Calimesa City Council
May 15, 2023

Program Action H-1.2: NonProfit Entity Participation in Affordable Housing
The City will seek out and encourage nonprofit
organizations to sponsor affordable housing projects in the city. This may include agencies assisting lower-income
households, senior citizens, disabled persons,
developmentally disabled persons, and other persons with special housing needs. The City will direct interested
agencies/sponsors to potential sites and collaborate with them on applications for state and federal funding. In
addition to submitting its own applications for funding to HCD, the City will also support nonprofit housing
developers in applying to HCD for the Community-Based
Housing Development Organization (CHDO) set aside of
HOME funds, which is 20 percent of the annual statewide allocation of HOME funds. In providing such support, the City will give priority to nonprofit developers pursuing projects that include extremely low-income units.

Ongoing, Annual Review of
Progress and Performance
Ongoing. The City frequently participates in discussions with local affordable housing developers to direct them towards potential sites.

Program Action H-1.3:

Accessibility to Persons with
Disabilities
The City will continue to require that new housing
development comply with state and federal standards for access for persons with physical and developmental
disabilities and enforce the provisions of the Americans with Disabilities Act (ADA). This program will lead to the provision of access for persons with disabilities, to dwelling units constructed during the planning period. The City will continue to allow accessibility improvements for homes
occupied by disabled persons as an eligible activity under its Housing Rehabilitation Program. The City will continue to offer such assistance as funds permit.

Ongoing, Annual Review of
Progress and Performance
Ongoing. The City regularly enforces the provisions of the American with Disabilities Act (ADA).

Program Action H-1.4:

Reasonable Accommodation
In compliance with applicable federal and state laws, the City continues to implement its reasonable accommodation ordinance. This ordinance provides persons with
disabilities with a procedure to request reasonable
accommodation to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act in the application of the City’s zoning requirements and other land use regulations, policies, and procedures. To ensure reasonable accommodation procedures are consistent with state law, the City will review the conditions of approval for reasonable accommodation and revise them where
appropriate to ensure compliance with fair housing laws.

The City will also review the conditions of approval to remove subjective decision-making criteria.

Within 1 Year of the Adoption of
the Housing Element
Will complete within prescribed timeframe.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing
Pursuant to AB 686, Chapter 958, Statutes 2018, the City will affirmatively further fair housing by taking meaningful actions in addition to resisting discrimination, that
overcomes patterns of segregation and fosters inclusive communities free from barriers that restrict access to
opportunity based on protected classes, as defined by
State law. See Table 4-1: Fair Housing Actions below.

Varies. See Table 4-1: Fair
Housing Actions below.

See below.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing continued
Table 4-1: Fair Housing Actions. Fair Housing Enforcement and Outreach. Coordinate with stakeholder groups,
representatives, non-governmental organizations, and nonprofits to further understand existing or potential fair housing issues.

Minimum of one meeting annually
throughout the Planning Period.

Will complete within prescribed timeframe.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing continued
Table 4-1: Fair Housing Actions. Disparities in Access to Opportunity. Research and consider new General Plan
programs with the goal of increasing transportation options and improving access to sustainable transportation
methods by FY 23/24.

Report findings on potential
programs for the City to consider.

Adopt a minimum of one program
addressing sustainable
transportation over the Planning
Period.

Will complete within prescribed timeframe.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing continued
Table 4-1: Fair Housing Actions. Disproportionate Housing Needs. 1. Annually host one meeting with the development community throughout the Planning Period to promote
candidate housing sites and available incentives and
funding opportunities for the development of multifamily and affordable housing projects.

Minimum of one meeting annually
throughout the Planning Period.

Will complete within prescribed timeframe.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing continued
Table 4-1: Fair Housing Actions. Disproportionate Housing Needs. 2. Encourage the development of four or more units in a building.

Ongoing, Annual Review of
Progress and Performance
Ongoing. The City actively encourages development of this nature within the appropriate zoning designations.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing continued
Table 4-1: Fair Housing Actions. Availability of Affordable Housing. 1. Landlord outreach to expand the location of participating voucher properties.

Ongoing, Annual Review of
Progress and Performance
Ongoing.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing continued
Table 4-1: Fair Housing Actions. Availability of Affordable Housing. 2. Encourage collaboration between local
governments and community land trusts as a mechanism
to develop affordable housing.

Ongoing, Annual Review of
Progress and Performance
Ongoing.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing continued
Table 4-1: Fair Housing Actions. Disproportionate Housing Needs/Availability of Affordable Housing. 1. Identify and promote funding/financing opportunities and regulatory
methods that assist homeowners and renters in
overcoming the high cost of housing. Assist 20 households throughout the Planning Period.

Ongoing, Annual Review of
Progress and Performance
Ongoing.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing continued
Table 4-1: Fair Housing Actions. Disproportionate Housing Needs/Availability of Affordable Housing. 2. Zoning, permit streamlining, fees, incentives, and other approaches to increase housing choices and affordability (eg duplexes, triplexes, multifamily, ADUS, transitional and supportive housing, group homes). Report findings on potential
measures for the City to consider. Adopt and implement
the Residential Infill Priority Area Overlay Zone ("RIPAOZ." Ongoing, Annual Review of
Progress and Performance
Ongoing. The Draft Environmental Impact report for the RIPAOZ is currently available for public review. If approved, the overlay zone would implement permit streamlining and increase housing choice and affordability.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing continued
Table 4-1: Fair Housing Actions. Availability of Affordable Housing. Target housing creation or mixed income
strategies (e.g., funding, incentives, policies and programs, density bonuses, land banks, housing trust funds). Report findings on potential measures for the City to consider.

Minimum of one meeting annually. Apply for funding
annually.

Ongoing, Annual Review of
Progress and Performance
Ongoing.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing continued
Table 4-1: Fair Housing Actions. Availability of Housing Outreach. Target outreach for lower income residents to provide information about affordable housing opportunities and access to fuding and finances. The City will partner with local organizations, NGO's, and Riverside County
Authority and the Fair Housing Foundation. Annually host one meeting throughout the Planning Period.

Minimum of one meeting annually
and provide summary of meeting
and affordable housing fact
sheet(s) on the City’s website.

Will complete within prescribed timeframe.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing continued
Table 4-1: Fair Housing Actions. Disparities in Access to Opportunity. 1. Target investment in areas of most need focused on improving community assets such as schools,
recreational facilities and programs, social service
programs, parks, streets, active transportation and
infrastructure. Identify projects and programs seeking to improve community assets in target areas by FY 23/24, as well as specific funding sources and amounts to allocate.

Approve a minimum of one project improving community
assets.

Ongoing, Annual Review of
Progress and Performance (goal
of one project within Planning
Period)
Will complete within prescribed timeframe.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing continued
Table 4-1: Fair Housing Actions. Disparities in Access to Opportunity. 2. Dedicate or seek funding to prioritize basic transportation improvements (e.g. transit availability, active transportation facilities). Identify funding opportunities seeking to improve transportation access by FY 23/24.

Ongoing, Annual Review of
Progress and Performance
(Apply for funding annually)
Will complete within prescribed timeframe.

Program Action H-2.1:

Affirmatively Furthering Fair
Housing continued
Table 4-1: Fair Housing Actions. Disparities in Access to Opportunity. 3. Intergovernmental coordination on areas of high need (eg coordination with transit agencies on access to transportation, bus routes, and schedules. Annually host one meeting throughout the Planning Period. Outreach to agencies to identify solutions on improving access to
transportation.

Ongoing, Annual Review of
Progress and Performance (host
minimum of one meeting within
Planning Period)
Will complete within prescribed timeframe.

Program Action H-2.2:

Section 8 Tenant Based
Rental Assistance.

The City will continue to provide residents with information regarding the availability of the Section 8 Housing Choice Voucher Program that is administered by the Riverside
County Housing Authority. This program can directly
benefit overpaying households in the City by providing
rental assistance payments.

Ongoing, Annual Review of
Progress and Performance
Ongoing.

Program Action H-2.3:

Housing Rehabilitation
Program
Since 2005, the City has operated a Housing Rehabilitation Program using a combination of CDBG and HOME funds.

This program, codified in Chapter 9.05 of the Municipal Code, provides financial assistance in the form of loans and/or grants for the rehabilitation of single-family homes that are occupied by lower- income homeowners. In
addition to basic structural, plumbing, and electrical
repairs, energy efficiency and accessibility improvements are eligible for financing through the program. The City has received HOME grants and will use those funds to continue the single-family rehabilitation program as funding permits.

The City will also explore the possibility of offering
rehabilitation assistance for rental units and will continue to apply for grant funding annually for the continued operation of the program in response to Notices of Funding
Availability issued by HCD.

Ongoing, Annual Review of
Progress and Performance
Ongoing.

Program Action H-2.4:

Mobile Home Park
Preservation Program
Since 2005, the City has operated a Housing Rehabilitation Program using a combination of Eight mobile home parks
in Calimesa are subject to rent control under the City’s Mobile Home Rent Stabilization Ordinance. The City will continue to implement the ordinance and maintain the
established Mobile Home Rent Stabilization Board to
preserve these developments as affordable housing
alternatives in the city and address the rent control
problems and grievances of mobile homeowners and
tenants.

Ongoing, Annual Review of
Program Effectiveness
Ongoing.

Program Action H-2.5:

Proactive Code Enforcement
The City will continue proactive code enforcement of
nuisances such as inoperable vehicles, unsightly condition of property, substandard units, and illegal garage
conversions through the enforcement of its Administrative Citation Ordinance adopted in 2008. It will identify
substandard dwelling units and encourage rehabilitation through the provision of technical support and incentives, such as streamlined permit processing, variances to
development standards on a case-by-case basis (when
legally justified), and waiver of fees or fines if rehabilitation is undertaken within short order, etc. Also, the City will actively work toward the rehabilitation of structures that do not meet current code requirements by more closely
coordinating code enforcement and housing rehabilitation program activities as a means of enabling households who could not otherwise afford to do so to correct code
violations. The City aims to assist 80 housing units in need of rehabilitation throughout the Planning Period.

Ongoing, Annual Assessment of
Program Effectiveness
Ongoing. The Code Enforcement Department continues to enforce the City's Municipal Code, Zoning Code, and Administrative Citation Ordinance.

Program Action H-2.6:

Relocation Assistance
The City will provide relocation assistance to all persons displaced by publicly assisted projects, including
rehabilitation and code enforcement projects that lead to the displacement of households as funding resources
permit.

Ongoing, Annual Review of
Assistance to Displaced Persons
Ongoing.

Program Action H-2.7: Fair
Housing Council
The City will continue to rely on the Fair Housing Council of Riverside County to resolve resident complaints and
tenant/landlord disputes. The City will inform the public of the availability of this service through the City newsletter and informational brochures/flyers that are placed at the front counters in City Hall and the Senior Center, and City employees will be instructed to refer relevant questions or complaints to the Fair Housing Council.

Ongoing, Annual Review and
Coordination with Fair Housing
Council
Will complete within prescribed timeframe.

Program Action H-2.8:

Emergency, Transitional and
Supportive Housing
To comply with State law, the City of Calimesa will amend certain sections of its Municipal Code to address the
following requirements: *Supportive Housing
Streamlined Approvals (AB 2162) - To comply with AB
2162 (Chapter 753, Statues 2018), the City of Calimesa will amend its Municipal Code to permit supportive housing as a use permitted by right in all zones where multiple family and mixed-use development is permitted.
* Emergency and Transitional Housing Act of 2019 (AB
139) – The City will update its Municipal Code to comply with the requirements of Gov Code 65583 to address
permit requirements, objective standards, analysis of
annual and season needs, and parking and other
applicable standards and provisions. *Amend the City of Calimesa Municipal Code to comply with the definitions for “Supportive Housing,” Supportive Services,” “Target
Population” consistent with applicable sections of the
California Government Code.
* Amend the Calimesa Municipal Code to ensure
Emergency Shelters, Transitional and Supportive Housing are permitted in appropriate zones, consistent with State law.

Within 1 year of adoption of the
Housing Element
Will complete within prescribed timeframe.

Program Action H-2.9:

Dissemination of Housing
Support and Referral
Services
The City will continue to use the City newsletter and
brochures to advertise or inform residents of services and programs that are made available, including housing
regulations, rehabilitation programs, nearby service
agencies, crisis hotlines, energy conservation, availability of lower- and moderate- income housing units, and other such services. The City’s Senior Center currently provides many of the information and referral services needed by residents. The City will maintain a list of available service and referral agencies that serve low-income households, disabled, elderly, homeless, and other special needs
groups. It will make the list available at City Hall, the Senior Center, the library, and other public places for easy access to interested persons.

Ongoing, Annual Update of
Service and Referral Agencies
Ongoing. Referral materials are available at City Hall, the Senior Center, and Library.

Program Action H-2.10:

Community and Stakeholder
Engagement
The City will continue to encourage community
participation in all City programming. The City will continue to encourage residents to attend City Council and Planning Commission meetings through publicity practices including posting information on scheduled public hearings at City Hall, the Senior Center, and the library prior to hearing dates, and advertising in the local newspaper and City
newsletter. The City will continue to publish a City
newsletter and community flyers to inform residents of
ongoing activities and programs, including updates to the Housing Chapter. Continued publicity will allow the City to receive more input regarding programs and better tailor them to meet the needs of residents. Public hearings will be held prior to adoption of this updated element.

Ongoing, Annual Assessment of
Program Effectiveness
Ongoing. The City livestreams all City Council and Planning Commission meetings in an effort to provide information to the widest possible audience.

Program Action H-2.11:

Supportive Housing and Low
Barrier Navigation Centers
State law has been updated to require approval 'by right' of supportive housing with up to 50 units and low barrier
navigation centers that meet the requirements of State law.

Low barrier navigation centers are generally defined as service-enriched shelters focused on the transition of
persons into permanent housing. Low barrier navigation
centers provide temporary living facilities for persons experiencing homelessness to income, public benefits,
health services, shelter, and housing. To comply with State law, The City of Calimesa will adopt policies, procedures, and regulations for processing this type of use to establish a non-discretionary local permit approval process that must be provided to accommodate supportive housing and lower barrier navigation centers per State law. In the interim, any submitted application for this use type will be processed in accordance with State law. The City will provide for annual monitoring of the effectiveness and appropriateness of
existing adopted policies. Should any amendments be
warranted to existing policies pursuant to State law, the City will modify its existing policies, as appropriate.

Within 1 year of adoption of the
Housing Element
Will complete within prescribed timeframe.

Action H-2.12: Housing for
Persons with Developmental
Disabilities
The housing needs of persons with developmental
disabilities are typically not fully addressed by local zoning regulations. Persons with disabilities may require, in
addition to basic affordability, slight modifications to existing units, and in some instances, a varying range of supportive housing facilities. To accommodate residents with developmental disabilities, the City will review and prioritize housing construction and rehabilitation including supportive services targeted for persons with
developmental disabilities. Calimesa will also explore the granting of regulatory incentives, such as expedited permit processing, and fee waivers and deferrals, to projects
targeted for persons with developmental disabilities. To further facilitate the development of units to accommodate persons with developmental disabilities, the City will
encourage development of projects targeted for special
needs groups. As housing is developed or identified,
Calimesa will collaborate with the Inland Regional Center (IRC) to implement an outreach program informing families within the City of housing and services available for
persons with developmental disabilities. The City will
provide information at City Hall and on the City’s website.

Within 2 years of adoption of the
Housing Element
Will complete within prescribed timeframe.

Program Action H-3.1:

Establish a Rezone Program
for Unaccommodated RHNA
Need for the 2021-2029
Planning Period.

Appendix B of the Housing Element identified sites
available to accommodate future housing needs. To fully demonstrate compliance with State law, Calimesa will
institute a rezone program to accommodate the City’s
remaining 2021-2029 RHNA growth need. The City will
establish a Residential Infill Opportunity Overlay Zone to accommodate housing units, by income category, that are not currently accounted for in existing zoning capacity.

Within 2 years of Housing
Element adoption.

Will complete within prescribed timeframe.

Program Action H-3.2: Use
of 5th Cycle Housing Sites
The City has identified a number of sites in the sites
inventory contained in Appendix B containing infill sites that were identified in the 5th Cycle Housing Element to
accommodate the Very Low and Low-income categories.

To comply with State law, the City will amend the Calimesa Municipal Code to permit residential uses by-right for
housing development projects in which at least 20-percent of the units are affordable to lower-income households.

For the purpose of implementation of this program, by-right shall mean the City will not require a discretionary permit application, such as a Conditional Use Permit or Planned Unit Development Permit, that would constitute a “project” as described in Section 21100 of the Public Resources
Code.

Within 2 years of adoption of the
Housing Element
Will complete within prescribed timeframe.

Program Action H-3.3:

Provision of Infrastructure
for Housing Sites
The City will continue to collaborate with Riverside County on the provision of adequate infrastructure and public
services. The City will coordinate County and City capital improvement projects, including setting priorities for
infrastructure and public facility projects through the City's Capital Improvement Program. The City will coordinate with state and regional agencies and area planning districts (e.g., Southern California Association of Governments,
Western Riverside Council of Governments, and Regional
Conservation Authority) to address planning and
environmental issues. The City will continue to attend
monthly Joint Issue Meetings with these agencies at which issues of area-wide concern or importance are discussed.

Ongoing, Annual Review of CIP
Program and Coordination with
Agencies
Ongoing. The Community Development Department and City Engineer's Office regularly participate in coordination efforts with the various purveyors.

Program Action H-3.4:

Inclusionary Housing
Ordinance
The City has an adopted Inclusion Housing Ordinance
contained in Chapter 18.130 of the Calimesa Municipal
Code. The Ordinance applies new for-sale, single-family residential development on a citywide basis. The ordinance applies to developments containing 20 or more units and requires that 5 percent of the proposed dwelling units be affordable to low-income households The Inclusionary
Ordinance is intended to provided homeownership
opportunities to lower income households.

Ongoing, Annual Assessment of
Program Effectiveness
Ongoing.

Program Action H-3.5:

Accessory Dwelling Units
The City will encourage the development of accessory
dwelling units in compliance with Government Code
65583(c)(7) and create a plan by FY 23/24 that incentivizes and promotes the development of ADUs that can be
offered at affordable rents for very-low to moderate-income households. The ADU plan may include, but is not limited to, the following incentives: *Permit-ready ADU plans to minimize design costs, streamline permit processing, and provide development certainty.
*Information ADU materials online and at City Hall guiding applicants through the permitting and constrictions
process.
*ADU webpage informing the community on code,
processes, and incentives.
* Waived permitting fees for ADUs under certain sizes
and/or deed restricted as affordable to lower-income
households for a period of 55 years.

The City of Calimesa will ensure the Municipal Code and other entitlement procedures are consistent with AB 3182, AB 68, AB 881, SB 13, AB 587, AB 670, AB 671, SB 8, SB
9 and all other applicable state laws and requirements.

Ongoing, Create and Implement
ADU Plan within 2 Years,
Necessary Code Updates if
Needed within 3 Years
Will complete within prescribed timeframe.

Program Action H-3.6:

Accessory Dwelling Units
Monitoring Program
The City will annually monitor its progress in permitting an average of 2 ADUs annually, for a total of 16 ADUs during the planning period, in conjunction with Annual Housing Element Progress Report. The analysis will track
applications for ADUs, location, affordability, and other important features. If ADU permitting falls below estimated production target for more than two consecutive years, the will City re-evaluate the City's ADU standards and
procedures and modify accordingly within 6 months.

Within 2 years of adoption of the
Housing Element, Annual
Assessment
Will complete within prescribed timeframe.

Program Action H-3.7:

Housing Units in Mixed Use
Zones
The City will encourage residential development in its
mixed- use zones by allowing administrative processing of lot consolidation requests and providing incentives for the consolidation of lots, assisting interested developers with site identification and entitlement processing, offering fee waivers and deferrals for affordable housing projects,
offering flexibility in the application of development
standards for mixed-use projects that include affordable housing units, and providing financial assistance for mixeduse affordable housing projects to the extent possible.

Adopt Necessary Code
Amendment Within 2 years of
adoption of the Housing Element
Will complete within prescribed timeframe.

Program Action H-3.8: Down
Payment Assistance
The City will create and implement a down-payment
assistance program for first-time homebuyers in order to encourage a continued high rate of homeownership. The
homebuyer assistance program may be capitalized using
state/federal grants and could provide silent second
mortgages (in the form of deferred payment loans) to assist first-time homebuyers in making required down payments.

Evaluate Funding Sources and
Develop Program within 3 years
of adoption of the Housing
Element
Will complete within prescribed timeframe.

Program Action H-3.9:

Monitoring of Housing Sites
Inventory
The City will periodically update the housing sites inventory as identified in Appendix B of the Housing Element and
work with property owners and/or local developers to
develop identified infill properties with single or multiplefamily housing consistent with their zoning. The City will direct developers seeking potential project sites in
Calimesa to locations currently served by adequate
infrastructure and assist them in making contact with the property owners, help to guide them through the
development review process, and provide them with the
information needed for feasibility analyses and due
diligence. The City will also consider offering incentives to encourage the utilization of infill lots, such as an infill density bonus or a reduction/waiver of Streets and Traffic and Drainage Facilities Impact Fees for infill projects involving the consolidation and coordinated development of multiple lots.

Annual Review
Will complete within prescribed timeframe.

Program Action H-3.10:

Capital Improvement
Programming and
Prioritization
The City will continue to work with responsible agencies and purveyors of utilities and infrastructure (such as the Yucaipa Valley Water District, South Mesa Water
Company, and Yucaipa Calimesa School District) in
monitoring the availability and service levels of public utilities and infrastructure (roads, water, sewer, storm drainage, gas, power, etc.) and services (police, fire
protection, schools, government services, etc.). The City will continue to cumulatively assess the potential impacts from new development and require, as part of the
development review package, that all new development
provide an assessment to ensure that adequate
infrastructure is available to serve the development.

Otherwise, improvements and upgrades will be undertaken as part of the development or through facility fees to be paid prior to the occupancy of the dwelling units. The City will prioritize the need for capital improvements and
increase public service levels, when necessary. The City consulted local water and sewer purveyors during the
preparation of this element and will send the adopted
element to them for their use in prioritizing service to housing units affordable to lower-income households in
accordance with Section 65589.7 of the California
Government Code.

Annual Assessment of CIP
Program and Coordination with
Purveyors
Ongoing. The Community Development Department and City Engineer's Office regularly participate in coordination efforts with the various purveyors.

