2018-252 Animal Law ORDINANCE NO. 2018-252
AN ORDINANCE OF THE CITY OF MENIFEE AMENDING TITLE 10 OF
THE CITY OF MENIFEE MUNICIPAL CODE TO ESTABLISH
REGULATIONS FOR THE KEEPING, MAINTENANCE, AND
POSSESSION OF DOGS, CATS, FOWL, AND OTHER ANIMALS AND
PROVIDING FOR THE CONTROL, LICENSING, AND WELFARE
THEREOF.
WHEREAS, the City of Menifee ("City") currently relies on Riverside County
ordinances to regulate the keeping, maintenance, or possession of dogs, cats, fowl, or other
animals; and
WHEREAS, the City currently utilizes Riverside County ordinances to provide for the
control, licensing, and welfare of dogs, cats, fowl, and other animals; and
WHEREAS, the adoption of a City ordinance regulating the keeping, maintenance, and
possession of dogs, cats, fowl, and other animals within the City shall improve the public health,
safety, and welfare of the animals and residents; and
WHEREAS, the adoption of the ordinance shall alleviate nuisances related to the
keeping of dogs, cats, fowl, and other animals in the City; and
WHEREAS, the adoption of this ordinance shall provide the City with greater ability to
regulate and enforce laws against violators; and
WHEREAS, the adoption of this ordinance shall alleviate costs incurred by the City
related to the enforcement of laws, animal cleanup, and animal healthcare services.
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain
as follows:
Section 1. Recitals Incorporated. The above recitals are true and correct and are
incorporated herein.
Section 2. Adoption of Title 10: Animals. This Animal Law Ordinance No. 2018-252 is
fully detailed in Exhibit A and which is incorporated herein by this reference.
Section 3. Conflicting City Ordinances Superseded as to Animal Law Ordinance. If any
section of the City of Menifee Municipal and/or Zoning Codes conflicts with any provision of this
Animal Law Ordinance that section of the City of Menifee Municipal and/or Zoning Codes are
superseded.
Section 4. Effective Date of Ordinance. This Animal Law Ordinance No. 2018-252 shall
take effect and be in full force and operation thirty (30)days after its second reading and adoption.
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Section 5. California Environmental Quality Act (CSA). Pursuant to Section 15061,
subdivision (b)(3) of Title 14 of the California Code of Regulations,the Ordinance is exempt from
CEQA, because the "activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. Where it can be seen
with certainty that there is no possibility that the activity in question may have a significant effect
on the environment, the activity is not subject to CEQA."
Section 6. Severability. If any section, subsection, subdivision, sentence, clause,phrase, or
portion of this Animal Law Ordinance is, for any reason, held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Animal Law Ordinance. The City Council hereby declares that it
would have adopted this Animal Law Ordinance, and each section, subsection subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
Section 7. City Clerk Action. The City Clerk is authorized and directed to cause this
Animal Law Ordinance to be published within fifteen (15) days after its passage in a newspaper
of general circulation and circulated within the City in accordance with Government Code
Section 36933, subdivision (a) or, to cause this Ordinance to be published in the manner required
by law using the alternative summary and posting procedure authorized under Government Code
Section 36933, subdivision (c).
This Ordinance was introduced and read on the seventh day of November, 2018 and PASSED and
APPROVED this fifth day of December, 2018.
Bill Zimmer n, Mayor
ATTEST:
gSar .*Manwaring, ity Clerk
Approved as to form:
i
J e . Melching, City(!�rney
2
GtiTy 01,
/r
MENIFEE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Ordinance No. 2018-252 was introduced by title on the 7th of November, 2018 and duly
adopted by the City Council of the City of Menifee at a meeting thereof held on the 5th of
December, 2018 by the following vote:
Ayes: August, Denver, Liesemeyer, Sobek, Zimmerman
Noes: None
Absent: None
Abstain: None
J
6Sa ah A. Manwaring, City Clerk
EXHIBIT A
TITLE 10: ANIMALS
10.01 Animals Generally
10.02 Crowing Fowl
10.03 Mandatory Alerting and Licensing of Miniature Pigs
10.04 Dogs and Cats
10.05 Abandoned,Neglected and Cruelly Treated Animals
10.06 Potentially Dangerous and Dangerous Animals
10.07 Noisy Animals
CHAPTER 10.01: ANIMALS GENERALLY
Sections:
10.01.01 Definitions.
10.01.02 Animals or fowl at large prohibited.
10.01.03 Exemption.
10.01.04 Impounding animals.
10.01.05 Disposition of rabid or disabled animals.
10.01.06 Disposition of impounded bovine animals, horses, mules or burros.
10.01.07 Disposition of other impounded animals.
10.01.08 Notice of sale.
10.01.09 Sale of animals.
10.01.10 Proceeds of sale.
10.01.11 Redemption of animals by owner.
10.01.12 Costs of redemption.
10.01.13 Authorization to enter upon private property.
10.01.14 Impoundment hearing.
10.01.15 Forfeiture and disposition.
10.01.16 Enforcement of Title.
SECTION 10.01.01: 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:
A. "Animal" means and includes any domestic bovine animal, horse, mule, burro,
sheep, goat, swine or other domestic animal except a dog or cat.
B. "Animal Services Director" or "Director" means the City Manager of the City of
Menifee or his or her duly authorized representative.
C. "At large"means off the premises of,and not under physical restraint,by,the owner
or other person having charge of an animal.
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D. "Fowl"means and includes any chicken,duck,turkey, goose,peafowl,guinea fowl,
or other domestic fowl of any sex.
E. "Health Officer" means the Health Officer of the County of Riverside or his or her
duly authorized representative.
SECTION 10.01.02: 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.
SECTION 10.01.03: Exemption.
This chapter shall not prohibit leading, driving, riding or conducting animals under
adequate supervision along a public highway.
SECTION 10.01.04: Impounding animals.
Subject to the provisions contained in 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 Director may contract with any person to
keep, feed and care for any such animal at reasonable rates for not more than twenty (20)days.
SECTION 10.01.05: Disposition of rabid or disabled animals.
If it shall appear to the Director 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 other 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 within a reasonable
amount of time.
SECTION 10.01.06: Disposition of impounded bovine animals, horses, mules or burros.
Upon impounding of any bovine animal, horse, mule or burro, the Director shall comply
with Food and Agriculture Code section 17003 and immediately notify the Secretary of Food and
Agriculture.
SECTION 10.01.07: Disposition of other impounded animals.
If any animal other than a domestic bovine animal, horse, mule or burro, and except an
animal afflicted with rabies, impounded by the Director, is not reclaimed within two days
thereafter,it shall be sold by the Director after giving notice of sale in accordance with this section.
SECTION 10.01.08: 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 Director shall cause a copy of the
notice to be published in a newspaper circulated in the area where the animal was found and shall
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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.
SECTION 10.01.09: Sale of animals.
At the time and place set forth in the notice of sale, the Director shall sell the impounded
animal at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the
Director may sell such animal at private sale or humanely destroy such animal, or otherwise
dispose of it as permitted by law.
SECTION 10.01.10: Proceeds of sale.
The proceeds of such sale, after first deducting fees and charges of the Director, including
costs of sale, shall be paid by the Director to the city treasurer who shall pay then over to the owner
of such animal sold if claimed within one year thereafter. If not so claimed,they shall be transferred
into the general fund of the City.
SECTION 10.01.11: 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 Director all fees and
charges thereon.
SECTION 10.01.12: Costs of redemption.
The Director shall charge and collect from each person redeeming an unaltered impounded
animal an impounding fee set by the City Council via resolution, 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 fees set by the City Council via resolution for subsections
A through H of this section.
The Director shall charge and collect from each person redeeming an altered impounded
animal an impounding fee set by the City Council by resolution, 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 fees set by the City Council via resolution for subsections A through G of this section.
