Title 15: Animals

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Chapters:

 15.01 Animal Control
 15.02 Rabies Vaccination (Biting and Bitten Animals)
 15.03 Potentially Dangerous or Vicious or Public Nuisance Animal Hearings


CHAPTER 15.01: ANIMAL CONTROL

Sections:

  • 15.01.010 Definitions
  • 15.01.020 Mandatory Licensing
  • 15.01.030 Impoundment of Animals - Persons Charged with Enforcement
  • 15.01.040 Disposition of Dead Animals
  • 15.01.050 Animal Care
  • 15.01.055 Dog Tethering
  • 15.01.060 Animal Waste
  • 15.01.070 Control of Animals
  • 15.01.080 Animal Noise
  • 15.01.090 Female Dogs and Puppies
  • 15.01.095 Mandatory Spay/Neuter of Adopted Dogs and Cats
  • 15.01.100 Wild, Exotic, or Nondomestic Animals in Captivity
  • 15.01.110 Annual Permit/Business License
  • 15.01.120 Enforcement
  • 15.01.125 Animal Limitations
  • 15.01.130 Penalty Provisions
  • 15.01.140 Abatement of Public Nuisance
  • 15.01.145 Notification of Nuisance
  • 15.01.150 Appeal Procedure Through A Hearing Officer
  • 15.01.155 Decision by Hearing Officer
  • 15.01.160 Hearing Procedures
  • 15.01.165 Judicial Action/Abatement
  • 15.01.170 Attorney Fees
  • 15.01.175 Lien for Costs
  • 15.01.180 Civil Action to Collect



15.01.010 Definitions

As used in this Chapter, Chapter 15.02 or Chapter 15.03 the following terms shall be defined as indicated:

(a) Adequate food. Enough food so as to prevent emaciation, starvation, or obesity. Suitable for consumption by animals.

(b) Animal. Any mammal, poultry, bird, reptile, fish or any other dumb creature.

(c) Animal-At-Large. Any animal off the premises of the owner and/or not under the restraint of a person capable of controlling the animal, except dogs used for law enforcement purposes or for herding and control of livestock when under immediate command control.

(d) Animal Menagerie. Any place where wild animals are kept or maintained for private or commercial purposes, including places where wild animals are boarded, trained or kept for hire.

(e) Animal Shelter. Any facility operated by a humane society, or municipal agency or its authorized agents, for the purpose of impounding animals under the authority of this Chapter or State law for care, confinement, return to owner, adoption, or euthanasia.

(f) Animal Control Officer or Humane Officer. Any person designated by the Town of Apple Valley as a law enforcement officer who is qualified to perform such duties under the laws of the State of California.

(g) Assistance Dog. Are dogs specially trained and certified as guide dogs, signal dogs or service dogs.

(h) Circus. A commercial variety show featuring animal acts for public entertainment.

(i) Commercial Animal Establishment. Any pet shop, grooming shop, guard dog auction, riding school or stable, zoological park, circus, performing animal exhibition, or boarding or breeding kennel open to the general public. This definition does not apply to privately owned, not-for-hire ranches.

(j) Commercial Horticulture. The growing of fruits, vegetables, flowers and ornamental plants for sale.

(k) Domestic Animal. An animal which has historically and commonly been tamed for the use of man (e.g., horses, cows, sheep, dogs, pigs and cats).

(l) Exotic Animal. Any animal belonging by nature or origin to another part of the world; foreign; strangely different and fascinating.

(m) Guard dog. Any dog used for the purpose of guard duty.

(n) Household pets. Small tamed, domestic animal housed and maintained inside a residence.

(o) Guide Dog. Are dogs specially trained and certified as service dogs, signal dogs or assistance dogs.

(p) Kennel or Cattery. Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.

(q) Livestock. Domestic farm animals.

(r) Minor. Not of legal age, or under 18 years old.

(s) Owner. Any person who owns, keeps, or harbors one or more animals. An animal is deemed to be harbored if it is fed or sheltered for five (5) or more consecutive days. Person includes any person, firm, partnership, corporation, trust, and any association of persons.

(t) Potable water. Water suitable for consumption by an animal.

(u) Public Nuisance. Any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term “public nuisance animal” shall mean and include, but is not limited to, any animal that:

(1) Is repeatedly found at large;

(2) Damages the property of anyone other than its owner;

(3) Molests or intimidates pedestrians or passersby;

(4) Chases vehicles;

(5) Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(6) Causes fouling of the air by odor by unclean or unmaintained enclosures and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

(7) Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;

(8) Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained; or attacks other domestic animals; or

(9) Unspayed female in estrus left so as to attract stray males.

(v) Responsible Person. Owner, person, individual, over 18 year old having control, custody, care, in charge of, or living at dog or animal’s residence.

(w) Shelter. Adequate protection from the elements. That which covers, shields, or protects from inclement or adverse weather.

(x) Small Domestic Animal. Mice, rats, hamsters, guinea pigs, turtles, snakes, tropical fish, canaries, parrots, parakeets and other similar animals commonly sold in pet stores and kept as household pets.

(y) Service Dog. Are dogs specially trained and certified as guide dogs, signal dogs or assistance dogs.

(z) Tethering. Restraining an animal with the use of a rope, chain, or other device and attaching to a stationary object.

(aa) Weaned Age. Animals that are accustomed to food other than mothers’ milk. Fowl are considered to be weaned at two (2) months of age.

(bb) Wild Animal. Any wild, exotic, dangerous, or venomous animal including but not limited to mammals, fowl, fish or reptile, including those born or raised in captivity, except the following: domestic dogs (excluding hybrids with wolves, coyotes or jackals); domestic cats (excluding hybrids with ocelots or margays); farm animals, and horses, rodents and captive-bred species of common cage birds. (Section 15.01.010 amended Ordinance #213 adopted 9-28-99)

15.01.020 Mandatory Licensing

(a) It shall be unlawful for any person to keep, harbor, or have custody of any dog over four (4) months of age within the Town of Apple Valley without such dog having a current, valid license tag issued by the Town. Each dog shall have a current rabies vaccination as evidenced by a valid rabies certificate issued by the veterinarian who performed the vaccination as a requisite to licensing. A rabies vaccination certificate shall not be required if the license is obtained at the time the dog is vaccinated at a Town sponsored low-cost clinic.

(b) Licensing Guard Dogs

While a dog is being used as a guard dog within Apple Valley, it must have an Apple Valley dog license and the license tag must be securely fixed to the dog’s collar regardless of where the owner resides and whether a license has been obtained for that jurisdiction.

(c) Written application for licenses, which shall include the name and address of applicant, description of the animal, the appropriate fee, and rabies certificate issued by a licensed veterinarian or antirabies clinic showing a current vaccination, shall be made to the licensing authority.

(d) If not revoked, licenses for the keeping of dogs shall be issued for a period of three (3) months or more, not to exceed three (3) years or the expiration date of the current rabies vaccination certificate.

(e) Application for a dog license must be made within thirty (30) days after obtaining a dog or when the dog reaches the age of four (4) months. This requirement does not apply to a nonresident keeping a dog within the Town for not longer than thirty (30) days so long as a current license from another jurisdiction is continuously attached to the dog.

(f) Upon acceptance of the license application and fee, the licensing authority shall issue a durable tag, stamped with an identifying number.

(g) Dogs must wear identification tags or collars at all times when off the premises of the owners.

