Fort Jones Municipal Code Ch. 6.04 General Provisions

The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal means any living creature, except humans.

Animal control officer means any person appointed by the town council as animal control officer. This includes, but is not limited to, the code enforcement officer, police chief or designee, other governmental agency or employee thereof contracting to provide enforcement of this chapter.

Animal, vicious, means any animal, except a dog assisting a peace officer engaged in law enforcement duties, which shows a propensity to attack or has attacked, to bite or has bitten, has scratched or harasses people or other animals without provocation.

Animal, wild, means any animal that would normally live on its own without human intervention or interaction. This includes, but is not limited to, venomous snakes, reptiles, mammals, fowl or fish. The term "wild animals" would also include vicious animals, such as dogs and cats over which the owner has not maintained control.

Apiary means a place where bees are kept; a collection of beehives.

At large generally means any animal off the premises of its owner and not under direct physical control of the owner or responsible person designated by the owner or a person capable of controlling the animal. The term "at large" with regard to dogs means the dog is off the premises of its owner or keeper or not under physical restraint by a person capable of controlling the dog by means of a leash not exceeding six feet in length.

Beehive means any receptacle or container made for use of bees, or box or similar container of which bees have taken possession.

Cat means a domestic cat (Felis catus). A cat is not the personal property of its owner.

Dog means a domestic dog (Canine familiaris) of any age and either sex.

Domestic fowl means chickens, ducks, pigeons, geese, turkeys and other domesticated fowl.

Emotional support animal, defined under the ADA (Americans with Disabilities Act), means a dog or other animal that is not trained to perform specific acts directly related to an individual's disability. Instead, the animal's owner derives a sense of well-being, safety, or calm from the animal's companionship and presence.

Estrus means the periodic state of sexual excitement in female dogs that immediately precedes ovulation and during which the female is most receptive to mating. The term "estrus" is also referred to as being in heat.

Flyway barrier means a barrier that raises the flight path of bees as they come and go from a hive or apiary.

Impoundment means the picking up of any animal by the animal control officer or a duly authorized person and bringing such animal into a shelter for custody, confinement and disposition.

Kennel means any establishment where more than four dogs or cats over four months of age, or other animals, are kept or maintained for any purpose.

Commercial kennel means a kennel where animals are boarded and bred or kept for sale or for hire. Commercial kennels shall require use permits and a business license. Forms and fees may be set by resolution of the town council.

Livestock means and includes cattle, horses, llamas, donkeys, sheep, goats, swine and all other domesticated animals other than household pets.

Owner means any person over 18 years of age owning, keeping, harboring or having custody or possession of any animal. An animal shall be deemed to be harbored if it is fed or sheltered for 15 or more consecutive days. The definition of the term "owner" shall not apply to a veterinarian in the regular practice of his profession as to any animal in his possession while being treated or cared for. The definition of the term "owner" shall not apply to an operator of a commercial kennel as to any animal that is being boarded in the regular practice of his business.

Quarantine means the impounding of an animal in a designated shelter by the animal control officer for a period prescribed by the county health department so that the animal does not come in contact with any other animal or human being during that period.

Service animal, as defined under the ADA (Americans with Disabilities Act), means a dog that has been individually trained to do work or perform tasks for an individual with a disability. The tasks performed by the dog must be directly related to the person's disability. In some circumstances, this can also extend to miniature horses.

Unlicensed dog means any dog for which the license fee for the current year has not been paid to which the dog license tag provided for in this title is not properly attached.

Vaccination means a protective inoculation against rabies with an anti-rabies vaccine given by a licensed veterinarian and approved by the county health department.

Veterinarian means a person licensed to practice veterinary medicine by the state.

(Ord. No. 2021-1, exh. A(6.04.010), 3-8-2021)

(a) Submission of complaint; investigation; response. Town residents may submit complaints regarding violations of this title in writing or by telephone to the animal control officer. The animal control officer shall investigate each complaint. Based on the officer's findings, and in the officer's sole discretion, the officer may issue either a warning, as provided in subsection (b) of this section, or a citation.

(b) Warnings authorized; exceptions. Except for violations of section 6.08.030, and for first violations only, the animal control officer may issue a warning that allows the violator 48 hours to correct the violation. If the violator fails to timely correct the violation, a citation shall be issued. For purposes of determining the appropriate fine amount for subsequent violations, the warning authorized by this section shall not be counted as a first violation.

(c) Required records. The animal control officer shall keep a complete record of all complaints including the complainant's name, address and telephone number; the animal owner's name, address and telephone number; the location of the violation; the nature of the violation; the violation dates; the date, extent, and result of investigation of the complaint; the action taken following investigation; and the amount of any fine levied.

(d) Penalties. Except as otherwise specifically provided in this title, violations of this title constitute infractions subject to penalties as provided in the bail schedule on file in the office of the town clerk, as amended from time to time.

(Ord. No. 2021-1, exh. A(6.04.020), (6.04.030), 3-8-2021)

Any official designated to administer and enforce the provisions of this title may enter upon all private or public premises for the purpose of enforcing the provisions of this title except as such entry is prohibited or restricted by state law.

(Ord. No. 2021-1, exh. A(6.04.040), 3-8-2021)

Any interference with the animal control officer in performance of his duties constitutes a misdemeanor punishable as provided in section 1.04.110.

(Ord. No. 2021-1, exh. A(6.04.050), 3-8-2021)