Chapter 9.02 ANIMAL CONTROL

The words and terms used in this chapter shall have the meaning stated as set forth in this chapter, unless the meaning is clearly intended to be otherwise.

“Animal control center” means the facilities where impounded animals are held.

“Department of Animal Services” means that department of the City government which is specifically charged with the regulation of animals and the enforcement of laws dealing with animals within the incorporated territory of the City.

“Health Department” means the Health Department of the City.

“Health Officer” means the Health Officer of the City.

“Impoundment” means the taking and holding of an animal by the Animal Services Director.

“Kennel” means a place where four or more dogs or cats over four months of age are kept for commercial or noncommercial purposes. The term “kennel” shall not apply to animal control shelters operated by governmental agencies, nonprofit societies for the care of stray animals or veterinary hospitals.

“Licensing authority” means the City Clerk or such other City department designated by resolution of the City Council.

“Owner” means a person who owns, possesses, harbors or controls an animal.

“Person” means one or more human beings and all fictional entities such as corporations, estates, associations, partnerships and trusts.

“Rabies vaccination” means the inoculation of an animal with a rabies vaccine approved by and in the manner prescribed by the California State Department of Public Health.

“Veterinarian” means a person licensed to practice veterinary medicine in the State. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.020 Department of Animal Services – Creation – Director.

There is hereby created a Department of Animal Services within the Police Department. The Department shall be administered by an Animal Services Director, who shall be the Chief of Police. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.030 Pound established.

The City Council shall establish a suitable animal control center for impounding animals. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.040 Regulations, establishment of.

The City Council may establish, by resolution, regulations for the administration and implementation of this chapter which may include a schedule of fees for licenses and for services provided in accordance with this chapter. Such regulations, when adopted, shall become and thereafter be a part of this chapter. A copy of the regulations established by resolution of the City Council shall be filed with the City Clerk and posted at the animal control center. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.050 Enforcement.

The Animal Services Director, who shall be the Chief of Police, and his or her officers and the City Health Officer, who shall be the Health Officer for the County of Stanislaus, and his or her deputies are empowered, and it shall be their duty, to enforce the provisions of this chapter. Any person whose duty it is to enforce the provisions of this chapter may at any reasonable time enter upon private property for such purpose. It is unlawful for any person to interfere with, oppose or resist any authorized person enforcing this chapter. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.060 Authority to pursue animal.

Any person charged with the duty to enforce this chapter who is in pursuit of an animal shall have the authority to go upon the property of the owner, or other person, in order to impound such animal; provided, however, he shall not enter a dwelling without a search warrant and he shall exercise reasonable care to avoid causing damage to the property. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.070 Authority to arrest and issue notices to appear.

Pursuant to the provisions of California Penal Code Section 836.5, the Animal Services Director and his or her employees, the Health Officer and his or her employees, and a duly appointed State humane officer are authorized to arrest without a warrant and issue a written notice to appear whenever any such person has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is in violation of this chapter or a violation of any other ordinance or statute which he or she has the duty to enforce. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.080 Equipment to impound authorized.

Any person charged with the duty to enforce this chapter may use any equipment or device necessary to take up and impound an animal. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.090 Firearms authorized.

The Animal Services Director and such employees as he or she may specifically designate in writing are authorized to carry weapons when acting in the course and scope of their employment, pursuant to Section 12031 of the Penal Code of the State. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.100 Prohibiting animals in residential areas.

A. Except as otherwise provided herein, it shall be unlawful for any person to own, possess, have in custody, control or maintain any animal upon any lot in any district zoned Estate Residential District or R-E District, Single-Family Residential District or R-1 District, Duplex Residential District or R-2 District, or Multiple Residential District or R-3 District in the City located within 300 feet of any residential building in said district owned by other than the owner or custodian of said animal or the tenant of said owner or custodian.

B. The ownership, possession, custody, control or maintenance of the following animals is permitted:

1. Household Pets. “Household pets” are defined as animals ordinarily permitted in the house and kept for company or pleasure and not for profit, such as dogs, cats and canaries, but not including a sufficient number of dogs to constitute a kennel as defined in this chapter, and not to exceed three cats six weeks of age or older. Household pets may also include any:

a. Bird, in a total number not to exceed five at any one time, continuously kept caged and within the confines of a dwelling house.

b. Mouse, rabbit, guinea pig, hamster, squirrel or animal of like size or species, in a total number not to exceed 10 at any one time, continuously kept caged and within the confines of the dwelling house, or only at a distance of 40 feet or more from the window or door of any residence or other building used for human habitation, and only on the rear one-third of the lot.

c. Animal continuously confined to a terrarium or aquarium and within the confines of a dwelling house.

d. Animal for which a permit has first been obtained from the City Manager pursuant to the provisions of this chapter.