(h) The licensing authority shall maintain a record of the identifying numbers of all tags issued and shall make this record available pursuant to the Government Code as a public record.

(i) The licensing period shall run concurrently with the rabies vaccination certificate.

(j) License Fees

Each application for a license shall be accompanied by a license fee as specified in the Town of Apple Valley Fee Schedule, provided such license is obtained:

(1) Within thirty (30) days of the expiration date of the current license;

(2) Within thirty (30) days after said dog attains the age of four (4) months;

(3) Within thirty (30) days after purchase or obtaining control, care or custody of a dog which previously attained the age of four (4) months, and provided further that proof of recent acquisition as indicated by the date of purchase receipt is shown at the time of application; or

(4) Within thirty (30) days of establishing residency. The owner may transfer the dog license from another jurisdiction to the Town of Apple Valley.

(k) No person may use any license for any animal other than the animal for which it was issued.

(l) Penalty Fee

Any person who obtains a license not in conformity with any of the provisions of this Chapter shall pay a penalty fee as specified in the Town of Apple Valley Fee Schedule in addition to the regular license fee.

(m) Renewal of License

Each Apple Valley dog license shall be valid for a period of one, two or three years from the date of issuance, depending on the fee paid, and shall be renewed prior to expiration or within a period of thirty (30) days after expiration. The procedure for the renewal of such license shall be in the same manner as the issuance of the original license.

(n) Duplicate License Tag

When the original license tag is lost, a duplicate tag shall be obtained upon submission to the Animal Control Office such proof as may be required. The cost of each duplicate tag shall be as specified in the Town of Apple Valley Fee Schedule.

(o) Wearing of Tag

It shall be the responsibility of every Apple Valley resident who owns, harbors, cares for, or has in custody a licensed dog, to securely attach or fasten the license tag to the dog’s collar or harness so that such tag is worn by the dog at all times except while such dog remains indoors or in any enclosed yard or pen where the dog resides.

(p) Falsification of License Tag

It shall be unlawful for any person to place upon or attach to a dog any false, counterfeit or unauthorized tag for the purpose of evading the provisions of this Chapter.

(q) Unlawful Use of Tag

It shall be unlawful to attach a license tag on a dog to which said tag was not originally issued.

It shall be unlawful for an unauthorized person to remove from any dog, any collar or harness or other device to which is attached an Apple Valley license tag for the current year or remove such tag therefrom.

(r) Transfer of Ownership

If, during the licensing year, a licensed dog in the Town of Apple Valley is sold or title to the dog is otherwise transferred to a Town of Apple Valley resident, such new owner may apply to the Town for a transfer of such dog’s license and pay a transfer fee as specified in the Apple Valley Fee Schedule. Upon receipt of the application fee, the Animal Control Department shall record the transfer of the license to the new dog owner. (Section 15.01.020 amended Ordinance #213 adopted 9-28-99)

15.01.030 Impoundment of Animals - Persons Charged with Enforcement(a) Animal Control Officers, Humane Officers, Police Officers, The Town Manager and any person designated for that purpose by the Town Manager of Apple Valley are hereby authorized and empowered to:

(1) Capture, receive, take-up and impound:

(a) Any dog or other animal found running at large in violation of this Chapter or any law of the State of California;

(b) Any dog or other animal which is molesting any person;

(c) Any dog or other animal which is molesting or harassing animals, birds, or pets upon the premises of any person;

(d) Any animal, including wild animals or birds, being kept or maintained within a person’s premises in violation of this Chapter or of any law of the State of California;

(e) Stray, unwanted or abandoned animals;

(f) Dogs or other animals which are unlicensed and/or unvaccinated in violation of this Chapter or other applicable laws;

(g) Animals delivered for disposition, after the owner has paid the required fee and released all title and interest in the animal by signing the form provided by the Animal Control Officer for this purpose; or

(h) Animals for which the owner or custodian is unable to care because of imprisonment, illness, or other preventing contingency, or in cases in which the owner or custodian cannot be found;

(2) Regularly and adequately feed, water and otherwise care for all dogs or other animals impounded under the provisions of this Chapter, or to provide for such feeding and watering;

(3) Receive, take-up, and impound any sick or injured dog or other animal whose owner is unknown or unidentified; to humanely destroy any such injured dog or other animal, when, in the opinion of the Officer or a licensed veterinarian, such destruction is necessary and humane; and to make proper disposition of such animal. Should an injured or destroyed animal be an identified animal, then the owner of said animal shall be immediately notified of its injury or destruction.

(4) Do and perform any other acts necessary to carry out the provisions of this Chapter and of the laws of the State of California relating to dogs or other animals.

(b) The officer having custody of any impounded dog or other animal may, by humane methods, summarily destroy the same if:

(1) The dog or other animal is suffering from any incurable or contagious disease as certified to by a licensed veterinarian.

(2) It is an unlicensed vicious dog or other animal.

(c) Any Officer having in his custody any unlicensed, impounded dog or other animal not suffering from any infectious or communicable disease may release the same to any adult person who will pay the pound fees and charges as specified in the Town of Apple Valley Fee Schedule.

(d) All the provisions of this Chapter pertaining to impounded, unlicensed dogs, except the licensing provisions thereof, shall apply to impounded animals.

(e) The Poundkeeper or any duly authorized person shall have the right to receive and dispose of dogs or other animals delivered into his possession by the owners thereof and shall charge a specified fee for each dog, cat, puppy, kitten or other animal delivered into his custody.

(f) Any impounded animal which has not been redeemed or sold may be disposed of by euthanasia in accordance with State and Town of Apple Valley laws.

(g) Disposition of Impounded Animals

(1) An impounded dog or other animal may be redeemed by payment of a specified pound fee in addition to the daily charges and other charges, if any, for each day the animal has been impounded.

(2) Any dog over the age of four (4) months which has been impounded shall not be released from the pound or any shelter which is under contract with the Town of Apple Valley, unless it is first licensed in accordance with the provisions of this Chapter.

(3) Any officer acting under the provisions of this Chapter, and impounding a licensed dog, shall give notice in person, by phone, or by mail to the last known address of the owner, of the impounding of such dog. If such dog is not redeemed and owner or possessor does not pay the fees required as specified in this Chapter within five (5) days or one hundred twenty (120) hours after notice has been given, the Shelter or Animal Control Department shall dispose of such dog in accordance with the provisions of this Chapter.

(h) Sterilization

(1) No unclaimed impounded dog or cat shall be released for adoption without first being sterilized or without written statement from a licensed veterinarian that it would be detrimental to the animal's health to have it sterilized at this time. A sterilization deposit of not less than $40.00 dollars nor more than $75.00 must be collected at the time of adoption. The dog or cat must then be sterilized within 14 days after being released from the Veterinarian. If the adopter presents proof of sterilization within 330 business days of obtaining the proof, the adopter shall receive a full refund of the deposit.

(2) All dogs, cats, and pot-bellied pigs kept in excess of the number allowed per Title 15.01.125A, and permitted with an Animal Control Permit, must be sterilized within thirty (30) days from the date of the assigned permit number.

(i) Record of Impounded Animals

Each officer, or any other duly authorized person, shall keep a record of all animals impounded by him which shall show:

(1) Date of impoundment.

(2) License tag number, if any.

(3) Complete description of animal.

(4) Date and manner of its disposal.