A. For the maintenance of swine, goats and sheep: per animal, for each day of
impoundment;
B. For the maintenance of horses and cattle:per animal,for each day of impoundment;
C. For the maintenance of fowl: per animal, for each day of impoundment;
D. For the taking up of large-sized animals, such as horses, cattle, and ponies: per
animal;
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E. For the taking up of medium-sized animals, such as swine, goats, and sheep: per
animal;
F. For the taking up of small-sized animals, such as rabbits and guinea pigs: per
animal;
G. For the taking up of animals after normal business hours. 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 set by the City Council by resolution and updated from time
to time.
SECTION 10.01.13: 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: (1) without the consent of
the property owner or the person having lawful possession thereof; or (2) 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(3) except as may otherwise be prescribed by law.
SECTION 10.01.14: 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.
SECTION 10.01.15: 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 City Council.
B. Any animals adjudged forfeited under the provisions of Penal Code section 597,
shall be disposed.
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C. Fees for the disposal of dogs, cats, fowl, and all other animals shall be set by the
City Council via resolution which may be updated from time to time.
SECTION 10.01.16: Enforcement of Title.
This Title 10: Animals, may be enforced by animal control officers, the Health Officer,
peace officers of the City of Menifee, and any other individual designated by the Director.
Individuals authorized to enforce this Title shall have all the rights and responsibilities outlined in
Title 9.
CHAPTER 10.02: FOWL
Sections:
10.02.01 Fowl.
10.02.02 Violation; penalty.
SECTION 10.02.01: Fowl.
Any person owning, keeping or maintaining seven (7) or more fowl, two months of age or
older shall house such fowl in an acoustical structure between sunset and sunrise, so as to reduce
the noise emitted by such fowl during nighttime hours. The noise reduction 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 fowl shall be furnished
an adequate supply of water and feed.
SECTION 10.02.02: 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 fines as set by the City Council via resolution
which may be updated from time to time.
CHAPTER 10.03: MANDATORY ALTERING AND LICENSING OF MINIATURE PIGS
Sections:
10.03.01 Mandatory altering and licensing of miniature pigs.
10.03.02 Violation; penalty.
SECTION 10.03.01: Mandatory altering and licensing of miniature pigs.
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 City, 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
animal services 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.
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Licenses shall be issued upon payment of the fees as set by the City Council via resolution
to animal services.
SECTION 10.03.02: 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 fines as set by the City Council via resolution
which may be updated from time to time. Each day a violation is committed or permitted to
continue shall constitute a separate 1 offense.
Notwithstanding the foregoing, a first and any subsequent violation of the ordinance
codified in this chapter may be charged and prosecuted as a misdemeanor.
CHAPTER 10.04: DOGS AND CATS
Sections:
10.04.01 Definitions.
10.04.02 Mandatory dog licensing and vaccination.
10.04.03 Control of unspayed and unaltered cats.
10.04.04 Optional licensing for cats.
10.04.05 Mandatory licensing of kennels and catteries; violation; penalty.
10.04.06 Animal rescuer.
10.04.07 Denial, suspension, revocation and appeal of kennel or Cattery License.
10.04.08 Duties and powers of animal control officers.
10.04.09 Entry upon private property.
10.04.10 Capture of dogs running at large.
10.04.11 Impounded dogs and cats and service fees.
10.04.12 Spay/neuter deposits for dogs and cats.
10.04.13 Mandatory spaying and neutering.
10.04.14 Mandatory microchipping of dogs and cats.
10.04.15 Public spay and neuter clinics.
10.04.16 Stray or barking dogs.
10.04.17 Cat trapping.
10.04.18 Rabies suppression, control and quarantine.
10.04.19 Placement requirements.
10.04.20 Prohibition of sales or the giving away of dogs and cats on public property
10.04.21 Enforcement.
10.04.22 Violation; penalty.
10.04.23 Administrative citations and penalties.
10.04.24 Recoupment of enforcement costs.
10.04.25 Public nuisance.
10.04.26 Adjustments of fees.
10.04.27 Waiver of fees.
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SECTION 10.04.01: Definitions.
Whenever, in this chapter or in any resolution or standard adopted by the City Council
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.
A. "Altered" means a male animal that has been neutered or a female animal that has
been spayed. Also referred to as a sterile animal.
B. "Dog or cat rescue operation"means any building, structure, enclosure or premises
run by an animal rescuer, which is a valid nonprofit corporation formed under the
provisions of the California Corporations Code for the prevention of cruelty to
animals,which meets all requirements and standards set forth in this section.
C. "Dog or cat rescuer"means any individual possessing a rescue permit from 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.
D. "At large" means any dog which is off the premises of its owner, custodian or
caretaker and which is not under physical restraint by a leash of a size and material
appropriate to the size and temperament of the dog and which is held by a person
capable of restraining such dog, or is not otherwise physically restrained by some
other device or instrumentality, except that such device or instrumentality shall not
include voice control,eye control or signal control of the dog by any person,device
or instrumentality. At no time shall a leash be longer than 6 feet in length and the
leash must always be held by the owner(or person having control).
E. 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.
F. "Cattery" means 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"means 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 a dog or cat
rescue operation that meets the definition and requirements set forth in this chapter.
H. "Class II Kennel"means 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.A Class II Kennel shall not include a Sentry Dog Kennel or
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a dog or cat rescue operation that meets the definition and requirements set forth in
this chapter.
I. "Class III Kennel" means 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. A Class III Kennel shall not include a Sentry Dog
Kennel or a dog or cat rescue operation that meets the definition and requirements
set forth in this chapter.
J. "Class IV Kennel" means 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. A Class IV Kennel shall not include a Sentry Dog
Kennel or a dog or cat rescue operation that meets the definition and requirements
set forth in this chapter.
K. "Community" means any public entity which is authorized by law to regulate and
control dogs or cats or both.
L. "Custodian" means 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.
M. "Director" means the City Manager or his or her duly authorized representative.
N. "Exigent circumstances" means circumstances in which the officer, in his or 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.
O. "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.
P. "Guide dog"means any dog trained or being reared,trained or used for the purpose
of guiding a blind person.
Q. "Hybrid animal" means 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.
R. "Kennel"means any Class I, Class 11, Class III, Class IV, and Sentry Dog Kennel.
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S. "Impounded" means having been received into the custody of any animal control
center, animal control officer, animal control vehicle, or peace officer duly
authorized by the City to receive such animal.
T. "Incapable of breeding" means 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 I by the veterinarian must be provided upon
demand.
U. "Owner"means 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.
V. "Person" means any individual, firm, business, partnership, joint venture,
corporation, limited liability company, profit or nonprofit association, club, or
organization.
W. "Public entity"means any state, or any political subdivision,municipal corporation
profit or nonprofit or agency thereof.
X. "Sentry dog"means 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."
Y. "Sentry Dog Kennel" means any building structure, enclosure, or premises
whereupon, or within which, five or more guard or sentry dogs are kept or
maintained.
Z. "Service dog" means any dog, and in some cases described below, a miniature
horse, being reared, trained or used for the purpose of performing tasks for the
benefit of an individual with a disability,including a physical, sensory,psychiatric,
intellectual, or other mental disability. Other species of animals, whether wild or
domestic, trained or untrained, are not service animals for the purposes of this
definition.The work or tasks performed by a service animal must be directly related
to the individual's disability.Examples of work or tasks include,but are not limited
to,assisting individuals who are blind or have low vision with navigation and other
tasks, alerting individuals who are deaf or hard of hearing to the presence of people
or sounds, providing non-violent protection or rescue work, pulling a wheelchair,
assisting an individual during a seizure, alerting individuals to the presence of
allergens, retrieving items such as medicine or the telephone, providing physical
support and assistance with balance and stability to individuals with mobility
disabilities, and helping persons with psychiatric and neurological disabilities by
preventing or interrupting impulsive or destructive behaviors. The crime deterrent
effects of an animal's presence and the provision of emotional support,well-being,
comfort, or companionship do not constitute work or tasks for the purposes of this
definition.
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1. Miniature horses may be considered "service dogs" if the miniature horse
has been individually trained to do work or perform tasks for the benefit of
the individual with a disability and meets the requirements of section 3 5.13 6
of Title 28 of the Code of Federal Regulations.
