Article I — GENERAL PROVISIONS

The purpose of this chapter is to regulate the keeping and handling of domestic animals within the city with an emphasis on public safety, quality of life, and responsible animal ownership.

(Ord. No. 527, § 1, 2-21-2023)

Unless otherwise specifically provided, the provisions of this article shall be enforced by the chief of police of the city and/or the animal control officer. The animal control officer or the police department shall have the duty and responsibility to enforce the terms of this chapter. The duly appointed animal control officer or police officers are hereby authorized to enforce the terms of this chapter and to arrest persons for violations thereof in accordance with the provisions of California Penal Code § 853.5.

(Ord. No. 527, § 1, 2-21-2023)

Cross reference— Police, Ch. 19.

For purposes of this chapter, the following definitions apply, unless the context clearly indicates or requires a different meaning:

"Abandon." The act of leaving an animal without adequate food, adequate water, or adequate care for 24 hours or more; or leaving an animal in a situation where the conditions present an immediate, direct, and serious threat to the life, safety, or health of the animal or to public safety. It also means to desert, forsake, or absolutely give up an animal on public property or on another's property without having secured another owner or custodian for the animal.

"Alter." To permanently render an animal incapable of reproduction.

"Animal." Includes any members of the kingdom Animalia, except for Homo sapiens.

"Animal control officer." Any person who is appointed by the chief of police for the purpose of aiding in the enforcement of any ordinance or law relating to the welfare, licensing, control, quarantine, seizure, or impoundment of animals. The chief of police or his or her designee will supervise the animal control officer.

"At large." Any domestic animal away from the premises or property of its owner, not under the owners control, or not under physical restraint, such as a leash. A domestic animal will not be considered at large when: (1) the animal is assisting a peace officer who is engaged in law enforcement duties; or (2) the animal is enrolled in and actually participating in a training or obedience course, exhibition, or competition conducted by an organization on private or public property with the permission of the owner or operator of the grounds or facilities.

"Care." The responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, exercise, enrichment, and when necessary, euthanasia, that is appropriate for the age, species, condition, size, and type of animal. It also refers to the provision of veterinary care when needed to prevent suffering or impairment of health.

"Domestic animal." Includes dogs and cats, except feral animals, as well as horses, donkeys, mules, burros, cattle, sheep, goats, swine, llamas, camels, rabbits, and fowl commonly kept or raised as farm or livestock animals.

"Enclosure." A fence or structure to prevent the entry of young children, and that is suitable to confine a vicious dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering the dog within the enclosure. When in use, the enclosure must be securely locked and have secure sides, top and bottom, sufficient to prevent the animal from escaping.

"Estrus." A regularly recurrent state of sexual receptivity during which the female of most mammals will accept the male and is capable of conceiving, often referred to as "heat" or "in season".

"Exercise." The opportunity for an animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.

"Exotic animal." Any animal kept as a pet other than those species defined in this section as "household pet" or "livestock". This section is not meant to allow endangered, protected or wild animals to be kept as pets in violation of any federal or state law in the absence of legally required permits.

"Feed." Food that is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size, and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.

"Hearing entity/officer." The chief of police or the chief of police's designee.

"Household pets." Includes cats, dogs, birds, domesticated rodents, and other kindred animals usually and ordinarily kept as household pets.

"Impoundment." Refers to the taking up and confining of an animal by an animal control officer or peace officer in accordance with the provisions of this chapter or other applicable law or regulation.

"Livestock." Any bovine animal, swine, horse, pony, mule, burro, sheep, goat, rabbit or other animal regularly raised for meat, fur, wool or milk.

"Nuisance animal." Any animal that gives offense to human senses or substantially interferes with the rights of persons, other than its owner, to the enjoyment of life or property. The term includes, but is not limited to, any animal that:

(1)

On three separate occasions within a 36-month period has been cited and/or impounded for being off its owner's property in violation of any state or local law that prohibits running at large.

(2)

Causes damage to the property of anyone other than its owner.

(3)

Harasses or intimidates persons on public property or private property other than that owned by or under the control of its owner.

(4)

Repeatedly chases vehicles that are not on its owner's property.

(5)

Excessive, continuous, or untimely noises or other utterances to the annoyance, disturbance, or discomfort of neighbors or others in the vicinity of the property where the animal is maintained.

(6)

Has been allowed by its owner to produce odors that annoy, disturb, or cause discomfort to persons in the vicinity of the property where the animal is maintained.

(7)

Is one of a number of animals maintained on the property owned or controlled by its owner so as to be offensive to persons or dangerous to the public health, safety, or welfare.

(8)

Has, when unprovoked, bitten any person who is lawfully on the owner's property causing less than severe injury.

(9)

Is unattended or at large while in estrus.

"Owner." The primary or responsible person who possesses, has title to or an interest in, harbors, or has control, custody, or possession of an animal, or feeds the animal for 14 or more consecutive days. An owner must be a person 18 years of age or older.

"Potentially dangerous animal." Any animal, except a trained dog assisting a peace officer engaged in law enforcement duties, that because of its disposition, behavior, training or other characteristic constitutes a danger to person or domestic animal, as determined by the animal control officer under the provisions of this chapter. A potentially dangerous animal includes all of the following:

(1)

An animal that, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the animal and person are off of the owner's property.