(5) If redeemed or sold, the name and address of the person by whom redeemed or purchased, the amount of all fees and other moneys received or collected and the disposition thereof. (Section 15.01.030 amended Ordinance #213 adopted 9-28-99)

15.01.040 Disposition of Dead AnimalWhen any dog or other animal or fowl owned by, or in the custody or control of any person, or found in any person’s private property dies, such person shall, within twenty-four (24) hours, provide for the burial, incineration or other disposition of the body of such dead animal or fowl in a safe and sanitary manner.

It shall be unlawful for any person to dispose of the body of such dead animal or fowl in or on any public or private property, other than his own, without proper authorization from the Town of Apple Valley.

15.01.050 Animal Care.

Any domestic animal owner or person in responsible charge of any domestic animal shall provide potable water, adequate food and shelter for said animal. The shelter shall be constructed of new, refurbished, or treated wood, durable plastic or other material sufficient to block wind, rain, hail, sleet, or snow . The shelter shall provide sufficient shade from the sun and heat. The shelter shall be constructed in such a manner as to not cause injury.

15.01.055 Dog Tethering.

It shall be unlawful for any dog owner or person in responsible charge of any dog to tether said dog for longer than three (3) hours in a 24-hour period, or a time that is otherwise approved by animal control. No person shall tether, fasten, chain, tie, or restrain a dog, or cause a dog to be tethered, fastened, chained, tied, or restrained to a dog house, tree, fence, or any other stationary object. A dog may be attached to a running line, pulley, or trolley system. A dog may not be tethered by means of a choke collar or pinch collar.

A person may tether, fasten, chain, or tie a dog while engaged in camping or recreational activities, or completing a temporary task that requires the dog to be restrained, or engaged in an activity that is conducted pursuant to a valid license issued by the State of California if the activity for which the license is issued is associated with the use or presence of a dog. A dog may be tethered, fastened, chained, or tied while actively engaged in shepherding or herding cattle or livestock, or cultivating agricultural products.

15.01.060 Animal Waste

It shall be unlawful for any owner or person in responsible charge of any animal to allow said animal to deposit solid waste matter on any improved or unimproved property other than that of the animal owner, unless the animal owner or responsible person in charge of the animal immediately picks up the solid waste. Any solid waste deposited on a dog owners property must be picked up and otherwise properly disposed of every seventy-two (72) hours. All other animal solid waste must be picked up and disposed of properly once every seven (7) days. This section shall not apply to trails and/or Town right-of-ways.

15.01.070 Control of Animals

(a) No person in Apple Valley, owning or having control of any animal, shall permit such animal to stray or run at large upon any public street, sidewalk, schoolground, public park, playground, place of public assembly or any other public place, or any un-enclosed private lot or other un-enclosed private place, or upon any private place or property without the consent of the owner or person in control thereof. Parkways comprising the area between the street and sidewalk shall be included as private property for purposes of this Chapter.

(b) Any person who finds any animal which has strayed or is running at large upon his own property or any other place contrary to the provisions of this Chapter, may take possession of and hold same; provided, however, that he shall notify the Animal Control Office that he has such animal in his possession within twenty-four (24) hours after securing possession thereof, and give such Officer full information in regard to the animal, including a complete description of such animal and license number, if any, and surrender the same to the Animal Control Officer or Department upon demand.

(c) No person in Apple Valley may lawfully bring his dog out of his premises or property unless:

(1) Said dog is restrained by a substantial leash not to exceed six (6) feet in length and is in the charge of a person competent to restrain such dog; or

(2) Said dog is properly restrained and enclosed in a car, cage or similar enclosure; or

(3) Said dog is used for law enforcement purposes or for herding and control of livestock when under immediate command control.

(d) Any dog found running at large, running loose or unrestrained may be impounded by the Animal Control Officer for a period in accordance with California Food and Agriculture Code §31108. Any unclaimed dogs shall then be disposed of in accordance with this Chapter.

(e) There shall be a reclaiming fee for all impounded dogs, as set forth in the Town of Apple Valley Fee Schedule. (Section 15.01.070 amended Ordinance #213 adopted 9-28-99)

15.01.080 Animal Noise

It shall be unlawful for any person to keep or allow to be kept, or permit any animal to remain upon the premises under the control of such person, when such animal habitually barks, whines, crows or makes loud or unusual noises in such a manner as to disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking, whining, crowing, or other sound interferes with any person of ordinary sensitivity in the reasonable and comfortable enjoyment of life and property. The Animal Control Officer shall promptly investigate or cause to be investigated all complaints that this Section is being violated if such complaints are in writing and contain the signature of the complainant.

15.01.090 Female Dogs and Puppies

It shall be unlawful for any person in Apple Valley to permit any female dog owned, harbored or controlled by him, when such dog is in heat or in season or breeding condition, to be unconfined in a manner that attracts stray male dogs.

15.01.095 Mandatory Spay/Neuter of Adopted Dogs and Cats

Any dog or cat adopted from Town of Apple Valley Animal shelter shall be spayed or neutered at the time of adoption. If a veterinarian licensed to practice veterinary medicine in this state certifies that a dog or cat is too sick or injured to be spayed or neutered, or that it would be otherwise detrimental to the health of the dog or cat to be spayed or neutered, the adopter or purchaser shall pay a deposit not more than stated in Food and Agricultural Code 30503 – Spay/Neuter of Dogs and Food and Agricultural Code 31751.3 Cats: Spay/Neuter Deposit Required. The deposit shall be temporary, and shall only be retained until the dog or cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this state. The dog or cat shall be spayed or neutered within 14 business days of said certification. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. If the adopter or purchaser presents proof of spaying or neutering to Town of Apple Valley Animal shelter within 30 business days of obtaining proof, the adopter or purchaser shall receive a full refund of the deposit. If the adopter or purchaser fails to have the dog or cat spayed or neutered within 14 business days of the dog or cat being certified healthy by a veterinarian licensed to practice veterinary medicine in this state, or fails to provide proof of continued illness or injury within 6 months of said adoption, the dog or cat may be impounded by Town of Apple Valley Animal Control officers and/or a citation fee not to exceed Municipal Code section 1.01.200(e) shall be written.

15.01.100 Wild, Exotic or Nondomestic Animals in Captivity

No person shall have, keep, maintain, breed, sell, trade or let for hire, any wild, exotic, dangerous or nondomestic animal without first applying to and receiving special authorization from the State of California, Department of Fish and Game. The keeping or maintenance of such animals shall also conform to the Town Development Code and Town Municipal Code

The provisions of this Chapter shall not apply to licensed circuses, carnivals, zoos or other collections of wild animals under jurisdiction of the Town, State or Federal government.

15.01.110 Annual Permit/Business LicenseAnnual Permit/Business License. No person shall, within the Town of Apple Valley, conduct or operate any kennel, pet shop, pet grooming parlor, public aquarium, game bird farm, petting zoo, wild animal breeding or boarding facility, animal menagerie, excessive animal keeping and/or raising, or other commercial animal facility without first obtaining an annual permit or license under this section and business license from the Town of Apple Valley as required under Chapter 5.02 of the Municipal Code. Any such establishment shall also conform to the Town Development Code, and all other applicable Town ordinances.

(a) Application for a License to Operate

An application for a license to operate a kennel, pet shop, pet grooming parlor, public aquarium, game bird farm, petting zoo, wild animal breeding or boarding facility, animal menagerie, or other commercial animal facility shall be made on a form provided by the Town.

