Delano Municipal Code Ch. 8.12 Dogs

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State Law reference— For statutory provisions regarding the authority of a city to impose dog license fees, see Gov. Code § 38792.135.

No person shall own, keep, possess or harbor any dog over the age of four months, within the city, unless such dog is registered and has license therefore, issued in accordance with the provisions of this chapter.

(Ord. 1154 § 1(part), 2007).

Every person who owns, keeps, possesses or harbors a dog over the age of four months within the city shall register such dog with the police department, giving the name and address of the owner and the gender and description of such dog. Dogs can be registered at one-, two-, or three-year intervals.

(Ord. 1154 § 1(part), 2007).

The fee for the registration for any dog shall be determined by resolution of the city council.

(Ord. 1154 § 1(part), 2007).

With respect to each dog registered and licensed under the provisions of this chapter, the police department shall keep and maintain a record showing the name and address of the owner thereof, the description of the dog, and the serial number of the license tag issued therefore.

(Ord. 1154 § 1(part), 2007).

The registration of dogs shall be made and the fee for the registration and licensing thereof shall be paid not later than thirty days after the dog attains four months of age or by the assigned court date if a citation has been issued. The owner of any dog which is over four months shall immediately, upon the acquisition thereof, register and obtain a license for such dog in accordance with the provisions of this chapter.

(Ord. 1154 § 1(part), 2007).

Any person who fails to register and pay the dog licensing fee within thirty days of becoming liable will pay in addition to the license fee, a penalty equal to fifty percent for each year or a portion of a year that the owner has failed to register the animal.

(Ord. 1154 § 1(part), 2007).

Before a dog shall be registered and licensed the applicant for such license shall present a certificate in evidence that such dog has within the immediate preceding thirty days, been vaccinated with canine rabies vaccine.

(Ord. 1154 § 1(part), 2007).

Any dog within the city shall be subject to seizure and impoundment by the city pound keeper, by any regular or reserve officer of the police department of the city, or by any other officer or employee of the city charged with the enforcement of the provisions of this chapter, as follows:

Any dog:

A. Which has not been registered and licensed in accordance with the provisions hereof; or

B. Which does not have attached to its collar or harness, or other device worn by such dog, a license tag issued by the police department under registration then in effect; or

C. Which is straying or roaming at large upon any public school ground, public playground, public park, public street, public alley or upon private property when asked to restrain by owner or occupant of the premises; or

D. Which is an unspayed female dog and is not under direct control or confinement during its mating season; or

E. Which is vicious; or

F. Which shows symptoms of rabies or is suspected of having rabies; or

G. Which, during the period from one hour after sunset of each day to sunrise of the following day is not penned or tied or otherwise under direct and immediate restraint and control; or

H. Which has injured any person other than a trespasser or the owner or possessor of such dog; or

I. Which has injured property belonging to a person other than the owner or possessor of such dog, if the person sustaining such injury has filed a written complaint with the police department setting forth in detail the nature and extent of such injury, the name and address of the owner of the offending dog, an accurate identification of such dog, and other pertinent facts; or

J. Leashes used to walk dogs shall not exceed six feet in length and be of suitable material to control the animal; or

K. Any animal being held by a leash must be subject to control of a responsible individual; or

L. Which, by habitual howling, barking, yapping or other noise, disturbs the peace and quiet of any neighborhood at any time of the day or night; or

M. Which snaps or bites at, chases or runs after bicycles, persons or vehicles on any street or sidewalk, or in any public place, or persons lawfully upon the premises of the owner or person having custody or control of such dog; or

N. Which strays, runs or in any other manner, invades the property of any person other than the person owning or having custody of such dog, without the permission of the owner or occupant of such property.

(Ord. 1154 § 1(part), 2007).

Upon the seizure of any dog under this chapter (exclusive of vicious dogs or dogs showing the symptoms of rabies) such dog shall be taken to the public shelter and there impounded, confined, and maintained for a period of not less than ten days, during which time the owner or other person entitled to the possession thereof may reclaim such nonsymptomatic dogs subject to the provisions set out in Section 8.12.110.

(Ord. 1154 § 1(part), 2007).

The fee for the redemption of any animal shall be set by resolution of the city council.

(Ord. 1154 § 1(part), 2007).

