* Chapter 4, consisting of Sections 5-4.01 through 5-4.08, codified from Ordinance No. 97, as amended by Ordinance Nos. 125, 198, and 241, effective December 31, 1958, 290, effective January 1, 1962, 297, effective May 9, 1962, 305, effective January 1, 1963, 309, effective January 25, 1963, and 329, effective December 26, 1963, Sections 5-4.09 through 5-4.38, added by Ordinance No. 290, effective January 1, 1962, as amended by Ordinance Nos. 297, effective May 9, 1962, 309, effective January 25, 1963, and 332, effective March 11, 1964, Section 5-4.15.1, added by said Ordinance No. 309, Section 5-4.39, added by Ordinance No. 330, effective January 8, 1964, Section 5-4.40, added by said Ordinance No. 297, and Section 5-4.41, added by Ordinance No. 393, effective March 13, 1968, repealed in its entirety by Section 1, Ordinance No. 422, effective April 23, 1971.

The office of Poundmaster is hereby created and established. It shall be the duty of the Poundmaster to administer and enforce the provisions of this chapter and the resolutions of the Council adopted pursuant to the provisions of this chapter. The City may delegate the performance of such duties by entering into a contract with any proper person or organization, public or private, which will undertake to perform such duties. The Poundmaster and any deputies or other persons having the responsibility, either directly or through contract, for administering and enforcing the provisions of this chapter shall also be referred to as the Animal Control Department.

(§ 2, Ord. 422, eff. April 23, 1971)

For the purposes of enforcing and carrying out the provisions of this chapter, the Poundmaster and his deputies shall have the authority of peace officers.

(§ 2, Ord. 422, eff. April 23, 1971)

Every person who owns, harbors, or keeps any dog over the age of four (4) months for thirty (30) days or longer shall obtain a current license and license tag issued pursuant to the provisions of this chapter and stamped with the current license year and shall maintain such license in an active status for the remainder of the current license year. A license shall cease to be active on the date of expiration, as set forth in Section 5-4.202 of this article, of the rabies vaccination of the dog for which the license is obtained. The license tag obtained shall be attached to a substantial collar or harness which shall be worn by the dog at all times, except as provided in Section 5-4.903 of Article 9 of this chapter. Any person who violates the provisions of this section shall be guilty of a misdemeanor. Any dog found without a current license tag may be taken up and impounded by the Poundmaster or any peace officer.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 1, Ord. 477, eff. January 1, 1974)

The license and license tag required by the provisions of this chapter may be obtained by displaying an acceptable rabies vaccination certificate, furnishing the information required by the provisions of this section, and paying the proper fee to the County Animal Control Department. Such information shall include the name, sex, breed, age, and color of the dog for which the application is made and the address and, when available, the telephone number of the person owning, harboring, or keeping such dog. The official receiving such information shall record it on the receipt to be given for the payment of the license fee. A rabies vaccination certificate, to be acceptable, shall show that the vaccination has at least sixty (60) days to run before its expiration date. A vaccination of the chick-embryo type shall expire thirty (30) months after it is administered, and a vaccination of the nerve tissue type shall expire eighteen (18) months after it is administered. The expiration date of the rabies vaccination shall be recorded on the receipt.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 1, Ord. 477, eff. January 1, 1974)

The license period for the license tag required by the provisions of this chapter shall be one year, beginning January 1 and ending December 31.

(§ 2, Ord. 422, eff. April 23, 1971)

The fee for the annual license required by the provisions of this chapter shall be Ten and no/100ths ($10.00) Dollars for each dog, whether male or female. When a veterinarian's certificate verifying that a dog is spayed, neutered, or rendered temporarily infertile by a birth control method acceptable to the Director of the Animal Control Department is submitted with the application, the fee shall be Four and no/100ths ($4.00) Dollars. When a dog first requires the license after July 1 of any calendar year, the license fee for the remainder of the calendar year shall be one-half (1/2) the fee charged for a full year.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 1, Ord. 443, eff. December 9, 1971, fees operative January 1, 1972, and § 1, Ord. 477, eff. January 1, 1974)

The information and fees required by the provisions of this chapter shall be due on or before the last day in February of each year, except that as to any dog acquired or brought into the City after the last day in February or which attains the age of four (4) months after the last day in February, the information and fee shall be due within thirty (30) days after its acquisition, or within thirty (30) days after it is brought into the City, or when such dog attains the age of four (4) months, whichever is later. Any person purchasing a license tag after the due date shall be charged a late penalty which shall be Fifteen and no/100ths ($15.00) Dollars and which shall be paid in addition to the regular license fee.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 1, Ord. 477, eff. January 1, 1974)

Upon the receipt of the required information, accompanied by the payment of the proper fee and the display of an acceptable rabies vaccination certificate, the dog shall be licensed, a written receipt shall be issued to the applicant, and a metal license tag shall be mailed to the applicant's address. Each tag shall be serially numbered and stamped with the words "Ventura County" and shall be stamped with the year for which it is issued. The Animal Control Department shall maintain a record of the licenses so issued, which record shall be kept on file in the office of the Animal Control Department, open to reasonable public inspection, until the expiration of the current year.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 1, Ord. 477, eff. January 1, 1974)