C. Upon application, the City Manager may issue a permit for the ownership, possession, custody, control or maintenance of any animal on a residential lot otherwise prohibited by this chapter upon such terms and conditions as shall be deemed proper and in the best interests of the community. In issuing or denying permits, the City Manager shall be guided by the following criteria:

1. The purpose served by the ownership, possession, custody, control or maintenance of the animal in relationship to the needs of the community.

2. Provisions for sanitation and safety and for securing the animal.

3. The risk of odors and noise.

4. Prior compliance by the applicant.

D. The City Manager may require a report and investigation from the animal control officer or any other City officer or department before determining whether to issue or deny a permit, including but not limited to the Health Officer, the City Police Department and the City Fire Department.

E. All permits issued by the City Manager shall be subject to revocation upon notice by mail to the holder of the permit, and after a noticed hearing; provided, however, the City Manager may, in his discretion, provide for a suspension of said permit pending the hearing on the revocation thereof. No permit issued shall create any vested rights in the holder thereof. All permits shall be issued on a yearly basis and shall expire, unless renewed at the request of the applicant, on December 31st of each calendar year.

F. The City Council may impose a reasonable fee for the issuance or renewal of a permit, said fee to be established by resolution of the City Council.

G. A violation of this section constitutes a public nuisance which may be abated in accordance with the laws and ordinances regulating the abatement of a public nuisance. (Ord. 2008-8 § 1, 12-9-2008; Ord. 82-7, 12-14-1982)

9.02.110 Animal Services Director.

A. Supervisory Authority. The animal control center and personnel of the Department of Animal Services shall be under the supervision of the Animal Services Director.

B. Duties. The Animal Services Director is primarily responsible for the enforcement and administration of this chapter. His duties shall include but not be limited to the following:

1. To administer the animal control center and keep such records as may be required by the City.

2. To take up and impound animals when authorized by this chapter.

3. To remove and dispose of the carcass of any animal found on any public highway, street, alley or any other public place in the unincorporated area of the County.

4. To quarantine animals and to cooperate with the County Health Officer.

5. To administer licensing programs as delegated by the licensing authority. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.120 Animal restraint.

A. No owner of any animal, wild or domestic, except the domestic cat, shall permit or suffer the animal to:

1. Be off a leash or to be restrained by a leash which is more than eight feet in length, except that an animal need not be on a leash while it is on the premises of its owner nor while on other private property with consent of the owner.

2. Enter upon private property without consent of the owner of the private property.

3. Habitually make loud noises.

4. Act in such other manner so as to constitute a public nuisance.

B. Nothing in this section shall prohibit the use of animals on school property for teaching, use of the blind or other school purposes when permitted by school officials, or require a person to keep any animal in his possession on a leash if at the time the animal is restrained in a vehicle or cage. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.130 Animals in City parks.

A person may bring an animal into a City park subject to the following conditions:

A. The Chief of Police may refuse admittance or require removal of any animal.

B. Stake leash shall be no more than 15 feet.

C. Walking leash shall be no more than eight feet.

D. The preceding leash requirement shall not apply in areas designated by the Chief of Police or Director of Public Works for dog training or if the Chief of Police or Director of Public Works specifically authorizes the owner to engage in dog training. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.141 Dogs – License required – Tags – Rabies vaccination.

A. License Required. Every person who owns, possesses, harbors or controls any dog shall obtain a license before the dog reaches the age of five months. Within 30 days after any unlicensed dog over the age of four months is acquired or brought into the City, its owner shall obtain a license.

B. Tags. The licensing authority shall issue, upon proper application and payment of license fees, a serially numbered license tag stamped with the name of the City and the year of issuance. The owner shall provide a dog with a suitable collar or other device to which the license tag shall be attached. The Animal Services Director shall keep a copy of the application or other records sufficient to establish the identity of the person that owns or harbors the dog.

