HomeMy WebLinkAboutORD 503il
ORDINANCE NO. 503
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 l of the C i ty of Palm Desert,
California, DOES HEREBY ORDAIN, as follows:
Section 1: 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 , 1967, by the following vote:
AYES: BENSON, CRITES, SNYDER, WILSON, KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ell
RICH RD KELLY, MAYOR
City of Palm Desert, Cai'ifornia
ATTEST:
SHEILA R. GI LIGAN, C CLERK
CITY OF PALM DESERT CALIFORNIA
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Introduced 1/27/87
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ORDINANCE NO. 630
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AN ORDINANCE OF THE COUNTY OF RIVERSIDE
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REGULATING THE KEEPING AND CONTROL OF
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DOGS AND CATS AND PROVIDING FOR THE
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CONTROL AND SUPPRESSION OF RABIES
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The Board of Supervisors of the County of Riverside
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Ordains as Follows:
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Section 1. Definitions. Whenever, in this ordinance or
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in any resolution or standard adopted by the Board of Supervisors
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pursuant to this ordinance, the following terms are used, they
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shall have the meaning ascribed to them in this Section 1, unless
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it is apparent from the context thereof that some other meaning
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is intended.
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(a) At large. Any dog which is off the premises of
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its owner, custodian or caretaker and which is not under physical
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restraint by a leash of a size and material appropriate to the
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size and temperament of the dog and which is held by a person
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capable of restraining such dog, or is not otherwise physically
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restrained by some other device or instrumentality, except that
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such device or instrumentality shall not include voice control,
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eye control or signal control of the dog by any person, device or
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instrumentality.
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(b) Cattery. Any building, structure, enclosure or
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premises whereupon, or within which, ten (10) or more cats, four
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(4) months of age or older, are kept or maintained.
RALD J. GEERUNGS
OUNTY CCKINSEL
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.�) Chief Animal Control ficer. The Chief Animal
Control Officer of the County of Riverside or his duly authorized'
representative.
(d) Class I kennel. Any building, structure,
enclosure or premises whereupon, or within which, five (5) to ten
(10) dogs, four (4) months of age or older, are kept or
maintained.
(e) Class II kennel. Any building, structure,
enclosure or premises whereupon, or within which, eleven (11) or
more dogs, four (4) months of age or older, are kept or
maintained.
(f) Community. Any public entity which is
authorized by law to regulate and control dogs or cats or both.
(g) Any dog trained or being reared,
trained or used for the purpose of
(h) Health Officer. The Health Officer of the
County of Riverside or his duly authorized representative.
(i) Impounded. Having been received into the
custody of any animal control center, animal control officer,
animal control vehicle or peace officer duly authorized by the
County of Riverside to receive such animal.
(j) Person. Any individual, firm, partnership,
joint venture, corporation, association, club or organization.
(k) Public entity. Any state, or any political
subdivision, municipal corporation or agency thereof.
(1) Any dog trained to work without
supervision in a fenced facility and to deter or detain
unauthorized persons found within the facility. T ��
BALD J. GEERLINGS
:OUNTY COUNSEL Z
SUITE t535. ! M STREET ULI .
ERSIDE UFORNIA
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(m) Any dog being reared, trained or
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used for the purpose of fulfilling the particular requirements of
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a =c including but not limited to minimal
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protection work, rescue work, pulling a wheelchair or fetching
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dropped items.
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(n) &Waal . Any dog trained or being reared,
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trained or used for the purpose of or a
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person whose hearing is impaired, to intruders or sounds.
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(o) Unlicensed dog. Any dog for which no valid
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license is currently in force.
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(p) Vaccination. An innoculation against rabies of
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any dog or cat, four (4) months of age or older, with any vaccine
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prescribed for the purpose by the California Department of Health
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Services.
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(q) Veterinarian. A person holding a currently
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valid license to practice veterinary medicine issued by the State
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of California pursuant to Chapter 11 of the California Business
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and Professions Code.
