Chapter 6.04
ANIMAL CONTROL REGULATIONS
Sections:
6.04.010 Definitions.
6.04.020 Fowl and livestock – Permit required.
6.04.030 Fowl and rabbits.
6.04.040 Livestock.
6.04.050 Care of animal required.
6.04.060 Nuisances by animals.
6.04.070 Vicious animal – Presumed when.
6.04.080 Vicious animal investigation.
6.04.090 Confinement of vicious animal.
6.04.100 Findings – Public nuisance.
6.04.110 Biting animals to be quarantined.
6.04.120 Stray animals to be taken up – Notice to owner.
6.04.010 Definitions.
For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain words and phrases as used herein are defined as follows:
A. “Animal control director” or “director” means the Chief of Police of the City who shall direct the enforcement of the provisions of this title and other state and local laws relating to animals.
B. “Animal control officer” or “officer” means the person designated by the animal control director to enforce the provisions of this title and other state and local laws relating to animals.
C. “Animal fancier” means any person that wishes to keep:
1. More than the allowable number of household pets;
2. Livestock; or
3. Exotic animal(s).
D. “Animal shelter” means the animal services and placement center owned, operated or under contract with the City for the care, boarding, confinement, or detention of animals.
E. “Dangerous or vicious animal” means any animal which represents a physical threat to other animals or human beings.
F. “Exotic animal” means any of the following:
1. The following members of the Class Reptilia: Order Phidia (such as, but not limited to racers, boas, water snakes and pythons) over six feet in length, and Order Loricata (such as, but not limited to, alligators, caymans and crocodiles) over two feet in length;
2. The following members of the Class Aves: Order Falconiformes (such as, but not limited to, hawks, eagles and vultures which are not kept pursuant to federal or state permit) and Subdivision Ratitae (such as, but not limited to, ostriches, rheas, cassowaries and emus);
3. The following members of the Class Mamalia: Order Carnivora, expressly excepting the domestic dog (canis familiaries) and the domestic cat (felis catus) and including, but not limited to the Family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), the Family Canidae (such as wolves, dingoes, coyotes and jackals), and Order Marsupialia (such as kangaroos and common opossums (Didelphis marsupialial)), and Order Chiroptera (bats), and Order Edentata (such as sloths, anteaters and armadillos), and Order Proboscidea (elephants), and Order Primata (including, but not limited to, monkeys, chimpanzees and gorillas), and Order Ungulata (including, but not limited to, antelope, deer, bison and camels);
4. Any species of animal which is venomous to human beings, whether its venom is transmitted by bite, sting, touch or other means.
G. “Horse” means mule, burro, pony, jack, hinny and jenny.
H. “Household pet” means cats and dogs.
I. “Livestock” means domestic animals customarily kept, used, maintained or raised on a farm or ranch, for commercial purposes or otherwise, including, but not limited to, horses, ponies, burros, mules, donkeys, cows, steers, sheep, goats, swine, rabbits, chicken, ducks, geese, or other fowl except roosters.
J. “Owner” means any person owning, having an interest in, harboring or having control, custody or possession of any animal.
K. “Person” includes any individual, partnership, business, corporation, trust or association.
L. “Pet shop” means a commercial establishment where live animals are sold or kept for sale or hire.
M. “Protection dog” means any dog specifically trained or used to guard, protect, patrol, or defend any person or property, with or without direct human supervision.
N. “Unlicensed dog” means a dog for which the license of the current year has not been paid or a dog to which the tag provided for in this title is not attached to the dog’s collar. (Ord. 2065 § 1(A), 2018; Ord. 1244 § 2, 1987)
6.04.020 Fowl and livestock – Permit required.
A. It is unlawful for any person to keep any fowl or livestock without first obtaining an animal fancier permit.
B. Upon application, a blanket permit may be issued to a bona fide animal husbandry program sponsored by the Future Farmers of America or 4-H clubs. The application shall be made by and the permit issued only to an adult supervisor in charge of the program. (Ord. 1244 § 2, 1987)
6.04.030 Fowl and rabbits.
A. It is declared to be a nuisance, and no person shall permit any fowl or rabbits owned or controlled by him to run or fly at large or go upon the premises of any other person in the City.
B. It is unlawful for any person to give away baby rabbits, chicks, ducklings or other fowl as a novelty, promotion or prize, whether or not dyed, colored or otherwise artificially treated. No person shall sell or barter any baby rabbit, chick, duckling or other fowl as a pet unless, as a condition thereof, the person acquiring such rabbit, chick, duckling or other fowl may return such within 30 days without cost or charge. Every person displaying or offering for sale any baby rabbit, chick, duckling or other fowl as a pet shall conspicuously post the following notice: “Any rabbit or fowl purchased may be returned” in letters at least one inch in height. (Ord. 2065 § 1(A), 2018; Ord. 1244 § 2, 1987)
6.04.040 Livestock.
No owner of any livestock shall:
A. Permit such animal to run at large in the City;
B. Cause or permit any such animal to be pastured, herded, staked or tied in any public place;
C. Fail to provide the necessary sustenance, drink, shelter or protection from the weather or otherwise. (Ord. 2065 § 1(A), 2018; Ord. 1244 § 2, 1987)
6.04.050 Care of animal required.
The owner of any animal shall:
A. Keep the stable, barn, stall, pen, cage, coop, building or place in which such animal is kept in a clean and sanitary condition.