(b) General Regulations

Every person within the Town of Apple Valley who owns, conducts, manages, or operates any animal establishment for which a license is required by this Chapter shall comply with each of the following conditions:

(1) Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals;

(2) All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition;

(3) All animals shall be supplied with sufficient good wholesome food as often as the feeding habits of the respective animals require; access to potable water at all times; and access to adequate shelter at all times to protect from the elements;

(4) Animal buildings and enclosures shall be so constructed and maintained as to prevent the escape of animals;

(5) All reasonable precautions shall be taken to protect the public from the animals and animals from the public;

(6) Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors; heating and cooling shall be provided as required according to physical needs of the animals;

(7) All animal rooms, cages, and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein;

(8) All animal runs shall be of approved construction and shall be provided with adequate waste and manure disposal and for drainage into an approved sewer or individual sewer disposal installation;

(9) Dogs shall not be tethered, fastened, chained, tied or otherwise restrained to a dog house, tree, fence, or any other stationary object longer than three (3) hours in a 24-hour period or a time that is otherwise approved by animal control. A running line, pulley or trolley system may be used. A dog may not be tethered by means of a choke collar or pinch collar.

(10) Every precaution shall be taken to avoid the production of nuisances and any hazard to the public health as a result of the presence of wild, dangerous, and/or exotic animals;

(11) Every violation of applicable regulation shall be corrected within a reasonable time to be specified by the Animal Control Officer.

(12) Failure of the applicant for said license to comply with any of the foregoing conditions shall be deemed just cause for the denial of any license, whether original or renewal.

(c) Expiration of License

Any license issued under this Chapter shall expire at the end of three years or less, depending on the fee paid.

(d) Renewal of License

The procedure for the renewal of any license shall be subject to the same conditions and shall be done in the same manner as the issuance of an original license.

(e) Inspection

The Animal Control Officer shall have the authority to enter upon any area or premises at any reasonable time to enforce the provisions of this Chapter.

(f) Revocation of License Or Animal Control Permit.

The Animal Control Officer shall inspect the animal establishment annually. The Animal Control Officer shall investigate a complaint of any animal establishment. The Animal Control Officer or Hearing Officer may revoke any license or Animal Control Permit issued pursuant to this Chapter, whenever he shall determine from an inspection or substantiated complaints that any animal establishment fails to meet all conditions contained in this Chapter or for any other violation of applicable regulations.

Any revocation of a license or Animal Control Permit may be permanent or temporary. Upon reinstatement, the license or permit shall be in effect for the remainder of the original term for which it was issued.

(g) Licenses or Animal Control Permits.

Pursuant to this chapter, licenses and Animal Control Permits shall not be transferable except when original property including animal establishment within such property is sold by owner to another party and provided further that such animal establishment shall remain within the confines of the original property. (Section 15.01.110 amended Ordinance #213, adopted 9-28-99).

(f) Administrative Hearing.

Upon suspicion or report of an animal license or permit violation, the Town of Apple Valley shall initiate an administrative hearing. The Hearing Officer shall hear and consider all relevant evidence, objections, or portents, and shall receive testimony under oath. The Hearing Officer may assess the owner or property owner for any costs of administration incurred by the Town of Apple Valley. The decision of the hearing Officer shall be final.

15.01.120 Enforcement

In accordance with Section 836.5 of the California Penal Code, the civil and criminal provisions of this Chapter shall be enforced by those persons or agencies designated by municipal authority. It shall be a violation of this Chapter to interfere with the Animal Control Officer in the performance of his duties.

15.01.125 Animal Limitations.

(a) All animal keeping and animal density is subject to limitations shown in Table 15.01.125 A.

Table 15.01.125 A

DISTRICT

TYPE OF USE R-VLD  R-A  R-LD R-E R-EQ R-SF R-M PRD


1. 4-H or FFA animal raising
and/or keeping

P

P

P

P

P

P

-

SUP


2. Commercial Horticulture1

P

P

P

P

P

P

-

CUP


3. Animal Hospital

P

P

P

--

--

--

--

--

4.  Bee Hives

1 hive per
13500 sf

1 hive per
13500 sf

1 hive per
13500 sf

--

--

--

 --

--


5. Commercial Equestrian Stables and Arenas

 P

P

P

CUP

CUP

--

--

--

6. Dogs and Cats as follows:

Up to 1 dog or 1 cat

P

P

P

P

P

P

P2

P


Up to 4 dogs3 4

P

P

P

P

P

P

--


P6


Up to 4 cats4

P

P

P

P

P

P

--


P6


7. Exotic Animals

 SUP

SUP

SUP
2 max

SUP
2 max

SUP
2 max

--

--

P6

8. Exotic Birds5

SUP

SUP

SUP
2 max

SUP
2 max

SUP
2 max

--

--

P6


9. Farm cattle and other Bovine

1 per
9000
sf

1 per
9000
sf

1 per
9000
sf

1 per lot

1 per lot

--

--

P6


10. Horses and other Equine

1 per
9000
sf

1 per
9000
sf

1 per
9000
sf

1 per
9000
sf

1 per
9000 sf 

--

--

P6

11. Llamas and Alpaca

1 per
4500
sf

1 per
4500
sf

1 per
9000
sf

1 per lot

1 per lot

--

--

P6


12. Kennels, Commercial and Non-Commercial

P

P

P

CUP

CUP

--

--

--


13. Ostriches, Emus,
Rheas, Kiwis or other Ratite

1 per
9000
sf

1 per
3000
sf

1 per
9000
sf

--

--

--

--

--

14. Pigs or other Swine

P

P

1 per 9000
sf

1 per lot

--

--

--

--


15. Poultry and other fowl5

caged/fenced outside

P

P

1 per
1800
sf

5 max + 1 Male

5 max + 1 Male

5 max + 1 Male

--

P6

16. Rabbits

P

P

1 per
1800
sf

Total of 6

Total of 6

Total of 6

--

P6


17. Sale of Agricultural Products

P

P

P

--

--

--

--

P6


18. Sheep, Goats and other Ovine

1 per
3000
sf

1 per
3000
sf

1 per
4500
sf

2 per

ot

2 per

lot

--

--

P6


19. Small domestic animals kept as household pets

 

P

P

P

P

P

P

--

P6

  1. These uses are permitted subject to compliance with the provisions of Section 9.03.0600, Home Occupation Permits.
  2. Maximum permitted per unit.  Pot belly pigs are not permitted in the RM district.
  3. Female or neutered male pot belly pigs are permitted in accordance with Section 9.29.030.c of the Apple Valley Development Code.
  4. Excess of four (4), not to exceed a combined total of eight (8) dogs and cats, requires an Animal Control Permit and that all animals be spayed or neutered.
  5. Except peafowl are permitted only in R-A.
  6. Uses permitted in a PRD development shall be consistent with the approved PRD.  Uses not prescribed by an approved PRD shall be consistent with RSF within the Town Municipal Code.

(b) Offspring. The offspring born of such animals which increases the total number upon the premises beyond the numbers permitted shall be removed from the premises no later than thirty (30) days from the Wean Date. All Fowl shall be removed by three (3) months of age.

(c) Animal Control Permit. Dogs and cats may be kept in excess of the number and distribution permitted by Title 15.01.125 Table A by applying to the Animal Control Department for the required permit.

