Farmersville Municipal Code Art. III Animal Care and Maintenance

Animals shall be provided with the following:

A. Sufficient, nutritious food daily;

B. Fresh, clean water at all times;

C. Shelter which has four sides, a roof, floor, and bedding. The shelter shall be of sufficient size to permit such animal to stand in a natural position, turn around inside when fully grown and allow retention of body heat. The animal and shelter shall be placed in a location to provide shade from the sun and protection from in climate weather;

D. Adequate exercise if housed in a kennel or similar containment.

(Ord. 420 (part), 2006)

A. It shall be unlawful for any person to commit cruelty to animals. A person commits cruelty to animals if he or she overdrives, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or, having the charge or custody of any animal, fails to provide it with proper food, drink or protection from the weather or fails to provide veterinary care if the animal is ill or injured.

B. No animal shall be cruelly treated or neglected to such degree or abandoned in any circumstance so that the animal's life or health is endangered. The term "cruelty," "neglect" or "abandon" are as defined in Section 6.01.010 of this chapter.

C. Except as authorized by law, no animal shall be confined without an adequate supply of food and water. If any animal is found to be confined without adequate food or water, it shall be lawful for any police officer, humane officer, animal control officer or public officer, from time to time as may be necessary, to enter into and upon any area where such animal is confined and supply it with adequate food and water. If such animal is not cared for by a person other than an officer for the city of Farmersville within twenty-four hours of the posting of notification, such animal shall be presumed to have been abandoned under circumstances in which the animal's life or health is endangered.

D. Any animal so abused may be seized pursuant to Penal Code Section 597.1(f) or (g).

(Ord. 420 (part), 2006)

It shall be unlawful for any person to abandon any animal within the city or pursuant to Section 6.01.025 of this chapter. In addition to any fines imposed by law, any person violating this section shall bear full costs and expenses incurred by the city in the care of said abandoned animal and shall reimburse to the city all said costs as determined by the department of finance. The court shall order restitution to the city for such expenses.

(Ord. 420 (part), 2006)

All commercial animal establishments shall, in addition to the other requirements of this article, comply with the minimum standards of this section. The establishment shall comply with all city ordinances and state codes regarding the sale or transfer of animals. Failure to meet these standards shall be grounds for denial of a business license or immediate revocation of a business license:

A. Water. There shall be available hot water at a minimum temperature of one hundred sixty degrees for washing cages and disinfecting, and cold water easily accessible to all parts of the shop. Fresh water shall be available to all species at all times. Containers are to be cleaned and disinfected each day. All water containers shall be mounted so the animal cannot turn them over, and shall be removable for cleaning.

B. Room Temperature. The room temperature of the shop shall be maintained at a level that is healthful for every species of animals kept in the shop.

C. Cages and Enclosures. All cages and enclosures are to be of a nonporous material for easy cleaning and disinfecting. Each cage must be of sufficient size that the animal will have room to stand, turn, and stretch out while in the cage or enclosure.

D. Feeding. All animals under three months of age are to be fed at least three times per twenty-four hours. Food for all animals shall be served in a clean dish so mounted that the animal cannot readily tip it over or defecate or urinate in the dish.

E. Bird Cages. Each bird must have sufficient room to sit on a perch. Perches shall be placed horizontal to each other in the same cage. Cages must be cleansed and disinfected daily. Parrots and other large birds shall have separate cages from smaller birds.

F. Fish Tanks. The water shall be clean and the temperature for fish shall be maintained at a constant temperature that is healthful.

G. Bedding. There shall be sufficient clean, dry bedding to meet the needs of each individual animal.

H. General Health and Sanitation Requirements. All animals must be fed and watered and their cages cleaned every day, including Sundays and holidays.

(Ord. 420 (part), 2006)

No person having charge or custody of an animal, as owner or otherwise, shall place or confine such animal or allow such animal to be placed or confined or to remain in the interior of a motor vehicle under such conditions or for such period of time as may endanger the health or well-being of such animal due to in climate weather, lack of food or drink, or such other circumstances as may reasonably be expected to cause suffering, disability or death. Any officer may if necessary use force to enter into any vehicle and secure any animal found in physical distress. No officer or the city shall be liable for damage to the vehicle in the enforcement of this section.

