Blythe Municipal Code Ch. 6.16 Animal Control Duties and Impoundment

It shall be the duty of all peace officers, within the city to cooperate with and assist the AC officer in the enforcement of the provisions of this title, and such peace officers and the AC shall be empowered to:

A. Receive, take up and impound:

1. Any dog found running at large in violation of this title or of any law of the state,

2. Any dog which, without provocation or direction is molesting any person, and

3. Any dog which, without provocation or direction, is molesting or harassing animals, birds, or pets upon the premises of any person;

B. Regularly and adequately feed, water and otherwise care for all dogs and cats impounded under the provisions of this title or provide for such feeding, watering and care;

C. Investigate the condition and behavior of any dog or cat which he has reason to believe is vicious or dangerous and if he finds such dog or cat to be vicious or dangerous in its habits, he shall report his findings in writing, either by hand-delivery or by mail, to the owner of such dog or cat if the name and whereabouts of said owners are known, and if unknown, then the dog or cat shall be impounded;

D. The duties of the AC officer shall include the collection of all fees required in this title, the issuance of licenses and tags on dogs impounded by that officer, and the deposit of all moneys received in payment of license fees in a timely manner with the finance department;

E. Follow the provisions of the California Penal Code, Section 597(f), in humanely destroying or giving emergency care to sick or injured dogs and cats.

(Ord. 675 (part), 1991)

Unless otherwise prohibited by law all persons whose duty it is to enforce the provisions of this title are empowered to enter upon private property, where any dog or cat is kept or reasonably believed to be kept, for the purpose of ascertaining whether such dog or cat is kept in violation of any provision of this title. Notwithstanding any provision in this title relating to entry upon private property for any purpose under this title, no such entry may be conducted; (a) without the express or implied consent unless an inspection warrant has been issued and the entry is conducted in accordance with California Code of Civil Procedure Sections 1822.50 through 1822.56, inclusive, (b) except as may otherwise be expressly or implied permitted by law.

(Ord. 675 (part), 1991)

A. In the interest of public health and safety, it shall unlawful for the owner of any dog, licensed or unlicensed, to permit that dog to run at large. It shall be lawful for any person to take up, in a humane manner, any dog running at large in violation of this title and promptly deliver such dog to the AC.

B. It is unlawful for any person in control of any dog to bring such dog upon any public school ground unless authorized by the school board or the principal of that school.

C. It is unlawful for the owner or person in control of any dog to fail to remove any excreta deposited by that dog on any public walks, parks, parkways, recreation areas or private property.

D. It is unlawful for any person to make use of a stolen, counterfeit or unauthorized license, tag, certificate or any other document or thing for the purpose of evading the provisions of this title.

(Ord. 675 (part), 1991)

A. No person owning, keeping or having in his care or custody any dog, fowl or other animal shall knowingly permit or suffer such dog, fowl or other animal, by any barking or other noise or sound, to disturb any other person's peace and quiet. This section shall not be construed to prohibit the prohibit the keeping of any watchdog, provided the keeper thereof takes immediate steps to quiet such dog whenever it barks, and provided such keeper never leaves such dog unattended on the premises in a place where its barking, if prolonged or if repeated an undue number of times, disturbs any other person's peace and quiet.

B. No person, after being informed orally or in writing that his dog or other animal has by barking or other noise or sound disturbed any other person's peace and quiet, shall fail, refuse or neglect to take whatever steps or use whatever means are necessary to assure that such dog or animal does not again disturb such other person's peace and quiet.

(Ord. 675 (part), 1991)

A. An impounded animal or fowl may be redeemed upon the payment of fees set by resolution of the city council or fees set by the contracting agency from time to time and as they may deem necessary.

B. Any dog, four months of age or older, which has been impounded shall not be released from impoundment unless it is licensed in accordance with the provisions of this title.

C. An officer acting under the provisions of this title and impounding a licensed dog, or a licensed cat, shall give written notice by first class mail, postage prepaid, to the last known address of the owner, of the impounding of such dog or cat. If such dog or cat is not redeemed within ten days from the date of the mailing of such notice, the officer having custody of the dog or cat shall dispose of it in accordance with the provisions of this title, or shall destroy such dog or cat.

D. Upon impounding an unlicensed dog or an unlicensed cat, the officer shall give notice to the owner, if the owner and his whereabouts are known, of the impounding of such dog or cat. If such dog or cat has not been redeemed within three days of the giving of such notice, the officer shall dispose of such dog or cat in accordance with the provisions of subsection E of this section, or shall destroy such dog or cat. For the purpose of this subsection, the notice specified herein shall be given in the manner determined of the officer as expedient under the circumstances.

