The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

Transcription

1 Dixon Municipal Code Title 7 ANIMALS Page 1 of 35 Chapters: 7.01 General Provisions Title 7 ANIMALS 7.02 Control of Animals within City Generally 7.03 Kennels and Catteries Generally 7.04 Bees 7.05 Animal Nuisances 7.06 Dangerous Animals The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

2 Dixon Municipal Code Title 7 ANIMALS Page 2 of 35 Sections: Chapter 7.01 GENERAL PROVISIONS Contract with Solano Animal Control Authority for animal control services Contract with the County of Solano for animal licensing City s right to adopt and enforce animal regulations outside of the provisions of the County Code General penalties for violation of this chapter Definitions Powers and duties of Animal Control Officer Impoundment of animals Contract with Solano Animal Control Authority for animal control services. The City is a party to that certain joint exercise of powers agreement, effective July 1, 1997, between itself and the city of Vacaville, city of Rio Vista, city of Suisun City and the city of Fairfield and which created the Solano Animal Control Authority (herein SACA ). Under the provisions of that joint exercise of powers agreement, SACA is authorized to enter into an agreement with a public or private party (herein referred to as the enforcement entity ) to provide animal control services within the territorial boundaries of each city that is a party to the joint exercise of powers agreement. [Ord ] Contract with the County of Solano for animal licensing. The City has entered into a contract with the County of Solano, dated March 1, 1986, and amended April 23, 1996, in which it was agreed that said County will collect animal licensing fees for the City subject to certain terms and conditions set forth in said agreement. The amounts of said licensing fees and the animals to which those fees are made applicable shall be fixed, from time to time, by resolution of the City Council. As required by Paragraph 7 of said agreement, and as authorized by Cal. Gov t Code , this chapter adopts and incorporates by reference the following provisions of Chapter 4 of the Solano County Code, and as those provisions may be amended from time to time, relating to the licensing of animals, as though fully set forth herein: A. Section 4-11 of Article I (Definitions). B. Article VIII (Licenses) (commencing with Section and concluding with Section 4-144). Said provisions of the Solano County Code shall apply to animals located within the territorial limits of the City and it shall be unlawful, and an infraction, for any person to fail to obtain the license required by Article VIII of Chapter 4 of the Solano County Code. Said penalty shall be in addition to the The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

3 Dixon Municipal Code Title 7 ANIMALS Page 3 of 35 penalties prescribed by the Solano County Board of Supervisors under the provisions of Section of said Solano County Code. The City Clerk shall keep a copy of Chapter 4 of the Solano County Code on file in his or her office at all times while this chapter is in force and shall make said Chapter 4 of the Solano County Code, or any portion thereof incorporated by reference in this chapter, available for purchase by the public at the City s established fee for copying public records. [Ord ] City s right to adopt and enforce animal regulations outside of the provisions of the county code. The City, while adopting portions of Chapter 4 of the Solano County Code for licensing of animals within the City, does also reserve to itself the right to adopt and impose additional animal control regulations which it deems to be necessary for public health and safety reasons, to prevent cruelty to animals, and for the prevention of public nuisances within the City. [Ord ; Ord ] General penalties for violation of this chapter. A. Except as otherwise expressly provided for in this chapter, any violation of the provisions of this title shall be an infraction. The City Council may, by ordinance or resolution, establish the fine for each violation which constitutes an infraction, which fine shall be greater than the sum of two hundred fifty dollars ($250.00). Where a specific fine for a violation that is an infraction has not been provided by ordinance or resolution of the City Council, any such violation shall be punishable by a fine of fifty dollars ($50.00). B. Notwithstanding subsection A of this section, any violation of this title shall be a misdemeanor if a defendant has been convicted of, admitted to, or pleaded no contest to one (1) or more violations of this title within the preceding three (3) years, and such prior determination is admitted by the defendant or alleged in the accusatory pleading. C. Every day any violation of this chapter shall continue constitutes a separate offense, to be punished as provided in subsections A and B of this section. D. The provisions of this section providing for criminal penalties shall not preclude any violation of this title from being abated as a public nuisance in lieu of or in addition to being prosecuted as an infraction or misdemeanor when such procedures to abate such violation as a public nuisance are provided for in the provisions of this title. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The City may, in its discretion, elect to pursue any one (1) or more of the penalties or remedies provided for herein or at law or in equity. [Ord ] Definitions. The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