(d) Bee Hives. Bee hives shall be permitted in the R-VLD, R-A, and R-LD zoning districts on lots of two and one-half (2½) acres or larger subject to the requirements of this section. All bee keeping shall be subject to the following requirements:

1. Bee hives and their water source shall be placed a minimum of one hundred (100) feet from any property line and a minimum of four hundred (400) feet from any street, road or highway, any public school, park, established bus or transportation stop or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary;

2. A continuous fresh water source shall be provided on-site prior to the installation of the bee hives; and

3. A maximum of eight (8) bee hives per two and one-half (2½) acres is allowed.

(e) 4H/FFA Animal Raising and/or Keeping. 4-H and/or FFA animal raising and/or keeping shall be permitted in accordance with the animal limitations table (a). A signed application shall be submitted to the Town of Apple Valley by the animal owner or keeper. An Animal Control Officer shall inspect said property and written approval granted prior to the acquisition of a 4-H and/or FFA animal.

15.01.130 Penalty Provisions

Infraction.  Any person violating any provisions of this Chapter shall be guilty of an infraction and upon conviction thereof shall be punished in accordance with the provisions of Section 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code. (Amended Ord. 156, adopted 11-14-95)

15.01.140 Abatement of Public Nuisance

Any violation of Chapter 15.01, Chapter 15.02 or Chapter 15.03 shall constitute a public nuisance and shall be abated by licensing, removal, containment, restraint, spaying or neutering, or maintaining a healthy environment pursuant to the procedures set forth in this Chapter. The procedures for abatement set forth in this Chapter shall not be exclusive and shall not in any manner limit or restrict the Town from enforcing any Town ordinances or abating public nuisances in any other manner provided by law.

15.01.145 Notification of Nuisance

Whenever the Town Manager or his or her designee determines that any animal within the Town is being maintained contrary to one or more of the provisions of this Chapter, written Notice to Appear or Notice of Violation may be delivered to the animal owner or the person in responsible charge of the animal, identifying the violation(s) and section(s) being violated. Such notice shall set forth the administrative penalty or penalties and methods of correcting the violation(s). Such notice shall be served upon the animal owner or the person in responsible charge of the animal in person or by mail. The administrative penalty or penalties described in this section shall be the same sum(s) as described in section 1.01.230(b) of the Town of Apple Valley Municipal Code for conviction(s) of infraction(s). If an appeal from the Notice to Appear is not filed within the time described in section 15.01.160 of this Chapter, then the existence of the violation(s) described in the Notice to Appear or Notice of Violation shall be conclusively established as a public nuisance and shall be abated in the manner described in said notice and in section 15.01.150 of this Chapter, and any administrative fine(s) set forth in said notice shall thereupon be due and payable.

15.01.150 Appeal Procedure Through A Hearing Officer

(a) The animal owner or the responsible person in charge of the animal may contest the Notice to Appear or through a Town of Apple Valley Hearing Officer, who shall be the Town Manager or his or her designee, by paying an appeal fee, which shall be the sum(s) described in section 15.01.155, and by filing a written appeal with the Town Manager or designee within twenty-one (21) calendar days from the date the Notice to Appear was mailed or delivered. The appeal request shall contain:

1. A specific identification number of the subject Notice to Appear.

2. The name and address of the appellant.

3. A statement of appellant’s legal interest in the animal.

4. A statement in ordinary and concise language of the specific(s) or action protested and the grounds for contesting the citation, together with all material facts in support thereof.

5. The date and signatures of the appellant.

(b) As soon as practical after receiving the notice appealing the Notice to Appear, the Town Manager or designee, who shall act as a Hearing Officer, shall set a date for the appeal to be heard, which shall not be less than seven (7) calendar days nor more than thirty (30) calendar days from the date the notice of appeal was filed. The Hearing Officer shall give each appellant a written notice of the time and the place of the hearing at least five (5) calendar days prior to the date of the hearing, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his/her address shown on the Notice To Appeal. Continuances of the hearing may be granted by the Hearing Officer on request of the appellant for good cause shown or on the Hearing Officer’s motion.

15.01.155 Decision by Hearing Officer

Upon the conclusion of the hearing, the Hearing Officer shall determine whether the animal as maintained constitutes a public nuisance.  If the Hearing Officer so finds, the Hearing Officer shall declare such animal to be a Public Nuisance setting forth his/her finding and ordering the abatement of the same by having such animal licensed, removed, confined, restrained, spayed or neutered, and/or maintained in a healthy environment, as may be appropriate.  The decision of the Hearing Officer may also uphold the administrative fine(s) set forth in the Notice To Appear or change the amount of the fine(s) or eliminate the fine(s) if no violation is found to exist.  In the event the fine(s) is eliminated, the appellant shall be entitled to refund of the appeal fee.  The decision of the Hearing Officer shall be final.

15.01.160 Hearing Procedures

(a) All hearings shall be tape recorded.

(b) Hearing need not be conducted according to the technical rules of evidence.

(c) Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

(d) Oral evidence shall be taken only on oath or affirmation.

(e) Irrelevant and unduly repetitious evidence shall be excluded.

15.01.165 Judicial Action/Abatement

Whenever the animal owner or responsible party fails to file a timely appeal or fails to pay the penalty or penalties and/or correct the violation described in section 15.01.155 within twenty-one (21) days of the issuance of a Notice To Appear, in addition to any other rights and remedies available to the Town, prosecution of the violation may be initiated and/or completed in the Municipal Court.

15.01.170 Attorney Fees

In the event the Town incurs attorney fees in any action or proceeding to abate a nuisance under Title 15 or under any other ordinance or title of the Town of Apple Valley Municipal Code, pursuant to Government Code section 38773.5, attorney fees are recoverable by the prevailing party, in those actions or proceedings in which the Town elects, at the initiation of the action or proceeding, to seek recovery of its own attorney fees.

15.01.175 Lien for Costs

When the costs and/or fine(s) incurred and assessed become final, and if unpaid, a lien may be placed upon the owner’s or keeper’s real property where the animal was maintained. The Town Council shall affirm such assessment and cause same to be recorded on the assessment roll. Such assessment shall constitute a special assessment against and a lien upon the property. Said assessment shall be levied and collected in accordance with section 38773.5 of the Government Code and with the applicable provisions of Chapter 6.30 of the Town of Apple Valley Municipal Code.

15.01.180 Civil Action to Collect

In addition to any other rights or remedies the Town may have to collect any fines, fees or debts which are owing under this Title, said sum or sums shall constitute a civil debt to the Town, and the Town shall have the right to file a civil action and seek and judgment therefor which may include all costs incurred by the Town in prosecuting said action.

(Chapter 15.01 amended per Ordinance 388 adopted October 28, 2008).

CHAPTER 15.02 : RABIES VACCINATION (BITING AND BITTEN ANIMALS)

Sections:

  • 15.02.010 Duty to Report Animal Bites
  • 15.02.020 Confinement of Biting Animal
  • 15.02.030 Reporting and Confinement of Rabid Animals
  • 15.02.040 Disposition of Animals Bitten by Rabid Animals
  • 15.02.050 Posting of Quarantine Sign
  • 15.02.060 Prohibiting the Keeping and Sale of Skunks
  • 15.02.070 Possession of Unvaccinated Dog
  • 15.02.080 Vaccination
  • 15.02.090 Exceptions to Vaccination
  • 15.02.100 Authority to Enter Any Premises
  • 15.02.110 Penalty Provisions


15.02.010 Duty to Report Animal Bites

It shall be the duty of any person having knowledge that any animal subject to rabies, whether or not the animal is suspected of having rabies, has bitten any human being within the Town of Apple Valley, to immediately report that fact to the Animal Control Department or to the Police Department and provide full information regarding the incident.


