Chapter 6.08 — ANIMAL CONTROL

A.

[Fee Schedule.] Every owner of a dog over the age of four (4) months in the incorporated area of the city, shall pay the following applicable dog licensing fee for the stated license interval:

The license fee is due and payable within ten days of having the dog vaccinated against rabies.

All licenses expire at the same time their supporting rabies vaccinations expire.

B.

Penalty. An unpaid dog license fee shall become delinquent thirty (30) days after it is due and payable. Upon delinquency, a penalty shall be added to the regular fee. Penalty fees shall accumulate and be added to each successive license period.

C.

Offenses. Failure to Furnish Information. Any owner of any dog in the city who refuses, fails or neglects to furnish to the animal control officer, fee collector or veterinarian authorized to vaccinate and license dogs and collect the license fees thereon, as provided herein, information necessary to properly vaccinate and license such dog, or who resists, hinders or obstructs the animal control officer or any of his assistants in the exercise of the animal control officer's duties, or who fails, neglects or refuses to pay any required

license fee at the time and in the manner herein provided, shall be guilty of a misdemeanor and shall be punished as provided in this title.

(Ord. 225 (part), 1988: Ord. 220 §1, 1987).

(Ord. No. 380, § 4, 2009).

The owner of any animal impounded but not quarantined may, at any time during regular working hours and before the animal is transported for confinement, redeem the animal by showing proof of vaccination and paying the animal control officer all of the fees and charges thereon including, but not limited to, license fee if unlicensed, impound fees, and veterinary charges if applicable and, in the absence of proof the animal is altered, a spay or neuter fee in an amount identical to that set forth in Section 6.08.020 ("spay neuter deposit"); such spay or neuter fee to be used for the purposes described in the California Food and Agricultural Code Section 30503.

(Ord. 225 (part), 1988).

(Ord. No. 380, § 4, 2009).

Editor's note— Ord. No. 380, § 5, adopted March 24, 2009, repealed 6.08.040, which pertained to disposition of unredeemed animals and derived from Ord. 225 (part), adopted in 1988.

Editor's note— Ord. No. 380, § 5, adopted March 24, 2009, repealed 6.08.050, which pertained to sale of unredeemed animals and derived from Ord. 225 (part), adopted in 1988.

The animal control officer may, upon the request of the owner of any cat or dog which is maintained in the city at the time of the request, take up, destroy and dispose of the same, for which service the animal control officer shall charge and collect a fee.

(Ord. 225 (part), 1988).

(Ord. No. 380, § 4, 2009).

A.

It shall be unlawful for any person to keep, abandon or turn loose without care any animal suffering distress from disease, injury, old age or other infirmity. Any such animal taken up by the animal control officer may be euthanized.

B.

This section shall not apply to persons keeping diseased or old pets which are under medical care from a veterinarian. A written statement prepared by a duly licensed veterinarian shall be deemed sufficient evidence of such care.

(Ord. 225 (part), 1988).

The owner of any animal which dies shall bury or otherwise dispose of such animal in a manner so as not to create a nuisance or health hazard. Whenever he discovers a dead animal within the incorporated areas of the city which has not been properly disposed, the animal control officer shall order its owner to dispose of it properly. If his order is not promptly obeyed, the animal control officer is authorized to employ any person

to dispose of the dead animal and shall charge against and collect from its owner a disposal fee. In the event the owner of the animal is unknown, the animal control officer is authorized to employ any person to remove and dispose of the animal, the costs of which shall be a charge against the city.

(Ord. 225 (part), 1988).

(Ord. No. 380, § 4, 2009).

The animal control officer may declare an animal to be dangerous if he has evidence to believe that it poses a potential hazard to the health and safety of humans, other animals or property. In determining whether or not an animal is dangerous, the animal control officer shall be guided by, but not limited to, the following criteria:

A.

Whether the animal has bitten any person or other animal, damaged property, or has attempted or threatened to do so;

B.

Circumstances indicating the temper or ferocity of the animal; and

C.

Its general menace to the public.

(Ord. 225 (part), 1988).

A.

If the animal control officer determines that an animal is dangerous, he shall thereupon give a written order to the owner of the animal to keep it at all times securely fastened or confined within the owner's property in a specified manner so as to prevent it from having the opportunity to bite any person or other animal or damage any property.

B.

