For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any live, vertebrate creature, domestic or wild.
Any facility operated by humane society or municipal agency,
or its authorized agents for the purpose of impounding or caring for
animals held under the authority of this ordinance or state law.
An animal off the premises of its owner and not under restraint
by leash.
Any place or facility where animals are regularly bought,
sold, or traded except for those facilities defined in this ordinance.
Any pet, grooming shop, auction, riding school or stable,
animal exhibition or kennel.
Any dog, except one assisting a peace officer engaged in
law enforcement duties, which demonstrates any of the following behavior,
is presumed dangerous.
An attack which requires a defensive action by any person to
prevent bodily injury or property damage when such person is conducting
himself or herself peacefully and lawfully.
An attack which results in property damage or in an injury to
a person when such a person is conducting himself or herself peacefully
and lawfully.
An attack on another animal, livestock, or poultry which occurs
on property other than that of the owner of the attacking dog.
Any behavior which constitutes a threat of bodily harm to a
person when such person is conducting himself or herself peacefully
and lawfully.
|
For the purpose of this section, a person is conducting himself
or herself peacefully and lawfully upon the private property of an
owner or possessor of the dog when he or she is on such property in
the performance of any duty imposed on such person by state or local
law or by the laws of postage regulations of the United States, or
when he or she is on such property upon invitation, either expressed
or implied.
|
A history of three dog bites to human beings not members of
the immediate family of the owner of the dog.
A license tag required to be obtained annually for each individual
dog.
A commercial establishment where animals are bathed, clipped,
plucked, or otherwise groomed.
The taking up and confining of an animal by the direction
in the manner consistent with recognized standards of humane treatment.
A place where four or more dogs of four months of age or
older are kept or any premises wherein any person or persons engage
in the business of boarding, breeding, buying, letting for hire, training
for a fee, or selling of dogs or cats.
Any domesticated cattle, goats, swine, sheep, and equine
which are kept in captivity or under the control or ownership of any
person for any purpose.
Any person who possesses, has title to or an interest in,
harbors or has control, custody or possession of an animal and the
verb forms of "to own" include all these shades of meanings. An animal
shall be deemed to be harbored if it is fed or sheltered for five
consecutive days or more.
The strict confinement of an animal upon the premises of
the owner or the Oakdale City Animal Shelter or elsewhere as approved
by the chief of police or animal control officer.
Any shop, partnership, or corporation, whether operated separately
or in connection with another business enterprise except for a licensed
kennel, that buys, sells, or boards any species of animals, reptiles
or fish.
Any animal or animals which:
Attacks any person, passing bicycle, motorcycle or vehicle.
Attacks other animals.
Trespasses on school grounds.
Is repeatedly at large.
Damages private or public property.
Barks, whines, or howls in an excessive or continuous manner.
Defecates on private property (other than the property of the
animal owner), sidewalks, street, alleyway, or in any public park,
or other public place.
Any place which has available for hire, boarding, and/or
riding instructions, any horse, pony, mule or burro.
Any rifle/pistol used to immobilize any animal, with a substance
approved by the Federal Drug Administration.
The inoculation of an animal against rabies with vaccine
approved by, and in the manner prescribed by, the State Department
of Public Health.
Any of the following:
Following members of the Class Mammalia:
Order Carnivora, expressly excepting the domestic dog (Canis
familiaris) and the domestic cat (Felis catus), but including, but
not limited to, the family Felidea (such as ocelots, margays, tigers,
jaguars, leopards and cougars), the family Canidae (such as wolves,
wolf hybrids, dingos, coyotes and jackals); and
Order Marsupialia (such as kangaroos and opossums); and
Order Chiroptera (bats); and
Order Edentata (such as sloths, anteaters and armadillos); and
Order Proboscidea (elephants); and
Order Primata (including, but not limited to, monkeys, chimpanzees
and gorillas); and
Order Ungulata (expressly excluding any animal which would be
included within the definition of "domestic animal," camels and llamas),
including, but not limited to, antelope, deer and bison.
Any nondomestic species when kept, maintained or harbored in
such numbers or in such a manner as to constitute the likelihood of
danger to the animals themselves, to human beings or to the property
of human beings.
[Ord. No. 1000, § 1.]
[Ord. No. 1000, § 1.]
The provisions of this article relating to licensing requirements
shall not apply to any dog owned by or in charge of any person who
is not a resident of the City and who is traveling through the City,
or temporarily staying therein, for a period not to exceed thirty
days, if the dog is not permitted to run at large; nor to any dog
brought into the City and kept therein for not to exceed thirty days
for the exclusive purpose of entering the dog in any dog show, dog
exhibition, field trials or competition, if the dog is not permitted
to run at large; nor to any dog brought or sent into the City from
any point outside thereof for the exclusive purpose of receiving veterinary
care in any dog hospital, if the dog is not permitted to run at large;
nor to any dog trained to lead the blind and owned by a blind person,
if the dog is not permitted to run at large.
