Avenal Municipal Code Ch. 1 Animals and Fowl

Sections: 6-1.01 Definitions. 6-1.02 Chief of Animal Control. 6-1.03 Rabies vaccinations. 6-1.04 Dog licenses. 6-1.05 Prohibited conduct. 6-1.06 Animals to be impounded. 6-1.07 Diseased or vicious animals. 6-1.08 Notices to owners of animals impounded. 6-1.09 Hearings following impoundment. 6-1.10 Redemption. 6-1.11 Redemption fees. 6-1.12 License fees to be paid upon redemption. 6-1.13 Records of impounded animals. 6-1.14 Epidemics. 6-1.15 Duty to report bites. 6-1.16 Right to contract for animal control services. 6-1.17 Penalties for violations. 6-1.18 Use of license and other revenue. 6-1.19 Interference with officer. 6-1.20 Vicious dogs.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 2 6-1.01 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) "Division of Animal Control Services" shall mean that section of the local government, or its designated contract agent, which is specifically charged with the regulation and enforcement of laws dealing with animals within its jurisdiction. (b) "Chief of Animal Control" shall mean that person designated as Director of Animal Control for the local government and his duly authorized officers. (c) "Animal control shelter" shall mean the facilities provided for the impounding of animals. (d) "Health Officer" shall mean that person appointed by the Board of Supervisors of the County and any other person duly authorized by him to act on his behalf. (e) "Impoundment" shall mean the taking up and confining of an animal by the Chief of Animal Control. (f) "Kennel" shall mean any enclosure, premises, building, structure lot, or area in or not which dogs or cats of at least four (4) months of age are kept, harbored, or maintained for commercial purposes. (g) "Owner" shall mean a member of the household or business where an animal is being kept or a designated agent of that household or business. (h) "Person" shall mean a fictional entity, such as a corporation, estate, association, partnership, or trust, as well as one or more individual human beings. (i) "Animal Control Officer" shall mean any Animal Control Officer, Humane Officer, or other officer employed by the Department of Animal Control whose duties relate to the enforcement of this chapter. 6-1.02 Chief of Animal Control. (a) Responsibility. The Chief of Animal Control shall be responsible for the enforcement of this chapter, and his duties shall include, but not be limited to, the following: (1) To administer the animal control shelter and keep such records as may be required by law or by contract; (2) To take up and impound animals which are in violation of this chapter or for the safekeeping of the animal to protect its health and welfare; (3) To remove and dispose of the carcass of any animal found on any public highway, street, alley, or other place; (4) To quarantine animals and to cooperate with the Health Officer; and (5) To enforce the provisions of this chapter related to regulations and prohibitions as to the number, type, and location of animals. (b) Enforcement. The Chief of Animal Control and his officers shall have the duty of enforcing this chapter and the laws of the State relating to the care, treatment, or impounding of animals or for the prevention of cruelty thereto.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 3 (c) Authority to arrest. In the performance of their duties the Chief of Animal Control and his officers shall have the authority to issue notices to appear in court pursuant to Chapter 5c (commencing with Section 853.5) of Title 3 Part 2 of the Penal Code of the State for violations of State and Local animal control laws. This authority is based on Section 607 (b) and (g) of the Civil Code of the State. (d) Authority to enter premises. The Chief of Animal Control shall have the right to enter upon any private or public property in the City of Avenal in order to examine or capture any dog thereon or therein; provided, however, that no such officer or employee shall have the right to enter a house, which is in use as residence without first having secured a search warrant therefore. The Chief of Animal Control is authorized to enter upon any premises upon which any animal is kept, for the purpose of taking up, seizing or impounding any animal found running at large, or staked, herded or grazing thereon, contrary to the provisions of this Code, or for the purpose of ascertaining whether such animal is registered as provided in this Code, 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 dumb animals or the prevention of cruelty to dumb animals is being violated. 6-1.03 Rabies vaccinations. Every dog owner, after his dog attains the age of four (4) months, shall procure every other year its vaccination by a licensed veterinarian with a canine anti-rabies vaccine approved by and in a manner prescribed by the State Department of Public Health. 