chief Animal Control Officer shall be empowered
14 to:
15 (a) Receive, take up and impound:
16 (1) Any dog found running at large in
17 violation of this ordinance or of any law
18 of the State of California;
19 (2) Any dog which, without provocation or
20 direction, is molesting any person; and
21 (3) Any dog which, without provocation or
22 direction, is molesting or harassing
23
animals, birds, or pets upon the premises
24 of any person.
25 (b) Regularly and adequately feed, water and
26 otherwise care for all dogs and cats impounded under the
27 provisions of this ordinance, or to provide for such feeding,
28 watering and care.
3ERALD J.GEERUNGS 18
COUNTY COUNSEL
SUITE 300
;35 :OTH STREET
ERSIDE CALIFORNIA
•
1 ) Investigate the condiin and behavior of any
2 dog or cat which he has reason to believe is vicious or dangerous
3 and if he finds such dog or cat to be vicious or dangerous in its
4 habits , he shall report his findings in writing, either by
5 hand-delivery or by mail , to the owner of such dog or cat if the
6 name and whereabouts of said owners are known, and if unknown,
7 then the dog or cat shall be impounded.
8 (d) Follow the provisions of the California Penal
9 Code, Section 597f in humanely destroying or giving emergency
10 care to sick or injured dogs and cats .
Section 7 . Entry Upon Private Property. Unless
11
12 otherwise prohibited by law, all persons whose duty it is to
13 enforce the provisions of this ordinance are hereby empowered to
14 enter upon private property, where any dog or cat is kept or
15 reasonably believed to be kept , for the purpose of ascertaining
16 whether such dog or cat is kept in violation of any provision of
17 this ordinance . Notwithstanding any provision in this ordinance
18 relating to entry upon private property for any purpose under
19 this ordinance, no such entry may be conducted : (a) without the
20 express or implied consent of the property owner or the person
21 having lawful possession thereof , or (b) unless an inspection
22 warrant has been issued and the entry is conducted in accordance
23 with California Code of Civil Procedure, Sections 1822 . 50 through
24 1822 . 56, inclusive, or (c) except as may otherwise be expressly
25 or impliedly permitted by law.
26 Section 8 . Dogs Running at Large . In the interest of
27 public health and safety. it shall be lawful for any person to
28 take up, in a humane manner, any dog running at large in
;ERALD J.GEERUNGS 19
COUNTY COUNSEL
SUITE 300
353S !OTH STREET
IVERSIDE CALIFORNIA
1 violation litimethis ordinance and prompt' to deliver such dog to'
2 the Chief Animal Control Officer .
3 Section 9 . Impounded Dogs and Cats
4 (a ) An impounded dog or cat may be redeemed upon
5 payment of the following fees ;
6 ( 1 ) For the first impoundment
7 within a twelve ( 12)
8 month period $15 .00 plus
9 $ 5 .00 for each day
10 of impoundment
11 (2 ) For the second impoundment
12 within a twelve ( 12) month
13 period $25 .00 plus
14 $ 5 .00 for each day
15 of impoundment
16 (3 ) For the third or
17 subsequent impound-
18 ment within a twelve
19 ( 12) month period . . . . $30.00 plus
20 $ 5 .00 for each
21 day of impoundment
22 (4) Notwithstanding any other provisions of
23 this ordinance, where a sterile dog or
24 sterile cat belonging to a person sixty
25 (60) years of age or older is impounded
26 and the owner produces a certificate,
27 signed by a veterinarian that such
28
;ERALD J.GEERLINGS
COUNTY COUNSEL 20
SUITE 300
3535 !Ong STREET
!VERSIDE.CALIFORNIA
•
•
1 " animal is perman`'!etly unable to
2 reproduce, the base impoundment fee for
3 such animal shall be fifty percent ( 50% )
4 of the applicable impoundment fee
5 specified in this ordinance plus $5 . 00
6 for each day of impoundment .
7 (b) The fee for destruction and disposal of any dog
8 or cat in accordance with any provision of this ordinance, shall
g be ten dollars ($10 . 00) .
