Citrus Heights Municipal Code Art. II General Provisions

This Chapter shall be known as, and may be cited and referred to as the "animal control ordinance."

(Ord. No. 2012-002, § 1, 2-9-2012)

The issuance by Animal Services 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 Chapter and that the owner has satisfied the basic licensing requirements under this Chapter. 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. For purposes of the administration of this Chapter, if, pursuant to the issuance of official written notice, approval has been given by the office or agency responsible for the administration of the rule, regulation or statute in question, such approval shall be deemed prima facie evidence that the matter approved is in conformance with the rule, regulation or statute in question.

(Ord. No. 2012-002, § 1, 2-9-2012)

1. The licensing regulations in this Chapter are not applicable to the following:

a) Owners who use animals for diagnostic purposes or research, the use having been approved either by the California State Board of Public Health pursuant to Section 1666 of the Health and Safety Code or by the United States Department of Agriculture;

b) Owners who use animals for teaching purposes in accredited educational institutions;

c) Owners of animals kept as all or part of the stock of: (a) nonprofit zoological gardens open to the public; (b) circuses; or (c) animal exhibits when such enterprises are operated under business licenses granted by the City;

d) Unowned cats; and

e) Any person or organization that is providing care for feral or farm cats and is making a reasonable effort to trap and sterilize the animals.

2. The licensing, sales and advertising regulations of this Chapter do not apply to the following:

a) Government agencies or animal rescue organizations that have demonstrated to the Chief of Animal Services that they have implemented an ongoing sterilization program as well as an adoption program; a sufficient demonstration may include written declaration to the Chief of Animal Services, documentary evidence and/or site visitation and inspection of agency/organization facilities;

b) Humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of the California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110; and

c) Veterinary facilities.

(Ord. No. 2012-002, § 1, 2-9-2012)

1. Whenever an application is made for a license to do business in the City of Citrus Heights, and the business is of a type identified in Section 8-42 of this Chapter, the Finance Director shall, before issuance of the business license, notify the Chief of Animal Services. The Chief of Animal Services shall conduct such investigation, including physical inspection of the business premises, as is deemed appropriate to ascertain whether or not the owner of the animals is in conformity with the provisions of this Chapter and shall report his or her findings to the Finance Director within 45 calendar days of the date of filing of the application.

If the owner is in conformity, the business license may be issued on the conditions that the owner agrees to maintain the business in conformity with the provisions of this Chapter and that the owner agrees to allow the Chief of Animal Services to inspect the business premises and the animals to ensure such conformity; but, if the owner is in violation of this Chapter, the business license may not be issued until the condition or conditions causing the violation have been corrected as determined by the Chief of Animal Services.

2. Upon receipt of a complaint of a violation of this Chapter against a business which has been issued a business license in accordance with the provisions of Section 8-43(1) herein, or upon his own volition, the Chief of Animal Services may conduct such inspection and investigation as is necessary to determine the validity of the complaint. Should the complaint be founded, the Chief of Animal Services may recommend to the Finance Director in writing that the business license should be revoked.

3. The procedures set forth in Chapter 22 shall be followed concerning applications, denials, revocations, appeals and due process requirements concerning business licenses.

(Ord. No. 2012-002, § 1, 2-9-2012)

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

1. Be at large (excepting the domestic cat);

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

3. Make loud or disturbing noises without provocation, including, but not limited to, chronic howling, yowling, barking, whining, or other utterances. Nothing contained herein shall be construed to apply to animal noises emanating from legally operated veterinary hospitals, humane societies, animal shelters, farm or agricultural facilities, or areas where keeping of farm animals or fowl is permitted;

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

5. Endanger the life or health of others;

6. Damage the property of others; or

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

(Ord. No. 2012-002, § 1, 2-9-2012)

1. No person other than an individual transporting working dogs within agricultural or rural areas of the City of Citrus Heights shall transport or carry on any public highway or public roadway, any animal, wild or domestic, in or by a motorized vehicle unless the animal is as follows:

a) Safely enclosed within the vehicle;

b) Protected within a secured container carried within, upon, or by such a vehicle; or

c) Securely cross-tethered or secured to such vehicle by rope, chain, or other device in a fashion which prevents injury to the animal from falling from, being ejected from, or jumping from said vehicle.

2. No person shall leave an animal, wild or domestic, in any unattended motorized vehicle without adequate ventilation, in unhealthful conditions, or otherwise under such circumstances as to allow the animal to be subjected to extreme temperatures or other conditions which adversely affect its health, safety, or well-being.

(Ord. No. 2012-002, § 1, 2-9-2012)

No person shall permit or suffer a dog to stray from private property owned or legally possessed by the dog owner or the person who has a right to control the dog unless the dog is restrained by a leash or lead not exceeding eight feet in length, except in the following situations:

1. When the dog is assisting a peace officer who is engaged in law enforcement duties or when the dog is participating in a search and rescue effort at the specific request of a law enforcement authority;

2. When the dog is enrolled in and actually participating in a dog training or obedience course, exhibition, or competition conducted by an organization on private or public property with the permission of the owner or operator of the grounds or facilities; or

3. When the dog is assisting the owner or person in charge of livestock in the herding or control of such livestock.

(Ord. No. 2012-002, § 1, 2-9-2012)

1. The owner of any animal, wild or domestic, shall provide proper and adequate food, water, shelter, care and attention for such animal.