With respect to any dog subject to registration and licensing hereunder but for which no registration and license is then in effect, the owner or other person entitled to the possession thereof may reclaim and take possession of such dog upon payment to the police department of a pound fee of ten dollars, of a board fee five dollars per day for each day or part of day of such dog's impoundment, and of the registration and license fee for such dog. Upon the release of any such dog from the public pound, the owner shall complete the registration and licensing of such dog in accordance with the provisions hereof, within forty-eight hours after such release.

(Ord. 1154 § 1(part), 2007).

With respect to any dog seized and impounded upon the complaint of any person of personal injury or property damage caused by such dog, the owner or other person entitled to the possession thereof, in order to reclaim such dog and secure the release thereof from the public pound shall furnish the police department with written assurance that precautions will be taken to prevent a recurrence of like injury or damage by such dog.

(Ord. 1154 § 1(part), 2007).

With respect to any dog seized and impounded by an animal control officer or police officer of the city, the owner or other person entitled to the possession thereof, in order to reclaim such dog, shall pay all medical costs associated with the care and treatment of the dog while in the custody of the city.

(Ord. 1154 § 1(part), 2007).

Any dog (other than a vicious dog, or a dog showing symptoms of or suspected of having rabies), which has been seized and impounded at the public pound for a period of ten days or more without being claimed by the owner or other person entitled to the possession thereof, may be delivered to the health officer of the county for destruction or other disposition by such officer and upon such delivery all rights and privileges with respect to the reclamation of such dog shall immediately terminate and expire.

(Ord. 1154 § 1(part), 2007).

In determining whether or not a dog is vicious, the animal control officer shall be guided by the following: whether or not the dog has bitten any person or persons; the circumstance surrounding the occasion indicating a temperament of ferocity of the dog; the reputation of such dog in regard to its temperament and ferocity and its general menace to the public. This section shall be operative even though the dog in question has been vaccinated and licensed as required by this chapter. Upon seizure of a vicious dog, or a dog showing symptoms of rabies, or a dog suspected of having rabies, such dog shall be forthwith delivered to the health officer of the county for handling and treatment, confinement and disposition.

(Ord. 1154 § 1(part), 2007).

It is unlawful for any person owning, harboring or having the care, custody and possession of any dog to keep or maintain any such dog in any place in the city unless such dog has been vaccinated with canine rabies vaccine by injection or other method approved by the health officer, excepting dogs under the age of four months.

(Ord. 1154 § 1(part), 2007).

The pound master is authorized to enter upon any premises upon which any animal is kept, with the proper lawful procedures, for the purpose of pickup, seizing or impounding any animal found running at large, or any animal which has acted contrary to the provisions of this chapter, or for the purpose of ascertaining whether such animal is registered as provided in this chapter, or for the purpose of inspecting the premises to ascertain whether any law of the city or the state relating to the care, treatment or impounding of animals is being violated.

(Ord. 1154 § 1(part), 2007).

Any person finding at any time any dog at large contrary to the provisions of this chapter, or invading upon private property, whether owned by such person or not, contrary to the provisions of this chapter, may take up and hold the same, provided, however, that such person so taking up such dog shall, within four hours after taking up such dog, or if such dog is taken up when the city pound is not open for the transaction of business, within four hours after the pound is again open for business, notify the pound master of the fact that he has such dog in his possession and shall, upon demand, surrender possession of such dog to the pound master. It is the duty of the pound master to take custody of such dog immediately upon receipt of such notification and impound the same.

(Ord. 1154 § 1(part), 2007).

Any dog found in the city, either without a license or running at large under any of the conditions set forth in Section 8.12.154, is declared to be a nuisance shall be impounded as provided in this chapter.

(Ord. 1154 § 1(part), 2007).

With the exception of the Delano High School Farm, no person shall keep, house, board, or otherwise possess any cattle, sheep, horses, or goats within the city limits of the City of Delano.

(Ord. 1154 § 1(part), 2007).

Wildlife such as opossums, birds of prey, wild birds, snakes, or other wildlife animals shall be released back into the wild if captured within the city limits. Bats shall be transferred to the Kern County health department.

(Ord. 1154 § 1(part), 2007).

Any person violating this chapter or any person permitting any animal owned by, boarded, harbored or in his custody or control, to be in violation of the restrictions placed upon such animals in this chapter is guilty of a misdemeanor and subject to the applicable fine(s) as determined by resolution.

(Ord. 1154 § 1(part), 2007).