Chapter 6.04
DOGS, CATS, DOMESTIC ANIMALS AND OTHER ANIMALS*
Sections:
6.04.040 License tax--Payment--Tag.
6.04.050 Vaccination required.
6.04.060 Impoundment--Notification of owner.
6.04.070 Impoundment--Destruction or sale.
6.04.080 Sale or redemption--License and vaccination required.
6.04.100 Minimum standards of sanitation, care, and housing of animals.
6.04.130 Number of animals per household--Prohibited animals.
6.04.150 Right of entry for enforcement conditions.
6.04.170 Duty to report exposure to rabies/bites.
6.04.210 Authorization for fines.
* For statutory provisions authorizing cities to impose an annual license fee on dogs, see Gov. Code §38792; for provisions on regulation and licensing of dogs generally see Food and Agric. Code §30501 et seq.; for provisions on rabies control, see Health and Saf. Code §124575 et seq.; for provisions on impounding, see Food and Agric. Code §31101 et seq.
6.04.010 Definitions.
When used in this chapter, the words defined in this section shall have the meanings prescribed in this section.
"Animal control" means the department within the city of Kerman, which is established as the animal control agency in the city.
"Animal control manager" means the management head of animal control and his or her duly authorized staff.
"Animal control shelter" means the facilities provided by the city for the impoundment, relinquishment, quarantine, and adoption or sale of animals.
"Animal nuisance," within the meaning of this title, means such actions or behaviors of an animal which interfere with the rights of persons to the enjoyment of life or property by creating chronic and unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept, harbored or maintained, and shall include, but not be limited to the following:
1. Causing fouling of the air by the unpleasant odor of accumulated fecal waste or urine. Such fouling of the air must be detected from a location or locations other than the property in question;
2. Causing unsanitary conditions in enclosures or surroundings;
3. Making a chronic, continuous excessively loud or disturbing noise of more than a fifteen-minute duration per incident, that prevents the resident or residents of any property from enjoying the full use of that property for any lawful purpose including but not limited to sleep or rest. This does not include periodic barking or other utterances of short duration; or
4. Causing offense or danger to public health, safety, or welfare by virtue of the number or types of animals and the method by which they are maintained. A violation of this subsection 4 shall initially be determined by the investigating animal control officer, who shall refer the matter to the appropriate county or state agencies as required by law.
"Appropriate fence" as used in this chapter unless otherwise specified means a fence of sufficient height, strength, and capacity; and which is maintained in good repair, to prevent (except with the assistance of a human being) the ingress and egress of the animals housed or controlled on the property.
"At Large." An animal shall be deemed to be running at large when off or away from the premises of the owner or custodian thereof, and not under the control of such owner or custodian or his agent or servant, or a member of his immediate family, either by chain or leash.
"Cattery" means any enclosure, premises, building, structure, lot or area in or on which four or more cats of at least six months of age are kept, harbored, or maintained.
"Curb" means to so restrain or control an animal that so it does not defecate on public property or the property of others except by the expressed consent of the owner of such property.
"Dog license" as used in this title means a metallic tag, which will be firmly affixed to the animal’s collar on which is imprinted the phone number and name of the issuing agency, and a serial number unique to the individual tag. These tags are issued as outlined in Section 6.04.040.
"Domestic animal" means dogs and cats, except as limited in the definition of "feral animal" in this section, as well as horses, donkeys, mules, burros, cattle, sheep, goats, swine, llamas, camels, rabbits and fowl commonly kept or raised in rural areas as farm or livestock animals.
"Feral animal" means any domestic animal, which is known to live in a wild or semi-wild state without benefit of an owner or any domestic animal, which has escaped for a substantial period of time from the care of its owner or custodian and is existing in a wild state without benefit of domestication.
"Hearing," for the purposes of this chapter, means the process prescribed in Section 6.08.030 for the redress of issues relating to or arising from the enforcement of this title, including, but not limited to, dangerous and vicious animals, permits, or such other administrative matters as pertain to the application of this chapter. "Hearing" may as an alternative include any administrative hearing procedure now or hereafter established by the city for the enforcement of its ordinances.
