CHAPTER 5:  ANIMALS AND FOWL
ARTICLE I:  DOMESTICATED ANIMAL CONTROL
DIVISION 1. GENERALLY
   5-1.   Definitions
   5-2.   Declaration of public nuisance; prohibited acts
   5-3.   Complaint
   5-4.   Hearing; notice
   5-5.   Impoundment pending hearing, preliminary hearing
   5-6.   Timing of hearings
   5-7.   Witnesses
   5-8.   Evidence
   5-9.   Subpoena power
   5-10.   Record of hearing
   5-11.   Findings
   5-12.   Order
   5-13.   Notice of order
   5-14.   Failure to comply with order
   5-15.   Finality of order
   5-16.   Reserved
   5-17.   Veterinarians and medical provider to report suspected rabid animals and animal bites
   5-18.   Exemptions; special permits
DIVISION 2.  DOMESTICATED ANIMALS
   5-25.   Keeping bees unlawful; exceptions
   5-26.   Swine prohibited
   5-27.   Horses, cows, sheep
   5-28.   Stallions
   5-29.   Special permit; horses, cows, sheep
   5-30.   Rabbits or poultry
   5-31.   Reserved
   5-32.   Dogs in residential zone
   5-33.   Cats in residential zone
   5-34.   Livestock running at large prohibited
   5-35.   Animals at large prohibited
   5-36.   Inspection of animals
ARTICLE II.  DOGS AND CATS
DIVISION 1.  GENERALLY
   5-40.   Destruction of dangerous dogs or cats running at large
   5-41.   Dog or cat licenses
   5-42.   Dog leashing required
   5-43.   Exempted activities
   5-44.   Consent required to enter private property
   5-45.   Dog defecation
   5-46.   Penalty for violations
DIVISION 2.  LICENSING
   5-50.   Applicability of division
   5-51.   Dog exemption from wearing license tag
   5-52.   Cat exemption from wearing license tag
   5-53.   Exemption from license fee
   5-54.   Reserved
   5-55.   License required for dogs or cats over four months
   5-56.   Dog or cat license application
   5-57.   License period
   5-58.   Fees
   5-59.   Cat exemption from license fee
   5-60.   Due date and penalties
   5-61.   Issuance of license tag
   5-62.   Lost license tag
   5-63.   Transfer of license
   5-64.   Cat sterilization required
   5-65.   License violations
   5-66.   Dog kennel license required
   5-67.   Application
   5-68.   Inspection and approval
   5-69.   Issuance and fees
   5-70.   Term
   5-71.   Renewal
   5-72.   Revocation
   5-73.   Appeal of revocation
   5-74.   Compliance with zoning
DIVISION 3.  RABIES VACCINATION
   5-80.   Rabies vaccination requirements
   5-81.   Vaccination certificates
ARTICLE III.  IMPOUNDMENT
   5-85.   Impoundment of animals and poultry running at large
   5-86.   Notice of impoundment to be posted
   5-87.   Disposition of unredeemed animals
   5-88.   Reserved
   5-89.   Impoundment of unlicensed dogs or cats
   5-90.   Reserved
   5-91.   Reserved
   5-92.   Enforcement by city employees
   5-93.   Enforcement authority of poundmaster and deputies
   5-94.   Confinement regulations
   5-95.   Charges
   5-96.   Records
   5-97.   Interfering with poundmaster
   5-98.   Right of entry of poundmaster
   5-99.   Poundmaster to try to locate owner before entering private property
   5-100.   Impoundment of dogs and cats running at large
   5-101.   Care of impounded dogs or cats; redemption procedure; disposition
   5-102.   Reserved
   5-103.   Diseased or injured dog or cat
   5-104.   Disclaimer of liability by city
   5-105.   Suspected rabid dogs or cats to be isolated; place and period of isolation
   5-106.   Isolation of biting animals; impoundment
   5-107.   By veterinarian, on private premises
   5-108.   Animal not properly isolated to be impounded
   5-109.   Redemption of isolated impounded animals; fee
ARTICLE IV.  WILD ANIMAL CONTROL
   5-115.   Provisions for keeping
   5-116.   Defined
   5-117.   Poundmaster regulations
   5-118.   Penalty for violation of article
   5-119.   Escaped animals; owner to notify poundmaster
   5-120.   Impoundment by city
ARTICLE I.  DOMESTICATED ANIMAL CONTROL
DIVISION 1.  GENERALLY
SEC. 5-1.  DEFINITIONS.
   For the purposes of this article, the following words shall have the following meanings:
   (A)   ANIMAL - Any dog, cat, poultry, bird, reptile, fish or any other mammal except a human being.
   (B)   ANIMAL POUND - Any dog pound, animal shelter, temporary pound or pound vehicle owned or operated by the county or the city.
   (C)   COUNTY HEALTH OFFICER - The county health officer and officers, employees and agents thereof.
   (D)   DOG KENNEL - Any place or premises wherein at least five or more dogs over the age of six months are kept for the purpose of breeding, training, boarding or holding for sale.
   (E)   HEARING OFFICER - A regular, full-time employee of the city designated by the city manager to act as the finder of fact and decision maker in any hearing required by this chapter.
   (F)   HOUSEHOLD PET - Cats, dogs, canaries, parrots and other animals and birds usually and ordinarily maintained in or around a residence for the enjoyment of the owner.
   (G)   KENNEL - Any premises whereon five or more dogs or cats over the age of four months are maintained for the purpose of boarding, grooming, breeding, training or sale.
   (H)   OWNER or KEEPER - Any person who possesses, harbors, or has control or custody of an animal.
   (I)   PET SHOP - Any place of business where dogs under four months of age, or cats, birds, reptiles, fish or any other animals to be used as household pets are maintained for sale.
