Chapter 6.08 — DOGS AND OTHER ANIMALS

When used in this section, the words defined in this section will have the meanings prescribed as follows;

A.

Animal. "Animal" means any members of the kingdom Animalia exclusive of Homo sapiens.

B.

Animal Control. Animal control is the section within the Atwater Police Department designated by the Chief of Police.

C.

Animal Nuisance. Animal nuisance shall mean such actions or behaviors of an animal which interferes with the rights of persons to the enjoyment of life and property by creating chronic annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept, harbored or maintained, and shall include, but not be limited to the following:

1.

Causing fouling of the air by the unpleasant odor of accumulated fecal waste or urine;

2.

Causing unsanitary conditions in enclosures or surroundings;

Making excessive noise;

4.

Causing danger or offense to public health, safety, or welfare by virtue of the number or types of animals maintained.

E.

At Large. "At large" means an animal off the premises of its owner and either:

1.

Not under the control and in the immediate presence of the owner, or

2.

If a dog or a cat, not under physical restraint.

F.

Animal at Large Causing Injury. "At large causing injury" means an animal off the premises of its owner as outlined in subsection E of this section which through direct or indirect action causes or inflicts injury to any person. The injury is described as a wound or other types of injury which would require medical attention.

G.

Dangerous Animal: Dangerous animal means any animal including a dog (except a dog assisting a peace officer engaged in law enforcement duties) which can be categorized in any one of the following manners.

1.

Any animal which behaves in such a manner that the owner thereof knows or should know that the animal poses a threat to public safety.

2.

Any animal which because of its size, training, behavior, physical nature, or vicious propensity would threaten public safety were it not controlled as prescribed in this section.

3.

Any animal which threatens or attacks any person in a manner which requires substantial defensive action by any person to prevent bodily injury.

4.

Any animal which threatens or attacks any other animal belonging to another when such other animal is confined upon private property or otherwise lawfully restrained and controlled.

H.

Dangerous Behavior. Dangerous behavior means any acts committed by an animal as defined in subsection G herein.

I.

Dog License. Dog license as used in this section, means a metallic tag which will be firmly affixed to the animals collar on which is imprinted: the phone number and name of the issuing agency, and the serial number unique to the individual tag. These tags will be issued as outlined in Section 6.08.010 of the Atwater Municipal Code.

J.

Health Department. Health Department means the Health Department of the County of Merced.

K.

Owner. Owner means the primary or responsible person who possess, has title to or an interest in, harbors, provides care, or has control, custody or possession of an animal, and the verb "to own" includes all these shades of meaning.

L.

Impoundment. Impoundment means the taking up and confining of an animal by the Animal Control Officer, or any person designated by the Chief of Police, in accordance with the provisions of this section or any other applicable law or regulation.

M.

Hearing Officer. Hearing officer means the person appointed by the Chief of Police to preside at and render judgments from hearings transacted under the authority of this section. This person may be an employee of the City of Atwater who is not assigned to Animal Control.

N.

Hearing. For the purposes of this section "hearing" means the process prescribed for the redress of issues relating to or arising from the enforcement of this section including, but not limited to, dangerous and vicious animals, animal nuisances, permits, or such other administrative matters as pertain to the application of this section.

O.

Vaccination. Vaccination means the inoculation of an animal with a vaccine approved by and in the manner prescribed by the State of California, Department of Health Services.

P.

Vicious Animal. Vicious animal means any animal including a dog (except a dog assisting a peace officer engaged in law enforcement duties) which has, on one or more occasions, committed any one or more of

the following acts:

1.

Physically attacked, mauled, or physically injured by biting another person, without provocation, at a place other than upon private the property where the animal is maintained by the owner.

2.

Physically attacked, mauled, or physically injured by biting any person, without provocation, when the owner thereof knows or reasonably should know that the animal poses a threat to the public safety and has made no substantial effort to prevent the attack or when the owner has purposefully encouraged or commanded the animal to attack, maul, or physically injure any person.

3.

Physically attacked and injured by biting any animal, without provocation, which is lawfully maintained or controlled upon public or private property.

Q.

Vicious Behavior. Vicious behavior means any acts committed by an animal as defined in subsection (P) herein.