15.02.020 Confinement of Biting Animal

Upon receipt of a report that a person has been bitten by an animal subject to rabies (all warm-blooded mammals), any person authorized to enforce the provisions of this Chapter is hereby empowered to enter upon any private property, including the home or residence where the biting animal is kept or has strayed, to inspect, and strictly isolate, seize, or impound if necessary, in a place and manner approved by the Animal Control Officer, any such animal for a period of ten (10) days (for dogs and cats) and fourteen (14) days (for other animals). Rodents (members of the order Rodentia), rabbits and hares (members of the order Lagomorpha) are not required to be quarantined.
The Animal Control Officer or licensed veterinarian may authorize, with permission of the owner, if known, and other legal restrictions permitting, the euthanasia of a biting animal for the purpose of laboratory examination for rabies using the fluorescent rabies antibody (FRA) test.
It shall be unlawful for any person to remove from any place of isolation or quarantine any animal which has been isolated or quarantined under the provisions of this Chapter, without the consent of the Animal Control Officer.


15.02.030 Reporting and Confinement of Rabid Animals

It is the duty of any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies to report the fact immediately to the Animal Control Department.  If such person is the owner or possessor or has custody of such animal, he or she shall immediately confine it and keep said animal strictly confined until it is established to the satisfaction of said official that such animal has or does not have rabies.

Where such owner or possessor does not have the proper facility for such confinement, or animal owner continually allows such animal to run loose and at large, or where the owner of such rabid or suspected rabid animal is not known, such animal shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian in a pound, veterinary hospital, or other adequate facility in a manner approved by the Animal Control Officer, and shall not be killed or released for at least ten (10) days after the onset of symptoms suggestive of rabies.  If such animal creates a menace to the public health and safety, the Animal Control Officer or his representative may kill or destroy the animal forthwith and have it examined for rabies using the fluorescent rabies antibody (FRA) test.

Whenever any such owned biting animal is quarantined in a place other than the premises of its owner, all expenses incurred in its confinement shall be the liability of the owner, possessor or custodian of such biting animal.


15.02.040 Disposition of Animals Bitten by Rabid Animal

Any animal that is subject to rabies which has been exposed to a known rabid animal or suspected rabid animal shall, upon notification of its owner, possessor or custodian, be:

(a) Immediately securely confined in a place and manner approved by the Animal Control Officer for a period of six (6) months; or

(b) Immediately destroyed unless the biting animal is determined by laboratory examination to be negative from rabies, except that in the case of dogs and cats, the following alternative is permitted:

  1. The dog or cat shall be revaccinated and then quarantined for a period of thirty (30) days provided such dog or cat has been vaccinated not less than thirty (30) days prior, with a rabies vaccine approved by the California State Department of Public Health.

The Animal Control Officer may, at his discretion, kill or quarantine the animal so bitten where the owner, possessor or custodian thereof is not readily accessible or is not known.
The carcass of any dead animal exposed to rabies will, upon demand, be surrendered to the Animal Control Officer.

Upon the discretion of the Animal Control Officer, specimens of high risk or medium risk animals involved in a biting incident shall be examined for rabies.  Specimens of low risk animals may be examined upon payment of reasonable laboratory fees.


15.02.050 Posting of Quarantine Sign

It shall be the duty of any person authorized to enforce the provisions of this Chapter to post an appropriate sign in a conspicuous place at a location where a dog or cat or any biting, vicious or rabid animal is being quarantined or confined to warn the public of this fact.  It shall be unlawful for anyone to obstruct the posting of such a sign or to remove or destroy such a posted sign without permission of the Animal Control Officer.


15.02.060 Prohibiting the Keeping and Sale of Skunks

It shall be unlawful for any person, firm or corporation to:

(a) trap or capture skunks for pets;

(b) trap, capture or hold skunks in captivity for sale, barter, exchange or gift; and

(c) transport skunks from or into the Town, except that the importation or exportation of skunks may be permitted by the Animal Control Officer for recognized zoological gardens or research institutions.


15.02.070 Possession of Unvaccinated Dog

It shall be unlawful for any person within the Town of Apple Valley to own, have an interest in, harbor and feed, or have the care, charge, custody or possession of a dog over the age of four (4) months, whether such dog is confined or not, unless such dog has a current vaccination with a rabies vaccine approved by the California State Department of Public Health and is officially tagged as provided for in this Chapter.  Said vaccines shall be used exclusively to vaccinate all dogs within the Town of Apple Valley.  Vaccination with said vaccines shall be valid for a period not to exceed three (3) years.


15.02.080 Vaccination

Rabies vaccination shall be performed only by a veterinarian who is duly licensed to practice in the State of California.  Vaccination for rabies may be done in any veterinary clinic or hospital or in a low-cost rabies vaccination clinic sponsored by the Town of Apple Valley.


15.02.090 Exceptions to Vaccination

Notwithstanding the provisions of this Chapter, a dog may be exempted from rabies vaccination if such vaccination would jeopardize the health of such dog due to infirmity or other disability provided the owner has in his possession a written certification from a licensed veterinarian attesting to such infirmity or disability.  The owner or custodian of such dog shall, within ten (10) days after the termination of such infirmity or disability, cause such dog to be vaccinated and licensed.  Any such dog with infirmity or disability shall be securely confined within its owner’s or harborer’s premises so that it does not come in contact with any other animal or person.


15.02.100 Authority to Enter Any Premises

The Animal Control Officer shall have the authority to enter upon any area or premises at any reasonable time to enforce the provisions of this Chapter.


15.02.110 Penalty Provisions

(a)  Misdemeanor. Any person violating the provisions of Section 15.02.030 of this Chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punished in accordance with the provisions of Section 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code. (Amended Ord. 156, adopted 11-14-95)

(b)  Infraction. Any person violating any other provisions of this Chapter shall be guilty of an infraction and upon conviction thereof, shall be punished in accordance with the provisions of Section 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code. (Amended Ord. 156, adopted 11-14-95)


CHAPTER 15.03: POTENTIALLY DANGEROUS OR VICIOUS OR PUBLIC NUISANCE ANIMAL HEARINGS

Sections:

  • 15.03.010 Declaration of Public Nuisance
  • 15.03.020 Public Nuisance Defined
  • 15.03.030 Declaring a Dog or Animal Potentially Dangerous or Vicious
  • 15.03.040 Administrative Hearing
  • 15.03.050 Appeal Procedure
  • 15.03.060 Licensing and Vaccinating Potentially Dangerous or Vicious Dog
                     or Animal
  • 15.03.070 Seizure and Impoundment of Dog or Animal
  • 15.03.080 Cost Assessment when Dog or Animal is Seized
  • 15.03.090 Sterilization, Requirement for Dangerous or Vicious Dog or
                     Animal
  • 15.03.100 Destruction of Potentially Dangerous or Vicious Dog or Animal
  • 15.03.110 Restraint or Enclosure of Potentially Dangerous or Vicious Dog or Animal
  • 15.03.120 Notice of Disposal or Escape of Potentially Dangerous or Vicious
                     Dog or Animal
  • 15.03.130 Owners of Potentially Dangerous or Vicious Dog or Animal to
                     Permit Compliance Inspection
  • 15.03.140 Removal of Designation
  • 15.03.150 Keeping of Potentially Dangerous or Vicious Dog or Animal
  • 15.03.160 Penalty
  • 15.03.170 Fees

15.03.010  Declaration of Public Nuisance

It is the purpose and intent of this Chapter to establish the Town’s own program, including procedures for the control of potentially dangerous or vicious dogs or animals, as recognized by Section 31683 of Chapter 9 (entitled “Potentially Dangerous And Vicious Dogs”) of Division 14 of the California Food and Agricultural Code.

