Farmersville Municipal Code Art. I General

"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 it's impoundment.

"Abuse" means to mistreat through intent or neglect any animal in a manner that causes or is likely to cause stress or physical injury or as otherwise stated in this chapter.

"Adult animal" means any animal over the age of four months.

"Adult person" means a person eighteen years of age or older.

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

"Animal" means any warm-blooded or cold-blooded organism other than a human being, specifically mammals, fish, birds or reptiles.

"Animal control officer" means:

1. Any individual employed, contracted with or appointed by the city of Farmersville for the purpose of aiding in the enforcement of any law or ordinance relating to the licensure, control, seizure or impoundment of animals, which includes any law enforcement officer, peace officer or other employee whose duties in whole or in part involve enforcing city or state laws.

2. Any person employed or appointed by the city that is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations as provided in this chapter.

"Animal shelter" means any premises designated by the city for the purpose of impounding and caring for animals held under the authority of the chapter or state law.

"Approved rabies vaccine" means a vaccine which is approved for use in animals by the California Department of Health Services.

"Assault" means any display of force that would give a person reason to fear or expect immediate bodily harm.

"Assistance dog" means a dog trained by a licensed training agency to aide a blind, deaf or disabled person. Such dogs are termed: "seeing eye dog," "signal dog," and "service dog."

"At large" means an animal capable of accessing public or private property while contained within a fenced enclosure, or off the premises of the owner and not under the physical control, custody, charge or possession of the owner or other responsible person by leash, cord, rope or chain. A police dog while in use by a law enforcement agency shall not be deemed to be at large while on duty.

"Attack" means any unprovoked action by an animal through chasing, killing, injuring or attempting to injure any human being or animal.

"Cat" means and includes domesticated members of the species felis catus of either sex, including one neutered or sterilized; it excludes other members of the family felidae.

"Citation" means a document indicating a person is charged with violating an ordinance or code and such person promises to appear before a court of law or an administrative authority to hear the charge.

"Commercial animal establishment" means any pet shop, feed store, grooming shop, auction, riding stable, guard dog service, kennel, hobby breeder, cattery, animal hospital, other business keeping animals in stock for retail or wholesale trade or sale, or any establishment performing one or more of the principal activities of the aforementioned establishments.

"Confined" means:

1. The physical restriction of an animal by a fence, structure, kennel, or other means of construction to contain the animal in question;

2. Secured on or within a vehicle being driven or parked on the street; or

3. Secured pursuant to (subsection 1 of this definition) upon the premises of another with the consent of such other person.

"Cruelty" means any act of neglect, torture or torment that causes unjustifiable pain or suffering of an animal.

"Death" means the cessation of life.

"Defensive action" means any action that a reasonable person would ordinarily take to prevent bodily injury.

"Designee" means any person designated by the city of Farmersville to act on behalf of the city.

"Dog" means and includes domesticated members of the species canis familiaris of either sex, including one neutered or sterilized; it excludes other members of the family canidae.

"Domestic animal" means dogs, cats, rabbits, rodents, and any other species of animals which are sold or retained as household pets, but shall not include skunks, nonhuman primates, and any other species of wild, exotic or carnivorous animals that may be further restricted in this chapter.

"Enclosure" means a fenced yard or structure of at least six feet in height, suitable to prevent the entry of young children and to prevent the animal from escaping.

"Excessive noise" means any animal noise, which is so loud and continuous or untimely as to disturb the reasonable sleep or peace of a neighbor.

"Exotic livestock" means any wild or domesticated animals belonging by nature or origin to another part of the world. Exotic livestock include, but not limited to, Llamas, Alpacas, Emus, Rhea, Ostriches, Peacocks.

"Exotic pets" means any reptile, mammal, amphibian, insects or other animal authorized by the California Department of Fish and Game.

"Hearing officer" means the city manager, his or her designee or any person or entity contracted for the purpose of hearing cases.

"Humane animal trap" means a device in which an animal can be caught without causing injury, pain or undue suffering to the animal after being captured.

"Kennel" means:

1. A building such as the owner's dwelling; or

2. An enclosed and locked pen or structure with secure sides, top and bottom which is anchored to a floor or other surface to prevent an animal from escaping over, under or through the structure.

"Lawful surrender" means the owner of an animal relinquishes ownership of an animal by transferring custody to the animal shelter or animal control after paying all fees incurred with the impoundment.

"Leash" means any leash, rope, chain or cable not exceeding eight feet in length used to control an animal when off the owner's property.

"Livestock, domestic" means livestock authorized by council to be kept within the city of Farmersville. Chickens are domestic livestock.

"Livestock, farm" means wild or domesticated turkeys, pheasants, roosters, quail, ducks, geese, horses, mules, donkeys, jackasses, cows, sheep, goats, pigs and any member of the above animal's family or order.

"Minor injury" means physical injury that results in minor bruising, or abrasions that require minimal medical treatment or minor lacerations that require minimal suturing.

"Minor person" means a person under eighteen years of age.

"Mischievous" means an animal that acts or behaves in an unpredictable manner.

"Mistreatment" means every act or omission which causes or permits the continuation of abuse or pain or suffering.

"Moderate injury" means physical injury that results in severe bruising, deep abrasions, several punctures or lacerations that require multiple suturing.

"Muzzle" means a device of appropriate material that is strapped over the nose and jaws of a dog preventing it from opening its mouth, biting, or barking.

"Neglect" means failure to provide food, water, protection from the elements or other care considered to be normal, usual and acceptable for an animal's health and well-being consistent with the species, breed and type of animal.