4 Dixon Municipal Code Title 7 ANIMALS Page 4 of 35 For purposes of this title, and except where otherwise expressly defined in a chapter or section thereof, the following words and phrases shall have the following meanings respectively ascribed to: Animal means any members of the kingdom Animalia, exclusive of Homo sapiens and also exclusive of cats as hereinafter defined and specifically regulated by this title. Except as otherwise provided in this title, the term animal shall not include small birds that are commonly kept as pets, small nonpoisonous reptiles, fish or amphibians which may be lawfully kept as pets or small rodents or similar animals which are customarily kept as pets or for laboratory purposes. Animal Control Director shall mean any Animal Control Officer who is designated as such by resolution of the City Council. Animal Control Officer means any person or persons designated by resolution of the City to enforce the provisions of this title. Said person or persons may be an officer or employee of the enforcement entity defined herein. At large means any animal, domestic animal, exotic animal or fowl, other than a cat, which is not physically confined to the premises owned or legally controlled by the owner and is not confined in a vehicle or enclosure or not otherwise subject to the direct and complete physical control of and in the immediate presence of its owner or another competent person to whom it has been entrusted by its owner. An animal, domestic animal, exotic animal or fowl, other than a dog, cat or bird, which is on a public street, in a public park, on City property or school property within the City is presumptively at large if it is not under physical restraint by leash, halter, lead or chain controlled by its owner or another competent person to whom it has been entrusted by its owner. A dog which is on a public street, in a public park, on City property or school property within the City is presumptively at large if it is not securely restrained by a leash controlled by its owner or another competent person to whom it has been entrusted by its owner. In addition, an animal, domestic animal, exotic animal or fowl, other than a cat, is presumptively at large if it is present on any private property within the City without the express or implied consent of the owner or occupant of such private property. Cat means any member of the species Felis catus customarily confined or cultivated as a domestic pet. Cattery means any commercial place of business where five (5) or more cats over the age of six (6) months are boarded, either temporarily or permanently, for the purpose of providing food, care or veterinary treatment to said cats. The term includes any veterinary clinic, animal grooming facility or pet store at which cats are boarded or kept or any other place of business at which cats are kept for sale, laboratory use or other commercial purposes. Chicken means Gallus gallus domesticus. This definition does not include other fowl, such as, but not limited to, peacocks, turkeys, or waterfowl. The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

5 Dixon Municipal Code Title 7 ANIMALS Page 5 of 35 Competent person means a natural person over ten (10) years of age. Domestic animals means horses, donkeys, mules, burros, cattle, sheep, goats, swine, rabbits, or other animals (other than dogs, cats or fowl) which are commonly kept or raised as farm or livestock animals. Enforcement entity shall mean Humane Animal Services, a California nonprofit corporation, or such other entity as may be designated to be the enforcement entity by resolution of the City Council. Exotic animal means any wild animal not customarily confined or cultivated for domestic or commercial purposes but may lawfully be kept as a pet or for display purposes in a zoo or similar institution. Except as otherwise provided in this title, the term exotic animal shall not include small birds that are commonly kept as pets, small nonpoisonous reptiles, fish or amphibians which may be lawfully kept as pets or small rodents or similar animals which are customarily kept as pets or for laboratory purposes. Feral animal means any domestic animal or cat which is known to an Animal Control Officer to live in a wild or semiwild state without the benefit of an owner or any domestic animal which has escaped from confinement and care on the property of its owner for a substantial period of time and is known by an Animal Control Officer to be existing in a wild state without benefit of domestication. Fowl means chickens, geese, ducks, turkeys, squabs, emus, ostriches, or similar feathered animals kept and raised as farm or livestock animals. Kennel means any commercial place of business where five (5) or more dogs over the age of six (6) months are boarded, either temporarily or permanently, for the purpose of providing food, care or veterinary treatment to said dogs. The term includes any veterinary clinic, animal grooming facility or pet store at which the dogs are boarded or kept or any other place of business at which dogs are kept for training, sale, laboratory use or other commercial purposes. Owner means the primary or responsible person who possesses, has title to, has an interest in, harbors, has control of or has custody of an animal. Person means natural persons and legal entities such as corporations, limited liability companies, partnerships, trusts and unincorporated associations. Rooster means a male chicken. [Ord ; Ord ; Ord ] Powers and duties of Animal Control Officer. As authorized by Cal. Gov t Code , this chapter adopts and incorporates by reference the following provisions of Chapter 4 of the Solano County Code relating to the powers, duties, legal authority and status of the Animal Control Officer, as though fully set forth herein: The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

