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HomeMy WebLinkAboutORD 874ORDINANCE NO. WA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING THE KEEPING AND CONTROL OF DOGS AND CATS AND PROVIDING FOR THE CONTROL AND SUPPRESSION OF RABIES AND REPEALING RIVERSIDE COUNTY ORDINANCE NO. 630.3 AND ORDINANCE NO. 716 AS ADOPTED BY THE CITY OF PALM DESERT. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: Section _1. Title 6 is hereby added to the Palm Desert Municipal Code and will read as follows: 6.04 Definitions 6.08 Dog Licenses 6.12 Animal Control Officer 6.16 Biting 6.20 Impoundment 6.24 Animal Keeping 6.28 Offenses 6.04.010 Definitions generally. 6.04.020 Animal control officer --Health officer. 6.04.030 Dog. 6.04.040 At large. 6.04.050 Owner. 6.04.060 Unlicensed dog. 6.04.070 Commercial kennel. 6.04.075 Commercial Cattery 6.04.080 Vicious or dangerous animal. 6.04.090 Posting of signs. 6.04.100 Guide Dog. 6.04.110 Service Dog. 6.04.120 Signal Dog. CITY OF PALM DESERT ORDINANCE NO. �4 ANIMAL CONTROL TITLE 6 6,04,010 Definitions generally. For the purposes of this title, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this title are defined as follows in this chapter. A. "Animal control officer" means the City Manager or such person as the City Manager has designated to perform the duties of the position, or such person with whom the city has contracted to perform such duties which shall be subordinate to authorized city staff that oversee the contract, or such person who is otherwise obligated by law to perform such duties. B. "Health officer" means the health officer of the city or such other person or persons as are duly authorized by law to perform local health officer duties within the city. 6,04,030 D-Qg. "Dog" means any member of the canine family and includes female as well as male dogs. 6,04,040 At Large. "At Large" means any dog which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by a leash of a size and material appropriate to the size and temperament of the dog and which is held by a person capable of restraining such dog, or is not otherwise physically restrained by some other device or instrumentality, except that such device or instrumentality shall not include voice control, eye control or signal control of the dog by any person device or instrumentality. 6,04,050 Owner. "Owner" means any person who is the legal owner, keeper, harborer, possessor or the actual custodian of any animal. Ownership is also established by a document, or by a person claiming ownership and taking possession of an animal. 6,04,060 Unlicensed dog. "Unlicensed dog" means any dog for which no valid license is currently in force. 6.04,070 Kennel. "Kennel" means any building, structure, enclosure, or premises whereupon, or within which, five (5) or more dogs, four (4) months of age or older are kept or maintained.. Pq CITY OF PALM DESERT ORDINANCE NO. BIA ANIMAL CONTROL TITLE 6 6,04,075 Catterv. "Cattery" means any building, structure, enclosure, or premises whereupon, or within which, five (5) or more cats, three (3) months of age or older are kept or maintained. 6,04,080 Vicious or dangerous animal. "Vicious animal" or "dangerous animal" means a dog which: A. Has behaved in such a manner that the owner thereof knows or should reasonably know that the dog has tendencies to attach or bite human beings; or B. Has bitten, attacked, or shown the disposition, tendency, or propensity to attack, bite, or otherwise cause injury to a person engaged in lawful activity; or C. Has once attacked or bitten a person engaged in lawful activity., causing death or substantial injury; or D. Has been determined by a doctor of veterinary medicine, after observation thereof, as posing a danger to humans or domestic animals if not enclosed or muzzled; or E. Has attacked, or behaved in such a manner that the owner thereof knows or should reasonably know that the dog has tendencies to attack domestic animals without provocation; or F. Has been trained for fighting for or as an attack dog, except such dogs which are employed by the police department of the city or the county; Any dog which is outfitted with a training device for fighting or attack, such as a weighted collar around the neck of the dog, shall be presumed to be a dog trained as a fighting or attack dog. G. Has been determined by the City Council after a noticed public hearing to be a vicious animal within the meaning of this Section. 6,04,090 Posting of signs. Signs shall be posted at or near all entrances to the premises stating "Beware of Vicious Dog" is kept on the premises. The sign must contain letters at least two inches in height. 6,04,100 Guide Door."Guide Dog" means any dog trained or being reared, trained or used for the purpose of guiding a blind person. 6,04,110 service Don."Service Dog" means any dog being reared, trained or used for the purpose of fulfilling the particular requirements of a physically disabled person, including 3 CITY OF PALM DESERT ORDINANCE NO. �Z4 ANIMAL CONTROL TITLE 6 but not limited to minimal protection work, rescue work, pulling a wheelchair or fetching dropped items. 6,04,120 ,SiQ Do9. "Signal Dog" mean any dog trained or being reared, trained or used for the purpose of alerting a deaf person or a person whose hearing is impaired, to intruders or sounds. 6.08.010 License required. 6.08.020 Exemptions. 6.08.030 Term. 6.08.040 Fees. 6.08.050 Application. 