Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
Impound fee - altered/unable to produce dog
owned by senior citizen
50%
Administrative Citation Fee $25.00
Payment Plan Processing Fee $19.00
Collections Processing Fee $28.00
Insufficient Fund Charge $25.00
Euthanasia - Dog, cat & small animal $25.00
Disposal Request - Dog, cat & small animal $25.00
Disposal Request - Large animal $193.00
Impound fee - animal returned to owner by
field officer
$40.00
Owner turn-in fee (animal picked up by field
officer)
$30.00
Home quarantine fee $50.00
Trap service - first 5 days $20.00
Trap service - each day after initial 5 days $2.00
Lost or destroyed cat traps $73.00
Lost or destroyed dog traps $355.00
Other lost or destroyed traps $90.00
Quarantined animals - housed at a county
shelter
$10.00 per
day +
boarding fees
Recoupment of enforcement costs - hourly
rate
$53.00
Microchip - implanted at any time other than
adoption
$21.00
Microchip - implanted at time of adoption $12.00
After hours charge $104.00
Adoption fee - Dogs - 0 to 15 days $105.00
Adoption fee - Dogs - 16 to 30 days $55.00
Adoption fee - Dogs - 30 or more days $20.00
Adoption fee - cats - 8 weeks to 4 months of
age
$65.00
Adoption fee - cats - 4 months to 1 year of
age
$45.00
Adoption fee - cats - 1 year of age or more $25.00
Senior citizen age 60 or older (*or disabled
person) adoption fee - cats & dogs
50% of
applicable
fee
Adoption fee - cats & dogs (last chance
adoption)
Director
Discretion
Event fee - cats Director
Discretion
Event fee - dogs Director
Discretion
Foster Adoption Fees 50%
Owner turn-in fee (animal turned in at the
shelter)
$20.00
Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
Boarding fee (per day or part thereof) $20.00 $25.80 $31.60 $37.41 Doctors of Veterinary Medicine (DVM) Hourly
Rate
$142.70
Supv. Registered Veterinary Technician
Hourly Rate
$79.08
Registered Veterinary Technician Hourly Rate $72.51
Veterinary Technician Hourly Rate $67.85
Operations Chief Hourly Rate $94.79
Small animal pain management $8.00
Large animal pain management $15.00
Each injection $18.00
For sedation $35.00
For fluids $8.00
Small animal de-worming $8.00
Large animal de-worming $16.00
Large animal tube de-worming $25.00
Clip/Clean $20.00
Horse vaccine $18.00
Exploratory surgery $75.00
Topical flea/tick treatment $8.00
Animal emergency clinic fees $70.00
Animal emergency overnight stay fees $20.00
First view of an X-ray $70.00
2 nd and subsequent viewing of x-rays $20.00
Small animal daily oral medication $15.00
Large animal daily oral medication $25.00
SECTION 12 FEES
Mandatory Spay & Neuter Deposit Fee for
Dogs
$75.00
Mandatory Spay & Neuter Deposit Fee for
Cats
$40.00
SECTION 22 FEES
Appeal Fee $25.00
( Ord. No. 630.19 , § 13, 7-20-2021)
6.08.250 Adjustment of fees.
All of the fees set forth in this chapter shall be in effect until the board of supervisors shall by ordinance fix some other fees upon the basis of a cost-analysis as determined by the Riverside County Auditor-Controller or, where applicable, pursuant to a change in the applicable laws and regulations of the State of California, or where applicable, both.
(Ord. No. 630.16, § 24, 1-5-2016; Ord. No. 630.19 , § 14, 7-20-2021)
Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
6.08.260 Waiver of fees.
At the discretion of the animal services director, the impoundment fees recoverable under Section 6.08.110 may be waived by the animal services director based upon indigent circumstances of the owner of the impounded animal that are verified by the department of animal services so long as the animal is being kept and maintained in accordance with all other provisions of this ordinance, the county ordinances, and state law. (Ord. No. 630.16, § 27, 1-5-2016; Ord. No. 630.19 , § 14, 7-20-2021) Chapter 6.09 LOW-COST, NON-PROFIT, PUBLIC SPAY AND NEUTER CLINICS FOR
DOGS AND CATS
Sections:
6.09.010 Authority for clinics.
Pursuant to California Food and Agricultural Code Sections 30503 and 31751.3, the director of the department of animal services is hereby authorized and directed to establish clinics where residents of the County of Riverside may have dogs and cats spayed or neutered in a humane manner.
A. Fees for services provided by such clinics shall be determined in a minimum amount to offset the cost of operating such clinics and shall be consistent with the intent of this ordinance for providing low-cost, non-profit, spay and neuter services to the public. Fees shall be established by the board of supervisors.
B. Persons submitting dogs or cats for spay and neuter services shall sign a consent form certifying under penalty of perjury that they are the owner of said animal or are otherwise authorized to present the animal for the spay or neuter operation and such persons may be required to furnish proof of such ownership or authority.
C. Such consent shall contain a waiver of any and all liability of the County of Riverside, the Riverside County Department of Animal Services, and any other county employees for any injury or death to an animal arising out of the aforementioned operation or any services provided incidental thereto.
D. The Riverside County Department of Animal Services shall establish a return date by which a person submitting animals for the aforementioned operation shall pick-up said animals or be subjected to reasonable board and care fees to commence the day after such return date.