If a license tag issued pursuant to the provisions of this chapter is lost, a duplicate tag may be obtained from the Animal Control Department upon paying a fee of One and no/100ths ($1.00) Dollar and either surrendering the receipt obtained for the lost license tag or certifying under penalty of perjury that a tag was obtained and that the receipt cannot be found.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 1, Ord. 477, eff. January 1, 1974)

In the event there is a change in the ownership of a dog licensed pursuant to the provisions of this chapter during the license year, the new owner may have the current license transferred to his name upon the payment of a transfer fee of One and no/100ths ($1.00) Dollar and the surrender of the license receipt.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 1, Ord. 477, eff. January 1, 1974)

The Animal Control Department may appoint animal license inspectors for the purpose of inspecting animals required to be licensed pursuant to the provisions of this chapter to ascertain if such animals are properly licensed, issuing the licenses required hereunder, and collecting the required license fees. Inspectors shall be compensated at the rate of fifty (50¢) cents for each license issued. In the event a license fee collected by an inspector includes a penalty imposed pursuant thereto, the inspector shall receive, in addition, fifty (50%) percent of the penalty collected as compensation. However, no full-time City or County employee shall receive compensation for the collection of dog license fees or penalties. Each inspector shall promptly account to the Animal Control Department for all funds collected pursuant to the provisions of this chapter and shall pay over such funds within forty-eight (48) hours after their receipt. Such inspectors shall be paid for their services on or about the fifth (5th) day of each month following the rendition of such services.

(§ 2, Ord. 422, eff. April 23, 1971)

Every person who counterfeits a dog license tag, or who attaches a license tag issued under the provisions of this chapter to any dog other than the one for which such tag was issued, or who obtains a dog license tag or dog kennel license and, in doing so, states as true any material matter which he knows to be false shall be guilty of a misdemeanor.

(§ 2, Ord. 422, eff. April 23, 1971)

"Owner", as used in this chapter, shall include any person who has the legal right to custody of an animal.

(§ 2, Ord. 422, eff. April 23, 1971)

The Poundmaster shall feed and care for any dog impounded as provided in this chapter until it is disposed of as provided by law. If such dog is not a "diseased or injured dog", as defined in Section 5-4.304 of this article, and is not suspected of having rabies, the person owning such impounded dog may redeem it at any time within five (5) days after it is taken up by describing it, proving ownership to the satisfaction of the Poundmaster, paying all applicable fees, and obtaining, when necessary, the dog license tag provided by this chapter. When the Poundmaster knows the address of the owner of an impounded dog, the five (5) days for redemption shall begin when written notice of such impounding is deposited in the mail, postage prepaid, directed to such address. However, an owner may waive the five (5) day redemption period in writing. If the impounded dog bears a license tag issued pursuant to the provisions of this chapter, such notice shall be mailed to the address shown on the copy of the receipt for such license tag on file in any City office. If any dog impounded as provided in this chapter is not so redeemed within such five (5) days, or if the owner of such dog is unknown to the Poundmaster or fails or refuses to comply with any of the requirements of redemption as provided in this chapter, or if the owner has waived the redemption period in writing, the Poundmaster shall dispose of such dog according to the provisions of this chapter. In disposing of an impounded dog, the Poundmaster may, in his discretion, destroy the dog in a humane manner, or he may sell such dog for a pet to any person who obtains a license tag as required by this chapter and signs a written agreement to feed the dog and provide it with a good home, or he may sell such dog to a State chartered humane society. When a dog is returned to the Pound within ten (10) days after such sale, the buyer or other person returning the dog shall not be given the discretion to determine what disposition shall be made of the dog. The price to be charged for any dog sold as a pet or to any State chartered humane society shall be as prescribed by the Poundmaster.

(§ 2, Ord. 422, eff. April 23, 1971)

In addition to the authorization contained in this chapter for the disposition of impounded dogs, the Poundmaster may, in his discretion, transfer title to any impounded animal to any institution engaged in the diagnosis or treatment of human or animal diseases, or in research for the advancement of veterinary, dental, medical, or biologic sciences, or in the testing or diagnosis, improvement, or standardization of laboratory specimens, biologic products, pharmaceuticals, or drugs provided that:

(a) Such institution has the approval of the United States Department of Agriculture pursuant to the Federal Animal Welfare Act and, when applicable, the Board of Public Health of the State;

(b) Such institution and its facilities have been inspected and approved in writing by the County Health Officer at least once within twelve (12) months before delivery of the animal to it;

(c) A dog has been impounded in an animal pound for at least ten (10) consecutive days after the time for redemption has commenced; and

(d) The Poundmaster or his delegate shall keep a record containing a general description, the date of impoundment, the date of transfer, and the name of the transferee of each dog transferred pursuant to the provisions of this section.