Program Action H-3.11:

Subdivision of Existing
Lands
The City will facilitate land divisions, lot line adjustments, and Specific Plans to improve the feasibility of housing development on large sites and create appropriately sized parcels for affordable multi-family residential development.

The City will work with property owners and developers to identify opportunities and will provide technical assistance and incentives for proposed development projects that
include affordable housing on these sites, such as:
*Expediting the approval process for land divisions;
* Requiring only ministerial review of lot line adjustments; * Deferring processing fees for land division applications; and
* Offering flexibility in the application of development standards for affordable housing projects.

Annual Assessment and
Coordination with Property
Owners, as Applicable.

Ongoing. The City currently requires only ministerial review of lot line adjustments and lot mergers. The City provides flexibility for the application of affordable housing projects in accordance with state density bonus law.

Program Action H-3.12:

Objective Design Standards
State Housing law includes various exemptions for projects with an affordable housing component, which limits the
City’s ability to apply discretionary design review
requirements to certain residential projects. State Housing law specifies having objective design standards available to apply to housing projects where the City’s discretion over design review is otherwise preempted per State law.

The City of Calimesa will review existing entitlement
processes for housing development and will eliminate
discretionary review for all housing development proposals that include a minimum affordable housing component. The City will also review the appropriateness of its current development standards to ensure that it reasonably
accommodates the type and density of housing it is
intended to support. The City will also amend existing
development standards to replace or remove all subjective standards for projects with a minimum affordable housing component with objective standards that do not impede the type and density of housing it is intended to allow.

Within 2 years of adoption of the
Housing Element
Will complete within prescribed timeframe.

Program Action H-3.13: SB
35 Streamlining Provisions
The City will establish written procedures to comply with California Government Code Section 65913.4 and publish
those procedures for the public, as appropriate, to comply with the requirements of SB 35, Chapter 366 Statues 2017.

These requirements apply at any point in time when the
City does not meet the State mandated requirements,
based upon the SB 35 Statewide Determination Summary
Report for Housing Element progress and reporting on
Regional Housing Needs Assessment (RHNA)., the City
will process development projects with at least 50 percent affordable units through a streamlined permit process (i.e., 90 days for projects with up to 150 units). All projects covered by SB 35 are still subject to the objective
development standards of the Calimesa Municipal Code
that includes the Building and Fire Codes. However,
qualifying projects cannot be subject to discretionary
review or public hearings; and in many cases the City
cannot require parking. Reduced parking requirements
would be established consistent with the requirements of SB 35 for qualified streamlining projects.

Within 1 year of adoption of the
Housing Element
Will complete within prescribed timeframe.

Program Action H-3.14:

Farmworker and Agricultural
Worker Housing
The City will amend the Calimesa Municipal Code to be in compliance with Health and Safety Code, 17021.5,
17021.6 and 17021.8. and define agricultural employee
housing in a manner consistent with applicable Health and Safety Code sections. The Municipal Code will be revised to state that employee housing for six or fewer employees will be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in
the same zone. Additionally, the Municipal Code will be updated to state that employee housing consisting of no more than 12 units or 36 beds will be permitted in the same manner as other agricultural uses in the same zone.

The City will also amend the Municipal Code to explicitly define Farmworker Housing and establish it as permitted use in residential or nonresidential zones, consistent with State law.

Within 1 year of adoption of the
Housing Element
Will complete within prescribed timeframe.

Program Action H-3.15:

Small Lots
As part of the candidate sites analysis, the City has
identified a number of sites which are smaller than half an acre in size. In order to promote the development of
affordable housing units on these sites, the City will create, adopt, and promote a Small Lot Subdivision Ordinance with the goal of incentivizing the development of affordable units and improving the path to home ownership for firsttime homebuyers. In addition, the City will facilitate lot consolidation (Program H-3.7) as a solution to developing small sites. Additional incentives for small lot
consolidations may include, but are not limited to, deferred fees for lot consolidation projects, expedited permit
processing, and/or flexible development standards such as setback requirements, reduced parking or increased
heights.

Within 1 year of adoption of the
Housing Element
Will complete within prescribed timeframe.

Program Action H-3.16:

Large Lots
As part of the candidate sites analysis, the City has
identified a number of sites which are larger than ten acres in size. In order to incentivize the development of
affordable housing units on these sites, the City will adopt expedited permit processing and consider automatic
approval of lot splits or creation of new parcels. The City will annually review funding opportunities to provide or support financial assistance with the development of
infrastructure required to develop large sites.

Within 1 year of adoption of the
Housing Element
Will complete within prescribed timeframe.

Program Action H-3.17:

Replacement Housing
The City may have existing non-vacant sites included
within the inventory of sites that may contain vacant or demolished residential units that were occupied by lowerincome households or households subject to affordability requirements within the last five years. The City will adopt a formal replacement housing program to ensure the
replacement of any units lost for housing units shall comply with the same requirements pursuant to Government Code
section 65915.

Formalize program requirements
within 2 years of adopting the
Housing Element
Will complete within prescribed timeframe.

Program Action H-3.18:

Pipeline Project – The
Heights Specific Plan
The City is currently reviewing a proposed Specific Plan – The Heights – which would allow for mixed-use and high
density housing, including units affordable to lower income households. The City will work with the applicant to ensure compliance with local codes in order to facilitate the
development of affordable units. Should the project be
unsuccessful, the City will identify new sites to be rezoned within one year so as to avoid No Net Loss.

Within 2 years of adoption of the
Housing Element; or identify new
rezone sites within 1 year of
project concluding
Will complete within prescribed timeframe.

Program Action H-3.19:

Objective Development
Standards
As part of the governmental constraints analysis, the City determined that the municipal code created a constraint on the development of community care facilities for seven or more persons. The municipal code currently requires a
conditional use permit to allow community care facilities for seven or more persons. The City will review and make
appropriate amendments to the Calimesa Municipal Code
for the following: Amend the municipal code to allow
community care facilities for seven or more persons without a conditional use permit in any residential zone.

Within 18 months of adoption of
the Housing Element
Will complete within prescribed timeframe.

Program Action H-3.20: Use
of Sites from Previous
Housing Element Cycles
Pursuant to Government Code Section 65583.2(c), any nonvacant sites identified in the prior Fifth Cycle or vacant sites identified in two or more consecutive planning
periods, shall be provided by-right development when at least 20% of the units in the proposed development are
affordable to lower-income households. Table B-10 of
Appendix B identifies vacant and non-vacant sites that the City used in previous Housing Elements to meet the
current RHNA need. To comply with State law, the City will amend the Municipal Code to permit residential uses byright for housing development in which at least 20-percent of the units are affordable to lower-income households for sites that:
*Are non-vacant and identified in the prior planning period; and *Vacant sites
included in two or more consecutive planning periods.

Pursuant to the text on page 12 of HCD’s Housing Element Site Inventory Guidebook, “Sites where zoning already
permits residential “use by right” as set forth in Government Code section 65583.2 (i) at the beginning of the planning period would be considered to meet this requirement.” On such sites, the City would not require, but would be
encourage the development of units affordable to lowerincome households.

Within 18 months of adoption of t
he Housing Element
Will complete within prescribed timeframe.

Program Action H-4.1:

Senior Housing
Opportunities
The City will pursue state and federal funds for the
construction of senior citizen housing, with priority given to projects that include units affordable to extremely lowincome households. This may include funds provided under Section 202, HOME, and/or other applicable
programs.

Annual Evaluation of Program
Funding and Prioritization
Ongoing. The City regularly reviews available grant programs for funding opportunities that may be available.

Program Action H-4.2: State
and Federal Housing
Incentives
City staff will stay informed of state and federal housing programs that can provide financial assistance for the
preservation and development of affordable housing and
disseminate information on such programs to residents and prospective housing developers/sponsors. The City has
successfully applied for CDBG and HOME funds through
HCD that have been used to conduct housing-related
studies and capitalize a local Housing Rehabilitation
Program. Because of its limited financial resources, the City will continue to pursue grant funding from state and federal agencies for affordable housing projects/programs in the city, particularly those that address the needs of extremely low-income households.

Annual Pursuit of Funding,
Prioritization of Grant
Applications
Ongoing. The City regularly reviews available grant programs for funding opportunities that may be available.

Program Action H-4.3:

Senior Housing
Opportunities
The City will continue to allow manufactured homes,
including mobile homes, on permanent foundations in all residential zones.

Ongoing, Annual Assessment of
Senior Housing Opportunities
Ongoing. The Calimesa Municipal Code provides this allowance.

Program Action H-4.4:

Density Bonus
The City amended its density bonus ordinance in
December 2010 in order to make it fully compliant with
current state law. The City will continue to provide
incentives and density bonuses under the density bonus
ordinance for senior and other projects providing lowerincome housing units. These incentives may include reduced parking standards, relief from setback, building height, open space, density, lot coverage, and other
development standards, approval of mixed-use zoning for a project, expedited review, and the waiver of processing fees, among other measures.

Provide Necessary Code
Updates Within 2 Years of
Adoption of the Housing Element
Will complete within prescribed timeframe.

Program Action H-4.5:

Review of Permit Fees
The City will continue to periodically review its permit processing fees to verify that the costs associated with the review process are consistent with the services rendered.

This fee review process provides a basis for determining whether fees have become a constraint to housing
production, and at the same time allow the City to
appropriately recoup costs associated with the review and processing of individual developments. The City will also establish a reduction or waiver of permit processing fees for affordable and other special needs housing projects.

Annual Assessment of Permitting
Fees, Updated Fees as
Appropriate, Establish a Fee
Waiver Program within 2 Years of
Adoption of the Housing Element
The City has undertaken a comprehensive user fee study to update the processing fees associated with development.

Program Action H-4.6:

Zoning, Development
Standards and City Fees
Available Online
Pursuant to Government Code GC 65940.19(a)(1)(B),
Calimesa will provide all zoning and development
standards, and fees for each parcel with its jurisdictional boundaries on the City’s website pursuant to government transparency laws.

Within 1 Year of Adoption of the
Housing Element
Ongoing. The City provides the Calimesa GeoViewer public Geographic Information System at no direct cost to the public. This software provides zoning designations for all parcels within the City's jurisdictional boundaries. Development standards and fees can also be obtained on the CIty website.

General Comments

Jurisdiction Calimesa ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report

Jurisdiction Calimesa ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+.

For detailed reporting requirements, see the chcklist
here:

Extremely LowIncome+ Very Low-Income+
Low-Income+TOTAL UNITS+
Extremely LowIncome+Very LowIncome+
Low-Income+TOTAL UNITS+
https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report

January 2020
Jurisdiction Calimesa ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA

Jurisdiction Calimesa
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Jurisdiction Calimesa Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Riverside County jurisdictions, please format the APN's as follows:999-999-999

Jurisdiction Calimesa ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates an
optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date Notes
2 3
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income Notes
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.

Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.

Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report

Jurisdiction Calimesa ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
2 3 5 6
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income Non
Deed Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report

January 2020
Jurisdiction Calimesa
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 3
13 16
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 180 13 47
2 to 4 0 0 0
5+ 0 0 0
ADU 0 3 3
MH 0 0 0
Total 180 16 50
6 6
6 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level

Jurisdiction Calimesa
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Technical studies to support SB 2
funded "Residential Infill Priority
Area Overlay Zone" project
program environmental impact
report
$65,000.00 $44,505.23 None
All technical studies
related to this task have
been completed. The
Draft Environmental
Impact Report is
currently being
circulated for public
review, which closes
May 15, 2023. Public
hearings to consider
project approval are
anticipated to occur in
the third or fourth
quarter of 2023.

Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
180
180
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 3
13 16
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 3
47 50
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 65,000.00
Task Status
In Progress

State of California

GOVERNMENT CODE
Section 65400
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A) The status of the plan and progress in its implementation. (B) (i)  The progress in meeting its share of regional housing needs determined pursuant to Section 65584, including the need for extremely low income households, as determined pursuant to paragraph (1) of subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article.

Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. The report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. (iii) The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision. (iv) The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing

Attachment 12D
development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915.
(C) The number of housing development applications received in the prior year, including whether each housing development application is subject to a ministerial or discretionary approval process.
(D) The number of units included in all development applications in the prior year. (E) The number of units approved and disapproved in the prior year. (F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H) (i)  The number of units of housing demolished and new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall do the following:
(I) For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category.
(II) For each entitlement, building permit, or certificate of occupancy, include a unique site identifier that must include the assessor’s parcel number, but may also include street address, or other identifiers.
(ii) For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08. (I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4. (J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code. (K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts

to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004. (L) The following information with respect to density bonuses granted in accordance with Section 65915:
(i) The number of density bonus applications received by the city or county. (ii) The number of density bonus applications approved by the city or county. (iii) Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M) The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i) The location of the project.
(ii) The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed. (iii) The number of units in the project.
(iv) The number of units in the project that are rental housing. (v) The number of units in the project that are for-sale housing. (vi) The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
(b) (1)  (A)  The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdivision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph.
(B) If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing. (2) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.

(c)  The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report.
(Amended by Stats. 2022, Ch. 657, Sec. 1.7. (AB 2653) Effective January 1, 2023.)

City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: ANIMAL CONTROL SERVICES
MEETING DATE: May 15, 2023
PREPARED BY: Will Kolbow, City Manager
Bonnie Johnson, Executive Advisor to the City Manager
RECOMMENDATION: Staff respectfully recommends that the City Council take the following actions:

1. Waive full reading and introduce Ordinance No. 390 by title only, An Ordinance of the City of Calimesa adopting by reference Title 6 - Animal, of the Riverside County Code as the City’s Animal Control Ordinance and amending the Calimesa Municipal Code.

2. Waive full reading and adopt Urgency Ordinance No. 390-U by title only, An Urgency Ordinance of the City of Calimesa adopting by reference Title 6 - Animal, of the Riverside County Code as the City’s Animal Control Ordinance, amending the Calimesa Municipal Code and declaring the urgency thereof.

3. Set a public hearing for the adoption of Ordinance No. 390 for June 19, 2023.

BACKGROUND/DISCUSSION: In 2010, although the City had previously contracted with the County of Riverside for animal control services, due to a substantial increase in cost, the City decided to contract with the City of Beaumont for Animal Control Services. The City of Beaumont began providing Animal Control Field Services on July 1, 2010. The City of Beaumont, as necessary, is transporting animals to the Ramona Humane Society. The City has continued to contract with Beaumont for these services since that time.

However, in August 2022, the City received formal notification from Beaumont that the contract would not be renewed and services would be ending on July 1, 2023. Since that time, Staff has spent a great deal of time vetting possible alternative contract services. This included:
• A possible contract with the City of Banning
• A possible contract with the Ramona Humane Society
• A possible contract with the County of Riverside
Based upon availability of services effective July 1st, as well as current capacity to provide services, Staff is recommending a contract with the County of Riverside. Staff has met with Erin Gettis, the

County’s Director of Animal Services, and members of her team. Staff is confident that the County has the knowledge and resources to provide the required services. It should be noted, however, the County is currently not operating its San Jacinto campus for sheltering services. As such, Calimesa animals would be sheltered in Jurupa Valley. This is not an ideal situation, and Staff will continue to work with the County in hopes of closer sheltering services in the future. The Animal Control Field and Licensing Services Agreement is attached for your review; however the agreement will be brought for Council approval at the Public Hearing when the 2nd reading of Ordinance No. 390 will be conducted. The Agreement becomes effective July 1, 2023.

Salient contract provisions include:
• Term: Term shall be from July 1, 2023 to June 30, 2024. Any extension of service will require subsequent Council and Board approval.
• Compensation: Rates may be adjusted with a minimum of 60 days notice from the County • Termination: Either Party may terminate contract with 180 days notice. • Services will be provided on an “on-call” basis.
• Optional Services include spay/neuter clinic and outreach events.

The County requires that the City adopt as its own animal control ordinance the County animal control provisions found in Title 6, Animals, of the Riverside County Code. Accordingly, Staff has prepared an ordinance that will adopt by reference Title 6, Animals, as in effect on May 1, 2023.

Because the proposed ordinance adopts another code by reference, State law requires that the City Council hold a public hearing on the ordinance after first reading, which is the converse of the usual process. Accordingly, the public hearing occurs in conjunction with the second reading of the ordinance. In addition, State law requires the City Clerk to keep on file a physical copy of County Code that is to be adopted by reference for at least 15 days before the public hearing. Since there is generally 14 days between first reading and second reading, the public hearing will have to be held on June 19, 2023, so that we may comply with this requirement. Because an ordinance is effective 30 days after second reading, the effective date of the ordinance will not occur until after July 1. Therefore, Staff is recommending that the City Council also adopt an urgency ordinance so the County can effectively provide services on July 1, 2023.

In addition, please note that the recommended Ordinance has been reviewed for consistency with the City’s current Zoning code as well as applicable State laws. As such certain amendments to the County’s Ordinance have been included in the recommended Ordinance.

FISCAL IMPACT: The current contract with the City of Beaumont is a flat annual fee of $48,289. The estimate for the fiscal year 2023-24, based upon the proposed contract with the County, is $61,000.

This includes an estimated $55,000 for field and sheltering services and an estimated $6,000 for annual spay/neuter and licensing clinics. This amount will be included in the upcoming fiscal year 2023-24 Proposed Budget.

ATTACHMENTS:

Attachment A: Animal Control Field and Licensing Services Agreement (reference only – will be considered for adoption at the Public Hearing for 2nd reading of Ordinance no. 390.) Attachment B: Urgency Ordinance No. 390-U
Attachment C: Ordinance No. 390
Attachment D: Riverside County Animal Control Ordinance (Title 6 - Animals)

AGREEMENT FOR ANIMAL CONTROL FIELD AND LICENSING SERVICES

BETWEEN THE CITY OF CALIMESA AND THE COUNTY OF RIVERSIDE

THIS AGREEMENT FOR ANIMAL CONTROL FIELD AND LICENSING SERVICES (“Agreement”) is made and entered into by and between the CITY OF CALIMESA, a municipal corporation (“CITY”), and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Department of Animal Services (“COUNTY”), collectively referred to as “PARTIES” and individually as a “PARTY”, on terms and provisions set forth below.

RECITALS
WHEREAS, CITY desires to contract with COUNTY to provide animal control field and licensing services for the purpose of safeguarding the health and safety of CITY’s population and the health and safety of its domestic animals;
WHEREAS, the PARTIES desire to promote the humane treatment of animals; WHEREAS, COUNTY has the personnel and experience to provide field and licensing services and is willing to enter into a contract with CITY for the provision of such services subject to the terms and conditions for compensation as hereinafter set forth; and NOW, THEREFORE, the PARTIES hereto mutually agree as follows:

1. COUNTY OBLIGATIONS:

CITY hereby retains COUNTY and COUNTY hereby agrees to operate an animal control field and licensing services program for CITY within the corporate limits of the City of Calimesa for compensation and subject to the terms and conditions set forth herein. COUNTY shall provide all services as outlined and specified in Exhibit A, Scope of Animal Control Field Services, and Exhibit B, Scope of Integrated Canine Licensing Program (“ICLP”), attached hereto and incorporated herein by this reference.

2. PERIOD OF PERFORMANCE (“TERM”):

The Effective Date of this Agreement shall be July 1, 2023 and shall terminate on June 30, 2024, unless terminated earlier as provided herein under Section 8, Termination. Any extension or renewal of this Agreement will require subsequent action by the City Council and County Board of Supervisors.

3. COMPENSATION:

CITY shall reimburse COUNTY for the services performed and the expenses incurred in accordance with the terms of Exhibit C, Payment Provisions, attached hereto and incorporated herein by this reference, subject to any applicable rate changes adopted by COUNTY’s Board of Supervisors. Prior to any applicable rate changes by COUNTY’s Board of Supervisors during the Term of this Agreement, COUNTY shall notify CITY in writing sixty (60) days prior to the adoption of any rate changes effecting CITY’s residents. COUNTY shall notify CITY of possible overages above the budgeted overtime costs set forth in Exhibit C in advance of any expenditure and obtain CITY’s written consent. If COUNTY does not obtain prior written consent, COUNTY shall bear the cost of any overages of overtime incurred over the budgeted amount of $100,000.

4. PERSONNEL:

CITY hereby appoints the Director of Animal Services as the Animal Control Director for CITY with

Attachment 13A

all powers, duties, and obligations of Animal Control Director as set forth in Title 6 of the Calimesa Municipal Code and under State law. COUNTY shall assign the contractual number of animal control field personnel to perform the duties as Animal Control Officers of CITY in accordance with Exhibit C of this Agreement. All field personnel shall by COUNTY employees and assigned solely to field services operations within the corporate limits of the CITY.

5. AVAILABILITY OF FUNDING:

The obligation of the CITY is limited by and contingent upon the availability of CITY funds for the reimbursement of COUNTY’s costs. In the event that such funds are not forthcoming for any reason, CITY shall notify COUNTY in writing within five (5) business days. COUNTY shall be entitled to reimbursement of costs for work performed, in accordance with Exhibit C.

6. HOLD HARMLESS/INDEMNIFICATION:

I. CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.

II. With respect to any action or claim subject to indemnification herein by CITY,CITY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’s indemnification to COUNTY as set forth herein.

CITY’s obligation to defend, indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at CITY’s expense, for the defense or settlement thereof. CITY’s obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

III. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CITY’s obligations to indemnify and hold harmless COUNTY from third party claims.

IV. COUNTY shall indemnify and hold harmless the City of Calimesa, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, City Council, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever

arising from the negligent or willful actions by COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. COUNTY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the City of Calimesa, their respective directors, officers, City Council, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.

V. With respect to any action or claim subject to indemnification herein by COUNTY,COUNTY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’s indemnification to CITY as set forth herein.

COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at COUNTY’s expense, for the defense or settlement thereof. COUNTY’s obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.

VI. The specified insurance limits required in this Agreement shall in no way limit or circumscribe COUNTY’s obligations to indemnify and hold harmless CITY from third party claims.

7. INSURANCE:

COUNTY agrees to maintain the following insurance coverage during the term of this Agreement and any extensions thereof:

A. Workers’ Compensation:

COUNTY shall maintain Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident.

B. Commercial General Liability:

COUNTY shall maintain Commercial General Liability insurance coverage for claims which may arise from or out of COUNTY’s performance under this Agreement, to protect it from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Agreement. This coverage shall have a limit of liability not less than $1,000,000 per occurrence combined single limit.

C. Vehicle Liability:

COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement, including accidental death to any person and property damage, arising from COUNTY’s performance under this Agreement. This coverage shall have a limit of liability of not less than $1,000,000 combined single limit.

