(A) Declaration. The following animals are hereby declared to be nuisances:
1. An animal causing significant damage to the property of a person other than its owner;
2. A fierce, dangerous or vicious animal which, in the opinion of the enforcing animal control officer, cannot be restrained so as to remove all substantial risk of personal injury or substantial property damage;
3. An animal which causes unreasonable fouling of the air by odors;
4. An animal which causes seriously unsanitary conditions in enclosures or surroundings;
5. A dog, cat or animal of similar or greater size which urinates or defecates on any public sidewalk, park or building, or on any private property without the consent of the owner of such private property, unless the owner of or person responsible for such animal shall immediately and properly dispose of the defecation;
6. An animal or combination of animals which bark, whine, howl, cry or makes other loud and disturbing noises in an excessive and continuous manner for at least ten minutes, or in an untimely fashion as to disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking whining, howling, crying or other sound or cry interferes with any person of ordinary sensitivity in a reasonable comfortable enjoyment of life and property;
7. An animal which attacks or molests pedestrians or chases passing vehicles;
8. An animal which habitually or frequently attacks persons or other domestic animals;
9. A “wild animal” as defined in this chapter, if said wild animal is kept or harbored in an area of the city zoned for residential use;
10. An animal that damages public or private property;
11. An animal which is determined by the city’s Police Department or County Health Department to be a public nuisance by virtue of being offensive or dangerous to the public health, welfare, or safety;
12. Public nuisances defined in Cal. Penal Code § 370; and
13. The possession or maintenance of any dog, cat or other animal or the allowing of any dog, cat or other animal to be in violation of this chapter, in addition to a violation of this chapter, is hereby declared to be a public nuisance. The animal control officer or any city peace officer is hereby directed and empowered to summarily abate any such public nuisance independent of any criminal prosecution or the results thereof, by any means reasonably necessary to accomplish said abatement including, but not limited to, issuing of citations, issuing of administrative citations pursuant to Title 1, Chapter 18 of this code and this chapter, the destruction of the dog, cat or other animal involved, or by the imposition of specific reasonable conditions and restrictions for the maintenance of such dog or cat. Failure to comply with such conditions and restrictions is a misdemeanor. The owner or keeper of such dog or cat shall reimburse the city for all costs incurred in enforcing compliance with the provisions of this section. The city, by and through the Police Department, may also commence appropriate proceedings in a court of competent jurisdiction as are appropriate under the laws and regulations of the state for the abatement and redress of public nuisances.
(B) Abatement. In the case of a fierce, dangerous or vicious animal described in subsection (A)2. of this section, an animal control officer may follow the procedures outlined in § 10-3-46 of this chapter. In all other cases described in subsection (A) of this section, the animal is subject to immediate impoundment, and to license revocation or suspension.
(C) Violation. The owner of or person responsible for an animal committing any of the acts named in subsection (A) of this section is guilty of an infraction, unless the violation results in an administrative citation, or unless otherwise stated in this chapter.
(D) Strict liability. The owner or person responsible for an animal declared to be a public nuisance shall be strictly liable for any personal injury or damage caused by such animal.
(E) Administrative citation fine schedule. Any administrative citations issued for violations of this chapter shall be issued pursuant to the following fine schedule:
1. A fine not exceeding $50 per day for a first violation;
2. A fine not exceeding $100 per day for a second violation of the same code provision or permit under this chapter within the previous 12 months; and
3. A fine not exceeding $200 per day for each additional violation of the same code provision or permit under this chapter within the previous 12 months.
(Ord. 604, passed 4-16-2013)