ORDINANCE NO. 1153

AN ORDINANCE OF THE CITY OF LOS BANOSREPEALING CHAPTER 1 OF TITLE 6 OF THELOS BANOS MUNICIPAL CODE ENTITLEDANIMALS AND ENACTING AN ORDINANCEENTITLED ANIMAL CONTROL, REGULATION,AND PROTECTION

WHEREAS, The Los Banos City Council directed Staff to prepare a proposedordinance to provide for regulation of Animals within the City of Los Banos;

WHEREAS, the current Ordinance was adopted in 1952 with the most recentamendment to the Ordinance adopted in 1996;

WHEREAS, the City Council conducted a duly noticed public hearing on theproposed Animal Control Ordinance on April 5, 2017, and April 20, 2017 at which timeall individuals desiring to comment on the proposed ordinance were heard.

THE CITY COUNCIL OF THE CITY OF LOS BANOS DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 1, Articles 1-5, of Title 6 of the Los Banos Municipal Code arehereby repealed.

Section 2. Chapter 1 "Animal Control, Regulation, and Protection" is hereby added toTitle 6 of the Los Banos Municipal Code to read as follows:

Title 6Chapter 1

Animal Control, Regulation, and Protection

Article 1 - GENERAL PROVISIONS6-1.1001 - Purpose-Construction.6-1.1002 - Authority to Set Fees and Charges.6-1.1003 - Penalties.6-1.1004 - Definitions.

Article 2 - ANIMAL SHELTER; ANIMAL CONTROL OFFICERS6-1.2001 - Animal Shelter-Location.6-1.2002 - Animal Control Services Unit -Animal Control Officers-Powers and Duties.

Article 3 - MANDATORY DOG LICENSE TAG AND VACCINATION6-1.3001 - Dog License Tag-Required.6-1.3002 - Dog License Tag -Application.6-1.3003 - Dog License Tag - Certificate of Vaccination Required.6-1.3004 - Dog License Tag Issuance Fee.6-1.3005 - Dog License Tag-Duplicate.6-1.3006 - Dog License Tag-Atlachment-Exceptions.6-1.3007 - Dog License Tag-Delinquent Fee.6-1.3008 - Dog License Tag Nontransferable.6-1-3009 - Records of Dog Licenses.6-1-3010 - Unlicensed Dogs Subject to Impoundment; Exceptions.

Article 4 - ANIMAL CARE AND CONTROL6-1.4001 - Neglect of Animals Prohibited; Abandonment.6-1.4002 - Animals at Large; Restraint; Leash Requirements; Private Property.6.1.4003. - Biting animals-Notification and disposition.6.1.4004 - Animal Waste.6.1.4005 - Animals kept in vehicles.6.1.4006 - Cats and Dogs-Maximum Number.

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6.1.4007 - Feral Cats.6-1.4008 - Vaccination.6-1.4009 - Tethering a Dog.6-1.4010- Dogs in Public Parks-Prohibited-Exception.6-1.4011 - Dog Park Regulations.6-1.4012 - Animal Nuisances.6-1.4013 - Nuisance Abatement Hearing-Procedures and Findings

Article 5 - ANIMAL NOISE6-1.5001 - Animal Noise Citation - General.6-1.5002 - Payment of Animal Noise Civil Fines.

Article 6 - IMPOUNDMENT AND QUARANTINE OF ANIMALS6-1.6001 - Impoundment.6-1.6002 - Duration of Impoundment.6-1.6003 - Redemption of Impounded Animal.6-1.6004 - Owner Surrendered Animals.6-1.6005 - Disposition of Impounded and Surrendered Animals - Spay and NeuterCompliance.6-1.6006 - Quarantine.

Article 7 - PERMITS; BREEDERS CERTIFICATES; COMMERCIAL ANIMALESTABLISHMENTS6-1.7001 - Rescue Permit.6-1.7002 - Breeder Certificate.6-1.7003 - Penalties and Revocation: Breeder Certificate.6.1.7004 - Commercial Animal Establishments.6-1.7005 - Reporting of Animal Records.

Article 8 - VICIOUS I POTENTIALLY DANGEROUS DOGS6-1.8001 - Definitions6-1.8002 - Vicious Behavior Prohibited.6-1.8003 - Vicious Dog Abatement Hearing Procedure.6-1.8004 - Time Limit to Meet Requirements6-1.8005 - Insurance Requirements for Vicious or Potentially Dangerous Dogs6-1.8006 - Unlawful to Own, Harbor or Keep a Dog Determined to be Vicious orPotentially Dangerous6-1.8007 - Muzzling a Vicious or Potentially Dangerous Dog.6-1.8008 - Civil Penalties for Violations of Provisions Regulating Vicious or PotentiallyDangerous Dogs6-1.8009 - Notice of Escape or Disposal of Vicious or Potentially Dangerous Dogs6-1.8010 - Sterilization Requirement and Microchip for Vicious or Potentially DangerousDogs6-1.8011 - Penalties for Willful Violation of Regulations for Vicious and PotentiallyDangerous Dogs6-1.8012 - Exemption for Police Dogs

Article 9 - MISCELLANEOUS; REMEDIES; APPEALS6-1.9001 - Livestock6-1.9002 - Wild Animals.6-1.9003 - Reptiles.6-1.9004 - Bees.6-1.9005 - Dead Animals.6-1.9006 - Penalties and Remedies.6-1.9007 - Appeals.

Article 1 - GENERAL PROVISIONS

6-1.1001 - Purpose-Construction.

This Chapter is intended to regulate, control and protect animals existing withinthe City of Los Banos.

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6-1.1002 - Authority to Set Fees and Charges.

The City Council may, from time to time, by resolution, establish a schedule offees and charges for services performed and licenses issued under this Chapter. Thefees and charges so established may recover the reasonable cost of providing suchservices and issuing such licenses.

6-1.1003 - Penalties.

Violation of any of the provIsions of this Chapter shall be deemed to be aninfraction or a misdemeanor unless othelWise designated.

6-1.1004 - Definitions.

For purposes of this Chapter, unless the context clearly indicates othelWise,certain words and phrases shall have the meaning given to them in this section:

(a) "Animal" means all nonhuman members of the animal kingdom, includingdomestic, exotic and livestock species.

(b) "Animal Control Officer" means an employee of the City authorized toenforce all of the provisions of this Chapter relating to the care, control and treatment ofanimals as well as any State laws which he or she is authorized to enforce, includingbut not limited to Public Safety Officers, and Code Enforcement Officers.

(c) "Feral cat" means a cat as defined in Food and Agricultural Code § 31752.5.(d) "Livestock" means any animal kept by humans that do not customarily inhabit

their owner's dwelling. Includes, but not limited to, equine, bovine, ovine, caprine,porcine, and any species of chickens, ducks, pigeons, geese, turkeys or otherdomesticated fowl.

(e) "Owner" or "Owner/Guardian" means the primary or responsible person orpersons who possess, has title to or an interest in, harbors, provides care, or hascontrol, custody or possession of an animal. This definition shall exclude veterinarianswho are treating or caring for an animal in the regular practice of veterinary medicine aswell as the owners or operators of an animal grooming business, kennel or pet shopwhile engaged in the regular practice of such business.

Article 2 - ANIMAL SHELTER; ANIMAL CONTROL OFFICERS

6-1.2001 - Animal Shelter-Location.

A public animal shelter shall be maintained at such place as is provided fromtime to time by the City Council.

6-1.2002 - Animal Control Services Unit -Animal Control Officers-Powers and Duties.

(a) The Animal Control Services Unit in the Police Department CodeEnforcement Division is primarily responsible for enforcing State and local lawspertaining to animals in the City of Los Banos.

(b) Each Animal Control Officer of the City shall have, and is vested with theauthority of a public officer. The Animal Control Officers may, in the performance of theirduties, enter upon any property pursuant to law, to ascertain if any of the provisions ofthis Chapter, or any other provisions of this Code, or any State laws relating to disease,care, treatment, or cruelty to animals are being violated. Each Animal Control Officermay issue citations for the violation of the provisions of this Chapter, or any otherprovisions of this Code, or any State law, in the manner prescribed by this Code, andremove animals from the premises if they deem necessary. The authority to issuecitations in the manner prescribed by the City shall be alternative to any other authorityprovided by law.

(c) Each Animal Control Officer of the City shall have police powers in theenforcement of this Chapter, or any State laws relating to disease, care, treatment, orcruelty to animals. Any person who shall interfere with, obstruct, or resist any AnimalControl Officer while engaged in performing any duty imposed by the provisions of thisChapter or any other law of the City, or State law, or who shall, without permission,remove or take away any animal from the Animal Shelter, or tamper with or do damage

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to any of the facilities or structures of the Animal Shelter, or remove any fence, bar, orbarrier or open any gate for the purpose of enabling any animal to escape from theAnimal Shelter shall be guilty of a misdemeanor.

(d) The Animal Control Services Unit shall keep a record of all impoundedanimals, including a description of the animal, the date of receipt, the date and mannerof disposal, the name of the person redeeming or purchasing, and the fees, chargesand proceeds of sales received on account of such animal, and such additional recordsas may be required by the provisions of this chapter, or State law. The Animal ControlServices Unit shall provide the necessary subsistence for all animals that areimpounded.