D. General Insurance Provisions - All lines:

I.Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8).

II.The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance.

III.Copies of all policies or certificates of insurance or self-insurance shall be filed with the City and shall include the City as an additional insured.

IV.Said policies or certificates shall provide for thirty (30) days written notice to City prior to reduction in coverage or cancellation.

8. TERMINATION:

I. Either PARTY may terminate this Agreement, with or without cause, upon one hundred eighty (180) days advance written notice served upon the other PARTY stating the extent and effective date of termination.

II. Upon receipt of either PARTY of a notice of termination, COUNTY shall stop work under this Agreement on the date specified in the notice of termination; and after termination, CITY shall make payment to COUNTY for the services provided and expenses incurred to the date of termination in accordance with this Agreement.

9. FORCE MAJEURE:

If either PARTY is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such PARTY shall not be held liable for such failure to comply, provided the other PARTY receives written notice of such force majeure event no later than thirty (30) days from the date such event commenced.

10. AMENDMENTS:

Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the PARTIES hereto, and shall have the approval of the Board of Supervisors of COUNTY and CITY’s City Council. Any amendments shall be presented to CITY’s City Manager prior to CITY’s City Council approval.

This Agreement, including any exhibits, constitutes the entire Agreement of the PARTIES with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing.

11. SEVERABILITY:

If any provision or part thereof in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions or part thereof will nevertheless continue in full force without being impaired or invalidated in any way.

12. RECORDS:

COUNTY shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received according to generally recognized accounting principles, COUNTY’s adopted records policies, and State law. Such records and/or animal control operations of COUNTY shall be open to inspection and audit by CITY or its authorized representative as is deemed necessary by the CITY’s City Manager, or designated representative, upon written notice to COUNTY.

13. NO THIRD PARTY BENEFICIARY:

This Agreement between CITY and COUNTY is intended for the mutual benefit of the two signing PARTIES only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signatory to this Agreement.

14. NONDISCRIMINATION:

COUNTY shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of race, ethnicity, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, or gender identity, and veteran or military status in the performance of this Agreement; and, to the extent they shall be found to be applicable, COUNTY shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code 12900 et. seq.), the Federal Civil Rights Act of 1964 (Pub. L. 88-352) and the Americans with Disability Act of 1990 (42 U.S.C. 12101 et seq.).

15. DISPUTE RESOLUTION AND VENUE:

I. The PARTIES shall attempt to resolve any disputes amicably at a working level. If that is not successful, the dispute shall be referred to the senior management of the PARTIES.

II. Prior to filing any legal action related to this Agreement, the PARTIES may attend a mediation session in Riverside County before a neutral third party mediator, where it is agreed that the dispute is appropriate for mediation. The PARTIES shall share the cost of the mediation.

III. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the PARTIES waive any and all provisions of law providing for a change of venue to another location. PARTIES shall each bear their own costs, including attorneys’ fees.

16. ASSIGNMENT:

This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by COUNTY without the prior written consent and approval of CITY. CITY and COUNTY hereby agree to the full performance of the covenants contained herein.

17. NOTICES:

All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective PARTIES at the addresses set forth below, or to such other address(es) as the PARTIES may hereinafter designate in writing, and shall be deemed submitted two (2) day after their deposit in the United States Mail, postage prepaid:

COUNTY: CITY:

Department of Animal Services City of Calimesa
Attention: Director Attention: City Manager
6851 Van Buren Boulevard 908 Park Avenue
Jurupa Valley, CA 92509 Calimesa, CA 92320

18. CONTRACT PERFORMANCE
COUNTY’s Director of Department of Animal Services, or designated representative, shall meet as necessary to discuss contract performance with CITY’s City Manager, or designated representative.

19. COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be deemed to be an

original but all of which together will constitute one and the same instrument. [Intentionally Blank]
[Signatures on Following Page]

IN WITNESS WHEREOF, the PARTIES hereto have caused their duly authorized representatives to execute this Agreement.

COUNTY OF RIVERSIDE,
a political subdivision of the State of California
By: _ _______________________
Kevin Jeffries, Chairperson
Board of Supervisors
Dated:_________________

CITY OF CALIMESA,
a municipal corporation
By: _ _______________________
William Davis
Mayor
Dated:_________________
ATTEST:

By: _ _______________________
Kimberly Rector
Clerk of the Board
ATTEST:

By: _ _______________________
Darlene Gerdes
City Clerk
APPROVED AS TO FORM:

Minh C. Tran
County Counsel
By: _ _______________________
Bruce G. Fordon
Deputy County Counsel
APPROVED AS TO FORM:

Quinn Barrow
City Attorney
By: _ _______________________
Quinn Baroow
City Attorney

CITY OF CALIMESA

EXHIBIT A

SCOPE OF ANIMAL CONTROL FIELD SERVICES
The County of Riverside (“COUNTY”), agrees to provide the following animal control field services for the City of Calimesa (“CITY”):

1. Provision of Field Services: The Animal Control Field Services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:

1.1 Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in this Exhibit A below.

1.2 Impoundment: County shall impound all animals found at large and collect and retain such impound fees as established by COUNTY’s Board of Supervisors.

1.3 Proper Care and Treatment: Provide humane care and treatment to any stray or abandoned animal in accordance with State law.

1.4 Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reported bites by dogs or by suspected rabid or wild animals. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.5 Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the California Department of Public Health, and COUNTY policy.

1.6 Nuisance Animal Complaints: Respond to and process nuisance complaints, including stray and barking animal complaints, as referenced in Title 8 of the Calimesa Municipal Code (“Title 8”). CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.7 Dead Animals: Remove dead animals from the public right-of-way except in such cases where the animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State of California Department of Transportation by telephone, facsimile, email or other means.

1.8 Traps and Trapping: Offer advice and assistance in setting traps for domestic animals at large on public or private property. COUNTY shall not be required to move belongings or maintain on-premises surveillance, unless in the opinion of the Director of Animal Services or the responding Animal Control Officer there is a direct, clear and present danger to human life. COUNTY may provide traps for above purposes with a rental fee to CITY residents or the CITY may purchase traps for the above mentioned to be used only for CITY residents. Depending on trap availability, traps shall be available to CITY residents on a first come, first served basis and COUNTY shall assist residents in the setting of, trapping and removal of domestic animals from public or private property. COUNTY shall provide assistance to CITY residents in removal of domestic animals from privately owned traps within twenty four (24) hours of being so notified.

COUNTY shall not be required to provide vector control services under the provisions of this Agreement.

1.9 Return of Impounded Animals: Encourage the return of any lost/stray animal (impounded by field personnel) to the rightful owner in the field, subject to the payment of impound fees.

1.10 Kennels and Catteries: COUNTY shall inspect and issue permits to operate dog kennels and catteries within CITY pursuant to Title 8 and collect fees in connection therewith.

1.11 Issuance of Warnings and Citations: Enforce all appropriate provisions of Title 8 of the Calimesa Municipal Code as necessary, including the issuance of warning notices or citations, for violations of the provisions of said Code. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.12 Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as described in Section 5 below.

1.13 Complaints: The CITY and COUNTY shall designate a primary and alternate contact person for the purpose of addressing complaints. "Complaint" as used herein shall mean any dissatisfaction or problem in the performance of services under this contract. When a complaint is received that requires a response from either PARTY, the CITY and COUNTY representatives designated for addressing complaints shall meet and confer to investigate and address the complaint within a reasonable time period.

2. Shelter Care and Disposition Services: The COUNTY shall shelter CITY’s animals at the County Animal Shelter, or other COUNTY operated shelter at the COUNTY’s discretion.

3. Provision of Supplies, Vehicles and Radio Equipment: COUNTY shall provide animal control vehicle(s) and equip it with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement. Vehicles shall be replaced at the COUNTY’s discretion. The COUNTY shall fuel and maintain said vehicles. County shall also provide all other supplies, medications, pharmaceuticals, and equipment necessary for the efficient and effective operation of animal control field services provided herein.

4. Missing or Stolen Animals: COUNTY shall file a report with the appropriate law enforcement agency within twenty four (24) hours if an impounded animal is missing or suspected to have been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance.

5. Priority of Field Services:

5.1 Definitions:

5.1.1 “Services” are those enforcement activities rendered by COUNTY pursuant to the relevant sections of Title 6, related State law, and where applicable, County of Riverside Ordinances, and are assembled for expediency into two categories:

Emergency and Non-Emergency.

5.1.2 “Priority Ranking” refers to the order of priority with which a call will be handled. All calls shall go directly to the dispatcher or assigned clerical staff for

relay to the Animal Control Officer. If a call is exceptional, as defined in Section

5.4 of this Exhibit A, it shall be referred to the supervisor for evaluation and processing.

5.1.3 “Regular Service Hours” are the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.

5.1.4 “Limited Service Hours” are the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on holidays.

5.1.5 “Holidays” are as those days as established by the COUNTY and the CITY wherein the CITY or COUNTY is closed for service on a day that would otherwise be a regular service day.

5.2 Field service activities shall be performed daily and are generally based on both the Priority Ranking and on Limited Service Hours. All calls involving imminent danger will be responded to within sixty (60) minutes if reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances.

An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited Service Hours and on Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances. COUNTY shall provide a means for responding to calls for service that take place during Limited Service Hours which are of an emergent nature pursuant to this Exhibit A. Field service personnel shall be assigned to patrol and perform other service field tasks as defined by COUNTY and CITY.

5.3 Telephone service: The COUNTY shall answer all telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined in this Exhibit A. The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty (30) days. The CITY and COUNTY agree that any incident reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and requires immediate action by the COUNTY pursuant to this Agreement. Calls for service received during Limited Service Hours that are not of an emergent nature shall be answered by an answering service and referred to call back on the next business day during phone center operational hours. These calls then be scheduled for response in accordance with this Exhibit A.

5.4 Calls considered as Emergencies to be handled Without Delay:

5.4.1 Animals endangering health or safety of the community.

5.4.2 Police Department requests forservice.

5.4.3 Sick or injured stray animals.

5.4.4 Animals in distress.

5.4.5 Humane investigations – life threatening. (Depending on immediate circumstance)

5.4.6 Venomous snakes

5.4.7 Dead animal removal, Summer months only between June 1 and August 31 during Regular Business Hours

5.5 Calls Considered as Non-Emergency to be handled during Regular Business

Hours:

5.5.1 Pick-up confined, healthy, stray-animals.

5.5.2 Dead animal removal, between September 1 and May 31.

5.5.3 Quarantine investigations.

5.5.4 Leash law enforcement.

5.5.5 Nuisance animal investigations.

5.5.6 Permit investigations.

5.6 Exceptions:

The Director of Animal Control or the deputies of the Animal Control Director may, on a case-by-case basis, authorize variations of priority when circumstances require.

6. Quarterly Reports:

COUNTY shall furnish to the City Manager, or designee, quarterly and annual reports detailing field services provided that quarter. Upon reasonable notice to COUNTY, CITY may inspect any facility or records to verify the data contained in the reports.

CITY OF CALIMESA

EXHIBIT B

SCOPE OF INTEGRATED CANINE LICENSING PROGRAM
The County of Riverside (“COUNTY”), agrees to provide the following Integrated Canine Licensing Program (“ICLP”) services for the City of Calimesa, (“CITY”).

1. Provision of Integrated Canine Licensing Program Services: COUNTY shall provide ICLP services for CITY within the corporate limits of CITY. ICLP services shall include, but not be limited to, the following activities:

1.1 Licensing Program Operations: COUNTY shall administer a dog licensing program consisting of highly skilled staff in customer relations and licensing governance, applied GIS technology and web-based applications at the customer interface. This shall be coupled with the use of administrative citations, a web-based payment platform, and a semi-automated vaccination certificate recognition process.

1.2 License Officers Field Services: License Officers (LO) field services shall consist of traditional door knocking, observing and/or hearing barking dogs, and accessing the department’s database to determine if licensed dogs reside at that address. The LO may educate the resident dog owner on responsible pet ownership, may issue a citation, or may offer compliance solutions in the form of low-cost vaccination and department spay/neuter services. COUNTY aggressively pursues grant funding and has been very successful in utilizing grants to offer free services to these targeted areas known as “Healthy Pet Zones”.

1.3 Rabies Vaccination Certificate Data: Rabies vaccination certificates shall be collected from area veterinarians and downloaded into the database after the data has been scrubbed of inconsistencies. Reminders of licensing requirements shall be automatically generated and mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations. Remittance options include the “Web Licensing” portal on the COUNTY website, www.rcdas.org. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY shall also provide an automated or manual verification system whereby owners can verify the status of their animal’s license by telephone.

2. Licenses Fees and Collection of License Fees:

CITY authorizes COUNTY to collect any canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for dog licenses shall be accounted for by COUNTY and remitted back to the CITY on a monthly basis. Licenses shall be issued upon payment of fees as established by CITY’s Master Fee Schedule, as amended from time to time, and COUNTY shall retain the sum of $6.00, or the license processing fee as adopted by the Board of Supervisors, provided that CITY is given notice pursuant to the terms set forth in Section 3.

COMPENSATION, for each dog license issued hereunder.

A $1.50 processing fee shall be applied to each license processed online and COUNTY shall retain this processing fee. For payments made by credit card, a 3% transaction fee shall be applied and the County shall retain this transaction fee.

3. License Processing:

Compensation for license processing shall be based upon actual licenses processed and license processing fee as identified in the Board approved fee structure. License processing costs shall be billed monthly and total resulting compensation may vary from estimated Agreement cost as set forth in Exhibit C, Payment Provisions. COUNTY shall be responsible for the cost of license tags

and forms, citation forms, notices, and all necessary envelopes and postage in administering the ICLP services.

4. Verification of Licenses: COUNTY shall verify dog license status when responding to requests for services or when responding to complaints about animal behavior. Each Animal Control Officer, as part of the Officer’s regular animal control duties as defined by, not limited to the terms of this Agreement, shall conduct license inspection activities during animal control investigations for the purpose of ascertaining the number of unlicensed dogs, to license such dogs, and to foster compliance with Title 6 of the Calimesa Municipal Code. COUNTY shall also maintain an automated or manual verification system whereby owners can verify the status of their animal’s license by telephone. License information shall be updated and released as need to CITY’s pet license contractor.
//
/
/
/

CITY OF CALIMESA

EXHIBIT C

PAYMENT PROVISIONS
City of Calimesa (“CITY”) shall compensate the County of Riverside (“COUNTY”) on a monthly basis arrears, with a monthly billing and accounting thereof by COUNTY to CITY those fees as established by the CITY’s Master Fee Schedule, as amended from time to time, and COUNTY’s Board of Supervisors’ fee schedule, as amended from time to time; relative to the services to be performed under this Agreement as follows:

Field, Shelter and Licensing Services Estimate
Service Quantity Cost Annually Monthly
Estimated /On-Call
Usage* 188 $170.15/hour $31,988 $2,666
Animal Sheltering 46 $34.10/day x 10-day avg. $15,686 $1,307 O&M 46 $12.53/impound $576 $48
License Processing*** 307 $11.35 per license $3,484 $290 Total Estimated Cost** $51,734/FY $4,311/month
* Actual cost may vary based on on-call usage.
**Rates are subject to change as adopted by the Board of Supervisors. ***License processing cost may vary based on number of licenses sold. County shall retain $11.35 for each license sold, and remaining balance of license will be credited back to the City on a monthly basis.

Sheltering:

Animal Sheltering costs at the Western Riverside County/City Animal Shelter is $34.10 per kenneling day, and it would be billed based on actual usage. The estimate provided is based on statistics provided by City and is based on an average kennel stay of 10 days.

Operational and Maintenance (O&M):

O&M is charged at $12.53 per stray dog or cat impound.

Livestock and Other Impound Fees:

Large Animal Sheltering @ $20/animal (horses, ponies, cattle) per day of sheltering (additional cost billed on actual use)
Large Animal Sheltering @ $12/animal (swine, goats, sheep) per day of sheltering (additional cost billed on actual use)
Wildlife impound fee: $138 per impound
Deceased animal pickup fee: $70 per animal

Optional Services
Daily flat rates education outreach and shot clinics will be billed based on actual outreach days scheduled.

Compensation accounts for full staff time to provide service for one day. The maximum time possible will be afforded for actual outreach activity; however actual outreach activity time will be reduced by travel and preparation time the day of the event.

Outreach event:
$2,553 per event flat rate billed on actual use**
(The cost to provide 3 staff, 9 hours each, OT rates used due to limited staffing levels – supplemented by volunteers.)
Shot Clinic or Spay and Neuter Bus Services:
$3,000 per event flat rate billed actual use**
(The cost to provide 3 clinic services staff and one veterinarian for 9 hours, to be billed based on actual usage as requested by City.)
**Rates are subject to change as adopted by the Board of Supervisors.

1 URGENCY ORDINANCE NO. 390-U

AN URGENCY ORDINANCE OF THE CITY OF CALIMESA ADOPTING
BY REFERENCE TITLE 6, ANIMALS, OF THE RIVERSIDE COUNTY
CODE AS THE CITY’S ANIMAL CONTROL ORDINANCE, AMENDING

THE CALIMESA MUNICIPAL CODE AND DECLARING THE URGENCY
THEREOF.

THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:

Section 1. Recitals.

A. The City of Calimesa (“City”) has approved an agreement with the County of Riverside for Animal Control Field and Licensing Services that will go into effect on July 1, 2023. The County requires the City to adopt Title 6 of the Riverside County Code of Ordinances in order for the County to provide animal control field and licensing services.

B. California Government Code Section 50022.2, et seq. authorizes the adoption by reference of county and State Codes.

C. At least one (1) copy of Title 6 of the Riverside County Code of Ordinances, certified as full, true and correct, has been filed in the office of the City Clerk of the City of Calimesa in accordance with the provisions of California Government Code Section 50022.6.

D. All legal prerequisites to the adoption of this Ordinance have occurred.

Section 2. Chapter 6.05 (Animals) of Title 6 (Animals) of the Calimesa Municipal Code is hereby repealed.

Section 3. A new Chapter 6.05 (Animals) is hereby added to Title 6 (Animals) of the Calimesa Municipal Code to read as follows:
“6.05.010 Adoption of County of Riverside ordinance by reference.

Title 6, Animals, of the Riverside County Code, as amended and in effect on May 15, 2023, is hereby adopted by reference as the “Animal Control Ordinance” of the City of Calimesa subject to certain amendments and deletions as hereinafter provided.

A copy of Title 6, Animals, of the Riverside County Code, in effect on May 15, 2023, has been deposited in the office of the City Clerk and shall at all times be maintained by the City Clerk for use and examination by the public.

6.05.020 Definitions.

Notwithstanding the provisions of Section 6.05.010, the following words and phrases used in the Animal Control Ordinance are defined as follows:

A. County of Riverside shall mean the City of Calimesa, except where the

Attachment 13B
2 County of Riverside is the correct notation due to circumstances.

B. “County Ordinance No. 348” shall mean and refer to Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code (“Calimesa Zoning Code”).

C. Department shall mean the County of Riverside Department of Animal Services.

D. Riverside County Planning Department shall mean the Community Development Department of the City of Calimesa.

E. Unincorporated Area or Unincorporated Area of the County of Riverside shall mean the area of the City of Calimesa in its true geographical location.

6.05.030 Animal Control Ordinance Amended - Deletions. Notwithstanding the provisions of Section 6.05.010, Chapter 6.05 (Crowing Roosters) is hereby deleted in its entirety.

6.05.040 Animal Control Ordinance Amended - Deletions. Notwithstanding the provisions of Section 6.05.010, Chapter 6.06 (Mandatory Altering and Licensing of Miniature Pigs) is hereby deleted in its entirety.

6.05.050 Animal Control Ordinance Amended - Deletions. Notwithstanding the provisions of Section 6.05.010, the following definitions set forth in Section 6.08.010 are hereby deleted from the Animal Control Ordinance: Class II Kennel, Class III Kennel and Class IV Kennel.

6.05.060 Animal Control Ordinance Amended - Amendments. Notwithstanding the provisions of Section 6.05.010, the definitions of Cattery and Class I Kennel set forth in Paragraph F and G of Section 6.08.010 (Definitions) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) are hereby amended to read as follows:

F. “Cattery.” Any lot, building, structure, or premises upon or in which four or more cats over four months of age are kept for sale or breeding purposes or are boarded or trained for hire, or where four or more weaned cats are kept, maintained, or permitted for any reason or purpose, whether commercial, noncommercial, or otherwise.

G. “Kennel.” Any lot, building, structure, or premises upon or in which four or more dogs over four months of age are kept for sale or breeding purposes or are boarded or trained for hire, or where four or more weaned dogs are kept, maintained, or permitted for any reason or purpose, whether commercial, noncommercial, or otherwise.

6.05.070 Animal Control Ordinance Amended - Amendments. Notwithstanding the provisions of Section 6.05.010, Paragraphs A, B and C of Section 6.08.050 (Mandatory licensing of kennels and catteries) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) are hereby amended to read as follows:

A. Any person maintaining four or more dogs, four months of age or older, shall obtain the appropriate kennel license as required by the Department. Any person maintaining four or more cats, four months of age or older, shall obtain a cattery license

3 from the Department.

B. No person shall operate or maintain or be provided a permit from the Department for a kennel or cattery, as defined in section 6.08.010 of this chapter, without first obtaining a valid conditional use permit from the City of Calimesa Community Development Department pursuant to the applicable provisions of the Zoning Code of the City of Calimesa set forth in Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code (“Calimesa Zoning Code”). If the Calimesa Zoning Code prohibits such facilities in a specific zone or the Calimesa Zoning Code is silent on whether such facilities may be maintained, the use is not permitted and no license under 6.08.050 may be issued by the Department.”
C. Application for a kennel or cattery license shall be filed with the director on a form prescribed by him/her not later than ten (10) days after obtaining a valid conditional use permit from the City of Calimesa. Said application form, when completed, shall contain such information as may reasonably be required by the director for the purposes of enforcement of this chapter, including but not limited to:’

1. The verification in the form of a conditional use permit issued by the City of Calimesa that the operation of the kennel or cattery is in compliance with Calimesa Zoning Code;

2. The current home telephone number of the caretaker of the subject kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent for the subject kennel or cattery;

3. Where a kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel or cattery may be maintained and operated on such premises shall be submitted to the director at the time the application for the kennel or cattery license is submitted.

The applicant shall pay the kennel fee that is commensurate with the number of dogs described in the Department’s license fee schedule in Section 6.08.240. A kennel with four dogs shall pay the Class I license fee.