6.08.060 Anti -rabies vaccination required. 6.08.070 Issuance of tags and certificates. 6.08.080 Tag --Attachment required. 6.08.090 Tag --Display required. 6.08.100 Tag --Removal prohibited 6.08.110 Tag --Replacement. 6.08.120 Commercial Kennel. 6.08.140 Renewal. 6.08.150 Penalties. 6.08.160 Dog License Transfer. 6.08,010 License required. No person within the City owning, possessing, controlling, harboring, or keeping any dog over four months of age shall fail, refuse or neglect to procure a dog license tag for each dog, from the City Manager or his authorized agent. No license issued pursuant to this title shall be transferable. 6,08,020 Exemptions. A dog license tag is not required for any dog found within the City under any of the following conditions: A. No fee shall be required for a license for any dog being reared, trained or used as a guide dog for the blind, if the dog is 4 CITY OF PALM DESERT ORDINANCE NO. $� ANIMAL CONTROL TITLE 6 in the possession and under the control of a blind person or a bona fide organization having as its primary purpose the furnishing and training of guide dogs for the blind. An exempt dog license tag will be issued upon request for a guide dog. B. When the dog is owned by, or in the care of, any person who is a nonresident or who is traveling through the City, or who is temporarily sojourning therein, provided the dog is kept within the City for less than thirty days. C. An exempt license shall also be issued to Service dogs, signal dogs, and police canines that are in service for duty within the City. 6.08,030 Term. The effective period of each dog license issued shall be not more than three years. 6,08,040 Fees. Pursuant to Section 6.08.150(B), the license fee payable shall be the amount fixed from time to time by resolution of the city council; provided, that in the absence of any such established amount, the licensing authority may collect and deposit in the appropriate accounts provided for such purpose a fee in the same amount as is applicable for similar dog licensing in unincorporated areas of the county. 6,08,050 Application. The owner shall state at the time application is made, and upon standard printed forms of application provided for such purpose, his name and address and the name, breed, color, age, and sex of each dog for which application is made. 6,08,060 Anti -rabies vaccination reQuired. As a condition for the issuance of a license, all applicants for the license shall procure and deliver to the licensing authority a certificate issued by a duly licensed veterinarian certifying that the dog to be licensed has been administered an anti -rabies vaccination within thirty days prior to the issuance of the license, or has received anti -rabies vaccination sufficient to immunize the dog against rabies for the license period applied for. 6,08,070 Issuance of tags and certificates. A metallic tag and license certificate with corresponding number shall be furnished by the licensing authority, upon payment of the appropriate fee prescribed. 5 CITY OF PALM DESERT ORDINANCE NO. J4 ANIMAL CONTROL TITLE 6 6,08,080 Tag --Attachment required. The licensing authority shall keep a record of the owner or person making payment of the license fee and to whom a certificate and tag has been issued, and the number and date of the certificate and the tag. The metal tag issued shall be securely fixed to a collar, harness, or other device to be worn at all times by the dog for whom the registration is issued. 6.08,090 Tag --Display required. No person shall fail or refuse to show, upon demand of the animal control officer or deputy thereof code compliance officer or any police officer, the license certificate and the tag for any duly registered dog kept or remaining within any home or upon any enclosed premises under his immediate control. 6,08,100 Tag --Removal prohibited. No unauthorized person shall remove from any dog any collar, harness, or other device to which is attached a registration tag for the current license year, or remove the tag therefrom. 6,08,110 Tag --Replacement. If the dog license tag is lost or destroyed, the owner shall immediately procure a duplicate license tag from the licensing authority, for which a fee of one- half of the original fee shall be charged. 6,08.120 Kennel. In addition to a business license, every person engaged in the business of operating a kennel or pet shop shall obtain a kennel license from the health officer. The kennel license fees, and the additional fees if application for a license is made more than thirty (30) days after the date such license is required, shall be the amount fixed from time to time by resolution of the city council, provided, that in the absence of any such established amount, the licensing authority may collect kennel license fees in the amount as is applicable in unincorporated areas of the County. 6,08,130 Cattery. In addition to a business license, every person engaged in the business of operating a cattery or pet shop shall obtain a cattery license from the health officer. The cattery license fees, and the additional fees if application for a license is made more than thirty (30) days after the date such license is required, shall be the amount fixed from time to time by resolution of the city council, provided, that in the absence of CITY OF PALM DESERT ORDINANCE NO. $Z4 ANIMAL CONTROL TITLE 6 any such established amount, the licensing authority may collect cattery license fees in the amount as is applicable in unincorporated areas of the county. 