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HomeMy WebLinkAbout2001-07-10 - ORDINANCES - AMEND MUNICODE ANIMALS (2)ORDINANCE NO. 01-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING TITLE 8 -"ANIMALS" f OF THE CITY OF SANTA CLARITA MUNICIPAL CODE WHEREAS, City of Santa Clarita contracts with the County of Los Angeles for animal control services; and WHEREAS, the County of Los Angeles adopted amendments to Title 10 "Animals" of the Los Angeles County Code to comply with state law on April 24, 2001; and WHEREAS, the City of Santa Clarita initiated amendments to modify Title 8 "Animals" of the Santa Clarita Municipal Code for consistency with Title 10 "Animals" of the Los Angeles County Code for animal control services purposes; and WHEREAS, the amendments include modifications to the following sections of the Municipal Code: Chapter 8.08 "Definitions," Chapter 8.12 "Department of Animal Care and Control," Chapter 8.16 "Department of Animal Care and Control Volunteer Program," Chapter 8.20 "Dogs," Chapter 8.28 "Licenses for Other Animals," Chapter 8.32 "Animals Running at Large," Chapter 8.36 "Impoundment," Chapter 8.40 "General Requirements," Chapter 8.44 "Livestock Fund." The proposed modifications/amendments are attached as Exhibit A; and WHEREAS, a notice of exemption was prepared for the proposed amendments because the proposal amends the Municipal Code to provide enforcement actions and ttt procedures for the regulation of Title 8 "Animals." Indirect impacts from the enforcement of these amendments are categorically exempt under Section 15321, Class 21 of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council of the City of Santa Clarita conducted a duly noticed public hearing on June 26, 2001 at City Hall, 23920 Valencia Boulevard, Santa Clarita, Ca 91355. At this meeting, the City Council introduced an ordinance to modify the Municipal Code and adopted the Notice of Exemption. NOW, THEREFORE, the City Council of the City of Santa Clarita does ordain as follows: SECTION 1. The proposed amendments, as attached as Exhibit A, to the Santa Clarita Municipal Code to meet the requirements of the Government Code of the State of California. SECTION 2. The proposed amendments to the Santa Clarita Municipal Code identified in Exhibit A are hereby adopted. SECTION 3. That if any portion of this ordinance is held to be invalid, that portion shall be stricken and severed, and the remaining portions shall be unaffected and remain in full force and effect. SECTION 4. That the City Clerk shall certify to the passage of this ordinance and shall cause it to be published in the manner prescribed by law. PASSED AND APPROVED this 10`" day ^F T..1.. onny ATTEST: a44_1— CITY `— CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson. City Clerk, of the City of Santa Clarita, do hereby certify that - the foregoing Ordinance No. 01-12 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 26`" day of June 2001. That thereafter, said Ordinance was duly passed and adopted at regular meeting of the City Council on the 10' day of July 2001 by the following vote, to wit: AYES: COUNCILMEMBERS: Smyth, Darcy, Kellar, Ferry, Weste NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK s:/pbs/codeenf/animalcontrol/ordinance.doc AMENDMENTS TO TITLE 8 — "ANIMALS" OF THE CITY OF SANTA CLARITA MUNICIPAL CODE SECTION 1. Section 8.08.021 is amended to read as follows: 8.08.021 Small Animal. "Small animal" means any animal that weighs less than 250 pounds. SECTION 2. Section 8.08.022 is amended to read as follows: 8.08.022 Large Animal. 'Targe animal" means any animal that weighs 250 pounds or more. SECTION 3. Section 8.08.050 is amended to read as follows: 8.08.050 Animal Shelter. "Animal shelter" means a place where animals impounded by the Department are placed for their humane care and keeping. SECTION 4. Section 8.08.060 Is amended to read as follows: 8.08.060 Approved Rabies Vaccine. "Approved rabies vaccine" means a rabies vaccine which is approved for use by the State of California Department of Public Health. SECTION 5. Section 8.08.070 is repealed In its entirety. 1 SECTION 6. Section 8.080.075 is added to read as follows: 8.080.075 Business Days. "Business days" are all days other than Sunday and legal holidays. --. 1 _..1.. _..