6-1.04 Dog licenses. (a) Requirements. The owner of every dog over the age of four (4) months owned and harbored in the City shall obtain an animal license therefor. New residents shall have sixty (60) days in which to acquire such license. The fee for such license shall be in accordance with the fee schedule provided by resolution. The fee paid for the licensing of spayed or neutered dogs shall be one-half (½) or less of such license upon the presentation of the proper certification. Any person who shall fail to pay such license fee after such fee is due, or such dog is required to be licensed, shall pay a penalty in accordance with the fee schedule. A license shall be obtained, but no license fee shall be payable, for the licensing of any dog which is being used for guide purposes by a handicapped resident of the City, or for a dog which has served as a member of the armed forces of the United States of America, or for any dog currently being used by a local law enforcement agency for the purposes of crime prevention or control. (b) Exemptions. The licensing regulations of this chapter shall not be applicable to the following: dogs used for diagnostic purposes or research, the use having been approved by the State Board of Public Health pursuant to Section 1666 of the Health and Safety Code of the State; dogs which are owned by veterinarians licensed by the State and which are kept or maintained on the premises used by such veterinarians in their practice; and dogs kept by owners of pet shops for the purposes of sale, circuses, animal exhibits; or other enterprises maintaining dogs for sale which have been granted business licenses by the City. (c) Tags. The Chief of Animal Control is hereby required to procure plates or tags having thereon the number of the license and figures indicating the year for which the fee has been paid, and he shall keep a record of the name of the owner or possessor and a description of the dog for which the license is issued and the number of the license, and he shall deliver such tag to the person paying for such license tag as provided by this chapter. (d) Duplicate tags. Whenever a license tag has been stolen or lost, the owner or possessor of the dog for which the tag was issued, upon the payment of the required fee may receive a duplicate tag for the remaining portion of the licensed period. (e) Wearing of tags by animals required. Any dog for which a license is hereby required shall have around its neck a suitable collar, having attached thereto such plate or tag with such inscription thereon as is required by this section.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 4 (f) Records. The owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold shall keep a permanent record of the name, address, and phone number of the purchaser of any canine along with the breed, color, sex, and age of each canine sold or given away. In addition, the owner or the operator shall forward such information to the Chief of Animal Control within thirty (30) days after any sale of transaction. The Chief of Animal Control shall have the right to inspect the records during normal business hours related to sales or transactions under the provisions of this section. 6-1.05 Prohibited conduct. No owner or possessor of any animal shall cause, permit, or allow the animal to do any of the following: (a) To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in the City unless the animal is properly licensed and saddled, harnessed, haltered, or leashed by a substantial chain, lead rope, or leash, which chain, lead rope, or leash shall be continuously held by some competent person capable of controlling such animal. All cats shall be exempted from the provisions of this section; (b) To trespass upon any private property without the consent of the owner thereof, and it shall further be unlawful for the owner or keeper of any animal, after receiving written notice by registered mail from any owner or tenant of private property, to allow or permit the animal to remain upon the property or to habitually continue to trespass thereon; (c) To suffer or permit such animal to habitually bark or act in such a manner as to continuously disturb the peace of any citizen or otherwise be a public nuisance; and (d) To be without proper and adequate food, water, shelter, care, and attention pursuant to Section 597F of the Penal Code of the State. (e) To wilfully abandon any dog or other animal with the City. (f) To keep any hive of bees within two hundred (200) feet of any residence, hospital, sanitarium, public eating place, school, church, office building, store, hotel, apartment house, roominghouse, or any other place of habitation. This section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician's office or laboratory for medical research, treatment, or other scientific purposes, provided they are not permitted to fly at large. (g) To keep the stable, barn, stall, pen, coop, building, or place in which any animal, fowl or bird is kept in an unclean and unsanitary condition. (h) To slaughter or cause to be slaughtered any animal within two hundred feet of any residence, hospital, sanitarium, public eating place, school, church, office building, store, hotel, apartment house, roominghouse, or any place of habitation. This subsection shall not apply to the slaughter of animals within an educational institution for study or observation, or within a laboratory or such other facility which has been approved for such use. In areas where slaughtering is allowed, the entrails must be buried on-site to a depth of at least three feet within two hours of slaughtering or shall be picked up and disposed of in an approved manner. (Ord. 84-09 § 1, 1984) 6-1.06 Animals to be impounded. Every animal kept or found in violation of the provisions of this chapter may be taken up and impounded by the Chief of Animal Control. Such animal may be redeemed by the owner or person entitled to its possession within seventy-two (72) hours thereafter on the payment of such fees and