   (J)   POULTRY - Pigeons, chickens, ducks, geese, turkeys and any other fowl.
   (K)   POUND - Any temporary or permanent animal shelter or pound vehicle owned or operated by the city.
   (L)   POUNDMASTER - Any person authorized by the city manager to perform the duties and functions of animal control.
   (M)   PROVOKING - The deliberate incitement of an animal by teasing, tormenting, abusing, or assaulting.
   (N)   RUNS AT LARGE - The act of an animal, being upon private property without the permission of the owner or occupant of the property or being upon public property and not upon a leash, except as exempted by § 5-43.
   (O)   TAX COLLECTOR - The county tax collector and the officers, employees and agents thereof.
(`64 Code, Sec. 5-1)  (Ord. No. 1571, 2239, 2388, 2639)
SEC. 5-2.  DECLARATION OF PUBLIC NUISANCE; PROHIBITED ACTS.
   (A)   The city council hereby declares that each of the following acts constitutes a public nuisance in the city:
      (1)   Maintaining any animal in a foul, offensive, obnoxious, filthy or unsanitary condition;
      (2)   The infliction of physical injury upon any person by any animal unless the person who, at the time the injury was sustained, was either (a) provoking the animal, or (b) willfully trespassing or committing some other tort upon the premises occupied by the owner or keeper of the animal;
      (3)   The unprovoked infliction of physical injury by an animal upon another animal that occurs off the property of the owner or keeper of the animal inflicting the injury;
      (4)   Threatening behavior by an animal toward any person that occurs in such circumstances as to cause such person reasonably to fear for his/her physical safety unless the person who, at the time of the animal's threatening behavior, was either (a) provoking the animal, or (b) willfully trespassing or committing some other tort upon the premises occupied by the owner or keeper of the animal;
      (5)   Any animal that runs at large;
      (6)   Any animal that damages real or personal property of any person other than the owner or keeper and which occurs off the property of the owner or keeper;
      (7)   The utterance of barks, cries, whines, or other sounds of any animal that are so loud, so frequent and continued over so long a period of time as to deprive persons residing in two or more residences of the comfortable enjoyment of their residences;
      (8)   Maintaining any rooster more than four months old within a residential zone; or
      (9)   Maintaining any animal in violation of an order issued by a hearing officer pursuant to this division.
   (B)   The provisions of this section shall not apply to any animal owned by a public entity and used for military or law enforcement purposes.
(`64 Code, Sec. 5-2)  (Ord. No. 1571, 2239, 2251, 2388, 2639)
SEC. 5-3.  COMPLAINT.
   Any person aggrieved by a public nuisance as set forth in section 5-2 may swear out a written complaint with the city clerk. Such complaint shall state the date, time, and place where such nuisance exists or occurred, shall describe the animal, the conduct creating the nuisance, and, if known to the complainant, shall give the name and address of the owner or keeper of the animal. The complaint shall be verified by the complainant and list the address to which the complainant wishes all correspondence to be delivered along with a telephone number at which the complainant may be reached if the address is not within the city.
(`64 Code, Sec. 5-2.1)  (Ord. No. 2239, 2375, 2388, 2639)
SEC. 5-4.  HEARING; NOTICE.
   Upon receipt of a complaint that alleges a public nuisance, or as soon thereafter as the hearing officer may determine the name and address of the owner or keeper of the animal, the hearing officer shall cause a notice of a public nuisance hearing to be served upon the owner or keeper of the animal and upon the complainant. The notice shall be in writing and may be served either by personal delivery or by depositing a copy in the United States mail addressed to the person to be served, postage prepaid, return receipt requested. The notice shall:
   (A)   Include a copy of the complaint;
   (B)   State that a public nuisance hearing will be held to determine whether the animal described in the complaint is a public nuisance and, if the animal is found to be a public nuisance, how the public nuisance may be abated in accordance with this division;
   (C)   State the location, time and date of the public nuisance hearing, which shall be not more than 30 calendar days after the date of the notice; and
   (D)   Include a copy of this division.
(`64 Code, Sec. 5-2.2)  (Ord. No. 2239, 2375, 2388, 2639)
SEC. 5-5.  IMPOUNDMENT PENDING HEARING, PRELIMINARY HEARING.
   (A)   If the poundmaster determines that probable cause exists to believe that (1) an animal poses a threat to the safety of persons or property or (2) an animal is being maintained in violation of a previously issued order of a hearing officer, the poundmaster may seize the animal and have the animal transported to and housed in an animal pound. If the poundmaster does seize and impound an animal, the poundmaster shall promptly either (1) give the notice set forth in subsection 5-5(B) to an owner or keeper of the animal, or (2) if an owner or keeper of the animal is not readily known or available, attempt to determine the name and address of an owner or keeper of the animal and either personally serve such notice upon or send such notice to an owner or keeper of the animal by United States mail, postage prepaid, return receipt requested.
   (B)   Upon impoundment of an animal, a notice in the following form shall be served or sent in accordance with subsection 5-5(A):
   Notice of Right to Preliminary Hearing
      Please take notice that on (insert the date) a (describe the animal - for example - "a dog of approximately 18 inches in height at the front shoulders with black and brown fur") was impounded by the City of Oxnard as posing a public nuisance. A public nuisance hearing will be scheduled in accordance with the Oxnard City Code to determine if the animal is a public nuisance and, if so, how such public nuisance is to be abated. A notice of the location, time and date of such public nuisance hearing will be sent to you at a later date. If, prior to the public nuisance hearing, you wish to retrieve the above described animal, you may request a preliminary hearing to determine if the animal should be impounded until such time as a final order is issued by the hearing officer after conducting the public nuisance hearing.