10 (c) Any dog, four (4) months of age or older, which
11 has been impounded shall not be released from impoundment unless
12 it is licensed in accordance with the provisions of this
13 ordinance.
14 (d) Any officer acting under the provisions of this
15 ordinance and impounding a licensed dog pursuant to Section 6 ,
16 subsections (a ) ( 1) , (2 ) or ( 3 ) of this ordinance or a licensed
17 cat, shall give written notice by first class mail , postage
18 prepaid, to the last known address of the owner, of the
19 impounding of such dog or cat . If such dog or cat is not
20 redeemed within ten ( 10) days from the date of the mailing of
21 such notice, the officer having custody of the dog or cat shall
22 dispose of it in accordance with the provisions of Section 9 ,
23 subsection (g) of this ordinance, or shall destroy such dog or
24 cat.
25 (e) Upon impounding an unlicensed dog pursuant to
26 Section 6, subsections (a) ( 1) , (2 ) or (3 ) of this ordinance or
27 an unlicensed cat, the officer shall give notice to the owner , if
28 the owner and his whereabouts are known, of the impounding of
;ERALD J.GEERUNGS 21
COUNTY COUNSEL
SUITE 300
3535 10TH STREET
VERSIDE CALIFORNIA
1 �
1 such dog oat . If such dog or cat , not been redeemed within
2 five (5 ) days of the giving of such notice, the officer shall
3 dispose of such dog or cat in accordance with the provisions of
4 Section 9, subsection (g) of this ordinance, or shall destroy
5 such dog or cat . For the purpose of this subsection (e) , the
6 notice specified herein shall be given in the manner determined
7 by the officer as expedient under the circumstances .
8 (f ) The officer having custody of any impounded dog
g or cat may, by humane methods , summarily destroy such dog or cat
10 if :
11 (1) The dog or cat is suffering from any
12 incurable, dangerous or contagious
13 disease, providing a veterinarian shall
14 certify, in writing, that such dog or cat
15 is so suffering; or,
16 (2 ) It is an unlicensed vicious dog or cat .
17 (g) Any officer having in his custody any
18 unredeemed, impounded dog or cat may release such dog or cat to
19 any adult individual upon payment by that individual of the
20 impound fees and charges specified in Section 9, subsection (a)
21 of this ordinance and the spay/neuter deposit fee specified in
22 Section 10, subsection (a) of this ordinance, or to a nonprofit
23 corporation formed under to the provisions of the California
24 Corporations Code commencing with Section 10400 for the
25 prevention of cruelty to animals or to a nonprofit organization
26 formed under the laws of the State of California for the
27 prevention of cruelty to animals , for such sale or placement as
28 such nonprofit corporation or nonprofit organization may choose
ERALO J.GEERUNGS 2 2
COUNTY COUNSEL
sum 300
3535 !0TM STREET
JERSIOE CALIFORNIA
A
1 Releases of `IIwrgs or cats to such nonprt corporations or
2 nonprofit organizations pursuant to this Section 9 , subsection
3 (g) shall not be subject to the payment of the impound fees and
4 charges specified in Section 9 , subsection (a) of this ordinance,
5 but shall be subject to the spay/neuter deposit specified in
6 Section 10, subsection (a ) of this ordinance.
7 (h) It shall be unlawful for any person to remove
8 an impounded animal from an animal control center without the
9 permission of the officer in charge thereof .
10 Section 10. Spay/Neuter Deposits for Dogs and Cats .
11 (a) No person shall be permitted to adopt or
12 purchase any dog or cat which has not been spayed or neutered,
13 from any public pound. any animal shelter, or any humane shelter ,
14 society or organization, unless and until a deposit in the amount
15 of twenty dollars ($20.00) per animal has been paid by the
16 adopting person or purchaser to the pound, shelter, society or
17 organization from which the subject dog or cat is being adopted
18 or purchased. with the exception that when a female dog or her
19 puppies are adopted or purchased by one (1) person, only a single
20 such deposit shall be required .
