Barstow Municipal Code Ch. 8.04 General Provisions

For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, the following terms shall have the following meanings:

Animal includes any mammal, poultry, bird, reptile, fish, or any other dumb creature.

At large means a dog off the premises of its owner and not under restraint by leash, or chain, or not otherwise controlled by a competent person.

Dog includes female as well as male dogs.

Horse includes mule, burro, pony, jack, hinny or jenny.

Kennel means any person, firm or corporation engaged in the commercial business of breeding, buying, selling, or boarding dogs and/or cats.

Owner means any person, firm or corporation, owning, having an interest in, or having control or custody or possession of any animal.

Person includes any person, partnership, corporation, trust and association of persons.

(Code 1969, § 8.04.010; Ord. No. 883-2011, § 1, 7-18-2011)

Whenever any reference is made to any portion of this title such reference applies to all amendments and additions thereto now or hereafter made.

(Code 1969, § 8.04.020; Ord. No. 883-2011, § 1, 7-18-2011)

Whenever this title grants the power to, or imposes a duty upon the humane officer or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless a provision in this title expressly provides otherwise.

(Code 1969, § 8.04.050; Ord. No. 883-2011, § 1, 7-18-2011)

(a) Humane officers. Employees of a public pound, society for the prevention of cruelty to animals, or a humane society who have qualified as humane officers pursuant to California Corporations Code § 14502 are authorized to issue notices to appear in court pursuant to Penal Code § 853.5 for violations of state animal control laws or chapters 8.04 through 8.16, or violations of the provisions of title 19 insofar as it enforces sections 19.16.020(1), and 19.20.040(4), at such times as there exists a valid contract for these services between the city and the public pound, society for the prevention of cruelty to animals, or humane society.

(b) Animal control officers. Animal control officers employed by the city and animal control officers who are employees of a public pound, society for the prevention of cruelty to animals, or a humane society are authorized to issue notices to appear in court pursuant to Penal Code § 853.5 for violations of this title or the provisions of title 19, at such times as they are employed directly by the city or there exists a valid contract for these services between the city and the public pound, society for the prevention of cruelty to animals, or humane society.

(c) Only within the city. The authority of the humane officers and animal control officers is limited to the jurisdiction of the city. Humane officers and animal control officers are not authorized to take any person into custody even though the person to whom the notice is delivered does not give his written promise to appear in court.

(Code 1969, § 8.04.060; Ord. No. 883-2011, § 1, 7-18-2011)

State Law reference— Powers and duties of local officers for failure of animal owner to care for animal, Penal Code § 597.1.

Consistent with Penal Code ch. 597, no person may torture, torment, deprive of necessary sustenance, drink, or shelter, cruelly beat, mutilate, or cruelly kill any animal, or cause or procure any animal to be so tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed, or to live in a grossly unsanitary situation; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or allows the animal to live in a grossly unsanitary situation, is in violation of this Code.

(Code 1969, § 8.04.070; Ord. No. 883-2011, § 1, 7-18-2011)

All dogs shall be properly licensed and vaccinated against rabies. The term of the license shall not exceed the expiration of the rabies vaccination. Any licensed animal shall renew their license prior to the expiration of their current license. The licensing authority shall include the potentially dangerous designation in the registration records of the dog, either after the owner or the keeper of the dog has agreed to the designation or after the city has determined the designation applies to the animal. The city shall charge a regular licensing fee to provide for the increased costs of maintaining the records of the animal.

No person owning or having charge of any animal or fowl shall permit the same to be at large on any highway, street, sidewalk, lane, alley or other public place, or upon any private property other than that of the person owning or having charge of such animal or fowl unless such owner or person having charge of such animal or fowl has the consent of the owner of the private property.

(a) Definition. The term "dead animal," as used in this chapter, means the dead body of any animal.

(b) Unlawful disposal prohibited.

(1) It is unlawful for any person owning or having control of a dead animal to permit such dead animal to remain unburied for a period in excess of 24 hours.

(2) It is unlawful for any person owning or having control of a dead animal to place the body in any street, park or public place or in any public refuse receptacle.

(c) Exceptions. This section shall not apply to any animal killed for the purpose of consumption, provided that the remains of such dead animal are processed in such a manner as to prevent such dead animal from spoiling.

(d) Cost of removal. In addition to any other penalty in this title, the city shall be entitled to dispose of any dead animal coming within the prohibitions of this chapter if such animal remains unburied for a period in excess of 24 hours and/or is placed in any street, park, public place, or in any public refuse receptacle. Such costs of removal and burial shall be a lien and charge against the owner and person in control of such animal immediately prior to its death. The city shall attempt to contact the owner of such dead animal prior to disposing of same. Fees shall be established pursuant to a resolution of the city council.