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.
6.24.050 Prohibition on school grounds and in city parks.
6.24.060 Restraint of animals.
6.24.070 Defecation removal required.
6.24.090 Protection of animals utilized by the police department.
6.24.100 Potentially dangerous and dangerous animals.
6.24.160 Mandatory spaying and neutering.
6.24.170 Mandatory microchipping of dogs and cats.
6.24.180 Control of unspayed and unaltered cats.
6.24.190 Enforcement authority.
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 premises 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 dogs/cats than authorized by the city’s development code without having a kennel license as provided for in this section. (Ord. 14-11 § 1 (Exh. A (part)): 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 legally 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 Potentially dangerous and dangerous animals.
A. Definitions. Whenever, in this section or in any resolution or standard adopted by the city council pursuant to this section, the following terms are used, they shall have the meaning ascribed to them in this subsection, unless it is apparent from the context thereof that some other meaning is intended:
“Animal services manager” means the animal control services provider manager or his or her duly authorized representative.
“Attack” means any action by an animal that places a person in danger of immediate bodily harm.
“Dangerous animal” means:
1. Any animal that has twice within a forty-eight (48) month period in two separate incidents actively pursued, attacked, bitten or otherwise caused a less severe injury than a “substantial injury” (as defined in this section), to another person or animal engaged in a lawful activity;
2. Any animal that has once attacked, bitten, or otherwise caused injury to a person or animal engaged in lawful activity, resulting in death or substantial injury;
3. Any animal that has been previously declared a potentially dangerous animal and the owner/custodian has failed to restrain the animal as so directed; or
4. Any dog that has been declared a “potentially dangerous dog” as defined by California state law during any legal hearing process.
“Potentially dangerous animal” means:
1. Any animal that has once actively pursued, attacked, bitten, or otherwise caused a less severe injury than a “substantial injury” (as defined in this section), to another person engaged in a lawful activity.
2. Any animal that has once attacked, bitten, or otherwise caused a less severe injury than a “substantial injury” (as defined in this section), to another animal.
3. Any animal which is found actively pursuing livestock, poultry, dogs, cats or animals as defined in Section 6.04.010.
“Secure enclosure” means a fence or structure suitable to prevent the entry of young children or any part thereof, and which is suitable to confine a potentially dangerous, or dangerous animal in conjunction with other measures which may be taken by the owner or keeper of the animal, or at the direction of the animal control services provider manager. The enclosure shall be designed to prevent the animal from escaping and from preventing an adult or child from coming in contact with the animal. (A chain where a person can walk within the length of the chain or an electric collar or invisible fence is not a sufficient restraint or enclosure.)
“Substantial injury” means a substantial impairment of the physical condition of a person or animal which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, punctures, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.
“Vicious dog” means:
1. Any dog seized under Section 599a of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.
2. Any dog which, when unprovoked, in an aggressive manner, inflicts injury on or kills a human being or animal.
3. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 of the Food and Agricultural Code or is maintained in violation of Section 31641, 31642 or 31643 of the Food and Agricultural Code.
B. Administrative Restraint Order for Potentially Dangerous Animals.
1. If the animal control service provider has cause to believe that an animal is a potentially dangerous animal, the animal services manager/designee shall issue a potentially dangerous animal restraint order to the owner(s) or custodian(s) of any such dog or animal that fits the description described in this section of a potentially dangerous animal. The statement shall be served by hand delivery or certified and first-class mail. The statement shall notify the owner(s) or custodian(s) of such animal(s) that such owner(s)/custodian(s) is/are required thereafter at all times to keep such animal(s) in a secure enclosure or provide such other adequate secure restraint as may be specified on the restraint order.
2. Notwithstanding Chapter 6.32 (Hearing), the following procedures shall apply: An owner(s)/custodian(s) of an animal(s) receiving a potentially dangerous animal restraint order may request a hearing on the order by a hearing officer selected by the department director. The request for a hearing must be submitted in writing, during the ten (10) calendar days following the service of the order. Pending such hearing, the animal must be kept in a secure enclosure or adequately restrained as specified in the restraint order.
3. Failure of the owner(s)/keeper(s) to request a hearing on the restraint order within the ten (10) day period, or failure to attend or be represented at a scheduled hearing, shall constitute a waiver of the right to a hearing and shall satisfy the hearing requirements provided herein.
