As used in this article, the words "animal," "small animal"
and "household pets" shall mean dogs, cats, rabbits, pigeons, hens,
or other small animals as determined by the Community Services Department
and approved by the City Manager. Roosters shall not be allowed.
(Ord. 474 § 1, 2003; Ord. 554 § 3, 2016)
Every person owning or occupying premises where any animal is
kept shall keep the place in which such animal is kept in a clean
and sanitary condition.
(Ord. 474 § 1, 2003)
No more than a maximum of six small animals in any combination
thereof shall be kept on any premises within the City.
(Ord. 554 § 4, 2016)
It is unlawful for any person who owns or has the charge, care,
control, or custody of any animal to permit such animal upon any public
street or other public place in the City of Live Oak or upon any property
belonging to the City unless such animal is under the complete control
of the person owning or at the time in possession of such animal.
(Ord. 474 § 1, 2003)
It is unlawful for any person who owns or has the charge, care,
control, or custody of any animal to permit such animal to trespass
on private property.
(Ord. 474 § 1, 2003)
Any animal found trespassing on any private property in the
City of Live Oak may be taken up by any person at interest and delivered
to Animal Control Services. Any dog found running at large on the
lands of another, where poultry or livestock are kept, without the
permission of the owner or person in charge of such lands may be taken
up by any person and delivered to Animal Control Services.
(Ord. 474 § 1, 2003)
It is unlawful for any person who owns or has the charge, care,
control, or custody of any animal to permit such animal to commit
a nuisance on improved private property other than that of the person
who owns or has the charge, care, control, or custody of the animal.
(Ord. 474 § 1, 2003)
It is unlawful for any person who owns, has the charge, care, control, or custody of any animal or who allows any animal to remain upon his or her property, to permit such animal, 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. Every such animal shall be deemed to be a public nuisance, and shall be subject to abatement as such. In addition, the owner thereof, or person who has the charge, care, control, or custody of the animal, after personal service of a notice and citation of the condition, shall be subject to the penalties prescribed in Section
6.04.110 if the nuisance continues after the service of such notice and citation.
(Ord. 474 § 1, 2003)
Upon presentation of proper credentials, duly authorized representatives
of the Health Officer or Community Services Director or any peace
officer or deputy sheriff, may enter at reasonable times upon any
premises where any animal is kept for the purpose of taking up, seizing,
or impounding any animal running at large or staked, herded, or grazed
thereto contrary to the provisions of this chapter, or for the purpose
of inspecting the premises to ascertain whether any law of the City
or the State relating to the care, treatment, or impounding of animals
is being violated, or for the purpose of enforcing any other provisions
of this chapter.
(Ord. 474 § 1, 2003)
In the event it is necessary for Animal Control Services to
cause the impoundment of any large animal there shall be collected
from the owner of such animal in addition to all other fees, a capture
fee which shall be the actual cost of the capture, including, but
not limited to, the salaries of City or County personnel utilized
in effectuating the capture.
(Ord. 474 § 1, 2003)
The cost of feeding, keeping, and treating an animal impounded
in accordance with the provisions of this chapter shall be borne by
the person who owns or has the charge, care, control, or custody of
such animal at the time such animal is taken into custody. The cost
may be recovered by the City from the owner or person having legal
custody of such animal at the time such animal is taken into custody
in any action at law or in equity.
(Ord. 474 § 1, 2003)
Whenever any cat has been impounded under the provisions of
this chapter, at any time during the holding period required by Section
31752 of the
Food and Agricultural Code, subject to the provisions
for owner redemption contained therein, 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 by:
A. Paying
all outstanding fees and charges owing to the animal shelter as required
by the City Council in either ordinance or resolution, and
B. Paying the deposit required by Section
6.04.750, if the cat being redeemed is not spayed or neutered.
At any time after the expiration of the holding period, required
by Section 31752 of the
Food and Agricultural Code, Animal Control
Services may, without further notice, and without advertising in any
manner, sell, give away, or humanely destroy any cat not claimed or
redeemed. Any cat having been released to a non-profit animal rescue
or adoption organization pursuant to Section 31752(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 31752(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 biological
science, or in the testing or diagnosis, improvement or standardization
of laboratory specimens, biologic products, pharmaceuticals, or drugs.
(Ord. 474 § 1, 2003)
A. When
Animal Control Services, under the provisions of this chapter, has
impounded any animal for at least 72 hours and the animal has not
been redeemed, Animal Control Services shall be free to dispose of
such animal. If, in the opinion of Animal Control Services, the value
of the animal will exceed the expense of keeping it, an advertisement
shall be placed in a newspaper of general circulation that such animal
is for sale. If the animal is not redeemed prior to the sale, the
animal shall be sold for cash to the highest bidder.
B. When
any animal is impounded, the owner or any person interested therein
may redeem the animal upon paying to Animal Control Services a fee
as determined and set by resolution of the City Council, together
with a further sum that is equal to the actual cost per day for the
keep of such animal for each day such animal is impounded. If the
animal has been offered for sale through public advertising, the owner
or the person redeeming such animal shall pay the advertising costs
in addition to the redemption fees set forth in this section.
(Ord. 474 § 1, 2003)
Whenever, in the opinion of the Health Officer, it is determined
that any building or property in the City contains rats in a number
or of a kind dangerous to the health and welfare of the citizens of
the City, such building shall be deemed to be a public health nuisance
within the meaning of this article and the person upon whose premises
such rats are located shall be required to exterminate them and shall
be required further, upon order of the Health Officer, to rat-proof
the premises designated by such Health Officer to be a public health
nuisance.
(Ord. 474 § 1, 2003)
Any person that owns or has possession or control of any animal
which is affected by any contagious or infectious disease, shall keep
the animal within an enclosure, or herd the animal in a place where
it is secure from contact with other animals of like kind that are
not so affected.
(Ord. 474 § 1, 2003)
Any person that has the care or control of any animal that dies
from any contagious disease shall immediately cremate or bury the
animal. An animal which has died from any contagious disease shall
not be transported, except to the nearest crematory.
(Ord. 474 § 1, 2003)
Animal Control Services shall not sell, give away, or transfer
any cat over six months of age except as provided for in Chapter 2
commencing with Section 31760 of Division 14.5 of the Agricultural
Code.
(Ord. 474 § 1, 2003)
A. For
purposes of this section, the following words, terms and phrases shall
have these definitions:
"Feral cat"
means a cat as defined in Section 31752.5 of the Food and
Agricultural Code.
"Free-feeding"
means not limiting the amount of food made available to an
animal at a single feeding, resulting in excess food which will result
in creating inviting conditions for other animals including wildlife.
B. It is
unlawful for any person to create a public nuisance by free-feeding
any wild animals including any feral cats.
C. It is
unlawful for any person to make available more food supply than is
reasonably adequate for the number of legally allowed animals, including
domesticated cats the person may care for.
D. This
section shall not apply to persons who qualify for a trap-neuter-release
program that the Sutter Animal Services Authority establishes to reduce
feral/wild cat populations.
(Ord. 554 § 2, 2016)