6 Dixon Municipal Code Title 7 ANIMALS Page 6 of 35 A. Subsection (b) of Section B. Sections 4-34 to 4-39, inclusive. The terms animal control director and animal control officer as used in said sections of the Solano County Code shall be synonymous with and shall mean Animal Control Officer and Animal Control Director as defined in this chapter. [Ord ] Impoundment of animals. As authorized by Cal. Gov t Code , this chapter adopts and incorporates by reference all of the provisions of Article III of Chapter 4 of the Solano County Code, relating to the impoundment of animals, as though fully set forth herein. References in said article to the animal control director shall mean the Animal Control Officer as defined in this chapter or the Director of Animal Control of Solano County, whichever is appropriate under the circumstances. The term county as used in Section 4-40 of said Article III of Chapter 4 shall mean the City of Dixon. [Ord ] The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

7 Dixon Municipal Code Title 7 ANIMALS Page 7 of 35 Sections: Dogs running at large. Chapter 7.02 CONTROL OF ANIMALS WITHIN CITY GENERALLY Domestic animals, fowl and exotic animals running at large Animal excreta Permitted number of dogs or cats Permitted number of any other species Impounding unlicensed dogs and feral animals Rabies control Gifts of certain animals and fowl permitted Roosters Prohibited Dogs running at large. A. It shall be unlawful for the owner, guardian, or person having control of any dog to allow or permit a dog to be or run at large in or upon any public place or premises, park, or area of recreation unless such dog is securely restrained by a leash. The leash shall be of sufficient strength to restrain the dog and must be held continuously by a competent person capable of controlling the dog. Every dog found running at large in violation of the provisions of this chapter may be immediately seized and impounded by the Animal Control Officer. B. A dog shall not be considered at large if it is: 1. A guide dog, signal dog, or service dog; 2. Assisting or in training to assist a peace officer who is engaged in law enforcement duties; 3. Enrolled in and actually participating in a dog training or obedience class, exhibition or competition conducted by an organization on private or public property with the permission of the owner or operator of the grounds or facility; 4. Within the confines of a city-designated leash-free area; 5. Securely confined in a vehicle. [Ord ; Ord ] Domestic animals, fowl and exotic animals running at large. It shall be unlawful for the owner or person having control of any domestic animal, fowl or exotic animal to suffer or permit same, under any circumstances, to run at large within the City. Every domestic animal, fowl or exotic animal which is found running at large in violation of the provisions of this chapter may be immediately seized and impounded by the Animal Control Officer. [Ord ] The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

8 Dixon Municipal Code Title 7 ANIMALS Page 8 of Animal excreta. It is unlawful for any owner of any dog, cat, domestic animal, exotic animal or fowl to permit such animal to discharge his or her solid excreta on any public or private property within the City other than the property of such owner, if such owner, having observed such discharge or having been advised of such discharge, does not immediately thereafter remove such animal excreta from the public or private property upon which it was deposited. This chapter shall not apply to any guide dog under the control of a person who is legally blind or any police dog in the control of a peace officer who is on duty. [Ord ] Permitted number of dogs or cats. Except as otherwise provided herein, it shall be unlawful for any person to keep, board or harbor five (5) or more dogs at any place of residence or on any commercial or industrial premises within the City limits except at a kennel operating in conformance with the laws and regulations of the City. Except as otherwise provided herein, it shall be unlawful for any person to keep, board or harbor five (5) or more cats at any place of residence or on any commercial or industrial premises within the City limits except at a cattery operating in conformance with the laws and regulations of the City. The offspring of any female dog or female cat present at any premises within the City at which said female dog or female cat is legally kept may be kept at those premises from time of birth until such offspring reach six (6) months of age, at which time such offspring shall be subject to the numerical limitations upon the number of dogs and cats contained in this chapter. The numerical limitations on dogs and cats contained in this chapter shall not apply to dogs and cats kept on any premises within the City for which the numerical limitation upon dogs or cats would be violated on the effective date of this chapter by the presence of five (5) or more dogs or by the presence of five (5) or more cats if the following conditions are met by the owner of the dogs or cats kept at said premises: A. The only dogs and cats which may be kept on the premises after the effective date of this chapter are dogs or cats which were present on the premises on the effective date of this chapter or are the offspring of said dogs or cats which were born before July 1, 1999; and B. Not later than July 1, 1999, the owner of said dogs or cats has registered each of said animals present on the premises on the effective date of the ordinance codified in this chapter, including their offspring born before July 1, 1999, with the City using such registration procedures as may be provided for by resolution or resolutions adopted by the City Council and by paying such registration fees for said animals as may be included in the procedures contained in said resolution or resolutions; and C. The dogs or cats kept on the premises have not been declared to be a public nuisance under the The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

