Chapter 3
ANIMALS AND FOWL

Sections:

Article I. In General

3-1.    Running at large generally – Noise creating a public nuisance.

3-2.    Riding, etc., animals over Colusa drawbridge.

3-3.    Permitting, etc., animals to estray; driving, etc., animals not hitched to vehicles upon certain public highways.

3-4.    Leading animals behind automobiles.

Article II. Dogs

Division 1. Generally

3-5.    Short title.

3-6.    Definitions.

3-7.    Dog leash requirements.

3-8.    Dogs running on lands of nonowner/custodian.

3-9.    Same – Female dogs in season.

3-10.    Construction and maintenance of kennels; removing dogs from kennels.

3-11.    Interfering with, etc., animal control, etc.

3-12.    Applicability of article to certain nonresident dogs.

Division 2. Licenses

3-13.    Required – Fees.

3-13.1.    Waiver of fees.

3-14.    Issuance – License period.

3-15.    Kennel licenses – Required – Fee.

3-16.    Same – Compliance with article prerequisite to issuance.

3-17.    Repealed by Ordinance No. 294.

3-18.    Sale of licenses by persons other than county animal control officer(s).

3-19.    License application, form and tags generally.

3-20.    License tag to be attached to collar of dog.

3-21.    Obtaining new license when original tag lost.

3-22.    Unauthorized removal of license tag, etc.

3-23.    Use of counterfeit or unauthorized license tag.

3-24.    Keeping, etc., unlicensed dogs and kennels.

Division 3. Impounding and Rabies Control

3-25.    County animal control generally.

3-26.    Repealed by Ordinance No. 294.

3-27.    Repealed by Ordinance No. 294.

3-28.    Monthly report and disposition of fees, etc.

3-29.    Sale or donation of animals for research prohibited.

3-30.    Supervision and powers and duties of animal control office.

3-31.    Unlicensed, etc., dogs to be impounded, etc.

3-32.    Redemption of impounded dogs generally – Pound fees, etc., generally.

3-33.    Rabies control – Duties of dog owner, etc.

3-34.    Repealed by Ordinance No. 294.

3-35.    Same – Vaccination required – Impounding etc., of unvaccinated dogs generally.

3-36.    Same – Redemption of dogs vaccinated while impounded.

3-37.    Same – Vaccinated dogs to wear vaccination tag.

Article III. County Trappers

3-38.    Creation and designation of position – Qualifications generally.

3-39.    Appointment – Term – Duties generally.

3-40.    Monthly report.

As to running over, etc., domestic animals, see § 12-11 of this Code.

Article I. In General

For state law as to animals generally, see Gov. C., § 25800 et seq.

3-1 Running at large generally – Noise creating a public nuisance.

(a)  It is unlawful for any owner or person having charge of any horse, mule, jenny, ass, bull, cow, steer, calf, sheep, goat, hog, chicken or other fowl or animal to turn out, cause, allow or permit the same to trespass or estray within any unincorporated city or town, or within one mile of such city or town, in the county or to allow such fowl or animals to run on the lands of another without the written permission of the owner of such lands.

(b)  Excluding noise from property not zoned for residential purposes, it shall be unlawful for any person owning or having control of one or more of any fowl or animal, either willfully or through failure to exercise proper control, to allow such fowl or animal to habitually bark, howl, crow, or make any other loud noises in such a manner as to at any time, day or night, cause general annoyance or discomfort to a neighboring inhabitant. The standard of general annoyance or discomfort is a “reasonable person” standard; i.e., the noise is such that a reasonable person, under the same or similar circumstances, would suffer annoyance or discomfort.

(c)  Evidence of a violation may be based upon complaints from neighboring inhabitant(s), hereby defined as persons living within two hundred yards of offending property owner or keeper’s premises, or if said fowl or animal wanders outside of said premises, within two hundred yards of any place where such fowl or animal wanders outside of said premises. If there is more than one neighboring inhabitant, as defined above, evidence of a violation requires complaints from at least two neighboring inhabitants living in separate residences. If there is only one neighboring inhabitant, evidence of a public nuisance may be based on a complaint from only one person in that household.