(a)
Dog license required. Every person who owns, controls, harbors, possesses or keeps in the City any dog, shall obtain a dog license with the director of finance. The City of Oakdale may provide for the issuance of serially numbered metallic dog licenses pursuant to this section. Said license fee shall be first due when the animal reaches four months of age and before it attains five months or within thirty days after the dog is acquired, and due on the anniversary date of the original purchase date each year thereafter. New residents shall have thirty days in which to acquire such license. Persons renewing their license shall have thirty days following their due date before being delinquent and having to pay a late penalty. The fee and penalties for such license shall be set forth in § 4-7(b) OCC.
(1)
In addition to the authority provided in Subsection (a), a license
may be issued, as provided by this section, by the City Council for
a period not to exceed three years for dogs that have attained the
age of twelve months, or older, and who have been vaccinated against
rabies.
The person to whom the license is to be issued pursuant to this
section may choose a license period as established by the City Council
of up to one, two or three years. However, when issuing a license
pursuant to this subdivision, the license period shall not extend
beyond the remaining period of validity for the current rabies vaccination.
The fee for such license shall be set forth from time to time by resolution
of the City Council.
A license shall be obtained, but no license fee shall be payable
for the licensing of any dog which is trained for guide or hearing
purposes by a resident of the City, or any dog currently being used
by a local law enforcement agency for the purposes of crime prevention
or control.
The fee paid for a dog license is not refundable.
(b)
Fees and penalties. The annual license fee for keeping the dog within
the City shall be set from time to time by resolution of the City
Council. Any dog owner who fails to procure such dog license shall,
in addition to any other penalty provided in this Code be subject
to a penalty of ten dollars and shall be collected herewith.
(c)
Disposition of revenue. Funds collected for dog licenses under this chapter shall be available for the payment of expenditures in accordance with the provisions of Division 3, Chapter 3, Sections 1900 to 2000, of the California Health and Safety Code and Chapter 4, Subchapter 1, Sections 2604 and 2060.6, of the California Administrative Code, Title 17, Public Health.
[Ord. No. 1000, § 1; Ord. No. 1045, § 2.]
[Ord. No. 1000, § 1.]
No dog license issued under the provisions of this article shall
be transferable.
[Ord. No. 1000, § 1.]
The owner of a dog obtaining a dog license shall attach the
license tag to the collar, harness or other device of the dog for
which the license was obtained and keep the license on such dog at
all times while such license is in force. In the event that any dog
license shall have been lost or destroyed, the owner of such dog shall
immediately apply for and procure, from the finance director of the
City, a duplicate license for such dog. A fee as set from time to
time by the Oakdale City Council shall be charged for such duplicate
license.
[Ord. No. 1000, § 1.]
The owner of any dog kept or harbored in the City shall upon
the request of any police officer of the City exhibit to him the license
of such dog. The police officers are each authorized and directed,
in order to carry out the provisions of this article and of the laws
of this state insofar as they are applicable to such police officers,
to enter upon any premises upon which any dog is kept or harbored
or upon which the police officers have reason to believe any dog is
kept or harbored, and to demand the exhibition to any such officer
by the person owning, harboring, keeping or having charge or control
of any such dog, of any dog license provided for by this article for
the current year.
[Ord. No. 1000, § 1.]
It shall be unlawful for any person to imitate or counterfeit
the dog license provided for in this article or to have in his possession
in the City any imitation or counterfeit dog license.
(a)
The City clerk is hereby authorized and directed to procure the necessary
supplies required for the administration of the duties assigned to
him by the provisions of this article and by the provisions of the
Agricultural Code of the State of California, including application
blanks, serially numbered dog licenses to be issued to the owner or
owners of the dogs, and to issue the same to such owners in accordance
with the provisions of this article and of sections of the Agricultural
Code, upon the payment to him of the fees or penalties fixed by this
article; provided, that before the City clerk shall issue any license,
he shall require a certificate from a doctor of veterinary medicine,
certifying that the dog for which a license is applied has been vaccinated
with an approved rabies vaccine.
(b)
Dog vaccination required. Every person owning or harboring a dog
four months of age or older, for fifteen days or more, shall have
such dog vaccinated against rabies by a licensed veterinarian with
a vaccine approved by the California Department of Health, unless
such dog is currently vaccinated. By obtaining an anti-rabies deferment
from a licensed veterinarian, upon approval of the health officer,
dogs that are ill may be given temporary deferment from rabies vaccination.
Old age of the dog, however, shall not be a basis for such deferment.
Such a deferred dog shall be vaccinated within fifteen days from the
conclusion of the deferment period.