9 Dixon Municipal Code Title 7 ANIMALS Page 9 of 35 provisions of DMC (D), either prior to the time of registration of said dog or cat, or at any time thereafter; and D. The dogs or cats kept on the premises have not been declared to be a dangerous animal under the provisions of DMC (G), either prior to the time of registration of said dog or cat, or at any time thereafter; and E. The owner of said dogs or cats kept on the premises has not been convicted of, admitted to, or pleaded no contest to an infraction or misdemeanor based upon a violation of this chapter prior to the registration of the dogs or cats. [Ord ] Permitted number of any other species. Except as provided herein, or in DMC , it shall be unlawful for anyone to keep, board or harbor five (5) or more species of animal, domestic animal, or fowl at any place of residence or on any commercial or industrial premises within the City limits. Four (4) or less domestic animals or fowl may be kept at any place or residence or on any commercial or industrial property so long as said premises are maintained in a manner that the animals kept on said premises are not declared to be a public nuisance under the provisions of DMC (D). If said domestic animals or fowl are declared to be a public nuisance, the order of the hearing officer declaring said nuisance may, in addition to the other provisions authorized by DMC , include such conditions, limitations, restriction or prohibitions as are deemed necessary by the hearing officer to permanently abate said nuisance and to prevent its reoccurrence, including a suspension or termination of the keeping of domestic animals or fowl on the premises. Five (5) or more animals, domestic animals, exotic animals or fowl may be kept at a veterinary clinic, livestock yard, commercial farming operation, pet store operation, or public agricultural fair or exposition within the City if such veterinary clinic, livestock yard, commercial farming operation, pet store operation, or public agricultural fair or exposition is operating in conformance with the laws of the State of California and the ordinances and regulations of the City. No exotic animals may be kept within the City on private property without the prior approval of the City Council. Exotic birds may be maintained as pets or for purposes of display so long as they are kept and maintained entirely within an enclosed structure. With the prior written approval of the Animal Control Director, five (5) or more pigeons, doves, or exotic birds may be maintained as pets in any exterior aviary or other exterior confined space within the City; provided, that in the opinion of the Animal Control Director: A. The aviary or space in which said birds are kept is adequate for the number of birds confined; and B. The aviary or space in which the birds are kept is maintained in a clean and sanitary manner; and C. The birds have not been declared to be a public nuisance under the provisions of DMC The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

10 Dixon Municipal Code Title 7 ANIMALS Page 10 of (D). If said birds are declared to be a public nuisance, the order of the hearing officer declaring said nuisance may, in addition to the other provisions authorized by DMC , include such conditions, limitations, restriction or prohibitions as are deemed necessary by the hearing officer to permanently abate said nuisance and to prevent its reoccurrence, including a suspension or termination of the keeping of birds on the premises. The written approval granted by the Animal Control Director to the keeping of said birds may be rescinded at any time when, in the opinion of the Animal Control Director, the conditions set forth above no longer are applicable. [Ord ] Impounding unlicensed dogs and feral animals. It shall be the duty of the Animal Control Officer to take up and impound all unlicensed dogs and feral animals found in the streets, roads, lanes, alleys, parks, or other public places, or upon any vacant, unoccupied, or enclosed lots, lands or premises within the City. [Ord ] Rabies control. As authorized by Cal. Gov t Code , this title adopts and incorporates by reference all of the provisions of Article IX of Chapter 4 of the Solano County Code, relating to rabies, as though said article be fully set forth herein. References in said Article IX to the animal control director shall mean the Animal Control Director as defined in this chapter or the Director of Animal Control of Solano County, whichever is appropriate under the circumstances. [Ord ] Gifts of certain animals and fowl permitted. It shall be unlawful for any person to display, sell, offer for sale, barter or give away any baby chicks, rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored or otherwise artificially treated. This chapter shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes. [Ord ] Roosters Prohibited. No person or persons shall own, possess, maintain, or have custody of a rooster or roosters on any lot, building, structure, property, or premises within the City of Dixon. [Ord ] The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

11 Dixon Municipal Code Title 7 ANIMALS Page 11 of 35 Sections: Chapter 7.03 KENNELS AND CATTERIES GENERALLY Kennel and cattery regulations and requirements Standards for kennels or catteries Kennel and cattery regulations and requirements. It shall be unlawful for any kennel or cattery to be operated in any single-family or multifamily residential zoning district of the City in which the operation of a commercial business in said zoning district as a matter of right would be prohibited by the City zoning ordinance. Every person owning or controlling a kennel or cattery shall annually register said kennel or cattery with the City and shall pay an annual license fee for such kennel or cattery, which annual fee shall be the license fee for all dogs or cats regularly kept therein and the regulatory license fee for said kennel or cattery. The amount of said annual license fee and the manner and time of the payment of said annual fee, and the procedures for revocation of said licenses for cause, shall be determined by resolution or resolutions of the City Council. [Ord ] Standards for kennels or catteries. All kennels and catteries shall be constructed and maintained by the person operating or controlling said facility so as to prevent dogs or cats confined therein from running at large off the premises where the dogs or cats are kept. If said premises are maintained in a manner in which the dogs or cats kept on those premises are declared to be a public nuisance under the provisions of DMC (D), the order declaring said nuisance may, in addition to the other provisions authorized by DMC , include such conditions, limitations, restriction or prohibitions as are deemed necessary by the hearing officer to permanently abate said nuisance and to prevent its reoccurrence, including a suspension or termination of the keeping of dogs and cats on the premises. [Ord ] The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