E. The officer having custody of a impounded dog or cat may, by humane methods, summarily destroy such dog or cat if:

1. The dog or cat is suffering from any incurable, dangerous or contagious disease, providing a veterinarian shall certify in writing, that such dog or cat is so suffering; or

2. It is an unlicensed vicious dog or cat.

F. Any officer having in his custody an unredeemed, impounded dog or cat may release such dog or cat to any adult individual upon payment by that individual of the impound fees and charges specified in this title and a spay/neuter deposit fee, or to a nonprofit corporation formed under the provisions of the California Corporations Code commencing with Section 10400 for the prevention of cruelty to animals, or to a nonprofit organization formed under the laws of the state for the prevention of cruelty to animals, for such sale or placement as such nonprofit corporation or nonprofit organization may choose. Releases of dogs or cats to such nonprofit corporations or nonprofit organizations pursuant to this subsection, shall not be subject to the payment of the impound fees and charges specified in subsection A of this section but shall be subject to a spay/neuter deposit.

G. Under no circumstances, whatsoever, will a dog, cat or any animal be sold, given away or donated to any person, organization, or retailer whose intention is to sell, perform, donate or give away for the purpose of laboratory experimentation medical usage, and/or any type of program where the animal could be subjected to pain, discomfort, or cruelty.

H. All of the provisions of this chapter pertaining to impounded unlicensed dogs, except the licensing provisions thereof shall also apply to impounded cats, fowl, reptiles, wild animals and to domesticated wild animals.

I. It is unlawful for any person to remove an impounded animal from an animal control center without the permission of the officer in charge thereof.

(Ord. 675 (part), 1991)

A. The term "vicious animal" or "dangerous animal" means an animal which:

1. Has behaved in such a manner that the owner thereof knows or should reasonably know that the animal has tendencies to attack or bite human beings; or

2. Has twice within a forty-eight month period bitten, attacked, or shown the disposition, tendency, or propensity to attack, bite, or otherwise cause injury to a person engaged in lawful activity; or

3. Has once attacked or bitten a person engaged in lawful activity, causing death or substantial injury; or

4. Has been determined by a doctor of veterinary medicine, after observation thereof, as posing a danger to humans or domestic animals if not enclosed or muzzled; or

5. Has attacked, or behaved in such a manner that the owner thereof knows or should reasonably know that the animal has tendencies to attack domestic animals without provocation; or

6. Has been trained for fighting for or as an attack dog, except such dogs which are employed by the police department of the city or the sheriff of Riverside County or any other law enforcement agency. Any dog which is outfitted with a training device for fighting or attack such as a weighted collar around the neck of the dog, shall be presumed to be a dog trained as a fighting or attack dog.

B. No person owning or harboring or having the care or custody of a dangerous or vicious animal shall suffer or permit such animal to go beyond the premises of such person unless animal is under the immediate control and physical restraint of such owner or person. In the case of a vicious dog, such dog shall be muzzled.

C. No person shall own or harbor any dog for the purpose of dog fighting; nor train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to unprovoked attacks on human beings or domestic animals. Nor shall any person outfit any dog with a training device for fighting or attack, such as a weighted collar around the neck of the dog.

D. No person shall possess, with intent to sell, or offer for sale, breed, or buy or attempt to buy within the city, any vicious or dangerous dog.

E. Whenever an animal suspected of being dangerous or vicious is reported, the AC may investigate the circumstances, and if he finds that the animal, by reason of the animal's acts, propensities, or disposition, is a dangerous or vicious animal as defined in this title, he may notify the owner or harborer in writing stating the facts and circumstances. The AC may classify the animal as "vicious" and impose any or all of the following requirements.

1. That the vicious animal be confined (i) indoors; (ii) in a lot, pen or dog-run, secured in a manner prescribed by the AC; (iii) securely fastened by a chain; and/or (iv) in any other reasonable manner as determined by the AC.

2. That the owner of the vicious animal maintain a policy of insurance in an amount not less than $100,000 insuring said owner or anyone else who is responsible for the acts of the vicious animal against any claim, loss, damage, or injury to persons, domestic animals or property resulting from acts, whether intentional or unintentional, of the vicious animal. Such owner or other responsible person shall produce evidence of such insurance upon the request of a law enforcement officer; and/or

3. That the owner comply with such further conditions and restrictions as are deemed and necessary under the circumstances.

G. If restraint or confinement as ordered under subsection F is impractical, the animal shall be impounded until the owner or harborer is able to comply with the AC's orders. For any such impoundment, the owner or harborer shall be liable to the city for payment of fees as described pursuant to Section 6.04.100. Any animal not reclaimed within a reasonable time after such impoundment shall be subject to destruction.

H. Failure to comply with any order of the AC made pursuant to this section on the part of the owner or person having custody of the vicious animal, which is the subject of such order, shall constitute a violation of this title. Continued violations and/or noncompliance with this chapter may result in prosecution for maintaining a public nuisance, a misdemeanor, as described in Section 6.28.040 and the vicious animal may be subject to summary destruction.

I. A sign shall be posted at or near all entrances to the premises upon which a vicious animal is maintained. The signs shall be clearly visible and have letters at least two inches in height and two inches in width that read "BEWARE OF VICIOUS DOG," "BEWARE OF VICIOUS CAT," etc. as may be appropriate.

(Ord. 675 (part), 1991)