Chapter 6.24
ANIMAL REGULATIONS
Sections:
6.24.010 Keeping certain animals in city prohibited—Exceptions.
6.24.020 Kennel license required.
6.24.030 Disturbing the peace prohibited.
6.24.040 Animal care.
6.24.050 Prohibition on school grounds and in city parks.
6.24.060 Restraint of animals.
6.24.070 Defecation removal required.
6.24.080 Animals in vehicles.
6.24.090 Protection of animals utilized by the police department.
6.24.100 Dangerous and vicious dogs.
6.24.110 Public nuisance.
6.24.120 Permit required.
6.24.130 Bees and pigeons.
6.24.140 Wild animals.
6.24.150 Animal performances.
6.24.010 Keeping certain animals in city prohibited—Exceptions.
A. No person, either as owner, agent or employee, shall keep any horses, cattle, mules, burros, sheep, goats, swine (except Vietnamese pot bellied pigs), similar large animals, or live poultry or domestic fowl within the city in any zone under the zoning law of the city that does not specifically authorize the keeping of such animal or fowl. The keeping of any such animal or fowl in any zone not specifically authorizing the same is declared to be a public nuisance.
B. Vietnamese pot bellied pigs (also known as “pygmie pigs” or “mini pigs’, referred to by the scientific name of Sus Scrofa (cristatus) vittatus may be kept within areas zoned for residential use in the city, subject to the following restrictions.
1. It is unlawful for any person to keep or maintain, or allow to be kept or maintained upon any premise owned or controlled by him or her, more than one Vietnamese pot bellied pig.
2. The breeding of pot bellied pigs in areas zoned for residential use is prohibited.
3. No pot bellied pig kept or maintained may stand higher than sixteen (16) inches at the shoulder nor be longer than thirty (30) inches from the tip of the head to the end of the buttocks, nor may it weigh more than eighty (80) pounds. Any pig larger than these standards shall be considered to be swine, subject to the restrictions of City Ordinance 913, Section 8.A.1., as amended.
4. Every person owning or having charge, care, custody or control of any pot bellied pig shall keep such pig exclusively upon his or her own premises, unless such pig is under restraint of a competent person.
5. Any defecation committed by the pig while not on the property of the owner or custodian shall immediately be removed by the person having custody of the pig. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.010)
6.24.020 Kennel license required.
No person shall own, harbor, or keep on or at any property more than two dogs or two cats, which are four or more months of age, without having a kennel license as provided for in this section. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.020)
6.24.030 Disturbing the peace prohibited.
No person shall own or harbor any animal in such a manner that the peace or quiet of the public is unreasonably disturbed. The keeping or maintenance, or permitting to be kept or maintained, on any premises owned, occupied or controlled by any person, of any animal which, by frequent or long continued noise, shall cause unreasonable annoyance or discomfort to any persons of normal sensitivity residing in close proximity of the habitation of the same shall constitute a violation of this section and a public nuisance; provided, however, that nothing contained herein shall be construed to apply to reasonable noises emanating from legal operated veterinary hospitals, animal shelters, farm and/or agricultural facilities, or areas where keeping of animals is permitted. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.030)
6.24.040 Animal care.
A. Animal premises shall be kept sanitary and shall not constitute a fly breeding area or a source of offensive odors or potential human and animal disease.
B. No person shall abandon any animal on any private or public property. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.040)
6.24.050 Prohibition on school grounds and in city parks.
No person shall bring or cause any pet to be brought onto any public school grounds unless approved by school officials. No person shall bring or cause any pet to be brought onto the grounds of any city park unless the pet is licensed, restrained by a leash, and under the control of a competent person. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.050)
6.24.060 Restraint of animals.
A. No person, as owner, or having charge, care, custody or control of any animal shall permit the same to run at large on public or private property owned by another without permission.
B. Every person owning or having charge, care, custody, or control of any dog shall keep such dog exclusively upon his or her own premises, confined by means of a lawful fence, however, such dog may be off such premises if it is under the restraint of a competent person and restrained by a leash. “Lawful fence” means any barrier or other structure which is sufficiently strong and durable to securely enclose the animal or animals intended to be kept therein.
C. Dog owners shall securely confine their female dogs while in season (estrus) within an enclosure in a manner that will prevent the attraction of male dogs to the immediate vicinity. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.060)
6.24.070 Defecation removal required.
No person shall allow a dog in his or her custody to defecate or to urinate on property other than that of the owner or person having control of the dog. It shall be the duty of all persons having control of a dog to curb such dog and to immediately remove all feces to a proper receptacle. Legally blind persons while relying on a guide dog shall be exempt front this section. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.070)
6.24.080 Animals in vehicles.
A. No person shall leave an animal in an unattended vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal’s health and welfare.
B. If after a search of the area the owner cannot be found, the ACO/police officer feels the animal’s health is in danger, the animal may with the approval of the police supervisor be removed from the vehicle and transported to a veterinarian for treatment. A notice shall be left on the vehicle stating the following:
1. Why the animal was removed;
2. Name, address and telephone number of the veterinarian where the animal is being treated;
3. The authority to remove the animal; and
4. Name of person(s) removing the animal.
C. The owner or person having control of the animal when it was removed from the vehicle shall be responsible for all costs for the treatment of the animal as may be applicable. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.080)
6.24.090 Protection of animals utilized by the police department.
It is unlawful for any person to wilfully tease, taunt, torment, strike, kick, mutilate, disable, or otherwise injure or kill, or interfere, or meddle with any dog or horse while such animal is being utilized by the police department or any officer or employee thereof in the performance of any function or duty of the department or of such officer or employee. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.090)
6.24.100 Dangerous and vicious dogs.
Findings, definitions and general provisions governing potentially dangerous and vicious dogs shall be in accordance with California Food and Agricultural Code Sections 31601 through 31682. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.100)
6.24.110 Public nuisance.
A. General Provisions. The introduction, possession or maintenance of any animal or 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 ACO or police officers are authorized, directed and empowered to summarily abate any such public nuisance independently of any criminal prosecution or the results thereof by any means reasonably necessary including, but not limited to the destruction of animal(s) involved, or by the imposition of specific reasonable conditions and/or restrictions for the maintenance of the animal(s). Failure to comply with such conditions and/or restrictions is a misdemeanor. The city may also commence abatement proceedings in accordance with Title 8 of the San Jacinto Municipal Code.