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(r) Vicious dog/vicious cat. Any dog or cat which
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has bitten a person or animal without provocation or direction or
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which has a disposition or propensity to attack or bite any
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person or animal without provocation or direction.
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Section 2. Mandatory Dog Licensing and Vaccination.
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(a) Except as provided in Section 4, subsection (a)
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of this ordinance, it shall be unlawful for any person to own,
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harbor or keep any dog, four (4) months of age or older, within
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the unincorporated area of the County of Riverside, for a period
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OUNTY COUNSEL
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OUNTY COUNSEL I
SUITE 300
,35 !OTH STREET
RSIOE CALIFORNIA
longer than L.iirty (30) days, unless a currently valid license
tag has been issued by the Health Officer or any agency
authorized by the County of Riverside for such purpose.
(b) It shall be unlawful for any person to own,
harbor or keep any dog, four (4) months of age or older, within
the unincorporated area of the County of Riverside, for a period
longer than thirty (30) days, which has not been vaccinated
against rabies. Eery person in the unincorporated area of the
County of Riverside who owns, harbors or keeps any dog over four
(4) months of age for a period longer than thirty (30) days shall
have such dog vaccinated against rabies as provided herein, by a
veterinarian of his choice and such vaccination shall be renewed
in accordance with the applicable laws and regulations of the
State of California.
(c) Each veterinarian after vaccinating any dog
shall sign a certificate of vaccination in duplicate in the form
required by the Health Officer. The veterinarian shall keep one
(1) copy and shall give one (1) copy to the owner of the
vaccinated dog and the owner shall retain such copy in his
possession.
(d) The Health Officer shall issue a license only
upon presentation of a certificate of vaccination indicating
therein that the date of expiration of the vaccination immunity
is not earlier than the date of expiration of the license being
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issued or ren,.,ed, and upon payment of L : applicable license fee
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specified in Section 2, subsection (f)*of this ordinance;
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provided, however, that where the vaccinated dog is between the
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ages of four (4) months and twelve (12) months, the period of
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vaccination immunity required for licensing shall be as specified
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in Title 17, California Administrative Code, Section 2606.4.
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(e) Notwithstanding the provisions of Section 2,
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subsections (b) and (d) of this ordinance, in the event a dog has
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a short-term illness, is pregnant, or suffers from a long-term
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debilitating illness which in the opinion of a veterinarian
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contraindicates vaccination for rabies, such dog shall not be
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required to undergo vaccination during the period of such illness
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or pregnancy where a request for vaccination deferral has been
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approved by the Health Officer. Such request shall specify the
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duration of the requested deferral, the reason for the requested
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deferral, and shall be signed by a veterinarian. The Health
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Officer shall issue a license for such dog upon approval of the
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request for vaccination deferral and payment of the applicable
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license fee specified in Section 2, subsection (f) of this
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ordinance. The owner or person having custody of such dog shall
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confine and shall keep such dog confined, for the duration of the
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deferral. Within fourteen (14) days after the expiration of the
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deferral, the owner or person having custody of such dog shall
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present to the Health Officer a certificate of vaccination in
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accordance with the provisions of Section 2, subsection (d) of
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this ordinance.
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(f) Subject to the provisions of Section 2 of this
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ordinance, licenses shall be issued upon payment of the following
:BALD J. GEERUNcs
fees:
COUNTY COUNSEL
SUITE 300
S IOTM STREET 'ER
CALIFORNIA
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:RALD J. GEERUPIGS
COUNTY COUNSEL
SUITE 300
3535 :GTH STREET
)ERSIDE. CALIFORNIA
(1) License valid fo- one (1) year
from date of issuance, for each
sterile dog, accompanied by a
certificate signed by a veterinarian
that said dog is permanently
unable to reproduce . . . . .
$ 7.00
(2)
License valid for one (1) year
from date of issuance, for each
dog to which the provisions of
Section 2, subsections (f)• M
and (7) of this ordinance are
not applicable . . . . . . . . .
$14.00
(3)
License valid for two (2) years
from date of issuance, for each
sterile dog, accompanied by a
certificate signed by a
veterinarian that said dog is
permanently unable to
reproduce . . . . . . . . . . .