Attacks by potentially dangerous or vicious dogs or animals on human beings and domestic animals are attributable to the failure of owners to register, confine and properly control vicious potentially dangerous dogs.
Potentially dangerous or vicious dogs or animals are hereby declared a public nuisance.


15.03.020 Definitions


A. Potentially Dangerous Dog or Animal is defined as any of the following:

  1. Any dog or animal which when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period, engages in any behavior which requires a defensive action by any person to prevent bodily harm when the person and the dog or animal are off the property of the owner or keeper of the dog or animal.
  2. Any dog or animal which, when unprovoked, bites a human being.
  3. Any dog or animal, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of such dog or animal.
  4. Any dog or animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of human beings or domestic animals.
  5. Any dog or animal, which on three (3) separate occasions within a twelve (12) month period, was observed being unrestrained off its owner’s premises by an Animal Control or Code Enforcement Officer or private citizen of the Town of Apple Valley or was apprehended and/or impounded on three (3) separate occasions for being unrestrained or uncontrolled off its owner’s premises.

B. Vicious Dog or Animal is defined as any of the following:

  1. Any dog or animal seized under Section 599.a.a of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.
  2. Any dog or animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.  Severe injury means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.
  3. Any dog or animal previously determined to be, and currently designated as, a “Potentially Dangerous or Vicious Dog or Animal” which, after its owner or keeper has been notified of its determination, continues the behavior described in paragraph “A” above.
  4. Any dog or animal currently listed and determined to be a potentially dangerous or vicious dog or animal, which is not properly licensed and vaccinated, not properly restrained and/or maintained on the owners property.

15.03.030 Declaring an Animal or Dog Potentially Dangerous or Vicious

If an Animal Control Officer, Code Enforcement Officer or Law Enforcement Officer has investigated and determined that there exists probable cause to believe that a dog or animal is potentially dangerous or vicious and has two (2) or more filed sworn to and verified statements of facts received from witnesses, the Animal Control Supervisor, or designee, may set a hearing for the purpose of determining whether or not the dog or animal in question should be declared potentially dangerous or vicious.  The Animal Control Supervisor shall notify the owner or keeper of the dog or animal that an administrative hearing will be held by the Town of Apple Valley, at which time said owner may present evidence as to why the dog or animal in question should not be declared potentially dangerous or vicious.  The owner or keeper of the dog or animal shall be served with notice of the hearing, either in person, by first class mail or by certified mail with return receipt requested at the owner’s last known address, not less than five (5) days, nor more than ten (10) days, before the time set for the hearing.  Service shall be deemed complete at the time the notice is personally served or deposited in the mail.  Failure of any person to receive such notice shall not affect the validity of any proceedings thereunder.  The hearings shall be open to the public.  The Town Manager or designee shall conduct the administrative hearing.

Notice shall be substantiated in the form set forth below:
A Notice of Administrative Hearing for determination and disposition of Potentially Dangerous or Vicious Dogs or Animals.

This is a Notice of Administrative Hearing before the Town of Apple Valley Town Manager or designee to determine whether your dog or animal (name of dog or animal, description of animal if available) is a potentially dangerous or vicious dog or animal.  If your dog or animal is found to be potentially dangerous and/or vicious as defined by the Town of Apple Valley Municipal Code Section 15.03.020 the Town Manager or designee as Hearing Officer may issue any one or more but not limited to the following orders:

  1. Dog or animal shall be properly licensed and vaccinated.
  2. Dog or animal shall be maintained on owners property and be kept indoors or in a securely fenced yard from which the dog or animal cannot escape.
  3. Dog or animal shall be maintained in a covered chain-link run with cement flooring and locked gate from which the dog or animal cannot escape and into which children cannot trespass.
  4. The dog or animal cannot be off the owner’s premises unless it is restrained by a substantial leash and muzzled (if appropriate) under the control of a responsible adult.
  5. If the dog or animal dies or is sold, transferred or permanently removed from the Town of Apple Valley where the owner resides, the owner shall notify the Town of Apple Valley of the changed condition and new location of the dog or animal within two (2) days in writing.
  6. The dog or animal shall be destroyed.
  7. The dog or animal owner shall pay all costs incurred by the Town of Apple Valley for housing, maintenance, feeding, vet care during such time the dog or animal is in the custody of the Town of Apple Valley.
  8. Dog or animal shall be required to be sterilized.
  9. Any person keeping or harboring any dog or animal deemed vicious within the Town of Apple Valley must provide proof of ability to respond in damages up to one hundred thousand dollars ($100,000.00) by obtaining a policy of insurance coverage in said amount for bodily injury to, or death of, any person or persons or for damage to property owned by any other person or persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such dog or animal.
  10. You have five (5) days from the date you receive the written notice of the findings and orders in the hearing to comply with required corrections and pay all fees and/or fines associated with this hearing.  On day six (6) the dog or animal will become property of the Animal Control and be disposed of.
  11. Animal Control has the right to inspect the property at any time for violations of the findings and orders in the hearing.  In the event the owner fails to meet the required conditions from the findings and orders in the hearing, Animal Control may impound the dog or animal and take it to the Shelter or otherwise disposed of such dog or animal, so that it may not become a menace to the public.

15.03.040 Administrative Hearing

A
. At the time stated in the Notice of Administrative Hearing, the Town Manager or designee, hereafter referred to as Hearing Officer, shall hear and consider all relevant evidence, objections, or portents and shall receive testimony under oath relative to the alleged potentially dangerous or vicious dog or animal.  The Hearing Officer may admit into evidence all relevant evidence, including incident reports and affidavits of witnesses.  The Hearing Officer may find, upon a preponderance of evidence, that the dog or animal in question is potentially dangerous or vicious and may make orders authorized by Section 15.03.030 of this Chapter.  Said hearing may be continued from time to time.

B. If the Hearing Officer finds by a preponderance of the evidence that the dog or animal, which is the subject of the hearing, is potentially dangerous or vicious the Hearing Officer shall prepare findings and make specific orders with respect to the dog or animal as authorized by this Chapter.  A copy of the findings and orders shall be served on the owner or keeper of the dog or animal in accordance with the provisions of Section 15.03.030


15.03.050 Determination and Orders; Notice; Compliance; Decision Final

After an administrative hearing is conducted pursuant to this Chapter, the owner or keeper of the dog or animal shall be notified in writing of the determination and orders issued, either personally or by first class mail, postage prepaid.  If a determination is made that the dog or animal is potentially dangerous or vicious, the owner or keeper shall comply with those orders made by the Hearing Officer in accordance with any time schedule established by the Animal Control Supervisor, but in no case more than thirty (30) days after the date of the determination or thirty-five (35) days if the notice of determination is mailed to the owner or keeper of the dog or animal.  The findings and orders by the Hearing Officer are final, without the right of further hearing or appeal.