(Ord. 420 (part), 2006)

No person who owns or has control of any animal shall allow such animal to ride in any open motor vehicle or vessel in such a manner as to permit injury to the animal. For purposes of this subsection, the operator of a motor vehicle shall be deemed to have control of any animals riding therein. Factors to be considered by the court shall include, but are not limited to the following:

A. Transporting any animal in an open truck or any motor vehicle or vessel in such a manner as to permit an animal to jump or be thrown there from by acceleration of, stopping of or accident involving the vehicle;

B. Weather conditions and temperature of the vehicle;

C. Tethering or securing any animal in such a way that it may be thrown from the vehicle by acceleration of, stopping of or accident involving the vehicle;

D. This subsection shall not apply to the owner or controller of such animal if such animal is confined to a cage or enclosure of adequate construction to prevent its escape therefrom or:

1. The transportation of livestock,

2. The transportation of a dog whose owner either owns or is employed by a ranching or farming operation who is traveling on a road in a rural area or who is traveling to and from a livestock auction,

3. The transportation of a dog for purposes associated with ranching or farming.

(Ord. 420 (part), 2006)

A. No person having possession, custody or control of any animal shall knowingly or negligently permit any dog or other animal to deposit excrement upon any gutter, street, driveway, alley, curb or sidewalk in the city, or upon the floors or stairways of any building or place frequented by the public or used in common by the tenants, or upon the outside wall, walkways, driveways, alleys, curbs or stairways of any building abutting on a public street or park, or upon any private property other than the property of the owner of such animal.

B. Any person having possession, custody or control of any dog or other animal which deposits excrement in any area other than the private property of the owner of such dog or other animal, as prohibited in subsection A of this section, shall be required to immediately remove the excrement from the surface and either:

1. Carry same away for disposal in a toilet; or

2. Place same in a nonleaking container for deposit in a trash or litter receptacle.

C. The provisions of this section shall not apply to an assistance dog accompanying any disabled person, or the animals used in any police activities of the city or to horses used by persons for the purposes of transportation on public roadways. Horses on private property other than the owner's must have their droppings removed by the owner.

D. If the excrement is properly disposed of by the owner or person in charge of the animal, it will not be considered a violation of subsection A of this section.

E. Animals kept in an enclosure, kennel or pen shall be kept clean and sanitary. All animal waste shall be disposed of to prevent the accumulation and creation of obnoxious or offensive odors.

(Ord. 420 (part), 2006)

It shall be unlawful for any person to poison, or aid, abet or assist in the poisoning or putting out or placing of poison within the city limits with the intent to or for the purpose of poisoning any animal, including hamsters, guinea pigs, rabbits. Use of any poisonous substance shall comply with California EPA regulations. The distribution of any poison or poisoned meat or food, other than those specifically for the purpose of controlling destructive or nuisance pests and insects, shall be prima facie evidence of violation of this section. However, the same shall not apply to controlling or eradicating gophers, moles, voles, mice, rats, other rodents or controlling bird infestations. Deceased rodents, birds and insects shall be immediately and lawfully disposed of to prevent the ingestion by dogs, cats or birds.

(Ord. 420 (part), 2006)

A. Removal and disposal of stray dead animals from public property will be done by the animal control officer.

B. Removal and disposal of owned dead animals from public or private property within the city shall be the responsibility of the owner of the animal. The animal shall not be buried within the city limits. Owners may bury their animal at an authorized pet cemetery, or have the animal cremated by their veterinarian or at an animal shelter at their own cost.

C. Upon request, an officer shall remove owned dead animals from public or private property for a fee. The fee for this service shall be set by resolution of the city council. The owner or person in charge of any dead animal shall pay the fee at the Farmersville City Hall prior to removal. The officer shall not be required to remove and dispose of dead animals from state highways or from state property or federal property within the city.

D. It shall be unlawful for the owner to fail or refuse to dispose of said owned dead animal within twenty-four hours of written notification by an officer. Upon learning that the body of an owned dead animal has not been disposed of in a safe and sanitary manner, the officer shall remove and dispose of said carcass immediately. All fees incurred by the city shall be billed to the owner, including penalty fines.

(Ord. 420 (part), 2006)

It shall be unlawful for any person to slaughter, or permit to be slaughtered or butchered any live animal within the city of Farmersville except as specifically permitted by state law, and in compliance with all federal, state and local requirements. Same shall not apply to any commercial food establishment authorized to:

A. Slaughter or butcher animals for wholesale or;

B. Sale any processed food animals that have been certified by the USDA for retail.

(Ord. 420 (part), 2006)