AA. "Signal dog"means 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.
BB. "Unlicensed dog"means any dog for which no valid license is currently in force.
CC. "Unaltered and unspayed"means 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. "Vaccination" means an inoculation against rabies of any
dog or cat, four months of age or older,with any vaccine prescribed for the purpose
by the California Department of Health Services.
DD. "Veterinarian" means a person holding a currently valid license to practice
veterinary medicine issued by the state of California pursuant to Chapter 11 of the
California Business and Professions Code.
EE. "Vicious dog/vicious cat"means 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.
SECTION 10.04.02: Mandatory dog licensing and vaccination.
A. Except as provided in this section, it is unlawful for any person to own, harbor or
keep any dog, four months of age or older, within the City of Menifee 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 City of Menifee such purpose and the
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, four months of age or
older, within the City of Menifee , for a period longer than thirty (30) days, which
has not been vaccinated against rabies. Every person in the City of Menifee who
owns, harbors or keeps any dog over four months of age for a period longer than
thirty (30) days shall have such dog vaccinated against rabies as provided in this
chapter,by a veterinarian of his or her 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
in triplicate in the form required by the Director. The veterinarian shall keep one
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copy, shall give one copy to the owner of the vaccinated dog and shall send one
copy to the animal services.
D. The Director shall issue a license only upon presentation of a certificate of
vaccination indicating therein that the date of 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 specified in subsection F
of this section; provided, however, that where the vaccinated dog is between the
ages of four months and twelve (12) months, the period of vaccination immunity
required for licensing shall be as specified in Title 17, California Administrative
Code, section 2606.4.
E. Notwithstanding the provisions of subsections B and D of this section, 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
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 Director
shall issue a license for such dog upon approval of the request for vaccination
deferral and payment for the applicable license fee specified in subsection F of this
section. 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 subsection D of this section.
F. Subject to the provisions of this section, licenses shall be issued upon payment of
the following fees, as set by the City Council via resolution and which may be
updated from time to time:
1. License valid for one year from date of issuance, for each sterile dog,
accompanied by a certificate signed by a veterinarian that said dog is
permanently unable to reproduce.
2. License valid for one year from date of issuance, for each dog to which the
provisions of subsections (F)(1) and (7) of this section are not applicable.
3. License valid for two years from date of issuance, for each sterile dog,
accompanied by a certificate signed by a veterinarian that the dog is
permanently unable to reproduce.
4. License valid for two years from date of issuance, for each dog to which the
provisions of subsections (F)(3) and (8) of this section are not applicable.
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5. License valid for three years from date of issuance, for each sterile dog,
accompanied by a certificate signed by a veterinarian that the dog is
permanently unable to reproduce.
6. License valid for three years from date of issuance, for each dog to which
the provisions of subsections (F)(5) and (9) of this section are not
applicable.
7. License valid for one year from date of issuance,for each sterile dog,which
is owned by a person sixty (60) years of age or older, and is accompanied
by a certificate signed by a veterinarian that the dog is permanently unable
to reproduce.
8. License valid for two years from the date of issuance, for each sterile dog,
which is owned by a person sixty (60) years of age or older, and is
accompanied by a certificate signed by a veterinarian that the dog is
permanently unable to reproduce.
9. License valid for three years from the date of issuance, for each sterile dog,
which is owned by a person sixty (60) years of age or older, and is
accompanied by a certificate signed by a veterinarian that the dog is
permanently unable to reproduce.
10. Dangerous animal registration as required by the City of Menifee Municipal
Code.
G. No fee shall be required for a license for 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 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 disabled. However
this provision does not remove the owner's responsibility to vaccinate the dogs
against rabies and attach a current license tag to the dog's collar.Whenever a person
applies for an assistance dog identification tag,the person shall sign an affidavit as
defined in California Food and Agriculture Code, section 30850(b).
H. No fee shall be required for a license for any dog owned by a public entity.
I. Each license specified in this section shall be valid for the period specified in this
section 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
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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, in addition to the
applicable license fee, a late fee as set by the City Council via resolution and which
may updated from time to time.
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 by 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 as set
by the City Council via resolution and which may updated from time to time.
M. Notwithstanding the provisions of subsection A of this section, where a person
moves into the City of Menifee 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 shall be deemed valid for a period of one year from
the date such person moves into the City of Menifee 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, in addition to the applicable license fee, a late
fee as set by the City Council via resolution and which may updated from time to
time.
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 fee as set by the City Council via resolution and which may updated
from time to time.
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.
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P. It is 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.
SECTION 10.04.03: Control of unspayed and unaltered cats.
It is unlawful for any person to own, harbor or keep any unspayed or unaltered cat four
months of age or older within the City of Menifee.
SECTION 10.04.4 Optional licensing for cats.
An owner of a cat may be issued a license and tag for such cat upon presentation to the
Director of a certificate of vaccination signed by a veterinarian certifying that such a cat has been
vaccinated, and upon the payment of a license fee as set by the City Council via resolution which
may be updated from time to time. The license shall be valid for the period of immunity indicated
in the certificate of vaccination.
SECTION 10.04.05: Mandatory licensing of kennels and catteries; violation; penalty.
A. No person shall operate or maintain a Class I Kennel, Class II Kennel, Class III
Kennel, Class IV Kennel, Sentry Dog Kennel or Cattery without first obtaining
(1) an appropriate license from animal services; and (2) land use approval from
the City. Such 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 this section.
B. The Class I Kennel, Class II Kennel, Class III Kennel, Class IV Kennel, Sentry
Dog Kennel and Cattery license fees, and late fees, shall be as set out below. If an
application for a license or renewal of a license is made more than thirty (30) days
after the date such license is required or such previous license has expired, a late
fee of fifty percent (50%) of the applicable fee shall be added.
Kennel License
Kennel License fees for Class 1, Class Il, Class I11, Class IV, and Sentry Dog Kennel licenses shall
be set by the City Council via resolution and may be updated from time to time.
Cattery License
Cattery license fees shall be set by the City Council via resolution and may be updated from time
to time.
C. Application for any Kennel or Cattery license shall be filed with the Director on a
form prescribed by him or her not later than ten (10) days after obtaining written
verification from the City of Menifee planning department that the operation of the
Kennel or Cattery is in compliance with the applicable provisions of the City Code.
The application form, when completed, shall contain such information as may
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reasonably be required by the Director for the purposes of enforcement of this
chapter, including but not limited to 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 from the subject
Kennel or Cattery. 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.
D. After receipt of any Class I, Class II, Class III, Class IV, and Sentry Dog Kennel or
Cattery license application, the Director 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 City and the
applicable conditions set forth in the standards for kennels and catteries adopted by
resolution of the City Council.Notwithstanding any other provision of this chapter,
the Director or the City of Menifee Community Development Director may,in their
respective discretion,limit the numbers 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.
E. Notwithstanding any other provision of this chapter, the Director is authorized to
enter upon and inspect the premises of any Kennel or Cattery located in the City
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 subsection C of this section.As a condition of the issuance of a Kennel
or Cattery license, each owner and operator of a Kennel or Cattery 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.
F. A nonprofit corporation formed pursuant to the provisions of the California
Corporations Code commencing with section 10400 for the prevention of cruelty
to animals, shall be required to pay a fee for the licenses.
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G. A violation of this section shall be punishable as follows:
1. Any person violating any provision of this section shall be deemed guilty
of an infraction or misdemeanor as hereinafter specified. Such person shall
be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of any of the provisions of this section
is committed, continued or permitted.
2. Any person convicted of a violation of this section shall be guilty of an
infraction offense and punished by a fine as set by the City Council via
resolution which may be updated from time to time. Multiple violations on
the same site shall be punishable by a fine not exceeding an amount set by
the City Council which may be updated from time to time, six months in
jail, or both.
3. Notwithstanding the above, a first offense may be charged and prosecuted
as a misdemeanor. Payment of any penalty herein shall not relieve any
person from the responsibility for correcting the violation.
SECTION 10.04.06: Dog or cat rescuer
A. Any person engaged in the rescue of dogs or cats shall first obtain a rescue license
from animal services and shall meet all requirements for a Kennel/Cattery License.
