Bishop Municipal Code § 6.04.010 Definitions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. Health officer means the county health officer or the officer's designated representative which shall include such county animal control officer as the officer shall appoint or cause to be appointed.

B. Kennel means any lot, building, structure, enclosure or premises whereon or wherein five or more dogs five months of age or older are kept or maintained for the purposes of breeding and raising dogs for sale, excepting duly licensed veterinary hospitals or pet shops.

C. Own means own, keep or harbor.

D. Stray dog means any dog within the city over the age of four months, excepting that dog which wears a collar bearing the proper official identification tag as described in this chapter.

E. Wild dog means any dog living in a wild state away from human habitation.

(Code 1985, § 6.04.010; Ord. No. 419, § 1, 1984)

A. It is unlawful for any person residing in the city to own or maintain therein any dog over the age of four months unless the dog has been licensed according to the terms of this chapter.

B. Immunization against rabies shall be a prerequisite of licensing. The immunization shall be performed by a duly qualified veterinarian within two years with any vaccine approved by the state, excepting that in every case where the date of expiration of vaccination occurs less than six months after the licensing date, the dog shall be revaccinated prior to licensing. Written proof of anti-rabies vaccination shall be presented to the county health department or other duly authorized representative at the time of licensing and shall be a prerequisite of licensing.

C. Dogs brought into the city after January 1 of each year must be licensed and vaccinated within 14 days or have a current valid license and proof of vaccination from another jurisdiction.

D. Dogs awaiting licensure, dogs under the age of four months, and unlicensed dogs belonging to nonresidents of the city shall at all times be under restraint by leash or held confined within a secure enclosure.

(Code 1985, § 6.04.020; Ord. No. 419, § 2, 1984)

Such license fees as shall be set by resolution of the county board of supervisors shall apply in the city and are adopted by this reference. License fees shall be due and payable on January 1 and shall be delinquent after the first Monday in February at which time a delinquent fee of 50 percent of the base license fee shall be added to the base fee and the total shall become due and payable; excepting that any dog under four months of age shall be exempt from the requirements of this section and shall be licensed within 30 days after reaching the age of four months.

(Code 1985, § 6.04.030; Ord. No. 419, § 3(1), 1984)

A kennel license may be issued to any person or entity that owns five dogs or more and is engaged in the business of breeding and raising dogs for sale. A kennel license may be issued only after prior approval by the health department. The department shall determine the adequacy and purpose of the kennel facilities. The amount of kennel license fee and delinquency fee shall be set by resolution of the county board of supervisors, which fee shall apply in the city. Payment of a kennel license fee shall entitle the applicant to an official identification tag for each dog over the age of four months for which proof of rabies vaccination is submitted. A kennel license is not transferable. Any person who purchases a dog from a kennel shall obtain a new individual license for the dog within 14 days after date of purchase.

(Code 1985, § 6.04.040; Ord. No. 419, § 3(2), 1984)

The imposition and/or requirement of any and all such license fees shall not operate in any manner or be deemed to preempt the right of the city to require zoning conformance or to assess or require the payment of a business license fee for any business which may be subject to a licensing fee to the county under this chapter.

(Code 1985, § 6.04.050; Ord. No. 419, § 3(3), 1984)

For each dog, an official identification tag shall be furnished by the county upon payment of the license fee. This tag must be securely fastened to a collar, which collar must be worn at all times by every dog, and it is unlawful to attach an official identification tag to any dog not licensed as provided in this chapter. A lost identification tag may be replaced for such fee as is set from time to time by resolution of the county board of supervisors.

(Code 1985, § 6.04.060; Ord. No. 419, § 4, 1984)

All moneys collected in the execution of this chapter shall be placed in the county treasury in the general fund, and all expenses incurred in carrying out or enforcing the provisions of this chapter shall be paid by the county out of its general fund.

(Code 1985, § 6.04.070; Ord. No. 419, § 5, 1984)

A. Anyone employed by the county health department and holding the title of animal control officer is authorized and empowered to capture and impound any dog not wearing a valid, current license and at the expiration of at least 72 hours from the time of capture, to kill, destroy or release the dog to a new owner; excepting that the owner of the dog may reclaim the dog upon compliance with the terms of this chapter and upon payment of the expenses of capturing and impounding the dog; and excepting that any person may claim any stray dog that has been impounded by the county for a period of more than 72 hours and which has not been otherwise claimed, provided that the person complies with the terms of this chapter and pays the expenses of capturing and impounding the dog.

B. Dogs claimed by a new owner must be vaccinated and licensed immediately following release from the pound.

C. Any dog bearing a valid dog license that has been captured and impounded and which is not redeemed within a period of ten days from the time of capture may be destroyed in a humane manner.