In lieu of all other fees and charges set forth in this chapter, the Poundmaster shall charge for each dog and cat or other small animal so transferred the price set by the schedule of fees adopted by the Council.

As used in this section, "institution" shall include, but not be limited to, laboratory, firm, association, corporation, copartnership, and educational institution. Neither the City nor its officers, agents, or employees shall be liable for the good faith transfer of any animal pursuant to the provisions of this section.

(§ 2, Ord. 422, eff. April 23, 1971)

The Poundmaster shall, after impounding any animal, determine whether it is a "diseased or injured animal" as defined in this section. A "diseased or injured animal" shall mean any animal not suspected of rabies which is apparently either diseased, sick, injured, disabled, infirm, or crippled. When a diseased or injured animal is impounded, the Poundmaster is authorized to procure any necessary emergency medical treatment for such animal and shall, without undue delay, exercise reasonable diligence in locating and notifying the owner of the location and condition of the animal. When reasonable effort fails to locate the owner, or when an owner, after having been located, refuses to accept responsibility for further medical treatment of a diseased or injured animal, the Poundmaster may destroy such animal in a humane manner. When a licensed veterinarian advises that a diseased or injured animal is in severe pain and not likely to survive though provided medical treatment, it may be destroyed in a humane manner by the Poundmaster, but the Poundmaster shall first exercise reasonable diligence to notify the owner that the animal was injured and should be destroyed. If a diseased or injured animal is not destroyed pursuant to the provisions of this section, the Poundmaster shall dispose of such animal as otherwise provided in this chapter.

(§ 2, Ord. 422, eff. April 23, 1971)

The Poundmaster is authorized, whenever he deems it necessary, to temporarily impound animals within an enclosure other than the animal shelter, and such an enclosure shall constitute a temporary animal pound. Notice that an enclosure is an animal pound shall be given by placing a sign to that effect on the gate or other entrance thereto.

(§ 2, Ord. 422, eff. April 23, 1971)

It shall be unlawful for any person owning, harboring, or controlling any livestock to permit such livestock to run at large upon the private property of another, without the permission of the person owning or occupying such private property, or upon the streets or public places of the City. The Poundmaster is authorized, whenever he deems it necessary, to deputize individuals who are properly equipped to capture and transport livestock which is running at large in violation of the provisions of this chapter. Each animal captured or transported pursuant to the provisions of this chapter shall be impounded at the risk of the owner, and the owner or keeper of such animal shall be liable for all fees for reclaiming such animals provided for in this chapter.

(§ 2, Ord. 422, eff. April 23, 1971)

Upon the approval of the County veterinarian, a stallion may be kept, when authorized by land use regulations, in a substantial corral of wood or other construction six (6') feet in height and under conditions to prevent escape and to protect people or other animals. A minimum substantial corral is defined as being constructed of four (4") inch by four (4") inch posts, eight (8') feet on center, anchored twenty-four (24") inches in Portland cement with two (2") inch by six (6") inch rails set two (2') feet apart.

(§ 2, Ord. 422, eff. April 23, 1971)

Upon the impounding of any livestock, the Poundmaster shall notify the owner thereof, if the name of such owner is known to him, of such impounding. If the name of the owner is not known, the Poundmaster shall publish a notice once in one or more newspapers published in the City describing the animal, stating that it has been impounded, and, if not reclaimed, that it will be sold to the highest bidder at the time and place therein fixed, not less than ten (10) nor more than fifteen (15) days after the publication of such notice. At such sale the Poundmaster may bid, on behalf of the City, the amount required to reclaim, and, if such bid shall be the highest bid, the Poundmaster shall direct the manner of disposal. All livestock impounded may be reclaimed by the owner thereof at any time prior to its disposal by the Poundmaster upon:

(a) Furnishing proof of ownership satisfactory to the Poundmaster; and

(b) Paying the fees required by the provisions of Section 5-4.309 of this article.

The City and its officers, agents, and employees shall not be liable to any person for the delivery of any animal to any person claiming to be the owner thereof, or to be acting on his behalf, and the sale of any animal by the Poundmaster in conformity with the provisions of this chapter shall vest title thereof in the purchaser.

(§ 2, Ord. 422, eff. April 23, 1971)

If any impounded livestock is reclaimed, the Poundmaster shall collect all applicable fees before delivering the animal to its owner.

(§ 2, Ord. 422, eff. April 23, 1971)

All animals specified in this chapter which may be impounded shall be kept at the risk of the owner, and neither the City nor its officers, agents, or employees shall be liable to the owner for the delivery in good faith of any such animal to a person claiming to be, but not in fact being, entitled to reclaim the same. Neither the City nor its officers, agents, or employees shall be liable for injury or disease to any animal incurred while such animal is being captured, transported, or impounded.

(§ 2, Ord. 422, eff. April 23, 1971)

Every person who breaks open a dog pound, animal shelter, temporary pound, or pound vehicle or who wilfully resists, delays, or obstructs the Poundmaster in the discharge of, or attempt to discharge, any duty of his office shall be guilty of a misdemeanor.