15.03.060 Licensing and Vaccinating Potentially Dangerous or Vicious Dog
                 or Animal

All potentially dangerous or vicious dogs or animals shall be properly licensed and vaccinated (when appropriate).  The licensing authority shall include the potentially dangerous or vicious designation in the registration records of the dog or animal, either after the owner or the keeper of the dog or animal has agreed to the designation or the Hearing Officer has determined the designation applies to the dog or animal.  The Town of Apple Valley may charge a potentially dangerous or vicious dog fee in addition to the regular licensing fee to provide for the increase costs of maintaining the records of the dog or animal.


15.03.070 Seizure and Impoundment of Dog or Animal

A
. If upon investigation it is determined by the Animal Control Officer that probable cause exists to believe that the dog or animal in question poses an immediate threat to the public safety, the Animal Control Officer may seize and impound the dog or animal pending the Administrative Hearing to be held pursuant to this Chapter.  The owner or keeper of the dog or animal shall be liable to the Town of Apple Valley for all costs and expenses of keeping the dog or animal if the dog or animal is later adjudicated of being potentially dangerous or vicious.

B. When a dog or animal has been impounded pursuant to subdivision (a) and it is not contrary to public safety, the Animal Control Officer may permit the animal to be confined at the owner’s expense in a Town of Apple Valley approved kennel or veterinary facility.


15.03.080 Cost Assessment When Dog or Animal is Seized

If it is determined at the Administrative Hearing as provided in this Chapter that the dog or animal in question is potentially dangerous or vicious, the Hearing Officer may assess the owner or keeper of the dog or animal for any costs of administration incurred by the Town of Apple Valley, including but not limited to costs incurred in housing the dog or animal maintaining and feeding the dog or animal or for any medical attention required for the dog or animal.  Costs assessed shall be charged to the owner or keeper and if unpaid a lien shall be placed upon the owner’s real property where the animal was maintained.  The Town Council shall affirm such assessment and cause same to be recorded on the assessment roll. Such assessment shall constitute a special assessment against and a lien upon the property.  Said assessment shall be levied and collected in accordance with Section 38773.5 of the Government Code, and with the applicable provisions in Chapter 6.30 of the Town of Apple Valley Municipal Code.


15.03.090 Sterilization, Requirement for a Potentially  Dangerous or Vicious
                 Dog or Animal

The owner or keeper of any dog or animal determined to be potentially dangerous or vicious pursuant to this chapter shall have said dog or animal sterilized at the dog or animal owner’s or keeper’s expense.


15.03.100 Destruction of Potentially Dangerous or Vicious Dog
                 or Animal

A
. A dog or animal determined to be potentially dangerous or vicious may be destroyed by the Town of Apple Valley Animal Control Department when it is found, after an Administrative Hearing pursuant to this chapter, that the release of the dog or animal would create a significant threat to the public health, safety and welfare.

B. If it is determined that a dog or animal is potentially dangerous or vicious and shall not be destroyed, the hearing officer shall impose conditions upon the owner or keeper of the dog or animal that protects the public health, safety and welfare.


15.03.110 Restraint or Enclosure of Potentially Dangerous or Vicious
                 Dog or Animal

A
. A dog or animal determined to be potentially dangerous or vicious pursuant to this chapter shall at all times while not securely confined indoors:

  1. Be confined in an area which is securely fenced and locked so as to prevent trespass by children and from which the dog or animal cannot escape.
  2. When off the property of its owner or keeper, humanely muzzled (if appropriate) and leashed with a substantial leash not to exceed six (6) feet in length and under the control of a responsible adult.
  3. Humanely confined in a vehicle so that it can neither escape nor inflict injury on passer-byes.
  4. Be confined in an outdoor fenced enclosure on the property where the dog or animal is kept or maintained so it cannot bite attack or cause injury to any person or domestic animal.  The enclosure must be anchored solidly to the ground and must be of sufficient structural strength and height to ensure the strict confinement of the dog or animal and to prevent unauthorized access.  If necessary to accomplish the intent of containment, a cover over the enclosure and a cement or solid bottom shall be installed.  In addition, any and all gates must be kept locked by a substantial lock.
  5. A vicious dog or animal may be off the property of the owner or keeper for the purpose of obtaining veterinary care, sold, or given away, complying with the provisions of this Chapter.
  6. When off the property of its owner or keeper or in the care of a veterinarian, the dog or animal shall be securely and humanely muzzled (if appropriate) and restrained with a harness, collar, choke chain and nylon or leather leash sufficient to restrain the dog or animal not exceeding four (4) feet in length and shall be under the direct charge and control of its owner or adult keeper.

    When circumstances warrant, the officer in charge of the Animal Control Department may modify conditions of restraint to accommodate the special needs of dogs or animals.


15.03.120 Notice of Disposal or Escape of Potentially Dangerous or Vicious Dog or Animal

A
. The owner or keeper of any dog or animal found to be potentially dangerous or vicious, pursuant to this Chapter, shall notify the Animal Control Department immediately if the dog or animal has escaped, is unconfined, has attacked another dog or animal, has bitten a human being, or has died.

B. The said owner or keeper shall notify the Animal Control Department within forty-eight (48) hours if the dog or animal is sold, transferred, or permanently removed from the place where the owner or keeper resides or kept the dog or animal at the time the dog or animal was determined to be potentially dangerous or vicious.  The owner or keeper shall also inform the Animal Control Department of any new name, address, and phone number of any new owner or keeper of said dog or animal.


15.03.130 Owners of Potentially Dangerous or Vicious Dog or Animal to
                 Permit Compliance Inspection
The owner or keeper of the potentially dangerous or vicious dog or animal determined to be potentially dangerous or vicious pursuant to this Chapter shall consent to inspection of the property where the dog or animal is kept upon twenty-four (24) hour written notice by the Animal Control Department.  Said inspection shall be set at a reasonable time and manner to verify full compliance with the requirements of this Chapter and/or the requirements of the orders issued by the Hearing Officer.


15.03.140 Removal of Designation

If there are no additional instances of the behavior described in Section 15.03.020 within a thirty-six (36) month period from the date of designation as a potentially dangerous or vicious dog or animal, the dog or animal shall be removed from the list of potentially dangerous or vicious dogs or animals.  The dog or animal may, but is not required to be, removed from the list of potentially dangerous or vicious dogs or animals prior to the expiration of the thirty-six (36) month period if the owner or keeper of the dog or animal demonstrates to the Animal Control Department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog or animal, has mitigated the risk to the public safety.


15.03.150 Keeping of Potentially Dangerous or Vicious Dog or Animal

It is unlawful to own, harbor or keep any dog or animal found by another jurisdiction to be potentially dangerous or vicious.  Any dog or animal that has previously been determined to be potentially dangerous or vicious after an Administrative Hearing or court order by another jurisdiction will not be allowed to be kept, owned or harbored within the Town of Apple Valley.


15.03.160 Penalty

Any violation of this Chapter involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars ($500.00).  Any violation of this Chapter involving a vicious dog shall be punished by a fine not to exceed one thousand dollars ($1000.00).


15.03.170 Fees

All fines paid pursuant to this Chapter shall be paid to the Town of Apple Valley where the violation occurred for the purpose of defraying the cost of the implementation of this Chapter. 

(Entire Title 15 per Ord. 154, adopted 09-12-95, effective immediately; Chapters 15.01, 15.02 and 15.03 amended and added  per Ord. 186, effective November 12, 1998)