C. Rabies Vaccination Certificate Required. Each application for a dog license shall be on a form furnished by the licensing authority. An application for a license shall not be accepted unless a valid certificate of rabies vaccination by a licensed veterinarian covering the license period accompanies the application. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.142 Dogs – Exemption, guide dog.

Seeing eye dogs must be licensed, but a properly vaccinated seeing eye dog owned by a blind or partially blind person or a dog under one year old being trained especially for the purpose of guiding the blind shall be licensed without charges. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.143 Dogs – Exemption, licensed under another jurisdiction.

A dog brought into the City which has been licensed in another county or city within the State shall not be subject to licensing provisions of this section for so long as the license would be current and valid at its place of issuance or for one year, whichever is the lesser period. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.144 Dogs – Exemption, medical treatment.

Dogs brought into the City for the exclusive purpose of receiving medical care and in the custody of a licensed veterinarian need not be licensed. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.145 Dogs – Exemption, government ownership.

Dogs owned by a county, city or other public agency shall be licensed without charge. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.148 Litter permit.

A. No person shall cause or allow any dog or cat owned, harbored or kept within the City of Newman to breed without first obtaining a litter permit. The term “litter permit” means a written authorization, issued annually by the director of animal services or his or her designee, giving its lawful holder permission to breed a dog or a cat.

B. Each litter permit shall be valid for one year from the date of issuance, and may be renewed annually before its expiration date. Each applicant for a litter permit shall pay an annual fee set forth in the fee section of this title.

C. The Animal Services Department shall administer an animal litter permit program to allow the breeding of unaltered dogs and cats consistent with criteria and according to procedures established by the director of animal services. Under no circumstances shall such a litter permit be issued to a person who has been convicted of animal cruelty or neglect.

D. In addition to the criteria and procedures established by the Director of Animal Services, litter permits shall contain the following terms and conditions:

1. The owner of an unaltered female dog or cat shall not allow the whelping of more than one litter per animal in any household within the permit year. Notwithstanding this provision, the Director of Animal Services or his or her designee is hereby authorized, upon application of a permittee, to allow on a one-time basis the whelping of up to two dog or cat litters per breeding animal within any domestic household within a permit year, if the permittee establishes, according to regulations promulgated by the Director of Animal Services, including a veterinarian verification of health status, that such breeding is required due to the health of the animal. In the event that a permittee is forced to euthanize a litter of dogs or cats, the Director of Animal Services or his or her designee may authorize the whelping of one additional litter of dogs or cats within the same permit year by the permittee;

2. No offspring may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least eight weeks and the offspring has received its first immunization against common diseases;

3. Any holder of a litter permit who advertises to the public the availability of any dog or cat for sale, adoption, or transfer, whether for compensation or otherwise, must prominently display the litter permit number in any such advertisement. Further, the litter permit holder must provide the permit number to any person who purchases, adopts or receives any animal from the permit holder and include the permit number on any receipt of sale or transfer document;

4. Commercial establishments selling locally bred dogs or cats shall prominently display the litter permit number(s) of the breeder(s) whose dogs and cats are sold in such establishments and any other pertinent information required by the Director of Animal Services or his or her designee; commercial establishments selling dogs and cats which were not bred within the City of Newman shall prominently display the name and address of the breeder(s) of such dogs and cats and any other pertinent information required by the Director of Animal Services;

5. Any litter permit holder selling or otherwise transferring a dog or cat, whether for compensation or otherwise, shall maintain records for a period of three years containing the name, address, and telephone number of the animal’s new owner on a Department of Animal Services approved form;

6. Any litter permit holder or commercial establishment which sells or otherwise transfers a dog or cat, whether for compensation or otherwise, shall provide to the new animal owner written information regarding the license and permit requirements of the City of Newman applicable to such animal; and

7. Any litter permit holder shall have his/her dog or cat microchipped or have some other form of identification acceptable to the Department of Animal Services and shall register the dog or cat with the Department of Animal Services.

E. The following animals are exempt from the litter permit requirements:

1. Dogs documented as having been appropriately trained and actively used by law enforcement agencies for law enforcement and rescue activities;

2. Dogs documented as guide, signal, or service dogs pursuant to California Penal Code Section 365.5(d), (e) and (f) and successor sections;

3. Dogs and cats under the care of governmental animal control agencies; animal rescue organizations which have demonstrated to the Department of Animal Services that they have implemented an ongoing spay/neuter plan, as well as an adoption plan; or humane societies or societies for the prevention of cruelty to animals, if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110, and successor sections.

