Corcoran Municipal Code Ch. 4 Animal Control

There shall be a division of animal control within the police department, under the direction of the chief of police or his/her designated deputy. It shall be the duty of the division of animal control to enforce the provisions of this chapter. (Ord. 610, 7-20-2009)

This chapter shall be known as the ANIMAL CONTROL ORDINANCE. (Ord. 610, 7-20-2009)

As used in this chapter, all words shall have their usual meaning except that the following words or terms as used in this chapter shall be defined as follows:

AGENT: Any agency, society or other organization with which the city has contracted to carry out the provisions of this chapter.

ANIMAL CONTROL OFFICER: The chief of police or any of his/her deputies within the animal control division of the police department, deputized for the purpose of enforcing the animal control laws and regulations.

ANIMAL LICENSE FEE COLLECTOR: The animal control officer or any person or entity delegated by, and under the supervision of, the animal control officer for the purpose of issuing animal licenses.

ANIMAL SHELTER: Any animal shelter, temporary animal shelter, or shelter vehicle owned by or on behalf of the city of Corcoran, for animal control purposes, whether maintained directly by the city or its agents.

CITY: The territory within the boundaries of the city of Corcoran.

COUNTY HEALTH OFFICER: The Kings County health officer, or his/her designee.

DANGEROUS ANIMAL: Any animal that has bitten, injured or aggressively pursued any human being or other animal which the animal control officer, after conducting an investigation pursuant to section 5-4C-8 of this chapter or a hearing officer, after an appeal hearing, finds that because of its behavior, temperament and physical characteristics combined with the manner in which it is maintained will probably cause great bodily harm to a human being or other animal in the future. No animal shall be found to be a dangerous animal based only on circumstances set forth in section 5-4C-8 of this chapter.

DISEASED OR INJURED ANIMAL: Any animal not suspected of rabies which is apparently diseased, sick, injured, disabled, infirm or crippled.

DOG KENNEL: Any place or premises where six (6) or more dogs or cats or combinations thereof, over the age of four (4) months, are kept. For the purposes of this chapter, "keeping" includes boarding, grooming, breeding, training, selling and related purposes other than places maintained by a licensed veterinarian or nonprofit organization for the prevention of cruelty to animals.

FOWL: As used herein includes chickens, turkeys, emus, ostriches, and all other domestic or domesticated fowl other than household pets.

GUIDE DOG: Any dog trained to lead a blind person.

HARBORING: A person "harbors" a dog within the meaning of this chapter when he/she feeds or shelters a dog.

LIVESTOCK: As used herein includes horses, ponies, mules, burros, jacks or jennies, cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs, and all other domestic or domesticated animals other than household pets.

OWNER: Any person, association, firm, corporation or legal entity owning, having an interest in, or having control, custody, or possession of any animal.

POTENTIALLY DANGEROUS ANIMAL: Any animal that has bitten, injured or aggressively pursued any human being or other animal which the animal control officer, after conducting an investigation pursuant to section 5-4C-8 of this chapter or a hearing officer, after an appeal hearing finds that because of its behavior, temperament and physical characteristics combined with the manner in which it is maintained there is a substantial possibility that it will cause injury or great bodily harm to a human being or other animal in the future. No animal shall be found to be a potentially dangerous animal based solely on circumstances set forth in section 5-4C-8 of this chapter.

RUNNING AT LARGE: A dog "runs at large" within the meaning of this chapter when it is on private property without the permission of the person owning or occupying the property, or when it is upon public property and is not upon a leash or chain continuously held in the hand of a responsible person capable of controlling such dog.

SIGNAL DOG: Any dog trained to lead or assist a deaf person. (Ord. 610, 7-20-2009)

Any person who has an animal in his/her possession, custody, or control who wilfully fails or refuses to exhibit such animal or any required license therefor for inspection upon demand by the animal control officer or any peace officer employed by the city of Corcoran is guilty of an infraction. (Ord. 610, 7-20-2009)

For the purpose of discharging the duties imposed by this chapter or other applicable law and to enforce the same, the animal control officer or any peace officer employed by the city of Corcoran may enter upon private property, except inhabited dwellings located thereon, as follows:

A. During daylight:

1. When in pursuit of any animal which he/she has reasonable or probable cause to believe is subject to impoundment pursuant hereto or other applicable law.

2. To impound or place in isolation any animal thereon which he/she has any cause whatsoever to believe or suspect has rabies or is a biting animal.

3. To inspect or examine animals isolated thereon pursuant hereto or other applicable law.

B. At night:

1. When in pursuit of an animal which he/she has reasonable or probable cause to believe is subject to impoundment pursuant hereto or other applicable law.

2. To impound or place in isolation any animal thereon which he/she has any cause whatsoever to believe or suspect has rabies or is a biting animal.