6.05.080 Animal Control Ordinance Amended - Additions. Notwithstanding the provisions of Section 6.05.010, a new Section 6.04.160 is hereby added to Chapter

6.04 (Animals General) of Title 6 (Animals) to read as follows:

6.04.160. Animal Keeping Requirements.

Any property where animals are kept shall comply with the all the applicable requirements of this Title 6 and Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code as it relates to the keeping of animals.

6.05.090 Animal Control Ordinance- Amended - Additions. Notwithstanding the provisions of Section 6.05.010, the following paragraph (E) is hereby added to Section

6.08.120 (Altered and unaltered animals) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:

E. Penalties. Penalties issued for failure to spay or neuter a dog or cat shall be

4 enforced as set forth below:

1. 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.

2. Should the owner or custodian of an unaltered dog or cat be found in violation of a state or local law, as stated above, in subsection 1., the owner or custodian shall be required to spay or neuter the unaltered animal in accordance with this section.

6.05.100 Animal Control Ordinance- Amended - Additions. Notwithstanding the provisions of Section 6.05.010, the following paragraph (H) is hereby added to Section

6.08.125 (Altered and unaltered animals) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:

H. Violations and penalties. Any person violating any provision of this section shall be deemed guilty of an infraction or misdemeanor and subject to the same criminal, civil and administrative fines, penalties and costs, including all rights to appeal, as enumerated Riverside County Ordinance ("RCO") No. 630, including any amendments to RCO No. 630 that may occur from time to time.

6.05.110 Animal Control Ordinance- Amended - Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.08.200 is hereby added to Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:

6.08.200 - Violations.

In addition to the remedies and penalties contained in this chapter, any person violating any provision of the Animal Control Ordinance shall be guilty of an infraction, unless otherwise stated in such county animal control ordinances, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00) for the first violation; a fine not to exceed two hundred dollars ($200.00) for the second violation within one year; or a fine not to exceed five hundred dollars ($500.00) for each additional violation within one year. Each day a violation is committed or permitted to continue shall constitute a separate offense.

A. Persons receiving a citation for any infraction resulting from a violation of this chapter, may choose to clear the citation within ten (10) business days, thereby avoiding a visit to court and a potentially higher court fine, by demonstrating their compliance to the director through their written, signed agreement and paying an administrative fee in an amount as set forth in Section 6.06.240 of this chapter.

5 B. Persons who violate a home quarantine, fail to produce an animal for quarantine upon demand, or in any other way interfere with rabies investigation, shall be guilty of a misdemeanor, pursuant to Section 121710 of the California Health and Safety Code and Section 9701 of the California Food and Agriculture Code, which is punishable by imprisonment in the county jail for a period not to exceed one year, or by a fine of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00) per day of violation, or both fine and imprisonment.

6.05.120 Animal Control Ordinance- Amended - Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.08.220 is hereby added to Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:

6.08.220 - Administrative citations and penalties.

In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code Section 53069.4, an administrative citation may be issued for any violation of county animal control ordinances. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.

A. Notice of violation. If an animal is owned, kept, maintained, or found to be in violation of a county animal control ordinance, an administrative citation may be issued by the animal control officer. An administrative citation will not be issued for violation of Section 6.08.050 (mandatory licensing of kennels and catteries) prior to written notice of violation being issued.

B. Content of citation. The administrative citation shall be issued on a form approved by county counsel and shall contain the following information:

1. Date, location and approximate time that the violation was observed;

2. The ordinance violated and a brief description of the violation;

3. The amount of the administrative penalty imposed for the violation;

4. Instructions for payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty within the required time period;

5. Instructions on how to appeal the citation;

6. The signature of the animal control officer.

The failure of the citation to set forth all required contents shall not affect the validity of the proceedings.

C. Service of Citation.

1. Service of an administrative citation may be made upon the responsible party either by personal delivery or by first class mail, postage prepaid, return receipt requested, and shall be deemed completed when it is personally delivered to the responsible party, or, if mailing is used, five days after deposit in the mail for mailing to an address within California or ten days after deposit for mailing to an address outside

6 California. If the copy of the administrative citation sent by certified mail to a responsible party is returned by the United States Postal Service with the mail receipt unsigned, or marked "unclaimed" and/or "refused," then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service.

2. In lieu of personally serving the responsible party by personal delivery or first class mail, postage prepaid, service of the administrative citation, and any amended or supplemental citation, may be made by substituted service using the methods described in Sections 415.20 through 415.95 of the California Code of Civil Procedure.

3. The failure of a copy of the administrative citation being received by the responsible party shall not affect the validity of the proceedings.

D. Administrative penalties.

1. The penalties assessed for each violation of a county animal control ordinance shall not exceed the following amounts:
i. One hundred dollars ($100.00) for a first violation; ii. Two hundred dollars ($200.00) for a second violation of the same administrative abatement order within one year;
iii. Five hundred dollars ($500.00) for each additional violation of the administrative abatement order within one year.

2. If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of penalty shall increase at the rate specified above.

3. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.

4. The penalties assessed shall be payable to the County of Riverside Department of Animal Services.

5. Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.

E. Administrative appeal of administrative citation.

1. Notice of appeal. The recipient of an administrative citation may appeal the citation by filing a written notice of appeal with the department. The written notice of appeal must be filed within twenty (20) days of the service of the administrative citation set forth in subsection C. above. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation.

The notice of appeal shall be submitted on county forms and shall contain the following information:
i. A brief statement setting forth the appellant's interest in the proceedings;

7 ii. A brief statement of the material facts which the appellant claims supports his contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted; iii. An address at which the appellant agrees notice of any additional proceeding or an order relating to the administrative penalty may be received by mail;
iv. The notice of appeal must be signed by the appellant; v. A check or money order is required, as a deposit, for the total penalty amount shown on the front side of the citation, before the Administrative Appeal will be scheduled;
vi. Indigence must be proved to have the deposit waved.

2. Administrative hearing. Upon a timely written request by the recipient of an administrative citation, an administrative hearing shall be held as follows:
i. Notice of hearing. Notice of the administrative hearing regarding the administrative citation shall be given at least ten (10) days before the hearing to the person requesting the hearing.
ii. The administrative hearing regarding the administrative citation shall be held before the animal services director, or his designee. The hearing officer shall not be the investigating animal control officer who issued the administrative citation or his immediate supervisor. The director may contract with a qualified provider to conduct the administrative hearings or to process administrative citations. iii. Conduct of the hearing. The investigating animal control officer who issued the administrative citation shall not be required to participate in the administrative hearing regarding the citation. The contents of the investigating animal control officer's file shall be admitted as prima facie evidence of the facts stated therein.

The hearing officer shall not be limited by the technical rules of evidence. If the person requesting the appeal of the administrative citation fails to appear at the administrative hearing, the hearing officer shall make his determination based on the information contained in the notice of appeal.
iv. Hearing officer's decision. The hearing officer's decision regarding the administrative citation following the administrative hearing may be personally delivered to the person requesting the hearing or sent by mail. The hearing officer may allow payment of the administrative penalty in installments, if the person provides evidence satisfactory to the hearing officer of an inability to pay the penalty in full at one time. The hearing officer's decision shall contain instruction for obtaining review of the decision by the superior court.

F. Review of administrative hearing officer's decision. If the recipient of an administrative citation disagrees with the administrative hearing officer's decision upholding the issuance of the administrative citation and/or administrative penalty amount assessed, the recipient may appeal the issuance of the administrative citation to the superior court as set forth in this section.

1. Notice of appeal. Within twenty (20) days of the delivery and mailing of the hearing officer's decision regarding the administrative citation, the recipient of the

8 administrative citation may contest that decision by filing an appeal to be heard by the superior court. The appeal fee for filing the notice of appeal shall be in an amount as set forth in section 6.08.240 of this chapter. The failure to file the written appeal and to pay the filing fees within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon the department of animal services by the contestant.

2. Conduct of hearing. The conduct of the appeal hearing is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. The appeal shall be heard de novo, except that the contents of the issuing agency's file in the case shall be received into evidence. A copy of the issued administrative citation providing notice of the violation and imposition of the administrative penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the issuing agency's file on the case be forwarded to the court, to be received within fifteen (15) days of the request.

3. Judgment. The court shall retain the appeal fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the department of animal services. Any deposit of the fine or penalty shall be refunded to the department of animal services in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the issuing agency may proceed to collect the penalty pursuant to the procedures set forth in this chapter, or in any other manner provided by law.

6.05.130 Animal Control Ordinance- Amended- Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.12.120 is hereby added to Chapter 6.12 (Abandoned, Neglected and Cruelly Treated Animals) of Title 6 (Animals) to read as follows:

6.12.120 - Violation—Penalty.

Every owner, driver or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square or lot within the City of Calimesa, without proper care or attention shall be guilty of an infraction or misdemeanor as hereinafter specified.

Such individual shall be deemed guilty of a separate offense of each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. Any individual convicted of a violation of this chapter shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation.

The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation.

6.05.140 Animal Control Ordinance- Amended- Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.20.150 is hereby added to Chapter 6.20 (Noisy Animals) of Title 6 (Animals) to read as follows:

6.20.150 - Administrative citations and penalties.

9 In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code section 53069.4, an administrative citation may be issued for failure to comply with an administrative abatement order of the administrative hearing officer. The procedures set forth in Section 6.08.220 shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.

6.05.150 Animal Control Ordinance- Amended- Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.24.090 is hereby added to Chapter 6.24 (Burros) of Title 6 (Animals) to read as follows:

6.24.090 - Violation.

A. An administrative citation, infraction, or other such authorized penalty may be issued to any person in violation of this chapter.

B. An infraction is punishable by;

1. A fine not to exceed one hundred dollars ($100.00) for the first violation;

2. A fine not to exceed two hundred dollars ($200.00) for the second violation within one year;

3. A fine not to exceed five hundred dollars ($500.00) for each additional violation within one year.

C. The administrative penalties assessed for each violation of a county animal control ordinance shall not exceed the following amounts.

1. One hundred dollars ($100.00) for a first violation;

2. Two hundred dollars ($200.00) for a second violation of the same administrative abatement order within one year;

3. Five hundred dollars ($500.00) for each additional violation of the administrative abatement order within one year.

D. Each such person shall be guilty of a separate offense for each and every incident in which any violation of any provision of the chapter of the county is committed, continued or permitted by any such person, and such person shall be punishable accordingly.

E. Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.

F. The penalties assessed shall be payable to the county department of animal services.

G. A citation is to issue and be processed in compliance with Section

6.08.220.”
Section 4. Urgency Findings. This Ordinance is declared to be an urgency measure necessary for the immediate protection of the public health, safety and welfare in order to ensure the continuation of the City’s animal control services, and it shall become effective immediately upon its adoption. The City approved an agreement with

10 the County of Riverside Department of Animal Services for Animal Shelter and Field Services on May 15, 2023 with services to begin on July 1, 2023. The County of Riverside requires that the City adopt Title 6 of the Riverside County Code of Ordinances in order for the County to provide animal shelter and field services to the residents of the City. Accordingly, the City Council finds that in order to best protect the health, safety and welfare of the residents of the City of Calimesa, it is necessary to adopt Title 6 of the Riverside County Code so that Title 6 will be effective on July 1, 2023. Failure of the City to adopt Title 6 would be inconsistent with the City’s Agreement with the County and will result in the failure of services to be provided to the City as the City’s current agreement with the City of Beaumont terminates on June 30, 2023. Moreover, the absence of available animal control services would be an immediate threat to the health and safety to the City, and therefore it is necessary for this Ordinance take effect immediately.

Therefore, the immediate preservation of the public health, safety and welfare requires that this Ordinance be enacted as an urgency ordinance pursuant to Government Code Sections 36937(b) and take effect immediately upon adoption, and its urgency is hereby declared.

Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 6. Effective Date. This Ordinance shall go into effect on July 1, 2023.

Section 7. Signature, Publication and Certification. The Mayor shall sign, and the City Clerk shall attest to the adoption of this Urgency Ordinance and shall cause the same to be posted and published in the manner required by law.

PASSED, APPROVED AND ADOPTED upon the following roll call vote, this 15th day of May, 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_______________________________________

DARLENE GERDES, CITY CLERK

11 APPROVED AS TO FORM:
________________________________________

QUINN BARROW, CITY ATTORNEY

1 ORDINANCE NO. 390

AN ORDINANCE OF THE CITY OF CALIMESA ADOPTING BY
REFERENCE TITLE 6, ANIMALS, OF THE RIVERSIDE COUNTY CODE AS THE CITY’S ANIMAL CONTROL ORDINANCE, AMENDING THE

CALIMESA MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS:

Section 1. Recitals.

A. The City of Calimesa (“City”) has approved an agreement with the County of Riverside for Animal Control Field and Licensing Services that will go into effect on July 1, 2023. The County requires the City to adopt Title 6 of the Riverside County Code of Ordinances in order for the County to provide animal control field and licensing services.

B. California Government Code Section 50022.2, et seq. authorizes the adoption by reference of county and State Codes.

C. A duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance.

D. At least one (1) copy of Title 6 of the Riverside County Code of Ordinances, certified as full, true and correct, has been filed in the office of the City Clerk of the City of Calimesa in accordance with the provisions of California Government Code Section 50022.6.

E. All legal prerequisites to the adoption of this Ordinance have occurred.

Section 2. Chapter 6.05 (Animals) of Title 6 (Animals) of the Calimesa Municipal Code is hereby repealed.

Section 3. A new Chapter 6.05 (Animals) is hereby added to Title 6 (Animals) of the Calimesa Municipal Code to read as follows:
“6.05.010 Adoption of County of Riverside ordinance by reference.

Title 6, Animals, of the Riverside County Code, as amended and in effect on May 15, 2023, is hereby adopted by reference as the “Animal Control Ordinance” of the City of Calimesa subject to certain amendments and deletions as hereinafter provided.

A copy of Title 6, Animals, of the Riverside County Code, in effect on May 15, 2023,

Attachment 13C
2 has been deposited in the office of the City Clerk and shall at all times be maintained by the City Clerk for use and examination by the public.

6.05.020 Definitions.

Notwithstanding the provisions of Section 6.05.010, the following words and phrases used in the Animal Control Ordinance are defined as follows:

A. County of Riverside shall mean the City of Calimesa, except where the County of Riverside is the correct notation due to circumstances.

B. “County Ordinance No. 348” shall mean and refer to Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code (“Calimesa Zoning Code”).

C. Department shall mean the County of Riverside Department of Animal Services.

D. Riverside County Planning Department shall mean the Community Development Department of the City of Calimesa.

E. Unincorporated Area or Unincorporated Area of the County of Riverside shall mean the area of the City of Calimesa in its true geographical location.

6.05.030 Animal Control Ordinance Amended - Deletions. Notwithstanding the provisions of Section 6.05.010, Chapter 6.05 (Crowing Roosters) is hereby deleted in its entirety.

6.05.040 Animal Control Ordinance Amended - Deletions. Notwithstanding the provisions of Section 6.05.010, Chapter 6.06 (Mandatory Altering and Licensing of Miniature Pigs) is hereby deleted in its entirety.

6.05.050 Animal Control Ordinance Amended - Deletions. Notwithstanding the provisions of Section 6.05.010, the following definitions set forth in Section 6.08.010 are hereby deleted from the Animal Control Ordinance: Class II Kennel, Class III Kennel and Class IV Kennel.

6.05.060 Animal Control Ordinance Amended - Amendments. Notwithstanding the provisions of Section 6.05.010, the definitions of Cattery and Class I Kennel set forth in Paragraph F and G of Section 6.08.010 (Definitions) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) are hereby amended to read as follows:

F. “Cattery.” Any lot, building, structure, or premises upon or in which four or more cats over four months of age are kept for sale or breeding purposes or are boarded or trained for hire, or where four or more weaned cats are kept, maintained, or permitted for any reason or purpose, whether commercial, noncommercial, or otherwise.

3 G. “Kennel.” Any lot, building, structure, or premises upon or in which four or more dogs over four months of age are kept for sale or breeding purposes or are boarded or trained for hire, or where four or more weaned dogs are kept, maintained, or permitted for any reason or purpose, whether commercial, noncommercial, or otherwise.

6.05.070 Animal Control Ordinance Amended - Amendments. Notwithstanding the provisions of Section 6.05.010, Paragraphs A, B and C of Section 6.08.050 (Mandatory licensing of kennels and catteries) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) are hereby amended to read as follows:

A. Any person maintaining four or more dogs, four months of age or older, shall obtain the appropriate kennel license as required by the Department. Any person maintaining four or more cats, four months of age or older, shall obtain a cattery license from the Department.

B. No person shall operate or maintain or be provided a permit from the Department for a kennel or cattery, as defined in section 6.08.010 of this chapter, without first obtaining a valid conditional use permit from the City of Calimesa Community Development Department pursuant to the applicable provisions of the Zoning Code of the City of Calimesa set forth in Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code (“Calimesa Zoning Code”). If the Calimesa Zoning Code prohibits such facilities in a specific zone or the Calimesa Zoning Code is silent on whether such facilities may be maintained, the use is not permitted and no license under 6.08.050 may be issued by the Department.”
C. Application for a kennel or cattery license shall be filed with the director on a form prescribed by him/her not later than ten (10) days after obtaining a valid conditional use permit from the City of Calimesa. Said application form, when completed, shall contain such information as may reasonably be required by the director for the purposes of enforcement of this chapter, including but not limited to:’

1. The verification in the form of a conditional use permit issued by the City of Calimesa that the operation of the kennel or cattery is in compliance with Calimesa Zoning Code;

2. The current home telephone number of the caretaker of the subject kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent for the subject kennel or cattery;

3. Where a kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel or cattery may be maintained and operated on such premises shall be submitted to the director at the time the application for the kennel or cattery license is submitted.

The applicant shall pay the kennel fee that is commensurate with the number of dogs

4 described in the Department’s license fee schedule in Section 6.08.240. A kennel with four dogs shall pay the Class I license fee.

6.05.080 Animal Control Ordinance Amended - Additions. Notwithstanding the provisions of Section 6.05.010, a new Section 6.04.160 is hereby added to Chapter

6.04 (Animals General) of Title 6 (Animals) to read as follows:

6.04.160. Animal Keeping Requirements.

Any property where animals are kept shall comply with the all the applicable requirements of this Title 6 and Title 18 (Zoning, Land Use and Development Regulations) of the Calimesa Municipal Code as it relates to the keeping of animals.

6.05.090 Animal Control Ordinance- Amended - Additions. Notwithstanding the provisions of Section 6.05.010, the following paragraph (E) is hereby added to Section

6.08.120 (Altered and unaltered animals) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:

E. Penalties. Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below:

1. 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.

2. Should the owner or custodian of an unaltered dog or cat be found in violation of a state or local law, as stated above, in subsection 1., the owner or custodian shall be required to spay or neuter the unaltered animal in accordance with this section.

6.05.100 Animal Control Ordinance- Amended - Additions. Notwithstanding the provisions of Section 6.05.010, the following paragraph (H) is hereby added to Section

6.08.125 (Altered and unaltered animals) of Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:

H. Violations and penalties. Any person violating any provision of this section shall be deemed guilty of an infraction or misdemeanor and subject to the same criminal,

5 civil and administrative fines, penalties and costs, including all rights to appeal, as enumerated Riverside County Ordinance ("RCO") No. 630, including any amendments to RCO No. 630 that may occur from time to time.

6.05.110 Animal Control Ordinance- Amended - Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.08.200 is hereby added to Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:

6.08.200 - Violations.

In addition to the remedies and penalties contained in this chapter, any person violating any provision of the Animal Control Ordinance shall be guilty of an infraction, unless otherwise stated in such county animal control ordinances, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00) for the first violation; a fine not to exceed two hundred dollars ($200.00) for the second violation within one year; or a fine not to exceed five hundred dollars ($500.00) for each additional violation within one year. Each day a violation is committed or permitted to continue shall constitute a separate offense.

A. Persons receiving a citation for any infraction resulting from a violation of this chapter, may choose to clear the citation within ten (10) business days, thereby avoiding a visit to court and a potentially higher court fine, by demonstrating their compliance to the director through their written, signed agreement and paying an administrative fee in an amount as set forth in Section 6.06.240 of this chapter.

B. Persons who violate a home quarantine, fail to produce an animal for quarantine upon demand, or in any other way interfere with rabies investigation, shall be guilty of a misdemeanor, pursuant to Section 121710 of the California Health and Safety Code and Section 9701 of the California Food and Agriculture Code, which is punishable by imprisonment in the county jail for a period not to exceed one year, or by a fine of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00) per day of violation, or both fine and imprisonment.

6.05.120 Animal Control Ordinance- Amended - Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.08.220 is hereby added to Chapter 6.08 (Dogs, Cats and Other Animals) of Title 6 (Animals) to read as follows:

6.08.220 - Administrative citations and penalties.

In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code Section 53069.4, an administrative citation may be issued for any violation of county animal control ordinances. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.

6 A. Notice of violation. If an animal is owned, kept, maintained, or found to be in violation of a county animal control ordinance, an administrative citation may be issued by the animal control officer. An administrative citation will not be issued for violation of Section 6.08.050 (mandatory licensing of kennels and catteries) prior to written notice of violation being issued.

B. Content of citation. The administrative citation shall be issued on a form approved by county counsel and shall contain the following information:

1. Date, location and approximate time that the violation was observed;

2. The ordinance violated and a brief description of the violation;

3. The amount of the administrative penalty imposed for the violation;

4. Instructions for payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty within the required time period;

5. Instructions on how to appeal the citation;

6. The signature of the animal control officer.

The failure of the citation to set forth all required contents shall not affect the validity of the proceedings.

C. Service of Citation.

1. Service of an administrative citation may be made upon the responsible party either by personal delivery or by first class mail, postage prepaid, return receipt requested, and shall be deemed completed when it is personally delivered to the responsible party, or, if mailing is used, five days after deposit in the mail for mailing to an address within California or ten days after deposit for mailing to an address outside California. If the copy of the administrative citation sent by certified mail to a responsible party is returned by the United States Postal Service with the mail receipt unsigned, or marked "unclaimed" and/or "refused," then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service.

2. In lieu of personally serving the responsible party by personal delivery or first class mail, postage prepaid, service of the administrative citation, and any amended or supplemental citation, may be made by substituted service using the methods described in Sections 415.20 through 415.95 of the California Code of Civil Procedure.

3. The failure of a copy of the administrative citation being received by the responsible party shall not affect the validity of the proceedings.