(d)  Upon receiving an initial complaint from any person, either orally or in writing, the owner(s) or keeper(s) of the fowl or animal that may be violating this section will be sent a courtesy abatement letter. The letter will notify the owner(s) or keeper(s) that Colusa County animal control has received a complaint or complaints regarding their animal(s) that may be in violation of this section, describing the substance of the complaint. The letter will also explain they must correct the nuisance within two weeks of the notification or be subject to citation under this code. Upon sending out the initial courtesy abatement letter, animal control personnel will enter the date and address of the animal owner or keeper in the nuisance animal letter log that is kept on file.

The animal control officer will follow up with the original complainant at the end of the two-week period. If the nuisance has not been adequately abated the owner(s) of the fowl or animal may be cited.

(e)  This section is enforceable in the same manner provided under Chapter 42, Code Compliance Provisions. (Ord. No. 84, §§ 1, 3; Ord. No. 702.)

3-2 Riding, etc., animals over Colusa drawbridge.

It is unlawful for any person to drive or ride any animal faster than a walk over the Colusa drawbridge. (Ord. No. 43, § 1.)

3-3 Permitting, etc., animals to estray; driving, etc., animals not hitched to vehicles upon certain public highways.

It is unlawful for any owner of, or person having charge of any animal to cause, allow or permit the same to estray or to drive, or be driven without being hitched to a vehicle, upon the main public highway within any unincorporated city or town in the county. The main street or highway, upon which it is unlawful to cause, allow or permit such animals to estray, drive or be driven, shall be marked at each entrance to such unincorporated town, by the following sign:

No animal or animals of any kind, or harvesters or gasoline engines, allowed to pass upon or over this highway

Any justice of the peace of the county shall have jurisdiction of the violations of this section, for the trial thereof, and the imposition of judgment. (Ord. No. 90, §§ 1, 4.)

3-4 Leading animals behind automobiles.

It shall be unlawful for any owner or person having charge of any animal to cause, allow or permit the same to be led behind any automobile by tying or holding the same by a rope, or by any means whatever, outside of any incorporated city or town, in the county.

Any justice of the peace of the county shall have jurisdiction of the violations of this section, for the trial thereof, and the imposition of judgment. (Ord. No. 88, §§ 1, 3.)

As to motor vehicles and traffic generally, see ch. 12 of this Code.

Article II. Dogs

For state law as to authority of county to tax the possessors of dogs, see Gov. C. A., § 25803. For state law as to rabies control, see H. & S. C. A., § 1900 et seq. For state law as to maintenance of public pounds, etc., see Gov. C.A., § 25802.

Division 1. Generally

3-5 Short title.

This article shall be known and may be referred to in all pleadings and proceedings as the “dog license regulations.” (Ord. No. 197, § 1.)

3-6 Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Dog. The word “dog” shall be interpreted to mean any domesticated animal of the canine family, including domesticated coyotes, wolves, or other wild species of the same.

Dog license. The term “dog license” shall refer to the license required to be annually issued for each individual dog.

Kennel license. The term “kennel license” shall be construed to mean an annual license issued to the owner or proprietor of each kennel wherein is maintained more than five dogs for breeding, training, treating, sale or other commercial purposes.

Owner. The word “owner” shall be construed to include any person who owns or controls, or harbors, or keeps in his possession any dog over the age of four months. (Ord. No. 197, § 3; Ord. No. 276, §§ 1, 2.)

3-7 Dog leash requirements.

No owner shall permit his dog to be in any area, other than on private property where the dog is maintained by or on behalf of its owner, unless the dog is securely restrained by a leash and the leash is held continuously in the hand of a responsible person capable of controlling such dog. This section shall not apply where the dog is:

(a)  Assisting a peace officer in law enforcement duties;

(b)  Under the control of a person engaged in hunting pursuant to a license issued under Section 3031 and following of the California Fish and Game Code;

(c)  Enrolled and actually participating in a dog training or obedience class, exhibition, or competition conducted by an organization with the permission of the owner or operator of the grounds or facility;

(d)  Actively herding livestock with the permission of the owner of the livestock being herded;

(e)  Physically present in a location subject to federal or state government law enforcement jurisdiction and not on privately owned property therein.