Any animal determined to be dangerous by the animal control officer that bites or otherwise injures a person or other animal or damages property may be impounded for euthanasia. At the time of impoundment the animal control officer shall notify the animal's owner in writing of the right to appeal the euthanasia and the appeal procedures in subsection C of this section.

C.

The appeal shall be made in writing to the animal control officer and filed within five (5) working days of the impoundment. The appeal shall list the name, address and phone number of the legal owner(s) of the animals(s) and shall state the reason(s) for opposition to the euthanasia. The appeal shall be heard within two (2) weeks of its filing by an administrative review board appointed by the city manager. The disposition of the appeal shall be decided by a majority of the review board.

(Ord. 225 (part), 1988).

Any violation by the owner of a dangerous animal of an order of the animal control officer pertaining to that animal shall constitute a misdemeanor punishable as provided in this title.

(Ord. 225 (part), 1988).

A.

[Application.] A person may apply for a permit to operate a kennel or to be considered a dog hobbyist, ranch dog permittee or guard/rescue dog permittee from the animal control officer. The annual fee for applying for such permits are described in subdivision E of this section. Such permit fees shall be in lieu of any dog license fee required in section 6.08.010 and the permit holder shall be entitled to maintain any number of animals provided the permit holder complies with the provisions of this title and any and all state laws relating to the treatment of animals.

B.

[Requirements.] Prior to issuing such permits the animal control officer shall determine that:

1.

The permittee's facilities are so constructed as to prevent dogs maintained or kept therein from running at large off the premises;

2.

The permittee's facilities are constructed and maintained in a manner that will insure that the animals maintained therein will enjoy a healthy, safe, sanitary and humane environment and not become a nuisance to the neighborhood;

3.

The permittee has not committed any activity which, in the animal control officer's judgment would constitute cruelty to animals;

4.

The permittee agrees that the animal control officer may, at all reasonable times, inspect the permittee's premises and operations;

5.

The permittee agrees to comply with the provisions of this title;

6.

The permittee provides evidence satisfactory to the animal control officer that all dogs maintained on the permittee's premises have been vaccinated consistent with this chapter.

C.

The animal control officer may revoke a permit upon determining that any of the conditions described herein are not being maintained by the permittee, that the permittee is in violation of this title or that the facility is being operated in a manner that constitutes a nuisance including, but not limited to, noise and odor disturbances.

D.

[Exception.] Licensed veterinary hospitals are not required to obtain kennel permits.

E.

Permit Fees. The annual fee for each type of permit shall be as follows:

F.

[Pet Shops.] It shall be a misdemeanor for any person to operate and/or maintain a pet shop without first obtaining a permit from the animal control officer. The annual permit fee shall be due and payable before the permit is issued and in each and every year thereafter on the anniversary date that the permit was issued. Prior to issuing such a permit the animal control officer shall make the determinations described in subsection B of this section. In addition, the animal control officer shall, in connection with the issuance of any such permit, establish such conditions as may be necessary to provide for the humane care and treatment of dogs, cats and other animals, either domestic or wild. The permit holder shall be entitled to maintain any number of animals provided the permit holder complies with the provisions of this title and any and all state laws relating to the treatment of animals.

(Ord. 225 (part), 1988).

(Ord. No. 380, § 4, 3-24-2009).

A.

Possession Without Permit Unlawful. It is a misdemeanor for any person to have, keep, maintain, breed, sell, trade, exhibit or let for hire any wild, exotic or carnivorous undomesticated animal without first obtaining a special permit from the animal control officer pursuant to this section.

B.

Animals Otherwise Licensed. The licensing provisions of this section shall not be applicable to licensed circuses, carnivals, zoos or other collections of wild, exotic or carnivorous undomesticated animals under the jurisdiction of a city, the county, the state or the federal government.

C.

Authority of Animal Control Officer. The animal control officer may authorize by permit the keeping or maintaining of any wild, exotic or carnivorous undomesticated animal when, in his opinion, the animal may be kept or maintained without endangering the safety of any person, other animal or property or creating a nuisance; provided, however, that the animal control officer may require that the animal be properly caged, tethered or restrained and may impose such additional requirements as he deems necessary and proper under the circumstances.

D.

Inadequate Care of Animals. Any person who in the opinion of the animal control officer is unable to maintain and provide for any wild, exotic or carnivorous undomesticated animal adequately and safely shall not be issued a permit.