21 (b) Upon the presentation to the Health Officer of
22
a written statement or receipt from a veterinarian that such
23 adopted or purchased dog or cat has been spayed or neutered ,
24 fifteen dollars ($15 . 00) of such deposit as is specified in
25 Section 10. subsection (a) of this ordinance shall be refunded to
26 the person who paid the deposit.
27 (c) Nothwithstanding the provisions of Section 10,
28 subsection (b) of this ordinance, any dog or cat over six (6 )
;ERALD J.GEERUNGS 23
COUNTY COUNSEL
SUITE 300
3535 LOTH STREET
IVERSIDE CALIFORNIA
1 months of 'Nee at the time it is adoptoot or purchased, shall be
2 spayed or neutered within sixty ( 60) days of the date of adoption
3 or purchase or the deposit provided in Section 10, subsection i
4 of this ordinance shall be deemed unclaimed and nonrefundable.
5 (d) Notwithstanding the provisions of Section 10,
6 subsection (b) of this ordinance, any dog or cat under the age of
7 six ( 6 ) months at the time it is adopted or purchased, shall be
8 spayed or neutered within six (6 ) months or the deposit provided
9 in Section 10, subsection (a) of this ordinance shall be deemed
10 unclaimed and nonrefundable.
11 Section 11 . Vicious Dogs and Cats, and Stray and
12 Barking Dogs .
13 (a) It shall be unlawful for the owner or person in
14 charge of any vicious dog or vicious cat to fail, neglect, or
15 refuse to keep posted in a conspicious place at or near the
16 entrance to the premises on or within which such dog or cat is
17 kept, a sign having letters at least two (2) inches in width and
18 two (2) inches in height and reading "Beware of Vicious Dog" or
19 "Beware of Vicious Cat" , as may be appropriate. No vicious dog
20 or vicious cat shall be permitted to leave the premises of the
21 owner or person in charge thereof unless such dog or cat is under
22 the immediate control and physical restraint of such owner or
23 person and in the case of a vicious dog, such dog shall be
muzzled.
24
25 (b) If it shall be determined by the Health Officer
that a dog or cat is a vicious dog or cat but is not afflicted
26
with rabies, the Health Officer shall thereupon order the person
27
who owns or has custody of such dog or cat that until further
28
;ERALD J.GEERLINGS 24
COUNTY COUNSEL
SUITE 300
353S !OTH STREET
ARSIDE CALIFORNIA
1 order of thbrrriealth Officer , the owner custodian of such dog
2 or cat shall keep the dog or cat securely- fastened by chain, or
3 securely confined within private property, or shall keep the dog
4 or cat in such manner as the Health Officer shall direct to
5 prevent such dog or cat from biting or having the opportunity to
6 bite any person. Failure to comply with any order of the Health
7 Officer made pursuant to this subsection (b) , on the part of the
•
8 owner or person having custody of the dog or cat which is the
g subject of such order , shall constitute a violation of this
10 ordinance.
11 (c) It shall be unlawful for the owner or person in
12 charge of any dog, whether licensed or unlicensed, to permit such
13 dog to run at large.
14 (d) It shall be unlawful for any person to keep or
15 allow to be kept, or suffer or permit any dog to remain upon the
16 premises under the control of such person, when such dog
17 habitually barks, whines or makes loud or unusual noises in such
18 a manner as to disturb the peace and quiet of the neighbors
19 surrounding or in the vicinity of such premises, or whose barking
20 or howling or other sound or cry interferes with any person of
21 ordinary sensitivity in the reasonable and comfortable enjoyment
22 of life and property.
23 Section 12 . Rabies Suppression, Control and Quarantine .
24 (a) If it shall appear to the Health Officer that
25 any animal has rabies, the Health Officer may destroy such animal
26 forthwith, or may hold such animal for further examination or
27 observation for such time as the Health Officer may determine to
28 be appropriate.