      If you wish a preliminary hearing, please complete, sign and return this Notice of Right to Preliminary Hearing to the Oxnard police chief at (insert the address of the police department), and a preliminary hearing will be scheduled within 48 hours (excluding holidays and weekends) from the time of receipt of your request by the police chief.
      Dated: ___________               __________________________________
                                 Poundmaster
   Request for Preliminary Hearing
      I request a preliminary hearing in accordance with division 1 of article I of chapter 5 of the Oxnard City Code as to the continued impoundment of the animal described above. Please notify me by telephone at __________________ and deliver all notices to the following address:
      Address: _____________________________________________________________
      Printed name of owner/keeper: ___________________________________________
      Signature of owner/keeper: ______________________________________________
   (C)   Upon receipt of a request for a preliminary hearing, the hearing officer shall immediately cause the requesting party to be notified by telephone (if a telephone number is supplied by the requesting party) of the location, time and date of the preliminary hearing and have delivered to the requesting party's address (if such requesting party's address is within the city of Oxnard) a notice of the location, time and date of the preliminary hearing.
   (D)   At the location, time and date set forth in the notice, the hearing officer shall conduct a preliminary hearing to determine whether probable cause exists to believe that (1) the animal would pose a threat to the safety of persons or property if returned to the owner or keeper during the pendency of the public nuisance hearing, or (2) the animal was being maintained in violation of a previously issued order of a hearing officer.
   (E)   The hearing officer shall allow testimony and evidence in accordance with sections 5-7 and 5-8.
   (F)   In making such determination, the hearing officer shall consider all evidence and testimony offered at the preliminary hearing, including any proposals made by the owner or keeper (1) to secure the animal in a manner so as to foreclose opportunities for injuring or threatening a person or property or (2) to assure the animal will be maintained in accordance with any previously issued order of a hearing officer.
   (G)   Within 24 hours (excluding holidays and weekends) of the conclusion of the preliminary hearing, the hearing officer shall issue a written order as to whether the impoundment shall continue or if the animal may be returned to the owner or keeper.
   (H)   If the order is for the return of the animal, the order may contain specific conditions upon which the animal shall be returned to the owner or keeper, including the payment of animal pound fees.
   (I)   If the hearing officer determines the animal should be impounded, the hearing officer shall permit the animal to be confined at the owner's or keeper's expense in a kennel or veterinary hospital approved by the hearing officer.
   (J)   A violation of an order or a condition in an order of the hearing officer after a preliminary hearing shall be grounds for immediate impoundment of the animal.
(`64 Code, Sec. 5-2.3)  (Ord. No. 2239, 2375, 2388, 2639)
SEC. 5-6.  TIMING OF HEARINGS.
   (A)   The hearing officer shall conduct the public nuisance hearing not later than 30 calendar days after service of the notice of hearing as set forth in section 5-4. The hearing shall be held at the location, time and date set forth in the notice.
   (B)   Upon the request of any party and the showing of good cause, the hearing officer may grant a reasonable continuance of either the preliminary hearing or public nuisance hearing.
(`64 Code, Sec. 5-2.4)  (Ord. No. 2239, 2375, 2639)
SEC. 5-7.  WITNESSES.
   The hearing officer may determine whether oral evidence shall be taken under oath or affirmation. The hearing officer shall receive oral evidence given in either a formal or informal style.  The hearing officer shall permit the parties to call and examine witnesses, to introduce exhibits, to cross-examine witnesses on any matter relevant to the issues even though such matter was not covered on direct examination, and to impeach any witness regardless of which party first called the witness to testify.
(`64 Code, Sec. 5-2.5)  (Ord. No. 2239, 2375, 2639)
SEC. 5-8.  EVIDENCE.
   The hearing officer shall admit any relevant evidence if the evidence is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make such evidence improper.  The hearing officer shall admit such improper evidence for any purpose but such evidence shall not be sufficient itself to support a finding unless the evidence would be admissible over objection in a civil action under the formal rules of evidence or unless the evidence is corroborated by otherwise admissible evidence.
(`64 Code, Sec. 5-2.6)  (Ord. No. 2239, 2375, 2639)
SEC. 5-9.  SUBPOENA POWER.
   The hearing officer shall, at the request of any party, issue subpoenas and subpoenas duces tecum for the attendance of witnesses or production of documents at the preliminary hearing or public nuisance hearing.  Any person duly subpoenaed to appear and testify or to produce any books and papers who wrongfully neglects or refuses to appear or to testify or to produce such books and papers shall be guilty of a misdemeanor.
(`64 Code, Sec. 5-2.7)  (Ord. No. 2239, 2375, 2639)
SEC. 5-10.  RECORD OF HEARING.
   The hearing officer shall record the preliminary hearing and the public nuisance hearing on a recording device and shall make such recording available to the parties upon request.  The hearing officer shall provide a copy of the recording or a transcript prepared therefrom to any party who requests it and who deposits with the city treasurer the estimated cost of making such copy or preparing such transcript.
(`64 Code, Sec. 5-2.8)  (Ord. No. 2239, 2375, 2639)
SEC. 5-11.  FINDINGS.
   Within 15 days after the conclusion of the public nuisance hearing, the hearing officer shall make written findings and render a decision on the issues presented at the hearing.
(`64 Code, Sec. 5-2.9)  (Ord. No. 2239, 2375, 2639)
SEC. 5-12.  ORDER.
   (A)   The hearing officer shall determine what actions are reasonably necessary in order to resolve the issues presented at the public nuisance hearing. If the hearing officer determines that the animal in question is a public nuisance in violation of subsections (A)(2) through (A)(4) of section 5-2, the hearing officer shall order the animal humanely destroyed.
   (B)   If the hearing officer determines that the animal in question is a public nuisance in violation of another portion of section 5-2, the hearing officer shall make an order with conditions that are reasonably calculated to assure that the animal does not continue to be a public nuisance.