__ SECTION 7. Section 8.08.145 Is amended to read as follows: 8.08.145 Stables. "Stables" means any property, premises, building or structure maintained for the lodging, feeding, or rental of horses and cattle. SECTIONS. Section 8.08.170 is amended to read as follows: 8.08.170 Livestock. "Livestock" includes but is not limited to the following: any pig, pygmy pig, hog, cow, bull, steer, horse, mule, jack, jenny, hinny, sheep, goat, llama, domestic fowl or rabbit. SECTION 9. Section 8.08.175 is added to read as follows: 8.08.175 Nonprofit Humane Organization. "Nonprofit humane organization" is a bona fide charity in good standing under the provisions of Section 501(c)(3) of the Internal Revenue Code. SECTION 10. Section 8.08.230 is amended to read as follows: 8.08.230 Unlicensed Dog or Cat. "Unlicensed dog" or cat means any dog or cat for which the license for the current year has not been paid, or to which the tag for the current year, provided for in this Division 1, is not attached. SECTION 11. Section 8.08.250 is amended to read as follows: 8.08.250 Wild Animal "Wild animal" is any nondomestic, exotic or dangerous animal, including but not limited to the following: wild animal/dog hybrids and other mammals, wildfowl, fish and reptiles. SECTION 12. Section 8.12.075 is added to read as follows: 8.12.075 Incentive Programs. The Director at his or her discretion, may offer incentive programs to encourage compliance with the dog and cat licensing requirements. _N SECTION 13. Section 8.12.100 is amended to read as follows: 8.12.100 Animals Kept In Animal Shelters. The Director shall place animals taken into custody in the County animal shelters, which, for the purposes of this ordinance shall be designated as City animal shelters or appropriate facilities. SECTION 14. Section 8.12.111 is amended to read as follows: 8.12.111 Traps for Cats and Dogs — Rental Conditions. The Director may permit members of the public to borrow animal traps to be used for the purpose of catching animals on their property. The Director may collect a fee for the use of all animal traps as provided in Section 8.90.010. If the trap is lost or damaged beyond repair, the Director shall collect the actual cost of the trap for its replacement. SECTION 15. Section 8.12.120 is amended to read as follows: 8.12.120 Removing Animals from Custody — Requirements. A person shall not remove any animal from the custody of the Director, nor shall any person remove any animal from a City animal shelter, vehicle or trailer without first paying the necessary fees as set forth in this Division 1 or without receiving permission from the Director to do so. SECTION 16. Section 8.12.140 is amended to read as follows: 8.12.140 Dead Animals — Pick Up from Businesses or Other Facilities. For each pickup or receiving of dead animals from any animal -related business, such as a pet hospital, humane society, kennel, stable or veterinary establishment, or any commercial, industrial, educational, medical, or other facility that deals with animals in connection with its operation, the Director shall collect the fees as set forth in Section 8.90.010. SECTION 17. Section 8.12.150 is amended to read as follows: 8.12.150 Tranquilizer Gun Equipment—Use Authorized When. The Director, may designate supervisory and selected animal authorized to transport and operate tranquilizer gun equipment for use animais. control officers who will be in the capture and seizure of SECTION 18. Section 8.12.180 is amended to read as follows: 8.12.180 Unlicensed or Unvaccinated Dogs or Cats — Right of Entry for Enforcement. For the purpose of discharging the duties imposed upon him by this Division 1, the Director, in order to enforce the provisions hereof to take up and impound any unlicensed or unvaccinated dog or cat, may enter any real property upon which any dog or cat is kept or harbored or upon which he has reason to believe any dog or cat is kept or harbored and demand the exhibition by the person owning or having charge or control of any such dog or cat, of the dog or cat, the required rabies vaccination certificate, and the license or license tag for such dog or cat for the current year provided for by this Division 1. This section does not permit any person to enter any private dwelling, except where necessary to rescue an animal. SECTION 19. Section 8.12.190 is amended to read as follows: 8.12.190 Refusing to Show License or Certificate Unlawful. Any person upon whom any demand is made under authority of this Division 1 for the exhibition of any dog or cat, rabies vaccination certificate, or any dog or cat license or tag, who fails or refuses to exhibit the same if he has it in his possessionjs guilty of a violation of this Division 1, which shall be punishable as herein provided. SECTION 20. Section 8.16.030 is amended to read as follows: 8.16.030 Personnel — Recruitment and Compensation. A. The Director of the Department of Animal Care and Control shall have the responsibility for the selection and assignment of personnel under this volunteer program. All personnel within this program may be recruited from citizens and other lawful residents with a general concern for the humane treatment of animals, who support the mission and philosophy of the department. B. All positions within this volunteer program shall be on a volunteer and unpaid basis, and their status as employees shall be governed by the salary ordinance set out as Title 6 of the Los Angeles County Code, [which, for the purposes of this ordinance only is hereby adopted and incorporated herein by reference], under the heading of Volunteer Worker, W/O Comp. 4 SECTION 21. Section 8.16.040 is amended to read as follows: 8.16.040 Tenure of Personnel. ' The personnel within this volunteer program shall serve at the pleasure of the Director of the Department of Animal Care and Control and may be terminated at any time for any reason. SECTION 22. Section 8.16.060 is amended to read as follows: 8.16.060 Duties. A. All volunteers participating in this volunteer program shall be responsible to and take direction from the Director and such of his deputies as he shall authorize. B. The duties of the volunteers consist of the following: 1.