;ERALDJ.GEERUNGS
COUNTY COUNSEL 25
SUITE 300
3535 10TH STREET
IVERSIDE.CALIFORNIA
1 +"( b) Whenever any animals been bitten by an
2 animal which has rabies , which exhibits any symptoms of rabies or
3 which is otherwise suspected of having or having been exposed t
4 rabies, the owner or person having custody of such bitten animal
5 shall immediately notify the Health Officer, and shall
6 immediately confine the animal and maintain that confinement
7 until it is established to the satisfaction of the Health Officer
g that such animal does not have rabies . The Health Officer shall
g have the power to quarantine any such animal , or impound it at
10 the owner ' s expense if the owner or person having custody of such
11 animal shall fail, refuse, or is unable, in the opinion of the
12 Health Officer, to adequately confine such animal immediately, or ,
13 in the event the owner or person having custody of such animal is
14 not readily accessible.
15 (c) Whenever it is shown that any animal has bitt - -
16 any person, the owner or person having custody of such animal
17 shall upon the order of the Health Officer, quarantine such
18 animal and keep it confined at the owner ' s expense for a minimum
19 period of ten ( 10) days for dogs and cats and fourteen ( 14 ) days
20 for all other animals , and shall allow the Health Officer to make
21 an inspection or examination of such animal at any time during
22 such period of quarantine. Animals quarantined pursuant to this
23 subsection (c) shall not be removed from the premises upon which
24 such animal is quarantined without permission of the Health
25 Officer. The Health Officer is hereby authorized to impound any
26 animal at the owner ' s expense in the event the owner or person
27 having custody of such animal fails or refuses to so confine such
28 animal . Animals quarantined pursuant to this subsection (c) she _
,ERALD J.GEERUNGS
COUNTY COUNSEL 26
SUITE 300
3535 !OTH STREET
VERSIDE CALIFORNIA
•
1 remain undeuarantine until notice i` Ejiven by the Health
2 Officer that such quarantine is terminated .
3 (d) The Health Officer may, in his discretion, post
4 or cause to be posted an appropriate sign on any premises where
5 an animal is quarantined pursuant to this ordinance, for the
6 purpose of warning the public of the fact of such quarantine . It
7 shall be unlawful for any person to remove a sign posted pursuant
8 to this subsection (d) without the permission of the Health
g Officer.
10 (e) Whenever the Health Officer shall determine
11 that an epidemic of rabies exists or is threatened, the Health
12 Officer shall have the authority to take such measures as may be
13 reasonably necessary to prevent the spread of the disease,
14 including but not limited to the declaration of quarantine
15 against any or all animals in any area of the County of Riverside
16 as the Health Officer may determine and define, for a period of
17 not more than one hundred and twenty (120) days . An additional
18 or extended quarantine period may also be declared if such
1g additional or extended quarantine period shall be deemed
20 necessary by the Health Officer for the protection and
21 preservation of the public health, peace and safety. Any
22 quarantine declared pursuant to this subsection (e) , other than
23 as ree ricted herein, shall be upon such conditions as the Health
24 Officer may determine and declare.
25 (f ) No person shall bring a dog into an
26 unincorporated area of the County of Riverside from any city
27 located in the County of Riverside in which a reported case of
28 rabies exists or has existed within the past six (6 ) months , nor
;ERALD J.GEERUNGS
COUNTY COUNSEL 27
SUITE 300
3535 10T14 STREET
IVERSIDE.CALIFORNIA
1 shall any meson bring a dog into theiincorporated area of the
2 County of Riverside from any county, city, state or country in
3 which a reported case of rabies exists or has existed within tt
4 preceding six ( 6 ) months .
5 (g) In order to protect the public health from the
6 hazard of rabies which has been found to exist in skunks , a
7 quarantine is hereby imposed to continue until released by the
g Health Officer, whereby it is prohibited to trap or capture
g skunks for pets ; to trap, capture, or hold skunks in captivity
10 for any reason; to transport skunks from or into the County of
11 Riverside except pursuant to a permit issued by the California
12 Department of Health Services pursuant to Title 17, California
13 Administrative Code, Section 2606. 8 .
14 Section 13 . Cruelty to Does and Cats .
15 (a) Any dog or cat which is abandoned or treated � ^
16 a cruel or inhumane manner, or which is willfully or negligently
17 allowed to suffer torture or unnecessary pain in violation of
18 Section 13 , subsection (a) of this ordinance. may be impounded
19 and disposed of in a humane manner .