   (C)   If the hearing officer determines that the animal in question is a public nuisance, then the order of the hearing officer shall include the requirement that the owner or keeper of the animal pay the animal pound fees if the animal was impounded.
(`64 Code, Sec. 5-2.10)  (Ord. No. 2239, 2375, 2639)
SEC. 5-13.  NOTICE OF ORDER.
   The hearing officer's findings and order shall be final when issued and shall be served promptly on the parties.
(`64 Code, Sec. 5-2.11)  (Ord. No. 2239, 2375, 2639)
SEC. 5-14.  FAILURE TO COMPLY WITH ORDER.
   The failure of an owner or keeper of an animal to take any action required by the order of the hearing officer within the applicable time limit specified in the order shall be a misdemeanor or an infraction.  The humane destruction of the animal by the owner within such time limit shall be deemed compliance with the order regardless of the abatement action specified in the order.  Each day or portion thereof that such noncompliance continues after such time limit shall constitute a separate offense.  The poundmaster may seize any animal being maintained in violation of any order of the hearing officer.
(`64 Code, Sec. 5-2.12)  (Ord. No. 2239, 2375, 2388, 2639)
SEC. 5-15.  FINALITY OF ORDER.
   The decision of the hearing officer shall be final and constitutes the exhaustion of available administrative remedies to review complaints of public nuisances caused by animals.
(`64 Code, Sec. 5-2.13)  (Ord. No. 2239, 2375, 2639)
SEC. 5-16.  RESERVED.
(`64 Code, Sec. 5-3)
SEC. 5-17.  VETERINARIANS AND MEDICAL PROVIDER TO REPORT SUSPECTED RABID ANIMALS AND ANIMAL BITES.
   (A)   Every veterinarian shall report immediately to the poundmaster any animal which is diagnosed by the veterinarian as having rabies or which the veterinarian has reason to suspect has rabies.
   (B)   Every medical provider or other person who treats any person for a bite inflicted by any animal shall report immediately to the poundmaster the name and address of each person receiving such treatment, and, upon the request of the poundmaster, to report to poundmaster such additional information relating to the bite or treatment as poundmaster may deem to be helpful in rabies control.
(`64 Code, Sec. 5-4)  (Ord. No. 1571, 1616, 2388)
SEC. 5-18.  EXEMPTIONS; SPECIAL PERMITS.
   (A)   The provisions of this article shall not apply to those properties officially adopted by the city as agriculture preserves as provided in Cal. Gov't Code, Sections 51200 et seq.
   (B)   Properties containing 20 acres or more that are used exclusively for agriculture purposes may be exempted from the provisions of this article pursuant to special permit.
   (C)   Where a special permit is required the applicant shall obtain signatures of approval from all owners of property and residents within a radius of 200 feet from the subject property. The application shall be presented to the city clerk in writing.  The city clerk shall refer the application to the poundmaster, building official and development services department and conditions advisor who shall make an investigation and make their written recommendations upon the application.
(`64 Code, Sec. 5-5)  (Ord. No. 1571, 2239, 2388)
DIVISION 2.  DOMESTICATED ANIMALS
SEC. 5-25.  KEEPING BEES UNLAWFUL; EXCEPTIONS.
   (A)   No person shall maintain or cause or permit to be maintained any bees in or upon any premises in the city; except, that bees necessary for agricultural purposes may be maintained by special use permit.
   (B)   The provisions of this section shall not apply to bees in sealed containers in transit through the city or to bees within a schoolhouse for the purpose of study or observation.
(`64 Code, Sec. 5-7)  (Ord. No. 1571, 2388)
SEC. 5-26.  SWINE PROHIBITED.
   No person shall maintain, cause or permit to be maintained swine, hogs or pigs within the city.
(`64 Code, Sec. 5-8)  (Ord. No. 1571, 2388)
SEC. 5-27.  HORSES, COWS, SHEEP.
   No person shall maintain or permit to be maintained upon any premises in the city any horse, mule, jack, jenny, cow, bull, heifer, sheep or goat:
   (A)   On any lot containing less than 10,000 square feet; or
   (B)   In any corral or bar within a radius of 75 feet from any dwelling or any zone precluding the maintaining of the above specified animals.
(`64 Code, Sec. 5-9)  (Ord. No. 1571, 2388)
SEC. 5-28.  STALLIONS.
   Upon approval of the poundmaster, a stallion may be maintained in the city in a substantial corral of wood or other construction of six feet in height and under conditions to prevent escape and protect people or other animals.  A minimum substantial corral is defined as one constructed of four-inch by four-inch posts, eight feet on center, anchored 24 inches in heavy grade cement with two-inch by six-inch rails set two feet apart.
(`64 Code, Sec. 5-9.1)  (Ord. No. 1616, 2388)
SEC. 5-29.  SPECIAL PERMIT; HORSES, COWS, SHEEP.
   If more than one of any of the animals mentioned in section 5-27 are to be maintained within the city, before maintaining these animals, the person shall obtain a special use permit.
(`64 Code, Sec. 5-10)  (Ord. No. 1571, 2388)
SEC. 5-30.  RABBITS OR POULTRY.
   (A)   Except for registered homing pigeons, no person shall maintain or permit to be maintained more than 25 in all of rabbits or poultry upon any premises located in a residential or commercial zone of the city.
   (B)   No person shall maintain or permit to be maintained upon any premises in a manufacturing zone of the city, more than 200 in all of rabbits or poultry except by special use permit.
(`64 Code, Sec. 5-11)  (Ord. No. 1571, 2388)
SEC. 5-31.  RESERVED.
(`64 Code, Sec. 5-12)
SEC. 5-32.  DOGS IN RESIDENTIAL ZONE.
   No person shall maintain or permit to be maintained upon any premises in a residential zone of the city more than four dogs over the age of six months for any purpose.