"Hearing officer" means the person appointed by the animal control manager to preside at and render judgments from hearings transacted under the authority of this chapter. The person may be an employee of the city who is not assigned to animal control or otherwise subordinate to the manager thereof, or a person who is not an employee but is retained to provide such services. Any such hearing officer shall be qualified by training or experience or shall be an attorney or an administrative law judge.
"Impound" means the physical restraint and transport of an animal to the animal shelter by the animal control officer, other agency or the general public. An animal confined and returned to the owner or custodian, prior to transport to the animal shelter, is to be considered impounded.
"Impoundment" means the taking up and confining of an animal by the animal control manager in accordance with the provisions of this chapter or other applicable law or regulation.
"Kennel" means any enclosure, premises, building, structure, lot or area in or on which four or more dogs of at least four months of age are kept, harbored or maintained.
"Livestock" means any horses, donkeys, mules, burros, cattle, sheep, goats, swine, llamas, camels, rabbits and fowl commonly kept or raised in rural areas as farm or livestock animals.
"Owner" means the primary or responsible person who possesses, has title to, or an interest in, harbors, provides care, or has control, custody or possession of an animal, and the verb "to own" includes all these meanings. In addition, any person finding a stray animal who harbors, provides care, or has control, custody or possession of that animal for more than ten business days is to be considered the owner as defined in this section and is responsible for all rules, regulations and fees pertaining to such animal.
"Permits," within the context of this chapter and unless otherwise stated, means licenses issued by the animal control manager pursuant to the provisions of this chapter or home occupation permits which authorize either the maintaining and operating of a kennel or cattery (a kennel/cattery permit) or the keeping of a wild animal (a wild animal permit) but shall not include licenses issued by the animal control manager pursuant to the provisions of Section 6.08.030 which authorize the keeping of a dog.
"Vaccination" means the inoculation of an animal with rabies and any other vaccine approved by and in the manner prescribed by the State of California, Department of Health Services.
"Veterinarian" means a person licensed by the state of California to practice veterinary medicine.
"Wild animal" means any of the following:
1. Following members of the Class Reptilia:
a. Order Ophidia (such as, but not limited to, racers, boas, water snakes and pythons) over eight feet in length; and
b. Order Loricata (such as, but not limited to, alligators, caymans and crocodiles) over three feet in length; and
c. Order Sauria (excepting iguanas) over three feet in length.
2. Following members of the Class Aves: Order Falconiformes (such as, but not limited to, hawks, eagles and vultures, which are not kept pursuant to federal or state permit); and
3. Following members of the Class Mammalia:
a. Order Carnivora, expressly excepting the domestic dog (canis familiaris) and the domestic cat (felis catus), but including, but not limited to, the family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), the family Canidae (such as wolves, dingos, coyotes and jackals); and
b. Order Marsupialia (such as kangaroos and opossums); and
c. Order Chiroptera (bats); and
d. Order Edentata (such as sloths, anteaters and armadillos); and
e. Order Proboscidea (elephants); and
f. Order Primata (including, but not limited to, monkeys, chimpanzees and gorillas); and
g. Order Ungulata (expressly excluding any animal which would be included within the definition of "domestic animal" in this section), including, but not limited to, antelope, deer and bison.
4. Any nondomestic species, when kept maintained or harbored in such numbers or in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the property of human beings.
5. Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except honey-producing bees.
6. Any hybrid animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the state of California. (Ord. 06-01 §1 (part), 2006).
6.04.015 Pound master.
"Pound master," as used in this chapter, means the employee of the city responsible for the performance of pound services. For the purposes of this chapter, the director of public works and development services shall be pound master, and each and every subordinate employee of the department of public works, and each and every police officer of the city is authorized to assist him in the performance of his duties under the provisions of this chapter. (Ord. 06-01 §1 (part), 2006: Ord. 03-02 Exh. A (part), 2003: Ord. 76-105 §2, 1976; prior code §4-205. Formerly 6.04.010).