D. Administrative penalties.

7 1. The penalties assessed for each violation of a county animal control ordinance shall not exceed the following amounts:
i. One hundred dollars ($100.00) for a first violation; ii. Two hundred dollars ($200.00) for a second violation of the same administrative abatement order within one year;
iii. Five hundred dollars ($500.00) for each additional violation of the administrative abatement order within one year.

2. If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of penalty shall increase at the rate specified above.

3. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.

4. The penalties assessed shall be payable to the County of Riverside Department of Animal Services.

5. Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.

E. Administrative appeal of administrative citation.

1. Notice of appeal. The recipient of an administrative citation may appeal the citation by filing a written notice of appeal with the department. The written notice of appeal must be filed within twenty (20) days of the service of the administrative citation set forth in subsection C. above. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation.

The notice of appeal shall be submitted on county forms and shall contain the following information:
i. A brief statement setting forth the appellant's interest in the proceedings;
ii. A brief statement of the material facts which the appellant claims supports his contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted; iii. An address at which the appellant agrees notice of any additional proceeding or an order relating to the administrative penalty may be received by mail;
iv. The notice of appeal must be signed by the appellant; v. A check or money order is required, as a deposit, for the total penalty amount shown on the front side of the citation, before the Administrative Appeal will be scheduled;

8 vi. Indigence must be proved to have the deposit waved.

2. Administrative hearing. Upon a timely written request by the recipient of an administrative citation, an administrative hearing shall be held as follows:
i. Notice of hearing. Notice of the administrative hearing regarding the administrative citation shall be given at least ten (10) days before the hearing to the person requesting the hearing.
ii. The administrative hearing regarding the administrative citation shall be held before the animal services director, or his designee. The hearing officer shall not be the investigating animal control officer who issued the administrative citation or his immediate supervisor. The director may contract with a qualified provider to conduct the administrative hearings or to process administrative citations. iii. Conduct of the hearing. The investigating animal control officer who issued the administrative citation shall not be required to participate in the administrative hearing regarding the citation. The contents of the investigating animal control officer's file shall be admitted as prima facie evidence of the facts stated therein.

The hearing officer shall not be limited by the technical rules of evidence. If the person requesting the appeal of the administrative citation fails to appear at the administrative hearing, the hearing officer shall make his determination based on the information contained in the notice of appeal.
iv. Hearing officer's decision. The hearing officer's decision regarding the administrative citation following the administrative hearing may be personally delivered to the person requesting the hearing or sent by mail. The hearing officer may allow payment of the administrative penalty in installments, if the person provides evidence satisfactory to the hearing officer of an inability to pay the penalty in full at one time. The hearing officer's decision shall contain instruction for obtaining review of the decision by the superior court.

F. Review of administrative hearing officer's decision. If the recipient of an administrative citation disagrees with the administrative hearing officer's decision upholding the issuance of the administrative citation and/or administrative penalty amount assessed, the recipient may appeal the issuance of the administrative citation to the superior court as set forth in this section.

1. Notice of appeal. Within twenty (20) days of the delivery and mailing of the hearing officer's decision regarding the administrative citation, the recipient of the administrative citation may contest that decision by filing an appeal to be heard by the superior court. The appeal fee for filing the notice of appeal shall be in an amount as set forth in section 6.08.240 of this chapter. The failure to file the written appeal and to pay the filing fees within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon the department of animal services by the contestant.

2. Conduct of hearing. The conduct of the appeal hearing is a subordinate judicial duty and may be performed by traffic trial commissioners and other

9 subordinate judicial officials at the direction of the presiding judge of the court. The appeal shall be heard de novo, except that the contents of the issuing agency's file in the case shall be received into evidence. A copy of the issued administrative citation providing notice of the violation and imposition of the administrative penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the issuing agency's file on the case be forwarded to the court, to be received within fifteen (15) days of the request.

3. Judgment. The court shall retain the appeal fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the department of animal services. Any deposit of the fine or penalty shall be refunded to the department of animal services in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the issuing agency may proceed to collect the penalty pursuant to the procedures set forth in this chapter, or in any other manner provided by law.

6.05.130 Animal Control Ordinance- Amended- Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.12.120 is hereby added to Chapter 6.12 (Abandoned, Neglected and Cruelly Treated Animals) of Title 6 (Animals) to read as follows:

6.12.120 - Violation—Penalty.

Every owner, driver or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square or lot within the City of Calimesa, without proper care or attention shall be guilty of an infraction or misdemeanor as hereinafter specified.

Such individual shall be deemed guilty of a separate offense of each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. Any individual convicted of a violation of this chapter shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation.

The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation.

6.05.140 Animal Control Ordinance- Amended- Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.20.150 is hereby added to Chapter 6.20 (Noisy Animals) of Title 6 (Animals) to read as follows:

6.20.150 - Administrative citations and penalties.

In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code section 53069.4, an administrative citation may be issued for failure to comply with an administrative abatement order of the administrative

10 hearing officer. The procedures set forth in Section 6.08.220 shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.

6.05.150 Animal Control Ordinance- Amended- Additions. Notwithstanding the provisions of Section 6.05.010, Section 6.24.090 is hereby added to Chapter 6.24 (Burros) of Title 6 (Animals) to read as follows:

6.24.090 - Violation.

A. An administrative citation, infraction, or other such authorized penalty may be issued to any person in violation of this chapter.

B. An infraction is punishable by;

1. A fine not to exceed one hundred dollars ($100.00) for the first violation;

2. A fine not to exceed two hundred dollars ($200.00) for the second violation within one year;

3. A fine not to exceed five hundred dollars ($500.00) for each additional violation within one year.

C. The administrative penalties assessed for each violation of a county animal control ordinance shall not exceed the following amounts.

1. One hundred dollars ($100.00) for a first violation;

2. Two hundred dollars ($200.00) for a second violation of the same administrative abatement order within one year;

3. Five hundred dollars ($500.00) for each additional violation of the administrative abatement order within one year.

D. Each such person shall be guilty of a separate offense for each and every incident in which any violation of any provision of the chapter of the county is committed, continued or permitted by any such person, and such person shall be punishable accordingly.

E. Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.

F. The penalties assessed shall be payable to the county department of animal services.

G. A citation is to issue and be processed in compliance with Section

6.08.220.”

11 Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 5. Signature, Publication and Certification. The Mayor shall sign, and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be posted and published in the manner required by law.

INTRODUCED AND PASSED UPON FIRST READING by title only, upon the following vote, this 15th day of May 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED and ADOPTED upon the following roll call vote, this 19th day of June, 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_______________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
________________________________________

QUINN BARROW, CITY ATTORNEY

Riverside County, California, Code of Ordinances
Title 6 ANIMALS
Riverside County, California, Code of Ordinances Created: 2023-01-31 18:14:34 [EST] (Supp. No. 80, Update 1)

Title 6

ANIMALS
Chapter 6.04 ANIMALS GENERALLY
Sections:

6.04.010 Definitions.

Whenever in this chapter the words defined in this section are used they shall have the respective meanings assigned to them in the following definitions:
"Animal" means and includes any domestic bovine animal, horse, mule, burro, sheep, goat, swine or other domestic animal except a dog or cat.
"At large" means off the premises of, and not under physical restraint, by, the owner or other person having charge of an animal.
"Fowl" means and includes any chicken, duck, turkey, goose or other domestic fowl. "Health officer" means the health officer of the county of Riverside or his or her duly authorized representative.
(Ord. 534.6 § 1, 2007; Ord. 534.5 § 1, 1991)

6.04.020 Animals or fowl at large prohibited.

No person owning or having charge of any animal or fowl shall permit the same to be at large on any highway, street, sidewalk, lane, alley or other public place, or upon any private property other than that of the person owning or having charge of such animal or fowl unless such owner or person having charge of such animal or fowl has the consent of the owner of the private property. (Ord. 534.5 § 2, 1991)

6.04.030 Exemption.

This chapter shall not prohibit leading, driving, riding or conducting animals under adequate supervision along a public highway.
(Ord. 534.5 § 3, 1991)

6.04.040 Impounding animals.

Subject to the provisions contained in Section 6.04.140 of this chapter, it shall be the duty of the health officer to take up and impound all animals found at large upon any highway, street, sidewalk, lane, alley or other public place, or upon any private property. The health officer may contract with any person to keep, feed and care for any such animal at reasonable rates for not more than twenty (20) days.

Attachment 13D
Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

(Ord. 534.6 § 2, 2007: Ord. 534.5 § 4, 1991)

6.04.050 Disposition of rabid or disabled animals.

If it shall appear to the health officer from the report of a licensed veterinarian or other qualified person that an animal is afflicted with rabies, he shall humanely destroy such animal, and shall take such othe r action as may be required by law and as he or she deems necessary to prevent the spread of such disease. He or she may humanely destroy any sick, disabled, infirm or crippled animal found at large if he or she is unable to identify and locate the owner.
(Ord. 534.5 § 5, 1991)

6.04.060 Disposition of impounded bovine animals, horses, mules or burros.

Upon impounding of any bovine animal, horse, mule or burro, the health officer shall comply with Food and Agriculture Code Section 17003 and immediately notify the Secretary of Food and Agriculture. (Ord. 798 § 2M, 1999: Ord. 534.5 § 6, 1991)

6.04.070 Disposition of other impounded animals.

If any animal other than a domestic bovine animal, horse, mule or burro, and exce pt an animal afflicted with rabies, impounded by the health officer, is not reclaimed within two days thereafter, it shall be sold by the health officer after giving notice of sale in accordance with Section 6.04.080. (Ord. 534.5 § 7, 1991)

6.04.080 Notice of sale.

The notice of sale shall contain a description of the animal, including any identifying marks or brands; the date and place where the animal was taken up; and the time and place of sale. At least five days prior to the sale of any impounded animal, the health officer shall cause a copy of the notice to be published in a newspaper circulated in the area where the animal was found, and shall mail a copy of the notice to the owner or person entitled to possession of the animal at his or her residence or place of business, if known. (Ord. 534.5 § 8, 1991)

6.04.090 Sale of animals.

At the time and place set forth in the notice of sale, the health officer shall sell the impounded animal at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the health officer may sell such animal at private sale or humanely destroy such animal, or otherwise dispose of it as permitted by law. (Ord. 534.5 § 9, 1991)

6.04.100 Proceeds of sale.

The proceeds of such sale, after first deducting fees and charges of the health officer, including costs of sale, shall be paid by the health officer to the county treasurer who shall pay then over to the owner of such animal sold

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

if claimed within one year thereafter. If not so claimed, they shall be transferred into the general fund of the county.
(Ord. 534.5 § 10, 1991)

6.04.110 Redemption of animals by owner.

The owner or person entitled to possession of any animal impounded, may at any time before the sale or other disposition thereof, redeem the same by paying the health officer all fees and charges thereon. (Ord. 534.5 § 11, 1991)

6.04.120 Costs of redemption.

The health officer shall charge and collect from each person redeeming an unaltered impounded animal an impounding fee of thirty-five dollars ($35.00) for the first offense, fifty dollars ($50.00) for the second offense and one hundred dollars ($100.00) for the third offense, plus the actual costs of transporting the animal to impound, the actual costs of veterinary and related services rendered to the animal while impounded, the actual costs of sale incurred, and the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal while impounded, and in addition thereto, the following fees set forth in subsections A through H of this section.

The health officer shall charge and collect from each person redeeming an altered impounded animal an impounding fee of twenty-five dollars ($25.00) for the first offense, forty dollars ($40.00) for the second offense and ninety dollars ($90.00) for the third offense, plus the actual costs of transporting the animal to impound, the actual costs of veterinary and related services rendered to the animal, the actual costs of sale incurred, and the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal while impounded, and in addition thereto, the following fees set forth in subsections A through H of this section:

A. For the maintenance of swine, goats and sheep: per animal, for each day of impoundment - twelve dollars ($12.00);
B. For the maintenance of horses and cattle: per animal, for each day of impoundment - twenty dollars ($20.00);
C. For the maintenance of ponies: per animal, for each day of impoundment - twenty dollars ($20.00); D. For the maintenance of fowl: per animal, for each day of impoundment - five dollars ($5.00); E. For the taking up of large-sized animals, such as horses, cattle, and ponies: per animal - seventy-five dollars ($75.00);
F. For the taking up of medium-sized animals, such as swine, goats, and sheep: per animal - sixty dollars ($60.00);
G. For the taking up of small-sized animals, such as rabbits and guinea pigs: per animal - five dollars ($5.00);
H. For the taking up of animals after normal business hours - ninety dollars ($90.00) per hour. This after hours fee is in addition to any other applicable fees set forth in this chapter.

The fees set forth in this section shall be in effect until the board of supervisors shall by ordinance fix some other fee upon the basis of a cost analysis as determined by the county auditor-controller. (Ord. 534.6 § 3, 2007: Ord. 534.5 § 12, 1991)

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

6.04.130 Authorization to enter upon private property.

Notwithstanding any provisions contained in this chapter relating to the entry upon private property for any purposes hereunder, no such entry may be conducted: (a) without the 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 Code of Civil Procedure Sections 1822.50 through 1822.56, inclusive; or (c) except as may otherwise be prescribed by law.
(Ord. 534.5 § 13, 1991)

6.04.140 Impoundment hearing.

At least three working days prior to the impoundment of any animal, notice shall be given in person to, or by mail to the last known address of, the owner or person entitled to possession thereof of his or her right to a hearing as to whether or not such impoundment is justified. If the owner or person entitled to possession thereof requests a hearing prior to impoundment, no impoundment shall take place until the conclusion of the hearing except as provided herein. If in the opinion of the health officer, immediate impoundment is necessary for the preservation of the public health or safety, the pre-impoundment hearing may be dispensed with; provided, however, in such cases the owner or person entitled to possession thereof shall be given three working days notice as provided herein of his or her right to a hearing. If a hearing is requested, the hearing shall be held within five days of the request, and the animal shall not be sold, destroyed or otherwise disposed of prior to the conclusion of the hearing. Notice of the time, date and place of the hearing shall be given to the owner or person entitled to possession thereof. If, at the end of the hearing, the impoundment is found to be unjustified, the animal shall be returned to the owner or person entitled to possession thereof without charge. (Ord. 798 § 20, 1999; Ord. 534.5 § 14, 1991)

6.04.150 Forfeiture and disposition.

A. Upon the conviction of a person of a violation of this chapter, all animals lawfully seized and impounded with respect to the violation by a peace officer or an animal control officer, shall be adjudged by the court wherein the conviction took place to be forfeited and shall thereupon be awarded to the impounding officer for disposition in accordance with the written policy on disposition of impounded animals adopted by the board of supervisors.

B. Any animals adjudged forfeited under the provisions of Penal Code Section 597, shall be disposed of in accordance with the written policy on disposition of impounded animals adopted by the board of supervisors.
(Ord. 534.6 § 4, 2007; Ord. 798 § 2Q, 1999; Ord. 534.5 § 15, 1991) Chapter 6.05 CROWING ROOSTERS
Sections:

6.05.010 Crowing roosters.

Any person owning, keeping or maintaining seven or more crowing roosters, two months of age or older including but not limited to a rooster or male chicken, shall house such roosters in an acoustical structure between sunset and sunrise, so as to reduce the noise emitted by such roosters during nighttime hours. The noise reduction

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

shall be accomplished in such a manner that the noise escaping from the acoustical structure shall not interfere with a reasonable person's use and enjoyment of his or her real property. All such roosters shall be furnished an adequate supply of water and feed.
(Ord. 817 (part), 2002)

6.05.020 Crowing rooster permit.

All roosters shall be kept and/or maintained only upon lands and in the numbers authorized under county ordinance No. 348. Any person keeping or maintaining on property owned or controlled by said person seven or more crowing roosters, two months of age or older, provided the presence of such roosters is in compliance with the provisions of county ordinance No. 348, shall first obtain a permit and pay the fee prescribed below. The permit requirements shall not apply to 4-H or FFA sponsored projects.

The permit shall be for the terms and paid to the department of animal control in the amounts specified below:

Roosters Fees
1-6 Roosters no charge
7-10 Roosters (annual) $ 500
11 or more Roosters (annual) 1,500
(Ord. 817 (part), 2002)

6.05.030 Violation—Penalty.

Any person violating any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punished by: (1) a fine not exceeding fifty dollars ($50.00) for the first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation within one year; (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation within one year. Each day a violation is committed or permitted to continue shall constitute a separate offense.

Notwithstanding the foregoing, a first or any subsequent violation of the ordinance codified in this chapter may be charged and prosecuted as a misdemeanor.
(Ord. 817 (part), 2002)

6.05.040 Remedies and penalties in Ordinance 630.

The additional remedies, penalties and procedures for violation of this Ordinance and for recovery of costs related to enforcement provided for in Ordinance 630 are incorporated by this reference. (Ord. 817.1, § 1, 7-14-2009)
Chapter 6.06 MANDATORY ALTERING AND LICENSING OF MINIATURE PIGS Sections:

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

6.06.010 Mandatory altering and licensing of miniature pigs.

A. It is unlawful for any person to own, harbor, keep or maintain any miniature pig (also known as a pot bellied pig. Vietnamese pot bellied pig or Chinese pot bellied pig), that is four months of age or older, within the unincorporated area of the county of Riverside, for a period longer than thirty (30) days, unless the animal has been spayed or neutered and the person owning or possessing the animal has obtained from the department of animal control a license for the animal, and paid a fee in the amount specified below. In those instances where the animal may not be safely altered for a valid health reason, the owner of the animal shall obtain from a licensed veterinarian a letter so stating, and the requirement of alteration (but not licensing) shall be excused.

B. Licenses shall be issued upon payment to the department of animal control of the following fees:
1—4 (Pot Bellied Pigs) An individual license of $8.00 per year for each pig 5—10 (Pot Bellied Pigs)
1 year license $180.00
2 year license 200.00
Late fee: 50% of the applicable fee(s).
(Ord. 818 (part), 2002)

6.06.020 Violation—Penalty.

Any person violating any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punished by: (1) a fine not exceeding fifty dollars ($50.00) for the first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation within one year; (3) a fine not exceeding two hundred and fifty dollars ($250.00) for each additional violation within one year. Each day a violation is committed or permitted to continue shall constitute a separate offense.

Notwithstanding the foregoing, a first and any subsequent violation of the ordinance codifie d in this chapter may be charged and prosecuted as a misdemeanor.
(Ord. 818 (part), 2002)

6.06.030 Remedies and penalties in Ordinance No. 630.

The additional remedies, penalties and procedures for violation of this chapter and for recovery of costs related to enforcement provided for in Ordinance No. 630 are incorporated by this reference. (Ord. 818.1, § 1, 7-14-2009)
Chapter 6.08 DOGS, CATS AND OTHER ANIMALS1
1Editor's note(s)—Ord. No. 630.16, §§ 1—24, 27, adopted January 5, 2016, amended chapter 6.08 in its entirety to read as herein set out. Former chapter 6.08, §§ 6.08.010—6.08.260, pertained to dogs and cats. See Ordinance List and Disposition Table for complete derivation.

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

6.08.010 Definitions.

Whenever, in this chapter or in any resolution or standard adopted by the board of supervisors pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent for the context thereof that some other meaning is intended.

A. "Altered." A male animal that has been neutered or a female animal that has been spayed. Also referred to as a sterile animal.

B. "Animal rescuer." Any individual possessing a rescue permit from the department of animal services, who routinely obtains a dog or cat from the rightful owner of said animal, or any animal from an animal shelter that has been retained in accordance with this chapter.

C. "Animal rescue operation." Any building, structure, enclosure or premises run by an animal rescuer, whether or not a valid nonprofit corporation formed pursuant to the provisions of the California Corporations Code for the prevention of cruelty to animals, which meets all requirements and standards referred to in Section 6.08.060 of this chapter.

D. "Animal services director." The Director of the Department of Animal Services of the County of Riverside or his duly authorized representative.

E. "At large." 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 a 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.

Any dog which is on the premises of its owner, custodian or caretaker which is not being maintained by physical restraint, fence, kennel, voice command, or in such a way that the animal may not leave the property of the owner; or that persons without permission, may not wander into the confined area of the dog without intentional trespass.

A dog engaged in hunting actives, including training, is not required to be on a leash when it is being controlled by the hunter/guardian within the areas designated for the use of firearms by Ordinance No. 514. The hunting dog must be rabies vaccinated and licensed in the jurisdiction of origin.

The hunter/guardian must be in compliance with all local ordinances, and state laws and regulations relating to hunting and the keeping of animals when the hunting dog(s) is in engaging in training or hunting activities. The actively hunting dog is not considered a dog running at large. Hunting dogs must be on a leash when not participating in hunting or training actives.

F. "Cattery." Any building, structure, enclosure or premises whereupon, or within which, ten (10) or more cats, four months of age or older, are kept or maintained.

G. "Class I kennel." Any building, structure, enclosure, or premises whereupon, or within which, five to ten (10) dogs, four months of age or older, are kept or maintained. A class I kennel shall not include a sentry dog kennel or an animal rescue operation that meets the definition and requirements set forth in this chapter.

H. "Class II kennel." Any building, structure, enclosure, or premises whereupon, or within which, eleven (11) to twenty-five (25) dogs, four months of age or older, are kept or maintained.

I. "Class III kennel." Any building, structure, enclosure, or premises whereupon, or within which, twenty - six (26) to forty (40) dogs, four months of age or older, are kept or maintained.

J. "Class IV kennel." Any building, structure, enclosure, or premises whereupon, or within which, forty - one (41) or more dogs, four months of age or older, are kept or maintained.

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

K. "Community." Any public entity which is authorized by law to regulate and control dogs or cats or both.

L. "County animal control ordinances." This term shall include Riverside County Ordinance Nos. 534, 560, 630, 716, 771, 817, 818, 878 and 921.

M. "Custodian." Any person who intentionally provides care or sustenance for any animal, including but not limited to a dog or cat, on behalf of another, or represents the interests of the owner.

N. "Department." The Riverside County Department of Animal Services.

O. "Director." The Director of the County of Riverside or his/her duly authorized representative.

P. "Exigent circumstances." Circumstances in which the officer, in his/her reasonable judgment, determines that a life threatening or serious injury may occur if immediate action is not taken, i.e., animal may die if not immediately transported to a veterinarian, or animal may bite and seriously injure a human or animal if not immediately impounded, or animal may die if officer does not immediately enter property and rescue, etc.

