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:
"Animals"
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.
"Boarding kennel"
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.
"Commercial kennel"
means any dog kennel in which dogs are kept for commercial reasons, for sale or for commercial breeding.
"Dog kennel"
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.
"Household pets"
means and includes cats, dogs, canaries, parrots and other kindred animals and birds usually and ordinarily kept as household pets.
"Noncommercial kennel"
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.
"Pet shop"
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.
"Poultry"
means and includes pigeons, ducks, geese, turkeys, chickens, and all other domestic or domesticated fowl other than household pets.
"Poundmaster"
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:
(1) 
Dismiss the charges and reinstate the permit; or
(2) 
Reinstate the permit conditioned upon correction of the violation; or
(3) 
Revoke the permit.
(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:
(1) 
Dismiss the charges; or
(2) 
Establish a correction schedule; or
(3) 
Revoke the permit.
(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.
(c) 
Upon notification of a violation of subsection (a), the animal owner(s) must immediately confine the animal to an enclosure or location which mitigates the aggressive and menacing behavior.
(d) 
For the purposes of this section, the following definitions apply:
"Aggressive animal"
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.
"Menacing animal"
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.
"Severe bodily injury"
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)