Hesperia Municipal Code Ch. 6.00 General Provisions

For the purpose of this title, the words and phrases are defined in Section 1.04.050.

(Ord. 2002-08 Exh. C (part), 2002)

The shelter shall keep accurate records of each animal taken up, treated, or impounded. The records shall include all of the following information and any other information required by the California Veterinary Medical Board and shall be maintained for at least three years.

A. The date and circumstances the animal was taken up, impounded, treated, returned, adopted, or euthanized.

B. The license tag number if present.

C. The names of any employees or volunteers who treated, handled, or euthanized the animal.

D. A description of any treatment provided the animal and the name of the veterinarian of record.

E. The name and address of any adopting party.

(Ord. 2002-08 Exh. C (part), 2002)

The animal control officers are authorized and empowered to:

A. Capture, receive, and impound any animal observed or found running at large, any animal found molesting any person or other animal, any animal being kept or maintained in violation of any provision of this code or of any state law, any stray or abandoned animal, any animal unlicensed or unvaccinated as required by this code, any animal which has been released by its owner or keeper, or any animal for which the owner is unwilling or unable to care for or is unavailable.

B. Regularly and adequately feed, water, and care for all animals impounded under the provisions of this code.

C. Treat or cause to be treated any animal that, in their opinion, could become adoptable with reasonable efforts.

D. Release any unlicensed and spayed or neutered animal, not suffering from any infectious or contagious disease, to any adult person or humane society or rescue organization as defined in 501.3.c of the Revenue Code (IRS) that will pay fees for licensing, rabies vaccinations, and spaying or neutering.

E. Humanely destroy any animal that is suffering from an incurable or contagious disease as certified by a licensed veterinarian, or is suffering from a serious injury and euthanasia is the most humane action to take, or is an unlicensed vicious dog, or which has been ordered by the hearing officer, or which has been held for adoption for at least the minimum time period prescribed in State law and has not been taken for adoption.

(Ord. 2002-08 Exh. C (part), 2002)

Any animal which endangers the life or health of persons or animals, or substantially interferes with a residents reasonable expectations or enjoyment of their property is declared to be a public nuisance.

Any animal shall be determined to be a public nuisance if its owner allows the animal to do any of the following:

A. Is found untethered and off its property more than two times in three years.

B. Damages the property of anyone other than its owner.

C. Molests or intimidates pedestrians or passersby while the animal is off the property of its owner.

D. Chases vehicles in a public right-of-way.

E. Habitually barks, crows, whines or makes other loud or unusual noises when the noise interferes with the reasonable enjoyment of a persons property by a person of ordinary sensitivities in residentially zoned property.

Exception: Habitually barking dogs in agricultural zones, under the same conditions as above.

F. Causes fouling of the air by odor by unclean or unmaintained enclosures and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.

G. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored.

H. Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals maintained; or attacks other domestic animals, including animals possessed by the owner of the attacking animal.

I. An unspayed female in estrus is left in an unfenced place so as to attract stray males.

Any animal owner or keeper that violates any federal, state, or local law shall be guilty of causing a public nuisance. Any person killing or butchering any animal within one hundred (100) feet of a public right-of-way shall screen the action from view of the public right-of-way, shall be guilty of a public nuisance. Any person killing or butchering small livestock, hogs or cattle shall be registered with the state or federal government to do so.

(Ord. 2002-08 Exh. C (part), 2002)

It is unlawful for any person to keep or maintain, or to cause to be kept or maintained, any animal, unless the keeping of such is permitted by the zoning ordinance of the city or this title.

(Ord. 2002-08 Exh. C (part), 2002)

The enforcement officer is authorized to use any and all methods approved in Chapter 1.12 of this code in order to recover fees, enforcement costs, and abatement costs.

(Ord. 2002-08 Exh. C (part), 2002)