— To assist the department in reuniting lost pets with their rightful owners through the use of lost -and -found newspaper ads, stray animal lists of each center, telephone calls regarding lost -and -found animals received by animal control personnel, and information sheets of other shelters and other possible means of locating lost pets; 2. To assist the department in escorting elementary school classes, civic groups, and 4- H Clubs through the animal control centers; 3. To assist the Department of Animal Care and Control in promoting the low-cost spay and neuter clinics; and 4. To assist in promoting the adoption of animals from the Department of Animal Care and Control centers. C. In addition to the duties designated in subsection B of this section, each volunteer shall have such additional duties as the Director shall prescribe. SECTION 23. Section 8.20.010 is amended to read as follows: 8.20.010 License Tags — Issuance — Fee. Pursuant to Chapter .3 (commencing with Section 30801) of Division 14 of the Food and Agricultural Code, the Director shall issue serially numbered permanent dog license tags marked with the name of the County of Los Angeles. SECTION 24. Section 8.20.011 is amended to read as follows: 8.20.011 License — Issuance by Veterinarians and Other Qualified Unincorporated Areas of the County — Conditions The Director may authorize the issuance of dog licenses, as required by Section persons practicing veterinary medicine in the City of Santa Clarita, of Persons in 8.20.010, by by other persons approved by the Director who meet the qualifications established by the department. Said persons shall transmit records and negotiable papers to the Department of Animal Care and Control at intervals as established by the Director, and shall collect and transmit to the Director the fees required by this chapter for the. issuance of such licenses. The Director may reimburse these businesses for such fees. SECTION 25. Section 8.20.040 is amended to read as follows: 8.20.040. Kennel Dogs and Cats—Individual License Required When. An individual dog license shall be obtained for each dog in addition to a kennel license when such dog is not kept exclusively in a kennel run or cage. No individual license shall be required for any dog or cat in transit, or when attending a dog or cat show in the care of a kennel representative. SECTION 26. Section 8.20.160 is amended to read as follows: 8.20.160 License and License Tag — Transfer Permitted When — Fee. If, during a license period, a dog or cat is sold or title to the dog or cat is otherwise transferred to a new owner, such new owner may apply to the Director for a transfer of such dog's or cat's tag and license and pay a transfer fee of $5.00. Upon receipt of such application and fee, the Director shall record the name and address of the new owner. SECTION 27. Section 8.20.180 is amended to read as follows: 8.20.180 Tag to Be Worn by Dog or Cat. A license tag for an individual dog or cat shall be securely affixed to a collar, harness or other device which shall at all times be worn by such dog or cat except while such dog or cat remains indoors or in any enclosed yard or pen. Alternatively, a cat may wear any form of identification approved under Chapter 8.90. SECTION 28. Section 8.20.190 is amended to read as follows: 8.20.190 Keeping Unlicensed Dogs or Cats Prohibited. A person, shall not harbor or keep, or cause or permit to be harbored or kept, any unlicensed dog or cat in the City of Santa Clarita. SECTION 29. Section 8.20.210 is amended to read as follows: 8.20.210 Removing Tag from Collar Prohibited — Exception. An unauthorized person shall not remove from any dog or cat any collar or harness or other device to which is attached a license tag, or remove such tag or other identification therefrom. SECTION 30. Section 8.20.260 is repealed in its entirety. SECTION 31. Section 8.20.262 is amended to read as follows: 8.20.262 County Assistance to Low -Cost Vaccination Clinics. The Director may direct department personnel to provide or assist at low-cost vaccination clinics operated by veterinary associations. The Director may charge for the services of personnel at low-cost vaccination clinics operated by veterinary associations. This charge shall not include the time actually spent in the issuance of licenses. Rates shall be those established by the auditor -controller. SECTION 32. Section 8.28.060 is amended to