$11.00
(4)
License vali.d for two (2) years
from date of issuance, for each
dog to which the provisions of
Section 2, subsections (f) (3)
and (8) of this ordinance
are not applicable . . . . . .
$22.00
(5)
License valid for three (3)
years from date of issuance,
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for each sterile .og,
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accompanied by -a certificate
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signed by a veterinarian that
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said dog is permanently unable
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to reproduce . . . . . . . . .
$14.00
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(6) License valid for three (3)
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years from date of issuance,
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for each dog to which the
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provisions of Section 2,
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) ' `` . subsections (f) (5) and (9) are
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not applicable . . . . . . . .
$28.00
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(7) License valid for one (1) year
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from date of issuance, for each
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sterile dog, which is owned by a
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person sixty (60) years of age
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or older, and is accompanied by
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a certificate signed by a
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veterinarian that said dog is
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permanently unable to
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reproduce . . . . . . . . . . .
$ 3.001
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(8) License valid for two (2) years
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from the date of issuance, for
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each sterile dog, which is owned
by
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a person sixty (60) years of age
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or older, and is accompanied by
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a certificate signed by a
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veterinarian that said dog is
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permanently unable to
:RALD J. GEERUNGS
reproduce . . . . . . . . . . .
$ 5.00
COUNTY COUNSEL
SUITE 300
ISM IOTN STREET
7
'ERSIDE CALIFORNIA
MI
(9) License valid fo.. three (3)
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BALD J. GEERLINGS
OUNTY COUNSEL
SOME 300
535 MTM STREET
ERSIDE CALIFORNIA
years from the date of issuance,
for each sterile dog, which is
owned by a person sixty (60)
years of age or older, and is
accompanied by a certificate
signed by a veterinarian that
said dog is permanently unable
to reproduce . . . . . . . . . $ 7.00
(g) No fee shall be required for a license for any
guide dog, signal dog or service dog, if such dog is in the
possession and under the control of, in the case of a guide dog,
a blind person, or in the case of a signal dog, a deaf or hearing -
impaired person, or in the case of a service dog, a physically
disabled person, or where such dog is in the possession and and -
the control of a bona fide organization having as its primary
purpose the furnishing and training of guide dogs for the blind,
signal dogs for the deaf or hearing -impaired, or service dogs for
the physically disabled.
(h) No fee shall be required for a license for any
dog owned by a public entity.
(i) Each license specified in Section 2 of this
I
ordinance shall be valid for the period specified in Section 2
and shall be renewed within thirty (30) days after such period
terminates, except that where the current vaccination for the dog
which is the subject of the license shall expire prior to the
expiration date of the license being applied for, the Health
Officer may upon.request of the owner or custodian of such dog,
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BALD J GEERUNGS
:OUNTY COUNSEL
SUITE 300
535 10TM STREET
ERSIDE CALIFORNIA
backdate such _1cense so that its expiry on date occurs
concurrent with or prior to the expiration date of the
vaccination; provided, however, that where such backdating is
performed, there shall be no reduction or discount of the license
fee applicable to the license applied for, and such license shall
be renewed within thirty (30) days after the date of its
expiration.
(j) If an application for a license is made more
than thirty (30) days after the date a dog license is required
under this ordinance, the applicant shall pay, in•addition to the
applicable license fee, a late fee of fifteen dollars ($15.00).
(k) Whenever a dog validly licensed under this
ordinance shall have died more than three (3) months before the
expiration date of the license, the owner of such dog may return
the license tag to the Health Officer, accompanied by a statement
signed by a veterinarian or a declaration signed under penalty of
perjury by the owner, indicating that such dog is dead and
specifying the date of death. In such event, the license shall
be cancelled and a pro-rata credit of the license fee by full
calendar quarters of the original license period remaining after
the death of the dog may be applied during said remaining period
to the license fee for another dog acquired by the same owner.