6.04.020 Animal shelter.
The city shall construct and maintain a city animal shelter to be used for the impounding of dogs pursuant to the provisions hereof. The pound master shall operate the city animal shelter, and shall pick up and impound all dogs which are not licensed and tagged as herein required; or which are not immunized for rabies and tagged as herein required; or which are running at large in a manner herein prohibited; or which are vicious or potentially dangerous dogs as defined in this title and not kept under effective control as herein required. The pound master and his authorized agents are empowered to enter any yard or other open space for the purpose of performing their duties under the provisions of this chapter. (Ord. 06-01 §1 (part), 2006: Ord. 03-02 Exh. A (part), 2003: Ord. 76-105 §3, 1976; prior code §4-206).
6.04.030 Dog license tax.
The city council levies and imposes upon the owner or custodian of any dog quartered within the city and over the age of four months a license tax in an amount set by the city council by resolution. The license tax shall reflect the costs to the city of registration, administration, and health and safety programs and activities of the city which are related to having dogs within the city limits. (Ord. 06-01 §1 (part), 2006: Ord. 03-02 Exh. A (part), 2003: Ord. 83-06 (part), 1983: Ord. 131 §1 (part), 1962).
6.04.040 License tax--Payment--Tag.
It shall be the duty of the owner or custodian of any dog subject to the provisions of this chapter to pay the license tax within thirty days of the expiration of the current license, or within thirty days of the dog attaining the age of four months; or within thirty days of the date on which the dog is brought into the city. The license tax provided for in this chapter shall constitute a debt due the city at the expiration of the applicable thirty-day period of time. Upon payment of such tax, the collector thereof shall give to the person paying the same a receipted license therefor, which license shall state the name, sex, color and breed of such dog; and the amount of the tax so paid. The license receipt shall be made out in duplicate and a copy thereof shall be retained for the applicable calendar year in the records of the city. In addition, upon paying for the same a tag bearing a number corresponding to the number set forth on the license receipt given to such person. Thereafter, the owner or custodian of the dog so licensed shall forthwith cause the aforementioned tag to be worn on a collar by the dog. (Ord. 06-01 §1 (part), 2006: Ord. 03-02 Exh. A (part), 2003: Ord. 131 §1 (part), 1962: Ord. 120 §2, 1960).
6.04.050 Vaccination required.
It shall be the duty of the owner or custodian of any dog over the age of four months within the city to have such dog vaccinated with rabies vaccine once every two years, as evidenced by a certificate of immunization issued by a veterinarian licensed by the state of California. As a condition precedent to the issuance of the dog license required under the provisions of this chapter, the owner or custodian of the dog to be licensed shall present for inspection to the collector thereof the certificate of immunization. (Ord. 06-01 §1 (part), 2006: Ord. 03-02 Exh. A (part), 2003: Ord. 219 §1, 1973: prior code §4-203).
6.04.060 Impoundment--Notification of owner.
Any dog impounded shall be kept at the city animal shelter for a period of either not less than seventy-two hours, or until the owner or custodian comes to claim the dog. If any such dog so impounded bears a current license tag, it shall be the duty of the pound master to notify the owner or custodian of such dog as the same appears on the records of the city, that such dog has been impounded. The notice shall be mailed to the address of the owner or custodian of the dog as the owner or custodian appears on the records of the city, within twenty-four hours of the dog being impounded. No duty is placed on the pound master to give similar notice to the owner or custodian of any impounded dog not bearing a current license tag. (Ord. 06-01 §1 (part), 2006: Ord. 03-02 Exh. A (part), 2003: Ord. 120 §7, 1960).
6.04.070 Impoundment--Destruction or sale.
Any dog impounded for more than six days shall be destroyed by the pound master in a humane manner, or in the alternative, the dog may be sold by the pound master to any responsible adult for the impoundment fee. The sale of any such dog shall pass good title to the purchaser thereof, which purchaser shall receive a bill of sale for the dog from the city. At any time prior to the destruction or sale of such dog, the owner or custodian thereof may redeem the same by paying to the city an impoundment fee which shall be set by resolution duly enacted by the city council. (Ord. 06-01 §1 (part), 2006: Ord. 03-02 Exh. A (part), 2003: Ord. 83-06 (part), 1983: Ord. 81-02, 1981: Ord. 219 §2, 1973: Ord. 145 §1, 1965: prior code §4-208).