4. All hearings pursuant to this section shall be conducted by the hearing officer who shall not have been directly involved in the subject action. Hearings shall be held not more than ten (10) working 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 period of time not to exceed thirty (30) days if the hearing officer deems such continuance to be necessary and proper. Within ten (10) days after the conclusion of the hearing, the hearing officer shall render, in writing, his or her findings, decision and order thereon and shall give notice of the findings, decision and order to the owner or custodian of the subject animal; service of such notice shall be by mail or hand delivery.
5. Costs for successful enforcement of this section shall be recouped from the animal’s owner or custodian.
6. An animal which has been determined to be a potentially dangerous animal following the conclusion of the process described in subsections (B)(1) through (4) of this section shall be added to a list of potentially dangerous animals maintained by the division of animal control. Once an animal has been determined to be a potentially dangerous animal, if there are no additional instances of the behavior described in subsection A of this section within a forty-eight (48) month period from the date of the restraint order, the animal may be removed from the list of potentially dangerous animals by the animal control service provider manager/designee.
C. Impoundment and Abatement of Dangerous Animals. The animal control service provider is authorized and empowered to impound and/or abate (destroy) any dangerous animal as a public nuisance independently of any criminal prosecution or the results thereof by any means reasonably necessary to protect the health, safety and welfare of the public including, but not limited to, the imposition upon the owner and/or custodian of specific, reasonable restrictions and conditions for the maintenance of the animal. Restrictions and/or conditions resulting from abatement proceedings may include, but are not limited to, the following:
1. Requiring the owner of the animal, possessor of the animal or owner of the premises on which the animal is kept to obtain and maintain liability insurance in the amount of one hundred thousand dollars ($100,000.00) and to furnish a certificate or proof of insurance by which the division shall be notified at least thirty (30) calendar days prior to cancellation or nonrenewal;
2. Requirements as to the size, construction and design of structured enclosure for the animal;
3. Location of the animal’s residence including prior notice of plans to move the animal to another location or to a location outside of incorporated area of San Jacinto and obtaining approval from the animal control service provider to do so after proper notification of animal regulation in the new jurisdiction;
4. Requirements as to type and method of restraints for the animal; including but not limited to leashes, muzzles and confinement in a kennel or other facility;
5. Photo identification or permanent marking of the animal for purposes of identification;
6. A requirement to obtain a dangerous animal registration and/or requiring a tattoo or micro chip noting the declaration and registration with animal control service provider;
7. A requirement to alter the animal;
8. Requirements to allow inspection of the animal and its enclosure by the animal control service provider or any other law enforcement agency without warrant, and to produce upon demand proof of compliance with such requirements of this section, as may be applicable;
9. Obtaining written permission to keep the animal on certain specified premises from the landlord/owner, in the event that the owner/custodian of the dangerous animal is a tenant or occupant on real property where the animal is being kept;
10. Any person who violates any provision of this section is guilty of an infraction or misdemeanor, if charged.
D. Placement of Warning Signs. It is unlawful for the owner or person in charge of any animal that has been found to be a potentially dangerous animal, dangerous animal or vicious animal to fail, neglect or to refuse to keep posted in a conspicuous place at or near the entrance to the premises on or within which any dog or animal is kept, a sign having letters at least two inches in width and two inches in height and reading “Beware of vicious dog” or “Beware of vicious ________,” as may be appropriate.
E. Change of Ownership, Custody and/or Location of Animal.
1. The owner and/or custodian of an animal that is on restriction as above provided and who moves or sells the animal(s), or otherwise transfers the ownership, custody or location of the animal(s), shall, at least fifteen (15) days prior to the actual transfer or removal of the animal, notify the division of animal control in writing of the name, address and telephone number of the proposed new owner or custodian, and/or the proposed new location of the animal, and the name and description of the animal(s). The division may prohibit the proposed relocation for cause.
2. The owner and/or custodian shall, in addition to the above, notify any new owner or custodian in writing regarding the details of the animal’s record, and the terms and conditions for confinement and control of the animal. The transferring owner and/or custodian shall also provide the division with a copy of the notification to the new owner or custodian containing an acknowledgment by the new owner or custodian of his or her receipt of the original notification and acceptance of the terms and conditions. The division may impose different or additional restrictions or conditions upon the new owner or custodian.