(Ord. CS 535, 1983; Ord. CS 745, 6-9-1997)

A.

Every person who owns, possesses, or harbors a dog four months of age or over within the limits of the City shall have a City license for the dog. The license shall be issued upon application therefore by the City upon presentation of a rabies vaccination certificate from a duly licensed veterinarian covering the dog and upon payment to the City of the established fee. This license fee will be due and payable on or before the first day of April of the applicable year and shall cover a two-year period from January through December. With the issuance of a three-year license, the licensing shall cover a three-year period from January through December. This section shall not apply to persons who can, with proof, show they are visiting or vacationing in the City of Atwater at the time contact is made with their dog. In the case of a dog bite persons visiting or vacationing in the City of Atwater shall have proof of current rabies vaccination for said dog.

B.

No fees shall be charged for guide dogs for the blind or for dogs under training by an instructor licensed pursuant to California Business and Professions Code Section 7210.

C.

Each person acquiring a dog over the age of four months who acquired it after April 1 in any year shall within ten days after acquiring the dog make application to the City and pay to the City a dog license fee.

In the event any such owner fails to make application and pay the license fee within ten days after acquiring a dog over the age of four months, they shall thereafter pay a license fee and a $10.00 penalty for the license years, and the sum shall be payable immediately upon the expiration of a ten-day period of time.

(Ord. CS 686, 1992; Ord. CS 705, 1993; Ord. CS 745, 6-9-1997)

The issuance by animal control and the acceptance by the owner of any license or permit to keep an animal as provided for herein is prima facie evidence that the owner agrees to comply with the terms and conditions set forth in this ordinance and that the owner has satisfied the basic licensing requirements under this section. Such issuance shall be given no evidentiary weight to indicate that the owner has conformed to zoning regulations, building regulations, health and safety regulations or to any other applicable rule, regulation or statute.

A.

Exemptions. The licensing regulations in this section are not applicable to the following:

1.

Owners of animals kept as all or part of the stock of a pet shop, animal exhibits when such enterprises are operated under business licenses granted by the City.

2.

Service dogs that have been trained and certified assist the blind, deaf, or physically challenged.

(Ord. CS 535, 1983; Ord. CS 745, 6-9-1997)

Any person over the age of 62 years shall pay one-half the applicable fees in this section.

(Ord. CS 535, 1983; Ord. CS 745, 6-9-1997)

If any dog license fee as provided in Section 6.08.020 is not paid to the City on or before the first day of April, the license fee which such owner shall thereinafter pay the normal license fee plus a penalty fee established by the City Council.

(Ord. CS 498, 1982; Ord. CS 745, 6-9-1997)

Each person who brings a dog into the City over the age of four months shall make application within ten days after bringing it into the City and pay a dog license as set forth in Section 6.08.030. In the event any such person fails to have such dog licensed within said period of time, he shall thereafter pay the fee and the penalty as prescribed in Section 6.08.070.

(Ord. CS 498. 1982; Ord. CS 745, 6-9-1997)

Not withstanding any other provisions of this ordinance, the applicable fee for any spayed or neutered dog shall be one-half the fee applicable to other dogs.

(Prior Code § 5-2.104; Ord. CS 498, 1982; Ord. CS 745, 6-9-1997)

A.

Before issuing any dog license provided for in this chapter, and as a condition thereof, the City shall require of the person applying for the license the payment of the license fee provided for in Section 6.08.020 through 6.08.070, and likewise a certificate signed by a duly licensed veterinarian, showing the dog for which the license is applied has been by the veterinarian vaccinated against rabies within 90 days prior to the date of application for the dog license.

B.

Upon the receipt of the license fee and certificate, the City shall deliver to the person applying for the dog license a tag for the dog together with a seal or device impressed thereon which the owner shall attach to the collar or other device worn by the dog, and shall keep a record in the City office of the issuance of the license, showing the name of the owner.

(Prior Code § 5-2.108; Ord. CS 745, 6-9-1997)

There shall be held on the last three Saturdays of in January of each year a rabies vaccination clinic. This clinic shall be conducted by a duly licensed veterinarian who will, under contract negotiated with the City, vaccinate all dogs submitted to him at each clinic for the fee specified in such contract. This fee shall net exceed the sum of $4.00 per dog, and shall be payable by the person submitting the dog to the veterinarian for vaccination.

