Chapter 8.01
GENERAL PROVISIONS

Sections:

8.01.010    Purpose.

8.01.020    Definitions.

8.01.030    Compliance with zoning requirements.

8.01.040    Applicability of State laws.

8.01.050    Animal Control Officer – Position created.

8.01.060    Enforcement.

8.01.070    Authority.

8.01.080    Entering on private property.

8.01.090    Warrants unnecessary.

8.01.100    Authority to arrest and to issue notices to appear.

8.01.110    Obstructing officers unlawful.

8.01.120    Use of equipment to impound and firearms authorized.

8.01.130    Liability of City.

8.01.140    Animal service fees.

8.01.150    Mutual aid authority.

8.01.160    Returning animals to known owners.

8.01.170    Removing animal from custody of Animal Control Officer or holding shelter without permission prohibited.

8.01.180    Violation.

8.01.010 Purpose.

A. The purpose of this chapter is to establish standards for the keeping of livestock and animals in a manner which will not endanger the health, peace, and safety of the citizens of the City and which will assure that the livestock, animals, fowl, and reptiles are kept in a clean and sanitary condition and not subject to suffering, cruelty, or abuse.

B. Supplemental to State law, this title shall in all respects be construed to supplement and harmonize with the provisions pertaining to the animal industry. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.020 Definitions.

For the purposes of this title, the following terms, phrases, words, and their derivations shall have the meanings given in this chapter, unless the context clearly indicates or requires a different meaning:

A. “A” Definitions.

1. “Adequate water” means that a constant access to a supply of clean, fresh, potable water is provided in a sanitary manner or is provided at regular intervals for the species; never, however, to exceed twenty-four (24) hours at any interval.

2. “Ambient temperature” means that temperature immediately surrounding the animal.

3. “Animal” includes birds, cats, dogs, fishes, fowl, rabbits, reptiles, equine, and bovine and the like, and all other nonhuman mammals.

4. “Animal Control Officer” means the Animal Control Officer or any other person authorized to enforce the provisions of this title.

5. “Animal shelter” means the Sacramento Society for the Prevention of Cruelty to Animals (SSPCA) shelter or any other facility designated by action of the City Council of the City of Elk Grove for the purpose of impounding and caring for all animals found in violation of this title, or surrendered to the City by their owners, and shall be a facility devoted to the welfare, protection, and humane treatment of all animals.

6. “At large” shall mean:

a. General. The presence of any animal when it is off the premises of its owner and not restrained by a leash or tether under the control of a person physically capable of retaining control of the animal, or when the animal is on the premises of its owner and not restrained by a leash, tether, fence, or other adequate enclosure sufficient to prevent ingress and egress of the animal or not under the control and/or the immediate presence of its owner;

b. For the purposes of this provision, “at large” shall mean outside a house, vehicle, or other enclosure adequate to prevent male dogs gaining access to the female dog.

B. “B” Definitions.

1. “Butcher” means bleeding, eviscerating, skinning, splitting, cutting, or carving the body or any portion of the body of an animal.

C. “C” Definitions.

1. “Cat” means any member of the feline species (Felis catus) customarily confined or cultivated by man as a pet.

2. “Commercial transaction” shall mean a bargained for exchange for consideration.

3. “Community cat” shall mean a cat whose needs are indirectly supplied by humans. Community cats live in a shelter provided by human habitation (e.g., industrial sites or farm sheds), and may acquire much of their food by scavenging (e.g., rubbish tip sites, feeding by residents).

4. “Coop” means a covered enclosure for the shelter of fowl.

D. “D” Definitions.

1. “Dog” means any member of the canine species (Canis familiaris) customarily confined or cultivated by man as a pet, but excludes other members of the family Canidae.

2. “Domestic animal” includes dogs, cats, and birds, as well as horses, donkeys, mules, burros, cattle, sheep, goats, swine, rabbits, and fowl commonly kept or raised as farm or livestock animals.

