Arvin Municipal Code Ch. 6.04 Animal Regulations

Footnotes:

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* For statutory provisions on animals at large, see Food and Agric. Code §16301 et seq.; for provisions authorizing local regulation of estrays, see Food and Agric. Code §17003; for statutory provisions authorizing cities to license dogs, see Gov. Code §38792 and Food and Agric. Code §30501 et seq.; for statutory provisions on impoundment of dogs, see Food and Agric. Code §31101 et seq.

For the purpose of this title, the following definitions shall be used:

A. "Person" means and includes all natural persons and any firm, partnership, corporation, trust and any association of persons, government agency or political subdivision.

B. "Owner" means and includes any person who owns, possesses, controls, keeps, cares for, harbors or has custody of the animal for fifteen (15) or more consecutive days, except a veterinarian or an operator of a grooming shop, a kennel or a pet shop engaged in the regular practice of this business as such.

C. "Cat, housecat" means any domesticated carnivore, felis domestica.

D. "Dog" means a domesticated animal of the canine type; young animals (puppies) of this type are considered dogs.

E. "Altered dog" means a dog which has been certified in writing by a veterinarian as being nonreproductive.

F. "Companion dog" means a dog specially trained and used to assist the blind, hearing impaired or physically impaired.

G. "Unlicensed dog" means a dog for which a required license fee has not been paid, or to which the tag or tattoo required by this division is not attached.

H. "Exotic or wild animals" means animals which are considered to be dangerous, exotic or wild include but are not limited to: apes, buffalo, coyotes, foxes, wolves, bears, cougars, lynx, bobcats, wild boars, cheetahs, jaguars, African lions, tigers, leopards, panthers, ocelots, monkeys, elephants, camels, llamas, undomesticated mammals and any other animal, reptile, amphibian, bird or fowl which bites, attacks or in any way harasses any person or animal, or which has a disposition or propensity to attack or bite any person or animal, without provocation.

I. "Administrative review board" means a five (5) member panel, one (1) member being an employee of the city (other than the animal control officer) designated by the city manager, the other four members being noncity employees familiar with animals or animal control and designated by the city manager. Whenever practical the city manager shall appoint at least two (2) of the panel members from veterinary associations and humane societies.

J. "Kennel" means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats except a facility operated by a humane society, or governmental agency, or its authorized agents for the purpose of impounding or caring for animals.

K. "Grooming shop" means a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.

L. "Pet shop" means any person, partnership or corporation, whether operated separately or in connection with another business enterprise except for a kennel, that buys, sells or boards any species of animal.

M. "Dog hobbyist" means any person who owns or keeps, within or adjoining a private residence, four or more dogs for personal and noncommercial purposes, which are limited to hunting, tracking, exhibition in dog shows, obedience trials, field trials, dog sledding or to enhance or perpetuate a given breed, and who has secured a permit for such activity in accordance with the provisions of this title.

N. "Ranch dog permittee" means any person who owns or keeps within or adjoining a residence, building, lot or area which is zoned for agricultural uses, four or more dogs for personal, recreational, noncommercial purposes, or purposes related to agricultural pursuits including, but not limited to, the control, herding and protection of livestock and other domesticated animals, and who has secured a permit for such activity in accordance with the provisions of this title.

O. "Guard/rescue dog permittee" means any person who owns, keeps and uses a dog in connection with (1) a commercial business engaged in patrolling and/or protecting private property or (2) law enforcement or search and rescue association activities, and who has secured a permit for such activity in accordance with the provisions of this title.

(Ord. 225 (part), 1988: Ord. 11 §1, 1961).

A. [Compliance.] A dog license tag shall be delivered to each person who complies with the dog vaccination requirement and pays the license or permit fee required by this section. The tag shall be stamped with the words "City of Arvin Dog License," and the license number. The tag shall be secured to a collar or harness which shall be worn at all times by the dog for which it is issued except when the dog is in competition, being trained or being used lawfully to pursue game (provided the handler has the license tag in his or her possession), being groomed or confined within a kennel, yard or pen.

B. Tattoo. In lieu of a tag, a permittee may have a tattoo license number issued for any dog which shall be permanently marked in the dog's left flank or left ear by a veterinarian. The license number shall be preceded by the letters "CTY ARV." to indicate "City of Arvin." Numbers shall be issued by the city when the license fee is paid. The tattoo shall be marked within four (4) days of paying the license fee.