1. For a rescuer maintaining five (5) to ten (10) dogs on a parcel, the rescuer
shall obtain a Class I Kennel/Cattery license.
2. For a rescuer maintaining eleven (11) or more dogs, a Class II Kennel
license is required.
3. For a rescuer maintaining ten (10) or more cats, a Cattery license.
B. The fee for a Kennel/Cattery license as a rescue facility shall be set by the City
Council and may be updated from time to time.
C. A dog or cat rescuer may keep a maximum of four (4) personal (not for adoption
or sale) dogs and nine (9) personal (not for adoption or sale) cats and must include
these animals as "personal pets" on the dog or cat rescue license application.
D. Personal dogs(not for adoption or sale)shall be individually licensed in accordance
with this chapter.
E. A licensed rescuer obtaining dogs or cats from a shelter facility pursuant to
Section 10.04.11 shall not be subject to the payment of impound fees and charges
specified in Section 10.04.11, but shall be subject to the spay/neuter deposit
specified in Section 10.04.13.
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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 dog or cat must be altered
within thirty (30) days of receipt by the rescuer.
G. Accurate and complete records of all dogs or cats shall be maintained by the dog or
cat rescuer on forms which will be made available to animal services for inspection
upon request.
H. A dog or cat rescuer may recoup, from the adopting party, the cost of any
inoculations, the cost incurred by having the dog or cat altered prior to adoption,
and any costs related to the treatment of illness or injury.
1. Administration of the dog or cat rescue program shall be the responsibility of the
Director who shall have the authority to issue and revoke dog or cat rescue permits.
SECTION 10.04.07: Denial,suspension, revocation and appeal of kennel or Cattery License.
A. The Director may, in his or 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 or she finds
that a Kennel or Cattery fails to meet any or all of the standards for kennels and
catteries referred to in section or under the City of Code of Menifee or is in violation
of any law of the state of California or any provision of this chapter, any provision
of any other City 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 denial, 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 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 City Council may direct that 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,
nonrenewal, suspension or revocation by filing with the clerk of the City Council
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,nonrenewal, suspension or revocation is improper. Within five days of
the receipt by the clerk of such notice of appeal, the clerk shall set a hearing date
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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) days from the date of 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)days
from the date of mailing of the notice of denial, nonrenewal, 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 forty-five (45) day limit. The appeal shall be heard by the City
Council which may affirm, modify or reverse the denial, nonrenewal, suspension
or revocation. In conducting the hearing, the City Council shall not be limited by
the 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.
D. 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 the
period of pendency the Director may take such action as he or she deems
appropriate under this chapter or any other provision of law respecting the
subject Kennel or Cattery, including but not limited to the abatement of public
nuisances, inspection of the Kennel or Cattery premises, or the prosecution of any
violation of this chapter or any other provision of law not related to the failure of
the subject Kennel or Cattery to be currently and otherwise validly licensed.
SECTION 10.04.08: Duties and powers of animal control officers.
A. It is the duty of all animal control officers within the City or providing services to
the City, to cooperate with and assist the Director, environmental health Director
and/or 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:
1. Receive, take up and impound any dog or other animal found running at
large in violation of this chapter,of any other ordinance or of any law of the
state of California;
2. Issue a warning notice for, citation for, or investigate any violation of any
provisions of any City ordinance, County ordinance, or California law
regarding the care or keeping of animals;
3. Investigate whether a dog is licensed in compliance with the requirements
of this chapter;
4. 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
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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;
5. 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;
6. Follow the provisions of the City of Menifee Section 10.04 in humanely
destroying or giving emergency care to sick or injured animals;
7. Enforce this chapter in a manner consistent with the rights and
responsibilities outlined in Title 9 of the City of Menifee Municipal Code.
B. Any peace officer, animal services officer, the Director, or any other duly
authorized individual charged with the responsibility for enforcement of the
provisions of this chapter, or other ordinance or state law governing animals, may
arrest a person without warrant whenever he or she has reasonable cause to believe
that the person to be arrested has committed an infraction or misdemeanor in his or
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.
C. 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 or her written promise to appear, as
prescribed by California Penal Code section 853.6.
SECTION 10.04.09: Entry upon private property.
Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions
of this chapter are 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: (1)without the express or implied
consent of the property owner or the person having lawful possession thereof; (2)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 (3) except as may otherwise
be expressly or impliedly permitted by law.
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SECTION 10.04.10: 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.
SECTION 10.04.11: Impounded dogs and cats and service fees.
A. An impounded dog or cat may be redeemed upon payment of the fees as set by the
City Council via resolution which may be updated from time to time.
B. The fee for destruction and disposal of any dog, cat, or small animal in accordance
with any provision of this chapter, shall be set by the City Council via resolution
which may be updated from time to time.
C. 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.
D. Any officer acting under the provisions of this chapter and impounding a licensed
dog pursuant to this chapter or a licensed cat, shall give written notice by first class
mail, postage prepaid, to the last known address of the owner, of the impounding
of such dog or cat. If such dog or cat is not redeemed within ten(10) 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 subsection G of this section, or
shall destroy such dog or cat.
E. Upon impounding an unlicensed dog pursuant to this chapter or an unlicensed cat,
the officer shall give notice to the owner, if the owner and his or her whereabouts
are known, of the impounding of such dog or cat. If such dog or cat has not been
redeemed within five days of the giving of such notice, the officer shall dispose of
such dog or cat in accordance with the provisions of subsection G of this section,
or shall destroy such dog or cat. For the purpose of this subsection, the notice
specified herein shall be given in the manner determined by the officer as expedient
under the circumstances.
F. 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 officer's 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.
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G. Any officer having in his or her 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 this section and the spay/neuter deposit
fee specified in this chapter, or to a nonprofit corporation formed under the
provisions of the 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
sale or placement as such nonprofit corporation or nonprofit organization may
choose. Releases of dogs or cats to such nonprofit corporations or nonprofit
organizations pursuant to this subsection shall not be subject 1 to the payment of
the impound fees and charges specified in subsection A of this section, but shall be
subject to the spay/neuter deposit specified in this chapter.
H. It is unlawful for any person to remove an impounded animal from an animal
control center without the permission of the officer in charge thereof.
I. Animal control officers choosing to return an impounded animal to the owner, in
the field, may collect a field return impound fee set by the City Council via
resolution which may be updated from time to time.
J. Animal control officers picking up owned animals at the request of the owner, shall
collect a fee set by the City Council via resolution which may be updated from time
to time from the owner.
K. Animal control officers investigating and authorizing a home quarantine shall
collect a fee set by the City Council via resolution which may be updated from time
to time from the owner or custodian of the animal.
L. Animal control officers providing assistance with trap service, for owned feral
animals or nuisance wildlife that are not considered a public health risk, shall
collect a service fee set by the City Council via resolution which may be updated
from time to time.
M. Owners of animals impounded for quarantine at a City facility shall be charged a
quarantine fee set by the City Council via resolution which may be updated from
time to time.
N. The hourly rate for the recovery of administrative costs associated with the
recoupment of enforcement costs, as provided in this chapter, shall be set by the
City Council via resolution which may be updated from time to time.
O. The fee for a micro-chip identification device,set by the City Council via resolution
which may be updated from time to time, shall be included in the cost of adoption,
when adopting an animal from a City animal shelter.
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P. For the taking up of animals after normal business hours,the City shall charge a fee
set by the City Council via resolution which may be updated from time to time.
This after hours fee is in addition to any other applicable fees set forth in this chapter
Q. The fee for adopting any unredeemed, impounded dog or cat is a flat-rate fee that
includes vaccinations and deworming, micro-chipping, spay or neutering (if
required) and adoption charges. The adoption fee shall set by the City Council via
resolution which may be updated from time to time.
SECTION 10.04.12: Spay/neuter deposits for dogs and cats.