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 5 charges as provided by resolution, but, if not so redeemed, such animal may be destroyed by the Chief of Animal Control. If no person appears and redeems said dog within seventy-two (72) hours from the giving of the notice as herein provided, the person in charge of the impound facility may cause and direct the dog to be sold or may cause and direct the dog to be placed with a home by such person to be suitable. The receipt for the sale thereof, shall be a valid title to the purchaser, subject, however, to the right of redemption as set forth in this chapter. In order to reduce the likelihood that dogs allowed to be at large shall breed unwanted animals, any dog impounded for being at large which previously has been redeemed from the Animal Control Shelter after impoundment for being at large shall be spayed or neutered at the redeeming owner's expense prior to a second or subsequent redemption. The Chief of Animal Control may waive this requirement when there are extenuating circumstances that justify waiver. To ensure the sterilization of a redeemed animal, the owner shall be required to pay a seventy-five dollar ($75.00) deposit to the City of Avenal prior to redeeming his/her dog for spaying or neutering. This amount may be increased or decreased as the law changes and/or is modified. If the animal is not sterilized within fourteen (14) business days from the date of redemption/payment of deposit, the deposit shall be forfeited to the City. Once the animal has been sterilized, as evidenced by a written statement signed by a licensed veterinarian, the entire deposit will be refunded to the owner within thirty (30) days of the owner providing such evidence to the City. The forfeited funds may be expended only for programs to spay/neuter dogs and cats. In the event the Chief of Animal Control determines that a dog shall be spayed or neutered at the redeeming owner's expense prior to redemption, the Chief of Animal Control shall notify the owner of this requirement in writing and inform the owner of the owner's right to appeal as provided in this section. The owner of the animal may, prior to the date specified by the Chief of Animal Control in the written notice, appeal the determination of the Chief of Animal Control by filing a notice of such appeal with the Chief of Animal Control. The City Manager shall appoint a hearing officer, who may be an employee of the City. The hearing shall be informal. The hearing officer shall determine, based on evidence presented, whether the Chief of Animal Control correctly determined that the requirement to spay or neuter applies, and if so, whether there are any extenuating circumstances which justify waiver of the requirement to spay or neuter, or waiver of the requirement that the owner pay for the procedure. The decision of the hearing officer shall be final. (Ord. No. 2011-03, § 1, 3-24-2011) 6-1.07 Diseased or vicious animals. Whenever the Chief of Animal Control shall have reasonable cause to believe that any animal, either licensed or unlicensed, is diseased or vicious or dangerous to any person or other animal, the Chief of Animal Control is hereby directed to take custody of such animal and impound the animal in a safe place for such period of time as is required in order to observe, examine, and determine whether or not such animal is diseased or vicious or dangerous or constitutes a menace to the public health or safety. It shall be the duty of the Chief of Animal Control to observe and examine any such animal and determine whether the animal is diseased or vicious or dangerous or does constitute a menace to the public health or safety. If it is so determined, it shall be unlawful for any person to continue to maintain such animal; otherwise, such animal shall be returned to the owner or person entitled to its possession. 6-1.08 Notices to owners of animals impounded. Within twenty-four (24) hours after the impoundment of any animal, the Chief of Animal Control shall notify the owner or possessor of the animal, if known, that the animal has been impounded and the date of impounding. If the owner or possessor of such animal is not known to the Chief of Animal Control, the

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 6 Chief shall maintain records of such impoundment for at least thirty (30) days after the date of the impoundment. 6-1.09 Hearings following impoundment. Any owner or possessor of any animal impounded pursuant to this chapter that is (a) found to be without proper and adequate food, water, shelter, care, and attention; or (b) found to be diseased or vicious or dangerous to any person or other animal or has bitten any person or other animal shall be entitled to a hearing conducted by the City Manager, Health Officer, or designee into such seizure within ten (10) days following such impoundment provided such owner or possessor files a written request with the Chief of Animal Control within three (3) days following the notice of such impoundment. In any case, such owner or possessor shall be liable for all costs related to such seizure. 