(§ 2, Ord. 422, eff. April 23, 1971)

It shall be unlawful for any person to own, manage, or operate a dog kennel, as defined in Section 5-4.313 of this article, without having a current and valid license therefor issued pursuant to the provisions of this chapter.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by Part 3, Ord. 508, eff. July 24, 1975)

As used in this chapter, "dog kennel" shall mean any place or premises where five (5) or more dogs over the age of four (4) months are kept for commercial purposes. For the purposes of this section, "commercial purposes" shall include boarding, grooming, breeding, training, selling, and related purposes.

(§ 2, Ord. 422, eff. April 23, 1971)

The dog kennel license required by this chapter may be obtained by a written application to the Poundmaster or Tax Collector. Such application shall be in duplicate and shall state the name and address or location of the kennel, the names of the persons owning, managing, or operating such kennel, the number and approximate ages of the dogs currently kept therein, and the purposes for which they are kept. Such application shall be accompanied by a certificate from the County Health Officer stating that such kennel was inspected and found to be in a sanitary and healthful condition.. Such application shall also be accompanied by an annual fee of Twenty-Five and no/100ths ($25.00) Dollars. If such application, certificate, and fee are proper, a copy of the application shall be signed and dated by the Poundmaster or Tax Collector and issued to the applicant as his current kennel license. The license period for the kennel license required by this chapter shall be one year, beginning January 1 and ending December 31. Any kennel license issued pursuant to the provisions of this chapter shall expire and cease to be current at the expiration of the license year for which it was issued. Renewal shall be made only upon an application, certification, and payment of the fee in the manner provided for the issuance of an original kennel license.

(§ 2, Ord. 422, eff. April 23, 1971)

Any kennel license issued pursuant to the provisions of this chapter may be revoked by the County Health Officer whenever, in his opinion, the dog kennel for which such license was issued is not being maintained in a sanitary or healthful condition or is not provided with adequate care and supervision for the dogs confined therein. The revocation shall become effective thirty (30) days after a notice of such defective condition is deposited in the mail, postage prepaid, directed to the persons owning or operating such kennel at the address shown in the application, unless, within such thirty (30) days, the noticed condition is corrected to the satisfaction of the County Health Officer. After such revocation becomes effective, the revoked license shall be invalid for any purpose whatsoever.

(§ 2, Ord. 422, eff. April 23, 1971)

The requirements of this chapter shall be deemed to be in addition to, and not in limitation of, the requirement of any applicable zoning laws or ordinances. A kennel license issued pursuant to the provisions of this chapter shall cease to be valid if the operation of a dog kennel should become a prohibited use for the zone in which it is then located.

(§ 2, Ord. 422, eff. April 23, 1971)

Every person owning, harboring, or keeping any dog shall, within thirty (30) days after such dog attains the age of four (4) months, cause it to be vaccinated by a licensed veterinarian with a vaccine of a type known as "canine chick embryo origin modified live-virus rabies vaccine" or of a type known as "canine nerve tissue killed-virus rabies vaccine".

(§ 2, Ord. 422, eff. April 23, 1971)

The Poundmaster shall provide facilities for rabies vaccinations of dogs or shall arrange for such vaccinations at clinics operated by private veterinary groups or associations. He shall provide blank forms for the vaccination certificates required by this chapter. Failure to display a valid vaccination certificate upon reasonable demand by the Poundmaster shall be prima facie evidence of non-vaccination. No charge in excess of the actual cost therefor shall be made for vaccinations at such facilities or clinics.

The vaccinations required by the provisions of this chapter may be obtained either at such facilities or clinics or from a licensed veterinarian of the owner's choice.

(§ 2, Ord. 422, eff. April 23, 1971)

The Poundmaster shall take up and place in isolation any dog, licensed or not, which, in the opinion of a licensed veterinarian or the County Health Officer, displays symptoms suggestive of rabies. Such isolation shall be at an animal pound unless the owner of such dog, with the approval of the County Health Officer, arranges with a licensed veterinarian for such isolation in a private animal hospital or clinic. Any dog placed in such isolation shall be kept strictly confined and under such observation as may be required by the County Health Officer. Such isolation shall continue for at least fourteen (14) days from the date the symptoms suggestive of rabies were first observed. Such isolation may be continued for a period longer than fourteen (14) days if, in the opinion of any licensed veterinarian or the County Health Officer, such longer period is necessary. At the expiration of such fourteen (14) days, or longer period, any dog confined at an animal pound shall be released upon the payment of the fees required by Section 5-4.408 of this article if, in the opinion of any licensed veterinarian or the County Health Officer, such dog does not have rabies.

(§ 2, Ord. 422, eff. April 23, 1971)

It shall be the duty of every licensed veterinarian to report immediately to the Poundmaster any animal observed by him which is diagnosed by him as having rabies or is suspected of having rabies.