2. Maintenance and Operational Standards. All animal keeping shall comply with all the following maintenance and operational standards:

i. Odor and vector control. All animal enclosures, including but not limited to pens, coops, cages and feed areas shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Manure shall not be allowed to accumulate within setback areas.

ii. Containment. All animals shall be effectively contained on the site, and shall not be allowed to run free on any parcel in a separate ownership or in a public right-of-way.

1. Exception cats. Cats shall not be subject to this subsection.

iii. Erosion and sedimentation control. In no case shall an animal keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel or other waterway. In the event sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement.

3. Permit Requirement. No planning permit is required for animal keeping in compliance with this Section, except as required by this Section or Section 106.24.030.

4. Minimum site area. Animal keeping shall occur only on a site that complies with the following minimum area requirements, or the minimum lot area requirements of the applicable zoning district, whichever is greater.

i. Stables. The minimum site area for a private stable shall be 20,000 feet.

ii. Small animal keeping. The minimum site area for the noncommercial, not-for-profit, keeping of small animals, of at least six months of age with a weight of less than 75 pounds at maturity, other than pets, as an incidental use, shall be 10,000 square feet; except that roosters shall be allowed only on a site of 20,000 square feet or larger, or within an RD-1 or RD-2 zoning district.

iii. Large animal keeping. The minimum site area for the keeping of animals other than those allowed in Subsection 2(ii) shall be 20,000 square feet.

5. Setback requirements. Each barn, stable, and other structure used for the housing of animals other than household pets shall be set back a minimum of:

i. 25 feet from the property line;

ii. 20 feet from side and rear property lines; and

iii. 20 feet from any habitable structure or an abutting parcel.

6. Height limits. No structure for animal keeping or other agricultural use shall exceed one story, except for storage lots, or more than 16 feet, with plate line not exceeding ten feet.

(Ord. No. 2012-002, § 1, 2-9-2012)

Any person who prevents, resists, or obstructs an attempt by the Chief of Animal Services pursuant to this Chapter to inspect or impound an animal or any person who conceals or secretes any animal subject to inspection or impoundment or any owner who fails to relinquish upon lawful demand any animal to be impounded shall be guilty of a misdemeanor.

(Ord. No. 2012-002, § 1, 2-9-2012)

No person shall willfully make a false or misleading statement or representation to the Chief of Animal Services, acting in his or her official capacity, regarding the ownership or right to custody or control of an animal for which a permit or license is required, or regarding the ownership of an animal redeemed from, relinquished to, impounded by, or taken up by the Chief of Animal Services pursuant to this Chapter.

(Ord. No. 2012-002, § 1, 2-9-2012)

It is the duty of any person having knowledge that any animal capable of transmitting rabies has bitten or otherwise exposed to rabies a human being within the City of Citrus Heights to immediately report that fact to the Health Officer or the Chief of Animal Services and to furnish complete information thereof, including, but not limited to, any knowledge of the whereabouts of said animal.

(Ord. No. 2012-002, § 1, 2-9-2012)

Any person keeping, harboring, maintaining, or owning a vicious or wild animal that escapes from its confinement shall immediately notify the Chief of Animal Services of such escape. Notification shall first be by phone and shall be followed with written notification which includes the following information, as known:

1. The date, place, and time of the animal's escape.

2. A description of the animal and its condition at the time of escape; and

3. The name, address, and residential and occupational telephone numbers of the owner of the animal.

(Ord. No. 2012-002, § 1, 2-9-2012)

Unless a fee amount is specifically provided within this Chapter, the City Council shall by resolution, from time to time, establish fees including but not limited to, fees for licensing of animals.

(Ord. No. 2012-002, § 1, 2-9-2012)

1. Notwithstanding the provisions of Chapter 1-21 of this Code and unless otherwise stated in this Chapter, a violation of any of the provisions of Chapter 8, or failure to comply with any of the regulatory requirements of Chapter 8, shall be punishable as follows:

a) A first violation shall be an infraction subject to the procedures described in Section 19.6 and 19.7 of the California Penal Code; and

b) A second or subsequent violation committed within 30 calendar days of the previous violation shall be a misdemeanor.

2. Unless otherwise stated in this Chapter, every violation of Chapter 8 constituting an infraction is punishable by:

a) A fine not exceeding $50.00 for a first violation;

b) A fine not exceeding $100.00 for a second violation of the same ordinance provisions within one year; or

c) A fine not exceeding $250.00 for each additional violation of the same ordinance provision within one year.

3. Unless otherwise stated, every violation of Chapter 8 constituting a misdemeanor is punishable by a fine not in excess of $500.00 or by imprisonment in the County Jail for not more than six months or by both.

4. As an alternative to punishment as an infraction or misdemeanor, the Chief of Animal Services may assess an administrative monetary penalty pursuant to California Government Code, Section 53069.4. Administrative penalties shall be assessed in accordance with the procedures set forth in Section 8-183 of this Chapter. Unless otherwise stated, administrative monetary penalties shall be in the amounts set forth in subsection (2) of this section.

5. Assessment of other penalties as prescribed herein notwithstanding, violations of this Chapter may result in revocation of license or permit.

(Ord. No. 2012-002, § 1, 2-9-2012)

The maintenance of any animal in violation of any provision of this Chapter or any order of a Hearing Officer issued pursuant to this Chapter constitutes a public nuisance.

(Ord. No. 2012-002, § 1, 2-9-2012)