3. If the animal should die, the owner and/or custodian shall notify the division no later than twenty-four (24) hours thereafter and, upon request from the division, shall produce the animal(s) for verification. If the animal escapes, the owner and/or custodian shall immediately notify the division and make every reasonable effort to recapture the escaped animal.
4. An animal that has been declared dangerous or vicious in any legal hearing, as a result of aggressive behavior, outside the incorporated area of San Jacinto, may not be relocated in the incorporated area of San Jacinto.
5. Any person who violates any provision of this section is guilty of an infraction or misdemeanor, as authorized by Section 1.24.050.
F. Possession Unlawful Without Adequate Restraint. It is unlawful for a person to have the custody of or own or possess an animal that is restricted as above provided, unless the animal continues to be restrained or confined to prevent it from being at large or from causing damage to any property or injury to any person or other animal. Any person who violates any imposed restriction is guilty of misdemeanor.
G. Surrender of Animal Upon Demand. The owner and/or custodian of any animal on restriction who is in violation of subsection F of this section shall surrender such animal to the animal control service provider upon demand.
H. Hearing Procedures and Charges. Charges for hearing procedures and costs of confinement at a shelter associated with enforcement under this section shall be recovered from the animal’s owner or custodian.
I. Remedies and Penalties. The additional remedies, penalties and procedures for violation of this section and for recovery of costs related to enforcement provided are incorporated herein by this reference.
J. Exclusions. This section does not apply to dogs while utilized by any police department or any law enforcement officer in the performance of police work.
K. Court Proceedings. Nothing in this section shall prevent the city animal control service provider or any other party from commencing and maintaining court proceedings for the restriction or destruction of any animal as authorized under Food and Agricultural Code Section 31601 et seq. (Ord. 14-11 § 1 (Exh. A (part)): 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 (10) 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 (10) days to request an abatement hearing. If requested, a hearing shall be held within ten (10) days of the request and the animal shall not be disposed of prior to the conclusion of the hearing. If after ten (10) 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 premises under subsection (A)(1) and (2) of this section 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)
6.24.160 Mandatory spaying and neutering.
A. Requirement. No person may own, keep, or harbor an unaltered and unspayed dog or cat in violation of this section. An owner or custodian of an unaltered dog must have the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered dog license in accordance with this section. An owner or custodian of an unaltered cat must have the animal spayed or neutered, or provide a certificate of sterility.
1. Exemptions. This section shall not apply to any of the following:
a. A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than thirty (30) days, the owner or custodian must apply for an unaltered dog license.
b. A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the cat is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation.
c. Animals owned by recognized dog or cat breeders, as defined by animal control service provider policy.
2. Denial or Revocation of Unaltered Dog License and Reapplication. The animal control service provider may deny or revoke an unaltered dog license for one or more of the following reasons:
a. The owner, custodian, applicant or licensee is not in compliance with all of the requirements of this section;
b. The animal control service provider has received at least three complaints, verified by the animal control service provider, that the owner, custodian, applicant, or licensee has allowed a dog to be stray or run at large or has otherwise been found to be neglectful of his or her or other animals;
c. The owner, custodian, applicant, or licensee has been previously cited for violating a state law, county code or other municipal provision relating to the care and control of animals;
d. The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous, dangerous or vicious, or to be nuisance within the meaning of the city of San Jacinto ordinances or under state law;
e. Any unaltered dog license held by the applicant has been revoked. The license application is discovered to contain a material misrepresentation or omission of fact.
B. Reapplication for Unaltered Dog License.
1. When an unaltered dog license is denied, the applicant may reapply for a license upon changed circumstances and a showing that the requirements of this section have been met. The animal control service provider shall refund one-half of the license fee when the application is denied. The applicant shall pay the full fee upon reapplication.
2. When an unaltered dog license is revoked, the owner or custodian of the dog may apply for a new license after a thirty (30) day waiting period or upon showing that the requirements of this section have been met. No part of an unaltered dog license fee is refundable when a license is revoked and the applicant shall pay the full fee upon reapplication.
