Farmersville Municipal Code Art. II Authority, Purpose and Enforcement

Animal control officers are authorized by this article to enforce the provisions of this chapter and any law relating to or affecting animals in the state of California. Such authority includes:

A. The authority to issue notice of violations for violations of this chapter;

B. The authority to issue administrative citations for violations of this chapter;

C. The authority to issue notices to appear for violations of this chapter;

D. The authority to take and investigate formal citizen complaints on behalf of the city; and

E. The authority to employ the use of a tranquilizer gun or other animal control devices in common use within the state of California.

The authority of such employees is limited to the corporate limits of the city, except for powers or duties specifically stated elsewhere in this chapter.

(Ord. 420 (part), 2006)

The purpose of this chapter is:

A. To promote general responsibility, cooperation and harmony amongst the citizens and citizen animal owners within the city of Farmersville.

B. To enforce all city of Farmersville Ordinance Codes and state statutes relating to animals.

(Ord. 420 (part), 2006)

The city clerk, his or her designee or the animal control officer shall keep record of every:

A. Impounded animal, including the date received and manner of disposition;

B. Person redeeming or adopting, including the address, phone number, emergency contact number;

C. Complaint received;

D. Officers report generated;

E. Microchipped licensed dog;

F. Fee and/or charge;

G. Any other records as may be required.

(Ord. 420 (part), 2006)

A. Farmersville animal control shall conduct and participate in Joint Community Animal Sweeps with animal control officers from neighboring cities for the purpose of removing loose or stray dogs and enforcing laws pertaining to animals.

B. All participating officers from neighboring communities are authorized by the city of Farmersville to enforce all provisions of this chapter while actively engaged in Joint Community Animal Sweeps within the city of Farmersville.

(Ord. 420 (part), 2006)

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 chapter or any state laws relating to disease, care, treatment or cruelty to animals are being violated.

(Ord. 420 (part), 2006)

A. Concealing Location. Any person who conceals information about the location or ownership of an animal in connection with the following sections of this article:

1. 6.01.200 Animal care;

2. 6.01.400 Rabies control;

3. 6.01.500 Potentially dangerous or vicious animals.

Shall be guilty of a misdemeanor, punishable pursuant to Section 6.01.035(B) of this chapter.

B. Failure to Produce Animal. Any person who, after notice, violates any order from the city, concerning the isolation or quarantine of an animal that has bitten or otherwise exposed a human to rabies or any animal that is summarily declared to be a vicious animal and who, after that order, fails or refuses to produce the animal upon demand by any officer of the city of Farmersville, is guilty of a misdemeanor, punishable pursuant to Section 6.01.035(B) of this chapter.

C. Interference With Duties. No person or persons shall interfere with, hinder, molest or abuse any officer of the city in the discharge of duties. Every person so interfering with an officer in the discharge of duties shall be guilty of a misdemeanor, punishable pursuant to Section 6.01.035(B) of this chapter.

D. Problem Animal Owner. It shall be unlawful for the owner of any animal to repeatedly, either willfully or negligently to violate any ordinance of this chapter, provided the owner has been previously found guilty of the same violation for any such animal that he or she owns.

Violations of this section shall be treated as a separate and distinct offense from any other section of this chapter or any state code.

E. Assault by Animal. It shall be unlawful for any animal while running at large to inflict upon any human being a bite that penetrates the skin. Any such animal biting any human being shall be deemed an assault by animal. The city of Farmersville shall not be required to prove the owner knew of the animal's propensity or the animal was a mischievous animal. Every dog owner found in violation of this section shall be guilty of a misdemeanor, punishable by a mandatory two days in the county jail and by a mandatory minimum fine of two hundred dollars. Nothing in this section is intended to impair the civil remedies available to any person bitten or injured by an animal.

(Ord. 420 (part), 2006)

Enforcements are divided into notice of violations, administrative citation and notice to appear. Any officer may initiate corrective action where there is probable cause to believe the owner has committed a violation of a duly enacted ordinance or code. The officer shall not be required to adhere to this section while engaging in Section 6.01.125 or for violations of Sections 6.01.135, 6.01.200, 6.01.400, 6.01.500 or 6.01.755 of this chapter. The method of enforcement for this chapter may be administered in the following form by an officer:

A. First Violation—Notice of Violation.

1. Owner shall be issued a notice of violation directing the owner to correct the violation within a reasonable time period specified by the officer.

B. Second Violation—Administrative Citation. In lieu of the issuance of a notice to appear below, the officer may utilize the administrative citation process for enforcement of this chapter.

C. Third Violation—Notice to Appear.

1. Appearance before Tulare County Superior Court.

D. Fourth Violation—Notice to Appear.

1. Appearance before Tulare County Superior Court to abate a public nuisance.

(Ord. 420 (part), 2006)

The notice to violation must contain:

A. The date and time of issuance;

B. The date and time the violation was committed, if different from issuance date;

C. The name and address of the person violating the ordinance or code;

D. The violating persons photo identification number (if obtainable);

E. The ordinance or code violated;

F. A conspicuous statement that the person must correct the violation;

G. Provide a reasonable time limit to correct the violation;

H. The name and authority of the officer.

(Ord. 420 (part), 2006)

The notice to appear or administrative citation must contain:

A. The date and time of issuance;

B. The date and time the violation was committed, if different from issuance date;

C. The name and address of the person violating the ordinance or code;

D. The violating persons photo identification number;

E. The ordinance or code violated;

F. The name and authority of the officer;

G. A conspicuous statement that if the person is required to appear in Municipal or Superior Court as mandated by this chapter, he does not have the option of paying a fine in lieu of appearing in court.

(Ord. 420 (part), 2006)