(`64 Code, Sec. 5-13)  (Ord. No. 1571, 2388)
SEC. 5-33.  CATS IN RESIDENTIAL ZONE.
   No person shall maintain or permit to be maintained upon any premises in a residential zone of the city more than four cats over the age of four months.
(`64 Code, Sec. 5-13.1)  (Ord. No. 2388)
SEC. 5-34.  LIVESTOCK RUNNING AT LARGE PROHIBITED.
   No person owning any livestock shall permit such livestock to run at large.
(`64 Code, Sec. 5-14)  (Ord. No. 1616, 2388)
SEC. 5-35.  ANIMALS AT LARGE PROHIBITED.
   No person owning any animal shall permit the animal to run at large without reasonable control or to be pastured or maintained upon any public property or upon any private property without the consent of the owner or occupant thereof or in any manner or place to the injury of the owner or occupant of any other property.
(`64 Code, Sec. 5-15)  (Ord. No. 1616, 2388)
SEC. 5-36.  INSPECTION OF ANIMALS.
   No owner of an animal shall willfully or maliciously fail or refuse to exhibit such animal or any license therefor for inspection upon demand by the poundmaster or any peace officer.
(`64 Code, Sec. 5-16)  (Ord. No. 1616, 2388)
ARTICLE II.  DOGS AND CATS
DIVISION 1.  GENERALLY
SEC. 5-40.  DESTRUCTION OF DANGEROUS DOGS OR CATS RUNNING AT LARGE.
   Any dog or cat which is running at large and which is, by reason of its vicious disposition, dangerous to persons or property may be shot by any peace officer or taken up and destroyed in a humane manner by the poundmaster.
(`64 Code, Sec. 5-22)  (Ord. No. 735, 2388)
SEC. 5-41.  DOG OR CAT LICENSES.
   Any person with custody or control of a dog or cat shall exhibit any license therefor for inspection immediately upon demand by the poundmaster or any peace officer.
(`64 Code, Sec. 5-23)  (Ord. No. 745, 2388)
SEC. 5-42.  DOG LEASHING REQUIRED.
   No person shall permit any dog owned, harbored or controlled by that person to be on any public beach, street, sidewalk, alley, park or place of whatever nature open to and used by the public unless the dog is securely leashed, and the leash is continuously controlled by a responsible person capable of controlling such dog or unless such dog is securely confined in a motor vehicle.
(`64 Code, Sec. 5-24)  (Ord. No. 735, 2318)
SEC. 5-43.  EXEMPTED ACTIVITIES.
   Section 5-42 does not apply to dogs:
   (A)   Actively engaged in dog shows or field trials;
   (B)   Actively engaged in hunting game upon public property which is open for such hunting;
   (C)   Maintained, trained and used exclusively for the working, herding or guarding of other animals, while such dog is actively engaged in such working, herding or guarding;
   (D)   Located in an area of any public beach designated and posted by the city manager or designee as a leash-free area of the city; and
   (E)   Trained and authorized as police service dogs.
(`64 Code, Sec. 5-24.1)  (Ord. No. 2318)
SEC. 5-44.  CONSENT REQUIRED TO ENTER PRIVATE PROPERTY.
   No person shall permit any dog owned, harbored, or controlled by that person to be on private property without the consent of the person owning or occupying the private property.
(`64 Code, Sec. 5-24.2)  (Ord. No. 2318)
SEC. 5-45.  DOG DEFECATION.
   (A)   No person shall, knowingly or by failure to exercise due care, permit any dog owned, harbored or controlled by that person to defecate on any public property or on any private property without the consent of the person owning or occupying the private property.
   (B)   If the person owning, harboring or controlling the subject dog immediately and properly removes such defecation material from such public or private property, the person shall not be in violation of this section.
   (C)   Any person having the control or custody of a dog on public or private property shall at all times have in his/her possession a wrapper, bag, container or other receptacle suitable for pickup and removal of any defecation material deposited by such dog.
(`64 Code, Sec. 5-25)  (Ord. No. 735, 1811, 2318)
SEC. 5-46.  PENALTY FOR VIOLATIONS.
   Violation of sections 5-61, 5-63 and 5-66 shall be an infraction.  The minimum penalty for a first conviction shall be a $100 fine; for a second conviction within one year of the first conviction, the minimum penalty shall be a $200 fine; for a third or subsequent conviction within one year of the first conviction, the minimum penalty shall be a $500 fine.
(`64 Code, Sec. 5-26)  (Ord. No. 735, 2318)
DIVISION 2.  LICENSING
SEC. 5-50.  APPLICABILITY OF DIVISION.
   The licensing provisions of this division do not apply to any dog or cat:
   (A)   While in the immediate custody and control of a person who is engaged in traveling through the city and who is not a resident of the city;
   (B)   Actively engaged in or training for dog or cat shows or field trials;
   (C)   In the city for a period not exceeding 30 days for the purpose of breeding or displaying the dog or cat at shows, exhibitions or field trials; and
   (D)   Confined to the premises of a benevolent organization devoted to the care of lost or homeless animals, or that is confined in an animal hospital for treatment, or confined in a dog or cat kennel, licensed under the provisions of this chapter; provided, that such dog or cat remains, at all times, upon the premises of such benevolent organization, animal hospital or dog or cat kennel.
(`64 Code, Sec. 5-27)  (Ord. No. 735, 762, 2388)
SEC. 5-51.  DOG EXEMPTION FROM WEARING LICENSE TAG.
   The license tag need not be worn when the dog is:
   (A)   Securely confined in a cage or vehicle;
   (B)   Confined in a veterinary facility, licensed kennel, grooming facility, or State chartered benevolent organization for the care of animals; or
   (C)   Participating in or training for sporting events, field trials, obedience classes, dog shows or herding livestock.
