It shall be the duty of Animal Control Services to seize and impound, subject to the provisions of this chapter, all stray, unleashed or unrestrained dogs found within the City of Live Oak, regardless of whether the dogs are licensed or unlicensed; and for that purpose the duly authorized employees of Animal Control Services may go upon private property to enforce this chapter, or to collect and impound dogs.
(Ord. 474 § 1, 2003)
A. 
Upon presentation of proper credentials, duly authorized representatives of the Health Officer or Community Services Director, or any peace officer may enter at reasonable times upon any premises where any dog is kept, or believed by him or her to be kept, for the purpose of taking up, seizing, or impounding any dog running at large, or for the purpose of ascertaining whether such dog is licensed as required by this chapter, or for the purpose of inspecting the premises to ascertain whether by law of the City, or the County, or the State relating to the care, treatment, or impounding of dogs is being violated, or for the purpose of enforcing any other provisions of this chapter.
B. 
Notwithstanding any other provision of law or ordinance of the City of Live Oak, Animal Control Officers shall not seize or impound a dog for the violation requiring a dog to be leashed or issue citations for violation of such leash requirements when the dog has not strayed from, and is upon, private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has the right to control the dog has a right of possession.
C. 
A dog that has strayed from but then returned to the private property of his or her owner or the person who has a right to control the dog shall not be seized or impounded, but in such a case a citation may be issued; provided, however, that if in such a situation the owner or person who has a right to control the dog is not home, the dog may be impounded but Animal Control Officers shall post a notice of such impounding on the front door of the living unit of the owner or person who has a right to control the dog. Such notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address, and telephone number of Animal Control Services, and an indication of ultimate disposition of the dog if no action to regain it is taken within a specified period of time by its owner or the person who has a right to control the dog.
D. 
This section shall not otherwise affect existing authority to seize or impound a dog or issue citations, as a result of a dog's being on property other than that owned by its owner or the person who has the right to control the dog.
(Ord. 474 § 1, 2003)
It is unlawful for any person owning, having interest in, harboring, or having charge, care, control, custody or possession of any dog, licensed, or unlicensed, to allow, cause or permit such dog to be in or on 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 without the permission of the property owner. Any dog found running at large in violation of the provisions of any law of the State of California or of the City of Live Oak shall be deemed a stray dog, and for all purposes shall be immediately seized and impounded.
(Ord. 474 § 1, 2003)
At any time after the expiration of the holding period required by Food and Agricultural Code Section 31108, Animal Control Services may, without further notice, and without advertising in any manner, sell, give away, or humanely destroy any dog not claimed or redeemed. Any dog having been released to a nonprofit animal rescue or adoption organization pursuant to Section 31108(b) of the Food and Agricultural Code shall, upon its return to the custody of Animal Control Services, be deemed to have completed the holding period required by Section 31108(a). Provided, however, that Animal Control Services may not transfer title to any living animal to any institution engaged in the diagnosis or treatment of human or animal disease, or in research for the advancement of veterinary, dental, medical, or biologic science, or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals, or drugs.
(Ord. 474 § 1, 2003)
If there is a valid license tag attached to any dog surrendered to Animal Control Services as provided herein, and such dog has not been redeemed by its owner within 120 hours from the time of impounding such dog, Animal Control Services may return such dog to the person who surrendered the dog, provided that such person procures a license for such dog pursuant to the requirements of this chapter, and pays all other appropriate shelter charges.
(Ord. 474 § 1, 2003)
It is unlawful for any person owning, having interest in, harboring, or having charge, care, control, custody, or possession of any dog, licensed or unlicensed, to permit such dog:
A. 
In or upon any public street or other public place in the City or in or upon any property belonging to the City unless such dog is restrained by a leash and is under the complete control of the person owning or at the time in possession of such dog. Such leash shall not be more than eight feet in length. Notwithstanding anything set forth in this section to the contrary, no person shall be compelled to keep any dog in his or her possession on a leash while in or upon any public street or other public place in the City if, at the time, such dog is confined securely within an automobile.
B. 
To trespass on private property.
C. 
To commit a nuisance on improved private property other than that of the person who owns or has charge, care, control, or custody of the dog.
D. 
By any sound or cry, to disturb the peace, quiet, and comfort of any neighborhood or to interfere with any person in the reasonable and comfortable enjoyment of life or property, and every such animal shall be deemed to be a public nuisance and shall be subject to abatement as such, and, in addition, the owner thereof, after personal service of a notice and citation of the condition, shall be guilty of a misdemeanor if the nuisance continues after the service of such notice and citation.
E. 
To suffer or permit the same to run at large on private or public property whereon livestock or domestic fowl are kept without the consent of the owner.
(Ord. 474 § 1, 2003)
Whenever any licensed dog is impounded under the provisions of this chapter, the owner or person entitled to custody of any such dog may, at any time prior to the sale or other disposition thereof, during the regular office hours of the animal shelter, redeem the same, subject to the following provisions:
A. 
Animal Control Services shall keep any dog so impounded for the holding period required by Food and Agricultural Code Section 31108.
B. 
The person wishing to redeem the dog must exhibit to Animal Control Services the unexpired license certificate or license tag issued for the dog being redeemed.
C. 
The person wishing to redeem the dog must pay all outstanding fees and charges owing to the animal shelter as required by the City Council either in ordinance or resolution.
D. 
If the dog being redeemed is not spayed or neutered, the person wishing to redeem the dog must pay the deposit required by Section 6.04.560.
If the person wishing to redeem the dog exhibits an expired license certificate, the dog may be redeemed by paying all requisite fees and charges owing, and, within 15 days from the redemption date, obtain a valid license as required by the provisions of this chapter. If a valid license has not been obtained within 15 days of the redemption date, Animal Control Services shall issue a citation to the person owning, harboring, or having charge, care, control, custody, or possession of such dog and indicate that if a valid license has not been obtained within 30 days from the redemption date, the dog may be subject to impound.
(Ord. 474 § 1, 2003)
Whenever any stray dog not bearing a license tag is impounded under the provisions of this chapter, and such dog is not claimed by the owner within the holding period required by Food and Agricultural Code Section 31108, any person may, at any time prior to the sale or other disposition thereof, during the regular office hours of the animal shelter, redeem the same, subject to the following provisions:
A. 
The person wishing to redeem the dog must pay all outstanding fees and charges owing to the animal shelter as required by the City Council in either ordinance or resolution.
B. 
If the dog being redeemed is not spayed or neutered, the person wishing to redeem the dog must pay the deposit required by Section 6.04.560.
C. 
The person wishing to redeem the dog must, within 15 days of the redemption date, obtain a valid license as required by the provisions of this chapter. If a valid license has not been obtained within 15 days of the redemption date, Animal Control Services shall issue a citation to the person owning, harboring, or having charge, care, control, custody, or possession of such dog and indicate that if a valid license has not been obtained within 30 days from the redemption date, the dog may be subject to impoundment.
(Ord. 474 § 1, 2003)
Every person owning or occupying premises where any dog is kept shall keep the place in which such dog is kept in a clean, and sanitary condition.
(Ord. 474 § 1, 2003)