(§ 2, Ord. 422, eff. April 23, 1971)

It shall be the duty of every physician, or other person, to report to the County Health Officer the name and address of any person treated for a bite inflicted by any animal, together with such other information as will be helpful in rabies control.

(§ 2, Ord. 422, eff. April 23, 1971)

Except as otherwise provided in this chapter, the Poundmaster shall take up, impound, and isolate for fourteen (14) days following the date of the alleged bite any animal of a type subject to rabies that is reported to have bitten any person, whether or not such animal has been vaccinated with rabies vaccine and whether or not such animal displays any symptoms suggestive of rabies. The animal shall be impounded and isolated in the manner provided in Section 5-4.403 of this article for the isolation of dogs suspected of having rabies.

Any person who is twenty-one (21) years of age or older may, however, make a written request to the Poundmaster for the isolation of such biting animal, either in facilities provided by a licensed veterinarian, or in a licensed boarding kennel, or upon the private premises of the person making such request. If such request is approved by the Poundmaster, such biting animal shall not be taken up and impounded but shall instead be kept strictly confined and isolated in such veterinarian's facilities or on such private premises for the isolation period. The Poundmaster shall post such private premises, in a conspicuous place thereon, with a notice that an animal is being confined thereon to be observed for rabies. Upon the termination of the isolation period, animals isolated in an animal pound shall be released upon the payment of the fees required by the provisions of Section 5-4.408 of this article if, in the opinion of any licensed veterinarian or the County Health Officer, the animal does not have rabies, and animals isolated upon private property shall be released from such isolation if, in the opinion of any licensed veterinarian or the County Health Officer, the animal does not have rabies.

(§ 2, Ord. 422, eff. April 23, 1971)

It shall be unlawful for any person who has obtained approval for the keeping of a biting animal confined and isolated upon his private premises, as provided in Section 5-4.406 of this article, to fail for any reason to keep such animal continuously confined and isolated upon his premises, either indoors or inside some enclosure, for a period of fourteen (14) days after the day such written request is presented to the Poundmaster. Any such animal, whether licensed or unlicensed, not continuously confined and isolated as required by this article shall be taken up forthwith by the Poundmaster and isolated as provided in Section 5-4.403 of this article.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by Part 3, Ord. 508, eff. July 24, 1975)

Any dog isolated at the animal pound, as provided in Sections 5-4.403, 5-4.406, and 5-4.407 of this article, and found not to have rabies may be redeemed by the owner by paying to the Poundmaster all applicable fees and by obtaining any necessary license tag. Any cat or smaller animal may be redeemed in a similar manner. Any animal which is not so redeemed within seventy-two (72) hours after the expiration of the isolation period shall be deemed to have been abandoned and shall be disposed of as provided in Section 5-4.302 of Article 3 of this chapter.

(§ 2, Ord. 422, eff. April 23, 1971)

It shall be unlawful for any person to suffer or permit any dog owned, harbored, or controlled by him to be on any public street, alley, lane, park, or place of whatever nature open to and used by the public in the City unless such dog is securely leashed and the leash is held continuously in the hands of a responsible person capable of controlling such dog, or unless the dog is securely confined in a vehicle.

It shall be unlawful for any person to suffer or permit any dog owned, harbored, or controlled by him to be on any private property in the City without the permission of the person owning or occupying such private property.

(§ 2, Ord. 422, eff. April 23, 1971)

It shall be unlawful for any person owning or having the possession of any animal to permit it to be at large without reasonable control or to be pastured or kept upon any street or other public place or upon any private property against the wishes of the owner or occupant thereof or in any manner or place to the injury of the owner or occupant of any other property.

(§ 2, Ord. 422, eff. April 23, 1971)

Any animal found by the Animal Control Department not under control as prescribed in this chapter shall be taken by the Animal Control Department and impounded; provided, however, no such animal staked or tied for the purpose of grazing upon private property, and no fowl at large upon private property, shall be impounded except upon the complaint of the owner or occupant of such property or any other person in charge of such property who claims to be injured thereby.

(§ 2, Ord. 422, eff. April 23, 1971)

The Animal Control Department shall immediately notify the owner or person entitled to possession of such animal or fowl of the impounding thereof personally, if known, or, if unknown, by posting a notice of impounding, with a description of the animal and the time and place of apprehension for five (5) days at the Animal Control Center. After the expiration of such period, any animal or fowl mentioned in such notice may be disposed of, unless redeemed as provided in this chapter.

(§ 2, Ord. 422, eff. April 23, 1971)

For the purposes of discharging the duties imposed by this chapter or other applicable laws and to enforce the same, the Poundmaster or any peace officer may enter upon private property, except dwellings located thereon, as follows:

(a) During daylight:

(1) When in pursuit of any animal which he or she has reasonable or probable cause to believe is subject to impoundment pursuant to the provisions of this chapter or other applicable laws;

(2) To impound or place in isolation any animal thereon which he or she has any cause whatsoever to believe or suspect has rabies or is a biting animal;

(3) To inspect or examine animals isolated thereon pursuant to the provisions of this chapter or other applicable laws;

(4) To impound an animal pursuant to subsection (c) of Section 5-4.509 of this article; or

(5) To seize an animal pursuant to subsection (j) of Section 5-4.509 of this article; and

(b) At night:

(1) When in pursuit of any animal which he or she has reasonable or probable cause to believe is subject to impoundment pursuant to the provisions of this chapter or other applicable laws;

(2) To impound or place in isolation any animal thereon which he or she has any cause whatsoever to believe or suspect has rabies or is a biting animal; and

(3) To impound an animal pursuant to subsection (c) of Section 5-4.509 of this article.