(1) Upon transfer of ownership of any dog validly
licensed under this ordinance, the new owner shall notify the
Health Officer of such transfer within thirty (30) days of such
transfer, on a form prescribed by the Health Officer, accompanied
by a transfer fee of two dollars ($2.00).
(m) Notwithstanding the provisions of Section 2,
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subsection (,-, of this ordinance, where a person moves into the
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unincorporated area of the County.of Riverside from another
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community who owns a dog which is currently vaccinated against
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rabies and for which dog a license was issued by such other
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community, such license shall be deemed valid for a period of one
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(1) year from the date such person moves into the unincorporated
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area of the County of Riverside or the date of expiration of the
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license issued by such other community, whichever is earlier. If
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an application for a license from the Health Officer is made more
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than thirty (30) days after such license is required, the
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applicant shall pay, in addition to the applicable license fee, a
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late fee of fifteen dollars ($15.00).
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(n) If a valid license tag is lost or destroyed, a
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duplicate thereof may be procured from the Health Officer upon
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submission to the Health Officer of a statement signed by the
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owner of the dog containing the date and circumstances of such
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loss or destruction and the payment of a fee of five dollars
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($5.00).
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(o) Upon request of the Health Officer, any owner
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of a dog for which a license is required under the provisions of
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this ordinance shall present to the Health Officer a currently
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valid certificate of rabies vaccination or license tag.
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(p) It shall be unlawful for any person to make use
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of a stolen, counterfeit or unauthorized license, tag,
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certificate or any other document or thing for the purpose of
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evading the provisions of this ordinance.
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section 3. Optional Licensing of Cats. An owner of a
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cat may be issued a license and tag for such cat upon
RAW J. GEERLINGS
OUNrY COUNSEL
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wME Wo
1535 !OTM STREET
'ERSIDE CALIFORNIA
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presentation Lo the Health Officer of a certificate of
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vaccination signed by a veterinarian certifying that such a cat
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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
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immunity indicated in the certificate of vaccination.
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Section 4. Mandatory Licensing of Kennels and Catteries.
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(a) No person shall operate or maintain a kennel or
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a cattery as those terms are defined in Section 1, subsections
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(b), (d) and (e) of this ordinance without first obtaining an
10
appropriate license therefor from the Health Officer. Such
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license shall be valid for a period of either one (1) or two (2)
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years from the date of issuance, except that the Health Officer
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may, in his discretion, limit the duration of the license to one
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(1) year when he deems such limitation to be appropriate. Said
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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
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the requirements of individual license tags as provided in
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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, I
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shall be as follows:
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(1) Class I Kennel license,
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one (1) year . . . . . . . . . . $ 80.00
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(2) Class I Kennel license,
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two (2) years . . . . . . . . . $120.00
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(3)' Class II Kennel license,
RALD J. GEERUNGS
OUNTV COUNSEL
one (1) year . . . . . . . . . . $12 0 . 0 0
SUITE 3J0
535 10TM STREET
11
_RSIDE. CALIFORNIA
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(4) Class II Kennel _icense,
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two (2) years . . . . . . . . . $180.0r
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(5) Cattery license, one (1) year $ 8( 3
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(6) cattery license, two (2) years $120.00
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(7) Late fee . . . . . . . . . . fifty percent
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(50%) of the
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applicable one
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(1) year
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license fee
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(b) Application for a kennel or cattery license
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shall be filed with the Health Officer on a form prescribed by him
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not later than ten (10) days after obtaining written verification
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from the Riverside County Planning Department that the operation
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of the kennel or cattery is in compliance with the applicable
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provisions of Riverside County Ordinance No. 348. Said
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application form, when completed, shall contain such information
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as may reasonably be required by the Health Officer for the
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purposes of enforcement of this ordinance, including but not
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limited to the current home telephone number of the caretaker of
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the subject kennel or cattery and another current telephone
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number for emergency use or messages when such caretaker is
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absent from the subject kennel or cattery. Where a kennel or
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cattery is sought to be operated upon leased or rented premises,
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a letter of consent from the owner of the premises to the effect
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that the kennel or cattery may be maintained and operated on such
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premises shall be submitted to the Health Officer at the time the
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application for the kennel or cattery license is submitted.