The term “leash,” as referred to in this chapter, means any rope, leather strap, chain or other material not to exceed six feet in length, of such strength and design to be capable of restraining the dog for which it is being used to lead or to restrain, to be held in the hand of a person capable of controlling and actually controlling the animal to which it is attached. (Ord. No. 742, § 2 (part).)

3-8 Dogs running on lands of nonowner/custodian.

Any owner or custodian of any dog which is running at large that causes injury through indirect or direct action to a human or domestic animal is guilty of either a misdemeanor or an infraction as shown by the particular facts of the incident. Nothing in this section precludes prosecution for any additional or more severe applicable state or federal criminal liability which may apply as a result of injuries, property damage or death resulting from the dog running at large. The following definitions apply to this section:

(a)  “At large” means a dog located off the premises of its owner or custodian and not under physical restraint by the owner or custodian.

(b)  “Dog at large causing injury” means a dog off the premises of its owner or custodian as outlined in the definition of “at large” in subsection (a) of this section, which directly or indirectly causes or inflicts injury to any person or domestic animal. “Injury” is described as a wound or other type of injury which requires medical treatment, such as (but not inclusive of) muscle tears, lacerations requiring sutures, puncture wounds, broken bones, or surgery. (Ord. No. 742, § 2 (part).)

As to animals running at large generally, see § 3-1 of this Code.

3-9 Same – Female dogs in season.

It shall be unlawful and a misdemeanor for any person, if an owner, as defined by section 3-6, of any unspayed female dog to cause or permit or allow the same to stray or run in any other manner be at large in or upon any public street, lane, alley, court or other public place in the county while such female dog is in the copulating season. (Ord. No. 197, § 18.)

3-10 Construction and maintenance of kennels; removing dogs from kennels.

All kennels, or other places where dogs are kept in the county for breeding, training, treating, sale or other commercial purposes shall be so constructed as to prevent dogs confined therein from running at large off the premises where such kennel is maintained and shall be maintained, operated and constructed in a sanitary and proper manner so that the same shall not become a nuisance to the neighborhood thereof. No dog shall at any time be taken except under leash or under the control of the owner or his agent from the premises whereon such kennel is operated, and the owner, his agents or employees who shall run or take dogs off the premises of such kennel, or permit them to be run or taken therefrom except as herein provided, shall be guilty of a misdemeanor. (Ord. No. 197, § 5.)

3-11 Interfering with, etc., animal control, etc.

It shall be unlawful and a misdemeanor for any person to interfere with, oppose or resist any animal control officer or other person authorized under the provisions of this article to take up and impound dogs, while such animal control officer or other person is engaged in the performance of any act authorized by this article. (Ord. No. 197, § 18; Ord. No. 569 (part).)

As to county animal control generally, see § 3-25 et seq. of this Code.

3-12 Applicability of article to certain nonresident dogs.

Notwithstanding anything to the contrary set forth in this article, it shall not be unlawful for any person to bring into the county a dog for a period not exceeding twenty days in any one year, which has been licensed by a municipality or other political subdivision of the state, provided that such dog shall have such license attached to it as provided by this article for the attaching of licenses issued under this article. (Ord. No. 197, § 21.)

Division 2. Licenses

As to licenses generally, see ch. 10 of this Code.

3-13 Required – Fees.

The owner of any dog over the age of four months shall procure a license for such dog annually, and shall pay for such license in accordance with the schedule of fees set by resolution of the board of supervisors. (Ord. No. 276, § 2; Ord. No. 294, § 1.)

3-13.1 Waiver of fees.

Notwithstanding the provisions of section 3-13, license fees for signal dogs for the disabled; and license fees for public agency canines are hereby waived. (Ord. No. 494.)

3-14 Issuance – License period.

The license required by section 3-13 shall be issued on the payment of the fees so fixed by the board of supervisors for the period commencing July 1st, or on the date of such issuance and ending June 30th of the following year, and thereafter shall be void. No license shall be issued for any other period. (Ord. No. 276, § 2; Ord. No. 294, § 2; Ord. No. 569 (part).)