Article 3 - MANDATORY DOG LICENSE TAG AND VACCINATION

6-1.3001 - Dog License Tag-Required.

Every owner of a dog which is four (4) months of age or older, and which is keptin the City, shall obtain and maintain a current dog license tag for such dog from theCity and shall pay the license fee as imposed by resolution of the City Council. Noperson shall refuse to exhibit such license when so directed by an Animal ControlOfficer, Public Safety or Code Enforcement Officer. The owner shall obtain the initialdog license tag within thirty (30) days of the dog reaching four (4) months of age; orwithin thirty (30) days of owning/keeping/possessing a dog over the age of four (4)months.

6-1 .3002 - Dog License Tag-Application.

Upon each application for a dog license tag or renewal of an expired dog license,the owner shall furnish to the City, in writing, his or her name, home and cellulartelephone number, the address where the dog is kept, the name, breed, age, sex andcolor of the dog, proof of current vaccination, and proof that the dog has been spayed orneutered, if a discounted license is applicable. The City shall furnish application formsfor such purpose and upon payment of all applicable fees, and penalties, if any, shallissue a numbered dog license tag.

6-1.3003 - Dog License Tag-Certificate of Vaccination Required.

The City shall not issue any dog license tag under this Chapter withoutpresentation of a certificate of vaccination signed by a veterinarian showing that the doghas been vaccinated with an approved rabies vaccine and the period of time from thedate of vaccination to the date of expiration of the vaccination does not exceed the timeinterval prescribed by the State Department of Health. In no case shall a dog license tagbe issued with an expiration date greater than the rabies vaccination expiration date.Where a certificate of vaccination shows that a dog should not be vaccinated due toinfirmity or other disability, the nature of the infirmity and/or other disability and theestimated date of termination of the disability thereof shall be shown.

6-1.3004 - Dog License Tag Issuance and Fee.

(a) License fee. A dog license fee set by resolution of the City Council shall beimposed upon every dog four (4) months and older which is kept in the City by anyperson who is an owner. The dog license fee shall be reduced by at least fifty percent(50%) if a certificate is presented from a licensed veterinarian that the dog has beenspayed or neutered. The dog license fee is an annual fee and shall not in any case beprorated.

(b) New Residents. Any person who moves into the City of Los Banos with a dogover the age of four (4) months and with a current license and vaccination from anotherjurisdiction shall be allowed to procure a City of Los Banos dog license tag within thefirst thirty (30) days at no charge. The expiration date of such new license willcorrespond with the expiration date of the previously issued license not to exceed one(1) year.

(c) Duration of Dog License Tag. The person to whom the dog license is to beissued pursuant to this Chapter may choose a dog license period of up to one, two, or

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three years. Dog licenses for dogs that have not attained the age of twelve (12) monthsshall not exceed two (2) years. Dog licenses for dogs that have attained the age oftwelve (12) months or older and who have been vaccinated for rabies shall not exceedthree (3) years. However, when issuing a dog license pursuant to this Chapter, thelicense period shall not extend beyond the remaining period of validity for the currentrabies vaccination.

(d) Assistance dogs. Assistance dogs are issued a specifically designedidentifying tag in accordance with the California Food and Agricultural Code Section30850, et seq. No fee shall be required for an assistance dog identification tag for any"assistance dog" such as a guide dog, signal dog or service dog as defined in CaliforniaFood and Agriculture Code, Section 30850. However this provision does not removethe owner's responsibility to vaccinate said dog against rabies and attach a current Cityissued dog license tag to the dog's collar. Whenever a person applies for an assistancedog identification tag, the person shall sign an affidavit as defined in California Food andAgriculture Code, Section 30850(b). Owners of these Assistance dogs must comply withall State and local health and license requirements for dogs.

6-1.3005 - Dog License Tag-Duplicate.

If a dog license tag is lost or destroyed, a duplicate or other tag in lieu thereofshall be procured from the City within thirty (30) days after loss or destruction. Uponreceiving payment of a replacement fee, the City shall issue a replacement tag to theowner. The replacement fee shall be set by resolution of the City Council.

6-1.3006 - Dog License Tag-Attachment-Exceptions.

The dog license tag issued to any dog licensed pursuant to this Chapter shall besecurely affixed to a collar, harness, or other device and shall be worn by such dog atall times that the dog is in the City, except when the dog is confined in a commercialkennel, or veterinary facility, or it is being exhibited at a show, field trial or othercompetition. The dog license tag shall be shown by the owner or handler at any timeupon demand by an Animal Control Officer, Public Safety Officer, or Code EnforcementOfficer.

6-1.3007 - Dog License Tag-Delinquent Fee.

A delinquent fee shall be added to any dog license fee for dog license tags notobtained in accordance with the times set forth in this Chapter. The delinquent fee shallbe set by resolution of the City Council.

6-1.3008 - Dog License Tag Nontransferable.

The dog license tag required by this Chapter shall not be transferable from onedog to another.

6-1.3009 - Records of Dog Licenses.

The City shall keep a record of the issuance of dog license tags issued pursuantto the provisions of this Chapter, which shall establish the identity of the person thatowns or harbors the dog.

6-1.3010 - Unlicensed Dogs Subject to Impoundment; Exceptions.

Each Animal Control Officer shall have the authority to seize and impound anydog owned, possessed, or harbored within the corporate limits of the City on which acurrent and valid dog license tag has not been issued pursuant to the provisions of thisChapter. However, the provisions of this Section shall not apply to dogs passingthrough the City or not remaining therein for a period of more than thirty (30) days. Inthe alternative or in addition to impoundment the Animal Control Officer shall have theauthority to issue an administrative citation for a violation of this Section.

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Article 4 - ANIMAL CARE AND CONTROL

6-1.4001 - Neglect of Animals Prohibited; Abandonment.

No person owning or otherwise having an animal in his or her care, charge,control, custody or possession shall cause or permit such animal to be without propercare and attention under conditions that endanger the health or well-being of an animalor other circumstances that could reasonably be expected to cause suffering, disability,or death to the animal. Proper care and attention includes but is not limited to properand adequate food, water, shelter, sanitary enclosures or surroundings, qualifiedmedical care or attention and required vaccinations, for such animal at a level, whichinsures the animal's safety, good health, and well-being. Any person abandoning theiranimal shall be subject to an administrative citation and fine as set by resolution of theCity Council and or a misdemeanor.

6-1.4002 - Animals At Large; Restraint; Leash Requirements; Private Property.

(a) No person owning or otherwise having an animal (excluding cats that havebeen spayed or neutered) in his or her care, charge, control, custody or possessionshall cause, permit, or allow such animal to run, be or remain at large on any publicstreet, road, alley, park or other public place in the City. "At-Large" shall mean thecondition wherein an animal is off the premises of its owner and is not under securerestraint by a substantial leash, chain, halter, rope, or rein, at a length necessary tomaintain and keep such animal under effective charge and control. The provisions ofthis Section shall not apply to a service or assistance dog; a dog participating in field orobedience trials; animal exhibitions; or a dog assisting a public safety officer engaged inlaw enforcement duties.

(b) No person owning or otherwise having an animal (excluding cats that havebeen spayed or neutered) in his or her care, charge, control, custody or possessionshall cause, permit, or allow such animal, even though not at-large, to be in or uponprivate property other than that of the owner, except with the consent of the person incharge of the private property. The provisions of this Section shall not apply to a serviceor assistance dog; or a dog assisting a public safety officer engaged in law enforcementduties.

(c) Any animal found on any private property without the consent of the ownermay be taken up by the owner or possessor of the property and delivered to the AnimalControl Officer or detained on the property until surrendered to the Animal ControlOfficer. Every person taking up any animal under the provisions of this Section shall,within twenty-four (24) hours thereafter, give notice thereof to the Police Department;and shall surrender such animal to the Animal Control Officer without fee or charge.

6-1.4003 - Biting Animals-Notification and Disposition.

(a) The owner or other person having an animal in his or her care, charge,control, custody or possession that bites a human being shall immediately notify thePolice Department of such bite, giving the name and address of the person bitten, ifknown to him or her, and shall obey any quarantine instructions given by the PoliceDepartment or Animal Control Officer. The Animal Control Officer may, in his or herdiscretion, order the animal quarantined at the shelter, at a veterinarian's office, or at theowner/guardian's residence and may impose such reasonable conditions thereon asmay be required.

(b) The owner or other person having an animal in his or her care, charge,control, custody or possession that bites or otherwise causes physical injury to anotheranimal shall, if requested by the owner or handler of the injured animal, provide to theowner or handler of the injured animal, accurate and current contact information and, ifavailable, the biting animal's license tag number and rabies vaccination information andshall obey any quarantine instructions given by the Police Department or Animal ControlOfficer. The Animal Control Officer may, in his or her discretion, order the animalquarantined at the shelter, at a veterinarian's office, or at the owner/guardian'sresidence and may impose such reasonable conditions thereon as may be required.

(c) If any person fails or refuses to obey any lawful order for the quarantine of ananimal for observation of rabies, the Animal Control Officer may impound the animal for

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such quarantine at the expense of the owner. The Animal Control Officer shall chargethe owner in such case for the care and board of the animal. Such rates shall be set byresolution of the City Council.

6.1.4004. - Animal Waste.