3. “Domestic bird” includes budgies, canaries, cardinals, cockatiels, cockatoos, conures, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots, sparrows, toucans, and weavers.

E. “E” Definitions.

1. “Euthanasia” means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that involves anesthesia, produced by an agent which causes the painless loss of consciousness and death during such loss of consciousness by injection.

2. “Exotic” means any animal not normally kept as a domestic or household pet, fowl, livestock, and the like, including lions, tigers, and monkeys.

F. “F” Definitions.

1. “Feral cat” shall mean a cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people. A feral cat is not socialized to people.

2. “Feral cat colony” or “colony” shall mean a group of cats that congregate more or less together as a unit, and although not every cat in a colony may be feral, any cats that congregate with a colony shall be deemed to be part of it.

3. “Feral cat colony caretaker” or “colony caretaker” shall mean any person who provides food, water, shelter, and humanely traps cats within the colony.

4. “Fowl” means any larger domestic bird such as a domesticated chicken, duck, goose, guinea fowl, peafowl, peacock, turkey, dove, pigeon, game bird, or similar bird intended for human consumption or for the production of eggs for human consumption.

G. Reserved for future use.

H. “H” Definitions.

1. “Harbored” means the feeding or sheltering of an animal for three (3) consecutive days or more.

2. “Horse” means an animal of the genus Equus, including horses, mules, donkeys, and burros.

3. “Household pets” means domestic animals ordinarily permitted in a place of residence, kept for company and pleasure, such as dogs, cats, domestic birds, guinea pigs, white rats, rabbits, mice, and other similar animals generally considered by the public to be kept as pets, excluding fowl.

I. Reserved for future use.

J. Reserved for future use.

K. Reserved for future use.

L. “L” Definitions.

1. “Livestock” means an animal kept for use on a farm and includes any swine, sheep, goat, horse, cattle, equine, or bovine animal.

2. “Lot” means a single parcel of land for which a legal description is filed of record or the boundaries of which are shown on a subdivision map or record of survey filed in the office of the Sacramento County Clerk-Recorder.

M. “M” Definitions.

1. “Microchip” means the injection of an identification chip below the skin of an animal by a veterinarian, registered veterinary technician, or other qualified staff.

N. Reserved for future use.

O. “O” Definitions.

1. “Owner” means a person who owns, possesses, harbors, or controls an animal. In the case of a minor, the parents or guardians of the minor shall be deemed the owner. All adults residing at the same property address shall be presumed to be the owner of any animal owned, possessed, harbored, or controlled on the property.

2. “Ownership” means any person, keeping, harboring, controlling, having custody of, or possessing one (1) or more animals for a period of not less than seventy-two (72) hours.

P. “P” Definitions.

1. “Person” means any individual, domestic or foreign corporation, partnership, association of any kind, trust, fraternal society, or cooperative.

2. “Pet” means any animal kept for pleasure rather than utility.

3. “Physical control” means any animal confined or restrained by a leash, chain, rope, or lead by a person of size and responsibility to adequately keep control of the animal or within the real property limits of its owner.

4. “Premises” means any lot or parcel of land owned, leased, or rented by a person.

5. “Property owner” shall mean the owner of record of the real property upon which the animal is located.

6. “Public nuisance” means any animal which either:

a. Molests passersby or passing vehicles;

b. Attacks other animals or humans;

c. Trespasses on school or park grounds;

d. Is repeatedly at large, not under the custody, control, or possession of the owner, or not properly confined on the owner’s property;

e. Damages public property;

f. Disrupts the peace by continuously and incessantly barking, howling, crying, yelping, baying, or making any other noise at any time during the day or night to the disturbance of any other person. “Continuous and incessant” is defined as frequent barking, howling, crying, yelping, baying, or any other noise of ten (10) minutes or more duration within a thirty (30) minute period; provided, that at the time of the complaint no person or persons were trespassing or threatening to trespass upon the private property of the owner or the animal was not being teased or provoked in any manner;

g. Is allowed to run at large while in the stage of heat;

h. Is allowed to defecate or urinate on public property or on private property without the consent of the owner.