3-15 Kennel licenses – Required – Fee.

Every person owning or controlling a kennel or place where there are kept more than five dogs for breeding, training, treating, sale or other commercial purposes shall pay an annual license fee in accordance with the schedule of fees set by resolution of the board of supervisors. All dogs kept in such kennel or place shall be licensed in accordance with this article. (Ord. No. 197, § 4; Ord. No. 294, § 3.)

3-16 Same – Compliance with article prerequisite to issuance.

No kennel license shall be issued by the office of animal control until it has found that the kennel is operated or is to be operated in accordance with the provisions of this article. (Ord. No. 210, § 1; Ord. No. 294, § 4; Ord. No. 420, § 1 (part); Ord. No. 569 (part).)

3-17 Repealed by Ordinance No. 294.

3-18 Sale of licenses by persons other than county animal control officer(s).

The board of supervisors may approve by resolution the selling of dog licenses by persons other than the animal control officers. The board of supervisors shall fix the compensation for services of such persons by resolution. Such persons so appointed shall pay all fees collected by them to the office of animal control. (Ord. No. 210, § 1; Ord. No. 294, § 6; Ord. No. 420, § 1 (part); Ord. No. 569 (part).)

3-19 License application, form and tags generally.

(a)  The office of animal control is authorized and directed to have prepared suitable application forms for dog licenses, as provided for by this article, and license tags to be issued to the owners of dogs or persons having dogs in their custody and control or who harbor dogs, as required by this article. Such tags shall be metallic and shall have a stamp thereon bearing the name of the county and the year of issuance. They should be numbered serially, and each tag shall have its number stamped thereon.

(b)  The owner, or person harboring, controlling or having custody of any dogs as provided by this article, shall pay to the office of animal control, as provided by this article, the fee required, and shall procure such license and tag to a collar to be permanently worn by the dog for which the license was issued. The application forms hereinabove referred to shall bear the name of the dog, if any, and the age, sex, color and breed of dog for which license is applied, and shall be signed by the animal control officer(s) or his duly authorized agent. Upon the issuance of such license, the animal control officer(s) shall endorse upon such license form the number of the license tag issued in pursuance thereof. All such license forms so endorsed shall be filed in the office of animal control, and shall be at all times open for public inspection. It is hereby made the duty of the animal control officer(s) to collect in advance of the issuance of such license the fee herein required.

(c)  The cost of procuring the necessary tags and application forms for such licenses is declared to be a charge against the county. (Ord. No. 197, § 9; Ord. No. 294, § 7; Ord. No. 420, § 1 (part); Ord. No. 569 (part).)

3-20 License tag to be attached to collar of dog.

The license tag provided for by this article shall at all times be securely attached to the collar of the dog for which it is issued, and the owner of such dog who shall willfully fail, neglect or refuse to attach such tag to such dog after having procured the same, and to keep the same on the body of and attached to such dog at all times while such license is in force, shall be guilty of a misdemeanor. (Ord. No. 197, § 14.)

3-21 Obtaining new license when original tag lost.

In the event a license tag is lost from the body of any dog for which the same was issued, the owner shall, within ten days thereafter, procure another and new license for such dog, for which he shall pay a fee in accordance with the schedule of fees set by the board of supervisors. As often as any license is lost, the same shall be replaced in the same manner as hereinabove provided within the same license year. Any owner who fails to apply for a new license within ten days from the date of the loss of a license tag or who otherwise violates any provision of this section shall be guilty of a misdemeanor. (Ord. No. 197, § 15; Ord. No. 294, § 8.)

3-22 Unauthorized removal of license tag, etc.

It is unlawful and a misdemeanor for any person, if unauthorized, to remove from any dog any collar or harness or other device to which a license tag is attached, for the current year, or to remove such license tag therefrom. (Ord. No. 197, § 18.)

3-23 Use of counterfeit or unauthorized license tag.

It is unlawful and a misdemeanor for any person to attach to or keep upon, or cause or permit to be attached to or kept upon any dog any license tag provided by this article, except a tag issued for such dog under the provisions of this article, or to attach to or keep upon, or cause or permit to be made, or to have in possession, any counterfeit or imitation of any tag provided for by this article. (Ord. No. 197, § 18.)

