Exeter Municipal Code Ch. 6.04 General Provisions

As used in this title, the following terms are defined:

"Abandon" means to completely forsake and desert an animal previously under the custody or possession of a person, without making reasonable arrangements to provide for its proper care, sustenance, shelter and medical care or fails to lawfully surrender the animal after made aware of its impoundment.

"Aggressive" means showing a readiness or having a tendency to attack or to do harm to a human being or animal.

"Altered" for a female, means having been spayed; for a male means having been neutered.

"Animal" means any living vertebrate member of the animal kingdom, excluding man.

"Animal control officer" means any person designated by the State of California, city, or Tulare County as a law enforcement officer who is qualified to perform such duties under the laws of this state.

"Animal shelter" means any facility operated by a humane society, or public agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this title or state law.

"Animal services" shall mean the Animal Services Division of the City of Exeter or that entity assigned by contract to serve as such division and provide the animal control officers for the city.

"At large" means off the premises of the person owning or having the possession, charge, custody, or control of the animal and not under the immediate control of a person by means of an enclosure, leash, rope, or other means of immediate effective physical control.

"Auction" means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this title. This section does not apply to individual sales of animals by owners.

"Breeder" means any person, persons or business who breeds one or more litters of dogs and/or cats in one year for sale or profit.

"Business day" means Monday through Friday, excluding holidays recognized by the city or any contracting entity provided animal services by the closure of city or contracting entity's administrative offices.

"Cat" means any member of the feline family, wild and domesticated, and shall be intended to mean both male and female.

"Circus" means a commercial variety show featuring animal acts for public entertainment.

"Commercial animal establishment" means any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibit, or boarding kennel.

"Dangerous/vicious animal" means any animal, which has been determined by the animal control officer after an investigation to have attacked, bitten, or caused an injury in an aggressive manner or caused an injury to a person or injured an animal while at large.

"Dog" means any member of the canine family, wild or domesticated, and shall be intended to mean both male and female.

"Domestic animals" means animals such as are habituated to live in or about the habitations of persons or such as to contribute to the support of a family or the wealth of the community.

"Exotic animal" means any animal, either wild or domesticated belonging by nature or origin to another part of the world.

"Fowl" means any chicken, duck, goose, turkey, guinea, pigeon, swan, peacock or other fowl.

"Hearing officer" means any person appointed by the city manager to preside over the administrative hearing described in Chapter 6.16 for dangerous/vicious animals.

"Impoundment" means the taking up and confinement of any animal in an animal shelter, veterinary hospital, or other facility.

"Kennel" means any premises, wherein any person keeps five or more dogs and/or cats over four months of age except pet shops for noncommercial purposes.

"Litter" means two or more offspring from the same female dog or cat.

"Livestock" means any large animals such as cattle, pigs, sheep, horses, mules, goats, and other domestic animals raised typically raised for agricultural uses.

"Owner" means any person, partnership, firm or corporation owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.

"Performing animal exhibition" means any spectacle, display, act, or event other than circuses, in which performing animals are used.

"Person" means any individual, partnership, firm, corporation, joint venture or entity.

"Pet" means any animal kept for pleasure rather than utility.

"Pet shop" means any person, partnership, firm or corporation whether operated separately or in connection with another business enterprise except for licensed kennels, that buy, sell, or board any species of animal.

"Poundmaster" means the party appointed by the city council pursuant to Section 6.04.020. That person may be the party with whom the city has contracted for the performance of pound services or a designated division of city personnel.

"Premises" means a house, other dwelling, a yard or other area or an automobile so enclosed as to prevent a dog from escaping.

"Private property" means that property of which a person or persons has the exclusive right of disposition.

"Public nuisance" means any animal or animals which:

1. Molests passersby or chases passing vehicles;

2. Attacks other animals;

3. Trespasses on school grounds;

4. Is repeatedly at large;

5. Damages private or public property; or

6. Barks, whines, or howls in an excessive or untimely fashion.

"Public place" means any park, public building, playground, street, road, alleyway, or any other place open to general public.

"Restraint" means a leash not in excess of eight feet, a tethered lead, or a fenced enclosure which keeps the animal under the control of a responsible person or within the real property limits of its owner.

"Service animal" means any guide dog, signal dog, or other animal individually trained to work or perform tasks for an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

"Veterinary hospital" means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

"Wild animal" means any non-domesticated animal living in a feral state.