read as follows: r8.28.060 License — Required for Certain Activities = Certain Animals Exempt. A. No person shall, within the City of Santa Clarita, without first obtaining a license i therefor, conduct or operate any dog kennel, cat kennel, pet shop, grooming parlor, animal menagerie, or animal dealership, or keep any wild animal, except that a wild animal license is not required for: 1. Canaries; 2. Chinchillas; 3. Chipmunks; 4. Finches; 5. Gopher snakes; 6. Guinea pigs; 7. Hamsters; 8. Hawks; 9. King snakes; 10. Marmoset monkeys; 11. Mynah birds; 12. Parrots, parakeets, amazons, cockatiels, cockatoos, lorries, lorikeets, love birds, macaws, and similar birds of the psittacine family; 13. Pigeons; 14. Ravens; 15. Squirrel monkeys; 16.. Steppe legal eagles; r-, 17. Toucans; ..-N 18. Turtles; 19. White doves: 20. Tropical fish excluding caribe 21. White mice and rats. B. Notwithstanding any other provision of this Division 1, the Director shall waive the requirement of a cat or dog kennel license when an animal permit has been obtained pursuant to Ordinance 1494, the Zoning Ordinance, permitting the keeping or maintaining of four or more cats or dogs as pets or for personal use. SECTION 33. Section 8.32.020 is amended to read as follows: 8.32.020 Attack Dogs — Fenced or Walled Premises Required When. Notwithstanding the provisions of Section 8.32.010, no person owning or having charge, care, custody, or control of any dog which has been trained to attack persons or animals, or an attack dog that behaves in a threatening or menacing manner, shall, within the City, cause, permit or allow the same to be or run at large upon any private property or premises, including those of the person owning or having charge, care or custody of such dog, except within such portion of such property or premises which are enclosed by a strucbire, fence or wall not less than five feet in height. The fence, wall or structure shall conform to requirements of applicable provisions of the Santa Clarita Municipal Code. SECTION 34. Section 8.36.060 is amended to read as follows: , 836.060 Animals Delivered to Shelter. The Director shall deliver to an animal shelter operated by the department those animals picked up by the Department in accordance with this Division 1. SECTION 35. Section 836.090 is amended to read as follows: 836.090 Impounded Dogs and Cats — Notice to Owner Required When. When any dog or cat wearing a current, valid license tag issued by the City of Santa Clarita, or any municipality within the County of Los Angeles is impounded pursuant to this Division 1, the Director shall, within 48 hours, excluding week -ends and holidays, after receiving such dog or cat, notify either by telephone or letter, with postage fully prepaid thereon, the person to whom the current license for such dog or cat was issued, of the whereabouts of such dog or cat. 8 SECTION 36, Section 8.36.100 is amended to read as follows: 8.36.100 Impounded Dogs or Cats — Failure to Give Notice — Charging Fee Prohibited When. If the Director does not comply with Section 8.36.090, he shall charge no fee of any kind for any board or care of such dog or cat, until such time as the required notice is given. SECTION 37. Section 836.120 Is amended to read as follows: 836.120 Impounded Dogs and Cats Wearing Current, Valid License Tag — Destruction or other Disposition Conditions. Dogs and cats wearing a current, valid license tag, issued by the City of Santa Clarita, County of Los Angeles or any municipality within the County of Los Angeles, impounded pursuant to this Division 1, shall not be destroyed or otherwise disposed of unless: A. The person to whom the current license for such dog or cat was issued directs; or B. Six business days have elapsed since such person was notified of the whereabouts of his dog or cat by telephone; or C. Six business days have elapsed since a letter, postage fully prepaid, addressed to such person at his last known address and informing such person of the whereabouts of his dog or cat, has been deposited in the United States mail. Notwithstanding the foregoing, a dog or cat which is irremediably suffering from a serious illness or severe injury shall not be held for owner redemption or for adoption. Any stray animal that is impounded pursuant to this Division 1, shall, prior to the killing of the animal for any reason other than irremediable suffering, be released to a nonprofit humane organization, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled killing of the animal. In addition to the required spay or neuter deposit, the Department may assess the standard adoption fee for animals released. SECTION 38. Section 836.140 Is repealed In its entirety. SECTION 39. Section 836.190 is amended to read as follows: 836.190 Impounding Fees — Costs of Veterinarian's Care Authorized. A. The Director may employ a private veterinarian whenever he deems it necessary in order to properly care for and maintain any animal pursuant to