6,08,140 Renewal. Each license specified in this section shall be valid for the period specified on the issued license form 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, backdate such license so that its expiration 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. 6,08,150 penalties. A. 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. The late fee shall be the amount fixed from time to time by resolution of the City Council. B. Right to Hearina. Any violator or property owner, or other person having possession and control of the property, shall have the right to a hearing before the Code Compliance Supervisor of the Department of Building and Safety or his designee on his objections to any Fees, Penalties or Fines in accordance with the procedures set forth herein, C. Request for Hear". A request for hearing shall be made in writing to the Department within ten (10) days upon the notification of any Fees, Penalties or Fines to the property owner. Within ten (10) days of the filing of the request, the Code Compliance Supervisor or his designee shall conduct an administrative hearing on the violator and/or owner's objections, and shall consider whether the total costs as charged have been fairly and accurately calculated. The Code Compliance Supervisor may, in the interest of justice, cancel, reduce or arrange payment installments of any Fees, Penalties or Fines owed by the property owner (s) . D. appeal. The decision of the Code Compliance Supervisor or his designee may be appealed by filing a written Notice of Appeal with the Department within five (5) days after the decision. The appeal shall be heard by the City Council which may affirm, amend 7 CITY OF PALM DESERT ORDINANCE NO. ANIMAL CONTROL TITLE 6 or reverse the decision and may take any other action deemed appropriate. The Department shall give written notice of the time and the place of the hearing to appellant. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. 6.08.160 Dog License Transfer. Where a person moves into the City of Palm Desert from another community who owns a dog which is currently vaccinated against rabies and for which a dog license was issued by such other community, such license shall be deemed valid for a period of one (1) year from the date such person moves into the City or the date of expiration of the license issued by such other community, whichever is earlier. Pursuant to Section 6.08.150(B), If an application for a license from the Health Officer is made more than thirty (30) days after such license is required, the applicant shall pay, in addition to the applicable license fee, a late fee. �' Sections: 6.12.010 Powers of enforcement. 6.12.020 Interference with animal control duties. 6.12.030 Entry Upon Private Property. 6.12.010 Powers of enforcement. A. Under the direction of the City Manager, the Code Compliance Supervisor of the Department of Building and Safety shall supervise the administration and enforcement of this ordinance and the laws of the State of California pertaining to the control of dogs. B. The City Council may enter into a written agreement or agreements with any veterinarian or any organized humane society or association, which will undertake to carry out, under the direction of the Code Compliance Supervisor, the provisions of this ordinance. The contractor shall maintain and operate a pound, and which will license, take up, impound and dispose of animals. Any such veterinarian or society or association which shall enter into such an agreement shall carry out all of the provisions of this ordinance in the manner herein prescribed. 0 CITY OF PALM DESERT ORDINANCE NO. WA ANIMAL CONTROL TITLE 6 C. In the performance of his duties as such, the Code Compliance Supervisor and his deputies and assistants are invested with the power and authority of a police officer of this city, but shall not be deemed to be members of the police department. The Code Compliance Supervisor, Animal Control Officers, his deputies and assistants, Code Compliance Officers and all Peace Officers are empowered to enforce this title and any statute of the state relating to animals, unless otherwise provided by law. 6,12,020 Interference with animal control duties. No person shall interfere with, oppose or resist any person authorized to enforce this title, while such person is engaged in the performance of his duties. 6.12.030 Entry Upon Private Property. Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions of this ordinance are hereby empowered to enter upon private property, where any dog or cat is kept or reasonably believed to be kept, for the purpose of ascertaining whether such dog or cat is kept in violation of any provision of this ordinance. Pursuant to any provision in this ordinance relating to entry upon private property for any purpose under this ordinance, no such entry may be conducted: (a) without the express or implied consent of the property owner or the person having lawful possession thereof, or (b) unless an inspection warrant has been issued and the entry is conducted in accordance with California Code of Civil Procedure, Sections 1822.50 through 1822.56, inclusive, or except as may otherwise be expressly or impliedly permitted by law. 