(2)

Any animal that, when unprovoked, bites a person causing a less than severe injury; or

(3)

Any animal that, when unprovoked, on two separate occasions within the prior 36-month period, has killed or severely injured a domestic animal off the owner's property.

"Poultry." Pigeons, chickens, ducks, geese, turkeys, and all other domesticated fowl other than household pets and racing-homing pigeons.

"Racing-homing pigeons." Those pigeons, identified by seamless leg bands that are kept and maintained for the specific purpose of racing or message carrying. Pigeons kept or raised for market or other commercial purposes are not racing-homing pigeons for the purposes of this chapter.

"Severe injury." Any physical injury that results in one or more of the following: one or more broken bones; one or more disfiguring lacerations, avulsions, cuts, or puncture wounds requiring medical attention; two or

more sutures or staples; permanent nerve damage; or transmittal of an infectious or contagious disease.

"Shelter." Shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal to express normal behavior for its species, age, condition, size, and type of each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a solid surface, resting platform, pad, floor mat, or similar device that is large enough for the dog or cat to lie on in a normal manner and can be maintained in a sanitary manner. Under Section 28.31.030, Animal categories (including enclosure and shelter requirements) in the Alturas Municipal Code Book is the specifications per species.

"Unlicensed dog." Any dog for which a registration fee has not been paid to the city for the current year or to which a metal tag has not been attached as required by this Code.

"Unprovoked." An aggressive act by an animal that is not prompted by torment, physical abuse, or injury to the animal. It will also refer to an aggressive act by an animal where the animal was not protecting itself, another animal, its owner, or another person from being assaulted. It will also refer to an aggressive act by an animal where the animal was not protecting real property belonging to its owner from a crime being committed on the owner's property at that time. An incident will also be considered unprovoked if an animal injures law enforcement personnel while they are lawfully carrying out their duties.

"Vicious animal." Any animal that, when unprovoked, inflicts severe injury, inflicts multiple bites, injures multiples parties in the same incident, kills a person, or any animal previously determined to be a dangerous animal that, after its owner has been notified of this determination, continues or escalates the behavior of a potentially dangerous animal or is involved in a subsequent incident, as determined by the animal control officer in accordance with this chapter.

"Water." Clean, fresh, and potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals, appropriate for the weather and temperature, to maintain normal hydration for the age, species, condition, size, and type of each animal. Except as prescribed by a veterinarian, animals must have access to water at all times. Water must be provided in clean and durable receptacles that are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests.

(Ord. No. 527, § 1, 2-21-2023)

An animal control officer is appointed by the chief of police. The animal control officer shall be responsible to and perform the duties as shall be prescribed by the chief of police. The animal control officer, when on duty, shall wear an appropriate badge of office, which shall be prescribed by the chief of police.

The powers and duties of the animal control officer are as follows:

(1)

To enforce the laws of the state relating to the care, treatment and impounding of animals;

(2)

To maintain and keep an animal shelter or other place where all animals, which are subject to be impounded, may be kept and safely held and provided with proper and sufficient food and water;

(3)

To take up, impound and safely keep an animal found to be in violation of the provisions of the chapter;

(4)

To collect any costs or charges provided in this chapter for the impounding and keeping of any animal; and

(5)

With proper authorization to enter upon any premises upon which any animal is kept for the purpose of taking up, seizing or impounding any animal found to be in violation of any of the provisions of this chapter or for the purpose of determining whether the animal is licensed or is violating the provisions of this chapter.

(Ord. No. 527, § 1, 2-21-2023)

Fees and charges referred to in this chapter that are not specified in this chapter may be set and amended by resolution adopted by the city council and on file in the city clerk's office.

(Ord. No. 527, § 1, 2-21-2023)

It is unlawful to resist or interfere with the animal control officer in the performance of their official duties, or to fail or refuse to exhibit the registration of any animal required to be licensed by this chapter when requested by the animal control officer.

(Ord. No. 527, § 1, 2-21-2023)

In the administration and enforcement of the provisions of this chapter the animal control officer has authority to enter any premises upon which any animal is kept for the purpose of picking up, seizing, or impounding any animal found running at large, or staked, herded, or grazing thereon, contrary to the provisions of this chapter, or for the purpose of ascertaining whether such animal is registered or licensed as provided in this chapter, or for the purpose of inspecting the premises to ascertain whether any law of the city or state relating to the care, treatment, or impounding of animals or birds, or to the prevention of cruelty to animals or birds, is being violated; provided, however, the right of entry will be exercised only during the hours of 8:00 a.m. to 6:00 p.m., and no building will be entered without the consent of the owner or tenant, unless exigent circumstances exist.

If any owner or tenant objects to such entry into any building, the animal control officer may secure a warrant authorizing entry to search the building and arrest any person there present violating, or attempting to violate, any law of the city or state relating to the care, treatment, or impounding of animals or birds or to the prevention of cruelty to animals or birds.

This section and this entire chapter are subject to the limitations and requirements of the Fourth Amendment of the Federal Constitution and the Constitution of the State of California.

(Ord. No. 527, § 1, 2-21-2023)