E. Failure to pick up an animal within fifteen (15) days of said return date shall be deemed abandonment of said animal and department of animal services may dispose of it by sale, adoption or destruction. (Ord. No. 560.5 , § 1, 1-7-2020)
6.09.020 Fees for spay and neuter services.
The fees for spay and neuter services at clinics established by the Riverside County Department of Animal Services shall be as follows:
a. Any dog$100.00
b. Any cat$55.00
Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
The above spay and neuter fees shall be included in the flat-rate adoption fee at the time of adoption if the dog or cat is adopted from an animal shelter operated by the Riverside County Department of Animal Services. (Ord. No. 560.5 , § 2, 1-7-2020)
6.09.030 Fee for contract spay and neuter clinic services.
The fee for contract spay and neuter clinic services at a shelter operated by the Riverside County Department of Animal Services for a full day of services shall be six thousand eight hundred sixty-two dollars ($6,862.00). (Ord. No. 560.5 , § 3, 1-7-2020)
6.09.040 Fees for contract shot clinic services.
The fees for contract shot clinic services and spay/neuter bus services for a full day of services shall be as follows:
a. Contract shot clinic and microchipping services$3,000.00 b. Spay and neuter bus services$3,000.00
(Ord. No. 560.5 , § 4, 1-7-2020)
Chapter 6.12 ABANDONED, NEGLECTED AND CRUELLY TREATED ANIMALS Sections:
6.12.010 Disposal allowed when.
Any dog, cat or other animal which is abandoned, neglected, sick, lame, feeble, is unfit for the labor it is performing, or that in any manner is being cruelly treated may be impounded and disposed of in a humane manner as hereinafter provided.
(Ord. 716.1 § 2 (part), 2000; Ord. 716 § 1, 1991)
6.12.020 Prompt action allowed when—Lien for care and treatment.
Whenever any peace officer or animal control officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of othe rs, the officer shall immediately seize the animal and comply with the procedure established in Section 6.12.030. In all other cases, the officer shall comply with the provisions of Section 6.12.040. The cost of caring for and treating any animal properly seized under this chapter shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, unless the hearing officer determines that the seizure was unjustified. (Ord. 716.1 § 2 (part), 2000; Ord. 716 § 2, 1991)
6.12.030 Post seizure hearing.
Whenever an animal control officer or peace officer seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, prior to the commencement of any criminal proceedings provide the owner or keeper of the
Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
animal, if known or ascertained after reasonable investigation, with the opportunity for a post seizure hearing as hereinafter provided to determine the validity of the seizure or impoundment, or both.
A. The health department shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following:
1. The name, business address, and telephone number of the officer providing the notice;
2. A description of the animal seized, including any identification upon the animal;
3. The authority and purpose for the seizure, or impoundment, including the time, place and circumstances under which the animal was seized;
4. A statement that, in order to receive a post seizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the health department within ten (10) days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail;
5. A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost.
B. The post seizure hearing shall be conducted within forty-eight (48) hours of the request, excluding weekends and holidays. The hearing shall be conducted in accordance with the provisions of Section
6.12.080.
C. Failure of the owner or keeper, or of his or her agent, to request a hearing within the prescribed time period, or to attend a scheduled hearing, shall result in forfeiture of any right to a post seizure hearing or right to challenge his or her liability for costs incurred.
D. The health department, or law enforcement agency that directed the seizure shall be responsible for the costs incurred for caring and treating the animal, if it is determined in the post seizure hearing that the seizing officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of others.
If it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the cost of the seizure and care of the animal, and the animal shall not be returned to its owner until the charges are paid and the seizing agency or hearing officer has determined that the animal is physically fit or the owner demonstrates to the seizing agency's or the hearing officer's satisfaction that the owner can and will provide the necessary care. (Ord. 716.1 § 2 (part), 2000; Ord. 716 § 3, 1991)
6.12.040 Hearing prior to seizure of animal.
Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings the health officer shall provide the owner or keeper of the animals, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal.
The owner shall produce the animal at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the agency to view the animal upon request of the agency, or unless the owner can provide verification that the animal was humanely destroyed. Any person who wilfully fails to produce the animal or provide the verification is guilty of an infraction, punishable by a fine of not less than two hundred and fifty dolla rs ($250.00) no more than one thousand dollars ($1,000.00).
Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
A. The health department or law enforcement agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice stating the grounds for believing the animal should be seized. The notice shall include all of the following:
1. The name, business address, and telephone number of the officer providing the notice;
2. A description of the animal to be seized, including any identification upon the animal;
3. The authority and purpose for the possible seizure or impoundment;
4. A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep animal to the officer providing the notice within two days, excluding weekends and holidays, of the date of the notice;
5. A statement that the cost of caring for and treating any animal properly seized is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request a hearing within the prescribed time period, or to attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges.
B. The preseizure hearing shall be conducted within forty-eight (48) hours, excluding weekends and holidays, after receipt of this request. The hearing shall be conducted in accordance with the procedure established in Section 6.12.080.
C. Failure of the owner or keeper, or his or her agent, to request a hearing within the prescribed time, period or to attend a scheduled hearing, shall result in a forfeiture of any right to a preseizure hearing or right to challenge his or her liability for costs incurred pursuant to this chapter. (Ord. 716.1 § 2 (part), 2000; Ord. 716 § 4, 1991)
6.12.050 Cost of seizure and care—Owner liable.
If any animal is properly seized under this chapter, the owner or keeper shall be personally liable to the seizing agency for the cost of the seizure and care of the animal. Furthermore, if the charges for the seizure or impoundment and any other charges permitted under this chapter are not paid within fourteen (14) days of the seizure, or, if the owner, within fourteen (14) days of notice of availability of the animal to be returned, fails to pay charges permitted under this chapter and take possession of the animal, the animal shall be deemed to have been abandoned and may be disposed of by the impounding officer. (Ord. 716.1 § 2 (part), 2000; Ord. 716 § 5, 1991)
6.12.060 Noncompliance with order to provide veterinary care.
If the animal requires veterinary care and the seizing agency is not assured, within fourteen (14) days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the impounding officer. A veterinarian may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably ill or crippled. A veterinarian also may immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent.
(Ord. 716.1 § 2 (part), 2000; Ord. 716 § 6, 1991)
Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
6.12.070 Return to owner—Conditions.
No animal properly seized under this chapter shall be returned to its owner until, in the determination of the seizing agency or hearing officer, the animal is physically fit or the owner can demonstrate to the seizing agency's or hearing officer's satisfaction that the owner can and will provide the necessary care. (Ord. 716.1 § 2 (part), 2000; Ord. 716 § 7, 1991)
6.12.080 Hearings.
All hearings conducted pursuant to this chapter shall be conducted by the health officer or his or her designee (hearing officer), who shall not have been directly involved in the subject action and shall not be subordinate in rank to the person seizing or impounding the animal. Hearings shall be conducted in the following manner:
A. The hearing officer may continue the hearing for a reasonable period of time, if the hearing office r deems such continuance to be necessary and proper or if the owner or custodian shows good cause for such continuance.