E.

Right to Appeal. Any person denied a permit may appeal the denial to the animal control officer within thirty (30) days of the denial. The permit applicant(s) shall be notified in writing at the time of denial of the right of appeal and the procedures pertaining to the appeal process. Appeals must be in writing and state the name, address and phone number of the applicant(s) for the permit. The animal control officer shall appoint an administrative review board to hear the appeal. The appeal shall be heard within two (2) weeks of its filing with the animal control officer and the disposition of the permit application shall be as dedicated by a majority of the administrative review board.

F.

Right to Inspect Conditions—Revocation. The animal control officer may at any time inspect the premises where any such animal is proposed to be kept or is kept and may investigate the conditions under which any such animal will be or is maintained in order to determine the appropriate requirements to include in any permit to be issued or whether the existing conditions comply with requirements of an issued permit. He may at any time add to or modify the requirements of an issued permit when in his opinion the public health and safety so require. The animal control officer may, after notice and hearing, revoke such permit upon a showing of persistent violations of the terms or requirements thereof.

G.

Notice of Escape. Any person keeping or maintaining a wild, exotic animal which escapes from its confinement shall immediately notify the animal control officer of such escape.

H.

Disposition. Wild, exotic or carnivorous undomesticated animals found running loose may be impounded in accordance with the provisions of this chapter. Neither the city nor its officer shall be liable for injury to or disease contracted by such animal while being captured, transported or impounded. Wild exotic animals found at large and injuring, damaging or threatening to injure or damage any person or property will be deemed to be a public nuisance and may be summarily destroyed. Neither the city nor its officer, shall be liable for any such summary destruction. Reclamation by an owner or keeper of any impounded wild, exotic animal may be permitted upon payment to the animal control officer of his actual costs of the impounding and care of such animal.

I.

Fees. The following yearly permit fees are due and payable before the permit is issued and in each and every year thereafter on the anniversary date that the permit was issued. The fee is delinquent thirty (30) days after it is due and if not paid within days of the delinquent date will be increased by fifty percent (50%):

EXOTIC/WILD ANIMAL PERMIT

(Ord. 225 (part), 1988).

(Ord. No. 380, § 4, 2009).

It is the intent of the city council that no animals be exposed to or involved in conditions which constitute a violation of sections on unsanitary premises, unsanitary animal pens or public nuisance of this code or section on neglected animals of the California Penal Code 597(f) or other state laws or city ordinances as may be in effect from time to time.

A.

Notwithstanding any other provision of this code to the contrary, it shall be unlawful for any person to have, keep, maintain or harbor any animals on any premises wherein the physical conditions of the premises constitute a violation of state laws or city ordinances.

B.

A conviction for violation of any of the sections listed in subsection A of this section arising out of circumstances involving the keeping or harboring of animals shall be prima facie evidence that the person in control or possession of the premises on which the animals are located cannot or will not keep the premises in a sanitary condition; whereupon the animal control officer may order the person to remove some or all of the animals from the premises and if the animals are not removed within forty-eight (48) hours after the date of his order, the animal control officer may remove and dispose of them. Upon a veterinarians examination and determination that an animal has been neglected or mistreated, the animal may be impounded by the city animal control officer subject to normal board and care fees pending a hearing within seven (7) days of impoundment.

C.

Failure to comply with any order given by the animal control officer under subsection B of this section is an infraction.

(Ord. 225 (part), 1988).

A.

Live animals shall be given away or sold only on private property which is the residence of their owner. Businesses licensed to sell animals are exempt from this section.

B.

Any person who maintains, operates, leases, rents or lends space at a swap meet shall not permit, cause, display for or promote the sale of live animals at such swap meet. "Live animal" as defined by this section shall include, but is not limited to dogs, cats, birds, fish, poultry, rabbits and livestock.

(Ord. 225 (part), 1988).

A.

No person shall obstruct or interfere with the animal control officer in the performance of his duties under this chapter or, aid or abet others in so doing.

B.

No person shall remove or attempt to remove any animal taken into custody by the animal control officer without his authorization.

C.

No person shall cause or aid the escape of any animal sought for custody by the animal control officer or aid or abet others in doing so.

D.

Any person who commits any act prohibited by this section is guilty of a misdemeanor punishable as provided in this code.