As a condition of the authority set forth in this section, except where time does not permit in an emergency or when in fresh pursuit, before entering upon private property a reasonable effort shall be made to locate the owner or possessor thereof to request permission to enter upon such property and to explain the purposes for such entry.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 1, Ord. 633, eff. September 12, 1985)

In addition to other authority provided by law for making arrests, the Poundmaster and his deputies are hereby designated as public officers and employees and are authorized to make arrests according to Section 836.5 of the Penal Code of the State for the purpose of enforcing and carrying out the provisions of this chapter. The Poundmaster and any deputies he may designate are further authorized to carry and use weapons while actually engaged in the performance of their duties.

(§ 2, Ord. 422, eff. April 23, 1971)

In addition to his duties as otherwise provided, each employee of the Animal Control Department is hereby given the power and duty of collecting dog license fees. Persons under the age of twenty-one (21) years may be appointed to a position within the Animal Control Department for the purpose of performing clerical, stenographic, or kennel duties. All other positions shall be filled by persons over the age of twenty-one (21) years.

(§ 2, Ord. 422, eff. April 23,1971)

Any animal, except an animal kept or controlled by a governmental agency, which has committed any one or more of the following acts is a public nuisance:

(a) An unprovoked infliction of physical injury upon any person where such person is conducting himself or herself lawfully;

(b) Unprovoked threatening behavior toward any person, where such person is conducting himself or herself lawfully, which occurs in such circumstances as to cause such person reasonably to fear for his or her physical safety;

(c) The utterance of barks or cries which are so loud, so frequent, and continued over so long a period of time as to deprive persons residing in three (3) or more residences in the neighborhood of the comfortable enjoyment of their homes;

(d) An unprovoked infliction of physical injury upon any other animal which occurs off the property of the owner or keeper of the animal inflicting the injury;

(e) The damaging of the real or personal property of some person, other than the owner or keeper of the animal, which occurs off the property of the owner or keeper of the animal;

(f) The dumping of trash cans or the spreading of trash which occurs off the property of the owner or keeper of the animal; or

(g) The chasing of pedestrians, bicycles, vehicles, or ridden horses which occurs off the property of the owner or keeper of the chasing animal.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 2, Ord. 633, eff. September 12, 1985)

A public nuisance, as defined in Section 5-4.508 of this article, may be abated in accordance with the following procedures. Such procedures are in addition to any other remedies which may be available under the law:

(a) Complaints. Any person aggrieved by such public nuisance may file a complaint with the Poundmaster. Such complaint shall be in writing, shall be signed by and bear the address of the complainant, shall state the place or places where such nuisance exists, shall describe the animal and the conduct which renders it a nuisance, and shall give the name and address of the animal's owner or keeper if known to the complainant.

(b) Notices. Upon the receipt of a complaint which alleges a public nuisance or as soon thereafter as the Poundmaster may learn the name and address of the owner or keeper of the animal, the Poundmaster shall serve notice of a hearing upon the owner or keeper and upon the complainant. The notice shall be in writing and may be served either by personal delivery of a copy or by depositing a copy in the United States mail, postage prepaid, addressed to the person to be served. The notice shall do the following:

(1) Include a copy of the complaint;

(2) State that a hearing will be held to determine whether the animal described in the complaint is a nuisance within the meaning of Section 5-4.508 of this article and, if so, that the nuisance may be abated as provided in this section;

(3) State the time, which shall be not less than fifteen (15) calendar days after the date of the notice, and the place of the hearing; and

(4) Include a copy of Sections 5-4.508 and 5-4.509 of this article.

(c) Impoundment pending hearings. If it appears to the Poundmaster from the complaint or other information available to him or her that the animal is being kept or maintained in a manner which poses an imminent threat to the safety of persons or property, the Poundmaster may impound the animal immediately and may hold the animal until findings are issued pursuant to subsection (i) of this section at which time the animal shall be disposed of as provided in Article 3 of this chapter; provided, however, if the findings are that the animal is not a nuisance, the owner or keeper may redeem the animal without payment of the impound fees; and provided, further, if the order is that the animal be destroyed, the Poundmaster shall hold the animal for an additional seventy-two (72) hours and then shall destroy it in a humane manner.