(`64 Code, Sec. 5-27.1)  (Ord. No. 1043, 1616, 2388)
SEC. 5-52.  CAT EXEMPTION FROM WEARING LICENSE TAG.
   The license tag need not be worn when the cat is:
   (A)   Identified by a microchip implanted under the skin which is acceptable to and readable by the poundmaster;
   (B)   Securely confined in a cage or vehicle;
   (C)   Confined in a veterinary facility, licensed kennel, cattery, grooming facility or State chartered benevolent organization for the care of animals; or
   (D)   Being shown or exhibited in any cat or pet show.
(`64 Code, Sec. 5-27.2)  (Ord. No. 2388)
SEC. 5-53.  EXEMPTION FROM LICENSE FEE.
   A license tag shall be issued free of charge for the following:
   (A)   For a dog used as a guide dog for a blind person when an affidavit attesting to the dog's use as a guide dog has been submitted to the poundmaster; or
   (B)   A dog which has been honorably discharged from the armed services of the United States.
(`64 Code, Sec. 5-27.3)  (Ord. No. 1043, 1948, 2388)
SEC. 5-54.  RESERVED.
(`64 Code, Sec. 5-28)
SEC. 5-55.  LICENSE REQUIRED FOR DOGS OR CATS OVER FOUR MONTHS.
   (A)   Every person who owns any dog or cat over the age of four months for 30 days or longer shall obtain a current license and license tag stamped with the year in which such license is issued.  The license tag shall be attached to a substantial collar or harness which shall be worn by the dog or cat at all times.
   (B)   Any dog or cat found without a current license tag or for which there is no current license may be taken up and impounded by the poundmaster or any peace officer.
   (C)   Any person who violates this section is guilty of an infraction.
(`64 Code, Sec. 5-29)  (Ord. No. 735, 762, 1045, 1948, 2388)
SEC. 5-56.  DOG OR CAT LICENSE APPLICATION.
   The license and license tag may be obtained by presenting an acceptable rabies vaccination certificate, furnishing the information required herein, and paying the proper fee to the license collector or poundmaster.  The information shall include the name, sex, breed, age and color of the dog or cat and the name, address and, when available, telephone number of the person owning such dog or cat.  A rabies vaccination certificate must show that the vaccination has at least one year to run before its expiration date.
(`64 Code, Sec. 5-30)  (Ord. No. 735, 2501, 1948, 2388)
SEC. 5-57.  LICENSE PERIOD.
   The license period for any license issued shall be specified on the license application and for a period as determined by the poundmaster for that particular license application.  The license period shall not be less than one year nor more than two years from the date the license is issued and such period shall not exceed beyond the expiration date of the applicable rabies vaccination.
   A license shall expire, and such license and corresponding license tag shall cease to be current, upon the expiration of the applicable license period.
(`64 Code, Sec. 5-31)  (Ord. No. 735, 1948, 2388)
SEC. 5-58.  FEES.
   The fees for any license or service of the poundmaster required by this chapter shall be that established by the current schedule of rates and fees as adopted by city council resolution.
(`64 Code, Sec. 5-32)  (Ord. No. 735, 811, 1330, 1494, 1501, 1948, 2388)
SEC. 5-59.  CAT EXEMPTION FROM LICENSE FEE.
   A cat license shall be issued free of charge if the cat is owned by a veterinarian who is licensed by the State and the cat is maintained on the premises used by the veterinarian in his/her practice.
(`64 Code, Sec. 5-32.1)  (Ord. No. 2388)
SEC. 5-60.  DUE DATE AND PENALTIES.
   (A)   The information and fees required by this article are due on the thirtieth day after the day on which:
      (1)   The previous license, if any, expires;
      (2)   The dog or cat is acquired by the person owning the cat or dog;
      (3)   The dog or cat is brought into the city; or
      (4)   The dog or cat attains the age of four months.
   (B)   Any person obtaining a license after the due date shall pay, in addition to the license fee, a late license penalty in an amount equal to 100 % of the license fee which would be applicable if the license period were one year, regardless of the actual license period for which such license is issued.  Such penalty shall be in addition to any other penalty or sanction which may be imposed pursuant to the city for failure to have a license.
(`64 Code, Sec. 5-33)  (Ord. No. 735, 811, 814, 1330, 1501, 1948, 2388)
SEC. 5-61.  ISSUANCE OF LICENSE TAG.
   Upon receipt of the required information, payment of the proper fee and submission of an acceptable rabies vaccination certificate, the dog or cat shall be licensed, a written receipt shall be issued to the applicant, and a metal license tag mailed to the applicant's address.  Each tag shall be serially numbered and stamped with the words “City of Oxnard” and the year issued.
(`64 Code, Sec. 5-34)  (Ord. No. 735, 1501, 1948, 2388)
SEC. 5-62.  LOST LICENSE TAG.
   If a license tag is lost, a duplicate tag may be obtained from the license collector upon payment of a lost license fee per the current licensing schedule of rates and fees.  The licensee shall either surrender the receipt obtained for the lost tag or certify under penalty of perjury that a tag was obtained and that the receipt cannot be found.
(`64 Code, Sec. 5-35)  (Ord. No. 735, 1501, 1948, 2388)
SEC. 5-63.  TRANSFER OF LICENSE.
   In the event that there is a change in ownership of a licensed dog or cat during the license period, the new owner may have the current license transferred to his/her name upon the payment of a transfer fee and surrender of the license receipt.
(`64 Code, Sec. 5-36)  (Ord. No. 735, 1501, 1948, 2388)
SEC. 5-64.  CAT STERILIZATION REQUIRED.
   (A)   No person owning a cat shall allow such cat to have access to the out of doors unless such cat has been surgically sterilized.