(c)
Proof of vaccination. No person who owns or harbors any dog shall
fail or refuse to exhibit his copy of the rabies vaccination form,
anti-rabies inoculation deferment form, or health certificate upon
demand by any person charged with the enforcement of this chapter.
[Ord. No. 1000, § 1.]
It shall be the duty of all animal control officers and all
police officers of the City to take up and impound any dog found running
at large in the City in violation of the provisions of this article
or sections of the Agricultural Code of the state.
If the owner of any dog so impounded is unknown, such dog will
be cared for at the City Animal Shelter for a period of seventy-two
hours, and shall upon the expiration of such time, if not claimed
by its owner, the dog shall be humanely destroyed by the animal control
department. If the owner of any such dog so impounded is known such
dog shall not be destroyed until actual written notice shall have
been given to such owner and such owner has failed or refused for
five days thereafter, to pay all fees, penalties and charges due under
the provisions of this article. The notice required by this section
may be served either:
(a)
By delivery of a copy to the owner of the dog personally;
(b)
If he is absent from his usual place of residence or from his usual
place of business, by leaving a copy with some person of suitable
age and discretion at either place and sending a copy through the
mail, addressed to the owner of the dog at his place of residence.
(c)
If such place of residence or business cannot be ascertained, or
a person of suitable age and discretion cannot be there found, then
by sending a copy of the notice through the mail addressed to the
owner of the dog at the last known address of the owner.
In lieu of destroying any dog, such dog may be adopted by any
person other than the owner, or member of the owner's immediate
household who will pay the director of finance a fee, to be set from
time to time by resolution of the City Council, plus the license fee
or a license deposit. In the event a dog is adopted without rabies
vaccination, a license will be issued upon receipt by the director
of finance of the proper certificate of rabies vaccination.
[Ord. No. 1000, § 1.]
(a)
Any animal taken up and impounded under the terms of this article may be redeemed by the owner thereof within the period specified in § 4-13, or while the dog is at the City Animal Shelter upon the payment of the license fees and penalty, if any, due under this article to the City, and upon the payment to the director of finance the following necessary costs of impounding and keeping the animal:
(b)
Any citizen adopting an animal from a City pound or animal shelter
shall pay to the City a deposit guaranteeing that said animal will
be spayed or neutered, and a further deposit to ensure said animal
will receive a rabies vaccination. The deposit shall be refundable
to the person making the deposit upon presentation to the City of
satisfactory proof showing that the spaying/neutering or vaccinating
has been completed. The fees shall be set from time to time by resolution
of the City Council.
[Ord. No. 1000, § 1.]
(a)
It shall be unlawful for the owner or any person having charge, care,
custody or control of any dog, whether licensed or unlicensed, to
suffer, permit or allow the dog to run at large on any public street,
alley, or place, or private property held open to the use of the public
for parking purposes in the City at any time.
(b)
Every person owning or having charge, care, custody or control of
any dog shall keep such dog exclusively upon his own premises; provided,
that such dog may be off such premises if it is under the control
of a competent person and restrained by a substantial chain or leash
not exceeding six feet in length.
(c)
It shall be unlawful for the owner or any person having charge, care,
custody or control of any dog, whether licensed or unlicensed, to
allow said dog to remain upon the open bed or area of any truck, trailer
or vehicle, without being restrained by a substantial chain or leash
that prevents said dog from expending any part of its body past the
edge of the bed or open area of such truck, trailer or vehicle. This
requirement shall not apply if a dog is confined within the body or
cab of a truck, trailer, or vehicle provided such dog cannot attack,
bite, scratch or paw passersby.
(d)
No owner or custodian of any dog shall maintain such dog on private
property unless the property is fenced in such a manner as to restrain
the dog or the dog is secured within a structure, or the dog is restrained
by means of a leash.
(e)
Each day a separate offense. Every person violating any provision
of this title shall be deemed guilty of a separate offense for each
day, or portion thereof, during which such violation continues.
(f)
Female dogs in season to be confined. Every person owning or having
charge of any female dog shall strictly confine such animal during
its breeding season (i.e., while it is in heat) in a building or other
enclosure adequate to keep such dog confined.
[Ord. No. 1000, § 1.]
(a)
In the event that any dog shall bite any person within the City,
it shall be the duty of the owner of the dog to deliver such dog at
once to the City Animal Shelter or some authorized veterinarian who
shall keep and impound such dog for a period of ten days, and in the
event that such dog shall be impounded at the City Animal Shelter,
the finance director of the City shall be entitled to collect for
keeping, feeding, and caring for such dog a fee, which shall be set
from time to time by resolution of the City Council.
(b)
Duty to report. Any person having knowledge of the location of an
animal suspected of having rabies, or of any person having been bitten
or scratched by a warm-blooded mammal, or of any signs of disease
or unusual behavior in any animal under quarantine, shall immediately
report such facts to the health officer or director of animal control.
[Ord. No. 1000, § 1.]