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:BALD J. GEERLIft"
-OUNTY COUNSEL
SUITE 300
12
1535 !0TH STREET
ERSIDE CA:IFORNIA
After receipt of a kenti_L 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
8 applicable ordinances of the County of Riverside and the
9 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
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
:BALD J. GEERLINGS
ZOUNTY COUNSEL l 3
SUME lio
WS LOTH 5'REET
ERSIDE CAOFORNIA
1 license appl.-ation. Such inspections _.call 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
8 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 Section
16
4, Subsection (a) of this ordinance; provided, however, that ali
17
other provisions of Section 2, subsection (b) and Section 4 of
18
this ordinance shall be applicable to any such nonprofit
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corporation.
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(f) Notwithstanding the provisions of Section 4,
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subsection (c) and Section 5, subsection (a) of this ordinance, a
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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
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current and otherwise valid license issued prior to such date
25
pursuant to the provisions of Riverside County Ordinance No. 455,
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shall, for a period of twenty (20) years from the effective date
27
of this ordinance, be required to comply only with those
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requirements for.licensure and operation other than license fel
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:OUNTY COUNSEL
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535 !OTH STREET
ERSIDE CALIFORNIA
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as were requitcd for such kennel or cattt.y under Riverside
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County Ordinance No. 455; provided, however, that where there
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occurs a transfer of ownership of such kennel or cattery five (5)
4
years or more after the effective date of this ordinance, such
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kennel or cattery shall, upon such transfer of ownership, be
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required to comply with the requirements for licensure and
7
operation specified in this ordinance. The license fees for a
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kennel or cattery described in the first (1st) sentence of this
g
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
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dogs, and no individual licenses shall be issued for
20
such dogs.
21
(2) For a cattery for which a current and
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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
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RALD J. GEERLINGS
:OUNTY COUNSEL
1 S
SUITE 300
535 10TM STREET
ERSIDE. CALIFORNIA
1
Sec .,)n 5. Denial, Suspensio,_,,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 prdinance.
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 I
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
RALDJ.GEERlJNGS
OUNTVCOUNSEL
denial, suspension or revocation b filing with the Clerk of the
p y g
SUITE 3W
535 10TH STREET
16
ERSIDE CALIFORNIA
1
Board of Supervisors within fifteen (15) -dys 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
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
RALD J. GEERLINGS
:0UNTY COUNSEL
17
SUITE
rTREET
535 IOTM ST
ERSIDE CALIFORNIA
1
appropriate -_..,der this ordinance or ank�other provision of law
2
respecting the subject kennel or cattery, including but not
3
limited to the abatement of public nuisances, inspection of th(
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.
8
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
13
of the State of California;
19
I
(2) Any dog which, without provocation or
20
direction, is molesting any person; and
i
21
(3) Any dog which, without provocation or
I
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.
:RALD J. GURUNGS
I
ZOUNTY COUNSEL 1
18
SUITE 300
".35 `OTH STREET
ERSIDE CALIFORNIA
1 (c) Investigate the conditiva and behavior of any
i 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.
11 Section 7. Entry Upon Private Property. Unless
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
BALD J. GEERUNGS
MUNTY COUNSEL 19
SUITE 300
1535 10TM STREET
'ERSIDE CALIFORNIA
1
violation of this ordinance and promptly 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)
g
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
23
BALD J. GEERUNGS
;OUNTY COUNSEL
20
SUITE 300
$35 !OTH STREET
ERSIOE CALIFORNIA
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'.RALD J. GEERUNGS
ZOUNTV COUNSEL
SUITE 300
1535 10TH STREET
'ERSIDE CALIFORNIA
animal is permanently unable to
reproduce, the base impoundment fee for
such animal shall be fifty percent (50%)
of the applicable impoundment fee
specified in this ordinance plus $5.00
for each day of impoundment.
(b) The fee for destruction and disposal of any dog
or cat in accordance with any provision of this ordinance, shall
be ten dollars ($10.00).