(a) No owner or person otherwise having an animal in his care, charge, control,custody or possession, shall permit or allow any animal to do any of the following:

(1) Defecate on any pUblic street or other public property without immediatelycleaning or removing the excrement to a proper receptacle.(2) Defecate on any private property other than that of its owner without theconsent of the owner, lessee or other person in control of the private property.(b) Any person owning or otherwise having an animal in his care, charge,

control, custody or possession on any public street or other public property shall carry atool or device to be used for cleaning or removing animal excrement.

6-1.4005 - Animals Kept In Vehicles.

(a) A person shall not leave or confine an animal in any unattended motorvehicle under conditions that endanger the health or well-being of an animal due toheat, cold, lack of adequate ventilation, or lack of food or water, or other circumstancesthat could reasonably be expected to cause suffering, disability, or death to the animal.Section 597.7 of the Penal Code of the State of California is hereby incorporated intothis ordinance.

(b) Any animal that has been confined in a vehicle in violation of this section maybe impounded pending a hearing to determine if the animal shall be returned to itsowner. In the event of any such impoundment, the owner or keeper of the animal shallbe liable for all costs and expenses of impounding or keeping the animal.

(c) Section 23117 of the Vehicle Code of the State of California is herebyincorporated into this ordinance. Any Animal Control Officer or peace officer mayremove an animal that is not properly tethered in accordance with the aforementionedVehicle Code without liability upon the City or any person for resulting damage. Thedriver of the vehicle may be cited for violation of such duty.

(d) With the exception of RVs or motor homes that are adequate and serve asthe residence of the owner, animals may not be housed in vehicles.

6-1.4006 - Cats and Dogs-Maximum Number.

Except as otherwise set forth in this Chapter, no person shall keep or have uponany premises owned, occupied, or controlled by him or her within the City more thanthree (3) dogs and three (3) cats over four (4) months of age. Upon application for relieffrom the maximum number of dogs or cats allowed by this Section, the Animal ControlServices Unit may allow by administrative permit the occupant of the premises tomaintain additional dogs or cats subject to reasonable conditions as are necessary toinsure the general public health, safety and welfare of the general public and or nearbyresidents or businesses.

6-1.4007 - Feral Cats.

(a) It shall be unlawful for any person within the City of Los Banos to intentionallyprovide food, water, or other forms of sustenance to a feral cat except under thefollowing conditions:

(1) Register with the City as a caretaker of feral cats;(2) Feed feral cat(s) daily in a manner that does not leave excess food in thearea;(3) Regularly trap and spay/neuter cats over the age of eight (8) weeks;(4) Identify all altered cats by tipping their ears;(5) Arrange to have all trapped cats vaccinated for rabies in addition to any othervaccination or immunization requirement imposed by the State.

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6-1.4008 - Vaccination.

(a) Every dog over four (4) months of age shall have a medically currentvaccination with an appropriate anti-rabies vaccine approved by the California StateDepartment of Health Services.

(b) Every cat over four (4) months of age shall have a medically currentvaccination with an appropriate anti-rabies vaccine approved by the California StateDepartment of Health Services.

(c) Every person who owns or comes to own an unvaccinated dog or cat overfour (4) months of age shall have thirty (30) calendar days from the date the animal wasobtained to comply with the provisions of this Chapter.

(d) Every veterinarian, after vaccinating a dog or cat for rabies, shall issue acertificate to the owner or custodian. The certificate shall include the followinginformation:

(1) The owner's full name, address, and telephone number;(2) The breed, age, sex, and color or markings of the animal;(3) The date of immunization;(4) The type of vaccine administered;(5) The name of the vaccine manufacturer;(6) The lot number of the vaccine used; and(7) The signature of the veterinarian administering the vaccination of his agentand their veterinary license number.(e) If a copy of the certificate is on file with the Animal Control Officer, a

duplicate copy may be provided when requested by the owner or custodian of theanimal. An administrative fee shall be charged for each duplicate certificate issued.

(f) The owner or custodian must maintain the certificate of vaccination, or a copythereof, and must, upon demand of the Animal Control Officer, Public Safety Officer, orCode Enforcement Officer acting within the course and scope of his or her employment,display said certificate for examination.

(g) Upon written proof provided by a veterinarian that an animal has a medicalcondition which would cause it to be endangered by receiving anti-rabies vaccination,the Animal Control Officer may exempt the animal from the vaccination requirements inthis Section so long as the animal is kept in strict confinement and isolated at all timesand so long as the medical condition is proven to exist. The written proof must alsocontain an estimated date when the animal can be safely vaccinated.

6-1.4009 - Tethering a Dog.

It shall be unlawful for any dog owner or person in responsible charge of any dogto tether said dog for longer than three (3) hours in a 24-hour period, or a time that isotherwise approved by Animal Control Services Unit. No persons shall tether, fasten,chain, tie or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, orrestrained to a dog house, tree, fence or any other stationary object. A dog may beattached to a running line, pulley, or trolley system. A dog may not be tethered bymeans of a choke collar or pinch collar. A person may tether, fasten, chain, or tie a dogwhile engaged in camping or recreational activities, or completing a temporary task thatrequires the dog to be restrained, or engaged in an activity that is conducted pursuant toa valid license issued by the State of California if the activity for which the license isissued is associated with the use or presence of a dog. A dog may be tethered,fastened, chained, or tied while actively engaged in shepherding or herding cattle orlivestock, or cultivating agricultural products.

6-1.4010 - Dogs in Public Parks-Prohibited-Exception.

Dogs are prohibited in public parks and playground areas unless such dogs areunder physical restraint by a person capable of controlling the dog by means of a leashat a length necessary to maintain and keep such animal under effective charge andcontrol. This provision shall not apply to any area specifically designated as a dog parkor off leash exercise area.

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6-1.4011 Dog Park Regulations.

(a) The City Council may, from time to time, designate secured areas within theCity for walking, recreation, training, and socialization of dogs.

(b) The following provisions for dog park use are in addition to the otherrequirements of the Los Banos Municipal Code.

(1) Hours of operation for the dog park shall be established by the Department ofPublic Works.(2) All dogs that are brought into the dog park must have a current dog licensetag and must be wearing a collar with a current license tag as required bySection 6-1.3006.(3) All dogs that are brought into the dog park must be healthy with nocontagious conditions, parasite free, and vaccinated as required by Section 6-1.4008.(4) Potentially dangerous dogs, vicious dogs, unaltered dogs, and puppies underfour (4) months of age are prohibited from entering the dog park. Dogs exhibitingthreatening or aggressive behavior must be immediately removed from the dogpark. In the event of a dog bite or other injury caused by a dog, the personhaving charge, care, custody or control of the dog that caused the injury mustprovide current license tag information and a telephone number to the injuredparty.(5) Separate areas for use by small dogs and large dogs may be designated atthe dog park. Such areas will be separated by fencing and signage shall indicatethe minimum and/or maximum weight and/or size of dog allowed in thedesignated area. Dogs are restricted to use of the area designated for their size.(6) Dogs shall be off-leash only once inside the fenced area of the dog park. Allpersons owning or having charge, care, custody or control of any dog in the dogpark must carry a leash.(7) A maximum of three (3) dogs per person age fourteen (14) years of age orolder shall be allowed inside the dog park at anyone (1) time. Dogs may not beleft unattended in the dog park, and close supervision of all dogs is required.(8) No children under the age of six (6) years are permitted in the dog park.Children from ages six (6) to fourteen (14) are permitted in the dog park withadult supervision.(9) All persons bringing a dog into the dog park shall be responsible for cleaningup after their dog, disposing of dog feces in the designated dog wastereceptacles, and filling and repairing holes dug by their dog.(10) All human and dog food, including food products, are prohibited in the dogpark.(11) Use of noise amplification equipment, including bullhorn, air horn, or similardevice which results in noise disturbance, is prohibited in the dog park.(12) Commercial use of the dog park is prohibited, including dog training classes,dog grooming, and solicitations or advertisement for pet-related services.(13) No private rental of the dog park is permitted.(14) No private equipment, attraction, or structure may be brought into the dogpark.

6-1.4012 - Animal Nuisances.

(a) No owner, guardian or person otherwise having an animal in her or his care,charge, control, custody or possession shall permit or allow the existence of an animalnuisance as defined in Sub Section (b) herein. The keeping, harboring, maintaining, orowning of any animal committing an animal nuisance in addition to being a violation ofthis Chapter, is hereby declared to be a nuisance subject to abatement proceedingsdescribed herein.

