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<br />'Cliapter'6:04 ANIMAL CONTROL
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<br />http://www.ordlink.comlcodesisanrnateo/_DAT ArI1TLEO6/Cha.e.ter ."
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<br />motor'vehicle. As used herein Mmotor vehicle" includes, without limitation, automobile, pickup truck and Page 8
<br />trailer.
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<br />(b) No person shall leave a dog or other animal in any unattended motor vehicle without adequate
<br />ventilation, sanitary conditions, or in such a manner as to subject the animal to extreme temperatures which
<br />adversely effect the animal's health or safety.
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<br />(c) Notwithstanding any other provision of this ordinanqe, a violation of subsections (a) or (b) of this section
<br />shall be an infraction. Any animal control officer or law enforcement officer who witnesses such a violation
<br />shall have the right to impound the animal if, in his opinion, the animal's health or safety is or will be thereby
<br />endangered. (Prior code § 3330.5.1; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87)
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<br />6.04.090 Release for confinement.
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<br />No person other than the owner or person authorized by the owner of the animal shall release any animal
<br />from any confinement, vehicle or restraint unless such release is necessary to the immediate health and
<br />safety of the animal. This section shall not apply to peace officers or animal control officers. (Prior code §
<br />3330,5,2; Ord. 2850, 07/19/83; Ord. 3123, 09/15/87; Ord. 3344,11/19/91)
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<br />6.04.100 Permit for dangerous animals.
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<br />(a) No person shall knowingly keep, have, maintain, sell, trade or let for hire an animal previously identified
<br />as dangerous without obtaining a Dangerous Animal Permit from the Animal Control Officer, Violation of this
<br />requirement shall constitute a misdemeanor.
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<br />(b) Upon receipt of written or oral notification by the Animal Control Officer that an animal is dangerous as
<br />defined by this ordinance, the owner and/or possessor shall submit an application for a Dangerous Animal
<br />Permit to the Animal Control Officer within five (5) days, The application for a permit shall contain the name
<br />of the applicant, applicant's address, the applicant's home and business phone numbers, the address and
<br />description of the proposed location of where the animal will be kept, if different from applicant's. a complete
<br />description and a photograph of the animal.
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<br />(c) If owner and/or possessor of animal disputes identification of an animal as a dangerous animal by the
<br />Animal Control Officer they may submit a written request for a hearing to the Animal Control Officer within
<br />five (5) working days of notification. Failure of the owner and/or possessor to request a hearing shall result in
<br />the animal being declared dangerous and the owner and/or possessor shall be subject to compliance with
<br />this section,
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<br />(d) The hearing pursuant to this section shall be conducted by the Director of the Environmental Services
<br />Agency or a designated representative. Hearings shall be scheduled not more than fifteen (15) working days
<br />from the receipt of the request for the hearing and shall be conctucted in an informal manner consistent with
<br />due process of law, A hearing may be continued if the hearing officer deems it necessary and proper or if the
<br />owner, custodian or Animal Control Officer shows good cause. Both the owner of the animal and Animal
<br />Control Services may present relevant evidence and call and cross examine witnesses, but the strict rules of
<br />evidence shall not be applicable. The Director or designated representative shall render a brief written
<br />decision which shall be final within ten (10) days of hearing, Unless the hearing officer otherwise determines,
<br />owner or possessor is liable for all costs related to such hearing not to exceed two hundred fifty dollars
<br />($250), The failure to conduct a hearing required by this section shall have no bearing on any criminal
<br />prosecution for violation of any provisions of this chapter.
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<br />(e) A permit obtained under this section is not transferable. When permittee's address or the location where
<br />the animal is kept changes, the permit automatically becomes void and a new application must be submitted
<br />to the Animal Control Officer. Violation of this subsection shall be a misdemeanor.
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<br />(f) This permit is subject to renewal and approval every year. The permittee shall pay an annual fee for this
<br />permit pursuant to the procedures established by the Division of Animal Control Services. If permittee fails to
<br />file application for renewal or pay permit fee prior to permit anniversary date the permit automatically
<br />becomes void. The fee for such permit shall be as set forth in section 6.04.290. This fee shall not be
<br />refundable. (Prior code § 3330.6; Ord. 966,10/23/51; Ord. 2551,12/12/78; Ord. 2758,12/01/81; Ord. 2850,
<br />07/19/83; Ord. 3123, 09/15/87; Ord. 3911, 06/01/99)
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<br />EXHIBiT A
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