A public pound is authorized and established, and it and any
of its branches shall be located at such place as shall be fixed from
time to time by the City Council. The public pound, and any of its
branches, shall be provided with suitable buildings and enclosures
to adequately keep and safely hold all dogs, cats, or household pets
subject to be impounded by the provisions of this chapter.
(Ord. 33 § 4-1.101, 1980)
The City Council may contract with the County for the performance
of such animal control services as may be desired to implement, enforce
or execute the provisions of this chapter. In the event such contract
is entered into, then the authority, duties, obligations and responsibilities
assigned in this chapter to the Animal Control Officer, as defined
or limited by such contract, shall become the authority, duties, obligations
and responsibilities of the Director of the Department of Animal Regulation
of the County.
(Ord. 33 § 4-1.102, 1980)
The provisions of Section 4-1.101 notwithstanding, the Chief of Police shall be responsible for and shall have authority to exercise the duties, obligations and responsibility for all provisions of this chapter not otherwise provided for by contract executed under Section 4-1.102.
(Ord. 33 § 4-1.103, 1980)
There shall be in this City a Chief Animal Control Officer responsible
for the administration of animal control regulations. It shall be
the duty of the Chief Animal Control Officer and duly authorized deputies
and employees to carry out and enforce the provisions of this title
and all applicable statutes of the State and to be in charge of the
public pound. It shall be the duty of the Chief Animal Control Officer
to provide patrols of the City from time to time and without public
notice for the purpose of enforcing the provisions of this chapter.
(Ord. 33 § 4-1.104, 1980)
(a)
The
Chief Animal Control Officer and duly authorized deputies shall have
the power to issue citations pursuant to Chapter 1-4 of this Code.
(b)
Animal
control officers, when acting in the course and scope of their employment,
shall be and are authorized to carry on their person, or in official
vehicles, loaded firearms or weapons of the type approved by the Chief
Animal Control Officer for the limited purpose of use with respect
to rabid or injured animals. Each officer shall qualify under California
Penal Code Section 832 in the use of firearms.
(Ord. 33 § 4-1.105, 1980)
The Chief Animal Control Officer and duly authorized and appointed
deputies, while engaged in the execution of their duties, shall each
wear in plain view a badge having, in the case of the Chief Animal
Control Officer, the words "Chief Animal Control Officer" and in the
case of the Deputy Animal Control Officers, the words "Deputy Animal
Control Officer" engraved thereon. Any person who has not been appointed
as an animal control officer, or whose appointment has been revoked,
who shall represent him or herself to be or shall attempt to act as
an animal control officer shall be guilty of a misdemeanor.
(Ord. 33 § 4-1.106, 1980)
The poundmaster shall keep a written record of the number, description
and disposition of all dogs, cats and household pets impounded, showing
in detail in the case of each, the date of receipt, the date and manner
of disposal, the name of the person reclaiming, redeeming or receiving
such dogs, cats or household pets, the reason for destruction and
such additional records as from time to time may be necessary.
(Ord. 33 § 4-1.107, 1980)
The Chief Animal Control Officer shall make a monthly report
to the City Manager, or as often as may be required, of the actions,
transactions and operations of the public pound.
(Ord. 33 § 4-1.108, 1980)
It is unlawful for any person to keep, maintain, or permit on
any lot or parcel of land, any dogs, cats, or household pets, poultry
or other animal, which by any sound or cry shall disturb the peace
and comfort of the neighborhood.
(Ord. 33 § 4-1.109, 1980)
Whenever it shall be affirmed in writing by three or more persons
living in separate dwelling units in the neighborhood that any dog,
cat, animal, poultry or household pet is a nuisance by reason of howling,
barking, or other noise, or is in any other manner causing undue annoyance,
that shall constitute a public nuisance, the Animal Control Officer,
if he or she finds such public nuisance to exist, shall serve notice
upon the owner or custodian that the public nuisance shall be abated
or the animal shall be impounded in a legal manner. If the nuisance
and annoyance cannot be successfully abated and the Animal Control
Officer determines it necessary to impound such dog, cat, animal,
poultry or household pet, he or she shall not permit the reclaiming
or redemption of the animal to the owner or custodian unless adequate
arrangements have been made by the owner or custodian to ensure abatement
of the annoyance or public nuisance.
(Ord. 33 § 4-1.110, 1980)
It is unlawful for any owner or person who, having had the possession
or control of any animal, dog, cat or household pet while alive, to
place the body of such animal, dog, cat or household pet, after its
death, or cause to permit it to be placed or to knowingly allow or
permit it to remain, in or upon any public road, highway, street,
alley, square, park, school ground or other public place, or in or
upon any lot, premises, or property of another.