B. The health department shall have the burden of proof to establish, by a preponderance of evidence, the existence of the condition or conditions which give rise to the need for the seizure or impoundment.
C. In a case where the department is also seeking to terminate the owner's rights in the animal, the department shall have put the owner or keeper of the animal on due written notice thereof and shall establish the existence of the owner's or keeper's acts or omissions resulting in cruelty or neglect to the animal by clear and convincing evidence to a reasonable certainty.
D. The department shall present its case first, followed by the party against whom the seizure or impoundment is being proposed. The department may present rebuttal in the discretion of the hearing officer.
E. Oral evidence shall be taken only on oath or affirmation.
F. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any other matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness, and to rebut evidence.
G. The hearing need not be conducted according to technical rules relating to evidence and witnesses.
Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized in the hearing. Irrelevant and unduly repetitious evidence shall be excluded.
H. At the conclusion of the hearing, each side shall be given an opportunity to summarize its position.
I. Within three working days after the conclusion of the hearing, the hearing officer shall render, in writing, his or her findings, decision and order thereon, and shall give notice, in writing, of the findings, decision and order to the owner or custodian of the animal.
Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
J. In the event a sufficient quantum of evidence presented at the hearing supports a determination for seizure, impoundment and/or termination of the owner's rights in the animal, the hearing officer as a part of his decision may order, but is not limited to ordering, that one or more of the following actions be undertaken:
1. That the owner's and/or custodian's rights in the dog, cat or other animal are terminated;
2. That the owner or custodian of the dog, cat or other animal shall remove the animal(s) from the premises by a specified date;
3. That the health department personnel after a specified date, shall impound the animal or animals;
4. That the health department shall sell, give away, or otherwise dispose of, the animal(s) with the owner or custodian of the animal(s) being responsible to reimburse the county or agency as designated by the county for all costs and expenses including, but not limited to, board, care, veterinary services, and costs of disposal. If the animal(s) are sold, the proceeds from the sale shall go to the county or agency as designated by the county.
K. A decision upholding seizure or impoundment shall become effective upon issuance.
L. A decision terminating an owner's rights in the animal shall become effective thirty (30) days from the date the decision is mailed unless a stay of execution is granted. (Ord. 716.1 § 2 (part), 2000; Ord. 716 § 8, 1991)
6.12.090 Abandoned or stray animals—Authority to rehabilitate or destroy.
Every such, disabled, infirm or crippled animal, except a dog or cat, abandoned in any part of the unincorporated area the county may be immediately killed by the health department or law enforcement agency or their designees if, after a reasonable search, no owner of the animal can be located. It shall be the duty of all peace officers and animal control officers to cause the animal to be killed or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned. (Ord. 716.1 § 2 (part), 2000; Ord. 716 § 9, 1991)
6.12.100 Transfer to veterinarian.
Any peace officer, humane society officer, or animal control officer shall convey all injured c ats and dogs found without their owners in a public place directly to a veterinarian known by the officer to be a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment.
If the owner does not redeem the animal within the locally prescribed waiting period, the veterinarian may personally perform euthanasia on the animal. If the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the responsible animal control agency has first been contacted and has refused to take possession of the animal.
Whenever any animal is transferred to a veterinarian in a clinic, such as an emergency clinic which is not in continuous operation, the veterinarian may, in turn, transfer the animal to an appropriate facility.
If the veterinarian determines that the animal shall be hospitalized under proper care and given emergency treatment, the costs of any services which are provided pending the owner's inquiry to the responsible agency or department shall be paid from the dog license fees, fines, and fees from impounding dogs in the city, county or city and county in which the animal was licensed or, if the animal is unlicensed, shall be paid by the jurisdiction in
Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
which the animal was found, subject to the provision that this cost be repaid by the animal's owner. The cost of caring for and treating any animal seized under this section shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. No veterinarian shall be criminally or civilly liable for any decision which he or she makes or for services which he or she provides pursuant to this section.
An animal control agency which takes possession of an animal pursuant to this section shall keep records of the whereabouts of the animal for a seventy-two (72) hour period from the time of possession, and those records shall be available for inspection by the public upon request. (Ord. 716.1 § 2 (part), 2000; Ord. 716 § 10, 1991)
6.12.110 Humane destruction of animal in the field.
Notwithstanding any other provision of this section, any peace officer or any animal control officer may, with the approval of his or her immediate superior, humanely destroy any stray or abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to dispose of the animal.
(Ord. 716.1 § 2 (part), 2000; Ord. 716 § 11, 1991)
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 unincorporated area of Riverside County, 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. (Ord. 716.1 § 2 (part), 2000; Ord. 716 § 12, 1991)
6.12.130 Violation—Animal(s) to be forfeited.
Upon the conviction of a person charged with a violation of this chapter, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to be forfeited and shall thereupon be transferred to the impounding officer for proper disposition. A person convicted of a violation of this chapter shall be personally liable to the seizing agency for all costs of impoundment from the time of seizure to the time of proper disposition. This chapter shall not prohibit the seizure or impoundment of animals as evidence as provided for under any other provision of law.
(Ord. 716.1 § 2 (part), 2000; Ord. 716 § 13, 1991)
6.12.140 Chapter provisions not exclusive.
This chapter is not intended, nor shall it be construed in any way, to affect Sections 31101 or 31752 of the Food and Agriculture Code.
Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
(Ord. 716.1 § 2 (part), 2000; Ord. 716 § 14, 1991)
Chapter 6.16 POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS Sections:
6.16.010 Findings.
A. Because of the increased urbanization of Riverside County the county has experienced increasing numbers of dogs and other animals being kept in close proximity to humans including children.
B. The keeping of dogs and other animals in close proximity to adults and children has resulted in increasing incidents of attacks, biting and menacing behavior by such dogs and other animals.
