Chapter 6.04
GENERAL PROVISIONS

Sections:

6.04.010    Title.

6.04.020    Definitions.

6.04.030    Chief animal control officer.

6.04.040    Interference with duty.

6.04.050    Entering upon premises.

6.04.010 Title.

This title shall be known as and may be cited and referred to as the "animal control ordinance." (Ord. 241 §1(part), 1981).

6.04.020 Definitions.

For the purpose of this title, certain words and phrases are defined, and certain provisions shall be construed as set out in this section, unless it is apparent from the context that a different meaning is intended.

A.    "Animal" means any wild or domesticated animal, poultry, bird, reptile, fowl or fish, or any other creature.

B.    Animal, Stray. "Stray animal" means any animal off the premises of its owner, not under restraint, and not in the immediate presence of its owner or person(s) of reasonable responsibility.

C.    Animal, wild. "Wild animal" means any wild, exotic, dangerous or venomous animal, including, but not limited to, mammals, fowl, fish or reptiles.

D.    "At large" means any animal off the premises of its owner and not under the direct control of the owner or some responsible person authorized by such owner.

E.    "Cat" means any cat of either sex or-any age.

F.    "Dog" means any member of the canine family, and also includes both male and female gender, whether neutered or spayed.

G.    Dog, Guard. "Guard dog" means any dog used for the purpose of guard duty.

H.    "Dog license" refers to the license required by this title, to be issued annually for each individual dog.

I.    Dog, Unlicensed. "Unlicensed dog" means any dog for which the license fee for the current year has not been paid and to which the dog license tag provided for in this title is not properly attached.

J.    "Livestock" includes cattle, horses, sheep, goats, swine, and all other domestic or domesticated animals other than household pets.

K.    "Owner" means any person, firm or corporation owning, having an interest in or having control or custody or possession of any animal.

L.    "Quarantine" means the taking up and impounding of an animal in the designated animal shelter by the animal control officer for a period of fourteen days or, in "the discretion of the animal control officer, or the director of field services, the confinement of an animal by the keeping of it in a substantial pen, or by tying it with a stout chain on the property of the owner of said animal, so that the animal does not come into contact with any other animal or human being for a period of fourteen days.

M.    "Shelter" means a facility designated by the director for impoundment of animals and authorized by the city manager. (Ord. 241 §1(part), 1981).

6.04.030 Chief animal control officer:

The position of chief animal control officer is established. The chief of police is designated ex officio chief animal control officer. The chief animal control officer and persons performing their duties under his supervision and control (including persons designated as humane officers under Section 607f of the Civil Code by a humane society which has contracted with the city to provide animal care or protection services within the city limits), as well as any peace officer, shall have the duty to enforce the provisions of this title and shall have the power to arrest persons violating any of the provisions of this title as provided in Section 836.5 of the Penal Code. (Ord. 241 §1(part), 1981).

6.04.040 Interference with duty:

No person shall rescue or attempt to rescue any animal mentioned in this title from the possession of the chief animal control officer, nor interfere with the chief animal control officer or his deputies or any designated representative of the county director of health services in the performance of their official duties. (Ord. 241 §1(part), 1981).

6.04.050 Entering upon premises:

A.    The chief animal control officer, any officer or employee thereof or other duly designated representative of the city, or peace officer, or any designated representative of the county director of health services shall have the right to make an inspection to enforce the provisions of this title or other applicable law by entering into any building or upon any property within the city when said person has reasonable cause to believe that there exists in any building and/or upon any property any violation of the provision of this title or other applicable law; provided, that:

1.    If such building and/or property is occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor;

2.    If entry into said building or upon said property is refused, the chief animal control officer, any officer or employee or other duly designated representative of the city, or any peace officer or any designated representative of the county director of health services shall obtain an inspection warrant pursuant to the provisions of the Code of Civil Procedure, Sections 1822.50--1822.57, for the entry and inspection of said building and/or said property;

3.    Notwithstanding the foregoing, if the chief animal control officer, any officer or employee thereof, or other duly designated representative of the city, or any peace officer or any designated representative of the county director of health services has reasonable cause to believe that the keeping or the maintaining of any animal is hazardous, unsafe or dangerous; so as to require immediate inspection to safeguard the animal or the public health or safety, he shall have the right to immediately enter and inspect such building and/or property, and may use any reasonable means required to effect such entry and make such inspection, whether such building and/or property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the building and/or property is occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor.

B.    This section shall not prohibit the chief animal control officer, any officer or employee thereof, or any peace officer or any designated representative of the county director of health services from entering upon any public or private property in the city for the purpose of capturing an animal running at large in violation of this title or other applicable law. Any person who denies or prevents, obstructs, or attempts to deny, prevent, or obstruct said capture is guilty of a misdemeanor. (Ord. 241 §1(part), 1981).