12 Dixon Municipal Code Title 7 ANIMALS Page 12 of 35 Sections: Definitions Permit required Criteria for approval Adhering to criteria. Chapter 7.04 BEES Beehive(s) situated in the agricultural, industrial and PD districts Exceptions Administrative permit Application requirements Notification of application for permit Permit approval Permit denial Notification of denial Revocation of permit Order to show cause Hearing for denial, revocation and denial of renewal Fees Nontransferability Wild swarm of bees Definitions. For the purpose of this chapter, the following words and terms shall be deemed to mean and to be construed as follows: Bees means honey-producing insects of the species Apis mellifera, including the adults, eggs, larvae, pupae or other immature states thereof, together with such materials as are deposited into hives by their adults, except honey and rendered beeswax. Hives means any receptacle or container made or prepared for the intended use of bees and/or storage of honey or brood, or box or similar container, of which bees have taken possession. Wild swarms of bees means any colony of bees which becomes established upon a lot or parcel or in anything other than a hive. [Ord ] Permit required. No person shall keep or maintain any hive of bees on any lot or parcel within the City without first obtaining a permit from the Community Development Director of the City in accordance with this chapter. [Ord ] The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

13 Dixon Municipal Code Title 7 ANIMALS Page 13 of Criteria for approval. Applicant shall declare under penalty of perjury that the location of the beehive(s) sought is and at all times will be maintained in conformity to each and every one of the following criteria: A. No more than two (2) hives shall be maintained on any lot or parcel. B. The owner s name, address and locations of all such hives shall be registered with the office of the Solano County Agriculture Commissioner. C. No hive(s) shall be kept or maintained within ten (10) feet of any side property line on the lot or parcel upon which such hives are situated, or within fifty (50) feet of any dwelling unit other than that occupied by the person maintaining the hive(s). D. No hive(s) shall be kept or maintained within any required front or side setbacks. E. All hive(s) shall be oriented so that their entrances face a house or building on the premises and shall be surrounded by a solid fence not less than six (6) feet in height, located no farther than thirty (30) feet from such hive(s). Solid fence may be open on that side facing a house or building on the premises. F. A constant water supply adequate to the needs of all hives located on the premises shall be maintained on those premises. G. No hive(s) shall be kept or maintained within two hundred (200) feet of a dwelling occupied by any person who is known to be, or who has provided the applicant with reasonable proof that they are, systemically allergic to bee stings. H. No hive(s) shall be kept or maintained on any lot or parcel which adjoins a lot or parcel that is occupied by any person who has provided the applicant with reasonable proof that they are systemically allergic to bee stings. [Ord ; Ord ] Adhering to criteria. The criteria set forth in DMC , and shall be deemed to be conditions of any administrative permit for the placement of beehive(s), and failure to adhere to said criteria shall be a violation of this chapter. [Ord ] Beehive(s) situated in the agricultural, industrial and PD districts. Notwithstanding the provisions of DMC and , beehive(s) may be kept or maintained without the issuance of a permit on lots or parcels situated in the agricultural, industrial and PD districts zoned for such uses (excluding, however, such lots or parcels being used for residential or commercial legal nonconforming uses), provided such beehive(s) are situated more than one hundred The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