(Ord. 225 (part), 1988).

A.

The keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys any considerable number of persons or any neighborhood is unlawful and is a public nuisance, and each day that such act is continued constitutes a separate offense. It is unlawful to suffer or permit any animal or fowl to trespass on private or public property so as to damage or destroy any property or thing of value, or so as to commit any other act dangerous to public health or safety, and any animal or fowl committing such act is a public nuisance. In addition, any dog which is impounded or whose owner is cited under this section because of the dog's disturbances three (3) or more times within any twelve (12) month period is a public nuisance.

B.

Whenever the animal control officer has reasonable cause to believe that a public nuisance as defined in this section exists, he may conduct an investigation of such alleged nuisance. Whenever it is affirmed in writing by two or more persons having separate residences or regularly employed in the neighborhood that a public nuisance as defined in this section exists, the animal control officer shall investigate the alleged public nuisance; provided, however, that where there is only one resident or one person regularly employed within one hundred yards of the alleged public nuisance, written affirmation of only that one person is required for the animal control officer to investigate the alleged public nuisance.

C.

If, upon investigation, the animal control officer determines that the animal is a public nuisance, he may declare it to be such and may issue an order to the owner of the offending animal directing that the nuisance be abated. In the event that the owner does not comply with the abatement order, the animal control officer may immediately refer the matter to the district attorney for prosecution of the public nuisance.

D.

If the owner of any animal declared a public nuisance fails to comply with an abatement order of the animal control officer and has been convicted of violating this section three (3) or more times, the animal control officer may issue an order directing the owner to appear at a hearing before the administrative hearing board, to show cause why the owner of the animal should not be required to surrender the animal to the animal control officer. At the conclusion of the hearing, the board may order that the animal be surrendered and destroyed or that specified lesser measures as it deems necessary to abate the nuisance be followed by the animal's owner. Any violation by the animal's owner of the board's order is a misdemeanor punishable as provided in this title, and upon conviction thereof the owner shall surrender the animal to the animal control officer for disposal.

(Ord. 225 (part), 1988).

With the exception of those acts expressly declared in any section of this chapter to be misdemeanors, any act in violation of the provisions of any section in this chapter is an infraction punishable by a fines in amounts provided in Section 1.08.010. These fines shall be in addition to any cost or fee provided for in this chapter for the redemption or disposition of impounded animals. A person is guilty of a separate offense for each animal and for every day during which a violation of any of the provisions of this chapter is committed, continued or permitted by such person.

(Ord. 225 (part), 1988).

(Ord. No. 380, § 4, 2009).

A.

Prior to revoking a permit or seizing any animal from the owner or the owner's property, the permittee or owner of such animal shall be afforded an opportunity for a hearing, as set forth herein, unless such animal poses a present danger to life or property or is not confined and has been observed committing a nuisance and its immediate seizure is necessary to prevent harm or nuisance to humans, animals or property and except as set forth in Section 6.08.130 or the seizure is pursuant to court order.

B.

Written notice containing the information required by this section shall be sufficient if it provides reasonable time and opportunity to appear at the hearing and a copy of the notice is served on the permittee or owner or person in control of the animal as follows:

1.

By personal delivery. Service in this manner shall be deemed complete at the time of such delivery; or

2.

Posting a copy of the notice in a conspicuous place on the door or near the doorway of the main entryway of the permittee's premises or the premises at which the animal is found or mailing a copy to the permittee or owner at its last known address, by registered or certified mail. Service in this manner shall be deemed complete seventy-two (72) hours after such posting and mailing has been accomplished;

3.

Actual notice of the hearing shall be deemed sufficient service of the notice.

C.

The notice shall be in bold ten (10) point type or larger and shall contain the following information:

1.

A description of the animal or permit;

2.

The address or description of the location where the permittees' facility or animal is located;

3.

The grounds for revoking the permit or seizing the animal stating the time(s), location(s), circumstances and events giving rise to the necessity for the seizure of the animal or revocation of the permit;

4.

The proposed action to be taken with respect to the animal or to the permit;

5.

The time, date and place of the hearing conspicuously placed in the notice;

The right to oppose the proposed action by written, documentary, physical or oral evidence;

7.

The right to be represented by an attorney or other person at the hearing; and

8.