C. These incidents now present a public health and safety problem to the residents of this county and increasing numbers of cases have resulted in painful and/or serious injuries to adults and children, death and injuries to other animals, attendant economic losses to county residents, and anxiety to those bitten by unlicensed animals whose vaccination status is therefore not established.
D. In an attempt to bring this problem under control, it is necessary to: (1) increase the total number of animals which are licensed and thus properly established to have been vaccinated against rabies; (2) encourage the spaying and neutering of animals, which (a) reduces the number of strays at large and not safely confined, (b) reduce aggressiveness and animals at large, and (c) reduces the financial cost to taxpayers of animal control services; and (3) establish a warning and hearing procedure to put the owners of potentially dangerous, dangerous dogs and other animals on adequate notice to control such animals and to bring about the confinement of such animals and the destruction of those animals where other lesser measures have failed or are inappropriate.
(Ord. 771 § 1, 1999)
6.16.020 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 from the context thereof, that some other meaning is intended. "Attack" means any action by an animal which places a person in danger of immediate bodily harm. "Animal services manner" means the animal services manager of the county or his or her duly authorized representative.
"Dangerous animal" means:
1. Any animal which has twice within a forty-eight (48) month period in two separate incidents has, actively pursued, attacked, bitten or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person or animal engaged in a lawful activity;
2. Any animal which has once attacked, bitten, or otherwise caused injury to a person or animal engaged in lawful activity, resulting in death or substantial injury;
3. Any animal which has been previously declared a potentially dangerous animal and the owner/custodian has failed to restrain the animal as so directed; or
Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
4. Any dog which has been declared a "potentially dangerous dog" as defined by California State Law during any legal hearing process.
"Potentially dangerous animal" means:
1. Any animal which has once actively pursued, attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person engaged in a lawful activity.
2. Any animal which has once attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another animal.
3. Any animal which is found actively pursuing livestock, poultry, dogs, cats or animals as defined in Ordinance 534.
"Substantial injury" means a substantial impairment of the physical condition of a person or animal which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, punctures, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.
"Secure enclosure" means a fence or structure suitable to prevent the entry of young children or any part thereof, and which is suitable to confine a potentially dangerous, or dangerous animal in conjunction with other measures which may be taken by the owner or keeper of the animal, or at the direction of the animal ser vices manager. The enclosure shall be designed to prevent the animal from escaping and from preventing an adult or child from coming in contact with the animal. (A chain where a person can walk within the length of the chain, or an electric collar or invisible fence is not a sufficient restraint or enclosure.) "Vicious dog" means:
1. Any dog which, when unprovoked, in an aggressive manner, inflicts injury on or kills a human being or animal.
2. Any dog previously determined to be and currently listed as a potentially dangerous dog which after its owner or keeper has been notified of this determination, continues that behavior described in Section 31062 of the Food and Agricultural Code or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code.
(Ord. 771 § 2, 1999)
(Ord. No. 771.2, § 1, 1-24-2017)
6.16.030 Administrative restraint order for potentially dangerous animals.
A. If the division of animal control has cause to believe that an animal is a potentially dangerous animal, the animal services manager/designee shall issue a potentially dangerous animal restraint order to the owner(s) or custodian(s) of any such dog or animal that fits the description described in this chapter, of a potentially dangerous animal. The statement shall be served by hand-delivery or certified and first-class mail. The statement shall notify the owner(s) or custodian(s) of such animal(s) that such owner(s) custodian(s) is/are required thereafter at all times to keep such animal(s) in a secure enclosure or provide such other adequate secure restraint as may be specified on the restraint order.
B. An owner(s)/custodian(s) of an animal(s) receiving a potentially dangerous animal restraint order may request a hearing on the order by a hearing officer selected by the department director. The request for a hearing must be submitted in writing, during the ten (10) calendar days following the service of the order.
Pending such hearing, the animal must be kept in a secure enclosure or adequately restrained as specified in the restraint order.
Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
C. Failure of the owner(s)/keeper(s) to request a hearing on the restraint order within the ten (10) day period, or failure to attend or be represented at a scheduled hearing, shall constitute a waiver of the right to a hearing and shall satisfy the hearing requirements provided herein.
D. All hearings pursuant to subsection B of this section shall be conducted by the hearing officer who shall not have been directly involved in the subject action. Hearings shall be held not more than ten (10) working days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a period of time not to exceed thirty (30) days if the hearing officer deems such continuance to be necessary and proper. Within ten (1 0) days after the conclusion of the hearing, the hearing officer shall render, in writing, his or her findings, decision and order thereon and shall give notice of the findings, decision and order to the owner or custodian of the subject animal; service of such notice shall be by mail or hand delivery.
E. Costs for successful enforcement of this section shall be recouped from the animal's owner or custodian pursuant to Ordinance 630, Section 21.
F. An animal which as been determined to be a potentially dangerous animal following the conclusion of the process described in subsections A through D of this section shall be added to a list of potentially dangerous animals maintained by the division of animal control. Once an animal has been determined to be a potentially dangerous animal, if there are no additional instances of the behavior described in Section
6.16.020(D) within a forty-eight (48) month period from the date of the restraint order, the animal may be removed from the list of potentially dangerous animals by the animal services manager/designee. (Ord. 771 § 3, 1999)