Q. “Q” Definitions.

1. “Quarantine” means the isolation of any animal within a substantial enclosure to avoid its contact with other animals or unauthorized persons.

R. Reserved for future use.

S. “S” Definitions.

1. “Sanitize” means to make physically clean and remove and destroy to a practical minimum agents injurious to health.

2. “Service animal” shall mean any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purpose of this definition.

3. “Stall” means a covered enclosure or shelter, barn, stable, or other outbuilding for the shelter of livestock.

T. “T” Definitions.

1. “TNR” shall mean trap, neuter, and return.

2. “TNR program” shall mean a program in which feral and community cats are humanely trapped by the public or colony caretakers and brought to a veterinarian facility that is licensed by the State to be sterilized, vaccinated against rabies, and ear tipped. The cat is then returned to the location that is their original location in accordance with this chapter.

U. Reserved for future use.

V. “V” Definitions.

1. “Vaccination” means a protective inoculation against rabies with an anti-rabies vaccine recognized and approved by the Sacramento County Health Department.

2. “Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.

W. “W” Definitions.

1. “Wild animal” shall mean any of the following:

a. Any animal described in Sections 2116 and 2118 of the California Fish and Game Code;

b. Any animal described in any addition to Section 2118 of the Fish and Game Code, by regulation of the Fish and Game Commission as provided in Section 2118(j) and (k);

c. The following members of the Class Reptilia:

i. Order Ophidia (including racers, boas, water snakes, and pythons) over eight (8' 0") feet in length;

ii. Order Loricata (including alligators, caymans, and crocodiles) over three (3' 0") feet in length;

iii. Order Sauria (excepting iguanas) over three (3' 0") feet in length;

d. The following members of the Class Aves (birds):

i. Order Falconiformes (including hawks, eagles, and vultures);

ii. Subdivision Ratitae (including ostriches, rheas, cassowaries, and emus);

e. The following members of the Class Mammalia:

i. Order Carnivora, expressly excepting the domestic dog (Canis familiaris) and the domestic cat (Felis catus), but including the family Felidae (such as ocelots, margays, tigers, jaguars, leopards, and cougars) and the family Canidae (such as wolves, dingos, coyotes, and jackals);

ii. Order Marsupialia (such as kangaroos and opossums);

iii. Order Chiroptera (bats);

iv. Order Edentata (such as sloths, anteaters, and armadillos);

v. Order Proboscidea (elephants);

vi. Order Primata (including monkeys, chimpanzees, and gorillas);

vii. Order Ungulata (including antelope, deer, and bison);

viii. Genus llama, Genus camelus;

f. 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;

g. Any hybrid animal which is genetically twenty (20%) percent or more part wild animal and eighty (80%) percent or less domestic animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the State;

h. A dangerous animal over which the owner has evidenced a failure to maintain control.

X. Reserved for future use.

Y. Reserved for future use.

Z. Reserved for future use. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 17-2009 §2, eff. 9-25-2009; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.030 Compliance with zoning requirements.

Notwithstanding any other provisions of this title, it is unlawful for any person to keep or maintain or cause to be kept or maintained any animal, unless the keeping of such is permitted in the particular district as provided in the Zoning Code. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.040 Applicability of State laws.

Notwithstanding the provisions of this title, the provisions of the Health and Safety Code, the Penal Code, and the Administrative Code of the State relating to animal health, control and care, and rabies control shall apply when such provisions are more stringent than the provisions of this title. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.050 Animal Control Officer – Position created.

The position of Animal Control Officer shall be created and shall be under the direction of the Chief of Police or a designee. An Animal Control Officer is designated as the person responsible for the impounding of animals within the City. Nothing in this title shall prevent the City from undertaking any or all of the duties of the public shelter and/or any animal control services as defined herein. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.060 Enforcement.