A. No person shall be permitted to adopt or purchase any dog or cat which has not
been spayed or neutered, from any public animal shelter, society or organization,
unless or until a deposit in ab amount set by City Council via resolution which may
be updated from time to time has been paid by the adopting person or purchaser to
the shelter, society or organization from which the subject dog or cat is being
adopted or purchased, with the exception that when a female or her offspring are
adopted or purchased by one person, only a single such deposit shall be required.
The department may enter into cooperative agreements with rescue groups,
veterinarians, animal shelters, and humane society shelters in lieu of requiring spay
and neuter deposits.
B. Upon the presentation to the Director of a written statement or receipt from a
veterinarian that such adopted or purchased dog or cat has been spayed or neutered,
fees as is specified in subsection (A) of this section may be refunded to the person
who paid the deposit according to City Council resolutions setting fees for this
chapter.
C. Notwithstanding the provisions of subsection B of this section, any dog or cat over
four months of age at the time it is adopted or purchased,shall be spayed or neutered
within thirty (30) days of the date of adoption or purchase or the deposit provided
in subsection (A) of this section shall be deemed unclaimed and nonrefundable
unless an extension, for good cause, is granted by the Director. The adopter or
purchaser must present proof of spaying or neutering within sixty (60) days of
obtaining the proof or the deposit shall be deemed unclaimed and nonrefundable.
Whenever possible, animals will be altered prior to adoption.
D. Notwithstanding the provisions of subsection (B) of this section, any dog or cat
under the age of four months at the time it is adopted or purchased, shall be spayed
or neutered before reaching five months of age or the deposit provided in subsection
(A) of this section shall be deemed unclaimed and nonrefundable unless an
extension,for good cause,is granted by the Director.The adopter or purchaser must
present proof of spaying or neutering within sixty (60) days of obtaining the proof
or the deposit shall be deemed unclaimed and nonrefundable.
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SECTION 10.04.13: Mandatory spaying and neutering.
A. Altered dogs and cats.
1. Requirement. No person may own, keep, or harbor an unaltered and
unspayed dog or cat in violation of this section. An owner or custodian of
an unaltered dog must have the dog spayed or neutered, or provide a
certificate of sterility, or obtain an unaltered dog license in accordance with
this chapter.An owner or custodian of an unaltered cat must have the animal
spayed or neutered or provide a certificate of sterility.
2. Exemptions. This section shall not apply to any of the following:
a. A dog with a high likelihood of suffering serious bodily harm or
death if spayed or neutered, due to age or infirmity. The owner or
custodian must obtain written confirmation of this fact from a
California Licensed Veterinarian. If the dog is able to be safely
spayed or neutered at a later date, that date must be stated in the
written confirmation; should this date be later than thirty (30) days,
the owner or custodian must apply for an unaltered dog license.
b. A cat with a high likelihood of suffering serious bodily harm or
death if spayed or neutered, due to age or infirmity. The owner or
custodian must obtain written confirmation of this fact from a
California Licensed Veterinarian. If the cat is able to be safely
spayed or neutered at a later date, which date must be stated in the
written confirmation.
c. Animals owned by recognized dog or cat breeders, as defined by
City or Contract provider policies.
B. Denial or revocation of unaltered dog license and reapplication.
1. The department may deny or revoke an unaltered dog license for one or
more of the following reasons:
a. The owner, custodian, applicant or licensee is not in compliance
with all of the requirements of this section;
b. Animal services has received at least three complaints, verified by
animal services,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;
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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(30)day waiting
period upon showing that the requirements of this chapter have been
met. No part of an unaltered dog license fee is refundable when a
license is revoked and the applicant shall pay the full fee upon 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 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) days before the hearing date. The hearing date shall be no more
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than thirty(30) days after animal services' 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) days after the
hearing. The decision of the hearing officer shall be the final
administrative decision.
2. Change in location of dog. If the dog is moved after animal services 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 animal
services with information as to the dog's whereabouts,including the current
owner or custodian's name, address, and telephone number.
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. 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 animal services 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 License 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.
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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 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:
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 animal services the cost to deliver said animal to the
chosen veterinarian. The cost to deliver the animal shall be based on
animal services' hourly rate established by the auditor-controller.
The veterinarian shall complete and return to animal services within
ten (10) 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)days of the
release, signed by the veterinarian, confirming that the dog or cat
has been spayed or neutered or is incapable of breeding; or
e. 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
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board costs, 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)days,the animal shall be deemed abandoned to animal
services 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 this section, subsection (G) shall be paid to animal
services for the purpose of defraying the cost of the implementation and
enforcement of this program.
SECTION 10.04.14: 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
animal services, and shall notify animal services 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 6.08.020, 6.08.050,
and any other licensing requirements of this chapter.
B. Exemptions. The mandatory microchipping requirements shall not apply to any of
the following:
1. A dog or cat with a high likelihood of suffering serious bodily injury, if
implanted with the microchip identification, due to the health conditions of
the animal.The owner or custodian must obtain written confirmation of that
fact from a California Licensed Veterinarian. If the dog or cat is able to be
safely implanted with an identifying microchip at a later date, which 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,which 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
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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 animal
services of the name and address of the new owner or custodian in
accordance with subdivision(a) of this section.An owner or custodian who
offers any dog, over the age of four months, for sale,trade, or adoption and
fails to provide animal services 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.
2. An owner or custodian who offers any cat, over the age of four months, for
sale, trade, or adoption must provide the microchip identification number
with the offer of sale, trade or adoption. The microchip numbers must
appear on a document transferring the cat to the new owner. The owner or
custodian shall also advise animal services of the name and address of the
new owner or custodian in accordance with subdivision (a) of this section.
An owner or custodian who offers any cat, over the age of four months, for
sale, trade, or adoption and fails to provide animal services 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 animal services 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 animal services 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;
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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 animal services the cost to deliver the dog or cat to the chosen
veterinarian. The cost to deliver the dog or cat shall be based on animal
services' hourly rate. The veterinarian shall complete and return to animal
services within ten (10) days or less, a statement confirming that the
microchip has been implanted,provide animal services with the number and
shall release the dog or cat to the owner or custodian only after the
procedure is complete; or
3. At the discretion of the Director,the dog or cat may be released to the owner
or custodian if he or she signs a statement under penalty of perjury,
representing that the dog or cat will be implanted with a microchip and that
he or she will submit a statement within ten(10)days or less,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 animal services
or allow animal services 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
City of Menifee animal shelter. The fee for an identifying microchip device shall
be the amount set forth in section 6.08.110, subdivision(o)per animal for all other
animals. If an animal has already been implanted with an identifying microchip
device by some other facility, there will be no fee to have the identification
microchip number entered into animal services' registry as required by subdivision
(a) of this section.
F. Penalties:
1. An owner or custodian in violation of this section may be issued an
administrative citation, pursuant to the administrative citations and
penalties section set forth in this chapter, for failure to microchip the owner
or custodian's dog or cat.
2. If an administrative citation is issued for violation of this section of this
chapter,persons receiving such administrative citation,may choose to clear
the citation within ten (10) calendar days, thereby avoiding potentially
higher penalty, by demonstrating their compliance with the mandatory
microchipping requirement of subdivision(a)of this section to the Director
and paying an administrative fee as set by the City Council via resolution
which may be updated from time to time to animal services.
G. Allocation of fees and fines collected. All costs, fees, and fines collected under this
section shall be paid to animal services for the purpose of defraying the cost of the
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implementation and enforcement of this program and for low cost microchipping
programs administered by animal services.
SECTION 10.04.15: Public spay and neuter clinics.
A. Authority for Clinics. The Director is authorized and directed to establish clinics at
which members of the public that are residents of the City of Menifee may have
dogs and cats spayed or neutered in a humane manner. Fees for services provided
by such clinics shall be determined in a minimum amount, to offset costs of
operation of such clinics and shall be consistent with the intent of this chapter for
providing low-cost, nonprofit public spay and neuter services. Fees shall be
established by the City Council.
B. Persons submitting dogs or cats for the above service shall sign a consent form
certifying thereon under penalty of perjury that they are the owner of the animals
or are otherwise authorized to present the animal for the above operation and such
persons may be required to furnish proof of such ownership or authority.