(Prior Code § 5-2.109; Ord. CS 745, 6-9-1997)

A.

No owner of any animal, wild or domestic, shall permit or suffer the animal to do any of the following:

1.

Be at large;

2.

Bite, scratch, or claw any human being or other animal without provocation;

3.

Act or be kept in such a manner as to constitute an animal nuisance within the meaning of this ordinance;

4.

Endanger the life or health of others;

5.

Damage the property of others; or

6.

Be afflicted with and not be receiving medically accepted treatment for zoonotic or other communicable diseases.

B.

All dogs within the corporate limits of the City, whether licensed or not, shall be kept at all times in enclosures sufficient to contain the dog or shall be enclosed in a vehicle, or shall be kept on a leash and/or under the control of a person capable of controlling the dog.

C.

The Community Services Officer or any Police officer is empowered to seize any dog, whether licensed or not, found loose, running at large, or in violation of this section, it being declared that dogs found loose, running at large or in violation of this section constitute a public nuisance.

D.

For dog barking nuisances, see Title 8, "Health and Safety," Chapter 8.44 "Noise Control," Section 8.44.080, "Barking Dogs and Other Animal Noises."

A separate offense shall be deemed committed for each day such condition exists.

(Prior Code § 5-2.110; Ord. CS 745, 6-9-1997; Ord. CS 881, § 1, 5-4-2007)

No person shall leave an animal, wild or domestic, in any unattended motorized vehicle without adequate ventilation, in unhealthful conditions which adversely affect its health, safety, or well being.

(Prior Code § 5-2.112; Ord. CS 745, 6-9-1997)

It shall be unlawful and a public nuisance for any owner, keeper or walker of any dog to permit such animal to discharge excreta upon public or private property, other than the owner of such animal, within the City if such owner, keeper or walker does not immediately thereafter remove and clean up such animal's excreta

from the public or private property. Unsighted persons while relying on a guide dog shall be exempt from this section.

(Ord. CS 498 (part, 1982; Ord. CS 745, 6-9-1997)

The owner of any animal kept in the City shall provide proper and adequate food, water, shelter, qualified medical care and attention for such animal at a level which insures the animals safety, good health, and well being. The owner shall maintain any enclosures or surroundings where the animal is kept in a sanitary condition.

(Prior Code § 5-2.105; Ord. CS 745, 6-9-1997)

A.

An animal shall be taken up and impounded at the Merced County Animal Shelter if any of the following conditions exist.

1.

Said animal is engaged an activity or existing in a condition prohibited by this section;

2.

Said animal is, or will be, without proper care due to the injury, illness, death, incarceration, or other involuntary absence of the owner of person responsible for the care of such animal; or

3.

Said animal is required to be quarantined.

B.

Impoundment on private property. An animal which has become subject to impoundment while off the property of its owner and has returned to the same shall not be impounded if the owner is present to accept a citation for the offense, unless, except as provided in Section 53074 of the California Government Code, a clear and present danger to the public safety exists by virtue of the animal remaining upon the property.

(Prior Code § 5-2.109; Ord. CS 745, 6-9-1997)

Unless a fee amount is specifically provided within this section, the City Council of the City of Atwater shall by resolution, from time to time, establish fees including but not limited to, fees for impoundment, licensing, animal permits, cat/dog redemption, or dead animal pick up.

(Ord. CS 459 (part), 1980; Ord. CS 745, 6-9-1997)

A.

Declaration: The keeping, harboring, maintaining, or owning of any animal committing an animal nuisance as defined in Section 6.08.010 of this chapter, in addition to being in violation of this section, is hereby declared to be a nuisance subject to abatement proceedings conducted in a similar, but not necessarily identical, manner as proceedings for abatement of other public nuisances.

B.

Authority to abate: Upon a determination after a hearing held in accordance with the provisions of Section 6.08.180, the Chief Of Police shall have the authority to take whatever measures are specified in the determination to abate the animal nuisance including, but not limited to, impoundment and destruction of the nuisance animal.

C.