C. [Delegation of Duty.] The city manager may delegate the duty to issue licenses and collect fees when he determines such delegation is necessary for a city-wide and uniform service to the public.

D. Lost License Tag. Whenever, during the period for which it is effective, a dog tag issued pursuant to this section is lost, taken or stolen the owner of the dog for which the tag was issued may, upon payment of fees and exhibition of evidence of current rabies vaccination, receive a duplicate tag for the remaining portion of the period for which the original dog tag was issued.

(Ord. 225 (part), 1988: Ord. 194, 1984: Ord. 129 §1, 1977: Ord. 123 §1, 1977: Ord. 83 §1, 1971: Ord. 70 §1, 1970: Ord. 11 §2, 1961).

(Ord. No. 380, § 3, 2009).

A. All dogs shall be vaccinated with a canine anti-rabies vaccine approved by the animal control officer within ten (10) days after becoming four (4) months of age.

B. Effective July 1, 1987, all dogs shall be vaccinated at the following intervals:

C. No vaccine is licensed for use on wildlife.

(Ord. 225 (part), 1988).

Rabies vaccination shall be performed by a California State Licensed Veterinarian, hereinafter referred to as the "vaccinator." The vaccinator shall issue to the owner of the dog which he has vaccinated a certificate in form approved by the city manager showing the date of the vaccination and such other information as is required by state law or the city. The vaccinator shall also submit a report of the vaccination to the city ten (10) days of the giving of the vaccination on a form furnished by the city.

(Ord. 225 (part), 1988).

The owner of any animal that bites any person, and any person who treats any other person for an animal bite, shall report the circumstances of the animal bite incident to the animal control officer who in his discretion shall place the animal under regulation or quarantine in a humane manner for such time as may be required or permitted by state law. The regulation or quarantine may be conducted at the home of the owner of the animal or at such other place as may be designated by the animal control officer, and the animal shall be kept securely confined while under observation. Dogs or cats that have bitten any person and are not vaccinated for rabies shall be quarantined at the county animal shelter and the owner shall be liable for the board and care fees.

(Ord. 225 (part), 1988).

Whenever the owner of an animal observes or learns that the animal shows symptoms of rabies or acts in a manner which would lead to a reasonable suspicion that it may have rabies, the owner of the animal shall immediately notify the animal control officer. If it appears to the animal control officer that any animal is afflicted with rabies, he may apprehend and destroy the animal forthwith and shall take such other action as he deems necessary to prevent the spread of the disease.

(Ord. 225 (part), 1988).

Whenever any animal susceptible to rabies is exposed to another animal suspected of having rabies the owner of the animal so exposed shall, upon learning thereof, immediately notify the animal control officer. Exposed animals shall be treated as required by state law. When any animal is quarantined by the animal control officer, it shall be unlawful for the owner of the animal or any other person to violate the quarantine. Any of the following acts shall constitute a violation of the quarantine:

A. Removing the animal from the quarantine premises;

B. Allowing the animal to run at large;

C. Destroying the animal without animal control officer authorization;

D. Failing to notify the animal control officer of the animal's death immediately upon the occurrence thereof;

E. Disobeying any of the quarantine restrictions imposed by the animal control officer;

F. Allowing the animal to come in contact with other animals or persons.

(Ord. 225 (part), 1988).

A. It shall be unlawful for any owner of a dog to keep or maintain the dog in any place in the city unless it is licensed pursuant to this chapter or is specifically exempt from such licensing requirements. This chapter shall not apply to the following:

1. Dogs wearing unexpired license tags from another jurisdiction; or

2. Dogs under the age of four (4) months which are secured or confined within the private property of their own;

3. Any dog owned by or in the charge of any person who is a nonresident of the city and is traveling through the city or temporarily visiting therein for a period not exceeding thirty (30) days provided the dog has been vaccinated consistent with city requirements and the owner or person in charge presents proof of such vaccination upon demand; and further provided, that the dog is confined on the property of the person in charge of it while temporarily in the city;

4. Any dog brought into and maintained in the city for a period not to exceed thirty (30) days for the exclusive purpose of entering it in any show, exhibition, field trials, training or competition or for breeding purposes, provided the dog has been vaccinated consistent with city requirements and the owner or person in charge presents proof of such vaccination upon demand; and further provided, that the dog is confined on the property of the person in charge of it while in the city except when being groomed, trained, bred, shown, exhibited or in competition.