   (B)   Any person who violates this section is guilty of an infraction.
(`64 Code, Sec. 5-36.1)  (Ord. No. 2388)
SEC. 5-65.  LICENSE VIOLATIONS.
   (A)   No person shall counterfeit a dog or cat license tag, or attach a license tag issued under the provisions of this code to any dog or cat other than the one for which such tag was issued, or obtain a dog or cat license tag or dog or cat kennel license and, in doing so, state as true any material matter which he/she knows to be false is guilty of an infraction.
   (B)   Any person who violates this section is guilty of an infraction.
(`64 Code, Sec. 5-36.2)  (Ord. No. 2388)
SEC. 5-66.  DOG KENNEL LICENSE REQUIRED.
   Every person who owns, manages, or operates a dog kennel shall obtain a dog kennel license.
(`64 Code, Sec. 5-37)  (Ord. No. 2388)
SEC. 5-67.  APPLICATION.
   (A)   Every person required to obtain a dog kennel license shall submit a written application to the poundmaster.  Such application shall include the following:
      (1)   The name and address of the dog kennel;
      (2)   The name of the person owning, managing or operating the dog kennel;
      (3)   The number and approximate age of the dogs maintained therein as of the date of the application;
      (4)   The maximum number of dogs over the age of four months and the maximum number of dogs under such age which will be maintained at the dog kennel at any given time during the licensing period; and
      (5)   The purposes for which the dogs are maintained at the dog kennel.
   (B)   Such application shall be accompanied by a certificate from the city planner stating that a dog kennel is a permitted use or that a conditional use permit has been issued for the dog kennel.
(`64 Code, Sec. 5-38)  (Ord. No. 2388)
SEC. 5-68.  INSPECTION AND APPROVAL.
   (A)   Upon receipt of a dog kennel license application, the poundmaster shall cause the dog kennel to be inspected to determine its compliance with the poundmaster's minimum standards for operation.
   (B)   The poundmaster's minimum standards shall be in writing and shall be made available for inspection during regular business hours at the office of the animal control division of the crime protection program.
   (C)   If the poundmaster determines that the dog kennel meets such minimum standards and that the application complies with all the requirements of this section, the poundmaster shall approve the dog kennel license application.
   (D)   The poundmaster shall notify the applicant of approval or denial of the dog kennel license application within 30 days of the poundmaster's receipt of the dog kennel license application.
   (E)   The decision of the poundmaster to approve or deny the dog kennel license application shall be final and not subject to an appeal.
(`64 Code, Sec. 5-38.1)  (Ord. No. 2388)
SEC. 5-69.  ISSUANCE AND FEES.
   Upon approval the poundmaster shall forward a copy of the dog kennel license application to the license collector which will issue a dog kennel license to the applicant upon payment of the fees to be prescribed by city council resolution.
(`64 Code, Sec. 5-38.2)  (Ord. No. 2388)
SEC. 5-70.  TERM.
   The dog kennel license shall be effective for one year, beginning January 1 and ending December 31 of the calendar year of issuance.  Any dog kennel license issued after January 1 shall expire on December 31 of that calendar year.
(`64 Code, Sec. 5-38.3)  (Ord. No. 2388)
SEC. 5-71.  RENEWAL.
   A dog kennel license may be renewed annually after an annual inspection by the poundmaster and the payment of the fees to the license collector.
(`64 Code, Sec. 5-38.4)  (Ord. No. 2388)
SEC. 5-72.  REVOCATION.
   (A)   Upon written notice to the licensee, a dog kennel license may be revoked by the poundmaster for any of the following reasons:
      (1)   The dog kennel maintains a greater number of dogs than the maximum number specified in the dog kennel license application;
      (2)   The dog kennel fails, at any time after issuance of a license, to meet the poundmaster's minimum standards;
      (3)   The dog kennel is not being maintained in a sanitary and healthful condition; or
      (4)   The dogs confined in the dog kennel are not provided with adequate care and supervision.
   (B)   The license revocation shall become effective 30 days after notice of revocation is deposited in the mail, postage prepaid, directed to the person owning, operating or managing such dog kennel at the address shown in the application.
      The license revocation shall be withdrawn if, within the 30-day waiting period, the noticed condition is corrected to the satisfaction of the poundmaster.
   (C)   The poundmaster shall notify the license collector promptly of any revocation.  No part of the dog kennel license fee shall be refunded in the event of such revocation.
(`64 Code, Sec. 5-39)  (Ord. No. 2388)
SEC. 5-73.  APPEAL OF REVOCATION.
   (A)   Within 14 days of the poundmaster's written notice of revocation of the dog kennel license, a licensee may file a written notice of appeal to the police chief setting forth fully the grounds for the appeal.
   (B)   Within 21 days after the notice of appeal is received, the police chief will send a notice of the time and place of an appeal hearing to the licensee.
   (C)   The formal rules of evidence and procedure shall not apply to the appeal hearing, except to the extent required by the hearing officer.
   (D)   At the conclusion of the hearing, the hearing officer may either announce the decision or take the matter under submission and issue a written decision within 30 days of the conclusion of the hearing.  The hearing officer's decision shall contain a statement of the reasons upon which the decision was based.
   (E)   The decision of the hearing officer shall be final and constitute the exhaustion of available administrative remedies to the poundmaster's revocation of the dog kennel license.
(`64 Code, Sec. 5-40)  (Ord. No. 2388)
SEC. 5-74.  COMPLIANCE WITH ZONING.
   A dog kennel license issued pursuant to this article shall cease to be valid whenever the operation of the dog kennel becomes a prohibited use for the zone in which such dog kennel is located.
(`64 Code, Sec. 5-41)  (Ord. No. 2388)
DIVISION 3.  RABIES VACCINATION
SEC. 5-80.  RABIES VACCINATION REQUIREMENTS.