(b) "Animal nuisance," within the meaning of this Chapter, means such actionsor behaviors of an animal which interfere with the rights of persons to the enjoyment oflife or property by creating chronic or habitual annoyance, disturbance, or discomfort toneighbors or others in close proximity to the premises where the animal is kept,harbored or maintained, and shall include, but not be limited to the following:

(1) Permit unsanitary conditions to exist on the premises where the animal iskept which would cause odors, attract flies or vermin, or otherwise be injurious to

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public health and safety, or indecent or offensive to the senses, or an obstructionto the free use of property, so as to interfere with the comfortable enjoyment oflife or property by the neighborhood, community or persons;(2) Keep, maintain, cause or permit to be kept or maintained any animal makinga chronic, continuous excessively loud or disturbing noise that prevents theresident or residents of any property from enjoying the full use of that property forany lawful purpose including but not limited to sleep or rest;(3) Causing offense or danger to public health, safety, or welfare by virtue of thenumber or types of animals and the method they are maintained;(4) Permit an animal to obstruct the reasonable and comfortable use of propertyin any neighborhood or community by chasing vehicles, molesting or bitingpassersby;(5) The maintenance of any animal in violation of any provision of this Chapter orany order of an Animal Control Officer or hearing officer issued pursuant to thisChapter; or(6) To keep or maintain any animal in violation of the Zoning Code of the City.(c) If the Animal Control Officer finds such animal nuisance to exist, a written

notice/abatement order shall be served upon the owner or custodian of the animal(s)ordering that the animal nuisance shall be abated. The owner or custodian of theanimal(s) may contest the abatement order in writing or in person within ten (10) days ofreceipt of the abatement order by requesting a hearing on the allegations.

(d) Upon a determination after a hearing held in accordance with the provisionsof Section 6-1.4013 of this Chapter, the Animal Control Officer shall have the authorityto take whatever measures are specified in the determination to abate the animalnuisance including, but not limited to, impoundment and destruction of the nuisanceanimal.

6-1.4013 - Nuisance Abatement Hearing-Procedures and Findings.

(a) Upon receipt of a request for a hearing from the owner of an animal(s)referred to under an abatement order issued pursuant to Section 6-1.4012 the CityManager shall appoint a hearing officer, who may be an employee of the City. At thediscretion of the City Manager, the services of a hearing officer from outside the Citymay be appointed.

(b) The hearing officer shall then schedule a hearing and serve notice of thehearing, with at least ten (10) days prior notice, upon the owner of the animal(s). Thehearing notice shall be in writing and contain the date, time and location of the hearingand be served upon the owner of the animal(s), the complainants and to any otherinterested parties who request such a notice. The notice shall be served by personaldelivery or by depositing a copy in the United States mail, addressed to the person to beserved. The notice shall also include a copy of the original complaint, the originalabatement order and a copy of this Section.

(c) In conducting the hearing, the hearing officer shall not be bound by the strictrules of evidence as applied in judicial proceedings, however, the hearing officer shallobserve the substance of those rules to insure that reasonably competent and reliableevidence is presented upon which a decision can be based concerning the existence ornonexistence of the animal nuisance. The hearing officer shall accept oral anddocumentary evidence to issues in the animal nuisance abatement offered by anyinterested person.

(d) Within ten (10) days upon completion of the hearing, the hearing officer shallmake written findings upholding or dismissing the original abatement order. The Cityshall promptly serve the owner of the animal(s) with the findings of the hearing officer bypersonal delivery or by depositing a copy in the United States mail. If the hearing officerdetermines that the animal nuisance exists, the Animal Control Officer shall issue anorder setting forth what actions are reasonably necessary in order to abate the publicnuisance and shall require the affected owner to take all steps required to comply withthe order.

(e) An order issued by the Animal Control Officer pursuant to the findings of thehearing officer shall be final and conclusive. The Animal Control Officer shall take actionregarding the failure of an animal owner to comply with the post-hearing order,including, but not limited to, forwarding the information to the city attorney for obtaininga judicial order for the enforcement of the abatement order. In the event that litigation is

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reasonably required to obtain compliance with a post-hearing order, the owner who hasfailed to comply with the order shall pay to the City all costs incurred, including, but notlimited to, reasonable attorneys' fees.

Article 5 - ANIMAL NOISE

6-1.5001 Animal Noise Citation - General

(a) It shall be unlawful for any person to keep on any premises, any dog, fowl,or other animal, that habitually barks, bays, cries, howls, or makes any other noise socontinuously or incessantly as to unreasonably disturb the peace and quiet of theneighborhood or in such manner as to disturb or annoy persons in the neighborhoodwho are of ordinary sensibilities.

(b) Upon written complaint of two (2) or more persons residing in differenthouseholds within three hundred (300) feet of the location of the disturbance that adog, fowl, or other animal habitually barks, bays, cries, howls, or makes any othernoise so continuously or incessantly as to unreasonably disturb the peace and quiet ofthe neighborhood, the Animal Control Officer shall notify the owner/custodian of thedog, fowl, or other animal that a complaint has been received and the person shall takewhatever reasonable steps the Animal Control Officer deems necessary to alleviate thenoise.

(c) The Animal Control Officer has the authority to issue an administrativecitation to any responsible person for a violation of this Section. A responsible personto whom a civil citation is issued shall be liable for and shall pay the fine or fines as setforth by resolution of the City Council.

(d) The Animal Control Officer may, prior to the issuance of a civil citation:(1) Attempt to make personal contact with the responsible person(s) in person,by telephone or by letter in an effort to correct the problem.(2) Issue a warning.(3) Grant a reasonable extension period to permit time to correct the problem notto exceed ten (10) days.

6-1.5002. - Payment of Animal Noise Civil Fines.

Payment of an administrative penalty shall not excuse the violator from correctingthe animal noise violation. The issuance of a civil citation and/or payment of a fine shallnot bar the City from taking any other enforcement action regarding a violation that isnot corrected, including issuing additional civil citations, issuing a writtennotice/abatement order, and/or filing a civil or criminal complaint.

Article 6 - IMPOUNDMENT AND QUARANTINE OF ANIMALS

6-1.6001 - Impoundment.

(a) Any animal may be taken up and impounded if, to the knowledge of theAnimal Control Officer, any Public Safety Officer, or any Code Enforcement Officer anyof the following cond itions exist:

(1) The animal is engaged in behavior or existing in a condition prohibited by thisChapter;(2) Where impoundment is authorized by this Chapter.(3) The animal is, or will be, without proper care due to the injury, illness, death,incarceration, or other involuntary absence of the owner or person responsiblefor the care of such animal; or(4) The animal is required to be quarantined.(b) Impoundment on Private Property. An animal which has become subject to

impoundment while off the property of its owner or custodian and has returned to thesame shall not be impounded if the owner or custodian is present to accept a citation forthe offense, unless, except as provided in Section 53074 of the California GovernmentCode, a clear and present danger to public safety exists by virtue of the animalremaining upon the property.

(c) Notice of Impoundment. When an animal implanted with a microchip orwearing a current Los Banos license tag is impounded, the Animal Control Officer shallmake a reasonable attempt within twenty four (24) hours of impoundment to notify the

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owner or custodian of record in person, by telephone, or mail of the date and place ofimpoundment or removal.

6-1.6002 - Duration of Impoundment.

(a) All impounded animals shall be kept in the animal shelter or other authorizedplace of impoundment for the period as described in Sections 31108,31752 and 31753of the Food and Agricultural Code or applicable State law as amended from time totime.

(b) During this holding period and prior to adoption or euthanasia, the animal willbe scanned for a microchip, license tag, tattoo or other form of identification. If one isfound and the owner can be determined, a reasonable effort must be made to contactthe owner of the animal.

(c) Except as set forth herein or by State law, any stray dog or cat that isimpounded pursuant to this Chapter shall, prior to the euthanasia of that animal, bereleased to a nonprofit, as defined in Section 501 (c)(3) of the Internal Revenue Code,anirnal rescue or adoption organization if requested by the organization prior to thescheduled euthanasia of that animal.

(1) Excepting stray animals experiencing irremediable suffering from a seriousillness or severe injury, or needing maternal care;(2) Excepting stray animals that at or subsequent to the time the animal isimpounded or otherwise taken into possession, have manifested signs of abehavioral or temperamental defect that could pose a health or safety risk orotherwise make the animal unsuitable for placement as a pet; or(3) Excepting stray animals that have manifested signs of disease, injury, orcongenital or hereditary condition that adversely affects the health of the animalor that is likely to adversely affect the animal's health in the future.(d) If an apparently feral cat has not been reclaimed by its owner or caretaker

within the first three days of the required holding period, shelter personnel qualified toverify the temperament of the animal shall verify whether it is feral or tame by using astandardized protocol. If the cat is determined to be docile or a frightened or difficulttame cat, the cat shall be held for the entire required holding period specified in Section31752 of the Food and Agriculture Code. If the cat is determined to be truly feral, the catmay be euthanized or relinquished to a nonprofit, as defined in Section 501(c)(3) of theInternal Revenue Code, animal adoption organization that agrees to the spaying orneutering of the cat if it has not already been spayed or neutered.

6-1.6003 - Redemption of Impounded Animal.

(a) The owner or custodian of any animal impounded may, at any time beforethe expiration of the period of impoundment, redeem the animal. An owner whoredeems an animal shall be subject to all applicable fees as set forth by resolution of theCity Council for each animal redeemed or as otherwise as provided for in this Chapter.Except as otherwise provided in this Chapter, an impounded animal which is notredeemed within the specified holding period, whether due to a failure to satisfymonetary obligations or otherwise, shall be considered to be abandoned by its ownerand shall become the property of the City. Such animal may be disposed of as providedin this Chapter. Abandonment does not relieve the owner's obligation to pay all feesrelated to the impounding and keeping of the animal.

(b) If the impounded animal is not currently vaccinated against rabies asrequired by law, the subject animal must be vaccinated against rabies by a Californialicensed veterinarian prior to redemption and the cost of the vaccination and any othercosts accrued accomplishing the vaccination, including additional impoundment fees,must be satisfied before the animal is released or as otherwise directed by the AnimalControl Services Unit.