(d) Hearings. The hearing shall be public and shall be held before the Poundmaster at the time and place noticed or at such other time or place as may be mutually agreed to by the Poundmaster, the complainant, and the owner or keeper of the animal. Notwithstanding the foregoing provisions of this subsection, the Poundmaster may continue the hearing to such time and place as may be reasonably necessary for the convenience of witnesses or other parties. Failure of the owner or keeper of the animal to appear at the hearing or any continuance thereof shall constitute a default.

(e) Oaths. The Poundmaster shall have the power to administer oaths or affirmations when necessary in conjunction with the hearing.

(f) Evidence. Oral evidence need not be taken under oath or affirmation, unless either the owner or keeper of the animal or the complainant so requests and it appears that the witness has a motive for being untruthful. Testimony may be given in an informal narrative style. The complainant, the owner or keeper of the animal, and the Poundmaster shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses on any matter relevant to the issues even though such matter was not covered on direct examination, and to impeach any witness, regardless of which party first called the witness to testify. 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 or objection in a civil action. Hearsay evidence shall be admissible for any purpose but shall not be sufficient itself to support a finding unless such evidence would be admissible over objection in a civil action.

(g) Subpoena powers. Before the hearing has commenced, the Poundmaster, at the request of the complainant or the owner or keeper of the animal, shall issue subpoenas and subpoenas duces tecum for attendance or production of documents at the hearing. Compliance with the provisions of Section 1985 of the Code of Civil Procedure of the State shall be a condition precedent to the issuance of a subpoena duces tecum. After the hearing has commenced, the Poundmaster may issue such subpoenas and subpoenas duces tecum as he or she deems proper. Any person duly subpoenaed to appear and testify or to produce any books and papers before the Poundmaster who wrongfully neglects or refuses to appear or to testify or to produce such books and papers shall be guilty of a misdemeanor.

(h) Records. The Poundmaster shall record the hearing on a recording device and shall make such recording available to the complainant and to the owner or keeper of the animal upon request. The Poundmaster shall provide a copy of the recording or a transcript prepared therefrom to any party who requests it and pays the cost of making such copy or preparing such transcript.

(i) Findings and orders. At the conclusion of the hearing, or within a reasonable time thereafter, the Poundmaster shall make a written finding that the animal either is or is not a public nuisance as defined in Section 5-4.508 of this article. Such finding shall be supported by the weight of the evidence presented at the hearing. If no evidence is presented, the finding shall be that the animal is not a public nuisance, unless the owner or keeper of the animal has defaulted by failing to appear, in which case the finding shall be that the animal is a public nuisance.

If the finding is that the animal is a public nuisance, the Poundmaster shall determine what actions, up to and including humane destruction of the animal, are reasonably necessary in order to abate the nuisance and shall make and enter an order that the owner or keeper of the animal take all such actions within such time limits as the order may prescribe. The finding and order shall be final when issued and shall be served promptly on the owner or keeper of the animal either by personal delivery of a copy or by depositing a copy in the United States mail, postage prepaid, addressed to the owner or keeper.

(j) Failure to comply with orders. The failure of the owner or keeper of the animal to take any action required of him or her by the order of the Poundmaster within the applicable time limit specified in the order shall be a misdemeanor/infraction; provided, however, humane destruction of the animal within such time limit shall be deemed compliance with the order, regardless of the abatement action specified in the order. Each day or portion thereof that such noncompliance continues after such time limit shall be a separate offense. The Poundmaster may seize and summarily destroy any animal being kept or maintained in violation of such order of the Poundmaster.

(§ 4, Ord. 633, eff. September 12, 1985)

Any dog which is running at large and which is, by reason of its vicious disposition, dangerous to persons or property may be shot by any peace officer or taken up and destroyed in a humane manner by the Poundmaster.

(§ 2, Ord. 422, eff. April 23, 1971, as renumbered by § 4, Ord. 633, eff. September 12, 1985)

It shall be unlawful for any person who has an animal in his possession, custody, or control to fail or refuse to exhibit such animal or any license therefor for inspection upon demand by the Poundmaster or any peace officer.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by Part 3, Ord. 508, eff. July 24, 1975, as renumbered by § 4, Ord. 633, eff. September 12, 1985)

* Former Section 5-4.111 entitled "Noisy animals", as added by Ordinance No. 422, effective April 23, 1971, as amended by Ordinance No. 508, effective July 24, 1975, repealed by Ordinance No. 633, effective September 12, 1985.

No person shall have, keep, or maintain any wild animal or reptile unless adequate provisions are made for its confinement and control to insure the maintenance of the public peace, health, and safety.

(§ 2, Ord. 422, eff. April 23, 1971)

As used in this chapter, "wild animal" shall mean an animal or reptile which is wild by nature and not customarily domesticated in the City. This definition shall not include birds, small rodents, or small nonpoisonous reptiles commonly used for educational or experimental purposes or for pets.

(§ 2, Ord. 422, eff. April 23,1971)

The Animal Control Department may make rules regulating the size and type of a cage or other means of confinement, the distance from the place of confinement to adjoining property, and any other regulations deemed reasonably necessary by the Animal Control Department or the County Health Officer to carry out the purposes of this chapter and to insure the maintenance of humane, sanitary conditions and the safety of persons and property. A copy of the rules and regulations shall be furnished by the Animal Control Department upon request. In applying the regulations to a given situation, the Animal Control Department shall take into consideration the type, nature, disposition, and training of the animal involved.