14 Dixon Municipal Code Title 7 ANIMALS Page 14 of 35 fifty (150) feet from any dwelling, excluding the dwelling on the lot or parcel whereon such hive(s) are situated, and at least one hundred (100) feet from any public street, roadway, or public access; provided, the requirements of DMC (B), (D), (F), (G) and (H) shall apply. [Ord ; amended during 2013 recodification.] Exceptions. The City Council finds that the maintenance of beehive(s) within the City not in compliance with the regulations contained in DMC , , and constitutes a public nuisance. The regulations contained in said sections are adopted for the general welfare of the residents of the City. The regulations are primarily adopted for the purpose of enhancing the welfare of residents of properties adjoining lots or parcels upon which beehive(s) are maintained, and such persons are found to be specifically affected by the maintenance of such beehive(s). Therefore, the requirements of DMC (C), (G) and (H), and the distance restriction set forth in DMC , shall not be applicable if the person desiring to maintain the hive(s) shall file with the Community Development Director the written consent of the residents of the adjoining properties and/or dwelling units from which the distance limitations contained in DMC (C), (G) and (H) are to be measured. Such written consent may be revoked by the grantor or successor resident following at least thirty (30) days written notice to the person in control of such hive(s) and by filing a copy thereof with the Community Development Director. [Ord ] Administrative permit. An administrative permit shall be issued by the Community Development Director for uses specified by this chapter where such use meets criteria for assuring that the use does not create such potential impact on residents of properties adjoining lots or parcels upon which beehive(s) are maintained. [Ord ] Application requirements. A written application for an administrative permit under this chapter shall be filed with the Community Development Department upon forms provided by the City. Said application shall be signed by an owner or lawful tenant of the lot or parcel for which the application is submitted. [Ord ] Notification of application for permit. All property owners within two hundred (200) feet of the site shall be notified of the application for keeping of bees. Property owners have ten (10) days to respond to said notice. Property owners claiming to be systematically allergic to bees shall submit medical documentation of such condition. [Ord ] Permit approval. A permit shall be granted by the Director only if all of the criteria for the use specified in this chapter The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

15 Dixon Municipal Code Title 7 ANIMALS Page 15 of 35 are met. The criteria for an administrative permit for such use are set forth in DMC , and [Ord ] Permit denial. The Community Development Director shall deny the application for the administrative permit unless each and every one of the criteria set forth for the use in this chapter is satisfied. [Ord ] Notification of denial. Whenever an administrative permit is denied hereunder, the Community Development Director shall notify the applicant in writing of the ground upon which such denial is based. [Ord ] Revocation of permit. The Community Development Director may issue a notice of noncompliance for any failure to comply with this chapter, or for failure to comply with any State law or local ordinance if the use creates a public nuisance or in any way adversely affects the peace, health, safety, or welfare of the community. Such notice shall be sent by certified mail to the permit holder at the address shown on the permit. [Ord ] Order to show cause. If the noncompliance, nuisance or adverse effect is not abated, corrected or rectified within the time specified in said notice, the Community Development Director may issue an order to show cause why such permit shall not be revoked. Such order shall be served on the permit holder personally or sent by certified mail to the address listed in the permit. It shall set forth the date of a hearing, which shall not be less than ten (10) days from the date of service of such notice, unless the Community Development Director finds that the public health or safety requires immediate action, in which case the hearing may be sooner. [Ord ] Hearing for denial, revocation and denial of renewal. A hearing shall be held by the Community Development Director during which the permit holder and any other interested party may present evidence. After considering all evidence presented, the Community Development Director shall determine if there are good cause and sufficient grounds to deny or revoke such permit. A written order stating the basis for the decision shall be issued. If the permit is revoked, the permit holder shall have ten (10) days to terminate the use on the premises. The decision of the Community Development Director shall be final, unless an appeal is filed in accordance with Chapter DMC. [Ord ] Fees. Fees for the administrative permit shall be set forth in the schedule of fees established by resolution of the City Council. No application shall be accepted as complete until all fees so imposed have been The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

16 Dixon Municipal Code Title 7 ANIMALS Page 16 of 35 paid. [Ord ] Nontransferability. A permit issued hereunder may not be transferred or assigned. [Ord ] Wild swarm of bees. No person shall keep, maintain, or allow to remain on any lot or parcel which such person owns and/or resides any wild swarms of bees. [Ord ] The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

17 Dixon Municipal Code Title 7 ANIMALS Page 17 of 35 Sections: Purpose Definitions Notice of owner to abate Inspection Temporary impoundment of animal Hearing procedures Disposition of public nuisance Enforcement and penalties Exceptions Purpose. Chapter 7.05 ANIMAL NUISANCES A. The keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise disturbs the comfort, peace or quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area is declared to be a public nuisance and is hereby prohibited. Such nuisance shall be abated in accordance with the procedure set forth in this chapter. B. The purpose of this chapter is to provide a procedure for the enforcement of: 1. Subsection A of this section, which prohibits the keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise disturbs the comfort, peace or quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area; and 2. Which provides that every person owning or occupying premises where any dog, cat or other animal or fowl is kept shall keep the place in which such animal is kept in a clean and sanitary condition and free of bodily waste odor. Any property found to be maintained, used or allowed to be maintained or used in violation of this section is declared to be a public nuisance and may be abated pursuant to the procedures set forth in this chapter. The declaration of a nuisance and the procedures for abatement set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law. Further, this chapter shall not preempt or preclude a person from filing a civil lawsuit seeking to abate as a private nuisance an animal that causes annoyance or discomfort to such person by such animal s bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise. [Ord ; Ord ] The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