B. Provide adequate shelter and protection for such animal from the weather and elements.
C. Provide such animal with food and water daily. The food shall be free from contamination and shall be wholesome, palatable, and of sufficient quantity and nutritive value. (Ord. 1244 § 2, 1987)
6.04.060 Nuisances by animals.
It is unlawful and a nuisance for:
A. The owner of any animal to knowingly permit such animal by barking or other noise or sound, to disturb any other person’s peace and quiet. The owner of any animal creating such a nuisance shall take immediate steps to quiet such animal whenever it creates such a nuisance. The owner of such an animal shall not leave such animal unattended on a premises in a place where its barking, noise or sound, if prolonged or repeated an undue number of times, disturbs any other person’s peace and quiet.
B. The owner of any animal to permit such animal to damage or destroy the property of another person or public property, or to repeatedly deposit its body waste fluid or matter upon such property.
C. The owner of any animal to permit such animal to molest, attack, or otherwise interfere with the freedom of lawful movement of persons or to chase vehicles or to attack other domestic animals. (Ord. 1244 § 2, 1987)
6.04.070 Vicious animal – Presumed when.
Any animal, except one assisting a peace officer engaged in a law enforcement duty, which demonstrates any of the following behavior is presumed vicious:
A. An unprovoked 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 unprovoked attack which results in property damage or in an injury to a person when such person is conducting himself or herself peacefully and lawfully;
C. An unprovoked attack on another animal protected by this title which occurs on property other than that of the owner of the attacking animal.
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 the purpose of this section, a person is conducting himself peacefully and lawfully upon the private property of the owner of the animal when he is on such property in the performance of any duty imposed on such person by state or local law or by the laws of postal regulations of the United States, or when he is on such property upon invitation, either expressed or implied. (Ord. 1244 § 2, 1987)
6.04.080 Vicious animal investigation.
An animal control officer shall investigate any reported incident concerning a vicious animal or any animal quarantined pursuant to this chapter. If the investigating officer concludes, based upon available evidence, that there is probable cause to believe that the animal is vicious, he shall so certify to the owner of the animal in writing within 10 days following completion of the investigation. (Ord. 1244 § 2, 1987)
6.04.090 Confinement of vicious animal.
If the officer’s investigation indicates there is probable cause to believe that the animal is vicious, the officer may enter upon private premises in order to seize any such vicious animal, whether running at large or not, and shall confine the animal at an appropriate animal shelter or an approved kennel supervised by a veterinarian. The officer shall bring an action in municipal court in accordance with Civil Code Section 3342.5 to determine whether or not the animal is vicious. Confinement of the animal shall continue pending the decision of the court hearing. The cost of the confinement shall be paid by the owner of such animal. The animal shall not be released until such costs have been paid in full. (Ord. 1244 § 2, 1987)
6.04.100 Findings – Public nuisance.
If the court finds that the animal is vicious, the animal shall be deemed a public nuisance and shall be, pursuant to the order of the court, humanely destroyed or removed from the City or otherwise abated by means including, but not limited to, confinement, fencing, muzzling or leashing. (Ord. 2065 § 1(A), 2018; Ord. 1244 § 2, 1987)
6.04.110 Biting animals to be quarantined.
Whenever it is shown that the dog or other animal has bitten any person or animal, or exhibits evidence of rabies, no owner or person having custody or possession thereof, upon order of an animal control officer, shall fail, refuse or neglect to quarantine such animal and keep it tied up or confined for a period of 14 days, or shall fail, refuse or neglect to allow an officer to make an inspection or examination thereof at any time during such period. No such dog or animal shall be removed without written permission of an animal control officer. (Ord. 1244 § 2, 1987)
6.04.120 Stray animals to be taken up – Notice to owner.
A. Every person, except the animal control director or his officers, taking up any stray animal or any such animal which is running at large contrary to the provision of this chapter shall, within eight hours thereafter give notice to the director of:
1. The fact that he has such animal in his possession;
2. The complete description of such animal including tattoo(s) and/or other descriptive markings;
3. The license number of such animal, if any, and by what county or municipal corporation issued; if such animal has no license, such person shall so state;
4. The place where such animal is confined.
B. Every such person, and any person in whose custody such animal may in the meantime be placed, shall deliver such animal to the director without fee or charge, and the director shall thereupon hold and dispose of such animal in the same manner as though such animal had been found at large and impounded by him or his officers. (Ord. 1244 § 2, 1987)