Disposition of dogs seized and impounded which have not been redeemed: Every dog which has been seized and impounded as provided in Section 6.08.140 and which has not been redeemed by the person having the right to the dog as provided in this chapter, shall be disposed of as follows: if the impounded dog is not redeemed and released to the owner or agent and the required fees and costs paid at the time of the release, on or before the fifth calendar day after the day of the seizure, the dog will be put to death humanely in the Merced County Animal Shelter, on the sixth calendar day after the day of seizure; provided however, Employees of the Merced County Pound or the Atwater police Department Community Service Officer may on the sixth day segregate from the unclaimed dogs to be put to death, such worthy or valuable dogs which they deem likely to be purchased because of their intrinsic value or because a previous request has been received to purchase the dog(s) and such dog(s) shall be sold and a separate record of each dog shall be made by the Merced County Animal Shelter and the record and monies disposed of as provided under the current animal control agreement, excepting that no unclaimed dog shall be kept longer than a total of ten calendar days after the day of seizure and if not sold, shall be put to death in a similar manner to the other dogs and similar records made.

The bodies of all dogs euthanized shall be disposed of by the Merced County Animal Shelter.

D.

Any person who interferes with, opposes or resists the Community Services Officer while engaged in performing any duty imposed by this chapter or any other chapter or any other law of this City, or, without the permission of the Community Services Officer removes or takes away any animal from the animal control vehicle or opens any cage on the animal control vehicle for the purpose of enabling any animal to escape from said vehicle, shall be guilty of a misdemeanor.

(Ord. CS 459, 1980; Ord. CS 745, 6-9-1997)

A.

Purpose. The purpose of this section is to regulate the keeping of animals which are potentially dangerous or vicious or involve a threat to the safety of people or other animals on streets, sidewalks, and private property where the animals are not properly maintained as such animals constitute a serious hazard within the incorporated City limits of the City of Atwater. The increasing tendency to maintain dogs which, by virtue of breeding or training, have a propensity to attack others compounds the hazard.

Every owner of an animal is held strictly accountable for the exercise of such control over the animal as necessary to ensure that the animal does not injure innocent human beings or other animals who are not on the premises where the animal is maintained. Such strict accountability is hereby imposed whether or not the injury results from the negligence or fault of the owner, and regardless of the degree of precaution or control exercised by the owner.

B.

Owner responsible. Any owner of any animal is deemed responsible for the acts committed by that animal when the owner has failed to comply with the legal requirements for the keeping of that animal as defined in this section. No person shall permit or suffer an animal to act in such a manner as constitutes dangerous or vicious behavior as defined in Sections 6.08.010 (G) and 6.08.010 (P).

C.

A violation of any of the provisions of this section is punishable as follows:

1.

Any animal owner who maintains an animal in such a manner as to permit or suffer it to exhibit dangerous behavior shall be guilty of an infraction.

2.

Any animal owner who maintains an animal in such a manner as to permit or suffer it to exhibit vicious behavior shall be guilty of a misdemeanor.

Nothing in this section shall prevent prosecution for violations of other statutes or codes which may deal with other or more specific offenses, including but not limited to, penal and civil statutes.

(Ord. CS 745, 6-9-1997)

A.

Purpose. The purpose of this section shall be to create special procedures to assure full access to administrative remedies in the application or enforcement of this section and for the mediation of disputes involving any animal governed by this section.

B.

Cause for hearing. Hearings may be held to determine the following:

1.

That an animal is a nuisance animal within the meaning of Section 6.08.160.

2.

That an animal is a dangerous animal within the definition of Section 6.08.010.

3.

That an animal is a vicious animal within the definition of Section 6.08.010.

4.

That a permit has been denied, issued conditionally, or revoked in accordance with any provisions of this ordinance.

5.

That the decision of the hearing has been breached.

6.

That cause for an order no longer exists and the owner may be relieved of the conditions imposed by said order.

C.

Authority of hearing officer. The hearing officer shall be authorized within the scope of authority given by the Atwater City Council, to conduct hearings to resolve conflicts arising from the application and enforcement of any ordinance section relating to animal control, to make binding determinations, and to mediate disputes related to the keeping of animals within the City limits of the City of Atwater.

(Ord. CS 745, 6-9-1997)

A.