Q. "Exotic animal." Exotic animal is defined as any animal which is not normally domesticated in the United States including, but not limited to any lion, tiger, bear, non-human primate (monkey, chimpanzee, etc.), wolf, coyote, cougar, bobcat, ocelot, wildcat, skunk, boa, python, reptile, amphibian, bird, or venomous snake, irrespective of its actual or asserted state of docility, tameness or domesticity.

R. "Guide dog." Any dog trained or being reared, trained or used for the purpose of guiding a blind person.

S. "Hybrid animal." Any animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the State of California.

T. "Impounded." Having been received into custody of any animal control center, animal control officer, animal control vehicle, or peace officer duly authorized by the County of Riverside to receive such animal.

U. "Incapable of breeding." Any dog or cat which has been examined by a California licensed veterinarian and determined to not be capable of reproducing. A certificate of sterility, signed by the veterinarian must be provided upon demand.

V. "Owner." Any person who intentionally provides care or sustenance for any animal, including but not limited to a dog or cat, for any period exceeding a total of thirty (30) days.

W. "Person." Any individual, firm, business, partnership, joint venture, corporation, limited liability company, profit or non-profit association, club or organization.

X. "Public entity." Any state, or any political subdivision, municipal corporation; profit or non-profit or agency thereof.

Y. "Sentry dog." Any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. The term "guard dog" shall also mean "sentry dog".

Z. "Sentry dog kennel." Any building structure, enclosure, or premises whereupon, or within which, five or more guard or sentry dogs are kept or maintained.

AA. "Service dog." Any dog being reared, trained or used for the purpose of fulfilling the particular requirements of a physically disabled person, including but not limited to minimal protection work, rescue work, pulling a wheelchair or fetching dropped items.

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

BB. "Signal dog." 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.

CC. "Unaltered and unspayed." A dog or cat, four months of age or older, that has not been spayed or neutered. A condition, that exists, in an animal which permits the producing of offspring.

DD. "Unlicensed dog." Any dog, for which, no valid license is currently in force.

EE. "Vaccination." An inoculation against rabies of any dog or cat, three (3) months of age or older, with any vaccine prescribed for such purpose by the California Department of Health Services.

FF. "Veterinarian." A person holding a current valid license to practice veterinary medicine issued by the State of California pursuant to Chapter 11 of the California Business and Professions Code.

GG. "Vicious dog/vicious cat." Any dog or cat which has bitten a person or animal without provocation or direction or which has a disposition or propensity to attack or bite any person or animal without provocation or direction.

HH. "Wildlife." Any creature, whether or not raised in captivity, normally found in a wild state. (Ord. No. 630.16, § 1, 1-5-2016; Ord. No. 630.18 , §§ 2, 3, 1-7-2020)

6.08.020 Mandatory dog licensing and vaccination.

A. Except as provided in Section 6.08.050, Subsection A. of this chapter, it is unlawful for any person to own harbor or keep any dog, four months of age or older, within the unincorporated area of the county, for a period longer than thirty (30) days, unless a currently valid license tag has been issued by the director or any agency authorized by the County of Riverside for such purpose and said tag is displayed upon the dog's collar pursuant to Section 30951(b) of the California Food and Agriculture Code.

B. It is unlawful for any person to own, harbor or keep any dog, three months of age or older, within the unincorporated area of the County of Riverside, for a period longer than thirty (30) days, which has not been vaccinated against rabies. Every person in the unincorporated area of the county who owns, harbors or keeps any dog over three months of age for a period longer than thirty (30) days shall have such dog vaccinated against rabies as provided herein, by a veterinarian of their choice, and such vaccination shall be renewed in accordance with the applicable laws and regulations of the State of California.

C. Each veterinarian, after vaccinating any dog, shall sign a certificate of vaccination on the form required by the director. The veterinarian shall keep one copy, shall give one copy to the owner of the vaccinated dog and shall send one copy to department. The veterinarian shall contact the director and arrange a mutually agreed upon method of delivery of the certificates of vaccination by mail, electronic transmission, or personal delivery. The failure to remit the mandatory certificate of vaccination to the department may result in an administrative citation pursuant to Section 6.08.220 of this chapter.

D. The director shall issue a license only upon presentation of a certificate of vaccination indicating therein that the date of the expiration of the vaccination immunity is not earlier than the date of expiration of the license being issued or renewed, and upon payment of the applicable license fee as set forth in se ction 6.08.240 of this chapter; provided, however, that where the vaccinated dog is between the ages of three months and twelve (12) months, the period of vaccination immunity required for licensing shall be specified in Title 17, California Administrative Code, Section 2606.4.

E. Notwithstanding the provisions of section 6.08.020, subsections B. and D. of this chapter, in the event a dog has a short-term illness, is pregnant, or suffers from a long-term debilitating illness which in the opinion of a veterinarian contraindicates vaccination for rabies, such dog shall not be required to undergo vaccination during the period of such illness or pregnancy where a request for vaccination deferral has been approved by

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

the Director. Such request shall specify the duration of the requested deferral, the reason for the requested deferral, and shall be signed by a veterinarian. The rabies exemption application shall be reviewed upon payment of a non-refundable application fee as set forth in section 6.08.240 of this chapter. The director shall issue a license for such dog upon approval of the request for vaccination deferral and payment for the applicable license fee as adopted by the board of supervisors. The owner or person having custody of such dog shall confine and shall keep such dog confined, for the duration of the deferral. Within fourteen (14) days after the expiration of the deferral, the owner or person having custody of such dog shall present to the director a certificate of vaccination in accordance with the provisions of section 6.08.020, subsection D. of this chapter.

F. Subject to the provisions of section 6.08.020 of this chapter, one, two, or three year licenses shall be issued upon payment of the license fees as set forth in section 6.08.240 of this chapter, including any applicable online and credit card processing fees. The fee for dangerous/vicious animal registration, as required by Ordinance No. 771, shall be in the amount set forth in section 6.08.240 of this chapter and shall be addition to any license fee.

G. Any "assistance dog" such as a guide dog, signal dog or service dog as defined in California Food and Agriculture Code, Section 30850(a), if such dog is in the possession and under the control of, in the case of a guide dog, a blind person, or in the case of a signal dog, a deaf or hearing impaired person, or in the case of a service dog, a physically disabled person, or where such dog is in the possession and under the control of a bona fide organization having as its primary purpose the furnishing and training of guide dogs for the blind, signal dogs for the deaf or hearing-impaired, or service dogs for the physically disabled, is required to obtain an assistance dog identification tag and a current license. The current license tag and assistance dog tag must be affixed to the dog's collar. The assistance dog identification tag will only be provided when the owner provides proof of a current license, submits the application for the tag and provides a signed affidavit that meets the requirements of California Food and Agriculture Code, Section 30850(b). The assistance dog identification tag will be provided at no fee.

H. No fee shall be required for a license for any dog owned by a public entity.

I. Each license specified in Section 6.08.020 of this chapter shall be valid for the period specified in Section

6.08.020 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 director 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.

J. If an application for a license is made more than thirty (30) days after the date a dog license is required under this chapter, the applicant shall pay a late fee in the amount set forth in section 6.08.240 of this chapter. The late fee shall be in addition to the applicable license fee.

K. Whenever a dog validly licensed under this chapter shall have died more than three months before the expiration date of the license, the owner of such dog may return the license tag to the director, accompanied by a statement signed be a veterinarian or a declaration signed under penalty of perjury by the owner, indicating that such dog is dead and specifying the date of death. In such event, the license shall be canceled and a pro-rata credit of the license fee by full calendar quarters of the original license period remaining after the death of the dog may be applied during said remaining period to the license fee for another dog acquired by the same owner.

L. Upon transfer of ownership of any dog validly licensed under this chapter, the new owner shall notify the director of such transfer within thirty (30) days of such transfer, on a form prescribed by the director, accompanied by a transfer fee in the amount set forth in section 6.08.240 of this chapter. This subsection

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

shall also apply upon transfer of ownership of any dog that was captured under section 6.08.100 of this chapter.

M. Notwithstanding the provisions of section 6.08.020, subsection (a) of this chapter, when a person moves into the unincorporated area of the county from another community who owns a dog which is currently vaccinated against rabies and for which dog a license was issued by such other community, such license from another community shall be deemed valid for a period of one year from the date such person moves into the unincorporated area of the county or on the date of expiration of the license issued by such other community, whichever is earlier. If an application for a license from the director is made more than thirty (30) days after such license is required, the applicant shall pay a new resident dog license late fee in the amount set forth in section 6.08.240 of this chapter, in addition to the applicable license fee.

N. If a valid license tag is lost or destroyed, a duplicate thereof may be procured from the director upon submission to the director of a statement signed by the owner of the dog containing the date and circumstances of such loss or destruction and the payment of a replacement tag fee in the amount set forth in section 6.08.240 of this chapter.

O. Upon request of the director, any owner of a dog for which a license is required under the provisions of this chapter shall present to the director a currently valid certificate of rabies vaccination or license tag.

P. It shall be unlawful for any person to make use of a stolen, counterfeit or unauthorized license, tag, certificate or any other document or thing for the purpose of evading the provisions of this chapter. (Ord. No. 630.16, § 2, 1-5-2016; Ord. No. 630.17, §§ 2, 3, 2-27-2018; Ord. No. 630.18 , §§ 4—6, 1-7-2020; Ord. No. 630.19 , §§ 1—3, 7-20-2021)

6.08.030 Control of unspayed and unaltered cats.

A. It shall be unlawful for any person who owns, harbors, or keeps any unspayed or unaltered cat four months of age or older within the unincorporated area of Riverside County to allow or permit such unspayed or unaltered cat to be or remain outdoors in such unincorporated areas.

B. The director of animal services will take steps to mitigate the impact of feral cat populations in compliance with law which may include spay and neuter services.
(Ord. No. 630.16, § 3, 1-5-2016; Ord. No. 630.17, § 4, 2-27-2018)

6.08.040 Optional licensing for cats.

An owner of a cat may be issued a license and tag for such cat upon presentation to the dire ctor of a certificate of vaccination signed by a veterinarian certifying that such a cat has been vaccinated, and upon the payment of an optional cat license fee in the amount set forth in section 6.08.240 of this chapter. Said license shall be valid for the period of immunity indicated in the certificate of vaccination. (Ord. No. 630.16, § 4, 1-5-2016; Ord. No. 630.19 , § 4, 7-20-2021)

6.08.050 Mandatory licensing of kennels and catteries.

A. Any person maintaining five or more dogs, four months of age or older, shall obtain the appropriate kennel license. Any person maintaining ten (10) or more cats, four months of age or older, shall obtain a cattery license.

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

B. No person shall operate or maintain a class I kennel, class II kennel, class III kennel, class IV kennel, sentry dog kennel or cattery, as defined in section 6.08.010 of this chapter, without first obtaining verification from the Riverside County Planning Department that the operation of the kennel or cattery is in compliance with applicable provisions of Riverside County Ordinance No. 348 and obtaining the appropriate license from the department.

C. Application for a kennel or cattery license shall be filed with the director on a form prescribed by him/her not later than ten (10) days after obtaining written verification from the Riverside County Planning Department that the operation of the kennel or cattery is in compliance with applicable provisions of Riverside County Ordinance No. 348. Said application form, when completed, shall contain such information as may reasonably be required by the director for the purposes of enforcement of this chapter, including but not limited to:

1. The verification issued by the Riverside County Planning Department that the operation of the kennel or cattery is in compliance with Riverside County Ordinance No. 348;

2. The current home telephone number of the caretaker of the subject kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent for the subject kennel or cattery;

3. Where a kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel or c attery may be maintained and operated on such premises shall be submitted to the director at the time the application for the kennel or cattery license is submitted.

D. Such a license shall be valid for a period of either one or two years from the date of issuance. Said license shall be renewed within thirty (30) days after the date of expiration. Where a kennel license has been issued and is in effect, the dogs contained in such kennel shall be exempt from the requirements of individual license tags as provided in section 6.08.020 of this chapter. Class I kennel, class II kennel, class III kennel, class IV kennel, sentry dog kennel, and cattery license fees shall be in the amount set forth in section 6.08.240 of this chapter as set forth below, including any applicable late fees. If an application for a license or renewal of a license is made more than thirty (30) days after such license is required or such previous license has expired a late fee of fifty (50) percent of the applicable fee shall be added.

KENNEL LICENSE
Class I (5—10 dogs)
1 year license, Unaltered $250.00
2 year license, Unaltered $450.00
1 year license, Altered $150.00
2 year license, Altered $250.00
COMMENTS:

1. Altered: All dogs are spayed and/or neutered.

2. Unaltered: One or more dogs are not spayed and/or neutered.

Late fee: Fifty (50) percent of the applicable fee(s).

Class II (11—25 dogs)
1 year license, Unaltered $350.00
2 year license, Unaltered $600.00
1 year license, Altered $250.00

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

2 year license, Altered $400.00
COMMENTS:

1. Altered: All dogs are spayed and/or neutered.

2. Unaltered: One or more dogs are not spayed and/or neutered.

Late fee: Fifty (50) percent of the applicable fee(s).

Class III (26—40 dogs)
1 year license, Unaltered $450.00
2 year license, Unaltered $750.00
1 year license, Altered $350.00
2 year license, Altered $550.00
COMMENTS:

1. Altered: All dogs are spayed and/or neutered.

2. Unaltered: One or more dogs are not spayed and/or neutered.

Late fee: Fifty (50) percent of the applicable fee(s).

Class IV (41+ dogs)
1 year license, Unaltered $550.00
2 year license, Unaltered $900.00
1 year license, Altered $450.00
2 year license, Altered $700.00
COMMENTS:

1. Altered: All dogs are spayed and/or neutered.

2. Unaltered: One or more dogs are not spayed and/or neutered.

Late fee: Fifty (50) percent of the applicable fee(s).

Sentry Dog Kennel
1 year license, Unaltered $500.00
2 year license, Unaltered $800.00
1 year license, Altered $400.00
2 year license, Altered $600.00
COMMENTS:

1. Altered: All dogs are spayed and/or neutered.

2. Unaltered: One or more dogs are not spayed and/or neutered.

Late fee: Fifty (50) percent of the applicable fee(s).

Cattery License
1 year license, Unaltered $250.00

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

2 year license, Unaltered $400.00
1 year license, Altered $200.00
2 year license, Altered $300.00
COMMENTS:

1. Altered: All cats are spayed and/or neutered.

2. Unaltered: One or more cats are not spayed and/or neutered.

Late fee: Fifty (50) percent of the applicable fee(s).

E. After receipt of a kennel or cattery license application, the director, or his designe e, shall make an inspection of the premises of the kennel or cattery for which a license is requested. No kennel or cattery license shall be issued nor shall any such license be renewed, unless and until the kennel or cattery, in the opinion of the director, satisfies the applicable laws and regulations of the State of California, the applicable ordinances of the County of Riverside and the applicable conditions set forth in the standards for kennels and catteries adopted by resolution of the board of supervisors. Notwithstanding any other provision of this ordinance, the director or the Riverside County Planning Director may, in their respective discretion, limit the number of dogs or cats over the age of four months which are kept or maintained in any kennel or cattery, and such limitation may be imposed at such time as an application for an initial kennel or cattery license is considered or at such time as an application for renewal of a kennel or cattery license is considered.

F. Notwithstanding any other provision of this chapter, the director, or his designee, is hereby authorized to enter upon and inspect the premises of any kennel or cattery located in the County of Riverside for the purpose of determining whether such kennel or cattery is in compliance with the provisions of this chapter and the standards for kennels and catteries referred to in Section 6.08.050, Subsection (e) of this chapter. As a condition of the issuance of a kennel or cattery license, each owner and operator of a kennel or catter y shall agree to allow such entry and inspection and such agreement shall be made a part of the license application. Such inspections shall be made during reasonable hours at times when the owner or operator of the kennel or cattery is present on the kennel or cattery premises, and with such frequency as the director shall deem appropriate, and such inspections may, at the discretion of the director, be made without prior notice to the owner or operator of the subject kennel or cattery. Willful refusal on the part of a kennel or cattery owner or operator to allow such inspection shall be grounds for summary denial of an application for a kennel or cattery license or for summary suspension or revocation of a kennel or cattery license. (Ord. No. 630.16, § 5, 1-5-2016; Ord. No. 630.17, § 1, 2-27-2018; Ord. No. 630.19 , §§ 5, 6, 7-20-2021)

6.08.060 Animal rescuer.

A. Any person engaged in the rescue of animals, shall first obtain a rescue permit from the department and shall meet all requirements and standards for a kennel/cattery license.

1. For an animal rescuer that is not a valid nonprofit corporation formed pursuant to the provisions of the California Corporations Code commencing with Section 10400 for the prevention of cruelty to animals, the animal rescuer may keep two dogs with a rescue permit and no minimum land requirement so long as all other requirements and standards for a kennel license, referred to in Section 6.08.050, Subsection C. of this chapter, are met.

2. For an animal rescuer that is a valid nonprofit formed pursuant to the provisions of the California Corporations Code commencing with Section 10400 for the prevention of cruelty to animals, the animal rescuer may maintain up to ten (10) dogs with a rescue permit and no minimum land

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

requirement so long as all other requirements and standards for a kennel license are met. Such animal rescuer shall not need to obtain a class I kennel permit.

3. For an animal rescuer maintaining eleven (11) or more dogs a class II kennel license is required, and the minimum land requirement shall be one acre.

4. For an animal rescuer maintaining ten (10) or more cats a cattery license is required, and the minimum land requirement shall be one acre.

B. The fee for any rescue permit required under this section shall be in the amount set forth in section 6.08.240 of this chapter and shall be valid for a period of either one or two years from the date of issuance depending upon the permit fee paid. If an application for a rescue permit is made more than thirty (30) days after such rescue permit is required or such rescue permit has expired a late fee of fifty (50) percent of the applicable fee shall be added.

C. Animal rescuer may keep a maximum of four personal (not for adoption or sale) dogs and nine personal (not for adoption or sale) cats and must include these animals as "personal pets" on the animal rescue permit application. These animals are included in the overall count that will change the category to class II kennel permit for eleven (11) dogs or more and a cattery license for ten (10) or more cats.

D. Personal dogs (not for sale or adoption) shall be individually licensed in accordance with this chapter.

E. A permitted animal rescuer obtaining animals from a shelter facility pursuant to section 6.08.110, subsection (g) of this chapter, shall not be subject to the payment of impound fees and charges specified in section

6.08.110 but may be subject to the spay or neuter deposit specified in section 6.08.120, subsection A. of this chapter.

F. All rescued dogs and rescued cats older than four months must be spayed/neutered prior to releasing to an adopting party. In any event, the animal must be altered within thirty (30) days of receipt by the rescuer.

G. Accurate and complete records of all animals shall be maintained by the animal rescuer on forms which will be made available to department for inspection upon request.

H. An animal rescuer may recoup, from the adopting party, the cost of any inoculations, the cost incurred by having the animal altered prior to adoption, and any costs related to the treatment of illness or injury.

I. Administration of the animal rescue program shall be the responsibility of the animal services director who shall have authority to issue and revoke animal rescue permits. (Ord. No. 630.16, § 6, 1-5-2016; Ord. No. 630.19 , §§ 7, 8, 7-20-2021)

6.08.070 Denial, suspension, revocation and appeal of kennel or cattery license.

A. The director may, in his/her discretion, deny any application for a kennel or cattery license whether such application is for an original license or renewal of a license, and may suspend or revoke any kennel or cattery license if he finds that a kennel or cattery fails to meet any or all of the standards for kennels and catteries referred to in Section 6.08.050, Subsection (c) of this chapter or is in violation of any law of the State of California or any provision of this chapter, any provision of any other county ordinance or provision of a conditional use permit.

B. When such denial, suspension or revocation occurs, the director shall prepare a written notice of such denial, suspension or revocation which shall contain a brief statement of the reason or reasons for such deni al, suspension or revocation. The director shall serve such notice upon the applicant or licensee by hand delivery or by registered or certified mail, postage prepaid, return receipt requested. Denial, suspension or revocation shall be effective thirty (30) days after service of such notice. Where an application for a kennel or cattery license is denied or where a kennel or cattery license issued pursuant to this chapter is revoked, no

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

application for a new license for such kennel or cattery shall be considered for a period of one year from the effective date of such denial or revocation; provided, however that for good cause shown the board of supervisors may direct there be a lesser period of time before such application will be considered.

C. Any person whose application has been denied or whose license has not been renewed, or whose license has been suspended or revoked, may appeal such denial, non-renewal, suspension or revocation by filing with the clerk of the board of supervisors within fifteen (15) days after notice of such denial, suspension or revocation, a written notice of appeal briefly setting forth the reasons why the appellant alleges such denial, non-renewal, suspension or revocation is improper. Within five days of the receipt by the said c lerk of such notice of appeal, the clerk shall set a hearing date for the appeal and shall give written notice of the date, time and place of such hearing to the appellant, and such notice shall be sent by registered or certified mail, postage prepaid, return receipt requested. The date of hearing shall be not less than twenty (20) business days from the date of the mailing of the notice of the date, time and place of the hearing, and the hearing shall be conducted not later than forty-five (45) business days from the date of the mailing of the notice of denial, non-renewal, suspension or revocation; provided, however, that at the request of the appellant, the clerk of the board may extend the hearing date for a reasonable period beyond the aforementioned fo rtyfive (45) business day limit. The appeal shall be heard by the board which may affirm, modify or reverse the denial, non-renewal, suspension or revocation. In conducting the hearing, the board of supervisors shall not be limited to technical rules relating to evidence and witnesses, as applicable in courts of law. To be admissible, evidence shall be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs.

During the pendency of the appeal, there shall be in effect an automatic stay of the denial, nonrenewal, suspension or revocation; provided, however, that during said period of pendency the director may take such action as he/she deems appropriate including but not limited to the abatement of public nuisances, inspection of the kennel or cattery premises, or the prosecution of any violation of the chapter or any other provision of law not related to the failure of the subject kennel or cater to be currently and otherwise validly licensed.
(Ord. No. 630.16, § 7, 1-5-2016)

6.08.080 Duties and powers of officers.

1. It shall be the duty of all peace officers within the County of Riverside, to cooperate with and assist the animal services director in the enforcement of the provisions of this chapter, and in the enforcement of California State law relating to the regulation, care and/or keeping of animals, and such peace officers and the animal services director/designee shall be empowered to:
a. Receive, take up and impound any dog or other animal found running at large in violation of this chapter, any other ordinance or of any law of the State of California. b. Issue a warning notice for, citation for, or investigate any violation of any provision of any county ordinance or California law regarding the care or keeping of animals. c. Investigate whether a dog is licensed in compliance with the requirements of this chapter. d. Seize and impound any animal as authorized by this chapter or any other ordinance or state law. When the animal to be taken or seized is located inside a private residence or in its curtilage, a judicial order directing seizure of the animal shall, absent exigent circumstances, be obtained prior to seizure. e. Regularly and adequately feed, water and otherwise care for any animals impounded under the provisions of this chapter, other ordinance or state law or to provide for such feeding and/or watering and care.