9 CITY OF PALM DESERT ORDINANCE NO. WA ANIMAL CONTROL TITLE 6 I A. If it shall appear to the Health Officer that any animal has rabies, the Health Officer may destroy such animal forthwith, or may hold such animal for further examination or observation for such time as the Health Officer may determine to be appropriate. B. Whenever any animal has been bitten by an animal which has rabies, which exhibits any symptoms of rabies or which is otherwise suspected of having or having been exposed to rabies, the owner or person having custody of such bitten animal shall immediately notify the Health Officer, and shall immediately confine the animal and maintain that confinement until it is w� established to the satisfaction of the Health Officer that such animal does not have rabies. The Health Officer shall have the power to quarantine any such animal, or impound it at the owner's expense if the owner or person having custody of such animal shall fail, refuse, or is unable, in the opinion of the Health Officer, to adequately confine such animal immediately, or in the event the owner or person having custody of such animal is not readily accessible. C. Whenever it is shown that any animal has bitten any person, the owner or person having custody of such animal shall, upon the order of the Health Officer, quarantine such animal and keep it confined at the owner's expense for a minimum period of ten (10) days for dogs and cats and fourteen (14) days for all other animals, and shall allow the Health Officer to make an inspection or examination of such animal at any time during such period of quarantine. Animals quarantined pursuant to this subsection (C.) shall not be removed from the premises upon which such animal is quarantined without permission of the Health Officer. The Health Officer is hereby authorized to impound any animal at the owner's expense in the event the owner or person having custody of such animal fails or refuses to so confine such animal. Animals quarantined pursuant to this subsection (C.) shall remain under quarantine until notice is given by the Health Officer that such quarantine is terminated. 10 CITY OF PALM DESERT ORDINANCE NO. $Z4 ANIMAL CONTROL TITLE 6 D. The Health Officer may, in his discretion, post or cause to be posted an appropriate sign on any premises where an animal is quarantined pursuant to this ordinance, for the purpose of warning the public of the fact of such quarantine. It shall be unlawful for any person to remove a sign posted pursuant to this subsection (d) without the permission of the Health Officer. E. Whenever the Health Officer shall determine that an epidemic of rabies exists or is threatened, the Health Officer shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including but not limited to the declaration of quarantine against any or all animals in any area of the City of Palm Desert as the Health Officer may determine and define, for a period of not more than one hundred and twenty (120) days. An additional or extended quarantine period may also be declared if such additional or extended quarantine period shall be deemed necessary by the Health Officer for the protection and preservation of the public health, peace and safety. Any quarantine declared pursuant to this subsection (e), other than as restricted herein, shall be upon such conditions as the Health Officer may determine and declare. F. No person shall bring a dog into an incorporated area of the City of Palm Desert from any city located in the County of Riverside in which a reported case of rabies exists or has existed within the past six (6) months, nor shall any person bring a dog into the incorporated area of the City of Palm Desert from any county, city, state or country in which a reported case of rabies exists or has existed within the 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 City of Palm Desert except pursuant to a permit issued by the California Department of Health Services pursuant to Title 17, California Administrative Code, Section 2606.8. 6,16,020 Disposition of animals appearing to have rabies. If it appears to the animal control officer or to the health officer that any dog or other animal has rabies, he may euthanasia the animal forthwith, or hold the animal for further examination for such time as he may consider advisable. CITY OF PALM DESERT ORDINANCE NO. flZ4 ANIMAL CONTROL TITLE 6 6.20.010 Impounding of animals. 6.20.020 Notification of owner. 6.20.030 Disposition of unclaimed animals. 6.20.040 Destruction of animals dangerous to impound. 6.20.050 Reclaiming animals. 6.20.060 Impoundment fees. 6.20.070 Control and impoundment of dangerous or vicious animals. 6,20,010 Impounding of animals. It shall be the function and within the power of the animal control officer to take up, impound, and safely keep any of the animals mentioned in this title and found running at large, staked, tied, or being herded or pastured in any street, lane, alley, court, square, park or other place belonging to or under the control of the city, or upon any private property, contrary to the provisions of this title or to the right of the public. 