6.16.040 Impoundment and abatement of dangerous animals.
The division of animal control is authorized and empowered to impound and/or abate (destroy) any dangerous animal as a public nuisance independently of any criminal prosecution or the results thereof by any means reasonably necessary to protect the health, safety and welfare of the public including, but not limited to, the imposition upon the owner and/or custodian of specific, reasonable restrictions and conditions for the maintenance of the animal. In carrying out an abatement, the division shall follow the procedure established in Ordinance 630, Section 22. Restrictions and/or conditions resulting from abatement proceedings may include, but are not limited to the following:
A. Requiring the owner of the animal, possessor of the animal or owner of the premises on which the animal is kept to obtain and maintain liability insurance in the amount of one hundred thousand dollars ($100,000.00) and to furnish a certificate or proof of insurance by which the division shall be notified at least thirty (30) calendar days prior to cancellation or nonrenewal; B. Requirements as to the size, construction and design of structured enclosure for the animal; C. Location of the animal's residence including prior notice of plans to move the animal to another location or to a location outside of Riverside County and obtaining approval from the division of animal control to do so after proper notification of animal regulation in the new jurisdiction; D. Requirements as to type and method of restraints for the animal; including but not limited to leashes, muzzles and confinement in a kennel or other facility;
E. Photo identification or permanent marking of the animal for purposes of identification; F. A requirement to obtain a dangerous animal registration and/or requiring a tattoo or micro chip noting the declaration and registration with Riverside County animal control; G. A requirement to alter the animal;
Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
H. Requirements to allow inspection of the animal and its enclosure by the division of animal control or any other law enforcement agency without warrant, and to produce upon demand, proof of compliance with such requirements of this section; as may be applicable; I. Obtaining written permission to keep the animal on certain specified premises from the landlord/owner, in the event that the owner/custodian of the dangerous animal is a tenant or occupant on real property where the animal is being kept; J. Any person who violates any provision of this section is guilty of an infraction or misdemeanor, if charged.
(Ord. 771 § 4, 1999)
6.16.050 Placement of warning signs.
It is unlawful for the owner or person in charge of any animal that has been found to be a potentially dangerous animal, dangerous animal or vicious animal to fail, neglect or to refuse to keep posted in a conspicuous place at or near the entrance to the premises on or within which any dog or animal is kept, a sign having letters at least two inches in width and two inches in height and reading "Beware of vicious dog" or "Beware of vicious ___," as may be appropriate.
(Ord. 771 § 5, 1999)
6.16.060 Change of ownership, custody and/or location of animal.
A. The owner and/or custodian of an animal that is on restriction as above provided and who moves or sells the animal(s), or otherwise transfers the ownership, custody or location of the animals(s), shall, at least fifteen (15) days prior to the actual transfer or removal of the animal, notify the division of animal control in writing of the name, address and telephone number of the proposed, new owner or custodian, and/or the proposed, new location of the animal, and the name and description of the animal(s). The division may prohibit the proposed relocation for cause.
B. The owner and/or custodian shall, in addition to the above, notify any new owner or custodian in writing regarding the details of the animal's record, and the terms and conditions for confinement and control of the animal. The transferring owner and/or custodian shall also provide the division with a copy of the notification to the new owner or custodian containing an acknowledgment by the new owner or custodian of his or her receipt of the original notification and acceptance of the terms and conditions. The division may impose different or additional restrictions or conditions upon the new owner or custodian.
C. If the animal should die, the owner and/or custodian shall notify the division no later than twenty-four (24) hours thereafter and, upon request, from the division shall produce the animal(s) for verification. If the animal escapes, the owner and/or custodian shall immediately notify the division and make every reasonable effort to recapture the escaped animal.
D. An animal that has been declared dangerous or vicious in any legal hearing, as a result of aggressive behavior, outside the confines of Riverside County, may not be relocated in Riverside County.
E. Any person who violates any provision of this section is guilty of an infraction or misdemeanor, if charged. (Ord. 771 § 6, 1999)
Created: 2023-01-31 18:14:33 [EST]
(Supp. No. 80, Update 1)
6.16.070 Possession unlawful without adequate restraint.
It is unlawful for a person to have the custody of or own or possess an animal that is restricted as above provided, unless the animal continues to be restrained or confined to prevent it from being at large or from causing damage to any property or injury to any person or other animal. Any person who violates any imposed restriction is guilty of misdemeanor.
(Ord. 771 § 7, 1999)
6.16.080 Surrender of animal upon demand.
The owner and/or custodian of any animal on restriction who is in violation of Section 6 .16.070 shall surrender such animal to the division of animal control upon demand. (Ord. 771 § 8, 1999)
6.16.090 Hearing procedures and charges.
Charges for hearing procedures and costs of confinement at a shelter associated with enforcement under this Ordinance shall be recovered from the animal's owner or custodian as per Sections 21 and 22 of Ordinance 630.
(Ord. 771 § 9, 1999)
6.16.100 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 herein by this reference. (Ord. 771.1, § 1, 7-14-2009)
6.16.110 Exclusions.
This chapter does not apply to dogs while utilized by any police department or any law enforcement officer in the performance of police work.
(Ord. 771 § 10, 1999; Ord. 771.1, § 2, 7-14-09)
6.16.120 Court proceedings.
Nothing in this chapter shall prevent the Riverside County division of animal control or any other party from commencing and maintaining court proceedings for the restriction or destruction of any animal as authorized under Food and Agricultural Code Section 31601 et seq.
(Ord. 771 § 11, 1999)
(Ord. 771.1, § 2, 7-14-09)
Title 6 - ANIMALS
Chapter 6.20 NOISY ANIMALS*
Riverside County, California, Code of Ordinances Created: 2023-01-31 18:14:34 [EST] (Supp. No. 80, Update 1)
Chapter 6.20 NOISY ANIMALS*
Sections:
6.20.010 Findings.
The disturbance caused by excessive, unrelenting or habitual noise of any animal is disruptive of the public's peace and tranquility and represents an unwanted invasion of privacy of the residents of the unincorporated areas of the County of Riverside. At certain levels, the excessive, unrelenting or habitual noise of any animal may jeopardize the health, safety or general welfare of residents of the County of Riverside and degrade their quality of life.
(Ord. 878, § 1, 1-6-2009)
6.20.020 Purpose.
It is declared to be in the public interest to promote the health and welfare of the residents of the unincorporated areas of the County of Riverside (the "county") by providing for an administrative proceeding for the abatement of such noisy animal nuisances, which abatement procedures shall be in addition to all other proceedings authorized by county ordinances or otherwise by law. (Ord. 878, § 2, 1-6-2009)
6.20.030 Authority.
This chapter is adopted pursuant to the Board of Supervisors' police power as set forth under Article XI, section 7 of the California Constitution.