   Every person maintaining or having any dog or cat over four months of age in the city shall cause such dog or cat to be vaccinated with rabies vaccine, by a person licensed by the State, to practice veterinary medicine  and shall cause such dog or cat to be re-vaccinated within a period of not more than:
   (A)   Twelve months after the dog's or cat's initial vaccination, if the dog or cat was between four months and one year of age at the time of such vaccination; or
   (B)   Thirty months after each prior vaccination.
(`64 Code, Sec. 5-42)  (Ord. No. 745, 1616, 2388)
SEC. 5-81.  VACCINATION CERTIFICATES.
   Every person practicing veterinary medicine who vaccinates a dog or cat with rabies vaccine shall immediately issue to the person who owns the dog or cat a certificate signed by a veterinarian which states the:
   (A)   Name and address of the owner of the vaccinated dog or cat;
   (B)   Kind of vaccine used, name of the manufacturer, the manufacturers serial or lot number, and the date of vaccinations; and
   (C)   Breed, age, color, and sex of the vaccinated dog or cat.
(`64 Code, Sec. 5-43)  (Ord. No. 735, 811, 2388)
ARTICLE III.  IMPOUNDMENT
SEC. 5-85.  IMPOUNDMENT OF ANIMALS AND POULTRY RUNNING AT LARGE.
   The poundmaster, is hereby authorized and empowered to take up and impound any animals running at large and to keep such animals confined at the pound or at such other place as the poundmaster may provide, for not less than three days.  If any impounded animals are reclaimed, the poundmaster shall collect all applicable fees before delivering the same to the owner.
(`64 Code, Sec. 5-44)  (Ord. No. 1212, 1948, 2388)
SEC. 5-86.  NOTICE OF IMPOUNDMENT TO BE POSTED.
   Notices containing a description of any animal impounded shall be posted on the bulletin board of the city clerk's office for at least three days.  The poundmaster may publish notices of the impounding of any animal in an attempt to locate the owner thereof.  In such event, the cost of so doing shall be added to the costs of the care of the animal.
(`64 Code, Sec. 5-45)  (Ord. No. 2388)
SEC. 5-87.  DISPOSITION OF UNREDEEMED ANIMALS.
   At the expiration of three days, if the animal has not been redeemed, the poundmaster shall be deemed to have acquired jurisdiction over the animal, and the poundmaster is hereby authorized to destroy, sell, or otherwise dispose of the same and any proceeds derived therefrom shall accrue to the city, to be deposited in the general fund.
(`64 Code, Sec. 5-46)  (Ord. No. 2388)
SEC. 5-88.  RESERVED.
(`64 Code, Sec. 5-46.1)
SEC. 5-89.  IMPOUNDMENT OF UNLICENSED DOGS OR CATS.
   Any dog or cat found without a current license tag may be taken and impounded by the poundmaster or any peace officer.
(`64 Code, Sec. 5-47)  (Ord. No. 735, 762, 2388)
SEC. 5-90.  RESERVED.
(`64 Code, Sec. 5-48)
SEC. 5-91.  RESERVED.
(`64 Code, Sec. 5-49)
SEC. 5-92.  ENFORCEMENT BY CITY EMPLOYEES.
   In addition to any other persons authorized to enforce this chapter, the code enforcement employees of the city are designated as deputies of the poundmaster for the purpose of enforcement activities of the poundmaster.
(`64 Code, Sec. 5-49.1)  (Ord. No. 1721, 1948, 2388)
SEC. 5-93.  ENFORCEMENT AUTHORITY OF POUNDMASTER AND DEPUTIES.
   The poundmaster and deputies are designated as public officers and employees and are authorized to make arrests according to Cal. Penal Code, Section 836.5, during the period and for the purpose of enforcing and carrying out the provisions of this chapter.  The poundmaster and deputies are further authorized to carry and use weapons while actually engaged in the performance of their duties.
(`64 Code, Sec. 5-50)  (Ord. No. 735, 1616)
SEC. 5-94.  CONFINEMENT REGULATIONS.
   The poundmaster may regulate the size and type of cage or other means of animal confinement and the distance from the place of confinement to adjoining property.  The poundmaster may promulgate other regulations deemed necessary, to carry out the purposes of this chapter and to ensure the maintenance of humane, sanitary conditions and the safety of persons and property.  A copy of the regulations shall be furnished by the poundmaster upon request.  In applying the regulations to a given situation, the poundmaster shall take into consideration the type, nature, disposition and training of the animal involved.
(`64 Code, Sec. 5-50.1)  (Ord. No. 1616, 2388)
SEC. 5-95.  CHARGES.
   The poundmaster may charge and collect fees for service rendered by the poundmaster per the current licensing schedule of rates and fees.
(`64 Code, Sec. 5-50.2)  (Ord. No. 1616, 1948)
SEC. 5-96.  RECORDS.
   The poundmaster shall maintain accurate and detailed records of:
   (A)   All dogs and cats licensed, impounded or sold by the poundmaster;
   (B)   All animal bite cases reported to the poundmaster and the investigation of the same; and
   (C)   All monies received by the poundmaster, which records shall be open to inspection at all reasonable times by the police chief or designee.
(`64 Code, Sec. 5-51)  (Ord. No. 735, 2388)
SEC. 5-97.  INTERFERING WITH POUNDMASTER.
   No person shall break open a pound, animal shelter, temporary pound or pound vehicle, or refuse to give the poundmaster the person's name, address and other identification upon the poundmaster's request when the information is required to issue a citation, or in any other manner to obstruct the poundmaster in the discharge of, or attempt to discharge, any duty of the poundmaster.
(`64 Code, Sec. 5-52)  (Ord. No. 735, 1616, 1917, 2388)