6,20,020 Notification of owner. The animal control officer shall immediately upon impoundment of dogs or other animals make reasonable effort to notify the owners of the dogs or other animals impounded, and inform the owners of the conditions whereby they may regain custody of the animals. If the dog has a valid license, the owner shall be notified, either personally or by deposit of appropriate notice in the mail addressed to the record address with postage prepaid. The dog must be kept for ten (10) days from date of notice for the owner to claim the animal. 6,20.030 Deposition of unclaimed animals. All animals impounded at the city shelter shall be provided with proper and sufficient food and water. Unless unlicensed animals- have been claimed within five days after the notification provided for in Section 6.20.020, they may be sold by the animal control officer to the person offering to pay a cash amount set by the animal control officer, provided, that the purchaser shall not be given possession of any dog until he has paid to the animal control officer the license fee for the dog and until he has made appropriate arrangements for any necessary rabies vaccination. If any dog or 12 CITY OF PALM DESERT ORDINANCE NO. UA ANIMAL CONTROL TITLE 6 other animal impounded by the animal control officer has not been claimed within said period and cannot be sold within a reasonable time thereafter, it may be euthanized by the animal control officer in a humane manner. In lieu of euthanasia, animals may be released without charge to any humane organization that provides an animal adoption service. The animal control officer shall maintain a file describing each animal impounded in the city shelter, beginning on the day any such animal is taken or delivered into the possession of the shelter. 6,20,040 Destruction of animals dangerous to impound. T h e animal control officer is authorized to forthwith euthanasia any animal lawfully impounded which is by reason of disease or other cause dangerous or inhumane to keep impounded. 6,20.050 Reclaiming animals. Pursuant to Section 6.08.150 (B), the owner of any licensed impounded animal shall have the right to reclaim it at any time prior to the lawful disposition thereof, upon payment to the animal control officer of the costs and charges provided in this title for the impounding and keeping of such animals. Any person claiming ownership of any unlicensed impounded animal shall be required to present proof of ownership satisfactory to the animal control officer, and thereafter the animal may be released to the claimant upon his making payment of all applicable costs, fees and charges prescribed in this chapter, and upon his making appropriate arrangements for any necessary rabies vaccination. 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. 6,20,060 Impoundment fees. Pursuant to Section 6.08.150 (B), and except in cases when disposition of an animal is made pursuant to Section 6.20.030, the animal control officer shall charge, receive and collect fees for impoundment, care and feeding of impounded animals. The nature and amounts of such fees shall be as fixed from time to time by resolution of the city council. In the absence of any such fee or fees having been so established, the animal control officer may collect and deposit in the appropriate accounts provided for such purpose, a fee or fees in the amount or amounts as is applicable for similar functions or services in the unincorporated areas of the county. 13 CITY OF PALM DESERT ORDINANCE NO. WA ANIMAL CONTROL TITLE 6 A. No person owning or harboring or having the care or. custody of a dangerous or vicious dog shall suffer or permit such dog to go unconfined on the premises of such person. A vicious dog is unconfined, as the term is used in this title, if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or a dog run area upon the premises of said person. Such pen or dog run area must also have secure sides six feet high and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot. B. No person owning or harboring or having the care or custody of a dangerous or vicious dog shall suffer or permit such dog to go beyond the premises of such person unless such dog which is under physical restraint by a leash of a size and material appropriate to the size and temperament of the dog and which is held by a person capable of restraining such dog (Is securely muzzled and restrained with a chain having a minimum tensile strength or three hundred pounds and not exceeding three feet in length.). C. No person shall own or harbor any dog for the purpose of dog fighting; nor train, torment, badger, bait or use and dog for the purpose of causing or encouraging said dog to unprovoked attacks on human beings or domestic animals. Nor shall any person outfit any dog with a training device for fighting or attack, such as a weighted collar around the neck of the dog. D. No person shall possess, with intent .to sell, or offer for sale, breed, or buy or attempt to buy within the city any vicious or dangerous dog. E. Any person owning or harboring or having the care of any dangerous or vicious dog shall maintain a policy of insurance in an amount not less than one million dollars insuring said person against any claim, loss, damage, or injury to person, domestic animals, or property resulting from the acts, whether intentional or unintentional, of the vicious dog. Such person shall produce evidence of such insurance upon the request of the animal control officer, code compliance officer or law enforcement officer. F. Whenever an animal suspected of being dangerous or vicious is reported, the City Manager