C. Appeal of Denial or Revocation of Unaltered Dog License. Notwithstanding Chapter 6.32 (Hearing), the following procedures shall apply:
1. Request for Hearing—Notice of Intent to Deny or Revoke. The animal control service provider shall mail to the owner, custodian, licensee, or applicant a written notice of its intent to deny or revoke the license for an unaltered dog which includes the reason(s) for the denial or revocation. The owner, custodian, licensee or applicant may request a hearing to appeal the denial or revocation. The request must be made in writing within ten (10) days after the notice of intent to deny or revoke is mailed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denial or revocation.
2. Hearing Officer. The hearing shall be conducted by the animal services director’s designee.
3. Notice and Conduct of Hearing. The animal control service provider shall mail a written notice of the date, time, and place for the hearing not less than ten (10) days before the hearing date. The hearing date shall be no more than thirty (30) days after the animal control service provider’s receipt of the request for a hearing. The hearing will be informal and the rules of evidence will not be strictly observed. The animal control service provider shall mail a written decision to the owner or custodian within ten (10) days after the hearing. The decision of the hearing officer shall be the final administrative decision.
4. Change in Location of Dog. If the dog is moved after the animal control service provider has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license, the owner, custodian, licensee, or applicant must provide the animal control service provider with information as to the dog’s whereabouts, including the current owner or custodian’s name, address, and telephone number.
5. Transfer, Sale, and Breeding of Unaltered Dog or Cat.
a. Offer for Sale or Transfer of Unaltered Dog. An owner or custodian who offers any unaltered dog for sale, trade, or adoption must include a valid unaltered dog license number with the offer of sale, trade or adoption, or otherwise state and establish compliance with this section. The unaltered license and microchip numbers must appear on a document transferring the animal to the new owner.
b. Offer for Sale or Transfer of Unaltered Cat. An owner or custodian of an unaltered cat must notify the animal control service provider of the name and address of the transferee within ten (10) days after the transfer. The microchip numbers must appear on a document transferring the animal to the new owner.
6. Penalties. Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below:
a. An administrative citation, infraction, or other such authorized penalty may be issued to an owner or custodian of an unaltered dog or cat for a violation of this section only when the owner or custodian is concurrently cited for another violation under state or local law pertaining to the obligations of a person owning or possessing a dog or cat. Examples of such state law or local ordinance violations include, but are not limited to, the following: failure to possess a current canine rabies vaccination of the subject dog; dog or cat at large; failure to license a dog; leash law violations; kennel or cattery permit violations; tethering violations; unhealthy or unsanitary conditions; failure to provide adequate care for the subject dog or cat in violation of the Penal Code; rabies quarantine violations for the subject dog; operating a business without a license and/or lack of state tax ID number; fighting dog activity in violation of Penal Code Section 597.5; animals left unattended in motor vehicles; potentially dangerous, dangerous or vicious animals; and noisy animals.
b. Should the owner or custodian of an unaltered dog or cat be found in violation of a state or local law, as stated in subsection (C)(6)(a) of this section, the owner or custodian shall be required to spay or neuter the unaltered animal in accordance with this section.
c. Notwithstanding the limitation set forth in subsection (C)(6)(a) of this section, in addition to the state of California’s unaltered animal fine, the city (through its animal control service provider) may impose on any unaltered dog an administrative fine, which administrative fine may be collected as part of the city’s license fee.
7. Application of Fees and Fines Collected. All costs and fines collected under this subsection and the fees collected under this section shall be paid to the animal control service provider for the purpose of defraying the cost of the implementation and enforcement of this program. (Ord. 14-11 § 1 (Exh. A (part)))
6.24.170 Mandatory microchipping of dogs and cats.
A. All dogs and cats over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the animal control service provider, and shall notify the animal control service provider of any change of ownership of the dog or cat, or any change of address or telephone number. Nothing in this section supersedes, eliminates, or alters the requirements of and any other licensing requirements of this title.
B. Exemptions. The mandatory microchipping requirements shall not apply to any of the following:
1. A dog or cat with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation.
2. A dog or cat which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation.
3. A dog or cat that is kenneled or trained in the city of San Jacinto, but is owned by an individual that does not reside in the city of San Jacinto. The owner or custodian must keep and maintain the animal in accordance with the applicable laws and ordinances of the jurisdiction in which the owner or custodian of the animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction.