F. The animal services fees and fines referred to and applied in this title are set forth in the current City of Newman Police Department animal services fee schedule, which is periodically reviewed. (Ord. 2011-1 § 1, 2-22-2011)

9.02.151 Kennels – License required.

No person shall, without first obtaining a license, keep, conduct or operate any dog kennel, cat kennel, pet shop, zoo, animal rental establishment, riding academy, livery stable, boarding stable, pony ride, livestock auction or market, rodeo, pet show, animal exhibition or any other use of animals for a commercial or noncommercial purpose. No license shall be required for any animal show or a use of animals which is sponsored and controlled by an organization which, under the discretion of the Animal Services Director, has proper rules and procedures to prevent the abuse of animals. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.152 Kennels – License, in lieu of individual licenses.

In lieu of securing the license required by NCC 9.02.141 for each of the dogs in a kennel, a person owning or operating a kennel may obtain a kennel license covering all of the dogs in the kennel. Provisions of NCC 9.02.290 regarding vaccination for rabies shall be adhered to. Dogs owned or controlled by the kennel operator which are allowed outside the confines of the kennel shall be individually licensed as required by NCC 9.02.141. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.153 Kennels – License application form.

Each application for a kennel license or other animal establishment license shall be upon a form furnished by the licensing authority. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.154 Kennels – License, posting.

All licenses under this chapter shall be kept posted in a conspicuous place on the premises. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.155 Kennels – License operating requirements.

Upon filing an application for an original or a renewal kennel or animal establishment license, the licensing authority shall issue such license only after certification by the Animal Services Director that:

A. The keeping of animals, or the conduct or operation of business for which the license is requested and at the place set forth in the application will not violate any law or any regulation adopted pursuant to NCC 9.02.040.

B. The conduct or operation of the activity will not endanger the health, peace or safety of the community.

C. The premises where animals are to be kept are clean and sanitary, and that animals will not be subjected to suffering, cruelty or abuse.

D. The applicant has not had a similar license revoked within one year prior to the application. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.156 Kennels – License, suspension or revocation.

The licensing authority may revoke or suspend any license issued under this chapter upon recommendation of the animal control officer or Health Officer if it is found that the licensee, his agent or employee has been convicted of any offense involving a violation of California Penal Code Sections 596, 597 and 599 or is in violation of this chapter or of any regulation adopted pursuant to NCC 9.02.040. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.160 Dangerous animals.

A. Investigation. Whenever an animal suspected of being vicious is reported, the Animal Services Director or Health Officer shall investigate the circumstances. He or she may order that the animal be kept within a substantial enclosure, securely leashed or otherwise controlled. If the owner cannot provide restraint, the animal shall be temporarily impounded at the expense of the owner. At any time after seven days’ impoundment for such purpose, the Animal Services Director may, in his or her discretion, apply the provisions of NCC 9.02.190 through 9.02.270.

B. Impoundment Authorized. If upon receiving written notification the owner fails to restrain or control a vicious animal as ordered, the owner is in violation of this chapter and the Animal Services Director is empowered to seize and impound or destroy the animal. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.170 Dead or abandoned animals.

A. Abandonment Unlawful. It is unlawful for any person to abandon any animal whether dead or alive.

B. Dead Animal Disposal. The owner of a dead animal shall, within a reasonable time, provide for the burial, incineration in a manner approved by the animal control officer or other disposition of the carcass in a safe and sanitary manner. The owner may request the animal control officer to dispose of the animal at a fee fixed by resolution by the City Council. The animal control officer shall be responsible for disposal of all dead animals whose ownership cannot be established. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.180 Licensing.

A. No person shall possess any animal not commonly kept or raised in the City as a domesticated animal and which is or may be, in the opinion of the Animal Services Director, dangerous to the health and safety of any person, without first obtaining a license for the possession of the animal.

B. If the possession of the animal does not violate any Federal or State law or zoning ordinance, a dangerous animal license may be issued.

C. Each application for a dangerous animal license shall be upon a form furnished by the licensing authority.

D. All licenses issued under this chapter shall be kept posted in a conspicuous place on the premises where the animal resides.