The name and telephone of the person to contact if the permittee or owner wishes to continue the hearing to a more convenient date or time.

D.

At the time and place set forth in the notice a hearing shall be held before the administrative review board if any person appears to oppose the revocation of the permit or the seizure of the animal. The board shall consider all relevant evidence submitted at the hearing; however, all evidence in support of the proposed action shall be in the form of sworn testimony, affidavits or declarations under penalty of perjury made in conformance with Section 2015.5 of the California Civil Code.

E.

If the permit holder or owner expresses a desire to continue the hearing prior to the hearing or set the hearing at a different time, such request shall be granted but any continuance shall not exceed seventy-two (72) hours from the time originally set for the hearing unless good cause therefore is shown. In determining whether the reason given for continuing the hearing constitutes good cause, the administrative review board shall consider the danger, if any, to the public such continuance will pose.

(Ord. 225 (part), 1988).

A.

No person shall transport any dog in or on the back of any open truck or other open vehicle while traveling on any city road, street, highway, lane or alley.

B.

This section shall not apply to any person who transports a dog in any open truck or other open vehicle which is sufficiently enclosed by stakes, racks or is equipped with other devices which prevent the dog from falling or escaping from the vehicle.

C.

This section shall not apply to any person while engaged in agricultural livestock activities.

(Ord. 225 (part), 1988).

Every person, within the city, who owns any animal or who owns, conducts, manages or operates any facility for which a permit is issued pursuant to this title, shall comply with each of the following conditions:

A.

Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals.

B.

All animals shall be supplied with sufficient good and wholesome food and water as often as the feed habits of the respective animals require.

C.

All animals and all animal buildings or enclosures shall be so maintained in a clean and sanitary condition.

D.

All animals shall be so maintained as to eliminate excessive and nighttime noise.

E.

No animals shall be without attention more than eighteen (18) consecutive hours. Whenever an animal is left unattended at a kennel, pet shop, grooming shop or facility operated pursuant to a permit issued by the animal control officer, the telephone number of Arvin animal control services or the name, address and telephone number of the permittee shall be posted in a conspicuous place at the front of the property.

F.

Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.

G.

No condition shall be maintained or permitted that is or could be injurious to the animals.

H.

Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public.

I.

Every animal establishment shall isolate sick animals sufficiently so as not to endanger the health of other animals. Sick animals shall at all times be isolated from the other animals.

J.

Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation.

K.

Such person shall take any animal to a veterinarian for examination or treatment, if the animal control officer finds this is necessary in order to maintain the health of the animal and orders the owner or custodian to do so.

L.

All animal rooms, cages, kennels and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein.

M.

Every violation of an applicable regulation shall be corrected within a reasonable time to be specified by the animal control officer.

N.

Such person shall provide proper shelter and protection from the weather for all animals at all times.

O.

Such person shall not give an animal any alcoholic beverage, unless prescribed by a veterinarian.

P.

Such person shall not allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible, to be quartered together, or so near each other as to cause injury, fear or torment. If two or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others, such animals shall be deemed not to be natural enemies.

Q.

Such person shall not allow the use of any tack, equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal.

R.

Such person shall give working animals proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions.

S.

Such person shall not work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit.

T.

Such person shall not allow any animal which the animal control officer has suspended from use to be worked or used until released by the animal control officer.

U.

Such person shall not display animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.

V.

Such person shall not allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community.

(Ord. 225 (part), 1988).

The animal control officer shall require that a true and faithful record be kept of the number and description of all animals taken into custody, the date of their impounding and the date and manner of their disposition. He shall require that the necessary subsistence be provided for animals while in custody, that no mark or brand thereon be altered and that no animal suffers from inhumane treatment.

(Ord. 225 (part), 1988).

Upon impounding any animal the animal control officer may cause to be published in any newspaper circulated within the community where the animal was captured a notice describing the animal, the date of its impoundment and the address of the animal shelter or pound where it is being kept. The cost of the publication shall be charged against and collected from the owner of the animal before the animal may be released from impound.

(Ord. 225 (part), 1988).

The animal control officer shall not release to its owner, or sell, any animal that has been impounded in accordance with the provisions of this chapter unless the person to whom the animal is released or sold provides satisfactory proof that the animal will be maintained in accordance with the provisions of this chapter and any other applicable law.

(Ord. 225 (part), 1988).