(Ord. 878, § 3, 1-6-2009)
6.20.040 Exemptions.
This chapter shall not apply to noise or sound made by an official law enforcement dog while on duty. (Ord. 878, § 4, 1-6-2009)
6.20.050 Definitions.
As used in this chapter, the following terms shall have the following meanings:
A. Complaining party. Person or persons who contact the department of animal services to report a noisy animal or animals.
B. Director. The Director of the Department of Animal Services of the County of Riverside or his duly authorized representative.
C. Noisy animal. Any animal or animals maintained on the same premises or location whose excessive, unrelenting or habitual barking, howling, crying or other noises or sounds annoy or become offensive
Created: 2023-01-31 18:14:34 [EST]
(Supp. No. 80, Update 1)
to a resident or residents in the vicinity thereby disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable person of normal sensitivity hearing such sounds.
D. Responsible party. A responsible party includes any of the following:
1. The person or persons who own the property where the noisy animal is located;
2. The person or persons in charge of the premises where the noisy animal is located;
3. The person or persons occupying the premises where the noisy animal is located;
4. The owner of the noisy animal.
If any of these persons are minors, the parent or parents or a guardian of such minor shall be the responsible party.
(Ord. 878, § 5, 1-6-2009)
6.20.060 General prohibition—Declaration of noisy animal as a public nuisance.
A. It is unlawful and a public nuisance for any person to allow on their property, own, keep, permit, harbor or have in their care, custody or control a noisy animal.
B. It is unlawful for the responsible party, after being informed in writing that his animal has been declared a noisy animal and that the maintenance of a noisy animal is a public nuisance, to fail, refuse or neglect to take whatever steps or use whatever means are necessary to assure that such noisy animal does not again disturb residents in the vicinity in which the noisy animal is kept. (Ord. 878, § 6, 1-6-2009)
6.20.070 Noisy animal warning notice.
A. When an animal control officer is notified of a possible noisy animal and has personally confirmed the existence of a noisy animal, or has received a written complaint under penalty of perjury of such noisy animal signed by a complaining party, the animal control officer shall issue a noisy animal warning notice ("warning notice") to the responsible party. Such warning notice shall specify that the continued barking, howling or other noise or sounds of such animal is in violation of this chapter and that the noisy animal nuisance must be abated immediately to avoid further action by the county. The warning notice shall be personally served or served by mail upon the responsible party. If service by mail or personal service cannot be safely made or reasonable attempts at personal service have failed, the warning notice shall also be posted at the premises upon which the animal is located. A copy of the warning notice shall be filed with the department of animal services. The director shall within five days of issuance of the warning notice, make a reasonable attempt to speak personally or by telephone with the responsible party concerning the matter, including what efforts have been made to abate the nuisance.
B. If within five days of the issuance of the warning notice the director determines that the barking, howling or other sound or cry was provoked or that such barking, howling or other sound or cry was not excessive, unrelenting or habitual, the director shall cause the warning notice to be voided and the responsible party to whom it was issued to be so notified. In the event a warning notice has been voided, such warning notice shall not be considered as having been issued for the purposes of Sections 6.20.080, 6.20.130, or 6.20.150 of this chapter.
(Ord. 878, § 7, 1-6-2009)
Created: 2023-01-31 18:14:34 [EST]
(Supp. No. 80, Update 1)
6.20.080 Declaration of complaint of noisy animal and petition for administrative hearing.
A. When the director receives a subsequent verbal or written complaint concerning a noisy animal at the same location within twelve (12) months after the issuance of a warning notice, the director shall determine whether there is a violation of this chapter. If there is a violation of this chapter, a declaration of complaint of noisy animal and petition for administrative hearing ("declaration of complaint and petition") shall be issued by the director to the complaining party. The complaining party shall be informed that further action may not be warranted if the responsible party is incompliance with subsection B. of Section 6.20.060 of this chapter, but in any case, no further action can be taken until the completed declaration of complaint and petition is received by the director.
B. The declaration of complaint and petition shall be completed under penalty of perjury by the complaining party and returned within ten (10) days to the director.
C. The director, upon receipt of a timely executed declaration of complaint and petition, shall set the case for hearing before an administrative hearing officer. The hearing shall be set at least ten (10) days from the date the declaration of complaint and petition is received and no more than thirty (30) days after the date the declaration of complaint and petition is received. The director shall notify the complaining party and responsible party of the date, time, and place for the hearing. The notice of hearing shall advise the complaining party and responsible party that they may present evidence at the hearing through witnesses and documents. The notice of hearing shall be accompanied by a copy of the completed declaration of complaint and petition. The notice of hearing shall be personally served or served by mail on all parties. If the notice of hearing cannot be mailed or safely served by personal service or reasonable attempts at personal service have failed, then it may be posted upon the premises where the animal is kept. (Ord. 878, § 8, 1-6-2009)
6.20.090 Administrative hearing officer.
A determination whether an animal is violating this chapter shall be made by an administrative hearing officer. The administrative hearing officer shall have the power to hear testimony from witnesses, including complainants, peace officers, animal control officers, or other witnesses or parties including the responsible party, to determine whether the maintenance of the animal is a public nuisance and to order the abatement of such nuisance by taking such actions as set forth in this chapter. (Ord. 878, § 9, 1-6-2009)
6.20.100 Administrative abatement hearing regarding noisy animal.
The hearing before the administrative hearing officer shall be open to the public. The administrative hearing officer may admit all relevant evidence, including incident reports and affidavits of witnesses. The administrative hearing officer may decide all issues even if the responsible party for the animal fails to appear at the hearing. If the complaining party fails to appear at the hearing and the investigating animal control officer does not have personal knowledge of the noisy animal, the complaint shall be dismissed. The administrative hearing officer may find, upon a preponderance of the evidence, that the animal is a noisy animal and the maintenance of such noisy animal is a public nuisance. Upon the conclusion of the hearing, the administrative hearing officer may orally announce the decision as to whether the animal is a noisy animal. (Ord. 878, § 10, 1-6-2009)
Created: 2023-01-31 18:14:34 [EST]
(Supp. No. 80, Update 1)