6.04.080 Sale or redemption--License and vaccination required.
When any dog subject to the license and vaccination provisions is sold by the pound master, the person purchasing such dog shall within ten days of receiving the same have the dog licensed and vaccinated as required under the provisions of this chapter. When any unlicensed or unvaccinated dog subject to the license and vaccination provisions is redeemed by the owner or custodian thereof, such owner or custodian shall within ten days of receiving the dog have the same licensed and vaccinated as required under the provisions of this chapter. The pound master shall keep a record of the name and address of the person purchasing or redeeming an impounded dog, the date of the purchase or redemption, and the name, sex, color and breed of the dog purchased or redeemed. To ensure that the dog so purchased or redeemed is licensed and vaccinated as required, the pound master shall within ten days of the purchase or redemption of any such dog furnish the collector with the record thereof. (Ord. 06-01 §1 (part), 2006: Ord. 03-02 Exh. A (part), 2003: Ord. 120 §9, 1960).
6.04.100 Minimum standards of sanitation, care, and housing of animals.
It shall be unlawful for the owner or person in charge of any animal to permit such animal to remain without sufficient food, water or shelter as determined by enforcement personnel after timely checks. It shall be unlawful for any person to maintain or permit to exist any animal nuisance. Any person in violation of the provisions of this section shall be given a written notice of such violation specifying with particularity the condition or conditions involved therewith and requiring that the same be remedied within ten days of the receipt of the written notice. Any person receiving such a written notice shall comply with its requirements within the ten-day period of time.
A. Animals maintained in pens, cages, or runs for periods exceeding twenty-four hours shall be provided with adequate space to prevent overcrowding and to maintain normal exercise according to species. Cages are to be of material and construction that permit cleaning and sanitizing.
B. Indoor Housing. If indoors then these facilities shall be sufficiently temperature controlled and ventilated to provide for the animal’s comfort and health.
C. Outside housing or enclosures shall allow adequate protection against weather extremes. Floors of buildings, runs, and walls shall be of waterproof material to permit proper cleaning and disinfection.
D. Provisions shall be made for the removal and proper disposal of animal and food waste, bedding, dead animals, and debris. Disposal facilities shall be provided and so operated as to minimize vermin infestation, odors, and disease hazards.
E. All animal quarters and runs are to be kept clean, dry, and in a sanitary condition.
F. The food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.
G. All animals shall have fresh water available at all times. Water vessels shall be weighted or be mounted or secured in a manner that prevents tipping. (Ord. 06-01 §1 (part), 2006).
6.04.110 Fouling.
It shall be the duty of any person having custody of a dog to curb such dog or to immediately remove any feces deposited by such dog on public property or the property of others to a proper receptacle. Unsighted persons while relying on a guide dog shall be exempt from this section. Violation of this section is an infraction. (Ord. 06-01 §1 (part), 2006).
6.04.120 Appropriate fence.
Any person who owns or is responsible for the care, custody or control of one or more animals must maintain the animals within an appropriate fence. (Ord. 06-01 §1 (part), 2006).
6.04.130 Number of animals per household--Prohibited animals.
A. Every person who owns, keeps, or maintains any animal shall adhere to the guidelines under this section. No household shall keep or maintain more than three dogs and three cats on the premises at any time, unless the household has a current home occupation permit, zoning permit or conditional use permit to operate a kennel or cattery. The animals shall be kept in accordance with the regulations listed in this chapter. As used in this chapter, "household" means one or more natural persons living as a family unit and occupying the same living space.
B. No person shall keep or maintain any livestock or any feral or wild animal within the city of Kerman. (Ord. 06-01 §1 (part), 2006).
6.04.140 Cruelty to animals.
No person shall beat, cruelly ill treat, torment, overload, overwork, or otherwise abuse any animal, or cause to permit any dog fight, cockfight or other combat between animals or between animals and humans. (Ord. 06-01 §1 (part), 2006).