E. Upon filing an application for an original or a renewal of a dangerous animal license, the licensing authority shall issue such license only after certification by the Animal Services Director that:

1. The keeping of a dangerous animal for which the license is requested, and at the place set forth in the application, will not violate any law or regulation;

2. The keeping of the dangerous animal will not endanger the health, peace or safety of the community;

3. The premises where the dangerous animal or animals are to be kept are clean and sanitary, and that the animals will not be subjected to suffering, cruelty or abuse; and

4. The applicant has not had a similar license revoked within one year prior to the application.

F. Any license issued for a dangerous animal may be subject to such additional conditions as may be required by the Animal Services Director.

G. A license shall not be issued or, if issued, shall be revoked, where, in the opinion of the Animal Services Director, the possession of the dangerous animal will endanger the health and safety of one or more persons.

H. In the event that a license is denied or revoked, the owner shall, within the time designated and under the conditions required by the Animal Services Director, dispose of the unlicensed animal. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.190 Impoundment.

A. Authorized. Any animal which the animal control officer has reasonable cause to believe is engaged in activities or existing in a condition prohibited by this chapter shall be impounded.

B. Notice Required – Form – Service.

1. Except as otherwise provided in this chapter, no animal impounded shall be disposed of until and after notice is given by the animal control officer to the owner of the impounded animal, if he is known.

2. The notice to the owner shall be in writing and shall contain a description of the animal impounded and the license tag number if available.

3. Notice to the owner may be served by delivering a copy to the owner of the animal personally, or by sending a copy by mail to the address provided on the application for license, or if the animal is unlicensed then to the owner’s place of residence or last known address.

4. Service of notice by mail is deemed complete on the day after such mailing. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.200 Notice, unlicensed tattooed animal.

If an impounded animal bears an identification tattoo but has no license tag and the owner is unknown, the notice provided in this chapter shall be given to the Stanislaus County Humane Society. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.210 Duration of impoundment.

A. Licensed Dog. All impounded dogs found wearing a current license tag or bearing an identification tattoo shall, unless sooner redeemed, be kept in the animal control center for a period of not less than seven days after notification.

B. Unlicensed Dog. All impounded dogs found not wearing a current license tag shall, unless sooner redeemed, be kept in the animal control center for a period of not less than four days.

C. Livestock. Any impounded animal which is of a kind referred to in Section 17003 of the Agriculture Code (bovine animal, horse, mule or burro) shall be kept in the animal control center for at least five days, unless it is redeemed within that period. If the animal is a bovine animal and is not redeemed, it shall be turned over to the State Bureau of Livestock Identification for disposition by that office.

D. Other Animals. Any other impounded animal shall, unless sooner redeemed, be kept in the animal control center for at least four days. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.220 Voluntary surrender.

Any animal which is voluntarily surrendered to or deposited with the animal control center or the animal control officer by the owner shall immediately thereafter become the property of the City for the purposes of NCC 9.02.250 and 9.02.260. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.230 Disposition of injured animal.

A veterinarian who received an injured animal under the provisions of Section 597(f) of the Penal Code shall promptly notify the animal control officer of this disposition of such animal, and if the animal is given care and treatment, the waiting period before destruction of the animal shall be the same as the duration of impoundment provided by this chapter. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.240 Owner redemption.

The owner or person entitled to custody or control of any impounded animal may, at any time before the sale or disposition of the animal, redeem such animal upon complying with the conditions and paying the fees established by resolution of the City Council. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.250 Disposal authorized.

Except as otherwise provided in this chapter, an impounded animal which is not redeemed within the specified holding period shall be considered to be abandoned by its owner and shall become the property of the City. Such animal may be sold, destroyed or otherwise disposed of as authorized by resolution of the City Council. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.260 Sale of animal.

If an animal is sold, the purchaser shall acquire ownership and all rights to the animal as evidenced by the bill of sale signed by the animal control officer. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.270 Diseased or injured animal.

Notwithstanding any provisions of this chapter, an impounded animal which is determined by the Health Officer or a veterinarian to constitute a health or safety hazard shall be destroyed or otherwise disposed of without delay by the animal control officer or the veterinarian. An impounded animal which is determined by a veterinarian to be suffering extreme pain due to disease or injury, and there is no reasonable probability that the animal will recover from its disease or injury, may be destroyed without delay by the animal control officer or the veterinarian. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.280 Rabies control.