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

f. Follow the provisions of the Riverside County Ordinance No. 716 in humanely destroying or giving emergency care to sick or injured animals.

2. Any peace officer, riverside animal services department officer, and animal services director, charged with the responsibility for enforcement of the provisions of this chapter, or any other ordinance, or state law governing animals may arrest a person without warrant whenever he/she has reasonable cause to believe that the person to be arrested has committed an infraction or misdemeanor in his/her presence, or a felony which is in violation of this chapter or other ordinance governing animals or California law regulating the care and/or keeping of animals.

3. In any case in which a person arrested, does not demand to be taken before a magistrate: 1) regarding any infraction, such officer or employee making the arrest shall prepare a written notice to appear and shall release the person on his/her promise to appear, as prescribed by Section 853.5 of the California Penal Code; 2) Regarding a misdemeanor, such officer or employee may prepare a written notice to appear and may release the person on his/her written promise to appear, as prescribed by California Penal Code Section 853.6.
(Ord. No. 630.16, § 8, 1-5-2016)

6.08.090 Entry upon private property.

Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions of this chapter are hereby empowered to enter upon private property, where any dog, cat or animal is kept or reasonably believed to be kept, for the purpose of ascertaining whether such animal is being kept in violation of any provision of this chapter, other ordinance governing animals, or California State law relating to the regulation, care and/or keeping of animals.

Notwithstanding any provision in this chapter relating to entry upon private property for any purpose under this chapter, 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 (c) except as may otherwise be expressly or impliedly permitted by law. (Ord. No. 630.16, § 9, 1-5-2016)

6.08.100 Capture of dogs running at large.

In the interest of public health and safety, it shall be lawful for any person to take up, in a humane manner, any dog running at large in violation of this chapter and to promptly deliver such dog to the animal services director.

Notwithstanding any provision in this chapter, dogs that are actively engaged in hunting and training activities under the control of its hunter/guardian in the areas designated for the use of a firearm by Ordinance No. 514 are not required to be on a leash and are not to be considered dogs running at large. The hunting dog must be rabies vaccinated and licensed in the jurisdiction of origin. The hunter/guardian must be in compliance with all local ordinances, and state laws and regulations relating to hunting and the keeping of animals when the hunting dog(s) is in engaging in training or hunting activities. Hunting dogs must be on a leash when not participating in hunting or training actives.
(Ord. No. 630.16, § 10, 1-5-2016)

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

6.08.110 Impounded animals and service fees.

A. An impounded animal may be redeemed only upon payment of the impound fees described section 6.08.240 of this chapter, plus the actual costs of transporting the animal to impound, the actual costs of veterinary and related services rendered to the animal while impounded, the actual costs of sale incurred, the actual costs of any extraordinary measures required in the handling and maintenance of the animal while impounded, and any applicable processing fees set forth in section 6.08.240 of this chapter including if there is a related administrative citation or approved payment plan. The amount of the impound fees shall be dependent upon whether or not the impound is the first, second, or third offense for the animal. For any impounded unaltered animal, a state mandated unaltered fine fee shall also be paid in the amounts described in section 6.08.240 of this chapter.

B. The fee for destruction and disposal of any dog, cat or other small animal in accordance with any provision of this chapter shall be in the amount set forth in section 6.08.240 of this chapter.

C. The fee for destruction and disposal of any horse, donkey, burro or other large animal in accor dance with any provision of this chapter shall be in the amount set forth in section 6.08.240 of this chapter.

D. Any dog, four 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 chapter.

E. An officer acting under the provisions of this chapter who impounds a dog or cat pursuant to section

6.08.080, subsection 1.a. or 1.d. of this chapter, shall give written notice of the impound by first class mail, postage prepaid, to the identified address on the animal or last known owner address provided in county records, if the dog or cat is: 1) wearing a dog or cat license tag, 2) wearing any other identification tag containing an address, or 3) is microchipped. If such dog or cat is not redeemed within ten (10) calendar days from the date of the mailing of such notice, the officer having custody of the dog or cat shall dispose of it in accordance with the provisions of section 6.08.110, subsection H. of this chapte r, or shall humanely destroy such dog or cat.

F. Upon impounding a stray dog pursuant to subsections 1.a. or d. of section 6.08.080 of this chapter or impounding a stray cat, the holding period for such stray dog or cat shall be in accordance with state law, as in Food and Agricultural Code sections 31752 and 31108 or other such applicable state law, as amended from time to time.

G. The officer having custody of any impounded dog, cat or other animal may, by humane methods, summarily destroy such dog, cat or other animal if: 1) the animal is suffering from any incurable, dangerous or contagious disease, providing a veterinarian shall certify, in writing, that such animal is so suffering; or, in the officers best judgment it would be inhumane and cause needless suffering to prolong the life of the animal in order to see a veterinarian or, 2) it is an unlicensed vicious dog, cat or other animal.

H. Any officer having in his custody any unredeemed, impounded dog or cat may release such dog or cat to any adult individual upon payment by that individual of the impound fees and charges specified in subsection A. of this section and in the amount set forth in Section 6.08.240 of this chapter, or to a nonprofit corporation formed under the provisions of California Corporations Code commencing with Section 10400 for the prevention of cruelty to animals or to a nonprofit organization formed under the laws of the State of California for the prevention of cruelty to animals, for such placement as such nonprofit corporation or nonprofit organization may choose. Releases of dogs or cats to such nonprofit corporations or nonprofit organizations pursuant to subsection H. of this section shall not be subject to the payment of impound fees and charges specified in subsection A. of this section.

I. It shall be unlawful for any person to remove an impounded animal from an animal control shelter or animal control transport vehicle without the permission of the officer in charge thereof.

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

J. Animal control officers choosing to return an impounded animal to the owner while in the field may collect a field return impound fee in the amount set forth in section 6.08.240 of this chapter.

K. Animal control officers picking up owned animals at the request of the owner shall collect an owner turn-in fee from the owner in the amount set forth in section 6.08.240 of this chapter.

L. Animal control officers investigating and authorizing a home quarantine shall collect a fee from the owner or custodian of the animal in the amount set forth in section 6.08.240 of this chapter.

M. Animal control officers providing assistance with trap service shall collect a trap rental service fee in the amount set forth in section 6.08.240 of this chapter. Any person that rents a trap that is lost or destroye d shall also be responsible for payment for the lost or destroyed trap in the amount set forth in section

6.08.240 of this chapter.

N. Owners of animals impounded for quarantine at a county facility shall be charged a daily quarantine fee in the amount set forth in section 6.08.240 of this chapter which shall be in addition to the regular daily boarding fee.

O. The hourly rate for the recovery of administrative costs associated with the recoupment of enforcement costs provided in this chapter shall be in the amount set forth in section 6.08.240 of this chapter.

P. The fee for a microchip identification device shall be in the amount set forth in section 6.08.240 of this chapter and shall be dependent upon whether the microchip was implanted at the time of adoption or at any other time.

Q. The fee for after-hours personnel assistance shall be in the amount set forth in section 6.08.240 of this chapter, per hour. The after-hours charge shall commence after the close of normal business hours and shall be in addition to any other applicable fees set forth in this chapter.

R. The adoption fee(s) for adopting any unredeemed, impounded dog or cat will be based on tiered system that includes vaccinations, microchipping, deworming, spay or neutering and adoption charges. The tiered system for adoption fees for dogs shall be based on the number of days that the dog has been in the shelter in the amount set forth in section 6.08.240 of this chapter. The tiered system for adoption fees for cats shall be based on the age of the cat in the amount set forth in section 6.08.240 of this chapter. Senior citizens and disabled people will be charged at fifty (50) percent of the applicable adoption fee charges. To reduce and/or eliminate the euthanasia of adoptable dogs and cats, the director or his designee shall have the discretion to decrease or entirely waive the adoption fees for last chance adoptions, which are adoptions of urgent animals scheduled for euthanasia. The director or his designee shall have the discretion to de crease the adoption fees of animals adopted at special events in order to promote the adoption of impounded animals.

The director or his designee shall also have the discretion to waive fifty (50) percent of the applicable tiered fee if the animal is adopted by the foster care provider currently providing care for the animal or for an employee of the County of Riverside.

S. There shall be an owner turn-in fee for animals turned in by owners at shelters in the amount set forth in section 6.08.240 of this chapter.

T. Owners or custodians of animals impounded and sheltered at a county animal shelter shall be charged a daily boarding fee in the amount set forth in section 6.08.240 of this chapter.

U. The director shall charge and collect from each owner or custodian the veterinarian and staff rates for the treatment of animals, as set forth in section 6.08.240 of this chapter. The director shall also charge and collect for any additional costs for veterinary and related services rendered to the animal as set forth in section 6.08.240 of this chapter, and the actual costs of any extraordinary measures required in or for the handling and maintenance of the animal.

V. Should a city want to contract with the county for field or shelter services by the department, the director shall charge and collect from any contracting city the county's fully-burdened cost of providing field and

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

sheltering staff and services at rates and actual costs as approved annually by the board of supervisors. Said rates and actual costs for providing field and sheltering staff and services shall be in addition to any rates or fees set forth in section 6.08.240 of this chapter.
(Ord. No. 630.16, § 11, 1-5-2016; Ord. No. 630.18, § 8, 1-7-2020; Ord. No. 630.19 , § 9, 7-20-2021)

6.08.120 Altered and unaltered animals.

A. Mandatory spaying and neutering.

1. Requirement. No person may own, keep, or harbor an unaltered 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 chapter. An owner or custodian of an unaltered cat must have the animal spayed or neutered or provide a certificate of sterility.

2. Appointments are available to spay or neuter an unaltered dog or cat at the county's animal shelters.

The demand for these appointments exceeds the number of slots available. In an effort to maximize the number of animals spayed or neutered, the department shall charge an appointment fee in an amount as set forth in section 6.08.240 of this chapter that shall be applied toward the cost of spaying or neutering the animal, provided the owner, or custodian keeps the appointment or contacts the department twenty-four (24) hours prior the appointment to reschedule.

3. Any dog or cat impounded at a county animal shelter is required to be spayed or neutered prior to release unless exempt in subsection A.4. below.

4. 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 shall 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 shall be stated in the written confirmation; should this date be later than thirty (30) days, the owner or custodian shall apply for an unaltered dog license.

B. In the event that any dog comes under subsection A.4.a. of section 6.08.120 of this chapter, a spay and neuter deposit fee in an amount as set forth in section 6.08.240 of this chapter shall be paid before the dog is released from the county animal shelter.

C. 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 shall 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 shall be stated in the written confirmation.

D. In the event any cat comes under subsection A.4.c. of section 6.08.120 of this chapter, a mandatory spay and neuter deposit fee in an amount as set forth in section 6.08.240 of this chapter shall be paid before the cat is released from the shelter.

E. Animals owned by recognized dog or cat breeders, as defined by department policy.

F. Females over the age of 10 and males over the age of 12 are exempt from the Spay and Neuter requirement due to the biological improbability of reproduction, however, owners will be required to purchase an unaltered license for any dog that is exempt under this subsection.

B. Denial or revocation of unaltered dog license and re-application.

1. The department may deny or revoke an unaltered dog license for one or more of the following reasons:

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

A. The owner, custodian, applicant or licensee is not in compliance with all of the requirements of this section;
B. The department has received at least three complaints, verified by the department, 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 Riverside County Ordinances or under state law;
E. Any unaltered dog license held by the applicant has been revoked; F. The license application is discovered to contain a material misrepresentation or omission of fact.

2. Re-application for unaltered dog license:

A. When an unaltered dog license is denied, the applicant may re-apply for a license upon changed circumstances and a showing that the requirements of this chapter have been met. The department shall refund one-half of the license fee when the application is denied. The applicant shall pay the full fee upon re-application.

B. When an unaltered dog license is revoked, the owner or custodian of the dog may apply for a new license after a thirty-day waiting period upon showing that the requirements of this chapter have been met. No part of an unaltered dog licensee fee is refundable when a license is revoked and the applicant shall pay the full fee upon re-application.

C. Appeal of denial or revocation of unaltered dog license.

1. Request for hearing.

A. Notice of intent to deny or revoke. The department 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 the 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.

B. Hearing officer. The hearing shall be conducted by the animal services director's designee.

C. Notice and conduct of hearing. The department shall mail a written notice of the date, time and place for the hearing not less than ten (10) business days before the hearing date. The hearing date shall be no more than thirty (30) business days after the department's receipt of the request for a hearing. The hearing will be informal and the rules of evidence will not be strictly observed.

The department shall mail a written decision to the owner or custodian within ten (10) business days after the hearing. The decision of the hearing officer shall be the final administrative decision.

3. Change in location of dog. If the dog is moved after the department 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 department with information as to the dog's whereabouts, within ten (10) days of the change in location of the dog, including the current owner or custodian's name, address and telephone number.

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

D. Transfer, sale and breeding of unaltered dog or cat.

1. 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. An owner or custodian of an unaltered dog must notify the department of the name and address of the transferee within ten (10) days after the transfer. The unaltered license and microchip numbers must appear on a document transferring the animal to the new owner.

2. Offer for sale or transfer of unaltered cat. An owner or custodian of an unaltered cat must notify the department 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.

E. Penalties. Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below:

1. 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.

2. Should the owner or custodian of an unaltered dog or cat be found in violation of a state or local law, as stated above, in subsection 1., the owner or custodian shall be required to spay or neuter the unaltered animal in accordance with this section.

F. Impoundment of unaltered dog or cat.

1. When an unaltered dog or cat is impounded pursuant to state and/or local law, in addition to satisfying applicable requirement for the release of the animal, including but not limited to payment of impound fees pursuant to this chapter, the owner or custodian shall also do one of the following:

A. Provide written proof of the dog or cat's prior sterilization, if conditions cannot or do not make this assessment obvious to department personnel;
B. Have the dog or cat spayed or neutered by a department veterinarian at the expense of the owner or custodian. Such expense may include additional fees due to extraordinary care required;
C. Have the dog or cat spayed or neutered by another California licensed veterinarian. The owner or custodian may arrange for another California licensed veterinarian to spay or neuter the animal, and shall pay to the department the cost to deliver said animal to the chosen veterinarian. The cost to deliver the animal shall be based on the department's hourly rate established by the auditor-controller. The veterinarian shall complete and return to the department within ten (10) business days, a statement confirming that the dog or cat has been spayed or neutered or is, in fact, incapable of breeding and shall release the dog or cat to the owner or custodian only after the spay or neuter procedure is complete;
D. At the discretion of the director, 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 spayed or neutered and that he or she will submit a statement within ten (10) business days of the

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

release, signed by the veterinarian, confirming that the dog or cat has been spayed or neutered or is incapable of breeding;
E. Or if the owner or custodian demonstrates compliance with this section.

2. Costs of impoundment.

A. The owner or custodian of the unaltered dog or cat shall be responsible for the costs of impoundment, which shall include daily boarding cost, vaccination, medication, and any other diagnostic or therapeutic applications as provided in this chapter.

B. The costs of impoundment shall be a lien on the dog or cat, and the unaltered animal shall not be returned to its owner or custodian until the costs are paid. If the owner or custodian of an impounded unaltered animal does not pay the lien against it in full within fourteen (14) business days, the animal shall be deemed abandoned to the department in accordance with this chapter.

G. Application of fees and fines collected. All costs and fines collected under this part and the fees collected under, subsection F. shall be paid to the department for the purpose of defraying the cost of the implementation and enforcement of this program.
(Ord. No. 630.16, § 12, 1-5-2016; Ord. No. 630.19 , § 10, 7-20-2021)

6.08.125 Requiring the mandatory spaying and neutering of pit bull breeds.

A. Findings.

1. In recent years, pit bulls comprise a disproportionately high number of unwanted dogs in the county, accounting for twenty (20) percent of shelter dogs and thirty (30) percent of dogs euthanized in the county.

2. While the majority of pit bull owners are responsible and take appropriate measures to ensure that their dogs do not have unwanted offspring, there is a need to mitigate the large number of unwanted pit bulls in the county.

3. Restricting the maintenance of and breeding of intact pit bulls and requiring the spaying and neutering of pit bulls will not prevent responsible pet owners and pet breeders from owning, breeding, or showing pit bull breeds.

B. Purpose. To protect the public's health and welfare from irresponsible owners of pit bulls by mitigating the over population of unwanted pit bulls.

C. Authority. This section is adopted pursuant to Health and Safety Code section 122331, which authorizes counties to enact mandatory breed specific spay/neutering programs.

D. Exemptions. The following pit bulls are exempt from the regulations described in this section:

1. Currently licensed pit bulls whose owners are registered breeders with the county's department of animal services.

2. A pit bull that has been appropriately trained and is actually being used by a public law enforcement agency for law enforcement purposes.

3. A pit bull that is an assistance dog as defined in Food and Agricultural Code section 30850.

4. A pit bull which has been certified by a licensed veterinarian as having a health reason for not being spayed/neutered.

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

5. A pit bull which is in training at a licensed kennel and is currently licensed by the owner in another jurisdiction. The owner of the pit bull has the burden of showing that said pit bull is licensed in another jurisdiction.

6. A dog that is pending a breed determination when the dog owner or custodian requests such a determination in accordance with subsection F. of this section.

E. Definitions. As used in this section, the following terms shall have the following meanings:
"County." County of Riverside.
"Department." County of Riverside Department of Animal Control. "Pit bull." Any Staffordshire Bull Terrier, American Pit Bull Terrier, or American Stafford Terrier breed of dog, or any mixed breed of dog which contains, as an element of its breeding, any of these breeds so as to be identifiable as partially of one or more of these breeds.

F. Determination of breed.

1. Upon written request of any dog owner or custodian, the department's chief veterinarian or designee will schedule a breed determination appointment to determine whether a dog is a pit bull.

2. The department shall mail the requesting dog owner or custodian written notice of the date, time, and place for the appointment not less than ten (10) days before the appointment date. The appointment date shall be no more than thirty (30) days after the department's receipt of the request for a breed determination.

3. The department shall mail written results of breed determination to the requesting owner or custodian within ten (10) days after the appointment

4. The above mentioned breed determination results are prima facie evidence of the facts stated therein.

On appeal, the dog owner or custodian appealing a breed determination has the burden to show that the dog is not a pit bull.

5. If the dog owner or custodian is cited for violation of this section after the department has determined that the dog is a pit bull, the citation may be appealed as provided in subsection H. of this section.

G. Mandatory spay neutering of pit bull breed dogs. No person shall own or possess a pit bull over the age of four (4) months that has not been spayed or neutered, except as provided for in subsection D. of this section.

H. Violations and penalties. Any person violating any provision of this section shall be de emed guilty of an infraction or misdemeanor and subject to the same criminal, civil and administrative fines, penalties and costs, including all rights to appeal, as enumerated Riverside County Ordinance ("RCO") No. 630, including any amendments to RCO No. 630 that may occur from time to time. (Ord. No. 921, §§ 1—8, 10-8-2013)

6.08.130 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 department, and shall notify the departmen t 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 Sections 6.08.0200, 6.08.050 or any other licensing requirements of this chapter.

B. Exemptions. The mandatory micro chipping requirements shall not apply to any of the following:

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

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 the 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 Riverside County, but is owned by an individual that does not reside in Riverside County. 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 department of the name and address of the new owner or custodian in accordance with subdivision (a) of this section. An owner or custodian offers any dog, over the age of four months, for sale, trade, or adoption and fails to provide the department with the name and address of the new owner is in violation of this Ordinance 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 and the valid dog license 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 department of the name and address of the new owner or custodian in accordance with subdivision (a) of this section. An owner or custodian offers any cat, over the age of four months, for sale, trade, or adoption and fails to provide the department with the name and address of the new owner is in violation of this chapter 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 department 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 department 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 chapter.

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 chapter, the owner or custodian shall also do one of the following:

1. Have the dog or cat implanted with a department microchip by a department registered veterinarian technician or veterinarian or designated personnel at the expense of the owner or custodian;

2. Have the dog or cat implanted with a department 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 department the cost to deliver the dog or cat to the chosen veterinarian. The cost to deliver the dog or cat shall be based on the department's hourly rate

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

established by the Riverside County Auditor-Controller. The veterinarian shall complete and return to the department within ten (10) business days, a statement confirming that the microchip has been implanted, provide the department with the number and shall release the dog or cat to the owner or custodian only after the procedure is complete;

3. Or, 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) business 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 department or allow the department 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 included in the cost of adoption when adopting a dog or cat from a Riverside County animal shelter. The fee for an identifying microchip device shall be the amount set forth in Section 6.08.110, Subsection P. 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 number entered into the department's registry as required by subdivision 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 department for the purpose of defraying the cost of the implementation and enforcement of this program and for low cost microchipping programs administered by the department. (Ord. No. 630.16, § 13, 1-5-2016)

6.08.140 Stray or barking dogs.

It shall be unlawful for the owner or person in charge of any dog, whether licensed or unlicensed, to permit such dog to run at large.
(Ord. No. 630.16, § 14, 1-5-2016)

6.08.150 Cat trapping.

A. It shall be unlawful for any person to set or maintain an operating trap for a cat unless sign is posted on the property stating that such a trap is in the use on the property. The sign shall be clearly visible from the road serving the property on which the trap is set or maintained and shall remain posted and visible at all times while the trap is in use. Trapping shall not continue for more than ten (10) days in a thirty-day period. (See Resolution No 89-148.) If a person maintaining a trap should trap a lactating female cat, the person shall immediately release the cat thereby eliminating the chance of removing a cat that may be nursing kittens.

This section shall apply when the trap is being used for rabies control as determined in writing by the department of animal services.
(Ord. No. 630.16, § 15, 1-5-2016)

6.08.160 Rabies suppression, control and quarantine.

A. If it shall appear to the director that any animal has rabies, the director may destroy such animal forthwith, or may hold such animal for further examination or observation for such time as the director may determine to be appropriate.

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

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 director, and shall immediately confine the animal and maintain that confinement until it is established, to the satisfaction of the director, that such animal does not have rabies. The director 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 director, 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 of person having custody of such animal shall, upon the order of the director, 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 director to make an 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 director. The director 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 director that such quarantine is terminated.