6.04.150 Right of entry for enforcement conditions.
A. The animal control manager, any officer or employee thereof, or other duly designated representative of the city, and any law enforcement officer shall have the right to make an inspection to enforce the provisions of this title or other applicable law by entering property to enforce the provisions of this chapter 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; and if such building and/or property is unoccupied, he shall first make a reasonable effort to locate the owner thereof or other persons having authority over the building and/or property and request entry, explaining his reasons therefor.
2. If such entry into the building or upon the property be refused, the director, any officer or employee thereof, or other duly designated representative of the city and any law enforcement officer may obtain an inspection warrant pursuant to the provisions of the Code of Civil Procedure (Sections 1822.50 through 1822.57), for the entry and inspection of the building and/or the property. However, if the conditions of Code of Civil Procedure Section 1822.50 cannot be satisfied and criminal charges are implicated, animal control or the law enforcement officer may seek a search warrant of said building and/or the property. (Ord. 06-01 §1 (part), 2006).
6.04.160 Obstruction.
Any person who prevents, resists, threatens, or obstructs an attempt by the animal control or police officer to perform his or her lawful duties pursuant to this title or any person who conceals or secretes any animal subject to inspection or impoundment or any owner who fails to relinquish upon lawful demand any animal to be impounded shall be guilty of a misdemeanor. (Ord. 06-01 §1 (part), 2006).
6.04.170 Duty to report exposure to rabies/bites.
Any person having knowledge that any animal capable of transmitting rabies has bitten or otherwise exposed to rabies a human being or other animal within the city of Kerman, is required to immediately report that fact to the health officer or the animal control manager. Such person must furnish complete information thereof, including, but not limited to, any knowledge of the whereabouts of said animal. Any person failing to report an animal bite is guilty of an infraction. (Ord. 06-01 §1 (part), 2006).
6.04.200 Unlawful acts.
Each and every of the following acts is declared to be unlawful:
A. For the owner or custodian of any dog subject to the license provisions of this chapter to fail to have the dog licensed and tagged as required;
B. For the owner or custodian of any animal subject to the rabies immunization provisions of this chapter to fail to have the dog immunized and tagged as required;
C. For the owner or custodian of any animal to cause or permit the same to run at large;
D. For the owner or custodian of any vicious dog or potentially dangerous dog to fail to keep the dog under effective control as to preclude its attack, without reasonable provocation, upon any human being or other dog. "Vicious dog," or "potentially dangerous dog" as used in this title shall have the meanings provided by California Food and Agricultural Code at Sections 31602 and 31603 as they may be amended from time to time, and such other meanings as provided in this title;
E. For the owner or custodian of any animal to fail to maintain in a clean and sanitary condition, free from obnoxious smells and substances, all enclosures and other premises where any animal is kept. All places and premises upon which any animal is kept, except the inside portion of any dwelling or appurtenant building, shall be open at all times for inspection by the health officer of the city or his authorized agents;
F. For the owner or custodian of any animal to fail to comply with the applicable provisions of this title. The animal control officer shall impound any animal found at large, or that is not being maintained or controlled as provided in this title. (Ord. 06-01 §1 (part), 2006: Ord. 03-02 Exh. A (part), 2003: Ord. 76-105 §1, 1976: prior code §4-204. Formerly 6.04.090).
6.04.210 Authorization for fines.
A. The owner of a nonspayed or unneutered dog that is impounded once by a city or county animal control agency or shelter society for the prevention of cruelty to animals, or humane society, shall be fined thirty-five dollars on the first occurrence, fifty dollars on the second occurrence, and one hundred dollars for the third or subsequent occurrence as provided in Food and Agricultural Code Section 30804.7 and any amended or successor provision. Fines imposed and citations written pursuant this section shall be in addition to any other fines or impound fees imposed by the city. Fines imposed pursuant to this section shall be used for the purposes identified in subdivision (b) of Section 30804.7 of the Food and Agricultural Code.
B. Any other violation of this title, except where other penalties are provided by this title or by state law shall be an infraction punishable by a fine of not more than fifty dollars for a first offense, and by a fine of not more than one hundred dollars for a second or subsequent offense. (Ord. 06-01 §1 (part), 2006: Ord. 03-02 Exh. A (part), 2003. Formerly 6.04.100).