A. Quarantine.

1. The animal control officer shall assure that all animals falling into the following categories are isolated or quarantined at the place and under the conditions prescribed by the Health Officer and pertinent State laws and regulations:

a. Known rabid animals;

b. Suspected rabid animals;

c. Animals that have bitten or otherwise exposed a human to rabies;

d. Animals of a species subject to rabies, which have been bitten by a known rabid or suspected rabid animal or have come in close contact with a rabid or suspected rabid animal.

2. It is unlawful for the owner or keeper of an animal to violate any of the conditions of isolation or quarantine prescribed by the Health Officer.

B. Carcass Delivery. Upon the death of any rabid animal, clinically suspected rabid animal, or animal which has bitten or otherwise exposed a human to rabies, the animal control officer shall obtain and turn over to the Health Officer the carcass of such animal or an adequate specimen thereof.

C. Epidemic, Declaration. The Health Officer may determine and declare that a rabies epidemic or other unusually dangerous health situation exists among dogs or other animals in the City, or in any part thereof. Upon making such a declaration, the Health Officer shall prepare and promulgate, with the approval of the City Council, such rules and regulations as may be necessary for the control of persons and animals within the area where the dangerous conditions exist.

D. Epidemic Rules Enforced. It shall be the duty of the animal control officer to comply with all directives of the Health Officer in the enforcement of the rules and regulations. The rules and regulations, when adopted, shall become and thereafter be a part of this chapter. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.290 Vaccination.

A. Required. Every dog shall have a medically current vaccination with an antirabies vaccine approved by the Health Department of the State. The vaccination shall be administered by a veterinarian or as provided through City- or County-recognized clinics, and a certificate of vaccination shall be issued to the owner. The certificate of rabies vaccination which accompanies the license application shall be valid if in compliance with the following immunization schedule:

1. Primary Immunization. Primary immunization shall be defined as the initial inoculation of an approved canine rabies vaccine administered to young dogs between the ages of four to 12 months.

2. Revaccination Intervals. The interval for revaccination of dogs administered primary immunization between the ages of four to 12 months will be 12 months. The interval for primary or revaccination of dogs administered rabies vaccine over the age of 12 months shall be at least once every three years.

B. Exemption. Notwithstanding the provisions of subsection (A) of this section, no dog need be vaccinated for rabies where a licensed veterinarian has certified that the vaccination would endanger the dog’s health and the Health Officer endorses on the certificate his approval. The certificate must bear the date of issuance and must be renewed each year.

C. Public Clinic. The Health Officer, in cooperation with the Animal Services Department and the animal control officer, shall establish public dog vaccination clinics at least once each calendar year. The charge for vaccination at such clinics shall not exceed the actual cost involved. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.300 Animal bite.

A. Victim Report. Any person, or parent or guardian of such person, or an owner of an animal bitten or scratched by an animal of a species subject to rabies shall immediately report such incident to the Health Officer or the animal control officer.

B. Animal Bite Medical Report. Every veterinarian and every person providing professional medical treatment for an animal bite by an animal of a species subject to rabies shall immediately notify the Health Department whenever rabies is suspected. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.305 Disturbing the peace.

It shall be unlawful for any person owning, possessing, controlling, or keeping any dog to disturb the peace and quiet of any citizen of the City. It is unlawful for any person to willfully make or continue, or cause to be made or continued, any noise which unreasonably disturbs the peace and quiet of any neighborhood. The term “any citizen” shall mean and include a prudent or reasonable individual, of ordinary sensibility, exercising reasonable care under the totality of the circumstances whose peace is disturbed by such animal(s).

Keeping or maintaining, or permitting to be kept or maintained, upon any premises owned, occupied, or controlled by any person any animal which, by any frequent or long continued noise, shall cause annoyance or discomfort to two or more reasonable persons of normal sensitiveness who reside in separate residences (including apartments and condominiums). At certain levels, sounds are detrimental to the health and welfare of the citizenry and, in the public interest, shall be systematically proscribed. Any noise which is audible continuously for 10 minutes or intermittently for 30 minutes shall be prima facie evidence of such annoyance or discomfort. Factors which can be used to evaluate excessive animal noise include, but are not limited to, (A) the time of day; (B) the pitch; (C) the pattern; (D) the duration; and (E) the frequency of occurrence.