(Ord. 33 § 4-1.111, 1980)
It shall be the duty of the Animal Control Officer upon request
of any owner of any dead animal, dog, cat, or household pet which
was kept or maintained in the City immediately prior to its death,
or upon the request of any person or persons discovering a dead animal,
dog, cat, or household pet upon his or her premises or upon any public
road, highway, street, alley, square, park, school ground or other
public place, or in or upon any lot or premises, to forthwith bury
or dispose of such animal, dog, cat, or household pet in such a manner
as may be prescribed by law. The Animal Control Officer may charge
and collect fees for the transportation and disposal of the animal,
dog, cat, or household pet from the owner or person having had the
possession or control of the animal, dog, cat, or household pet if
such owner or person can be ascertained.
(Ord. 33 § 4-1.112, 1980; Ord. 42 § 1, 1981)
For the purposes of this title, the words set forth in this
section shall be defined as follows:
means and includes horses, ponies, mules, jacks, jennies,
cows, bulls, calves, heifers, sheep, goats, swine, rabbits, and all
other domestic or domesticated animals other than household pets.
means any dog kennel in which dogs not owned by the kennel,
or the owner or owners of the kennel, are kept and cared for, and
a fee is charged for such lodging and care.
means any dog kennel in which dogs are kept for commercial
reasons, for sale or for commercial breeding.
means any lot, building, structure, enclosure or premises
whereon or wherein four or more dogs, four months of age or older,
are kept or maintained for any purpose whatsoever; provided, however,
that if other animals or birds or fowl are bought, sold or bartered,
the classification to apply shall be that of a pet shop; and, provided
further, that this definition of "dog kennel" shall not be construed
as applying to a duly licensed veterinary hospital or any public pound.
means and includes cats, dogs, canaries, parrots and other
kindred animals and birds usually and ordinarily kept as household
pets.
means any dog kennel in which four or more dogs are kept for noncommercial reasons, including hunting and herding livestock. The sale of animals from such a kennel shall be limited to one litter per year, and shall be considered an accessory residential use and will not be construed as a commercial use or activity. Each dog in such kennel shall be individually licensed as provided for in Section 4-1.224.
means any lot, building, structure, enclosure or premises
whereon or wherein a business of buying and selling or bartering birds,
animals or fowl is carried on; but this definition shall not be construed
as applying to the buying or selling of livestock, nor to the business
or activities of a duly licensed veterinary hospital, nor to the business
or activities of any public pound.
means and includes pigeons, ducks, geese, turkeys, chickens,
and all other domestic or domesticated fowl other than household pets.
means the Chief Animal Control Officer of the City.
(Ord. 33 § 4-1.113. 1980; Ord. 42 §§ 2, 3, 1981)
It is unlawful for any person, firm, corporation or association to erect, establish or maintain any boarding kennel, commercial kennel, noncommercial kennel, or pet shop as defined in Section 4-1.113, without first obtaining the permit from the Chief Animal Control Officer. The granting of such permit shall be in the discretion of the Chief Animal Control Officer, who shall take into consideration the type of construction to be employed as it relates to sanitation, and the manner in which the animals, birds or fowl are to be housed. Prior to issuing such permit, the Chief Animal Control Officer shall receive the approval of the Planning Director so as to assure compliance with such zoning regulations as may be in effect. The permit shall be for a calendar year, with a permit fee due and payable on January 1st of each year. The amount of said fee shall be set by resolution of the City Council.
(Ord. 33 § 4-1.114, 1980; Ord. 42 § 4, 1981)
It is unlawful for any person, firm, corporation, or association
to erect, establish or maintain any boarding kennel, commercial kennel,
or pet shop, as defined in this title, without first obtaining a license
from the City Tax Administrator. After approval by the Chief Animal
Control Officer of the permit that is required by this chapter, the
Tax Administrator, upon the payment of the required annual license
fee for the privilege of maintaining such dog kennels or pet shops,
shall issue to the applicant a license in such form as he or she may
prescribe. Such license shall be for the calendar year or any part
thereof during which the dog kennel or pet shop shall be maintained,
and shall be due and payable in advance on January 1st of each year;
provided, the abovementioned permit has not been revoked. Every person,
firm, or corporation maintaining a boarding kennel, commercial kennel,
or pet shop shall post a notice in a conspicuous place where it may
be seen outside the locked premises, listing names, addresses and
telephone numbers of persons who may be contacted in the event of
an emergency.
(Ord. 33 § 4-1.115, 1980; Ord. 42 § 5, 1981)
(a)
The
permit for the maintenance and operation of a boarding kennel, commercial
kennel, noncommercial kennel or pet shop shall be refused by the Chief
Animal Control Officer upon a finding that any provisions of any health
law of the State, or any of the applicable provisions of this chapter
have not been complied with.
(b)
A
permit may be immediately suspended by the Chief Animal Control Officer
for violation of any provision of this chapter when, in his or her
opinion, the danger to public health is so imminent, immediate and
threatening as not to admit of delay. In the event of such suspension,
the holder shall be given an opportunity for an office hearing before
an impartial hearing officer within 48 hours of the time of suspension.