3-24 Keeping, etc., unlicensed dogs and kennels.

It is unlawful and a misdemeanor for any person to have, harbor, control or keep, or to cause or permit to be harbored or kept any unlicensed dog in the county, or to maintain, conduct or operate or to cause or permit to be maintained or operated in the county any unlicensed dog kennel. (Ord. No. 197, § 18.)

Division 3. Impounding and Rabies Control

For state law as to maintenance of public pounds, etc., see Gov. C., § 25802. For state law as to rabies control, see H. & S. C., § 1900 et seq.

3-25 County animal control generally.

There is hereby created and established in the county an office of animal control. The office of animal control shall have such deputies and assistants as the board of supervisors may from time to time provide, at such compensation as may be fixed by the board of supervisors by resolution. The board of supervisors shall from time to time make such provisions as they deem proper for the expenses incident to the enforcement of this article, for the transportation facilities of the office of animal control and for the expenses of impounding and feeding dogs and disposing of the same. (Ord. No. 197, § 10; Ord. No. 294, § 9; Ord. No. 420, § 1 (part); Ord. No. 569 (part).)

As to interfering with, etc., poundmaster, etc., see § 3-11 of this Code.

3-26 Repealed by Ordinance No. 294.

3-27 Repealed by Ordinance No. 294.

3-28 Monthly report and disposition of fees, etc.

The office of animal control shall keep an accurate record of all fees, costs and mileage collected in the discharge of duties under this article, and shall pay all of such funds into the county treasury for deposit into the general fund of the county. The office of animal control shall deposit such moneys monthly and shall render with the money, as deposited, an itemized statement of collection, which statement shall be filed and preserved by the county auditor. (Ord. No. 197, § 13; Ord. No. 294, § 11; Ord. No. 420, § 1 (part); Ord. No. 569 (part).)

3-29 Sale or donation of animals for research prohibited.

The animal control office shall not sell or donate any animal, however obtained, to any person, business or organization, public or private, for the purpose of research. (Ord. No. 577.)

3-30 Supervision and powers and duties of animal control office.

The board of supervisors shall appoint by resolution the department head who is authorized and empowered to supervise and direct the office of animal control in the performance of duties. Such duties are as follows:

(a)  Enforce all of the provisions of this article and all the laws of the state relating to the issuance of licenses, the impounding and destroying of the unlicensed dogs, and the impounding of any licensed dog found running at large in the county when the same is unlawful under the terms of this article;

(b)  Destroy all dogs not redeemed by any person as provided by this article;

(c)  Maintain and keep a pound or other place where dogs may be kept under restraint in a proper and sanitary manner, and feed and keep in a humane manner all impounded dogs. A dog impounded under the terms hereof shall be kept and maintained by the office of animal control for a period of seventy-two hours, after which, if a such dog is not redeemed or otherwise disposed of, it may be humanely destroyed by the office of animal control;

(d)  Cooperate with the county health officer for the prevention of rabies, the quarantine of all dogs or other animals suspected of having rabies and, upon the certificate of a qualified physician or veterinarian, destroy any dog or other animal forthwith infected with rabies;

(e)  The animal control officer(s) as designated are authorized, pursuant to the authority granted by Civil Code Section 607(g), to issue notices to appear in court for violation, within the unincorporated area of Colusa County, of any state or local animal control law. (Ord. No. 254, § 1; Ord. No. 294, § 13; Ord. No. 420, §§ 1 (part) and 2; Ord. No. 569 (part).)

3-31 Unlicensed, etc., dogs to be impounded, etc.

Any dog having no license tag attached to its collar as provided by section 3-20, whether a license shall have been issued for it or not, shall be seized and impounded by the office of animal control and be subject to all the penalties and requirements for redemption as provided by this article. (Ord. No. 197, § 16; Ord. No. 569 (part).)

3-32 Redemption of impounded dogs generally – Pound fees, etc., generally.