D. The director may, at his or her discretion, post or cause to be posted an appropriate sign on any premises where an animal is quarantined pursuant to this chapter, 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 director.

E. Whenever the director shall determine that an epidemic of rabies exists or is threatened, the director 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 County of Riverside as the director may determine and define, for a period of not more than one hundred and twenty (120) days. An additional or extended quarantine period shall be deemed necessary by the director 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 director may determine and declare.

F. No person shall bring a dog into the unincorporated area of the County of Riverside from any city located in the County of Riverside in which a reported case of rabies exists or has existed within the past six months, nor shall any person bring a dog into the unincorporated area of the County of Riverside from any county, city, state or country in which a reported case of rabies exists or has existed within the preceding six 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 director, whereby it is prohibited to trap or capture skunks for pets; to trap, capture, or hold skunks in captivity for any reason; to transport skunks from or into the County of Riverside except pursuant to a permit issued by the California Department of Health Services pursuant to Title 17, California Administrative Code, Section 2606.8.

H. Any exotic or hybrid animal shall be vaccinated and/or quarantined pursuant to state law. (Ord. No. 630.16, § 5, 1-5-2016)

6.08.170 Placement requirements.

A. Any person who within the unincorporated area of Riverside County, or any business entity or other organization located in or doing business in the unincorporated area of Riverside County which, advertises or

Created: 2023-01-31 18:14:32 [EST]
(Supp. No. 80, Update 1)

offers in any manner, puppies or dogs for sale, trade, barter or to be given away for free, must display in such advertisements, announcement or flyer the following information:

1. The license number and name of the licensing agency of each of the mother animals, any of whose offspring are so offered (in the case of puppies under four months of age), and/or

2. The license number and name of licensing agency of each of the dogs (in the case of animals four months or more of age), and/or

3. The kennel and or rescue permit number and name of permitting agency of the owner of each of the mother animals any of whose offspring are so offered (in the case of puppies under four months of age),

4. And/or the kennel permit and/or rescue number and name of the permitting agency of the owner of each of the dogs so offered (in the case of animals four months or more of age).

B. This section shall not apply to public animal shelters or nonprofit humane societies which ar e in compliance with Food and Agricultural Code Sections 30503 and 31751, nor shall it apply to persons who relinquish animals to such shelters or societies.

C. Violators subject to citation are to be furnished with a list of low-cost or no-cost spay and neuter resources.

D. It shall be unlawful for any person to make use of stolen, counterfeit or unauthorized license, tag, certificate or any other document or item for the purpose of evading the provisions of the section. (Ord. No. 630.16, § 17, 1-5-2016)

6.08.180 Prohibition of sales or the giving away of dogs and cats on public property.

No person shall, in the unincorporated area of Riverside County, offer for sale or sell or give away or transfer for adoption any cat, kitten, dog or puppy on any public street, public sidewalk or public park. (Ord. No. 630.16, § 18, 1-5-2016)

6.08.190 Enforcement.

A. The animal services director shall supervise the administration and enforcement of this chapter and of the laws of the State of California pertaining to the care and control of animals and shall have charge of the department of animal services employees and facilities.

B. The board of supervisors may enter into a written agreement or agreements with any veterinarian, organized humane society, association, person, corporation or organization which will undertake to carry out the provisions of this chapter and maintain and operate a shelter, 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 the provisions of this chapter in the manner herein prescribed.

C. It shall be unlawful for any person to interfere with, oppose or resist any officer, employee or person empowered to enforce the provisions of this chapter while such officer, employee or person is engaged in the performance of his/her duties as provided herein.

D. Nothing in this chapter shall prevent the animal services director from acting, when he/she deems it appropriate to do so, under the applicable provisions of the California Penal Code, Section 597, et seq. (Ord. No. 630.16, § 19, 1-5-2016)

Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)

6.08.200 Violations.

In addition to the remedies and penalties contained in this chapter, any person violating any provision of county animal control ordinances shall be guilty of an infraction, unless otherwise stated in such county animal control ordinances, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00) for the first violation; a fine not to exceed two hundred dollars ($200.00) for the second violation within one year; or a fine not to exceed five hundred dollars ($500.00) for each additional violation within one year. Each day a violation is committed or permitted to continue shall constitute a separate offense.

A. Persons receiving a citation for any infraction resulting from a violation of this chapter, may choose to clear the citation within ten (10) business days, thereby avoiding a visit to court and a potentially higher court fine, by demonstrating their compliance to the director through their written, signed agreement and paying an administrative fee in an amount as set forth in section 6.08.240 of this chapter.

B. Persons who violate a home quarantine, fail to produce an animal for quarantine upon demand, or in any other way interfere with rabies investigation, shall be guilty of a misdemeanor, pursuant to Section 121710 of the California Health and Safety Code and Section 9701 of the California Food and Agriculture Code, which is punishable by imprisonment in the county jail for a period not to exceed one year, or by a fine of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00) per day of violation, or both fine and imprisonment. (Ord. No. 630.16, § 20, 1-5-2016; Ord. No. 630.19 , § 11, 7-20-2021)

6.08.210 Recoupment of enforcement costs.

The intent of this section is to authorize the recoupment of administrative costs reasonably related to the enforcement of this Ordinance. In furtherance of this intent the County shall be entitled to recover costs of enforcement, including costs of staff time, by complying with the following procedure:

A. Records of costs. the department of animal services shall maintain records of all administrative costs, incurred by the department and all other responsible county departments, in the processing of the violation or violations and the enforcement of this chapter and other applicable ordinances and may recover such costs from the violator and/or property owner or property occupier as provided herein.

B. Notice. Upon investigation and determination that a violation of any of the provisions of this chapter or other related county ordinances is found to exist, the department of animal services and/or other county department(s) shall notify the violator and/or record owner of the property, or any person having possession or control of the subject property, by mail of the existence of the violation, of the department's intent to charge the violator and/or property owner and/or person having possession or control of the property for all administrative costs associated with enforcement, and of the respondent's right to a hearing on objections thereto. The notice shall be in substantially the following form:

NOTICE
The Department of Animal Services and/or Department of _______ has/have determined that conditions exist at the property located at _______ which violate Section(s)_____ of the Riverside County Ordinance No(s). _______
To wit:

Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)

Notice is hereby given that at the conclusion of this case you will receive a summary of administrative costs associated with the processing of such violation(s), at an hourly rate as established and adjusted from time to time by the Board of Supervisors. The hourly rate presently in effect is _______ per hour of staff time. You will have the right to object to these charges by filing a Request for Hearing with the Department of Animal Services within ten (10) days of service of the Summary of Charges.

C. Summary of costs. At the conclusion of the case, the department of animal services shall send a summary of costs associated with enforcement to the violator and/or owner of the property and/or person having possession or control of the subject property by certified mail. The Summary shall include a notice in substantially the following form:

NOTICE
If you object to these charges, you must file a Request for Hearing on the enclosed form within ten (10) business days of the date of this notice.

IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR RIGHT TO OBJECT WILL BE WAIVED ANY [AND] YOU WILL BE

LIABLE TO THE COUNTY OF RIVERSIDE FOR THESE CHARGES, TO BE RECOVERED IN A CIVIL ACTION IN THE NAME OF THE COUNTY, IN ANY COURT OF COMPETENT JURISDICTION WITHIN THE COUNTY.

DATED:

DEPARTMENT OF ANIMAL SERVICES:

D. Right to hearing. Any violator or property owner, or other person having possession and control of the property, who receives a summary of costs under this section shall have the right to a hearing before the director of the department of animal services or his/her designee on his/her objections to the proposed costs in accordance with the procedures set forth herein.

E. Request for hearing. A request for hearing shall be filed with the department within ten (10) days of the service by mail of the department's summary of costs, on a form provided by the department. Within thirty (30) days of the filing of the request, and on ten (10) days written notice to the violator and/or owner, the director or his/her designee shall hold a hearing on the violator and/or owner's objections, and shall determine the validity thereof.

F. Recovery of costs. In the event that (a) no request for hearing is timely filed or (b) after a hearing, the director of the department of animal services or his/her designee affirms the validity of the costs, the violator, the property owner or the person in control and possession of the property shall be liable to the county in the amount stated in the summary of costs or any lesser amount as determined by the director or his/her designee. These costs shall be recoverable in a civil action in the name of the county, in any competent jurisdiction within the county.

G. Director's decision. In determining the validity of the costs, the director or his/her designee shall consider whether the total costs as charged have been fairly and accurately calculated. Factors to be considered include whether the time and personnel spent in enforcement were reasonably necessary to bring about compliance and whether the rate charged is the current rate established by the county.

H. Appeal. The decision of the director or his/her designee may be appealed by filing a written notice of appeal with the clerk of the board within ten (10) days after service by mail on the violator, property owner, or other person having possession and control of the property. The appeal shall be heard by the board of supervisors which may affirm, amend 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 board of supervisors shall not be limited by the technical rules of evidence.

Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)

(Ord. No. 630.16, § 21, 1-5-2016)

6.08.220 Administrative citations and penalties.

In addition to the remedies and penalties contained in this chapter, and in accordance with Government Code Section 53069.4, an administrative citation may be issued for any violation of county animal control ordinances. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.

A. Notice of violation. If an animal is owned, kept, maintained, or found to be in violation of a county animal control ordinance, an administrative citation may be issued by the animal control officer. An administrative citation will not be issued for violation of Section 6.08.050 (mandatory licensing of kennels and catteries) prior to written notice of violation being issued.

B. Content of citation. The administrative citation shall be issued on a form approved by county c ounsel and shall contain the following information:

1. Date, location and approximate time that the violation was observed;

2. The ordinance violated and a brief description of the violation;

3. The amount of the administrative penalty imposed for the violation;

4. Instructions for payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty within the required time period;

5. Instructions on how to appeal the citation;

6. The signature of the animal control officer.

The failure of the citation to set forth all required contents shall not affect the validity of the proceedings.

C. Service of Citation.

1. Service of an administrative citation may be made upon the responsible party either by personal delivery or by first class mail, postage prepaid, return receipt requested, and shall be deemed completed when it is personally delivered to the responsible party, or, if mailing is used, five days after deposit in the mail for mailing to an address within California or ten days after deposit for mailing to an address outside California. If the copy of the administrative citation sent by certified mail to a responsible party is returned by the United States Postal Service with the mail receipt unsigned, or marked "unclaimed" and/or "refused," then service by first class mail shall be deemed effective provided it is also not returned by the United States Postal Service.

2. In lieu of personally serving the responsible party by personal delivery or first class mail, postage prepaid, service of the administrative citation, and any amended or supplemental citation, may be made by substituted service using the methods described in Sections 415.20 through 415.95 of the California Code of Civil Procedure.

3. The failure of a copy of the administrative citation being received by the responsible party shall not affect the validity of the proceedings.

D. Administrative penalties.

1. The penalties assessed for each violation of a county animal control ordinance shall not exceed the following amounts:
i. One hundred dollars ($100.00) for a first violation;

Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)

ii. Two hundred dollars ($200.00) for a second violation of the same administrative abatement order within one year;
iii. Five hundred dollars ($500.00) for each additional violation of the administrative abatement order within one year.

2. If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of penalty shall increase at the rate specified above.

3. Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.

4. The penalties assessed shall be payable to the County of Riverside Department of Animal Services.

5. Where the violation would otherwise be an infraction, the administrative penalty shall not exceed the maximum fine or infraction amount.

E. Administrative appeal of administrative citation.

1. Notice of appeal. The recipient of an administrative citation may appeal the citation by filing a written notice of appeal with the department. The written notice of appeal must be filed within twenty (20) days of the service of the administrative citation set forth in subsection C. above.

Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The notice of appeal shall be submitted on county forms and shall contain the following information:
i. A brief statement setting forth the appellant's interest in the proceedings; ii. A brief statement of the material facts which the appellant claims supports his contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted;
iii. An address at which the appellant agrees notice of any additional proceeding or an order relating to the administrative penalty may be received by mail; iv. The notice of appeal must be signed by the appellant; v. A check or money order is required, as a deposit, for the total penalty amount shown on the front side of the citation, before the Administrative Appeal will be scheduled; vi. Indigence must be proved to have the deposit waved.

2. Administrative hearing. Upon a timely written request by the recipient of an administrative citation, an administrative hearing shall be held as follows:
i. Notice of hearing. Notice of the administrative hearing regarding the administrative citation shall be given at least ten (10) days before the hearing to the person requesting the hearing.
ii. The administrative hearing regarding the administrative citation shall be held before the animal services director, or his designee. The hearing officer shall not be the investigating animal control officer who issued the administrative citation or his immediate supervisor.

The director may contract with a qualified provider to conduct the administrative hearings or to process administrative citations.
iii. Conduct of the hearing. The investigating animal control officer who issued the administrative citation shall not be required to participate in the administrative hearing regarding the citation. The contents of the investigating animal control officer's file shall be

Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)

admitted as prima facie evidence of the facts stated therein. The hearing officer shall not be limited by the technical rules of evidence. If the person requesting the appeal of the administrative citation fails to appear at the administrative hearing, the hearing officer shall make his determination based on the information contained in the notice of appeal. iv. Hearing officer's decision. The hearing officer's decision regarding the administrative citation following the administrative hearing may be personally delivered to the person requesting the hearing or sent by mail. The hearing officer may allow payment of the administrative penalty in installments, if the person provides evidence satisfactory to the hearing officer of an inability to pay the penalty in full at one time. The hearing officer's decision shall contain instruction for obtaining review of the decision by the superior court.

F. Review of administrative hearing officer's decision. If the recipient of an administrative citation disagrees with the administrative hearing officer's decision upholding the issuance of the administrative citation and/or administrative penalty amount assessed, the recipient may appeal the issuance of the administrative citation to the superior court as set forth in this section.

1. Notice of appeal. Within twenty (20) days of the delivery and mailing of the hearing officer's decision regarding the administrative citation, the recipient of the administrative citation may contest that decision by filing an appeal to be heard by the superior court. The appeal fee for filing the notice of appeal shall be in an amount as set forth in section 6.08.240 of this chapter. The failure to file the written appeal and to pay the filing fees within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon the department of animal services by the contestant.

2. Conduct of hearing. The conduct of the appeal hearing is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. The appeal shall be heard de novo, except that the contents of the issuing agency's file in the case shall be received into evidence. A copy of the issued administrative citation providing notice of the violation and imposition of the administrative penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the issuing agency's file on the case be forwarded to the court, to be received within fifteen (15) days of the request.

3. Judgment. The court shall retain the appeal fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the department of animal services. Any deposit of the fine or penalty shall be refunded to the department of animal services in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the issuing agency may proceed to collect the penalty pursuant to the procedures set forth in this chapter, or in any other manner provided by law.
(Ord. No. 630.16, § 22, 1-5-2016; Ord. No. 630.17, § 5, 2-27-2018; Ord. No. 630.19 , § 12, 7-20-2021)

6.08.230 Public nuisance.

A. The possession or maintenance of any dog, cat or other identified animal or the allowing of any dog, cat or other identified animal to be in violation of this chapter, Ordinance No. 771 or any other county ordinance or state law, is hereby declared to be a public nuisance. The animal services director and any Riverside County peace officer are hereby directed and empowered to abate any such public nuisance independently of any criminal prosecution or the results of thereof, by any means reasonably necessary to accomplish said abatement including but not limited to the destruction of the dog, cat or other identified animal involved, or by the imposition of specific reasonable conditions and restrictions for the maintenance of such dog, cat or

Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)

other identified animal. Failure to comply with such conditions and restrictions is a misdemeanor. The owner of such dog, cat or other identified animal shall reimburse to the County of Riverside for all costs incurred in enforcing compliance with the provisions of this Section 6.08.230. The County of Riverside, by and through the animal services director, may also commence and maintain such proceedings in a court of competent jurisdiction as are appropriate under the laws and regulations of the State of California for the abatement and redress of public nuisances.

B. At least ten (10) working days prior to the impoundment or abatement or both pursuant to Section 6.08.230, Subsection A. of this chapter, the owner or custodian of the subject dog, cat, or other identified animal shall be notified by the animal services director, in writing, of the right to a hearing to determine whether grounds exist for such impoundment or abatement or, where applicable, both. Said notice shall be served by handdelivery or by registered or certified mail, postage prepaid, return receipt requested. If the owner or custodian requests a hearing prior to impoundment or abatement, no impoundment or abatement shall take place until the conclusion of such hearing, except as provided in paragraph C. below.

C. When, in the opinion of the animal services director, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the subject dog, cat or other identified animal has been impounded under any other provision of this chapter or any law or regulation of the State of California, the pre-impoundment hearing shall be deemed waived; provided, however, that the owner or custodian of the subject dog or cat shall be given notice by the animal services director, in writing, which would allow five working days to request an abatement hearing. Service of such notice shall be in accordance with the service methods specified in Section 6.08.230, Subsection B. of this chapter. Where requested by such owner or custodian, a hearing shall be held within five days of the request therefor, and the subject dog, cat or other animal shall not be disposed of prior to the conclusion of the hearing. If, after five working days from the date of service of the notice specified in the Subsection C. of Section 6.08.210 of this chapter, no request for a hearing is received from the owner or custodian of the subject dog, cat or other animal, such dog, cat or other animal shall be disposed of pursuant to applicable provisions of law.

D. All hearings pursuant to Section 6.08.230 of this chapter shall be conducted by the animal services director personally or by a designee who shall not have been directly involved in the subject action. Hearings shall be held not more than ten (10) days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a reasonable period of time if the animal services director deems such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance. Within ten (10) days after the conclusion of the hearing, the animal services director shall render, in writing, his/her findings, decision and order thereon and shall give notice of said findings, decision and order to the owner or custodian of the subject dog, cat or other animal; service of such notice shall be in accordance with the service methods specified in Section 6.08.240, Subsection (b) of this chapter.

E. Pursuant to Food and Agriculture Code Section 31622, the owner or keeper of a dog can appeal the decision of the administrative hearing to the superior court.
(Ord. No. 630.16, § 23, 1-5-2016)

6.08.240 Fees.

The fees for this chapter shall be paid to the department and shall be as follows:

DESCRIPTION FEE FEE

EFFECTIVE
7/1/21
FEE

EFFECTIVE
7/1/22
FEE

EFFECTIVE
7/1/23
SECTION 2 FEES
Altered dog license - 1 year $25.00

Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)

Altered dog license - 2 year $50.00
Altered dog license - 3 year $75.00
Unaltered dog license - 1 year $120.00
Unaltered dog license - 2 year $240.00
Unaltered dog license - 3 year $360.00
Dog or Cat Breeders - 1 year $65.00
Dog or Cat Breeders - 2 year $130.00
Dog or Cat Breeders - 3 year $195.00
Altered dog license - 1 year (senior citizen age
60 or older)
$12.00
Altered dog license - 2 year (senior citizen age
60 or older)
$24.00
Altered dog license - 3 year (senior citizen age
60 or older)
$36.00
Dangerous/vicious animal registration - 1
year
$250.00
Processing Fee for online license purchases $1.50
Credit Card processing fee 3%
Dog license late fee $25.00
Dog license late fee (senior citizen age 60 or
older)
$15.00
Transfer of ownership fee - dog $6.00
New resident dog license late fee $25.00
Dog license replacement tag $6.00
SECTION 4 FEES
Optional Cat license $3.00
SECTION 5 FEES
Class 1 Kennel license - 5—10 dogs [1 year,
unaltered]
$250.00
Class 1 Kennel license - 5—10 dogs [2 year,
unaltered]
$450.00
Class 1 Kennel license - 5—10 dogs [1 year,
altered]
$150.00
Class 1 Kennel license - 5—10 dogs [2 year,
altered]
$250.00
Class 1 Kennel license (dog) - late fee 50%
Class 2 Kennel license - 11—25 dogs [1 year,
unaltered]
$350.00
Class 2 Kennel license - 11—25 dogs [2 year,
unaltered]
$600.00
Class 2 Kennel license - 11—25 dogs [1 year,
altered]
$250.00
Class 2 Kennel license - 11—25 dogs [2 year,
altered]
$400.00
Class 2 Kennel license (dog) - late fee 50%
Class 3 Kennel license - 26—40 dogs [1 year,
unaltered]
$450.00

Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)

Class 3 Kennel license - 26—40 dogs [2 year,
unaltered]
$750.00
Class 3 Kennel license - 26—40 dogs [1 year,
altered]
$350.00
Class 3 Kennel license - 26—40 dogs [2 year,
altered]
$550.00
Class 3 Kennel license (dog) - late fee 50%
Class 4 Kennel license - 41+ dogs [1 year,
unaltered]
$550.00
Class 4 Kennel license - 41+ dogs [2 year,
unaltered]
$900.00
Class 4 Kennel license - 41+ dogs [1 year,
altered]
$450.00
Class 4 Kennel license - 41+ dogs [2 year,
altered]
$700.00
Class 4 Kennel license (dog) - late fee 50%
Sentry Dog Kennel license - [1 year,
unaltered]
$500.00
Sentry Dog Kennel license - [2 year,
unaltered]
$800.00
Sentry Dog Kennel license - [1 year, altered] $400.00
Sentry Dog Kennel license - [2 year, altered] $600.00
Sentry license late fee: 50% of the applicable
fee(s)
50%
Cattery license - 10+ cats [1 year, unaltered] $250.00
Cattery license - 10+ cats [2 year, unaltered] $400.00
Cattery license - 10+ cats [1 year, altered] $200.00
Cattery license - 10+ cats [2 year, altered] $300.00
Cattery license - late fee 50% of the
applicable fee(s)
50%
SECTION 6 FEES
Rescue permit (up to 6 dogs) $60.00
Rescue permit (up to 6 dogs) - 2 Year $100.00
Rescue permit - late fee (up to 6 dogs) 50%
Rescue permit (7 to 10 dogs) - one year $120.00
Rescue permit (7 to 10 dogs) - two years $200.00
Rescue permit - late fee (7 to 10 dogs) 50%
SECTION 11 FEES
State mandated unaltered fine - 1
st impound
(Food & Ag Code 30804.7 & 31751.7)
$35.00
State mandated unaltered fine - 2
nd impound
(Food & Ag Code 30804.7 & 31751.7)
$50.00
State mandated unaltered fine - 3
rd impound
(Food & Ag Code 30804.7 & 31751.7)
$100.00
Animal Redemption Fee - 1
st impound $50.00
Animal Redemption Fee - 2
nd impound $100.00
Animal Redemption Fee - 3
rd impound $150.00