"Notice of violation" means a written warning issued to a person for violating an ordinance or code, giving a specified time limit to correct or abate the violation.

"Officer" means any person authorized by the city to enforce violations of the Municipal or State Code.

"Owner" means any adult person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity who has the right of property in an animal. An animal shall be deemed to be owned if it is kept, harbored, maintained, controlled or if it is fed and sheltered at anytime for three consecutive days or more, and where animal control was not contacted for the removal of the animal within that time period.

"Pen or coop" means an enclosure where livestock are kept.

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

"Potentially dangerous animal" means any animal that has attacked, bitten, or caused minor to moderate injury to any human or other animal that is lawfully upon public or private property within the city of Farmersville or any animal that has been declared a potentially dangerous animal by any other city or county.

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

"Provocation" means the teasing, tormenting, abusing, or assault of a dog to incite the dog to bite or attack.

"Public nuisance animal" means any animal which repeatedly:

1. Is found at large;

2. Molests passerby or chases passing vehicles or bicycles;

3. Barks, whines or howls in an excessive, continuous or untimely fashion; or

4. Repeatedly interferes with the health, comfort, safety or enjoyment of property or offends the sense of decency of the public as a result of unsanitary conditions in the area where such animals are kept; and/or which creates a danger to the public health as determined by the city.

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

"Rabies" means an acute viral disease of man and animal affecting the central nervous system.

"Rabies vaccination" means the vaccination of a dog, cat or other domestic animal with an anti-rabies virus vaccine approved by the California Department of Health Services for use in animals, which shall be administered by a veterinarian or under the direct supervision of a veterinarian.

"Restraint" means controlled by a substantial chain or cable no less than eight feet in length, appropriate to the animals size, strength and weight for the purpose of controlling or containing a dog upon an owner's property. The restraint must be affixed in a manner that the animal will not become entangled, nor shall it prevent the animal's access to food, water, shelter and the animal shall have access to an adequate exercise area.

"Severe injury" means any physical injury or major trauma that results in broken bones, muscle tears, significant blood loss, multiple punctures or disfiguring lacerations requiring extensive suturing or cosmetic surgery or other life-threatening trauma.

"Shelter" is any method that covers, protects, shields, shades or provides refuge from seasonal weather.

"Stray" means any animal that is running free with no physical restraint and there is no identifiable owner.

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

"Vicious animal" means any animal that has caused severe injury or death to any human or other animal that is lawfully upon public or private property within the city of Farmersville or has been declared a dangerous or vicious animal by any other city or county.

"Wild animal" means any wild or domesticated wild bird, mammal, fur bearing animal, reptile or amphibian; including, but not limited to, wolf, fox or coyote hybrids, skunks, raccoons, opossums, squirrels, fox, snakes (poisonous or nonpoisonous), newts or salamanders not authorized by law to be kept, owned or possessed within the state of California.

(Ord. 420 (part), 2006)

The city of Farmersville shall provide or contract with any agency or municipality, to provide a suitable building or enclosure to impound, care for and safely hold all animals pursuant to California State Law. Said facility shall be known as the "city of Farmersville animal shelter."

(Ord. 420 (part), 2006)

A. The owner of any animal shall be liable for all fees, charges and expenses incurred by the city for the cities emergency response due to or a service call involving the owner's animal. The owner shall receive a computed service bill, which must be paid within thirty days. Failure of the owner to pay the bill shall obligate the city to initiate action to recover the debt. Such action shall be determined by the city and the owner shall be liable for all fees for such collection.

B. All fees and charges for service are subject to modification, reduction and/or increase by resolution of the city council. A fee schedule entitled "animal control fee schedule" shall be established.

(Ord. 420 (part), 2006)

The refusal or failure of the owner of any such impounded animal to pay all fees and charges incurred by the city of Farmersville for the impoundment after due notification shall be held to be an abandonment of the animal by the owner.

(Ord. 420 (part), 2006)

No liability shall be incurred by the city for the disposition of any animal made pursuant to the provisions of this chapter.

(Ord. 420 (part), 2006)

Pursuant to California Government Code Sections 36901 and 36904, the city of Farmersville imposes the following penalties for violations of the Municipal Code.

Violations of this chapter shall be infractions unless a particular section designates that a violation is a misdemeanor. Each and every day a violation exists is a separate offense.

A. Any person found guilty of an infraction shall be punished by a mandatory minimum fine of two hundred dollars per violation, but shall not exceed one thousand dollars per violation.

B. Any person found guilty of a misdemeanor shall be punished by imprisonment in the county jail for a period not to exceed six months and by a minimum mandatory fine of five hundred dollars nor more than one thousand dollars or by both fine and imprisonment.

1. In lieu of imprisonment, the court may require any person found guilty of a violation of this chapter to labor on public property or works within the city or in a designated city facility. Such labor or works shall be known as "community service." The imposition of community service shall be the maximum extent permitted by law and the imposition of the minimum mandatory fine shall remain in effect.

In lieu of a notice to appear, an officer may utilize the city approved administrative citation process for violations of this chapter.

(Ord. 420 (part), 2006)

A. Notwithstanding the provisions of this chapter, the provisions of the California Food and Agricultural Code, Health and Safety Code, Penal Code, and Code of Regulations relating to animal health, care and control or rabies control, shall apply when such provisions are more stringent than the provisions of this chapter.

B. If a section elsewhere in the Municipal Code is in conflict with a provision of this chapter, the more stringent provision shall apply.

(Ord. 420 (part), 2006)