Such consent shall contain a waiver of any and all liability of the City, the animal
control department and any other City employees for any injury or death to an
animal arising out of the aforementioned operation or any services provided
incidental thereto.
C. The department shall establish a return date by which persons submitting animals
for the above operation shall pick up said animals or be subject to reasonable board
care fees to commence the day after such return date.
1. Failure to pick up an animal within fifteen(15) days of the return date shall
be deemed abandonment of the animal and the animal control officer may
dispose of it by sale or destruction.
D. Fees for Spay and Neuter Services. The fees for spay and neuter services at clinics
established by the Director shall be set by the City Council via resolution which
may be updated from time to time. The spay and neuter fees may be included in the
flat-rate adoption fee at the time of adoption if the dog or cat is adopted from a City
animal shelter pursuant to the City Council resolution adopting fees for this chapter.
SECTION 10.04.16: Stray or barking dogs.
A. It is unlawful for the owner or person in charge of any dog, whether licensed or
unlicensed, to permit such dog to run at large.
B. It is unlawful for any person to keep or allow to be kept, or suffer or permit any dog
to remain upon the premises under the control of such person, when such dog
habitually barks, whines or makes loud or unusual noises in such a manner as to
disturb the peace and quiet of the neighbors surrounding or in the vicinity of such
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premises, or whose barking or howling or other sound or cry interferes with any
person of ordinary sensitivity in the reasonable and comfortable enjoyment of life
and property.
SECTION 10.04.17: Cat trapping.
It is unlawful for any person to set or maintain an operating trap for a cat unless a sign is
posted on the property stating that such a trap is in use on the property. The sign shall be clearly
visible from seven percent (7%) of 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, (3 0) day period. 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 not apply when the
trap is being used for rabies control as determined in writing by the Director.
SECTION 10.04.18: 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.
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 or person
having custody of such animal shall,upon the order of the Director, quarantine such
animal and keep confined at the owners 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 inspection or examination of such animal at any time during
such period of quarantine. Animals quarantined pursuant to this subsection shall
not be removed from the premises upon which such animal is quarantined without
permission of the Director.The Director is authorized to impound any animal at the
owner's expense in the event the owner or. person having custody of such animal
falls or refuses to so confine such animal. Animals quarantined pursuant to this
subsection shall remain under quarantine until notice is given by the direct 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
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the purpose of warning the public of the fact of such quarantine. It is unlawful for
any person to remove a sign posted pursuant to this subsection 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 City as
the Director may determine and define, for a period of not more than one hundred
twenty (120) days. An additional or extended quarantine period may also be
declared if such additional or extended quarantine period shall be deemed necessary
by the Director for the protection and preservation of the public health, peace and
safety. Any quarantine declared pursuant to this subsection, 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 City of Menifee from any city located in the
county 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 City of Menifee 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 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 City of
Menifee 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.
SECTION 10.04.19: Placement requirements.
A. Any person within the City of Menifee who, or any business entity or other
organization located in or doing business in the City which advertises or 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); charge of animal control center employees and
facilities.
B. The City Council may enter into a written agreement or agreements with any
veterinarian, organized humane society, association, person, corporation or
34
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 of the provisions of this chapter in
the manner prescribed in this chapter.
C. It is 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 or her duties as provided
in this chapter.
D. Nothing in this chapter shall prevent the Animal Services Director from acting,
when he or she deems it appropriate to do so, under the applicable provisions of
California Penal Code, section 597 et seq.
SECTION 10.04.20: Prohibition of sales or the giving away of dogs and cats on public
property.
No person shall offer for sale or sell or give away or transfer for adoption any cat, kitten,
dog, puppy, or any other animal on any public street, public sidewalk, or public park.
SECTION 10.04.21: Enforcement.
A. The Director shall supervise the administration and enforcement of this chapter and
of the laws of the state of California pertaining to the control of dogs and shall have
charge of animal control center employees and facilities.
B. The City 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 of the provisions of this chapter in the manner prescribed in this
chapter.
C. It is 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 or her duties as provided
in this chapter.
D. Nothing in this chapter shall prevent the Director from acting,when he or she deems
it appropriate to do so, under the applicable provisions of California Penal Code,
Section 597 et seq.
SECTION 10.04.22: Violation; Penalty.
Any person violating any of the provisions of this chapter shall be guilty of an infraction,
unless otherwise stated in this chapter, and upon conviction thereof shall be punished by a fine or
35
fines as set by the City Council via resolution which may be updated from time to time. 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) days, thereby avoiding a
visit to court and a potentially higher court fine, by demonstrating their compliance
to the Animal Services Director through their written, signed agreement and paying
an administrative fee as set by the City Council via resolution which may be
updated from time to time to animal services.
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 as set by the City Council via resolution which may be updated from
time to time, or both fine and imprisonment.
C. Persons receiving a citation for violation of a home quarantine, may choose to clear
the citation and avoid arrest and appearance in court by demonstrating to the
Animal Services Director, in writing, their intent to comply with the order and
paying an administrative fee as set by the City Council via resolution which may
be updated from time to time to animal services.
SECTION 10.04.23: 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
this chapter. 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 this chapter, an administrative citation may be issued by the animal
control officer. An administrative citation will not be issued for violation of the
section (Mandatory licensing of kennels and catteries) prior to a written notice of
violation being issued.
B. Content of Citation. The administrative citation shall be issued on a form approved
by the City Attorney's Office 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;
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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; and
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 person who has violated this chapter is present at the scene of the
violation, the animal control officer shall attempt to obtain his or her
signature on the administrative citation and shall deliver a copy of the
administrative citation to him or her.
2. If the owner, occupant or other person who has violated this chapter is a
business, and the business owner is on the premises, the animal control
officer shall attempt to deliver the administrative citation to him or her. If
the animal control officer is unable to serve the business owner on the
premises, the administrative citation may be left with the manager or
employee of the business. If left with the manager or employee of the
business, a copy of the administrative citation shall also be mailed to the
business owner by certified mail, return receipt requested.
. 3. If no one can be located at the property where the violation occurred, 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 owner, occupant or other person who has violated this chapter. The
citation shall be mailed to the property address and/or the address listed for
the owner on the last County equalized assessment roll. The citation shall
also be mailed to any additional address for the owner in department
records.
4. 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 this chapter shall not exceed the
amounts set by the City Council via resolution which may be updated from
time to time.
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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 City of Menifee or contract
provider.
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 animal services.The written
notice of appeal must be filed within twenty (20) days of the service of the
administrative citation as 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 City forms and shall contain the following information:
a. A brief statement setting forth the appellant's interest in the
proceedings;
b. A brief statement of the material facts which the appellant claims
supports his or her contention that no administrative penalty should
be imposed or that an administrative penalty of a different amount
is warranted;
c. 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;
d. The notice of appeal must be signed by the appellant.
2. Administrative Hearing. Upon a timely written request by the recipient of
an administrative citation, an administrative hearing shall be held as
follows:
A. 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. The notice may be
personally delivered to the person requesting the hearing or may be
mailed to the address listed in the notice of appeal.
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B. Hearing Officer. The administrative hearing regarding the
administrative citation shall be held before the Animal Services
Director. The hearing officer shall not be the investigating animal
control officer who issued the administrative citation or his or her
immediate supervisor. The Director may contract with a qualified
provider to conduct the administrative hearings or to process
administrative citations.
C. 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 or her determination based on the information
contained in the notice of appeal.
D. 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 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.
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 fee for filing the notice of
appeal shall be set by the City Council via resolution which may be updated
from time to time. The failure to file the written 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 animal services by the
contestant.
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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 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 animal services. Any deposit of the fine or
penalty shall be refunded by 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
ordinance, or in any other manner provided by law.
G. 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 or his or her designee
on his or her objections to the proposed costs in accordance with the procedures set
forth herein.
H. Request for Hearing. A request for hearing shall be filed with animal services
within ten (10) days of the service by mail of animal services' summary of costs,
on a form provided by animal services. 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 or her designee shall hold a hearing on the violator and/or owner's
objections, and shall determine the validity thereof.
