The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the City of Live Oak through disease control of animals as a public nuisance.
(Ord. 474 § 1, 2003)
A.
Authority for this chapter derives from applicable sections of the following California codes: Business and Professions Code, California Code of Regulations, Civil Code, Fish and Game Code, Food and Agricultural Code, Government Code, Health and Safety Code and the Penal Code.
B.
The City Council hereby appoints the Community Services Director of Sutter County who, under its direction, will oversee the administration of the provisions of this chapter and all applicable statutes of the State of California. and shall thereupon have charge of the public animal shelter established in Section 6.04.070. The Community Services Director shall employ Animal Control Officers as needed to carry out the provisions of this chapter, which shall constitute Animal Control Services.
(Ord. 474 § 1, 2003)
Animal Control Officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Penal Code Section 836 and the power to serve warrants as specified in Penal Code Sections 1523 and 1530 during the course of, and within the scope of their employment, after completing a course in the exercise of those powers pursuant to Penal Code Section 832.
(Ord. 474 § 1, 2003)
A.
Animal Control Officers employed in Animal Control Services while engaged in the execution of their duties, shall each wear a uniform as determined by the Community Services Director.
B.
Animal Control Officers employed in Animal Control Services, while engaged in the execution of their duties, shall each wear in plain view a badge having the words, "Animal Control Officer" engraved thereon. No person who is not a duly appointed and qualified Animal Control Officer shall represent him or herself to be, or shall attempt to act as an Animal Control Officer.
(Ord. 474 § 1, 2003)
It shall be the duty of the Community Services Director to enforce the provisions of this chapter, and it shall be the duty of every City officer to cooperate with employees of the Community Services Department in the enforcement of their duties related to this chapter.
(Ord. 474 § 1, 2003)
It is unlawful for any person to resist, hinder, molest, or obstruct any duly authorized representative of the Community Services Director in the performance of his or her duty as provided in this chapter.
(Ord. 474 § 1, 2003)
A public animal shelter is hereby provided and the same, and any branches thereof, shall be located, and established at such places in the County of Sutter as shall be fixed from time to time by the City Council.
(Ord. 474 § 1, 2003)
Every person taking up any animal under the provisions of this chapter and every person finding any lost, strayed or stolen animal shall, within 24 hours thereafter, give notice thereof to Animal Control Services.
Any person into whose custody such animal may in the meantime be placed, shall be required to either:
A.
Deliver such animal to Animal Control Services without fee or charge; or
B.
Deliver such animal to a society for the prevention of cruelty to animal's shelter, humane society shelter, or rescue group approved by, and registered with, the Community Services Department.
(Ord. 474 § 1, 2003)
Animal Control Services shall provide all animals in their custody with necessary and prompt veterinary care, nutrition, and shelter, and treat them humanely.
(Ord. 474 § 1, 2003)
Every animal taken into custody by Animal Control Services, which by reason of age, injury, disease or other good cause, should be destroyed, or which is dangerous to keep impounded, shall be forthwith destroyed by Animal Control Services in a humane manner.
(Ord. 474 § 1, 2003)
Any person who violates or causes the violation of any provision of this chapter is guilty of a misdemeanor and, upon conviction, shall be punished by a fine up to the maximum amount allowed for a misdemeanor by Penal Code Section 19, or by imprisonment in the Sutter County Jail for a period of up to the maximum period allowed for a misdemeanor by Penal Code Section 19, or by both such fine and imprisonment. At the discretion of the District Attorney, any case which, in his or her opinion may not result in imprisonment or probation may be prosecuted as an infraction.
(Ord. 474 § 1, 2003)
Animal Control Services shall maintain a manual of policies and procedures implementing this code and any other applicable ordinances duly adopted by the City of Live Oak. The manual of policies and procedures shall detail the records to be kept and the manner in which they are to be kept.
(Ord. 474 § 1, 2003)
Animal Control Services shall deposit all fees and all fines collected under the provisions of this chapter with the Sutter County Treasurer in a timely manner.
(Ord. 474 § 1, 2003)
are dogs specially trained as guide dogs, signal dogs, or service dogs.
is anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by a community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin or any public park, square, street, or highway.
shall have the same definition as contained in Section 31602 of the Food and Agricultural Code.
as used in this section, means the strict confinement, upon the private premises of the owner, under restraint by leash, closed cage, or paddock, of all animals specified in the order for quarantine.
as used in this chapter, includes rabies, and any other animal disease dangerous to human beings that may be declared by the State of California Health Department as coming under Health and Safety Code.
shall consist of adequately covering or sealing all holes or means of ingress to such premises by which rats can enter in and upon such premises, save and except properly conducted, constructed and protected doors, windows, and ventilating shafts. With regard to open land, rat proofing shall consist of eliminating the harborage of the rat population. All costs of eliminating rats and rat proofing shall be borne by the person owning or in lawful possession of the premises rat proofed or from which rats are to be eliminated.
shall have the same definition as contained in Section 31603 of the Food and Agricultural Code.
(Ord. 474 § 1, 2003)
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
(Ord. 474 § 1, 2003)