The Chief of Police, an Animal Control Officer or designee are empowered, and it shall be their duty, to enforce the provisions of this title. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.070 Authority.

Subject to the provisions of Section 1822.50 et seq. of the California Code of Civil Procedure, the Animal Control Officer, or any person whose duty it is to enforce the provisions of this title, may at any reasonable time enter upon any premises for the purpose of inspection upon reasonable cause to believe there is a violation of any provision of this title or any law of the State relating to the care, treatment, control or prevention of cruelty to animals. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.080 Entering on private property.

The enforcing authority shall have the right, and is hereby authorized and empowered, to enter upon private property for the purpose of enforcing the provisions of this title or for other purposes consistent therewith. The enforcing authority shall be given prompt access upon oral notification to the responsible person and upon exhibiting suitable evidence of his or her identity and authority; provided, however, except in an emergency, a warrant issued pursuant to Part 3 of Title 13 (Sections 1822.50 through 1822.57, inclusive) of the Code of Civil Procedure of the State, or its subsequent counterparts, shall first be secured when entry or access thereto is denied. Refusal to admit such members when a warrant is not required shall be a misdemeanor. Neither an Animal Control Officer nor the City shall be liable for any damage from any reasonable entry. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.090 Warrants unnecessary.

An Animal Control Officer may enter upon private property without a warrant for the following purposes:

A. When he or she has the express permission of the owner or occupant of the premises;

B. When he or she has probable cause to believe that any rabid, injured, sick, abandoned, or uncared for animal is present;

C. When in pursuit of any animal:

1. When such animal is unlicensed;

2. Where such animal has been running at large upon any highway or road or other public property;

3. When such animal has been trespassing on private property, and the owner or occupant of such property has requested that such animal be apprehended;

D. When he or she has probable cause to believe that there exists in any building or upon any premises or property any condition which may be in violation of this title. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.100 Authority to arrest and to issue notices to appear.

Pursuant to the provisions of Sections 836.5 and 830.9 of the California Penal Code, an Animal Control Officer shall have the power and duty pursuant to this title to investigate complaints of violations of any provisions of this title, and may arrest a person without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed an infraction or a misdemeanor in his or her presence, which is a violation of this title, and may issue a citation to such person to appear in court to answer to such charges. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.110 Obstructing officers unlawful.

It is unlawful and shall be a misdemeanor for any person to willfully resist, delay, or obstruct an Animal Control Officer in the discharge or attempt to discharge any duty of his or her office. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.120 Use of equipment to impound and firearms authorized.

In performance of his or her duties, an Animal Control Officer shall have the authority to employ the use of a tranquilizer gun, taser, firearm, pepper spray, direct stop spray and any animal control equipment or device in common use within the State, necessary to take up and impound an animal. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.130 Liability of City.

No liability shall be incurred by the City for the disposition of any animal made pursuant to the provisions of this title. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.140 Animal service fees.

Fees will be charged for animal services and shall be established from time to time by resolution of the City Council. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.150 Mutual aid authority.

An Animal Control Officer, upon receiving a request for assistance from another Animal Control Officer, another animal control department, peace officer or public official, or having requested assistance from another animal control department, shall be empowered to enforce all State, City, County or municipal codes and/or chapters which are related to his or her field of enforcement in that jurisdiction. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.160 Returning animals to known owners.

When any animal is seized, and its ownership is known to an Animal Control Officer, such animal need not be impounded, but the Officer, at his or her discretion, may return it to its owners and cite the owner of the animal to appear in court to answer to charges of violations of the provisions of this title. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.170 Removing animal from custody of an Animal Control Officer or holding shelter without permission prohibited.

No person shall remove any animal from the custody of an Animal Control Officer or from a City holding shelter or vehicle without permission from an Animal Control Officer. Violation of this provision constitutes a misdemeanor. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

8.01.180 Violation.

Violations of this title shall be enforced pursuant to the provisions of EGMC Chapter 1.04. [Ord. 4-2013 §1, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]