I. Recovery of Costs. In the event that: (a) no request for hearing is timely filed; or
(b) after a hearing the Director or his or 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 City in the amount stated in the summary of costs
or any lesser amount as determined by the Director or his or her designee. These
costs shall be recoverable in a civil action in the name of the City, in any court of
competent jurisdiction within the County of Riverside.
J. Director's Decision. In determining the validity of the costs, the Director or his or
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
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personnel spent in enforcement were reasonably necessary to bring about
compliance and whether the rate charged is the current rate established by the City.
K. Appeal. The decision of the Director or his or 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, of the decision of the Director. The appeal
shall be heard by the City Council 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 City Council shall not be limited by the technical rules of evidence.
SECTION 10.04.24: Recoupment of enforcement costs.
The intent of this section is to authorize the recoupment of administrative costs
reasonably related to the enforcement of this chapter. In furtherance of this intent the
City 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 shall maintain records of all administrative
costs,incurred by the department and all other responsible City 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 in this chapter.
B. Notice. Upon investigation and determination that a violation of any of the
provisions of this chapter or other related City ordinances is found to exist, the
department of environmental health and/or other City 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 City of Menifee has/have determined that
conditions exist at the property located at
which violate
Section(s) the City of Menifee Municipal
Code.
To wit:
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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 City Council. 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 animal services
within ten(10) days of service of the Summary of Charges.
Dated:
City of Menifee (or contract agency)
C. Summary of Costs. At the conclusion of the case,the department of environmental
health 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) days of the date of this notice.
IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR
RIGHT TO OBJECT WILL BE WAIVED AND YOU WILL BE LIABLE
TO THE CITY OF MENIFEE FOR THESE CHARGES, TO BE
RECOVERED IN A CIVIL ACTION IN THE NAME OF THE CITY OF
MENIFEE, IN ANY COURT OF COMPETENT JURISDICTION
WITHIN THE COUNTY OF RIVERSIDE.
Dated:
City of Menifee (or contract agency)
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
environmental health or his or her designee on his or 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
or 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 environmental health or his or
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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 City in the
amount stated in the summary of costs or any lesser amount as determined by the
Director or his or her designee. These costs shall be recoverable in a civil action in
the name of the City, in any court of competent jurisdiction within the county.
G. Director's Decision. In determining the validity of the costs, the Director or his or
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 City.
H. Appeal. The decision of the Director or his or 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, of the decision of the Director. The appeal
shall be heard by the City Council 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 City Council shall not be limited by the technical rules of evidence.
SECTION 10.04.25: 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,
or any County ordinance or state law, is declared to be a public nuisance. The
Director and any Riverside County peace officer are directed and empowered to
abate any such public nuisance independently of any criminal prosecution or the
results thereof, by any means reasonably necessary to accomplish the 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 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 the City for all costs
incurred in enforcing compliance with the provisions of this section. The City, 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 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 subsection A of this section,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. The notice shall be served
by hand-delivery or by registered or certified mail, postage prepaid, return receipt
requested. If the owner or custodian requests a hearing prior to impoundment or
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abatement, no impoundment or abatement shall take place until the conclusion of
such hearing, except as provided in subsection C of this section.
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 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 this subsection, 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 this section shall be conducted by the 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 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 Director 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 dog, cat or other animal; service
of such notice shall be in accordance with the service methods specified in
subsection B of this section.
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.
SECTION 10.04.26: Adjustments of fees.
All of the fees set forth in this chapter shall be in effect until the City Council shall by
resolution fix some other fees upon the basis of a cost analysis as determined by the City of
Menifee or, where applicable, pursuant to a change in the applicable laws and regulations of the
state of California, or where applicable, both.
SECTION 10.04.27: 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 Director based upon indigent circumstances of the owner
of the impounded animal that are verified by animal services so long as the animal is being kept
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and maintained in accordance with all other provisions of this chapter, the City ordinances, and
state law.
CHAPTER 10.05: ABANDONED, NEGLECTED AND CRUELLY TREATED ANIMALS
Sections:
10.05.01 Disposal allowed when.
10.05.02 Prompt action allowed when; lien for care and treatment.
10.05.03 Post seizure hearing.
10.05.04 Hearing prior to seizure of animal.
10.05.05 Cost of seizure and care; owner liable.
10.05.06 Noncompliance with order to provide veterinary care.
10.05.07 Return to owner; conditions.
10.05.08 Hearings.
10.05.09 Abandoned or stray animals; authority to rehabilitate or destroy.
10.05.10 Transfer to veterinarian.
10.05.11 Humane destruction of animal in the field.
10.05.12 Violation; penalty.
10.05.13 Violation; animal(s)to be forfeited.
10.05.14 Chapter provisions not exclusive.
SECTION 10.05.01: 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.
SECTION 10.05.02: 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 others, the officer shall immediately seize the animal and comply with the procedure
established in the post-seizure hearing section. In all other cases, the officer shall comply with the
provisions of Hearing prior to seizure of animal section. 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.
SECTION 10.05.03: 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 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. Animal services 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,
45
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 animal services 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 the Hearings section.
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. Animal services, 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.
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SECTION 10.05.04: 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 Director or his or her designee 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 willfully fails to produce the animal or provide
the verification is guilty of an infraction,punishable by a fine set by the City Council via resolution
which may be updated from time to time.
A. Animal services 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;
I 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 pre-seizure 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 the Hearings section.
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 pre-seizure hearing or right to challenge his or her liability for costs
incurred pursuant to this chapter.
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SECTION 10.05.05: 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.
SECTION 10.05.06: 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
SECTION 10.05.07: 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.
SECTION 10.05.08: 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 officer deems such continuance to be necessary and proper or if the owner
or custodian shows good cause for such continuance.
B. Animal services 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 animal services is also seeking to terminate the owner's rights in
the animal, animal services 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.
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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.
1. 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.
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 animal services personnel after a specified data, shall impound the
animal or animals;
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4. That animal services 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 City or agency as designated by the City 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 City or agency as designated by the City.
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.
SECTION 10.05.09: 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 City may be immediately killed by animal services 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.
SECTION 10.05.10: Transfer to veterinarian.
Any peace officer,humane society officer,or animal control officer shall convey all injured
cats 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 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
50
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.
SECTION 10.05.11: 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.
SECTION 10.05.12: 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 Menifee 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 set by the City Council via resolution which may be updated from time to time;
(2) guilty of an infraction offense and punished by a fine set by the City Council via resolution
which may be updated from time to time. The third and any additional violations shall constitute
a misdemeanor offense and shall be punishable by a fine set by the City Council via resolution
which may be updated from time to time, 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.
SECTION 10.05.13: 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.
SECTION 10.05.14: 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.
CHAPTER 10.06: POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS
Sections:
10.06.01 Findings.
10.06.02 Definitions.
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10.06.03 Administrative restraint order for potentially dangerous animals.
10.06.04 Impoundment and abatement of dangerous animals.
10.06.05 Placement of warning signs.
10.06.06 Change of ownership, custody and/or location of animal.
10.06.07 Possession unlawful without adequate restraint.
10.06.08 Surrender of animal upon demand.
10.06.09 Hearing procedures and charges.
10.06.10 Exclusions.
10.06.11 Court proceedings.
SECTION 10.06.01: Findings.
A. Because of the increased urbanization of the City of Menifee, the City 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 City 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 City 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.
SECTION 10.06.02: Definitions.
Whenever, in this chapter or in any resolution or standard adopted by the City Council
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.
A. "Attack" means any action by an animal which places a person in danger of
immediate bodily harm.
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B. "Animal services manager" means the Director of the City or his or her duly
authorized representative.
C. "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 an injury less severe 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
4. Any dog which has been declared a"potentially dangerous dog" as defined
by California State Law during any legal hearing process.
D. "Potentially dangerous animal" means:
1. Any animal which has once actively pursued, attacked, bitten, or otherwise
caused an injury less severe 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 an injury
less severe 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.
E. "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.
F. "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 Director. The
enclosure shall be designed to prevent the animal from escaping and from
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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.)