(c) The refusal or failure of the owner or custodian of any impounded animal topay the fees and charges after due notification shall be held to be an abandonment ofthe animal by the owner or custodian. Any person so abandoning their animal shall besubject to an administrative citation and fine as set by resolution of the City Council andor a misdemeanor.

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(d) All animals that have been impounded for biting or having been deemedpotentially dangerous or vicious as outlined in Article 8 of this Chapter must beimplanted with a microchip at the owners or custodian's expense prior to redemption.

(e) Upon the third impound within a twelve (12) month period, any dog or cat soimpounded must be spayed or neutered at the owner's or custodian's expense prior toredemption. If the owner or custodian can prove to the Animal Control Services Unit thatthe animal is a valuable breeding animal and currently registered with a nationalorganization such as the American Kennel Club and such sterilization would devaluethe animal, this requirement may be waived.

6-1.6004 - Owner Surrendered Animals.

(a) An owner may voluntarily surrender his or her animal to the Animal Shelterfor placement for adoption or other disposition. Any animal that is voluntarilysurrendered to or deposited with the Animal Shelter by the owner shall immediatelythereafter become the property of the City. It shall be understood that no guarantee ofplacement will be made, and humane disposal will be at the discretion of the AnimalControl Services Unit.

(b) Upon surrender of the animal to the Animal Shelter, the owner or custodianmust present sufficient identification such as driver's license, California identificationcard, and shall sign a statement that he or she is the lawful owner of the animal.

(c) Any owner of an animal who voluntarily surrenders an animal to the AnirnalShelter shall be subject to all applicable fees as set forth by resolution of the CityCouncil for each animal surrendered or otherwise as provided for in this Chapter.

(d) The surrender of an animal by an owner to the Animal Shelter, subsequent toimpoundment for a violation of this Chapter or any provisions of State law, shall notrelieve the owner of the obligation to pay such fees or charges as set forth in thisChapter incurred prior to such surrender.

(e) If the animal surrendered has a history of vicious or potentially dangerousbehavior, it may be immediately euthanized in accordance with Section 31108.5 of theFood and Agriculture Code.

(f) Any animal relinquished by the purported owner that is of a speciesimpounded by the Animal Shelter including rabbits, guinea pigs, hamsters, potbelliedpigs, birds, lizards, snakes, turtles, or tortoises shall be held for the same holdingperiods, with the same requirements of care, applicable to stray dogs and cats inSections 31108 and 31752 of the Food and Agriculture Code, and shall be available forowner redemption or adoption for the entire holding period. Notwithstanding theforegoing, kittens or puppies relinquished by the purported owner, or brought in by anyother person with authority to relinquish them, to public or private shelters, may beavailable immediately for adoption.

6-1.6005 - Disposition of Impounded and Surrendered Animals - Spay and NeuterCompliance.

(a) Except as otherwise provided in this Chapter, an impounded animal which isnot redeemed within the applicable holding period specified in this Chapter or an animalvoluntarily surrendered to the Animal Control Officer for adoption, except an animal thathas been impounded for quarantine or is known to have bitten a human or to havedemonstrated potentially dangerous or vicious propensities, may, at the discretion of theAnimal Control Officer, be sold, adopted, or may be destroyed.

(b) No dog or cat shall be made available for adoption unless the dog or cat isspayed or neutered in accordance with California Food and Agricultural Code Sections30503 and 31751.3 or is otherwise exempt pursuant to this subsection or State law. Thedog or cat must be at least eight weeks of age and not dependent on maternal care.

(1) If a veterinarian licensed to practice veterinary medicine in this state certifiesthat the dog or cat is too sick or injured to be spayed or neutered, or that it wouldotherwise be detrimental to the health of the dog or cat to be spayed or neutered,the animal shelter will hold the surgical fees paid as a spay neuter deposit. TheAnimal Control Services Unit shall establish the amount of the deposit at the levelhe or she determines is necessary to encourage the spaying or neutering of thedogs or cats. The deposit shall be temporary, and shall only be retained until thedog or cat is healthy enough to be spayed or neutered, as certified by a

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veterinarian licensed to practice veterinary medicine in this state. The dog or catshall be spayed or neutered within fourteen (14) business days of thatcertification. The contract veterinarian will send proof of the surgical sterilizationto the animal shelter with an invoice for the surgery within thirty (30) businessdays. The deposit will be paid directly to that adopter upon receipt of thecertification or forfeited if no certification is received within the time set forthherein.(2) Failure to spay or neuter the cat or dog as required, is a misdemeanor. Acitation will be issued to the adopter in addition to forfeiture of the spay or neuterdeposit. The animal must be returned to the animal shelter or Animal ControlOfficer upon demand. The adopter may also be subject to Civil Penalties asindicated in Sections 30522 and 30523 of the Food and Agriculture Code.(3) The Animal Control Services Unit, society for the prevention of cruelty toanimals shelters, humane society shelters, and rescue groups may enter intocooperative agreements with each other and with veterinarians in lieu of requiringspaying and neutering deposits to carry out this Section.(c) When an animal is sold or adopted, the receipt issued by the Animal Control

Officer shall be valid title to the purchaser.(d) Except as set forth herein or by State law, any stray dog or cat that is

impounded pursuant to this Chapter shall, prior to the euthanasia of that animal, bereleased to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code,animal rescue or adoption organization if requested by the organization prior to thescheduled euthanasia of that animal.

(1) Excepting stray animals experiencing irremediable suffering from a seriousillness or severe injury, or needing maternal care;(2) Excepting stray animals that at or subsequent to the time the animal isimpounded or otherwise taken into possession, have manifested signs of abehavioral or temperamental defect that could pose a health or safety risk orotherwise make the animal unsuitable for placement as a pet; or(3) Excepting stray animals that have manifested signs of disease, injury, orcongenital or hereditary condition that adversely affects the health of the animalor that is likely to adversely affect the animal's health in the future.

6-1.6006 - Quarantine.

(a) The Animal Control Officer shall ensure that all animals falling into thefollowing categories shall be isolated or quarantined or destroyed and a rabiesspecimen taken at the animal shelter or at such other place and under such conditionsas are prescribed by the health officer or authorized according to other applicableCalifornia State laws and regulations:

(1) Known rabid animals;(2) Suspected rabid animals;(3) Animals that have bitten or otherwise exposed a human to rabies; and(4) Animals of a species subject to rabies, which have been bitten by a knownrabid or suspected rabid animal or have been in intimate contact with a knownrabid or suspected rabid animal.(b) In circumstances where the bite or exposure to rabies occurred while the

victim was on the property of the owner or custodian of the animal or when the victim isa member of the family or household of the owner or custodian, and when the animal iscurrently vaccinated against rabies and, as applicable, licensed as required by theprovisions of this chapter, the animal may, at the discretion of the Animal ControlOfficer, be quarantined on the property of the owner provided the following:

(1) The owner of said animal can and does agree to ensure its confinement andisolation for the period of quarantine;(2) The owner agrees, upon demand of the health officer or the Animal ControlOfficer during the period of quarantine, to surrender the animal to the AnimalControl Officer;(3) The owner agrees to immediately notify the Animal Control Officer if theanimal escapes, becomes ill, or dies.(c) It is unlawful for the owner or keeper of an animal to violate any of the

conditions of isolation or quarantine prescribed by the health officer. Any violation of thissection is a misdemeanor.

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(d) Notwithstanding any other provision of this Chapter, the owner of any animalwhich is required by law to be vaccinated for rabies and which has not been sovaccinated and which bites or wounds any person or other animal shall be subject to anadministrative fine established by resolution of the City Council.

(e) Upon the death of any known rabid animal, suspected rabid animal, oranimal which has bitten or otherwise exposed a human or other animal to rabies, theAnimal Control Officer shall obtain and hold for the local health officer the carcass of theanimal or an adequate specimen thereof, except that the Animal Control Officer is notresponsible for the gathering of a specimen from the carcass of an animal.

(f) The local health officer may determine and declare that a rabies epidemic orother unusually dangerous health situation exists among dogs or other animals in thecounty, or in any part thereof. Upon making of such a declaration, the local health officershall prepare and promulgate such rules and regulations as are necessary for theconduct of all persons within the area where the dangerous condition exists, and thedogs and other animals within the area. These rules and regulations of the local healthofficer may include, but are not limited to, quarantine, vaccination and destruction ofdiseased or suspected rabid or stray animals by humane methods. Such rules andregulations shall be effective when filed with the City Clerk. It shall be the duty of theAnimal Control Officer to comply with all directives of the local health officer in theenforcement of the rules and regulations. A violation of any such rules and regulationsshall be deemed a violation of this chapter.

Article 7 - PERMITS; BREEDERS CERTIFICATES; COMMERCIAL ANIMALESTABLISHMENTS.

6-1.7001 - Rescue Permit

(a) The term "rescue permit" shall mean a written authorization issued annuallyby the Animal Control Services Unit giving a lawful rescue group the authority to hold anagreed upon number of dogs and/or cats at a specific location for the purpose of placingthem in permanent homes, without having to obtain a use permit.

(b) The rescue group must provide proof to the Animal Control Services Unit of acurrent and valid nonprofit group status, as defined in the Internal Revenue Code andissued by the Internal Revenue Service Department of Treasury, as required by Foodand Agriculture Code Section 31108(b).