18 Dixon Municipal Code Title 7 ANIMALS Page 18 of Definitions. As used in this chapter, the following words and phrases shall have the following meanings, unless the context shall indicate another or different meaning or intent: Animal Control Officer means any person or entity designated under this chapter as the Animal Control Officer for the City, including, but not limited to, any police officer or City employee designated to enforce the animal control regulations of this chapter. Animal that habitually howls, yelps, barks or makes noise does not include an animal that howls, yelps, barks or makes noise by reason of provocation by a person other than the animal s owner. Costs of abating a public nuisance shall include all costs incurred in abating the nuisance. Such costs shall include, but are not limited to, the salary costs of the Animal Control Officer, the hearing officer and other City employees involved in the abatement process. Hearing officer means the person appointed by the Chief of Police to serve as the hearing officer under this chapter. Owner means the owner, keeper or person having custody, control or possession of an animal. Petition means either: 1. A writing in which it is asserted by three (3) or more persons having separate residences in a neighborhood that an animal is a public nuisance by reason of its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise; or 2. A writing in which it is asserted by one (1) or more residents in a neighborhood that an animal is a public nuisance by reason of its bodily waste odor, unsanitary condition or habitual howling, yelping, barking, or other noise; and a. Such resident(s) can demonstrate to the satisfaction of the Animal Control Officer that the resident(s) has made a good faith effort to obtain the signatures of other residents in the neighborhood or can demonstrate that it is not possible to obtain such other signatures, as in the case where there are less than three (3) occupied residences in the neighborhood; and b. Such resident(s) has provided to the satisfaction of the Animal Control Officer adequate and competent evidence in support of the claim that the subject animal is a public nuisance. Public nuisance or nuisance means the keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which: The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

19 Dixon Municipal Code Title 7 ANIMALS Page 19 of By habitual howling, yelping, barking or other noise disturbs the peace and quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area; or 2. By its bodily waste odor or other unsanitary condition such as, but not limited to, insect infestation, would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area. [Ord ] Notice of owner to abate. A. Whenever a petition has been filed with the Animal Control Officer, the Animal Control Officer shall determine whether the petition appears to set forth a valid complaint of a public nuisance. If the Animal Control Officer determines that the petition appears to be valid, he/she shall: 1. Notify the owner that the petition has been received; and 2. Investigate whether the animal in question constitutes a public nuisance by reason of its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise. B. Following such investigation, if the Animal Control Officer determines that the animal in question constitutes a public nuisance by reason of its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise, the Animal Control Officer shall notify the owner that the animal is a public nuisance and that such nuisance must be abated within a reasonable time as determined by the Animal Control Officer. C. If the owner fails to abate the public nuisance within the time specified by the Animal Control Officer, the Animal Control Officer may either: 1. Issue a citation to the owner; or 2. Refer the matter to the hearing officer for a hearing in accordance with DMC [Ord ] Inspection. Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter, including but not limited to DMC , such inspection may be made in accordance with DMC [Ord ] Temporary impoundment of animal. A. The Animal Control Officer shall have the power to temporarily impound an animal if: 1. After making a good faith effort, he/she is unable to contact the animal s owner and determines, at the time of inspection, that the noise or odor created by the animal cannot be The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

20 Dixon Municipal Code Title 7 ANIMALS Page 20 of 35 immediately abated and the peace and comfort of the neighborhood restored; 2. Determines, at the time of inspection, that the noise or odor created by the animal cannot or will not be abated by the animal s owner and the peace and comfort of the neighborhood restored; or 3. Determines that the public nuisance has not been abated within the time specified by the Animal Control Officer in accordance with DMC (B). Such inspection and impoundment shall be made in compliance with the provisions of DMC and this section and a hearing shall be held in compliance with DMC to determine if such animal is a public nuisance. B. The owner of the animal shall be responsible for all costs of impounding the animal, including but not limited to daily impoundment fees and any costs incurred in providing care and maintenance of the animal. C. An owner who refuses or fails to surrender an animal to the Animal Control Officer as provided in subsection A of this section shall be guilty of a misdemeanor. D. In lieu of impounding the animal, the Animal Control Officer may permit the animal to be confined by the owner at the owner s expense in an approved kennel or veterinary facility in accordance with the provisions of DMC (D). [Ord ] Hearing procedures. A. Hearings. The hearing officer shall conduct a hearing to determine whether or not the animal is a public nuisance. The hearing shall be conducted in an informal manner and shall afford the owner an opportunity to present evidence as to why the animal should not be declared to be a public nuisance. The hearing is an administrative process to which the formal rules of evidence do not apply. Notice of the time and place of the hearing shall be served upon the owner, either personally or by prepaid first class mail, not less than five (5) working days prior to the hearing. If, after notice, the owner fails to appear at the hearing, the hearing officer may proceed with the hearing and render a determination in the owner s absence. B. Recording. The proceedings at the hearing may be tape recorded if ordered by the hearing officer or requested by the owner of the animal or by any person who has filed a petition with the Animal Control Officer concerning the animal and the alleged public nuisance. A stenographic report shall also report the proceedings if ordered by the hearing officer or requested by the owner, with the costs thereof to be borne by the person making the order or request. A copy of the tape recording or transcript of the proceedings shall be made available to any person upon request and upon payment of the cost of preparation thereof. The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