G. "Vicious animal" means:
1. Any animal seized under section 599a of the Penal Code and upon the
sustaining of a conviction of the owner.
2. Any animal which, when unprovoked, in an aggressive manner, inflicts
injury on or kills a human being or animal.
H. "Vicious dog" means:
1. Any dog seized under section 599a of the Penal Code and upon the
sustaining of a conviction of the owner or keeper under subdivision (a) of
section 597.5 of the Penal Code.
2. Any dog which, when unprovoked, in an aggressive manner, inflicts injury
on or kills a human being or animal.
3. Any dog previously determined to be and currently listed as a potentially
dangerous dog which after its owner or keeper has been notified of this
determination, continues the behavior described in section 31602 of the
Food and Agricultural Code or is maintained in violation of section 31641,
31642 or 31643 of the Food and Agricultural Code.
SECTION 10.06.03: Administrative restraint order for potentially dangerous animals.
A. If animal services has cause to believe that an animal is a potentially dangerous
animal, the Director/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
animal services 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.
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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 dueprocess of law.A hearing may be continued for a period of time
not to exceed thirty (30) days if the hearing officer deems such continuance to be
necessary and proper. Within ten(10) days after the conclusion of the hearing, the
hearing officer shall render, in writing, his or her findings, decision and order
thereon and shall give notice of the fmdings, 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.
F. An animal which has 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
animal services. Once an animal has been determined to be a potentially dangerous
animal, if there are no additional instances of the behavior described in Section
10.06.03(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 Director/designee.
SECTION 10.06.04: Impoundment and abatement of dangerous animals.
The Director or City Manager/ or his or her designee is authorized and empowered to
impound and/or abate (destroy) any dangerous animal as a public nuisance independently of any
criminal prosecution or the results thereof by any means reasonably necessary to protect the health,
safety and welfare of the public including,but not limited to,the imposition upon the owner and/or
custodian of specific, reasonable restrictions and conditions for the maintenance of the animal.
Restrictions and/or conditions resulting from abatement proceedings may include, but are not
limited to the following:
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
set by the City Council via resolution which may be updated from time to time 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;
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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 the City of Menifee and
obtaining approval from animal services 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 microchip noting the declaration and registration with animal services.
G. A requirement to alter the animal;
H. Requirements to allow inspection of the animal and its enclosure by animal services
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; and
J. Any person who violates any provision of this section is guilty of an infraction or
misdemeanor, if charged.
SECTION 10.06.05: 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, vicious dog, 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 "
SECTION 10.06.07: 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 animal services 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.
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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 the City of Menifee,may not
be relocated in the City of Menifee.
E. Any person who violates any provision of this section is guilty of an infraction or
misdemeanor, if charged.
SECTION 10.06.08: 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.
SECTION 10.06.09: Surrender of animal upon demand.
The owner and/or custodian of any animal on restriction who is in violation of
Chapter 10.06 shall surrender such animal to animal services upon demand.
SECTION 10.06.10: 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.
SECTION 10.06.11: Court proceedings.
Nothing in this chapter shall prevent animal services or any other party from commencing
and maintaining court proceedings for the restriction or destruction of any one (1) animal as
authorized under Food and Agricultural Code section 31601 et seq.
CHAPTER 10.07: NOISY ANIMALS
Section
10.07.01 Findings.
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10.07.02 Purpose.
10.07.03 Exemptions.
10.07.04 Definitions.
10.07.05 General prohibition; declaration of noisy animal as a public nuisance.
10.07.06 Noisy animal warning notice.
10.07.07 Declaration of complaint of noisy animal and petition for administrative hearing.
10.07.08 Administrative hearing officer.
10.07.10 Administrative abatement hearing regarding noisy animal.
10.07.11 Determination and order.
10.07.12 Administrative abatement measures.
10.07.13 Failure to comply with administrative order.
10.07.14 Civil action.
10.07.15 Administrative citations and penalties.
10.07.16 Barn animals.
10.07.17 Penalty.
SECTION 10.07.01: 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 City of Menifee. At certain levels, the excessive, unrelenting or habitual noise
of any animal may jeopardize the health, safety or general welfare of residents of the City of
Menifee and degrade their quality of life.
SECTION 10.07.02: Purpose.
It is declared to be in the public interest to promote the health and welfare of the residents
of the City of Menifee 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 City ordinances or otherwise by law.
SECTION 10.07.03: Exemptions.
This chapter shall not apply to noise or sound made by an official law enforcement dog
while on duty.
SECTION 10.07.04: Definitions.
As used in this chapter, the following terms shall have the following meanings:
A. "Complaining party." Person or persons who contact animal services to report a
noisy animal or animals.
B. "Director." The City Manager of the City of Menifee or his or her 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 to a resident or residents in the vicinity
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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.
SECTION 10.07.05: 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.
SECTION 10.07.06: Noisy animal warning notice.
A. Animal control officers may enforce this chapter in a manner consistent with the
rights and responsibilities outlined in Title 9 of the City of Menifee Municipal
Code.
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 City. 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
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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 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 10.07.07, 10.07.12, or 10.07.14 of this chapter.
SECTION 10.07.07: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 bearing 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.
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SECTION 10.07.08: 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.
SECTION 10.07.09: 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.
SECTION 10.07.10: Determination and order.
Within three 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 an 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.
SECTION 10.07.11: 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;
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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; and/or
G. Any other reasonable means to accomplish the abatement of the nuisance.
SECTION 10.07.12: 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 lawfiil means necessary to gain compliance,
including a civil action.
SECTION 10.07.13: 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.
SECTION 10.07.14: Administrative citations and penalties.
In addition to the remedies and penalties contained in this chapter and Title 9 of the City
of Menifee Municipal Code, 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 an animal control officer.
B. Content of citation. The administrative citation shall be issued on a form approved
by the City Attorney's Office 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;
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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 contract provider or city 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
amounts as set by the City Council via resolution which may be updated
from time to time.
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 City of Menifee or contract
provider.
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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 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:
a. 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; and
b. 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:
a. 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.
b. 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.
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c. 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 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.
d. 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.
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 fee for filing the notice of appeal
shall be set by the City Council via resolution which may be updated from
time to time. 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 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
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within fifteen(15)days of the request. The purpose of the appeal hearing as
allowed 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.
3. Judgment. The court shall retain the 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 animal services. Any deposit of the
fine or penalty shall be refunded by animal services in accordance with the
judgment of the court. If the court finds in favor of animal services, the
amount of the fee deposited by the contestant shall be retained by animal
services of Animal Services in accordance with the judgment of the court.
SECTION 10.07.15: Barn animals.
At no time shall any owner or keeper of barn animals (including but not limited to sheep,
goats, horses, emus, and other barnyard type animals) allow excessive manure or feces to
accumulate upon real property located within the City of Menifee. Any owner or keeper of barn
animals shall comply with guidelines and requirements related to the Santa Ana MS4 Permit. Any
owner or keeper of barn animals shall comply with the animal care and handling guidelines and
requirements as outlined by the stormwater programs designed to comply with the Santa Ana MS4
Permit.
A. The Santa Ana MS4 Permit is a fourth-term area-wide National Pollutant Discharge
Elimination System (NPDES) Municipal Separate Storm Sewer System Permit
issued by the Santa Ana Regional Water Quality Control Board to the Riverside
County Flood Control and Water Conservation District (Principal Permittee), the
County of Riverside, and the Cities of Menifee, Beaumont, Calimesa, Canyon
Lake, Corona, Eastvale, Hemet, Jurupa Valley, Lake Elsinore, Moreno Valley,
Norco, Perris, Riverside, San Jacinto, and Wildomar(Permittees).
SECTION 10.07.16: Penalty.
If after written warning,the owner or keeper continues to allow excessive manure or feces
to accumulate upon real property located within the City of Menifee, the animal control
officer/code enforcement officer shall issue a notice of noncompliance which is subject to a fine
set by the City Council via resolution which may be updated from time to time until such time the
excessive manure or feces is remedied and removed from the real property in a manner in
accordance with the law.
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