(c) The rescue group must submit to annual inspections of the site whereanimals are to be housed.

(d) The rescue group must provide documentation of caretakers that areresponsible for the care, feeding and treatment of the animals in addition to and in theabsence of the individual applying for the permit.

(e) An evacuation plan must be on file at the site location.(f) If the residence is not owned by the applicant, written permission from the

land owner must be kept on file with the Animal Control Services Unit.(g) No dog or cat may be sold, adopted, bartered, or otherwise transferred,

whether for compensation or otherwise, until it has reached the age of at least eight (8)weeks of age and not dependent on maternal care and has received its firstimmunization against common diseases and proof of spay or neuter (as required byFood and Agriculture Code Section 30503) has been provided to the new owner. If aveterinarian has determined that spay/neuter is inappropriate for the animal's advancedage or health, a dog/cat maybe placed with a new family with proof of verification, asstipulated in the Food and Agriculture Code Section 30503.

(h) Rescue permits can be revoked by the Animal Control Officer if there arecomplaints of excessive noise, feces or smell. All feces must be removed prior toaccumulation upon the property. Feces must be removed prior to the occurrence ofoffensive odors or fly and/or rodent infestation. Feces must be removed by placing themin a plastic bag for deposit in appropriate garbage container. It is unlawful to depositfeces in manner which may create a health hazard.

(i) Any kennels built or operated at the permitted location or on the grounds ofthe rescue group shall be SUbject to the requirements of the Los Banos Zoning orBuilding Code.

(j) No dead animals shall be buried on the premises.

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(k) Rescue permits shall not be issued to any person who has been convicted ofanimal cruelty or neglect.

6-1.7002 - Breeder Certificate.

(a) No person shall cause or allow any dog or cat owned, harbored, or keptwithin the City of Los Banos to breed without first obtaining a Breeder Certificate fromthe City.

(b) The term "Breeder Certificate" shall mean a written authorization issuedannually by the Animal Control Services Unit giving its lawful holder permission to breedone (1) litter per year per designated animal.

(c) Any holder of a Breeder Certificate who advertises to the public theavailability of any dog or cat for sale, adoption, or transfer, whether for compensation orotherwise, must prominently display the Breeder Certificate number in any suchadvertisement. Further, the Breeder Certificate holder must provide the Certificatenumber to any person who purchases, adopts or receives any animal from theCertificate holder and include the Certificate number on any receipt of sale or transferdocument.

(d) No offspring may be sold, adopted, bartered, or otherwise transferred,whether for compensation or otherwise, until it has reached the age of at least eight (8)weeks of age and not dependent on maternal care and has received its firstimmunization against common diseases.

(e) The following animals are exempt from Breeder Certificate requirements:(1) Dogs documented as having been appropriately trained and actively used bylaw enforcement agencies for law enforcement and rescue activities;(2) Dogs documented as guide, signal, or service dogs pursuant to CaliforniaPenal Code Sections 365.5(d), (e) and (f) and successor sections;(3) Dogs and cats under the care of governmental animal control agencies;animal rescue organizations which have demonstrated to Animal ControlServices Unit that they have implemented an ongoing spay/neuter plan, as wellas an adoption plan; or humane societies or societies for the prevention of crueltyto animals, if such societies are incorporated under the provisions of CaliforniaCorporations Code Section 10400 and the Nonprofit Public Benefit CorporationLaw in Part 2 of the California Corporations Code, beginning at Section 5110,and successor sections;(4) Dogs documented as enrolled in a guide, signal or service dog breedingprogram administered by a person licensed under Chapter 9.5 (commencing withSection 7200), Division 3 of the California Business and Professions Code; and(5) When a veterinarian has determined that spay/neuter is inappropriate for theanimal's age or health.(f) When contacted by an Animal Control Officer, the owner of a pregnant or

whelping dog or cat must either show proof of an impending spay/neuter appointment oragree to participate in a low-cost spay/neuter program, or purchase a BreederCertificate.

(g) Breeder Certificates shall not be issued to any person who has beenconvicted of animal cruelty or neglect.

6-1.7003 - Penalties and Revocation: Breeder Certificate.

(a) The minimum penalty for violating Section 6-1.7002 shall be established byresolution of the City Council and shall not be waived upon the transfer or abandonmentof the animal. This penalty shall be imposed in addition to any other applicable civil orcriminal penalties.

(b) Any Breeder Certificate may be revoked if the owner is in violation of:(1) Any of the provisions of this Chapter relating to the keeping, care, or use ofany animal;(2) Any State health or safety law or regulation regarding animal care or control;or(3) Any condition or requirement to pay any fee imposed under this Chapter.

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6-1.7004 - Commercial Animal Establishments.

(a) Every person who owns, conducts, or operates a pet shop, pet store, petdealer, commercial kennel, private kennel, boarding kennel, grooming parlor, animalmenagerie, or animal shelter shall comply with all provisions of the Lockyer-Polanco-Farr Pet Protection Act (California Health and Safety Code Sections 122125 et seq.),the Pet Store Animal Care Act (California Health and Safety Code Sections 122350 etseq.), any similar laws that may be subsequently enacted, and all applicable provisionsof this Chapter.

(b) It is unlawful for any person, firm, corporation, or association to erect,establish, or maintain any commercial animal establishment, commercial kennel, or petshop without first obtaining a business license from the City. After inspection andapproval of the conditions of the commercial animal establishment by the AnimalControl Officer, the required business license may be issued by the City. Such licenseshall be issued pursuant to City licensing regUlations, provided any inspection by theAnimal Control Officer and other City officials does not reveal any violation of theprovisions of this Chapter, the City building codes and Zoning ordinances and any otherordinances, rules or regulations. Every person within the City who owns, conducts,manages, a commercial animal establishment for which a City business license orspecial use permit is required shall comply with each of the following conditions:

(1) Housing facilities shall be structurally sound and shall be maintained in goodrepair to protect animals from injury and restrict entrance of other animals;(2) All animals and all animal buildings or enclosures shall be maintained in aclean and sanitary condition;(3) Animals shall be supplied with sufficient good, and wholesome food andwater as often as the feeding habits of the respective animals require;(4) Animal buildings and enclosures shall be so constructed and maintained as toprevent escape of animals;(5) All reasonable precautions shall be taken to protect the public from theanimals and the animals from the public;(6) Every building or enclosure wherein animals are maintained shall be properlyventilated to prevent drafts and to remove odors. Heating and cooling shall beprovided as required according to the physical needs of the animals;(7) All animal rooms, cages, and runs shall be of sufficient size to provideadequate and proper housing for animals kept therein;(8) All animal runs shall be of concrete and provided with adequate drainage intoan approved sewer or individual sewer disposal installation;(9) All animals shall be taken to a licensed veterinarian for an examination andtreatment if so ordered by the Animal Control Officer;(10) Every violation of applicable regulation shall be corrected within reasonabletime to be specified by the Animal Control Officer;(11) Commercial animal establishments shall comply with all other applicable LosBanos Municipal Codes and ordinances;(12) All commercial animal establishments may be inspected from time to time byan Animal Control Officer to investigate any complaints of violations of theprovisions of this section. Failure of the applicant for a license or special usepermit to comply with anyone of the foregoing conditions shall be deemed justcause for the denial of any business license, whether original or renewal and/orthe issuance of a citation for violations pursuant to provisions of this Section.

6-1.7005 - Reporting of Animal Records.

All persons who sell, adopt, or transfer ownership of animals must maintainrecords for a period of twelve months from sale, transfer, or adoption for all animals soldor adopted to be released to the Animal Control Services Unit upon request.

Article 8 - VICIOUS / POTENTIALLY DANGEROUS DOGS

6-1.8001 - Definitions

For the purpose of this Article, unless it is plainly evident from the context that adifferent meaning is intended, certain terms used in this Chapter are defined as follows:

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(a) "Animal Control Services Unit" means that section of the Los Banos PoliceDepartment designated by the Chief of Police as being responsible for animal controland/or services within the City.

(b) "Enclosure" means a fence or structure suitable to prevent the entry of youngchildren, and which is suitable to confine a potentially dangerous dog or vicious dog.The enclosure shall be securely locked, shall have secure sides and bottom sufficient toprevent the dog from escaping, and shall be of sufficient size to provide the dog with anadequate exercise area. A top may be required for the enclosure if necessary to assurethe dog's containment.

(c) "Impoundment" means the taking into custody of an animal by an AnimalControl Officer, Public Safety Officer or Code Enforcement Officer.

(d) "Muzzle" means a device that is placed over the snout of an animal to keep itfrom biting. A muzzle is primarily solid with air holes to allow the animal to breathe anddrink usually made in leather, wire, plastic, nylon or similar materials.

(e) "Potentially dangerous dog" means:(1) Any dog which, when unprovoked, on two (2) separate occasions within theprior thirty-six (36) month period, engages in any behavior that requires adefensive action by any person to prevent bodily injury when the person and thedog are off the property of the owner or keeper of the dog; or(2) Any dog when unprovoked, bites a person causing a less severe injurydefined by State law as any physical injury that results in muscle tears,disfiguring, lacerations, or requires multiple sutures, corrective or cosmeticsurgery; or(3) Any dog when unprovoked on two (2) separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise causedinjury while attacking a domestic animal off the property of the owner or keeper ofthe dog.(f) "Severe injury" means any physical injury to a human being that results in

muscle tears or disfiguring lacerations or requires multiple sutures or corrective orcosmetic surgery.