B. No license tag or tattoo shall be issued for any dog until satisfactory written evidence is presented that the dog has been vaccinated against rabies in a manner approved by the animal control officer.

(Ord. 225 (part), 1988: Ord. 123 §2, 1977: Ord. 83 §3, 1971: Ord. 11 §3, 1961).

All city police officers or any person appointed by the city council as an animal control officer shall seize and impound and destroy in the manner provided by law in this chapter any dog subject to license under this chapter which is not licensed or is not wearing the license tag provided in this chapter, or is running at large in violation of and contrary to the provisions of this chapter; provided, however, that not later than twenty-four (24) hours after the impounding of any dog the owner, if known to the officer, shall be notified. The owner of any dog so impounded may reclaim each dog within five (5) days upon payment of the license fee, if unpaid, and of all costs and charges incurred by the city for impounding and maintenance of such dog. The charges for redemption, impounding, keeping and the procedure therefor not otherwise provided for in this chapter shall be as provided for by resolution adopted by the city council. No dog may be redeemed unless such dog is properly vaccinated against rabies effective for the current calendar year. In the event the owner does not claim the dog and pay the fees provided in this chapter for redemption within five (5) days after seizure and in the event the city continues to hold the possession, the city may deliver the dog to any other person desiring the dog upon his paying the fees provided in this chapter and complying with the vaccination requirements of this chapter, or the city may otherwise dispose of or destroy the dog in a humane manner. If it appears to the impounding officer that a dog is afflicted with rabies, he shall forthwith kill and destroy such dog or shall take such other action as in his discretion he deems necessary to prevent the spread of such disease and in such case the dog shall not be released.

(Ord. 302, 1996: Ord. 157, 1980: Ord. 106 §1, 1975: Ord. 11 §4, 1961).

A. It shall be unlawful for the owner of any dog to allow it to be on the private property of another person or public property without the consent of the person owning, occupying or controlling the property. Animals on the property of another person with the consent of the person in charge of the property shall be under such restraint as is necessary to protect persons and other animals from injury and to protect the property from damage. In particular, dogs shall be restrained by a leash not longer than six feet (6') in length and under the immediate control of the handler or confined within an enclosed pen when on public property unless the officer in charge of the property has consented to the owner exercising another form of restraint.

B. Any person who at any time finds any animal at large in violation of any of the provisions of this section may take up, confine and hold the animal; provided, that such person shall within four (4) hours thereafter notify the animal control officer of the fact that he has the animal in his possession and shall surrender possession of the animal to the animal control officer upon demand. If the animal is taken up at a time when an animal shelter is not open for business, the person confining it shall within four (4) hours after the shelter reopens, notify the animal control officer that he has the animal in his possession and shall surrender the animal to the animal control officer upon demand.

(Ord. 225 (part), 1988: Ord. 11 §5, 1961).

It is unlawful for any residence other than a duly licensed veterinarian to keep, harbor or maintain in the city more than four (4) dogs subject to license under this chapter.

(Ord. 189, 1983: Ord. 36 §1, 1962: Ord. 11 (part), 1961).

No person shall keep or maintain, or cause or permit to be kept or maintained upon any premises in the city, or upon any public street, highway, sidewalk, alley, park, playground or other public place in the city, any animal, bird or fowl which by any barking, howling, whining, crowing or by any sound or cry whatsoever disturbs the peace and comfort of any neighborhood or interfere with the reasonable and comfortable enjoyment of life or property by any person. Every day during which any person continues to keep or maintain any such animal, bird or fowl shall be a separate violation of this chapter.

(Ord. 201, 1984).

A. The animal control officer is authorized to impound any and all animals which are kept, maintained or found at large in violation of any of the provisions of this section and otherwise enforce all statutes, regulations and ordinances relating to the control of animals within the incorporated areas of the city.

B. The animal control officer is further authorized to cooperate with veterinarians within the city to develop a comprehensive licensing and spay and neuter program.

C. City animal control officer is the designated enforcement agency of the city.

(Ord. 225 (part), 1988: 0th. 209, 1985).