Any person shall have the right to kill any dog found in the act of killing, wounding or persistently pursuing or worrying any livestock or poultry on land or premises not owned or possessed by the owner of such dog, or if he has such proof as conclusively shows that such dog has been recently engaged in killing or wounding livestock or poultry on land, or premises now owned, or possessed by the owner of such dog.

B.

Any dog entering any enclosed property wherein livestock or poultry is confined may be seized or killed by the owner or tenant of such property or any employee of such owner or tenant.

C.

The provisions of this section shall not apply to dogs under the reasonable control of their owner or keeper unless actually caught in the act of worrying, chasing or killing any livestock or poultry.

(Prior Code § 5-2.109; Ord. CS 745, 6-9-1997)

A.

All dogs within the corporate limits of the City, whether licensed or not, shall be kept at all times in enclosures sufficient to contain the dog or shall be enclosed in a vehicle, or shall be kept on a leash and/or under the control of a person capable of controlling the dog.

B.

The Community Services Officer or any Police officer is empowered to seize any dog, whether licensed or not, found loose, running at large, or in violation of this section, it being declared that dogs found loose, running at large or in violation of this section constitute a public nuisance.

(Ord. CS 745, 6-9-1997)

A.

The Community Service Officer or any Police Officer shall ensure that all animals falling into the following categories shall be isolated or quarantined, and if destruction is necessary a rabies specimen be taken to the Merced County Health Department.

1.

Known rabid animals,

2.

Suspected rabid animals,

3.

Animals that have bitten or otherwise exposed human beings to the possibility of contacting rabies, and

4.

Animals of a species subject to rabies which have been bitten by a known or suspected rabid animal, or have been in intimate contact with a known or suspected rabid animal.

B.

In those circumstances where the bite or suspected exposure to rabies occurred while the victim was on the property of the owner of the animal or when the victim is a member of the family or household of the owner, and the animal is currently vaccinated against rabies and, as applicable, licensed as required under

Section 6.08.020 of this Code. The animal may , at the discretion of the Community Services Officer or a police officer, be quarantined on the property of the owner provided the following conditions are agreed to:

1.

The owner of said animal can and does agree to ensure its confinement for a period of ten days, and

2.

The owner agrees that upon demand of the Community Services Officer, an Atwater Police Officer or the Merced County Health Officer, at any time during the quarantine the animal be surrendered for inspection or impound.

3.

The owner agrees to immediately notify the Atwater Police Department and the Merced County Health Department if the animal escapes, becomes ill or dies.

C.

The owner also agrees to allow inspection of the premises and animal by the Atwater Police Department Community Services Officer, during quarantine and prior to release of the animal from quarantine.

D.

It is unlawful for the owner or keeper of an animal to violate any conditions of quarantine prescribed by the Atwater Police Department or the Merced County Health Officer.

(Ord. CS 745, 6-9-1997)

No person shall keep or maintain within the City limits of the City of Atwater, any animal that has been declared a vicious or dangerous animal as described in Section 6.08.010 without first obtaining a permit from the Police Department. An owner of a dangerous or vicious animal is required to pay, in addition to any licensing fee, an annual permit fee of $100.00 that will be renewable concurrent with the effective dates of the licensing of the animal. Except as otherwise provided in a decision rendered by a hearing officer, the keeping of an animal that has been declared dangerous or vicious shall, at the minimum, be subject to the following provisions:

A.

The animal must at all times, when not under restraint by leash on public property, securely confined under lock within a lawful fence. Except as provided by Section 17121 of the California Food and Agricultural Code, a lawful fence means any fence that is good, strong substantial and sufficient to prevent egress of the animal. No fence is a lawful fence within the meaning of this section, unless it is a height of at least five feet, is securely affixed at its base and maintained in good repair.

B.

The animal must, at all times when kept in any part of a house or structure, be confined in such a manner that the animal cannot exit such building on its own volition.

C.

The animal must, at all times, be properly licensed with the City of Atwater.

D.

The animal owner must notify the community services section of the Atwater Police Department within three calendar days if the location of the animal is to be permanently changed. An administrative fee will be charged to modify or re-issue a permit.

(Ord. CS 745, 6-9-1997)