(g) "Unprovoked" means without being intentionally incited to aggressive action.(h) "Vicious dog" means:(1) Any dog which has been trained to fight or which is owned or maintained forthis purpose; or(2) Any dog which, when unprovoked, in an aggressive manner, inflicts severeinjury on or kills a human being; or(3) Any dog previously determined to be and currently listed as a potentiallydangerous dog which, after its owner or keeper has been notified of thisdetermination, continues the behavior described in the definition of potentiallydangerous dog or is maintained in violation of the requirements of a potentiallydangerous dog set forth in this Chapter or by State law.

6-1.8002 - Vicious Behavior Prohibited.

(a) It is unlawful for any person owning, possessing, controlling, harboring orkeeping any dog or puppy to cause or permit said animal to exhibit or engage in viciousbehavior as defined in this Article.

(b) This Article shall not apply to dogs while utilized by any police department orany law enforcement officer in the performance of police work.

6-1.8003 - Vicious Dog Abatement Hearing Procedure.

(a) Purpose and Intent. Within the City there are vicious dogs which constitute apublic nuisance which should be abated. The provisions of this Section provide anadministrative procedure by which dogs found to be a nuisance may be abatedfollowing a hearing at which oral and documentary evidence is considered. This Sectionis intended to supplement rather than supplant any other remedy available either understate law or this Code.

(b) Vicious Dog Defined. Any dog, except one assisting a peace officer engagedin law enforcement duties, which demonstrates any of the behavior as described inSections 6-1.8001 as set forth herein, is presumed vicious.

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(c) Investigation. Any incident reported to the Los Banos Police Departmentconcerning a vicious dog may be investigated by the police chief, or designee. Theinvestigation may consist of the observations and/or reports of officers made at the timeof the incident, or follow up reports. If, based on the investigation, the police chief ordesignee concludes that there is probable cause to believe that the dog is vicious, heshall so certify in writing within ten (10) business days following completion of theinvestigation to the person owning or controlling the dog. Thereafter a hearing may beheld pursuant to subsections (e), (f) and (g) of this section.

(d) Confinement of Dog. If the police chief or designee, certifies that there isprobable cause to believe that a dog is vicious and a risk to public safety, the policechief or designee may direct any Animal Control Officer, Public Safety Officer, CodeEnforcement Officer or other authorized employee of the City to enter the yard of anyprivate residence or business in order to seize any such dog, whether running at largeor not, and confine the dog at an appropriate animal shelter pending the decision of theCity Manager or designee, following the hearing provided for in subsections (e), (f) and(g) of this section. The cost of said confinement shall be paid by the person owning orcontrolling such dog. The dog shall not be released until such costs have been paid infull.

(e) Hearing-Schedule. A hearing shall be held promptly after the Police Chief'scertification (subsection (c), within no less than five (5) business days nor more than ten(10) business days after service of the notice upon the owner or keeper of the dog. Thehearing shall be open to the public. The City Manager, or the appointed hearing officer,shall either personally or by first class mail return receipt requested serve notice of thehearing and the Police chief certification to the owner or person controlling the dog insubstantially the following form:

NOTICE OF HEARING REGARDING VICIOUS DOGTO: (name);(address).

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Section 6-1.8003 of theLos Banos Municipal Code, the Police Chief has certified that there is probable cause tobelieve a dog owned or controlled by you, a (breed) , is vicious.

FURTHER NOTICE IS HEREBY GIVEN that on the dayof , 20 , at the hour of o'clock, in theoffices of the City Manager, City Hall, 520 J Street, Los Banos, California, the report ofthe Police Chief or designee, will be considered by the City Manager or an appointedhearing officer with such other oral and documentary evidence bearing upon thequestion of whether your dog is vicious. You may appear and may present evidence atthe hearing. You may also be represented by an attorney. If you fail to appear withoutgiving notice to the City Manager, the matter may proceed in your absence and suchabsence may be further considered a waiver of your right to present evidence andobject to any decision made.

In the event your dog is found to be vicious, it will be ordered to be controlled, confined,destroyed, restricted, or otherwise abated as a public nuisance and any impoundmentcost incurred shall be assessed against you.

A copy of this notice has been sent to property owners within three hundred (300) feetof your address.

Dated: _City Manager

(f) Hearing-Procedure. At the hearing, which may be continued from time totime, both oral and documentary evidence may be taken from any interested personand considered in determining whether the dog is vicious. Any owner who fails toappear after notice as provided herein was given, without obtaining a continuance fromthe City Manager or an appointed hearing officer, may be deemed to have waived anyright to introduce evidence or object to an order made by the City Manager. If thehearing is conducted by a hearing officer other than the City Manager, the hearing

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officer shall submit a report to the City Manager summarizing the evidence and makinga recommendation as to disposition.

(g) Hearing-Findings-Public Nuisance. If, based upon the hearing, and thereport of the hearing officer, if any, the City Manager upholds the findings of the policechief or designee, that the dog is vicious, the City Manager shall so specify in writingtogether with the reasons therefore. Any dog found to be vicious is deemed a publicnuisance and shall be, pursuant to the order of the City Manager, humanely destroyed,be removed from the City, or the nuisance otherwise abated by appropriate order of theCity Manager. The decision of the City Manager shall be made within ten (10) businessdays after the conclusion of the hearing and shall be final. A copy of the decision shallbe sent by first class mail postage prepaid or personally served upon the person owningor controlling the dog.

(h) If the City or the owner or keeper of the dog contests the determination, he orshe may, within five (5) days of the receipt of the notice of determination, appeal thedecision of the court or hearing entity of original jurisdiction. If the original hearing heldwas before a hearing entity other than a court of the jurisdiction, appeal shall be to thesuperior court. The appealing party shall serve personally or by first-class mail, postageprepaid, notice of the appeal upon the other party.

(i) Cost of Impoundment. If the City Manager finds the dog is vicious, the costsof impoundment incurred by the City, including any abatement period, shall be paid bythe owner or the person controlling the dog and may become a lien against the realproperty upon which the dog was kept and maintained until said lien is paid. If the orderincludes the release of a dog found to be vicious to the owner or person controlling it,the dog shall not be released until such costs have been paid in full. If such costs havenot been paid within thirty (30) calendar days after the date of mailing or delivery of theorder, the City Manager may dispose of the dog in any manner provided by law, orreturn the dog and pursue alternative collection procedures. The total amount of theimpoundment charges may be entered on the next fiscal year tax roll as a lien againstthe property upon which the dog was maintained and shall be subject to the samepenalties as are provided for other delinquent taxes, liens or assessments of the city, oran action may be brought in the name of the City to recover the costs of impoundment.

U) Criminal Sanctions. Any violation of this Article 8 is a misdemeanor.

6-1.8004 - Time Limit to Meet Requirements

All requirements for owners of a dog determined vicious or potentially dangerousmust be satisfied within thirty (30) days of notice of determination or thirty five (35) daysif mailed. Proof of compliance must be provided to Animal Control Services Unit. If allthe requirements are not satisfied within the time limit set forth herein, or the animalowner is unable or unwilling to comply, the dog shall be humanely euthanized either byan Animal Control Officer or by a licensed veterinarian. Proof of euthanasia shall beprovided to Animal Control Services Unit within two (2) business days.

6-1.8005 - Insurance Requirements for Vicious or Potentially Dangerous Dogs.

The owner or keeper of any dog determined to be VICIOUS or potentiallydangerous under this Article or a Court of competent jurisdiction shall present to AnimalControl Services Unit proof that the owner or keeper has procured liability insurance inthe amount of at least $500,000.00. The liability insurance shall cover any damage orinjury which may be caused by the vicious or potentially dangerous dog. The liabilityinsurance coverage shall be evidenced by a certificate issued by the insurer. Liabilityinsurance shall not be cancelled unless the owner or keeper ceases to keep the dogprior to expiration of that license. City to receive notice of the annual renewal and allcancellations of the required liability insurance.

6-1.8006 - Unlawful to Own, Harbor or Keep a Dog Found by Another Jurisdiction to beVicious or Potentially Dangerous.

No dog, which has been determined to be vicious or potentially dangerousfollowing an administrative hearing or court proceeding by another jurisdiction, will beallowed to be kept, owned or harbored in the City. A notice by the Animal Control Officerto remove any dog owned, harbored or maintained in violation of this Section may be

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appealed to the City Manager or designee by filing a written statement for the appealwithin five (5) business days of the receipt of said notice. Decision of the City Manageror designee is final and not subject to an administrative appeal.

6-1.8007 - Muzzling of a Vicious or Potentially Dangerous Dog.

In any case where a dog determined to be vicious pursuant to this Chapter isoutside an enclosure, except in cases where it is inside the dwelling of its owner orkeeper, which dwelling is sufficient to contain the dog, or in custody of a veterinarian,the dog shall be securely and humanely muzzled and restrained with a harness andnylon leash sufficient to restrain the dog, having a minimum tensile strength of 300pounds and not exceeding two (2) feet in length, and shall be under the direct chargeand control of its owner or keeper. For the purposes of this section, a dog which ishumanely muzzled shall be able to drink, breathe and pant freely.