Section 597 (f) of the California Penal Code, ; and the cost thereof shall be a P9 charge not to exceed the amount of $50.00 per treatment unless an additional amount is approved by the Director. B. When a veterinarian's fee has been paid or incurred for the care or treatment of any animal, such animal shall not thereafter be redeemed without payment by the owner of such fee, in addition to any and all other fees, including vaccine, so as to reimburse the department for its cost for veterinarian service for such animal. SECTION 40. Section 8.36.210 is amended to read as follows: 836.210 Dogs -Release Conditions. The Director shall not release any dog which has been redeemed by the owner unless such dog does not have rabies, and: A. TILe owner exhibits a certificate signed by a veterinarian licensed either by the State of California or by any other state to practice veterinary medicine that: 1. Such dog has been vaccinated with approved rabies vaccine within a period of not more than 12 months after the dog's initial vaccination if the dog was between four months and one year in age at the time of such initial vaccination; or 2. Such dog has been vaccinated with approved vaccine within the past 36 months; or 3. Such dog should not be vaccinated with rabies vaccine because such vaccination would jeopardize the health of such dog due to infirmity or other disability, which infirmity or disability and the estimated date of termination is shown on the face of the certificate; or 4. A Department veterinarian has so vaccinated such dog within the times specified in subsection A of this section. SECTION 41. Section 836.220 is added to read as follows: 836.220 Dogs — Nonpayment Of Impound Fees and Charges — Abandonment. The refusal or failure of the owner of any impounded dog to pay the fee and charges after due notification shall be held to be an abandonment of the dog by the owner. SECTION 42. Section 836.240 is amended to read as follows: 8.36.240 Purchase of Animals Without Current, Valid Tag — Waiver of Liability for Unhealthy Animals. 1 Notwithstanding any other section of this Division 1, any diseased, ill, unwell or unhealthy animal may be purchased not less than four business days after 10 F _. impoundment, at the discretion of the Director, provided the purchaser signs a waiver of Uability as to any existing disease, illness, or injury. i SECTION 43. Section 836.245 is added to read as follows: 836.245 Animal Not Suitable for Placement. The Director may declare an individual animal not suitable for placement which demonstrates aggressive behavior, prior history of such behavior, or is irremediably suffering from a serious illness or severe injury. SECTION 44. Section 836.260 is amended to read as follows: 836.260 Dogs and Cats — Vaccination Authorized When. . If the Director finds that any dog or cat impounded in an animal shelter probably can be sold, or that in order to protect the public health such dog or cat should be vaccinated, he may order the vaccination of such dog or cat with an approved rabies vaccine. SECTION 45. Section 836.270 is amended to read as follows: 8.36.270 Examination for Rabies Authorized When. If the Director suspects that any animal impounded has rabies, he shall hold such animal for inspection by, and shall notify, the Director of Health Services. The Director of Health Services shall examine such animal, and if he believes such animal should be held for further observation, he shall so inform the Director, who shall hold such animal as directed. SECTION 46. Section 836.280 is amended to read as follows: 836.280 Release When No Rabies Found. If the Director of Health Services finds that such animal examined under Section 8.36.270 does not have rabies, the Director shall release it or dispose of it as provided in this Division 1. 11 SECTION 47. Section 836.290 is amended to read as follows: 8.36.290 Confinement When Rabies Found. If the Director of Health Services finds that such animal examined under Section 8.36270 is afflicted with rabies, the Director shall confine it as directed by the Director of Health Services. SECTION 48. Section 836300 is amended to read as follows: 836.300 Examination of Animals Suspected of Rabies — Limitation on Acts Authorized. Nothing in Sections 8.36.270, 8.36.280 or 8.36.290, or any other portion of this Division 1 shall be construed to either authorize or require any person, other than a person having a California State Veterinary License, to practice veterinary medicine or to do any act in violation of the Business and Professions Code. SECTION 49. Section 836.310 is amended to read as follows: 8.36310 Destruction or Other Disposition — Animals Running at Large or Maintained Illegally. Not less than four business days after taldng up and impounding any animal found running at large without a current, valid identification issued by the Department or other municipality in the County of Los Angeles, or which is otherwise being maintained