The provisions of this section and the remedies contained herein shall be cumulative and are not intended to replace any otherwise available remedies for public, private or mixed nuisance, nor any other civil or criminal remedies otherwise available.

A. When one citizen complaint of a noise disturbance is received, Animal Services and Control Officer(s) will establish that the animal is properly licensed with the City of Newman, if applicable, and advise the owner to quiet the animal or remove it from the City limits.

B. When the second complaint is received from a citizen, officer(s) will establish that the complaint is coming from two affected premises and will have both parties sign and complete a barking dog complaint form.

C. Once a barking dog complaint form has been completed, the first offense is a fine of $100.00, the second offense within six months is a fine of $250.00, the third offense within 12 months is a fine of $500.00 and a hearing by the Police Chief or his/her designee will be held to determine if the dog is a public nuisance and needs to be removed from the residence. (Ord. 2011-4, 6-28-2011)

9.02.310 Unlawful use of animals – Games prohibited.

It is unlawful for any person, firm or corporation to offer to the public that game known as “loopaduck,” or other game employing live animals, whether for consideration or otherwise, regardless of whether merchandise, money or other premiums are given as a reward. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.320 Administration.

A. Department of Animal Services Records. The Animal Services Director shall keep records concerning the operation of the animal control center as prescribed by regulations established pursuant to NCC 9.02.040.

B. Information on Animal Care. The Animal Services Director is authorized to distribute to the people of the City brochures and information pertaining to care and control of animals.

C. Appeal of Administrative Decisions. Any person aggrieved by any decision or action resulting from the application of this chapter may appeal to the City Council. Such appeal must be in writing and must be received by the City Clerk not more than 15 days after such decision or action.

D. License Renewal or Suspension. Whenever provision is made in this chapter for a license or permit, such license or permit shall be renewed annually thereafter or at the next succeeding regular renewal date and annually thereafter as provided by the licensing authority. The Animal Services Director or the Health Officer may revoke or suspend a license whenever such action is necessary to protect the public health and safety or to accomplish the purpose of this chapter. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.330 Violation – Penalty.

A. Infractions. Any person violating any provision of NCC 9.02.020 through 9.02.270 is guilty of an infraction, and upon conviction thereof is punishable by a fine of not more than $250.00.

B. Misdemeanors. Any person violating any provision of NCC 9.02.280 through 9.02.310 is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not more than $500.00 or by imprisonment of not more than six months, or by both such fine and imprisonment.

C. Each Day a Separate Offense. Every person violating any provision of this chapter shall be deemed guilty of a separate offense for each day, or portion thereof, during which such violation continues.

D. The City may choose to proceed with violations of provisions of NCC 9.02.020 through 9.02.310 as an administrative offense and impose fines established by City Council resolution. (Ord. 2008-8 § 1, 12-9-2008; Ord. 91-5, 4-9-1991)

9.02.340 Vicious dog abatement hearing procedure.

A. Purpose and Intent. The provisions of this section provide an administrative procedure by which dogs within the City found to be vicious and a public nuisance may be abated following a hearing at which oral and documentary evidence is considered. This section is intended to supplement rather than supplant any other remedy available either under State law or this City code.

1. Vicious Dog Defined. Any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is presumed vicious:

a. An attack which requires a defensive action by any person to prevent bodily injury or property damage, when such person is conducting himself or herself peacefully and lawfully.

b. An attack which results in property damage or in an injury to a person, when such a person is conducting himself or herself peacefully and lawfully.

c. An attack on another animal, livestock, or poultry which occurs on property other than that of the owner of the attacking dog.

d. Any behavior which constitutes a threat of bodily harm to a person when such person is conducting himself or herself peacefully and lawfully.

For purposes of this section, a person is conducting himself or herself peacefully and lawfully upon the private property of an owner or possessor of the dog when he or she is on such property in the performance of any duty imposed on such person by State or local law or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation, either expressed or implied.

2. Investigation. Any incident reported to the Newman Police Department concerning a vicious dog shall be investigated by the Police Chief, or his/her designee. The investigation shall consist of reports of officers made at the time of the incident, or follow-up reports. If, based on the investigation, the Police Chief concludes that there is probable cause to believe that the dog is vicious, he/she shall so certify in writing within 10 working days following completion of the investigation to the person owning or controlling the dog. Thereafter, a hearing shall be held pursuant to subsections (A)(4), (5), and (6) of this section.