(c) Any dog, four (4) months of age or older, which
has been impounded shall not be released from impoundment unless
it is licensed in accordance with the provisions of this
ordinance.
(d) Any officer acting under the provisions of this
ordinance and impounding a licensed dog pursuant to Section 6,
subsections (a) (1). (2) or (3) of this ordinance or a licensed
cat, shall give written notice by first class mail, postage
prepaid, to the last known address of the owner, of the
impounding of such dog or cat. If such dog or cat is not
redeemed within ten (10) days from the date of the mailing of
such notice, the officer having custody of the dog or cat shall
dispose of it in accordance with the provisions of Section 9,
subsection (g) of this ordinance, or shall destroy such dog or
cat.
(e) Upon impounding an unlicensed dog pursuant to
Section 6, subsections (a) (1), (2) or (3) of this ordinance or
an unlicensed cat, the officer shall give notice to the owner, if
the owner and his whereabouts are known, of the impounding of
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W-1I
1ALD J GEERUNGS
CIUNTV COUNSEL
SUITE 300
,35 '.OTH STREET
RSIOE CALIFORNIA
such dog or _C.. If such dog or cat ha not been redeemed within
five (5) days of the giving of such notice, the officer shall
dispose of such dog or cat in accordance with the provisions of
Section 9, subsection (g) of this ordinance, or shall destroy
such dog or cat. For the purpose of this subsection (e), the
notice specified herein shall be given in the manner determined
by the officer as expedient under the circumstances.
(f) The officer having custody of any impounded dog
or cat may, by humane methods, summarily destroy such dog or cat
if.
(1) The dog or cat is suffering from any
incurable, dangerous or contagious
disease, providing a veterinarian shall
certify, in writing, that such dog or cat
is so suffering; or,
(2) It is an unlicensed vicious dog or cat.
(g) Any officer having in his custody any
unredeemed, impounded dog or cat may release such dog or cat to
any adult individual upon payment by that individual of the
impound fees and charges specified in Section 9, subsection (a)
of this ordinance and the spay/neuter deposit fee specified in
Section 10, subsection (a) of this ordinance, or to a nonprofit
corporation formed under to the provisions of the California
Corporations Code commencing with Section 10400 for the
prevention of cruelty to animals or to a nonprofit organization
formed under the laws of the State of California for the
prevention of cruelty to animals, for such sale or placement as
such nonprofit corporation or nonprofit organization may choose
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?RALD J. GIE RUncs
COUNTY COUNSEL
SURE 300
3535 IOTH STREET
/ERSIDE CALIFORNIA
Releases of d,.ys or cats to such nonproL__ corporations or
nonprofit organizations pursuant to this Section 9, subsection
(g) shall not be subject to the payment of the impound fees and
charges specified in Section 9, subsection (a) of this ordinance,
but shall be subject to the spay/neuter deposit specified in
Section 10, subsection (a) of this ordinance.
(h) It shall be unlawful for any person to remove
an impounded animal from an animal control center without the
permission of the officer in charge thereof.
Section 10. Spay/Neuter Deposits for Dogs and Cats.
(a) No person shall be permitted to adopt or
purchase any dog or cat which has not been spayed or neutered,
from any public pound, any animal shelter, or any humane shelter,
society or organization, unless and until a deposit in the amount
of twenty dollars ($20.00) per animal has been paid by the
adopting person or purchaser to the pound, shelter, society or
organization from which the subject dog or cat is being adopted
or purchased, with the exception that when a female dog or her
puppies are adopted or purchased by one (1) person, only a single
such deposit shall be required.
(b) Upon the presentation to the Health Officer of
a written statement or receipt from a veterinarian that such
adopted or purchased dog or cat has been spayed or neutered,
fifteen dollars ($15.00) of such deposit as is specified in
Section 10, subsection (a) of this ordinance shall be refunded to
the person who paid the deposit.
(c) Nothwithstanding the provisions of Section 10,
subsection (b) of this ordinance, any dog or cat over six (6)
23
1
i
months of age at the time it is adopted -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 k
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
26
that a dog or cat is a vicious dog or cat but is not afflicted
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
.
