Fairfield Municipal Code Art. I In General

For the purpose of this chapter, the following words and phrases have the meanings respectively ascribed to them by this section:

Animal.

Any animals, poultry, bird, reptile, fish, or any other dumb creature.

At large.

Any animal off the premises of its owner and not under restraint by leash or chain or not otherwise controlled by a competent person.

Cat.

Any cat of either sex or any age.

Dog.

Female as well as male dogs.

Dog licenses.

The license required to be annually issued for each individual dog.

Herded.

Any animal herded in violation of section 423 of the Agricultural Code.

Horse.

Any mule, burro, pony, jack, hinny, or jenny.

Kennel.

Any building, enclosure or premises used in the commercial business of breeding, buying, selling or boarding dogs and cats.

Licensed dog.

Any dog for which the license for the current year has been paid and to which the tag provided for in this chapter is properly attached.

Owner.

Any person owning, having an interest in or having control, custody or possession of any animal.

Surrendered animal.

Any animal delivered by the owner thereof to the animal control shelter or an animal control officer and for which the owner fills out the prescribed surrender forms.

Unlicensed dog.

Any dog for which the license for the current year has not been paid or to which the tag required by this chapter is not attached.

This chapter is enacted by the city for the purpose of securing a system of uniform regulation and control of dogs and other animals within the city.

The city at the time of adopting this chapter has approved and executed a joint powers agreement with the cities of Vacaville and Suisun to provide for the regulation and control of dogs and other animals within the city limits of the respective cities. This joint powers authority is titled the Solano Animal Control Authority.

The Solano Animal Control Authority has contracted with Humane Animal Services, a legal subsidiary of the Society for the Prevention of Cruelty to Animals of Solano to provide animal control and pickup services within the city limits of the respective cities.

It is intended that this ordinance will be enacted in all of the member cities of the Solano Animal Control Authority to allow a uniform policy of patrol and enforcement to the Humane Animal Service Contractor.

City hereby authorizes the Solano Animal Control Authority to appoint Humane Officers pursuant to the provisions of 6078 and 6079 of the California Civil Code. Such officers after compliance with the provision of Section 832 California Penal Code are designated as animal control officers and shall have the powers and authority as set forth in sections 830.9, et seq., of such code which shall include the power and duty to make arrests or issue citations for violations of any of the provisions contained herein.

Except as otherwise provided in section 3.68, no person shall keep, corral, or harbor any cow, horse, sheep, goat, hog, or clovenhoofed animal in the city on any single parcel of property less than one acre in size.

(Ord. No. 94-6, § 1)

No person owning or having control of any ox, steer, bull, cow, horse, colt, jack, mule, calf, sheep, goat, hog, or any animal commonly referred to as a "wild specie" shall:

(a) Permit such animal to run at large in the city.

(b) Cause or permit any such animal to be pastured, herded, staked or tied in any street, road, lane, alley, park or other public place.

(c) Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any private property within the city without the consent of the owner or occupant of such property or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property.

(d) Permit any such animals to be or remain during the night time secured by a stake or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal or by securely fastening such animal by means of a rope or chain of sufficient strength to restrain to some permanent object of sufficient size, strength and weight to effectively restrain such animal.

(e) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise.

Notwithstanding any provisions of this chapter to the contrary, the Agricultural Code of the state, division 3, chapter 5, shall be complied with in reference to estray bovine animals, horses, mules, or burros.

Except in a City designated area or dog park, the owner or person having control of any dog shall not allow or permit such dog to run at large in any public park, public square, in any school, upon any school grounds, or in any commercial district, as defined by this code. Every dog found running at large in violation of the provisions of this section shall immediately be seized and impounded.

(Ord. No. 2012-02, § 1)

No person owning or having charge, care, custody or control of any dog shall cause, permit or allow the same to be or to run at large upon any highway, street, lane, alley, court or other public place, excepting a City designated area or dog park, or upon any private property or premises other than those of the person owning or having charge, care, custody or control of such dog, in the incorporated area of the City, unless such dog be restrained by a substantial chain or leash not exceeding six feet in length and is in the care, custody or control of a person capable of controlling such dog, or within an enclosed motor vehicle.

(Ord. No. 2012-02, § 2)

The provisions of this chapter do not prohibit permitting or allowing dogs to run at large on the premises of the owner or person having charge, care, custody or control of such dogs when the property is a ranch or similar undeveloped property, or prohibit permitting or allowing dogs, other than unspayed female dogs during the copulative season, to run at large on any ranch or similar undeveloped property with the permission of the owner of such ranch of similar undeveloped property; provided, such dog is under reasonable control of a competent person.

It is unlawful for any owner, keeper or caretaker of any dog or horse to permit such animal to discharge his or her solid excreta on any public or private property (other than the property of such owner, keeper or care-taker) within the city, if such owner, keeper or caretaker does not immediately thereafter remove and clean up such animal excreta from the property.

(Ord. No. 98-10, § 2)

No person shall suffer or permit any animal or fowl to trespass on private or public property so as to damage or destroy any property or thing of value. Such trespassing is hereby declared to be a nuisance and any such animal may be impounded by the poundmaster.

It is hereby declared to be a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits owned or controlled by him to run or fly at large or go upon the premises of any other person in the city.

No person shall display, sell, offer for sale, barter or give away any baby chicks, rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored, or otherwise artificially treated. This section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings, or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes.

Whenever it is shown that any dog or other animal has bitten any person, no owner or person having custody or possession thereof, upon order of the health officer, shall fail, refuse or neglect to allow the health officers or his deputies to make an inspection or examination thereof at any time during such period. No such dog or animal shall be removed without written permission of the health officer or his deputies.

Whenever any person having charge, care, control, custody or possession of any dog has knowledge that such dog has bitten any person, the person having charge, care, control, custody or possession of such dog shall report such fact forthwith to the health officers or his deputies. The report shall state the name and address of the person bitten and the time and place such person was bitten.

No person shall fail or refuse to exhibit the registration of any animal required by this chapter to be licensed when required to do so by the poundmaster.

The animal control officers hired to patrol this city are hereby given the power and authority, and it is declared to be their duty to go upon unenclosed lots and or lands for the purpose of taking up and impounding any animal found running at large thereon, or staked, herded or grazed thereon contrary to any provision contained in this ordinance, notwithstanding any other provision of law or any local ordinance, an officer or employee of any animal control agency shall not seize or impound a dog for violation of an ordinance requiring a dog to be leashed or issue citations for violation of such ordinance when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession.

A dog that has strayed from but then returned to the private property of his owner or the person who has a right to control the dog shall not be seized or impounded, but in such a case a citation may be issued; provided, however, that if in such a situation the owner or person who has a right to control the dog is not home, the dog may be impounded, but the officer or employee of any animal control agency shall post a notice of such impounding on the front door of the living unit of the owner or person who has a right to control the dog. Such notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address, and telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog, if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the dog.

This section shall not otherwise affect existing authority to seize or impound a dog or issue citations, as a result of a dog being on property other than that owned by its owner or the person who has a right to control the dog.

No person shall interfere with the animal control officers in the performance of their official duties.

All dead animals located on public property shall be handled and removed by the animal control officer.

Every person owning or occupying premises where any animal, fowl, or bird is kept shall keep the stable, barn, stall, pen, coop, building, or place in which such animal is kept in a clean and sanitary condition.