6-1.8008 - Civil Penalties for Violations of Provisions Regulating Vicious or PotentiallyDangerous Dogs.

Any violation of this Article involving a vicious or potentially dangerous dog shallbe subject to an administrative citation and fine as set by resolution of the City Counciland or a misdemeanor.

6-1.8009 - Notice of Escape or Disposal of Vicious or Potentially Dangerous Dogs.

The owner or keeper of any dog found to be vicious or potentially dangerousshall notify the Police Department immediately if the dog has attacked another animal,has bitten a human being, has escaped the custody and control of the owner or keeper,or has died. If the dog is sold, transferred, or permanently removed from the City wherethe owner or keeper resides, the owner shall notify the Animal Control Officer of thechanged condition and new location within two (2) business days.

6-1.8010 - Sterilization Requirement and Microchip for Vicious or Potentially DangerousDogs.

The owner or keeper of any dog found to be vicious or potentially dangerouspursuant to this Chapter shall, at their expense, have a microchip, assigned by AnimalControl Officer, inserted into the dog for identification purposes. The identifyinginformation listed on the microchip shall be noted in the City licensing files for that dog.A dog that has been found to be potentially dangerous or vicious pursuant to this Articleshall be sterilized at the owner's expense.

6-1.8011 - Penalties for Willful Violation of Provisions Regulating Vicious and PotentiallyDangerous Dogs.

Any violation of this Article involving a vicious or potentially dangerous dog shallbe subject to an administrative citation and fine as set by resolution of the City Council

The following violations may be punished as a misdemeanor for any owner orkeeper of a determined vicious or potentially dangerous dog to intentionally fail tocomply with Sections 6-1.8009 (Notice of escape or disposal of vicious or potentiallydangerous dogs), 6-1.8005 (Insurance requirements for vicious or potentially dangerousdogs), 6-1.8010 (Sterilization requirement and microchip for vicious or potentiallydangerous dogs), and 6-1.8007 (Muzzling of a vicious or potentially dangerous dog).Conviction for a violation of this Article shall be punished by a fine of not more than$1,000.00, or by imprisonment not to exceed six (6) months, or by both such fine andimprisonment. Upon conviction of a misdemeanor under this Article, the court shallorder the vicious or potentially dangerous dog to be seized and humanely destroyed.Any person convicted of a violation of this Article shall be prohibited from owning orkeeping any dog within the City for a minimum of three (3) years.

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6-1.8012 - Exemption for Police Dogs.

This Article does not apply to any dog owned by a government agency. when thedog is used in the performance of law enforcement duties.

Article 9 - MISCELLANEOUS; REMEDIES; APPEALS.

6-1 .9001 - Livestock.

No person shall stable, keep, pasture or maintain livestock within the limits of theCity, unless expressly allowed to do so by the Zoning Code. No person owning anyinterest in any lot or parcel of real property within the limits of the City shall permitlivestock to be owned, kept, possessed or maintained upon such lot or parcel of realproperty unless expressly permitted by the zoning Code. This Section shall not apply toany circus, carnival or show otherwise permitted to operate temporarily within the limitsof the City.

6-1.9002 - Wild Animals.

(a) No person shall have, keep, maintain, breed, sell, trade or let for hire, anywild, exotic, dangerous, or non-domestic animal without first applying to and receivingspecial authorization from the state of California, Department of Fish and Game and theCity. The keeping or maintenance of such animals shall also conform to the City zoningcode.

(b) The Animal Control Officer may authorize the keeping or maintaining of anywild, exotic, dangerous, or non-domestic animal when, in his/her opinion, any suchanimal may be kept or maintained without endangering the safety or any person, otheranimal or property, nor create a nuisance; provided, however, that the Animal ControlOfficer may require any such animal to be properly caged, tethered, or restrained, andthat he or she may create such additional requirements that may be necessary andproper under the circumstances. Any privately owned wild, exotic, dangerous, or non-domestic animal shall require a license fee as specified in the city fee schedule; theinitial fee to be paid at the time of application. The Animal Control Officer may revokesuch authorization when, in his or her opinion, the safety of any person, other animal orproperty is endangered or that a nuisance is created by the keeping of such animal.

(c) The provisions of this chapter shall not apply to licensed circuses, carnivals,zoos or other collections of wild animals under jurisdiction of the city, state or federalgovernment.

6-1.9003 - Reptiles.

The keeping of reptiles is limited to turtles, lizards and snakes and excludes otherreptiles such as crocodiles and alligators. It shall be unlawful for any person to own andkeep within the City any reptile that is determined by the Animal Control Services Unit tobe a nuisance or danger to persons or other animals.

6-1.9004 - Bees.

No person shall keep or maintain within the City any stand of bees

6-1.9005 - Dead Animals.

When any animal owned by, or in the custody or control of any person, or foundin any person's private property dies, such person shall within twenty-four (24) hours,provide for the burial, incineration, or other disposition of the body of such dead animalin a safe and sanitary manner. It shall be unlawful for any person to dispose of the bodyof such dead animal in or on any public or private property, other than his or her own,without proper authorization from the Animal Control Officer.

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6-1.9006 - Penalties and Remedies.

(a) It is unlawful and a public nuisance to intentionally violate any of theprovisions of this Chapter. Violation of this Chapter may be charged as either aninfraction or a misdemeanor. Upon conviction of a misdemeanor, a person shall besubject to payment of a fine, or imprisonment, or both, not to exceed the limits set forthin California Government Code Section 36901.

(b) In addition to any other remedy or penalty set forth in this Chapter or thisCode, administrative penalties may be imposed pursuant to applicable provisions ofChapter 11 Title 4 of this Code against any responsible party, in violation of any of theprovisions of this Chapter. Imposition, enforcement, collection and administrativereview of administrative penalties imposed shall be conducted pursuant to Chapter 11Title 4 of this Code.

(c) Remedies under this Chapter are in addition to, and do not supersede orlimit, any and all other remedies, civil or criminal. The remedies provided for hereinshall be cumulative and not exclusive.

6-1.9007 - Appeals.

(a) Except where an appeals or hearing procedure is otherwise set forth in thisChapter, a decision or action of the Animal Control Services Unit may be appealed byfiling a written notice of appeal with the City Clerk, setting forth the specific groundsthereof.

(b) Notice of such appeal shall be filed with the City Clerk within fourteen (14)calendar days after the date written notice of such action appealed from was mailed orpersonally delivered to the appellant.

(c) The City Clerk shall forthwith set a date for hearing before City Manager orCity Manager's designee and shall give the appellant at least five (5) calendar days'notice of the time and place of said hearing.

(d) At such hearing the appellant shall show cause on the grounds specified inthe notice of appeal why the action excepted to should not be approved. The CityManager or City Manager's designee, may continue the hearing from time to time. Thefindings on the appeal shall be final and conclusive in the matter.

Section 3. To the extent that the terms and provIsions of this Ordinance may beinconsistent or in conflict with the terms or conditions of any prior City ordinance,motion, resolution, rule or regulation governing the same subject, the terms of thisOrdinance shall prevail with respect to the subject matter thereof and such inconsistentor conflicting provisions of prior ordinances, motions, resolutions, rules or regulationsare hereby repealed.

Section 4. If any section, subsection, subdivision, paragraph, sentence, clause orphrase added by this Ordinance, or any part thereof, is for any reason held to beunconstitutional or invalid or ineffective by any court of competent jurisdiction, suchdecision shall not affect the validity or effectiveness of the remaining portions of thisOrdinance or any part thereof. The City Council hereby declares that it would havepassed each section, subsection, subdivision, paragraph, sentence, clause or phrasethereof irrespective of the fact that anyone or more subsections, subdivisions,paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid orineffective.

Section 5. The proposed amendments to the Los Banos Municipal Code do notpropose any changes to City policies or regulations that would result in a direct orindirect physical environmental impact; therefore it has been determined that thisordinance amendment is covered by the general rule that the California EnvironmentalQuality Act applies only to projects which have the potential for causing a significanteffect on the environment pursuant to CEQA guidelines section 15601(b)(3) and is notsubject to environmental review.

Section 6. This Ordinance shall go into effect and be in full force and operation thirty(30) days after its final passage and adoption. The City Clerk shall certify to theadoption of this Ordinance and cause the same to be posted and published once within

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fifteen days after passage and adoption as may be required by law; or, in the alternativethe City Clerk may cause to be published a summary of this Ordinance and a certifiedcopy of the text of this Ordinance shall be posted in the Office of the City Clerk five daysprior to the date of adoption of this Ordinance; and, within fifteen days after adoption,the City Clerk shall cause to be published, the aforementioned summary and shall posta certified copy of this Ordinance, together with the vote for and against the same, in theOffice of the City Clerk.

Introduced by Council Member Silveira and seconded by Council MemberJohnson-Santos on the 5th day of April, 2017.

Passed on the 19th day of April, 2017 by the following vote:

AYES:

NOES:ABSENT:

Council Members Faria, Johnson-Santos, Lewis, SilveiraMayor VillaItaNoneNone

ATTEST:

f~ R. )W.L,..v-Lucille L. Mallonee, City Clerk

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