20 (b) At least five (5) working days prior to the
21 impoundment of any dog or cat pursuant to Section 13 , subsection
22 (a) of this ordinance, written notice shall be personal
23 delivery, registered or certified mail, postage prepaid , to the
24 last known address of the owner or person entitled to possession
25 of such dog or cat, of such person' s right to a hearing as to
26 whether or not such impoundment is justified. In the event the
27 owner or person entitled to possession of such dog or cat
28 requests a hearing prior to impoundment, no impoundment shall
ERALD J.GEERUNGS
COUNTY COUNSEL 28
SUITE 300
1535 !OTH STREET
ERSIDE CALIFORNIA
1 take place *worn the conclusion of suciearing, except as
2 otherwise provided herein. If , in the. opinion of the Health
3 Officer , immediate impoundment is necessary for the preservation
4 of the public health or safety or the health or safety of the dog
5 or cat, the pre-impoundment hearing shall be deemed waived;
6 provided however, that in such case the owner or person entitled
7 to possession of such dog or cat shall be given at least five (5)
8 working days notice as provided in this subsection (c) of his
9 right to a post-impoundment hearing. In the event a
10 post-impoundment hearing is requested, it shall be conducted by
11 the Health Officer personally or by a designated employee who
12 shall not have been directly involved in the subject action,
13 within five (5) days of the date the request is made, and the dog
14 or cat which is the subject of such hearing shall not be
15 destroyed or otherwise disposed of prior to the conclusion of
16 such hearing. Notice of the time, date and place of such hearing
17 shall be given to the owner or person entitled to possession of
18 the dog or cat which is the subject of such hearing. Within ten
19 ( 10) days after the conclusion of the hearing, the Health Officer
20 shall render, in writing, his findings, decision and order
21 thereon and shall give notice of said findings, decision and
22 order to the owner or person entitled to possession of the
23 subject dog or cat; service of such notice shall be made by
24 personal delivery or by registered or certified mail , postage
25 prepaid. If the impoundment is found to be unjustified, the cat
26 or dog which is the subject of such hearing shall be returned,
27 without charge, to the owner or the person entitled to possession
28 of such cat or dog. '
GERALDJ.GEERUNGS
COUNTY COUNSEL 29
SUITE 300
3535 10TH STREET
IIVERSIDE.CALIFORNIA
•
two
1 Section 14 . Enforcement .
2 (a ) The Health Officer shall supervise the
3 administration and enforcement of this ordinance and of the law_
4 of the State of California pertaining to the control of dogs and
5 shall have charge of animal control center employees and
6 facilities .
7 (b) The Board of Supervisors may enter into a
8 written agreement or agreements with any veterinarian or any
g organized humane society or association, which will undertake to
10 carry out the provisions of this ordinance and maintain and
11 operate a pound, and which will license, take up, impound and
12 dispose of animals . Any such veterinarian or society or
13 association which shall enter into such an agreement shall carry
14 out all of the provisions of this ordinance in the manner herein
15 prescribed .
16 (c) It shall be unlawful for any person to
17 interfere with, oppose or resist any officer or person empowered
18 to enforce the provisions of this ordinance while such officer or
19 person is engaged in the performance of his duties as provided
20 herein.
21 (d) Nothing in• this ordinance shall prevent the
22 Health Officer from acting, when he deems it appropriate to do
23 so, under the applicable provisions of California Penal Code,
24 Section 597, et seq.
25 Section 15 . Violation. Any person violating any of the
26 provisions of this ordinance shall be guilty of an infraction and
27 upon conviction thereof shall be punished by ( 1) a fine not
28 exceeding fifty dollars ($50 .00) for the first violation; (2) a
:RAW J.GEERUNGS
'COUNTY COUNSEL 30
SURE 300
1535 !OTH STREET
ERSIDE CALIFORNIA
,
1 fine not exc '"eding one hundred dollars $100. 00) for the second
2 violation within one ( 1 ) year; (3 ) a fine not exceeding two
3 hundred and fifty dollars ($250 .00) for each additional violation
4 within ( 1 ) year . Each day a violation is committed or permitted
5 to continue shall constitute a separate offense.