Upon conclusion of the office hearing, the hearing officer may decide
to:
(c)
If,
in the opinion of the Chief Animal Control Officer, the danger to
public health is not so imminent, immediate and threatening as to
admit of delay, he or she shall send a notice of violation to the
permittee and seek to achieve compliance informally by means of a
correction schedule and reasonable inspections. If, as a result of
subsequent inspection, it is determined that the permittee has failed
to comply with the schedule and correct the noticed deficiencies,
the Chief Animal Control Officer shall send a notice to the permittee
advising the permittee of the remaining deficiencies and the convening
of an office hearing to determine whether or not the permit should
be revoked. Upon conclusion of the office hearing, the hearing officer
may decide to:
(d)
All
office hearings referred to in this section shall be conducted in
accordance with procedures adopted by the Animal Regulation Department.
The applicant or permittee may call and examine witnesses, introduce
exhibits, question City officials and opposing witnesses on any matter
relevant to the issues, and may rebut evidence against him or her.
The hearing shall not be conducted according to technical rules relating
to procedure, evidence or witnesses. All relevant evidence shall be
admitted. The Chief Animal Control Officer shall insure that an informal
record of the proceedings is maintained.
(e)
Whenever the issuance of a permit is refused, or a permit is revoked and the required office hearing has been held, the applicant or permittee may appeal the action of the Chief Animal Control Officer to the City Manager, within 10 days of the action by the Chief Animal Control Officer. The City Manager shall hear the matter at the earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permittee and to the Chief Animal Control Officer and shall render a decision in writing within 10 days of the hearing. In the event that the applicant or permittee wishes to appeal such decision, he or she shall do so in accordance with the provisions of Sections 1-2.14 through 1-2.17 of this Code.
(Ord. 33 § 4-1.116, 1980; Ord. 42 § 6, 1981)
It is unlawful for any person to resist, hinder, or obstruct
the Chief Animal Control Officer or any of his or her deputies or
employees in the exercise of their duties. Any person who violates
this section is guilty of a misdemeanor.
(Ord. 33 § 4-1.117, 1980)
Any person who, after notice, violates, or who upon the demand
of any Animal Control Officer or Deputy refuses or neglects to conform
to, any rules, order, or regulation prescribed by the Animal Regulation
Department is guilty of an infraction.
(Ord. 33 § 4-1.118, 1980)
It is unlawful for any person or persons to own, harbor or maintain
at any single-family dwelling more than three dogs or cats four months
of age or older.
(Ord. 33 § 4-1.119, 1980)
(a)
No
person shall tie, stake, or pasture, or permit the tying, staking,
or pasturing, of any animal or poultry upon any public or private
property without the consent of the owner or occupant of such property
or in such a way as to permit any such animal to trespass upon any
street or public place or upon such private property. All such animals
shall be provided with adequate food, water, and shelter or protection
from the weather.
(b)
All
fences or enclosures used for the purpose set forth in this section
shall be of such material and maintained in such manner as humane
for the safety and protection of such animals.
(Ord. 33 § 4-1.120, 1980)
(a)
It
is unlawful for any person to keep, harbor, or maintain any aggressive
or menacing animal which threatens, harasses, or intimidates a person
who is peaceably and lawfully upon public or private property, unless
it is contained in an enclosure of a construction adequate to keep
it securely confined and prevent its escape.
(b)
It
is unlawful for any person to permit any animal owned, harbored, or
controlled by him or her to attack and cause severe bodily injury
or death to another domestic or captive animal while off the property
of its owner or keeper.
(d)
"Aggressive animal"
"Menacing animal"
"Severe bodily injury"
For
the purposes of this section, the following definitions apply:
means any animal whose observable behavior causes a person
observing that behavior reasonably to believe that the animal may
attack a person or another animal without provocation. Police or military
service canines being utilized in an official capacity are excluded
from this definition.
means any animal which, through its behavior, causes a person
observing or subject to that behavior to be in reasonable fear for
his or her safety, or the safety of animals kept by him or her. Police
or military service canines being utilized in an official capacity
are excluded from this definition.
means any physical injury which results in deep lacerations
with separation of subcutaneous tissues, muscle tears or lacerations,
fractures or joint dislocations, or permanent impairment of locomotion
or special senses.
(e)
The
violation of this section shall be an infraction. The penalties for
a violation of this section shall be as follows:
(1)
Three hundred fifty dollars for the first violation.
(2)
Seven hundred dollars for the second violation of subsection (a)
or (b) within one year.
(3)
One thousand dollars for each additional violation of subsection
(a) or (b) within one year.
(4)
For the purposes of this section, a first violation of subsection
(a) will be deemed to have occurred if the menacing or aggressive
animal is not confined as required by subsection (c) within 24 hours
of notification; a separate violation of subsection (a) shall be deemed
to exist for each 24 hour period following notification in which an
animal's menacing or aggressive behavior continues unmitigated.
(Ord. 566 § 1, 2013)