or his agent may investigate the circumstances, and if he finds that the animal, by reason of his acts, propensities, or disposition, is a dangerous or vicious 14 CITY OF PALM DESERT ORDINANCE NO. WA ANIMAL CONTROL TITLE 6 animal as defined in this title, he may notify the owner or harborer in writing stating the facts and circumstances. The owner shall be entitled to an administrative hearing upon request, within five (5) days, before the City Manager or his representative to determine whether said dog is vicious or dangerous, and, if so, the nature and extent of orders to be made. If, after said hearing, if requested, it is determined that the dog is vicious or dangerous, the city provided in this section and/or may make such other and further orders as are reasonable under the circumstances. If restraint or confinement is impracticable, the animal shall be impounded until the owner or harborer is able to comply with the City Manager's orders. If request for hearing is not requested within ten (10) days of service of Vicious Dog Order, the order shall stand. Such request must be in writing and submitted to the City Manager. Pursuant to Section 6.08.150(B), for any such impoundment, the owner or harborer shall be liable to the city for payment of fees as prescribed pursuant to Section 6.20.080, and any animal not reclaimed within ten (10) days time after such impoundment shall be subject to euthanasia. In cases where the animal is not impounded, and written notification has been given as herein provided, if the owner or harborer fails to provide adequate restraint or control of the animal as ordered by the City Manager within a reasonable time, or if he thereafter at any time fails to maintain the adequate restraint or control, or comply with other orders of the City Manager, the owner or harborer shall be guilty of a misdemeanor and the animal shall be subject to summary euthanasia. 6.28.010 Dogs running at large. 6.28.020 Noise disturbances by animals. 6.28.025 Dog defecation to be removed by owner. 6.28.030 Retention of dog by other than owner. 6.28.040 Unauthorized removal of animal from shelter. 6.28.050 Dogs at public schools prohibited. 6.28.060 Interference with police dogs. 15 CITY OF PALM DESERT ORDINANCE NO. $7� ANIMAL CONTROL TITLE 6 6.28.070 Number of pets allowed. 6.28.080 Public Nuisance. 6.28.090 Violation --Penalty. 6.28.100 Running at large of domestic fowl and/or other domestic animals other than dogs and cats. 6.28.110 Livestock. 6,28,010 Dogs running at large. No owner or keeper of a dog shall allow, permit or suffer the dog, whether licensed or unlicensed, to be or run at large in or upon any public place or premises, or in or upon any unenclosed private place or premises, or in or upon any enclosed private place or premises other than those of the owner or keeper except with the consent of the person in charge of the private place or premises, unless the dog is securely restrained by a substantial leash not exceeding six feet in length and is in charge and control of a person competent to keep the dog under effective control.. A. No person owning, keeping or having in his care or custody and dog or other animal, shall knowingly permit or suffer the dog or animal, by any barking or other noise or sound, to disturb any other person's peace and quiet. This section shall not be construed to prohibit the keeping of any watchdog, provided the keeper thereof takes immediate steps to -quiet the dog whenever it barks, and provided the keeper never leaves the dog unattended on the premises in a place where its barking, if prolonged or if repeated an undue number of times, disturbs any other person's peace and quiet. B. No person, after being informed orally or in writing that his dog or other animal has by barking or other noise or sound disturbed any other person's peace and quiet, shall fail, refuse or neglect to take whatever steps or use whatever means are necessary to assure that the dog or animal does not again disturb the other person's peace and quiet. C. Complaints involving a habitually barking dog or other animal shall require the procurement of a petition form from the city and requiring the minimum of three witnesses from separate households which shall be of evidence of a habitually barking animal. The animal control officer will advise the owner or person in charge of the animal by mail or personal service, to quiet the animal within 72 hours of the notification, and failure to comply n 16 CITY OF PALM DESERT ORDINANCE NO. $14 ANIMAL CONTROL TITLE 6 with the order may result in the matter being referred to the District Attorney's Office or City Attorney for litigation. D. A habitually barking dog or other animal may be ordered removed from the incorporated area of the City of Palm Desert as a public nuisance by the Code Compliance Supervisor or his designee if he has such evidence to show that the animal is a threat to the health, safety, general welfare or peace and quiet of the general public. The time of removal shall be at the discretion of the Code Compliance Supervisor or his designee. A. No person owning, keeping or having in his or her care or custody any dog shall knowingly fail, refuse or neglect to clean up any feces of the dog immediately and dispose of it in a sanitary manner whenever the dog has defecated upon public or private property without the consent of the public