Anderson Municipal Code Ch. 6.16 Animals Running at Large

A. Every person owning or having charge, care, custody or control of any pig, hog, cow, bull, steer, horse, mule, jack, jenny, hinny, sheep, chicken or other stock or other fowl, who wilfully or knowingly permits the same to run at large in or upon any cultivated or improved land owned by any person or public agency other than the owner of such animal or fowl, unless the consent of the owner of such land is first obtained, is guilty of an infraction.

B. Every person who, after having been served with a notice to abate a nuisance as set forth in this chapter, wilfully or knowingly fails to immediately abate such nuisance is guilty of an infraction. Each day such nuisance continues after notice is served shall constitute a new and separate offense.

(Ord. 703 (part), 2001)

The following are declared to constitute a public nuisance:

A. It is unlawful and an infraction for any owner or keeper to allow or permit, whether through negligence or wilfulness, any animal to run at large within the city upon any highway, street, lane, alley, court, or other public place, or upon any private property or premises other than those of the person owning or having charge, care, custody or control of such animal. This subsection does not apply to livestock on the open range or to domestic cats.

B. It is unlawful and an infraction for the owner or keeper of any animal, to allow said animal to disturb the peace and comfort of any other person by the persistent (meaning repeated occurrences in excess of ten minutes) making of loud and unreasonable noise which disturbs or annoys residents of nearby properties; and

C. It is unlawful and an infraction for any owner or keeper to allow or permit any animal whether through negligence or wilfulness, to habitually trespass (meaning to come upon without the permission of the owner or person in lawful possession) on private or public property so as to damage or destroy any property or anything of value; provided, that this section shall not apply to livestock upon the open range.

D. Neither subsection A, B, nor C of this section shall pertain to dogs in that provisions to abate problems involving dogs, are set forth later in this title.

(Ord. 703 (part), 2001)

If complaints are received from three or more persons having separate residences or places of employment, that an animal is engaging in or has engaged in any of the activities described in Section 6.16.020, there shall be a rebuttable presumption, not affecting the burden of proof, that a public nuisance exists or has occurred.

(Ord. 703 (part), 2001)

The police chief or his designee shall have the authority to abate any of the public nuisances enumerated in Section 6.16.020. Such individual, if he or she finds a public nuisance to exist, shall provide notice to the owner or custodian that such nuisance must be immediately abated. If the owner or custodian cannot be quickly located or if the animal is vicious or potentially dangerous, no such notice need be given prior to impoundment. In those cases where notice is given, the animal may be impounded unless the owner or custodian takes immediate action to abate the nuisance. If impoundment occurs, the procedure to be followed shall be that set forth in Chapter 6.32 of this code or as set forth in the Food and Agricultural Code and other applicable laws and regulations of the state of California.

(Ord. 703 (part), 2001)