RALO J. GEERLINGS
24 I
MUSTY COUNSEL
SUITE 300
535 !0TH STREET
ERSIDE CALIFORNIA
1
order of the .._alth Officer, the owner o_ 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
9
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. '
=BALD J. GURLINGS
COUNTY COUNSEL
2 5
SUITE 3M
3535 LOTH STREET
'ERSIDE CALIFORNIA
1
(b) Whenever any animal ha"s 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
3
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 I
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) sh&
:BALD J. GEERUNGS
C()UNTY COUNSEL
26
SUrTE 300
3535 IOTH STREET
%ERSIOE CALIFORNIA
1
remain under ..larantine until notice is riven 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
9
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
19
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 restricted 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
=BALD J. GEERLJMGS
COUNTY COUNSEL
2 7
SUITE 300
3535 30TM STREET
%ERSME CALIFORNIA
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RALD J. GEERLINGS
'OUNTY COUNSEL
SUITE 300
535 !OTH STREET
'_RSIDE CALIFORNIA
shall any pe..,on bring a dog into the L__incorporated area of the
County of Riverside from any county, city, state or country in
which a reported case of rabies exists or has existed within ti
preceding six (6) months.
(g) In order to protect the public health from the
hazard of rabies which has been found to exist in skunks, a
quarantine is hereby imposed to continue until released by the
Health Officer, whereby it is prohibited to trap or capture
skunks for pets; to trap, capture, or hold skunks in captivity
for any reason; to transport skunks from or into the County of
Riverside except pursuant to a permit issued by the California
Department of Health Services pursuant to Title 17, California
Administrative Code, Section 2606.8.
Section 13. Cruelty to Dods and Cats.
(a) Any dog or cat which is abandoned or treated
a cruel or inhumane manner, or which is willfully or negligently
allowed to suffer torture or unnecessary pain in violation of
Section 13, subsection (a) of this ordinance, may be impounded
and disposed of in a humane manner.
(b) At least five (5) working days prior to the
impoundment of any dog or cat pursuant to Section 13, subsection
(a) of this ordinance, written notice shall be personal
delivery, registered or certified mail, postage prepaid, to the
last known address of the owner or person entitled to possession
of such dog or cat, of such person's right to a hearing as to
whether or not such impoundment is justified. In the event the
owner or person entitled to possession of such dog or cat
requests a hearing prior to impoundment, no impoundment shall
28
1
take place un__l the conclusion of such taring, 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
g
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. '
'_RALD J. GEERUNGS
COUNTY COUNSEL
SOME 300
2 9
Z35 LOTH STREET
/ERSME CALIFORNIA
1
i
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
g
written agreement or agreements with any veterinarian or any
9
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
WDJ.GEERUNGS
Cwnrr COUN5EL
3 0
SUITE 300
>35 !OTM 5TREET
.RSIDE CALIFORNIA
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fine not exceeding one hundred dollars ($100.00) for the second
violation within one (1) year; (3) a fine not exceeding two
hundred and fifty dollars ($250.00) for each additional violation
within (1) year. Each day a violation is committed or permitted
to continue shall constitute a separate offense.
Section 16. Public Nuisance.
(a) The possession or maintenance of any dog or cat
or the allowing of any dog or cat to be in violation of this
ordinance, in addition to being a violation of this ordinance, is
hereby declared to be a public nuisance. The Health Officer and
any Riverside County peace officer are hereby directed and
empowered to summarily abate any such public nuisance
independently of any criminal prosecution or the results thereof,
by any means reasonably necessary to accomplish said abatement
including but not limited to the destruction of the dog or cat
involved, or by the imposition of specific reasonable conditions
and restrictions for the maintenance of such dog or cat. Failure
to comply with such conditions and restrictions is a
misdemeanor. The owner of such dog or cat shall reimburse the
County of Riverside for all costs incurred in enforcing
compliance with the provisions of this Section 16. The County of
Riverside, by and through the Health Officer, may also commence
and maintain such proceedings in a court of competent
jurisdiction as are appropriate under the laws and regulations of
the State of California for the abatement and redress of public
nuisances.