or private owner or person in lawful possession or charge of the property. B. The provisions of subsection A of this section shall not apply to a blind person being accompanied by a guide dog or signal dog, nor shall they be construed to require or countenance any act of trespass upon private property. Whenever the feces to be cleaned up cannot be reached without a significant trespass upon the private property on which the feces is located, the person having the duty pursuant to subsection A of this section to clean it up shall first obtain consent to do so from the owner or person in lawful possession or charge of the property. C. No person owning, keeping, or having in his or her care or custody, any dog shall knowingly fail, refuse or neglect to clean up any feces from their property, owned or rented, no less than twice a week and disposed of in an air tight container. This shall be removed from the property no less than once a week. 6,28.030 Retention of dog by other than owner. No person shall, without the knowledge or consent of the owner, hold or retain possession of any dog of which he is not the owner, for more than twenty-four hours without first reporting the possession of the dog to the animal control officer, giving his name and address and a true description of the dog and then causing the dog to be impounded at the city animal shelter for return to the legal owner. At the discretion of the animal control officer, any such finder of a dog may be allowed to retain possession of the dog in_ lieu of impoundment. In such case, the animal control officer shall make 17 CITY OF PALM DESERT ORDINANCE NO. �Z4 ANIMAL CONTROL TITLE 6 all normal and regular efforts to ascertain the true owner of the dog and advise him of the whereabouts of the dog. 6,28,040 Unauthorized removal of animal from shelter person shall remove any impounded animal from the city animal shelter without the consent of the animal control officer. 6,28,050 Dogs at public schools prohibited. No person shall bring any dog, except a seeing eye dog, guide dog, signal dog, and service dog onto any public school property. This section shall not, however, be deemed to prohibit the use of dogs on school property for teaching or other school uses when approved by the proper school authorities. 6,28,060 Interference with police dogs. No person shall wilfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the police department, or any other law enforcement officer in the performance of the functions or duties of such department, or interfere with or meddle with any such dog while being used by the department or any member thereof in the performance of any of the functions or duties of the department or of the officer or member. 6.28.070 Number of pets allowed. It is unlawful for any person to keep or harbor more than four cats, other than kittens under the age of three months, or more than four dogs other than puppies under the age of four months, upon any residential premises. 6,28,080 Public nuisance. The introduction, ownership, possession or maintenance of any animal, or the allowing of any animal to be, in contravention of this title, is, in addition to being a violation, declared to be a public nuisance. The City Manager or his designee, the Code Compliance Supervisor, the county Health Officer, and peace officers are authorized, directed and empowered to summarily abate any such public nuisance independently of any criminal prosecution or the results thereof of any means reasonably necessary including but not limited to the euthanasia of the animal or animals involved, or by the imposition of specific reasonable conditions and restrictions for the maintenance of the animal. Failure to comply with such conditions and restrictions of this title is an infraction. The owner shall reimburse the city fort all costs incurred in verifying compliance and enforcing the 18 CITY OF PALM DESERT ORDINANCE NO. B_U ANIMAL CONTROL TITLE 6 provisions of this section. The City may also commence proceedings in accordance with the provisions of Chapter 8.20 of this code relative to abatement procedures for public nuisances. 6,28,090 Viola ion --Penalty. "Violation --Penalty" means any person violating the provisions of the section of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished by: A. A fine not exceeding fifty dollars for the first violation; B. A fine not exceeding one hundred dollars for the second violation within one year; C. A fine not exceeding two hundred dollars for each additional violation within one year. Refer to Riverside County Animal Control Ordinance 534.5. 6,28,110 Livestock. All animals other than does or cats shall be enforced by County of Riverside Ordinance 534.5 as adopted by the City on September 8, 1994. Ordinance No. 760. Section 2. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. section 3. The City Clerk of the City of Palm Desert, California, is hereby directed to cause this ordinance to be published once within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California, and the same shall be in force and effect thirty (30) days after its adoption. 19 CITY OF PALM DESERT ORDINANCE NO. $14 ANIMAL CONTROL TITLE 6 PASSED, APPROVED, and ADOPTED this llth day of Jun , JM, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ST: / .// O // -1 SHEILA R.,MLLIGANN ITY CLERK CITY OF PLLM DESERT, CALIFORNIA M. BENSON, MAYOR ME 20