D. It is the duty of the animal control officer to, within three days of capturing the dog bearing a valid license, mail a notice of such capture and impoundment in a certified letter with a return receipt requested directed to the licensee at the address shown by the application therefor on file with the license collector.

(Code 1985, § 6.04.080; Ord. No. 419, § 6, 1984)

It is the duty of the person that owns any dog to report immediately to the city police department, the county sheriff's office, the health officer or the county animal control officer any case where the dog bites any human being.

(Code 1985, § 6.04.090; Ord. No. 419, § 8, 1984)

Any animal which bites or otherwise exposes any human being to disease shall be isolated at the owner's expense in strict confinement in a place and manner and for a period of time specified by the health officer or county animal control officer. The animal shall not be removed from such place of confinement without prior consent of the health officer of county animal control officer.

(Code 1985, § 6.04.100; Ord. No. 419, § 9, 1984)

Any rabid animal, or any suspected rabid animal, or any animal of a species subject to rabies which has been bitten by or in intimate contact with a known or suspected rabid animal shall be isolated at the owner's expense in strict confinement in a place and manner and for a period of time specified by the health officer or the county animal control officer. The animal shall not be removed from the place of confinement without prior consent of the health officer.

(Code 1985, § 6.04.110; Ord. No. 419, § 10, 1984)

When, in the judgment of the health officer or the county animal control officer, any dog has become a wild dog and is a menace to the public health and well-being, the dog may be killed and destroyed, by anyone employed for that purpose, without being impounded and held for a period of 72 hours.

(Code 1985, § 6.04.120; Ord. No. 419, § 11, 1984)

When, in the opinion of the health officer or county animal control officer, a dog behaves or has behaved in such a manner that because of the dog's temper and ferocity the dog is a vicious dog, and a menace to the public, the health officer or county animal control officer may declare the dog a vicious dog and require that the owner shall hereafter at all times keep the dog securely fastened by chain or securely confined within the private property of the owner in such a manner as to prevent the dog from having the opportunity to bite the public. In addition, the health officer or county animal control officer shall require that the premises wherein the dog is kept be posted with a conspicuous sign stating that a vicious dog is present on the premises.

(Code 1985, § 6.04.130; Ord. No. 419, § 12, 1984)

The health officer and the county animal control officer or their duly designated representative are empowered to enter upon any private property for the purpose of ascertaining whether any dog or any other animal kept or harbored therein is afflicted with rabies or whether a license tag has been secured for the dog. In the event that the consent of the owner of the property is not first obtained, the health officer or county animal control officer shall procure an inspection warrant as provided by Code of Civil Procedure § 1822.50 et seq., which is made a part of this chapter.

(Code 1985, § 6.04.140; Ord. No. 419, § 13, 1984)

In the performance of the health officer's duties, the health officer and the county animal control officer shall have the authority to employ the use of the tranquilizer gun and all other humane animal control equipment approved and commonly used by other animal control agencies located within the state.

(Code 1985, § 6.04.150; Ord. No. 419, § 14, 1984)

Any powers, duties and obligations granted to or imposed upon the health officer or the county animal control officer shall be deemed granted to or imposed upon the officer's duly appointed representatives or deputies acting under the officer's direct control and authority.

(Code 1985, § 6.04.160; Ord. No. 419, § 21, 1984)

It is unlawful for any person to resist, hinder, molest or obstruct the health officer or the county animal control officer or any of the officer's duly authorized deputies in the exercise and performance of the officer's duties under this chapter.

(Code 1985, § 6.04.170; Ord. No. 419, § 25, 1984)

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

1. Run at large (i.e., shall not be off the premises of the owner) unless under restraint by leash; the maximum leash length is to be six feet;

2. Trespass upon public property or private property;

3. Habitually make loud noise or act in such other manner so as to constitute a public nuisance.

B. Nothing contained in this section shall prevent or be construed to prohibit or otherwise require the licensing of animals which participate with their owner or other person in control of such animal in parades sanctioned, approved or permitted by appropriate authorities of the city.

(Code 1985, § 6.04.180; Ord. No. 419, § 17, 1984)

The health officer and county animal control officer are authorized to issue citations for violation of this chapter and provisions in accordance with the provisions of the Penal Code § 836.5 and the officers are designated for such purpose.

(Code 1985, § 6.04.190; Ord. No. 419, § 20, 1984)

Any person in violation of any section of this chapter shall be deemed guilty of an infraction. The fines to be imposed for such violation is the same as are from time to time adopted by the county board of supervisors pursuant to its Ordinance No. 235 as amended.

(Code 1985, § 6.04.200; Ord. No. 419, § 18, 1984)