6.20.110 Determination and order.
Within ten business days after the conclusion of the hearing, the administrative hearing officer shall, by certified mail, return receipt requested and by posting upon the premises where the animal is kept, notify the responsible party of the administrative hearing officer's determination and any orders issued. The order shall be called and administrative abatement order. If the administrative hearing officer determines that the animal is a noisy animal and the maintenance thereof, a public nuisance, the responsible party shall comply with the administrative hearing officer's order within five days after the date of mailing and posting of the determination and order. The decision of the administrative hearing officer shall be final. (Ord. No. 878, § 11, 1-6-2009; Ord. No. 878.1, § 1, 7-7-2016)
6.20.120 Administrative abatement measures.
The administrative hearing officer may, as part of his determination that the animal is a noisy animal and a public nuisance, direct the responsible party to perform one or more of the following actions:
A. Containment of the noisy animal within an enclosed building on the premises of the responsible party; B. Require that the noisy animal wear a noise suppression device obtained at the expense of the responsible party to reduce or eliminate the noise creating the nuisance; C. Require that the noisy animal undertake obedience training designed to abate the nuisance problem when appropriate and under the conditions imposed by the administrative hearing officer and at the expense of the responsible party;
D. Restrict the time of day, days of the week and duration when the animal may be placed out-of-doors on the premises of the responsible party;
E. Require the noisy animal be debarked at the expense of the responsible party; F. Require the responsible party to permanently remove the noisy animal from said property; G. Any other reasonable means to accomplish the abatement of the nuisance. (Ord. 878, § 12, 1-6-2009)
6.20.130 Failure to comply with administrative order.
It is unlawful for any responsible party to fail, neglect or refuse to comply with an administrative abatement order of the administrative hearing officer within the time specified in said order. Should any party subject to the administrative abatement order fail to comply with the order, in whole or in any part thereof, that party or those parties may be subject to administrative remedies to enforce the administrative abatement order as set forth in this chapter, including administrative citations and penalties, and any other lawful means necessary to gain compliance, including a civil action.
(Ord. 878, § 13, 1-6-2009)
6.20.140 Civil action.
In the event any person shall fail, neglect or refuse to comply with an administrative abatement order of the administrative hearing officer within the time specified in said order and the public nuisance continues to exist, a civil action may be commenced to obtain the abatement of the noisy animal public nuisance.
Created: 2023-01-31 18:14:34 [EST]
(Supp. No. 80, Update 1)
(Ord. 878, § 14, 1-6-2009)
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 hearing officer. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties. a. Administrative hearing officer's order. If the public nuisance is not corrected within the period stated in the administrative abatement order, an administrative citation may be issued by a county animal control officer.
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 this 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. If the responsible party who has violated the ordinance is present at the scene of the violation, the animal control officer shall attempt to obtain the responsible party's signature on the administrative citation and shall deliver a copy of the administrative citation to the responsible party.
2. If no one can be located at the property where the noisy animal is located, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy mailed by certified mail, return receipt requested to the responsible party or other person who has violated the ordinance. The citation shall be mailed to the property address and/or the address listed for the property owner on the last county equalized assessment roll. The citation shall also be mailed to any additional address for the responsible party in department of animal services records.
3. The failure of any interested person to receive the citation shall not affect the validity of the proceedings.
d. Administrative penalties.
1. The penalties assessed for each violation of the administrative abatement order issued by the administrative hearing officer 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;
Created: 2023-01-31 18:14:34 [EST]
(Supp. No. 80, Update 1)
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 the 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.
e. Administrative appeal of administrative citation.
1. Written appeal. The recipient of an administrative citation may appeal the citation by submitting a written appeal with the department of animal services. The written appeal must be submitted within twenty (20) days of the date stated on the administrative citation. Failure to submit a written appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The written appeal shall contain the following information:
i. A brief statement setting forth the appellant's reasons for the appeal, including, but not limited to, 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;
ii. The written appeal shall also include a check or money order as a deposit for the total penalty amount as shown on the citation. A successful appeal will result in a full refund of the penalty amount placed on deposit. Appeals received without the full deposit will not be accepted.
2. Administrative appeal hearing for appeal of administrative citation. Upon a timely written request by the appellant, an administrative appeal hearing for appeal of an administrative citation shall be held as follows:
i. Notice of hearing. Notice of the administrative appeal hearing for appeal of an administrative citation shall be given at least ten (10) days before the hearing to the person requesting the hearing. The notice may be personally delivered or mailed to the appellant at the address to which the citation was mailed, unless a new address is provided in the written appeal at which the appellant agrees notice of any additional proceeding or an order relating to the administrative penalty may be received by mail. ii. Hearing officer. The administrative hearing for appeal of an administrative citation shall be held before the director. The hearing officer shall not be the investigating animal control officer who issued the administrative citation or his immediate supervisor. Nor shall the administrative hearing for appeal of the administrative citation be held before the administrative hearing officer that issued the administrative abatement order concerning the noisy animal pursuant to Section 6.20.110. The director may contract with a qualified provider to conduct the administrative hearings for appeals of administrative citations 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 appeal hearing. 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 appeal hearing, the hearing officer shall make
Created: 2023-01-31 18:14:34 [EST]
(Supp. No. 80, Update 1)
his determination based on the information contained in the written appeal. The purpose of the administrative appeal hearing as allowed under this section is to appeal the administrative citation. The hearing officer cannot reconsider the administrative abatement order that declared the noisy animal a public nuisance. iv. Hearing officer's decision. The hearing officer's decision regarding appeal of the administrative citation following the administrative appeal hearing may be personally delivered to the person requesting the hearing or sent by mail. The hearing officer's decision shall contain instructions 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. i. 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 fee for filing the notice of appeal is twenty-five dollars ($25.00). The failure to file the appeal and to pay the filing fee 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. ii. 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. The purpose of the appeal hearing as allowe d under this section is to appeal the decision of the administrative hearing officer with regard to the administrative citation and/or amount of the administrative penalty assessed. The hearing officer cannot reconsider the administrative abatement order that declared the noisy animal a public nuisance.
iii. Judgment. The court shall retain the twenty-five dollar ($25.00) 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 by the department of animal services in accordance with the judgment of the court. If the court finds in favor of the department of animal services, the amount of the fee deposited by the contestant shall be retained by the department of animal services in accordance with the judgment of the court.