6 Section 16 . Public Nuisance.
7 (a) The possession or maintenance of any dog or cat
8 or the allowing of any dog or cat to be in violation of this
g ordinance, in addition to being a violation of this ordinance , is
10 hereby declared to be a public nuisance. The Health Officer and
11 any Riverside County peace officer are hereby directed and
12 empowered to summarily abate any such public nuisance
13 independently of any criminal prosecution or the results thereof ,
14 by any means reasonably necessary to accomplish said abatement
15 including but not limited to the destruction of the dog or cat
16 involved, or by the imposition of specific reasonable conditions
17 and restrictions for the maintenance of such dog or cat . Failure
18 to comply with such conditions and restrictions is a
19 misdemeanor . The owner of such dog or cat shall reimburse the
20 County of Riverside for all costs incurred in enforcing
21 compliance with the provisions of this Section 16. The County of
22 Riverside, by and through the Health Officer, may also commence
23 and maintain such proceedings in a court of competent
24 jurisdiction as are appropriate under the laws and regulations of
25 the State of California for the abatement and redress of public
26 nuisances .
27 (b) At least ten (10) working days prior to the
28 impoundment or abatement or both pursuant to Section 16 ,
RUNGS
'EL 31
lee •Iire
1 subsection (a ) of this ordinance, the owner or custodian of the
2 subject dog or cat shall be notified by the Health Officer, in
3 writing, of the right to a hearing to determine whether grounds
4 exist for such impoundment or abatement or , where applicable,
5 both. Said notice shall be served by hand-delivery or by
6 registered or certified mail , postage prepaid., return receipt
7 requested . If the owner or custodian requests a hearing prior to
8 impoundment or abatement, no impoundment or abatement shall take
g place until the conclusion of such hearing, except as provided in
10 Section 16, subsection (c) of this ordinance .
11 (c) When, in the opinion of the Health Officer,
12 immediate impoundment is necessary for the preservation of animal
13 or public health, safety or welfare, or if the subject dog or cat
14 has been impounded under any other provision of this ordinance or
15 any law or regulation of the State of California, the
16 pre-impoundment hearing shall be deemed waived; provided,
17 however, that the owner or custodian of the subject dog or cat
18 shall be given notice by the Health Officer, in writing, which
19 would allow five (5) working days to request an abatement
20 hearing. Service of such notice shall be in accordance with the
21 service methods specified in Section 16, subsection (b) of this
22 ordinance. Where requested by such owner or custodian, a hearing
23 shall be held within five (5) days of the request therefor, and
24 the subject dog or cat shall not be disposed of prior to the
25 conclusion of the hearing. If, after five (5) working days from
26 the date of service of the notice specified in this subsection
27 (c) of Section 16 of this ordinance, no request for a hearing is
28 received from the owner or custodian of the subject dog or cat,
,ERALW J.GEERLRNGS
COUNTY COUNSEL 32
SUITE 300
3535 :MI STREET
VERSIDE CALIFORNIA
1 such dog or 'tillet shall be disposed of pu`8uant to applicable
2 provisions of law.
3 (d) All hearings pursuant to Section 16 of this
4 ordinance shall be conducted by the Health Officer personally or
5 by a designated employee who shall not have been directly
6 involved in the subject action. Hearings shall be held not more
7 than ten ( 10) days from the date of receipt of the request for
8 the hearing and shall be conducted in an informal manner
g consistent with due process of law. A hearing may be continued
10 for a reasonable period of time if the Health Officer deems such
11 continuance to be necessary and proper or if the owner or
12 custodian shows good cause for such continuance. Within ten ( 10)
13 days after the conclusion of the hearing, the Health Officer
14 shall render, in writing, his findings, decision and order
15 thereon and shall give notice of said findings , decision and
16 order to the owner or custodian of the subject dog or cat;
17 service of such notice shall be in accordance with the service
18 methods specified in Section 16, subsection (b) of this ordinance .