3. Confinement of Dog. If the Police Chief certifies that there is probable cause to believe that a dog is vicious and a risk to public safety, he/she may direct any animal control officer, police officer or other authorized employee of the City to enter the yard of any private residence or business in order to seize any such dog, whether running at large or not, and confine said dog at an appropriate animal shelter pending the decision of the City Manager following the hearing provided for in subsections (A)(4), (5), and (6) of this section. The cost of said confinement shall be paid by the person owning or controlling such dog. The dog shall not be released until such costs have been paid in full.

4. Hearing Schedule. A hearing date shall be set not later than 10 working days from the date of certification. The City Manager shall mail or otherwise deliver to the owner or person controlling the dog and other interested persons, including, but not necessarily limited to, all properties within 300 feet of the address of the owner or person controlling the dog, at least five working days prior to the date set for hearing, a notice in substantially the following form:

NOTICE OF HEARING REGARDING
VICIOUS DOG

TO:________________________ (name)

_________________________(address).

NOTICE IS HEREBY GIVEN that pursuant to the provisions of NCC 9.02.340 of the Newman City Code, the Police Chief has certified that there is probable cause to believe a dog (breed), owned or controlled by you, is vicious.

FURTHER NOTICE IS HEREBY GIVEN that on _______ the ______ day of _______, 20___, at the hour of _____ o’clock, in the offices of the City Manager,

City Hall, 1162 Main St., Newman, California, the report of the Police Chief will be considered by the City Manager or an appointed hearing officer with such other oral and documentary evidence bearing upon the question of whether your dog is vicious. You may appear and may present evidence at the hearing. You may also be represented by an attorney. If you fail to appear without giving notice to the City Manager, the matter may proceed in your absence and such absence may be further considered a waiver of your right to present evidence and object to any decision made.

In the event your dog is found to be vicious, it will be ordered to be controlled, confined, destroyed, restricted, or otherwise abated as a public nuisance and any impoundment cost incurred shall be assessed against you.

A copy of this notice has been sent to property owners within three hundred (300) feet of your address.

Dated: ___________

________________

City Manager

5. Hearing Procedure. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the dog is vicious. Any owner who fails to appear after notice as provided herein was given, without obtaining a continuance from the City Manager or an appointed hearing officer, may be deemed to have waived any right to introduce evidence or object to an order made by the City Manager. If the hearing is conducted by a hearing officer other than the City Manager, the hearing officer shall submit a report to the City Manager summarizing the evidence and making a recommendation as to disposition, within three working days.

6. Hearing Findings – Public Nuisance. If, based upon the hearing and the report of the hearing officer, if any, the City Manager upholds the findings of the Police Chief that the dog is vicious, the City Manager shall so specify in writing together with the reasons therefor. Any dog found to be vicious is hereby deemed a public nuisance and shall, pursuant to the order of the City Manager, be humanely destroyed, be removed from the City, or the nuisance otherwise abated by appropriate order of the City Manager including, but not limited to, confinement, fencing, muzzling or leashing. The decision of the City Manager shall be made within 10 working days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by certified mail or personally served upon the person owning or controlling the dog.

7. Cost of Impoundment. If the City Manager finds the dog is vicious, the costs of impoundment incurred by the City, including any abatement period, shall be paid by the owner or the person controlling the dog and shall become a lien against the real property upon which the dog was kept and maintained until said lien is paid. If the order includes the release of a dog found to be vicious to the owner or person controlling it, the dog shall not be released until such costs have been paid in full. If such costs have not been paid within 30 calendar days after the date of mailing or delivery of the order, the City Manager may dispose of the dog in any manner provided by law, or return the dog and pursue alternative collection procedures. The total amount of the impoundment charges may be entered on the next fiscal year tax roll as a lien against the property upon which the dog was maintained and shall be subject to the same penalties as are provided for other delinquent taxes, liens or assessments of the City, or an action may be brought in the name of the City to recover the costs of impoundment.

8. Criminal Sanctions. The first violation of any order issued pursuant to subsection (A)(6) of this section shall constitute an infraction. The second and any further violations within 24 months of the order shall be misdemeanors. (Ord. 2008-8 § 1, 12-9-2008; Ord. 96-6, 7-23-1996)