B. Notification of Right to Hearing. At least ten days prior to the impoundment and/or abatement, the owner or custodian of record shall be notified of their right to a hearing to determine whether grounds exist for such impoundment and/or abatement. If the owner or custodian of record requests a hearing prior to impoundment and/or abatement, no impoundment or abatement shall take place until the conclusion of the hearing except as noted in subsection C of this section.
C. Immediate Impoundment. When, in the opinion of the animal control officer or police officer, immediate impoundment is necessary for the preservation of the animal or public health, safety or welfare, or if the animal has been impounded under other provisions of this ordinance or state law, the pre-impoundment hearing shall be waived. However, the owner or custodian of record shall be given a notice allowing ten days to request an abatement hearing. If requested, a hearing shall be held within ten days of the request and the animal shall not be disposed of prior to the conclusion of the hearing. If after ten days no request for a hearing is received from the owner or custodian of record, the animal in question shall be disposed of under applicable provisions of the law. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.110)
6.24.120 Permit required.
A. No person shall keep, conduct or operate within the city any aviary, kennel, pet shop, zoo, riding academy, animal rental establishment, boarding stable, pony ring or pony ride, circus, rodeo, pet show, dog show, cat show, animal acts or exhibitions, wild animals, miscellaneous animal or reptile establishment, or pigeons/doves without first obtaining a written permit from the animal control officer.
B. This permit will be in addition to any other requirements imposed by the city or animal control officer.
C. Permit fees shall be established by resolution of the city council. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.120)
6.24.130 Bees and pigeons.
A. Bees. No person shall establish or maintain any hive or box where bees are kept or keep any bees within the city except:
1. That a hive or box for the keeping of bees may be located and kept within a school house for the purpose of study or observation;
2. That a hive or box for the keeping of bees may be kept in a laboratory for medical research or treatment or for scientific purposes;
3. In newly annexed areas where the keeping of bees was allowed prior to annexation;
4. In any zone under the zoning law of the city that specifically authorizes the keeping of bees; and
5. That no bees permitted to be kept on any premise under subsection (A)(1) and (2) shall be permitted to fly at large.
B. Pigeons/Doves.
1. No person shall erect or maintain any pigeon house or dovecote, or other structure or place where pigeons or doves are kept within the city without first obtaining the consent of the planning commission and a permit from the animal control officer.
2. No person shall erect or maintain any pigeon house or dovecote or other structure or place where pigeons and doves are kept or keep any pigeons or doves less than fifty (50) feet from the dwelling house of the owner of such pigeon house, dovecote, or other structure or within one hundred and fifty (150) feet of any dwelling or living quarters of any person other than the owner of such pigeon house or dovecote.
3. Such persons shall comply with all other rules and regulations of the animal control officer applicable to the keeping of pigeons or doves. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.130)
6.24.140 Wild animals.
A. General Provisions. It is unlawful for any person to possess or maintain any wild animal unless he or she complies with all federal, state, and local laws, regulations and permit requirements affecting such animals. The owner shall also:
1. Keep the animals at all times in cages or enclosures of a recommended size and construction or confined in such a manner as to preclude the possibility of escape, but of such size to permit animals reasonable freedom of movement;
2. Keep the cages or enclosures in a clean and sanitary condition at all times;
3. Provide the animals with adequate food, water, shelter and veterinary care;
4. Keep the animals in a manner so as not to threaten or annoy any person of normal sensitivity;
5. Take adequate safeguards to prevent unauthorized access to the animals and to preserve animal and public health, safety and welfare. In the event of escape, the owner shall immediately notify the city animal control officer or police department and make every reasonable effort to recapture the animal(s);
6. Upon request of the animal control officer, make his or her animal(s), premises, facilities, equipment, and any necessary permits available for the purpose of ascertaining compliance with the provisions of this section;
7. Reimburse the city for all costs incurred in enforcing the provisions of this section when a violation is found; and
8. Be liable for any injury or any damage to private or public property caused by the animal(s).
B. Location and Transportation. Wild animals shall be transported in escape proof enclosures to the private property of the animal’s owner or authorized agent. All other transportation is prohibited unless authorized by the city animal control officer. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.140)
6.24.150 Animal performances.
A. Permit. No person shall use or work any animal in any theatrical, motion picture, television, or other performance or production without first obtaining a permit from the animal control officer, unless that person is in possession of a valid and appropriate permit for animal acts or exhibitions, circus or rodeo per Section 6.24.120.
B. Maiming, Injuring or Killing Animals During Performance. No person shall knowingly maim, injure or kill any animal that is used in any theatrical, motion picture, television or other performance or production. No person shall use, cause, permit or allow the use of any device, machine or contrivance to maim, injure or kill any animal in such performance or production.
C. Inspections. The animal control officer shall inspect and investigate the use or work of animals in theatrical, motion picture, television, and other performances or productions at intervals set at the discretion of the animal control officer. (Ord. 1060 § 1 (part), 1999: prior code § 6.24.150)