Any dog taken up and impounded under the terms of this article may be redeemed by the owner thereof within a period of seventy-two hours after such dog has been impounded upon the payment of such owner of all license fees due under this article, all vaccination fees due under this article, and fees for redemption, feed and mileage necessarily and actually traveled by the animal control officer(s) in the pursuing, catching and impounding of such dog, in accordance with the schedule of fees set by resolution of the board of supervisors. (Ord. No. 254, § 2; Ord. No. 294, § 19; Ord. No. 569 (part).)

3-33 Rabies control – Duties of dog owner, etc.

It shall be the duty of the owner of any dog or other animal within the county to immediately notify the county health officer or the county public health administrator of any symptoms or acts of such dog or other animal which would lead a reasonable person to suspect that such dog or other animal has rabies, and it shall thereupon be the duty of the county health officer to quarantine such dog or other animal. The owner shall thereupon abide by all proper orders for the protection of the public by confining such dog or other animal or tying it up at the direction of the county health officer or her/his agents, for the period of time required by the county health officer or her/his agents, during which time she/he shall allow the county health officer or her/his agents to make an inspection or examination of the animal. If it shall appear to the county health officer that such dog or other animal has rabies, the animal control officer(s) is hereby authorized to kill the dog or other animal forthwith. (Ord. No. 197, § 19; Ord. No. 294, § 20; Ord. No. 420, § 1 (part); Ord. No. 569 (part).)

3-34 Repealed by Ordinance No. 294.

3-35 Same – Vaccination required – Impounding etc., of unvaccinated dogs generally.

Every dog owner, after his dog attains the age of four months, shall at such intervals of time, not more often than once a year, as may be prescribed by the state department of public health, procure its vaccination by licensed veterinarian with a canine antirabies vaccine approved by and in a manner prescribed by the state department of public health. It shall be the duty of the animal control officer(s) to impound all dogs who have not been so vaccinated. A dog impounded pursuant to the terms hereof shall be kept and maintained by the office of animal control for a period of seventy-two hours. If such impounded dog is not vaccinated or caused to be vaccinated by the owner or agent of such owner pursuant to the provisions of Section 1920 of the Health and Safety Code and redeemed by the owner or agent of such owner from the office of animal control during the aforesaid seventy-two-hour period, such dog shall be humanely destroyed. (Ord. No. 254, § 1; Ord. No. 288, § 1; Ord. No. 569 (part).)

3-36 Same – Redemption of dogs vaccinated while impounded.

All dogs vaccinated while impounded may be redeemed upon payment of the fees provided for in the schedule of fees set by resolution of the board of supervisors, plus the cost of vaccination of such dog. (Ord. No. 254, § 1; Ord. No. 294, § 22.)

3-37 Same – Vaccinated dogs to wear vaccination tag.

All dogs who have been vaccinated pursuant to the provisions of Section 1920 of the Health and Safety Code or any amendments thereto shall have attached to their collar a metal tag showing the month and year of such vaccination. The absence of such metal tag attached to the collar of any dog shall be prima facie evidence that such dog has not been vaccinated pursuant to the provisions of Section 1920 of the Health and Safety Code. (Ord. No. 254, § 2.)

Article III. County Trappers

3-38 Creation and designation of position – Qualifications generally.

There is hereby created and established in the service of the county, the position of employment to be known and designated as “county trappers,” the qualifications for which position shall be subject to determination and control by the board of supervisors. (Ord. No. 240, § 1.)

3-39 Appointment – Term – Duties generally.

The positions of “county trappers” shall be filled by appointment by the board of supervisors, the persons so appointed serving at the pleasure and under the direction and supervision of the board. The duties of such position shall consist of the control and extermination within the county (by such means and methods as are sanctioned by law) of the following harmful predatory animals, namely, wolves, coyotes, foxes, cougars and wildcats. (Ord. No. 240, § 2.)

3-40 Monthly report.

Each person occupying the position of county trapper shall submit to the board of supervisors within the first ten days of each month, a written report covering the previous month, showing the number of each type of harmful predatory animals taken or destroyed by him, the location and date where each such harmful predatory animal was taken and destroyed and the disposition of each carcass. Such report shall be subscribed and made upon his oath. (Ord. No. 240, § 4.)