21 Dixon Municipal Code Title 7 ANIMALS Page 21 of 35 C. Evidence. In making a determination that an animal is or is not a public nuisance, evidence of the following may be considered: 1. The petition filed pursuant to DMC ; 2. The testimony of persons residing or working in the area of the place where the animal is kept; 3. The testimony of the Animal Control Officer; 4. The testimony of any police officer, community service officer, code compliance officer, or other City employee having contact with the animal and its owner; 5. Videotape recordings of the animal or of the place where the animal is kept; 6. Any previous complaints, abatement orders, citations, or convictions regarding maintenance of a public nuisance by the owner by reason of an animal s bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise; 7. The nature and extent of the bodily waste odor, unsanitary condition or noise created by the animal; 8. The manner in which the animal had been maintained by its owner; 9. The presence or absence of any provocation for the habitual howling, yelping, barking or other noise; 10. Whether the animal can be effectively trained or retrained to change its behavior; 11. Whether the odor, unsanitary condition or noise can be eliminated; and 12. Any other relevant evidence regarding the ability of the owner to preserve the comfort, peace or quiet of the neighborhood if the animal is permitted to remain in the City. D. Public Nuisance Declared. The hearing officer, after a hearing, may declare an animal to be a public nuisance whenever it has by its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise disturbed the comfort, peace or quiet of nearby property or has caused annoyance or discomfort to a reasonable person of normal sensitivity in the area. [Ord ] Disposition of public nuisance. A. The hearing officer shall order the owner of an animal that has been determined by the hearing officer to be a public nuisance to abate the nuisance at the direction of the hearing officer within a reasonable period of time. The owner shall be responsible for all costs associated with the abatement process, subject to the monetary limitations set forth in subsection B of this section. The methods, The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.

22 Dixon Municipal Code Title 7 ANIMALS Page 22 of 35 measures or means for abating the public nuisance shall be determined by the owner. Reimbursement of the abatement costs shall be paid within thirty (30) days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer. B. Reimbursement of the costs of abating a public nuisance shall be subject to the following monetary limitations: 1. Two hundred dollars ($200.00) for the first violation; 2. Three hundred dollars ($300.00) for the second violation occurring within three (3) years of the date of the prior violation; 3. Four hundred dollars ($400.00) for a third violation occurring within three (3) years of the date of any prior violation; 4. Five hundred dollars ($500.00) for a fourth or subsequent violation occurring within three (3) years of the date of any prior violation. For the purpose of this subsection, the date of violation shall mean the date on which the hearing officer determines that the subject animal or other animal kept or harbored by the owner is a public nuisance. C. The hearing officer may order the owner to remove the animal from the City by a date certain if the owner: 1. Fails to abate the public nuisance within the time period specified by the hearing officer; 2. Fails to reimburse the costs of abating the public nuisance; or 3. Permits, suffers, or allows the public nuisance to occur again. If the owner fails to remove the animal from the City by such date, the hearing officer may impound the animal and not permit the reclaiming or redemption of the animal by the owner unless adequate arrangements acceptable to the hearing officer have been made by the owner to ensure abatement of the public nuisance. Such arrangements shall be agreed to in writing between the owner and the hearing officer prior to and as a condition of release of the animal to its owner. If such agreement is not made and executed within thirty (30) days from the date of impoundment, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal. D. If the written agreement referred to in subsection C of this section is made and is subsequently breached by the owner, the hearing officer may immediately impound the animal and not permit the reclaiming or redemption of the animal by the owner unless the owner can make adequate, written assurances acceptable to the hearing officer that the owner shall commit no further violation of the The Dixon Municipal Code is current through Ordinance , passed December 13, 2016.