C. Transfer, Sale of Dogs and Cats.
1. An owner or custodian who offers any dog over the age of four months for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade or adoption. The license and microchip numbers must appear on a document transferring the dog to the new owner. The owner or custodian shall also advise the animal control service provider of the name and address of the new owner or custodian in accordance with subsection A of this section. An owner or custodian who offers any dog over the age of four months for sale, trade, or adoption and fails to provide the animal control service provider with the name and address of the new owner is in violation of this section and shall be subject to the penalties set forth herein.
2. An owner or custodian who offers any cat over the age of four months for sale, trade, or adoption must provide the microchip identification number with the offer of sale, trade or adoption. The microchip numbers must appear on a document transferring the cat to the new owner. The owner or custodian shall also advise the animal control service provider of the name and address of the new owner or custodian in accordance with subsection A of this section. An owner or custodian who offers any cat over the age of four months for sale, trade, or adoption and fails to provide the animal control service provider with the name and address of the new owner is in violation of this section and shall be subject to the penalties set forth herein.
3. When a puppy or kitten under the age of four months implanted with microchip identification is sold or otherwise transferred to another person, the owner or custodian shall advise the animal control service provider of the name and address of the new owner or custodian, and the microchip number of the puppy or kitten within ten (10) days after the transfer. If it is discovered that an owner or custodian has failed to provide the animal control service provider with the name and address of the new owner and the microchip number of the puppy or kitten, the owner or custodian shall be subject to the penalties set forth in this section.
D. When an Impounded Dog or Cat Is Without Microchip Identification. In addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to this section, the owner or custodian shall also do one of the following:
1. Have the dog or cat implanted with an animal control service provider microchip by an animal control service provider registered veterinarian technician or veterinarian or designated personnel at the expense of the owner or custodian;
2. Have the dog or cat implanted with an animal control service provider approved microchip by a California licensed veterinarian. The owner or custodian may arrange for another California licensed veterinarian to perform the implant, and shall pay to the animal control service provider the cost to deliver the dog or cat to the chosen veterinarian. The veterinarian shall complete and return to the animal control service provider within ten (10) days, a statement confirming that the microchip has been implanted, provide the animal control service provider with the number and shall release the dog or cat to the owner or custodian only after the procedure is complete; or
3. At the discretion of the director of animal services, the dog or cat may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog or cat will be implanted with a microchip and that he or she will submit a statement within ten (10) days of the release, signed by a California licensed veterinarian, confirming that the dog or cat has been so implanted and provide the microchip number to the animal control service provider or allow the animal control service provider to scan the dog or cat for the microchip to verify.
E. Fees for Microchip Identification Device. The fee for an identifying microchip device shall be the amount set forth in the schedule of fees per animal for all other animals. If an animal has already been implanted with an identifying microchip device by some other facility, there will be no fee to have the identification microchip number entered into the animal control service provider’s registry as required by subsection A of this section.
F. Allocation of Fees and Fines Collected. All costs, fees, and fines collected under this section shall be paid to the animal control service provider for the purpose of defraying the cost of the implementation and enforcement of this program and for low cost microchipping programs administered by the animal control service provider. (Ord. 14-11 § 1 (Exh. A (part)))
6.24.180 Control of unspayed and unaltered cats.
It is unlawful for any person who owns, harbors or keeps any unspayed or unaltered cat four months of age or older within the incorporated area of San Jacinto to allow or permit such unspayed or unaltered cat to be or remain outdoors. (Ord. 14-11 § 1 (Exh. A (part)))
6.24.190 Enforcement authority.
A. The animal control service provider, and its deputies and assistants, shall have the authority to issue administrative citations for violation of any provisions of this title (Animals). Pursuant to the agreement in place between the city and the animal control service provider, any fines or penalties due under the citations shall be payable to the animal control service provider.
B. The animal control service provider, and its deputies and assistants, shall have the authority to issue notices to appear pursuant to Chapter 5c (commencing with Section 853.5 of Title 3 of Part 2 of the Penal Code of the state of California) for violations of state and local animal control laws. This authority is based on Section 14503 of the Corporations Code. Animal control officers shall have the authority provided by state law including but not limited to that described by Penal Code Section 830.9. (Ord. 14-11 § 1 (Exh. A (part)))