6-1.10 Redemption. The owner or person entitled to the control or custody of any animal impounded, at any time before the sale or other disposition thereof, may redeem the animal by paying all the proper fees and charges thereon made by virtue of any of the provisions of this chapter. Whenever such animal is redeemed, the person redeeming shall receive from the Chief of Animal Control duplicate receipts for the same. The Chief of Animal Control shall give to any person redeeming such animal a receipt for the redemption money. 6-1.11 Redemption fees. The fees for animal shelter services in impounding and caring for animals shall be by type of animal as follows, and no animal shall be released by its owner or possessor before such fees as are provided by resolution are paid in full: (a) Type A: Horse, mare, mule, ass, bull, ox, calf, or other animal of similar size; (b) Type B: Sheep, lamb, goat, hog, or other animal of similar size; (c) Type C: Dog; (d) Type D: Cat; and (e) Type E: Bird, fowl, rabbit, hamster, rodent, or other animal not specified or set forth in this section. 6-1.12 License fees to be paid upon redemption. If a license fee has not been paid for the then current period for any impounded dog, the party redeeming, before redemption, shall pay such license fee. 6-1.13 Records of impounded animals. The Chief of Animal Control shall keep a record of the number of all animals impounded, showing in detail, in the case of each animal, the description, date of receipt, the date and manner of disposal, the name of the person redeeming or purchasing, the fees and charges and proceeds of sales received on account thereof, and such additional records as may be required.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 7 6-1.14 Epidemics. The County Department of Health and Welfare may determine and declare that rabies are epidemic or that another unusually dangerous health situation exists around dogs and other animals in the jurisdiction, or in any part thereof. Upon the making of such description, the Health Officer shall prepare and promulgate such rules and regulations as are necessary for the control of the dogs and other animals within such area. Such rules and regulations of the Health Officer may include, but are not limited to, the quarantine, vaccination, and destruction of diseased or suspected or stray animals by humane methods. It shall be the duty of the Chief of Animal Control to assist the Health Officer in carrying out such rules and regulations. 6-1.15 Duty to report bites. It shall be the duty of any person having knowledge that any animal has bitten a human being to report the fact immediately to the County Department of Health and Welfare, the Chief of Animal Control, or the local law enforcement agency having jurisdiction and to furnish complete information thereof. 6-1.16 Right to contract for animal control services. The Council may contract for animal control service with the County or any humane society or other organization, corporation, or association upon such terms and conditions as may be agreeable. 6-1.17 Penalties for violations. Any person who commits any act declared by any provision of this chapter to be unlawful, or who violates the provisions, or fails to comply with the mandatory requirement of any section or portion of this chapter shall be punishable as for an infraction. Every violation shall be punishable by: (a) A fine not exceeding Fifty and no/100ths ($50.00) Dollars for a first violation; (b) A fine not exceeding One Hundred and no/100ths ($100.00) Dollars for a second violation of this chapter within one year; and (c) A fine not exceeding Two Hundred Fifty and no/100ths ($250.00) Dollars for each additional violation of this chapter within one year. 6-1.18 Use of license and other revenue. All revenue derived from the fee schedule (except for board fees), and all revenue derived from fines, forfeitures, and penalties related to the enforcement and administration of these provisions, shall go to the general fund. 6-1.19 Interference with officer. It shall be unlawful for any person in any manner to interfere or attempt to interfere with any duly authorized enforcement officer engaged in the performance of any duty imposed or authorized by this chapter, or for any person to unlawfully take or attempt to take any dog or other animal seized pursuant to the provisions of this chapter from the custody of such officer, or for any person to remove or attempt to remove from impoundment any dog or other animal without first having redeemed such dog or animal as provided in this chapter, or without first having obtained the permission of such officer to do so.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 8 6-1.20 Vicious dogs. It shall be unlawful for any person to permit any vicious dog owned by such person, or under his control, to run at large. Any dog which viciously attacks other dogs or animals, or which has once bitten or otherwise has physically attacked a human being without reasonable provocation, shall be conclusively presumed to be vicious. Any dog which has been taken into custody as the result of a complaint under this section shall be held by the Animal Control Division of the City at the cost and expense of the owner of such dog pending a resolution of the charges so filed and until a determination is made of the case. When the charge has been finally determined, the court, in addition to other penalties imposed by this chapter, may order that the dog be destroyed.