As a condition of the authority set forth in this section, except where time does not permit in an emergency or when in fresh pursuit, before entering upon private property a reasonable effort shall be made to locate the owner or possessor thereof to request permission to enter upon such property and to explain the purpose for such entry. (Ord. 610, 7-20-2009)

Every person who breaks open an animal shelter, temporary shelter or shelter vehicle, or who wilfully resists, delays, or obstructs the animal control officer in the discharge of, or attempt to discharge, any duty of his/her office, is guilty of a misdemeanor. (Ord. 610, 7-20-2009)

In addition to other authority provided by law for making arrests, the animal control officer and his/her deputies are hereby designated as public officers and employees and are authorized to make arrests according to Penal Code section 836.5 for the purpose of enforcing and carrying out provisions of this chapter. (Ord. 610, 7-20-2009)

All animals impounded shall be kept at the risk of the owner, and neither the city nor its officers, agents or employees, shall be liable to the owner for the delivery in good faith of any such animal to a person claiming to be, but not in fact being, entitled to reclaim the same. Neither the city, nor its officers, agents or employees shall be liable for injury or disease to any animal incurred while said animal is being captured, transported, or impounded. (Ord. 610, 7-20-2009)

Except as otherwise specifically provided in this chapter, any person violating or failing to comply with any provision of this chapter shall be guilty of an infraction punishable pursuant to the provisions of title 1, chapter 4 of this code. (Ord. 610, 7-20-2009)

A. Any person arrested for violation of this chapter shall be given the opportunity to sign a written notice to appear with his/her promise to appear pursuant to section 836.5 of the California Penal Code. Any person refusing to sign a written notice to appear with his/her promise to appear may be taken into custody.

B. Any person who signs a written promise to appear with a false or fictitious name is guilty of a misdemeanor regardless of the disposition of the charge upon which he/she was originally arrested. (Ord. 610, 7-20-2009)

A. Any person wilfully violating his/her written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he/she was originally arrested.

B. Any person wilfully failing to pay a lawfully imposed fine for a violation of any provision of this chapter within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due is guilty of a misdemeanor regardless of the subsequent full payment of the fine after such time. (Ord. 610, 7-20-2009)

If any part of this chapter is found to be unconstitutional or invalid, the city council hereby declares that it would have enacted the remainder of this chapter regardless of the absence of any such invalid part. (Ord. 610, 7-20-2009)

The city council may, by resolution or order, establish rates or charges for services provided or licenses issued under the provisions of this chapter. (Ord. 610, 7-20-2009)

ARTICLE A. DOG LICENSE REQUIREMENTS

SECTION:

Every person who owns, harbors, or keeps in the city for thirty (30) days or longer, any dog over the age of four (4) months, shall obtain a license receipt and a license tag, issued under the provisions of this chapter, stamped with the license number and the name of the city of Corcoran. The license tag obtained shall be worn by the dog at all times except as provided in section 5-4A-3 of this article. Any dog found without a current license tag may be taken up and impounded by the animal control officer or any peace officer employed by the city of Corcoran. (Ord. 610, 7-20-2009)

A dog license shall be issued free of charge in any of the following instances:

A. When the license is for a dog which will be used as a guide dog for a blind person. An affidavit attesting to the fact that the dog will be used as such a guide dog shall be given to the official issuing the license.

B. When the license is for a dog which has been honorably discharged from the armed services of the United States. Such discharge shall be established by showing to the official issuing the license the discharge papers issued for such dog.

C. When the license is for a dog which is currently used by law enforcement agencies or has been honorably retired from such services. (Ord. 610, 7-20-2009)

The license tag need not be worn by the dog when the dog is contained within an enclosure or confined to the premises of an animal hospital or licensed dog kennel or state chartered benevolent organization for the care of animals, or when the dog is participating in or training for sporting events, field trials, obedience classes, dog shows or herding livestock, providing such dog is not allowed to run at large. (Ord. 610, 7-20-2009)

The dog license required by this chapter may be obtained by submitting a current rabies vaccination certificate, furnishing the information required herein and paying the proper fee to the animal control officer or any person or entity delegated by and under the supervision of the animal control officer. The information required for a license shall include a brief description of the dog as to breed, age, gender, color, rabies vaccination certificate number, date of issuance and expiration thereof, and shall include the name, address and telephone number of the licensee. The official receiving such information shall record it on the receipt to be given for payment of the license fee. The expiration date of the rabies vaccination shall be recorded on the receipt. The license fee shall be collected at the time the application is made and said license shall be issued to the applicant when an acceptable rabies vaccination certificate is displayed to the license collector. (Ord. 610, 7-20-2009)

The license period for the license tag required by this chapter shall be one, two (2), or three (3) years from date of issuance by the animal control division. (Ord. 610, 7-20-2009)