(Ord. No. 717, § 2, 1-13-2026)

The office of poundmaster is established. The poundmaster shall be appointed or designated by the city council and may be either a person, firm, association, corporation, or a designated division of city personnel. The poundmaster shall serve for such period of time and shall receive such compensation as shall be established by the city council by ordinance, resolution, policy, or by contract. If an association, corporation, public entity, or designated division of city personnel is appointed as poundmaster, then each officer and employee of such association, corporation, public entity or designated division is authorized to perform duties under this title shall be deemed to be a poundmaster and shall have all of the rights and duties of the poundmaster which are set forth in this title.

(Ord. No. 717, § 2, 1-13-2026)

The poundmaster shall keep a record of every animal impounded pursuant to this title which shall include a description of the animal, the date of receipt, the date and manner of disposal, the name of the person redeeming or purchasing, and the fees, charges and proceeds of sales received on account of said animal, and such additional records as may be required by the city council from time to time.

(Ord. No. 717, § 2, 1-13-2026)

There shall be provided by the city council, or by the poundmaster upon such terms and conditions as may be mutually agreed upon by the poundmaster and the city council, a suitable building or enclosure to keep and safely hold all animals to be impounded pursuant to the provisions of this title, and said building or enclosure shall be known and designated as the "Animal Care Center."

(Ord. No. 717, § 2, 1-13-2026)

The poundmaster shall take up, impound and safely keep any dog which is found running at large contrary to the provisions of this title within the incorporated territory of the city.

(Ord. No. 717, § 2, 1-13-2026)

The poundmaster is authorized to enter upon any premises for the purpose of enforcing the provisions of this title.

(Ord. No. 717, § 2, 1-13-2026)

It is unlawful for any person to hinder, obstruct or interfere with the poundmaster in the performance of his official duties.

(Ord. No. 717, § 2, 1-13-2026)

The duties of the animal control officer shall be as follows:

A. To take up and impound any dog or other animals, (except cats), found to be running at large, staked, tied or being herded or pastured in any public place within the city or upon the premises of any person other than the owner of such dog or other animal;

B. To make a complete registry of impounded dogs and cats, showing in detail in the case of each animal, the date of receipt, the breed, color, and sex of such animal, and if licensed, the number of such license and the name and address of owners;

C. To notify by mail the owner of any animal, bearing identification, impounded by the animal control officer, stating that such animal is confined at the animal care center, and specify the amount necessary to reclaim or redeem the same and the period which the animal will be held before destroying or otherwise disposing of the same.

(Ord. No. 717, § 2, 1-13-2026)

A. Each animal control officer shall have and is vested with the authority of a public officer. The animal control officers may, in the performance of their duties, enter upon any property pursuant to law, to ascertain if any of the provisions of this title or any state laws relating to disease, care, treatment or cruelty to animals are being violated. Each animal control officer may issue citations for the violation of the provisions of this title, any state law, or city ordinance in the manner prescribed by the ordinance, and remove animals from said premises if they deem necessary. The authority to issue citations in the manner prescribed by the city shall be alternative to any other authority provided by law.

B. Any animal control officer of the city shall have police powers in the enforcement of this title and no person shall interfere with, hinder, molest or abuse any animal control officer of the city in the exercise of such powers.

C. In the performance of duties for the control of animals, the animal control officer shall have the authority to employ the use of the tranquilizer gun or other animal control devices in common use within the State of California.

(Ord. No. 717, § 2, 1-13-2026)

A. Except as otherwise provided herein, any person violating any provision of this title shall be deemed guilty of an infraction, subject to penalties in accordance with Chapter 1.12. Alternatively the city may choose to enforce violations through the administrative code enforcement process described in Chapter 1.13 of this Code.

B. For violations of Sections 6.08.060 and/or 6.16.020 (Biting animals and/or maintaining a dangerous/vicious animal), when the owner or custodian of an animal is deemed responsible for the acts committed by that animal when the owner fails to comply with legal requirement for keeping the animal secure and under control, in any case wherein an animal attacks, bites or injures a human being or another animal, the owner or custodian of the animal is in violation of this Code of Ordinances and such violation may be charged as a misdemeanor in accordance with Section 1.12.020 or alternatively as an administrative code violation under Chapter 1.13.

C. Any person who violates Section 6.20.060 (Violation of Quarantine) shall be guilty of a misdemeanor.

(Ord. No. 717, § 2, 1-13-2026)