19 Section 17 . Adiustments of fees . All of the fees set
20 forth in this ordinance shall be in effect until the Board of
21 Supervisors shall by resolution fix some other fees upon the
22 basis of a cost-analysis as determined by the Riverside County
23 Auditor-Controller or, where applicable, pursuant to a change in
24 the applicable laws and regulations of the State of California .
25 or where applicable, both.
26 Section 18 . Severability. If any provision, clause,
27 sentence or paragraph of this ordinance or the application
28 thereof to any person' or circumstances shall be held invalid ,
,ERALD J.GEEALINGS
COUNTY COUNSEL 33
SUITE 300
3535 LOTH STREET
vERSIDE CALIFORNIA
1 such invalfIlty shall not affect the ;slither provisions or
2 applications of the provisions of this ordinance which can be
3 given effect without the invalid provision or application, and
4 this end, the provisions of this ordinance are hereby declared to
5 be severable.
6 Section 19 . Ordinances Nos . 455 , 455 . 1 through 455 . 70 ,
7 inclusive, are hereby repealed .
3 Section 20. This ordinance shall take effect sixty ( 60)
g days after its adoption.
10 BOARD OF SUPERVISORS OF THE COUNTY
OF RIVE SIDE, STATE OF CALIFORNIA
11 ATTEST:
12 GERALD A. MALONEY By d a 41,---n--\
Clerk of the Board Chairman
13 /)
By 0a
14 Deputy
15 (SEAL)
16
17
18
19
20
21
22
23
24
25
26
MR: rmh 27
D: 1592
•
ev . 1 / 16/0
ERALD/.GEERUNGS
COUNTY COUNSEL 34
SUITE 300
3535 LOTH STREET
ERSIDE CALIFORNIA
•
2
3
4
5
6
7
8
9
10
11
12
13
14
15 STATE OF CALIFORNIA)
16 ) ss.
COUNTY OF RIVERSIDE)
17 I HEREBY CERTIFY that at a regular meeting of the board of Supervisors of said county
18 held on_ February 3 19_31, the foregoing ordinance consisting of ?n
19 sections was adopted by said Board by the following vote:
20 AYES: Supervisors Dunlap, Ceniceros, Larson, Younglove, Abraha:
21 NOES: None
22 ABSENT: None
23 GERALD A. MALONEY
24 Dated: 2-3—S7 Clerk of the Board
25 By: ant Deputy
(Seal)
26
27
28
29
30 417pre21
.r.✓ +ewe
R E G r--vv L U
' ��D � 1 1992 i
. .� -. .
' ^
To: Ray Diaz, ACM/Dir. of Planning and Community Deve
V,IfY OF PALM MIRT
From: Thomas Theobald, Maintenance Services Manager
Re: Olsen Field
Date: April 20, 1992
Early last week I received a call from Dolores Driscoll , a Park
and Recreation Commissioner, about the condition of Olsen Field .
This area is used by the Pony baseball league as their main
playing field. The field and surrounding area is in terrible
disrepair. The bleachers are broken and a potential safety
hazard , the dugouts are falling apart, the field turf is cut
sporadically (not by us ) and there is mounting trash .
While the City maintains the adjacent Community Park, we have no
maintenance agreement or ownership of Olsen Field . As far as I
know, the school district owns the field and has maintained the
area along with the sports league. The school informed
Commissioner Driscoll that they Q_qgt maintain the field and
that the City is responsible. I asked other long time employees
with the City if we have ever maintained this area and received a '
negative response.
Commissioner Driscoll has a legitimate concern about the '
condition of the field area, The School owns the property but
claims they don't maintain it. She asked me if we would maintlin
it and I explained to her that we can't maintain a property we
don't own or have a maintenance agreement with . She informed me
that she would contact a higher authority in the City - I assume
she meant you.
Ray, I would be happy to help in this matter but we have neither
the time nor the money to add any more maintenance areas to our,
Parks Division. If there is any way I can help mitigate this,
please let me know.
`� � '
Tom Theobald
cc : Dick Folkers