As to any dog not currently licensed by the city of Corcoran, the information and fee shall be due within thirty (30) days after it is brought into the city, or when such dog attains the age of four (4) months, whichever is later. For a dog currently licensed in the city, the information and fee required by this chapter are due on or before the expiration date on the license receipt. Any person purchasing a license shall do so within thirty (30) days after any applicable due date as set forth above. Any person purchasing a license more than thirty (30) days after any applicable due date shall be charged the late licensing penalty which shall be one hundred percent (100%) of the regular one year license fee, which penalty shall be in addition to any other regular license fee. (Ord. 610, 7-20-2009)

Upon receipt of the required information, accompanied by payment of the proper fee and display of an acceptable rabies vaccination certificate, a license tag and a written receipt shall be issued to the applicant. Each tag shall be serially numbered and stamped. The expiration date shall be noted on the license receipt. The license collector shall endorse the number of the license tag so issued upon a copy of the receipt, and all such copies (electronic or otherwise) shall be kept on file in the office of the animal control officer, open to public inspection at reasonable times. Such tag shall be attached to a collar, harness, or other device permanently worn by the dog except as provided in section 5-4D-10 of this chapter. (Ord. 610, 7-20-2009)

Every person who counterfeits a dog license tag, or who attaches a license tag issued under the provisions of this chapter to any dog other than the one for which such a tag was issued, or who obtains a dog license or dog kennel license and in doing so, states as true any material matters which he/she knows to be false, is guilty of an infraction. (Ord. 610, 7-20-2009)

ARTICLE B. KENNEL AND HEALTH PERMIT REQUIREMENTS

SECTION:

Every person who owns, manages, or operates a dog kennel, shall obtain a permit issued under the provisions of this article. Kennel permits shall be of two (2) types: commercial and noncommercial as those terms are used in the zoning code of the city of Corcoran (commencing with section 11-1-1 of this code). A person who obtains a noncommercial kennel permit hereunder shall be allowed to keep no more than eight (8) dogs and/or cats over the age of four (4) months at any one time. (Ord. 610, 7-20-2009)

The permit required by this article may be obtained by written application in duplicate to the animal control officer on forms provided by the animal control officer. The application shall contain a statement of the name and address and location of the kennel, the name or names of the persons or responsible corporate officers of a corporation owning, managing or operating such kennel, the number and ages of the dogs currently kept therein, building plans for the kennel conforming with minimum standards promulgated by the animal control officer, and the purpose or purposes for which the dogs are kept (i.e., breeding, boarding, etc.) and any other information requested by the animal control officer. Each application shall also include a letter of compliance issued by the appropriate local building and planning official, indicating conformity with the provisions of zoning and building ordinances of the city and indicating whether the permit applied for is a commercial permit or a noncommercial permit. (Ord. 610, 7-20-2009)

Application for a kennel permit shall be accompanied by the nonrefundable annual fee which is in addition to and not in limitation of any other permit or license fee otherwise required. Upon approval of the application by the animal control officer, the applicant shall be granted a kennel permit. The permit shall be valid for one year from the date of issuance.

Renewal of the permit shall be made upon application, approval and payment of the fee in the manner provided for the issuance of an original kennel permit. The application and fee required by this section shall be due and payable on or before the expiration date of the current permit. Any person paying for a kennel permit after the due date shall be charged an additional fifty percent (50%) late fee which shall be paid in addition to the regular kennel permit fee. (Ord. 610, 7-20-2009)

An acceptable rabies vaccination certificate or an individual license for each dog in the kennel above the age of four (4) months shall be kept on file for inspectional review at the kennel. (Ord. 610, 7-20-2009)

The requirements of this article shall be deemed to be in addition to, and not in limitation of, the requirements, including conditional use permit requirements, of all applicable zoning laws and ordinances. A kennel permit issued under the provisions of this article shall cease to be valid if the operation of a kennel should become a prohibited use for the zone in which it is then located. (Ord. 610, 7-20-2009)

Any kennel permit issued under the provisions of this article may be revoked or suspended by the animal control officer whenever, in his/her opinion, the kennel for which such permit was issued is not being maintained in a sanitary or healthful condition or is not provided with adequate care and supervision for the animals confined therein. The revocation or suspension shall become effective seven (7) days after written notice that such defective condition is found to exist, has been served by the inspecting animal control officer or seven (7) days after such notice is deposited in the mail, addressed to the person owning, managing or operating the kennel, first class mail, postage prepaid. The permittee has the right to an administrative hearing to be conducted upon request to the animal control officer within five (5) business days of the issuance of said notice. If an administrative hearing is requested, and cause for revocation is upheld at the hearing, the permittee may appeal to the city council upon the filing of a request for a hearing with the city clerk; such filing shall be made within ten (10) business days of the decision of the administrative hearing. (Ord. 610, 7-20-2009)

Any person violating or failing to comply with any provision of this article, pertaining to kennel permits shall be guilty of a misdemeanor punishable pursuant to the provisions of title 1, chapter 4 of this code. (Ord. 610, 7-20-2009)