contrary to the provisions of this Division 1, unless it sooner be redeemed by its owner, or is not suitable for adoption pursuant to Section 8.36.240 of this Code, the Director may destroy, or sell or give such animal to any entity, unless the disposition of such animal is covered by some other section of this Division 1. SECTION 50. Section 836330 is repealed in its entirety. SECTION 51. Section 836390 is repealed In its entirety. SECTION 52. Section 8.40.010 is amended to read as follows: 8.40.010 Animal Care — Requirements for Owners and Animal Establishments. Every person within the City of Santa Clarita who owns any animal or who owns, conducts, manages or operates any animal establishment for which a license is required by this Division 1, shall comply with each of the following . conditions: 12 A. Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals. B. All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require. C. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition. D. All animals shall be so maintained as to eliminate excessive and nighttime noise. E. No animals shall be without attention more than 12 consecutive hours. Whenever an animal is left unattended at a commercial animal facility, the telephone number of the Department of Animal Care and Control, or the name, address and telephone number of the responsible person, shall be posted in a conspicuous place at the front of the property. F. Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means. G. No condition shall be maintained or permitted that is or could be injurious to the animals. H. Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public. Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals. Sick animals shall at all times be isolated from the other animals. J. Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation. K. Such person shall take any animal'to a veterinarian for examination or treatment, if the Director finds this is necessary in order to maintain the health of the animal and orders the owner or custodian to do so. L. All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein. M. Every violation of an applicable regulation shall be corrected within a reasonable time to be specified by the Director. N. Such person shall provide proper shelter and protection from the weather at all times. O. Such person shall not give an animal any alcoholic beverage, unless prescribed by a veterinarian. P. Such person shall not allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together, or so near each other as to cause injury, fear or torment. If two or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others, such animals shall be deemed not to be natural enemies. 13 Q. Such person shall not allow the use of any tack, equipment, device, substance or material that is or could be, injurious or cause unnecessary cruelty to any animal. R Such person shall give working animals proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions. S. Such person shall not work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit. T. Such person shall not allow any animal which the Department has suspended from use to be worked or used until released by the Department. U. Such person shall not display animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition. V. Such person shall not display any animal whose appearance is or may be offensive or contrary to public decency. W. Such person shall not allow any animal to constitute or cause a hazard, or be a menace to the,health, peace or safety of the community. X. Such person shall not violate any condition imposed by the Director on any license issued by the Department. SECTION 53. Section 8.40.016 is added to read as follows: 8.40.016 Sale of Animals on Shelter Property. No person shall sell, barter, give away or accept animals on shelter property unless authorized by the Director. SECTION 54. Section 8.40.065 is amended to read as follows: 8.40.065 Public Nuisance. A. Any animal (or animals) which molests passersby or passing vehicles, attacks other animals, trespasses on school grounds, is repeatedly at large, damages and/or trespasses on private or public property, barks, whines or howls in a continuous or untimely fashion shall be considered a public nuisance. B. Every person who maintains, permits or allows a public nuisance to exist upon his or her property or premises, and every person occupying or leasing the property or premises of another and who maintains, permits or allows a public nuisance as described above to exist thereon, after reasonable notice in writing from the Department of Animal Care and Control has been served upon such person to cease such nuisance, is guilty of a misdemeanor. The existence of such nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense. SECTION 55. Section 8.44.010 is repealed in its entirety. 14 SECTION 56. Section 8.44.020 is repealed in its entirety. SECTION 57. Section 8.44.030 is repealed in its entirety. 0 15