(Ord. 878, § 15, 1-6-2009)
6.20.160 Not exclusive remedy.
The provisions of this chapter are to be construed as an added remedy of abatement of the nuisance hereby declared and not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law.
Created: 2023-01-31 18:14:34 [EST]
(Supp. No. 80, Update 1)
(Ord. 878, § 16, 1-6-2009)
Chapter 6.24 BURROS
6.24.010 Findings.
The board of supervisors finds that the population growth of undomesticated burro herds, and the increased urbanization of the county, has resulted in an increase in injured wild burros from traffic accidents within the county.
A. The herds have migrated into populated areas using rail lines and roadways seeking food that is provided by well-meaning people. Food that is made available in more populated areas reduces or eliminates the burros' fear of humans and cars and encourages the burros to abandon their natural instinct to graze.
B. The change in the food seeking behaviors of the burros because of these well-meaning people presents a safety issue for the residents, and burros of the county.
C. The burros continue to move further into populated areas in search of food resulting in an increase in traffic accidents with serious injuries to citizens, burros, and the infrastructure of roadways and regional rail lines.
D. In an attempt to bring this problem under control, it is necessary to (1) prohibit feeding, or providing food in any manner, to burros that are not within the legal possession of that person, (2) prohibit the harassment of the animals to reduce the human interaction that has resulted in the burros abandoning their grazing grounds.
(Ord. No. 934, § 1, 6-20-2017)
6.24.020 Purpose.
The purpose of this chapter is to establish reasonable and uniform regulations to protect the undomesticated burro population by encouraging the instinctual behavior of the undomesticated burros by reducing human interactions with them. This purpose will be fulfilled by enforcing restrictions on human and undomesticated burro interactions and will be enforced with infractions and administrative penalties and the resulting fines.
(Ord. No. 934, § 2, 6-20-2017)
6.24.030 Authority.
This chapter is adopted pursuant to the authority granted by Article 11, Section 7 of the Constitution of the State of California, Section 2156 And Section 4600 of the California Fish and Game Code, Section 53074.5 of the Government Code, and the California Code of Regulations, Title 14, Division 1, Section 251.1 regarding the harassment of animals.
Generally the area of fish and game has been preempted by the state, however, Fish and Game Code Section 2156 authorizes regulation of fish and game by local government in situations where the enacted ordinances relating to the possession or care of wild animals are more restrictive than the regulations. This chapter is based on a regulation of the Department of Fish and Game, 14 CA ADC § 251.1, which was sought by San Bernardino and Riverside Counties, and prohibits the harassment, including feeding of, undomesticated mammals, or birds. This
Created: 2023-01-31 18:14:34 [EST]
(Supp. No. 80, Update 1)
chapter is more restrictive than the regulation because it is specific to the county burros and focuses on prohibiting feeding as its primary objective, with a secondary goal of prohibiting the harassment as set forth in the regulation. The chapter is not duplicative of state law, or preempted by state legislation. (Ord. No. 934, § 3, 6-20-2017)
6.24.040 Exemptions.
This chapter shall not apply to:
A. Animal rescue operation or animal rescuer that the county authorizes to assist the department of animal services in the care and relocation of the undomesticated burro herds.
B. A landowner or tenant who drives or herds mammals for the purpose of preventing damage to private or public property, including aquaculture and agriculture crops. Such a person must notice the department of animal services of their action as soon as they are reasonably able. (Ord. No. 934, § 4, 6-20-2017)
6.24.050 Definitions.
As used in this chapter, the following terms shall have the following words.
A. "Animal rescuer." As defined in Section 6.08.10, subsection B.
B. "Animal rescue operation." As defined in Section 6.08.10, subsection C.
C. "Feeding." The intentional act of providing food to any wild burro by a person.
D. "Harass." An intentional act which disrupts an animal's normal patterns, which includes, but is not limited to, breeding, feeding or sheltering.
E. "Person." Any person, firm, cooperation, association, society or other organization.
F. "Providing food." The intentional act of making food for wild burros available in any location in the unincorporated area of the county without the approval of the county.
G. "Undomesticated burro." As defined in California Government Code § 53074.5; a wild burro or a burro which has not been tamed or domesticated for a period of three years after its capture and is not protected by the federal government under the federal Wild Free-Roaming Horses and Burros Act. (Ord. No. 934, § 5, 6-20-2017)
6.24.060 Feeding of undomesticated burros.
Except as provided in Section 6.24.060 of this chapter, it is unlawful for any person to feed, or in any manner, provide food to any burro that is not owned or lawfully possessed by that person. (Ord. No. 934, § 6, 6-20-2017)
6.24.070 Harassment of animals.
Except as otherwise authorized in this chapter or in the Fish and Game Code and regulations promulgated pursuant thereto, no person shall feed, harass, herd, drive capture, keep, or attempt to domesticate, any undomesticated burro.
Created: 2023-01-31 18:14:34 [EST]
(Supp. No. 80, Update 1)
(Ord. No. 934, § 7, 6-20-2017)
6.24.080 Enforcement.
A. The animal services director shall supervise the administration and enforcement of this chapter and the laws of the state pertaining to the care and control of animals.
B. The animal services director may post signs advising the public that feeding undome sticated burros is prohibited by this chapter and the California Code of Regulations, Title 14, Division 1, Section 251.1 regarding the harassment of animals.
C. 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 provide assistance to the County in providing care for undomesticated burros.
D. 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 in Section 6.08.08.
E. 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. 934, § 8, 6-20-2017)
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
Created: 2023-01-31 18:14:34 [EST]
(Supp. No. 80, Update 1)
(Ord. No. 934, § 9, 6-20-2017)
6.24.100 Severability.
If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable. (Ord. No. 934, § 10, 6-20-2017)