(b) At least ten (10) working days prior to the
impoundment or abatement or both pursuant to Section 16,
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°RA D J. GEERLINGS
COUNTY COUNSEL
SUITE 300
3535 :OTH STREET
ERSIDE CALIFORNIA
subsection (a) of this ordinance, the owner or custodian of the
subject dog or cat shall be notified by the Health Officer, in
writing, of the right to a hearing to determine whether grounds
exist for such impoundment or abatement or, where applicable,
11 both. Said notice shall be served by hand -delivery or by
registered or certified mail, postage prepaid., return receipt
requested. If the owner or custodian requests a hearing prior to
impoundment or abatement, no impoundment or abatement shall take
place until the conclusion of such hearing, except as provided in
Section 16, subsection (c) of this ordinance.
(c) When, in the opinion of the Health Officer,
immediate impoundment is necessary for the preservation of animal
or public health, safety or welfare, or if the subject dog or cat
has been impounded under any other provision of this ordinance or
any law or regulation of the State of California, the
pre -impoundment hearing shall be deemed waived; provided,
however, that the owner or custodian of the subject dog or cat
shall be given notice by the Health Officer, in writing, which
would allow five (5) working days to request an abatement
hearing. Service of such notice shall be in accordance with the
service methods specified in Section 16, subsection (b) of this I
ordinance. Where requested by such owner or custodian, a hearing
shall be held within five (5) days of the request therefor, and
the subject dog or cat shall not be disposed of prior to the
conclusion of the hearing. If, after five (5) working days from
the date of service of the notice specified in this subsection
(c) of Section 16 of this ordinance, no request for a hearing iG
received from the owner or custodian of the subject dog or cat,
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RALD J. GEERLINGS
:OUNTY COUNSEL
SUITE 300
535 IOTM STREET
ERSIDE CALIFORNIA
such dog or ca., shall be disposed of pura.ant to applicable
provisions of law.
(d) All hearings pursuant to Section 16 of this
ordinance shall be conducted by the Health Officer personally or
by a designated employee who shall not have been directly
involved in the subject action. Hearings shall be held not more
than ten (10) days from the date of receipt of the request for
the hearing and shall be conducted in an informal manner
consistent with due process of law. A hearing may be continued
for a reasonable period of time if the Health Officer deems such
continuance to be necessary and proper or if the owner or
custodian shows good cause for such continuance. Within ten (10)
days after the conclusion of the hearing, the Health Officer
shall render, in writing, his findings, decision and order
thereon and shall give notice of said findings, decision and
order to the owner or custodian of the subject dog or cat;
service of such notice shall be in accordance with the service
methods specified in Section 16, subsection (b) of this ordinance.
Section 17. Adiustments of fees. All of the fees set
forth in this ordinance shall be in effect until the Board of
Supervisors shall by resolution fix some other fees upon the
basis of a cost -analysis as determined by the Riverside County
Auditor -Controller or, where applicable, pursuant to a change in
the applicable laws and regulations of the State of California.
or where applicable, both.
Section 18. SeverabilitY. If any provision, clause,
sentence or paragraph of this ordinance or the application
thereof to any person'or circumstances shall be held invalid,
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RALD J. GEERLINGS
:OUNTY COUNSEL
SURE 300
535 10TH STREET
ERSIDE CALIFORNIA
such invalidity shall not affect the other provisions or
applications of the provisions of this ordinance which can be
given effect without the invalid provision or application, and
this end, the provisions of this ordinance are hereby declared to
be severable.
Section 19. Ordinances Nos. 455, 455.1 through 455.70,
inclusive, are hereby repealed.
Section 20. This ordinance shall take effect sixty (60)
days after its adoption.
BOARD OF SUPERVISORS OF THE COUNTY
OF RIVE SIDE, STATE OF CALIFORNIA
ATTEST: j
GERALD A. MALONEY By
Clerk of the Board Chairman
By
Deputy
(SEAL)
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