(§ 2, Ord. 422, eff. April 23, 1971)

Any person keeping or maintaining a wild animal that escapes from its confinement shall immediately notify the Animal Control Department of such escape.

(§ 2, Ord. 422, eff. April 23, 1971)

Wild animals found running loose may be impounded in accordance with the provisions of this chapter. However, neither the City or County, nor their officers, agents, or employees, shall be liable for any injury or disease to any animal incurred while such animal is being captured, transported, or impounded. Wild animals, when found to be at large and injuring or damaging, or threatening to injure or damage, any person or property, shall be deemed to be a public nuisance and may be summarily destroyed without liability resulting to the City or County, or their officers, agents, or employees.

Reclamation by an owner or keeper of any impounded wild animal shall be permitted upon the payment to the Animal Control Department of the actual cost to the Department of the capture, impounding, and care of such animal.

(§ 2, Ord. 422, eff. April 23, 1971)

No person, organization, society, association, or corporation shall import or release into the City any wild animal, whether indigenous to the County or not, without a permit from the Animal Control Department. The animal released shall be identified by an indelible number tattooed on the animal, and the person, organization, society, association, or corporation shall be responsible for any damage inflicted by such animal.

(§ 2, Ord. 422, eff. April 23, 1971)

It shall be the duty of the Tax Collector or Poundmaster to keep, or cause to be kept, accurate and detailed records of:

(a) All dogs or livestock licensed, impounded, or sold;

(b) All animal bite cases reported and the results of the investigations thereof; and

(c) All moneys received.

Such records shall be open to inspection by the public at all reasonable times.

(§ 2, Ord. 422, eff. April 23, 1971)

For the purposes of this chapter, certain words and phrases are defined as follows:

(a) "Animal pound" shall mean any dog pound, animal shelter, temporary animal pound, or pound vehicle owned or operated by the Poundmaster.

(b) "Poundmaster" shall include deputies poundmaster and any person or organization authorized to perform the duties and functions of Poundmaster or the agents or employees of any such person or organization.

(c) "Tax Collector" shall mean the County Tax Collector and officers, employees, and agents thereof.

(d) "County Health Officer" shall mean the County Health Officer and officers, employees, and agents thereof.

(e) A dog "runs at large" when it is upon private property without the permission of the person owning or occupying the property or when it is upon public property and is not upon a leash.

(f) A person "harbors" a dog when he feeds or shelters a dog for a period of thirty (30) days or longer.

(g) "Livestock" shall include horses, ponies, mules, burros, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs, and all other domestic or domesticated animals other than household pets.

(h) Livestock "runs at large" when upon private property without the permission of the person owning or occupying the property or when upon public property and not under the immediate control of a responsible person capable of controlling such animal.

(§ 2, Ord. 422, eff. April 23, 1971)

Licenses need not be worn by dogs when dogs are contained within an enclosure, or confined to the premises of an animal hospital or licensed dog kennel or chartered benevolent organization of the State for the care of animals, or participating in or training for sporting events, field trials, obedience classes, or dog shows, or herding livestock provided such dogs are not allowed to run at large.

(§ 2, Ord. 422, eff. April 23, 1971)

A dog license shall be issued free of charge in the following instances:

(a) When the license is for a dog which will be used as a guide dog for a blind person. An affidavit attesting to the fact that the dog will be used as a guide dog shall be given to the official issuing the license; and

(b) When the license is for a dog which has been honorably discharged from the armed services of the United States. Such discharge shall be established by showing to the official issuing the license the discharge papers issued for such dog.

(§ 2, Ord. 422, eff. April 23, 1971)

In any prosecution for a violation of any provision of this chapter the burden of producing evidence to establish any of the exemptions provided in this chapter shall, in the first instance, be upon the defendant.

(§ 2, Ord. 422, eff. April 23, 1971)

(§ 2, Ord. 422, eff. April 23, 1971; repealed by Part 4, Ord. 508, eff. July 24, 1975)

(§ 2, Ord. 422, eff. April 23, 1971; repealed by Part 4, Ord. 508, eff. July 24, 1975)

It shall be unlawful for any person to fail to comply with any provision of this chapter or any rule or regulation of the Animal Control Department or the County Health Officer. Before a person is charged with violating any such rule or regulation, he shall have received at least ten (10) days' notice thereof.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by Part 3, Ord. 508, eff. July 24, 1975)

If any portion of this chapter is found to be unconstitutional or invalid, the Council hereby declares that it would have enacted the remainder of this chapter regardless of the absence of any such invalid part.

(§ 2, Ord. 422, eff. April 23, 1971)

The Council may, by resolution, establish rates and charges for services rendered by the Poundmaster not designated in this chapter.

(§ 2, Ord. 422, eff. April 23, 1971)