Huron Municipal Code Ch. 6.08 Animals and Fowl

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Animal control officer" shall mean an animal control officer, humane officer or other officer employed by the division of animal control whose duties relate to the enforcement of this chapter.

"Animal control shelter" shall mean the facilities provided for the impounding of animals.

"Chief of animal control" shall mean that person designated by the council, or if none, then by the city manager, as the director of animal control for the City.

"Division of animal control services" shall mean that section of the local government, or its designated contract agent, which is specifically charged with the regulation and enforcement of laws dealing with animals within its jurisdiction.

"Health officer" shall mean that person appointed by the board of supervisors of the County and any other person duly authorized by him to act on his behalf.

"Impoundment" shall mean the taking up and confining of any animal by the chief of animal control.

"Kennel" shall mean any enclosure, premises, building, structure, lot or area in a lot in which dogs or cats of at least four (4) months of age are kept, harbored or maintained for commercial purposes.

"Owner" shall mean a member of the household of business where an animal is being kept or a designated agency of that household or business.

"Person" shall mean a fictional entity, such as a corporation, estate, association, partnership or trust, as well as one or more individual human beings.

(Ord. 311 § 1 (part), 1995)

A. Responsibility. The chief of animal control shall be responsible for the enforcement of this chapter, and his duties shall include, but not be limited to the following:

1. To administer the animal control shelter and keep such records as may be required by law or by contract;

2. To take up and impound animals which are in violation of this chapter or for the safekeeping of the animal to protect its health and welfare;

3. To remove and dispose of the carcass of any animal found on any public highway, street, alley or other place;

4. To quarantine animals and to cooperate with the health officer; and

5. To enforce the provisions of this chapter related to regulations and prohibitions as to the number, type, and location of animals.

B. Enforcement. The chief of animal control and his officers shall have the duty of enforcing this chapter and the laws of the State relating to the care, treatment or impounding of animals or for the prevention of cruelty thereto.

C. Authority to Arrest. In the performance of their duties the chief of animal control and his officers shall have the authority to issue notices to appear in court pursuant to Chapter 5c (commending with Section 853.5) of Title 3, Part 2 of the Penal Code of the State for violations of State and Local animal control laws. This authority is based on Section 607 (b) and (g) of the Civil Code of the State.

D. Authority to Enter Premises. The chief of animal control shall have the right to enter upon any private or public property in the City of Huron in order to examine or capture any animal thereon or therein; provided, however, that no such officer or employee shall have the right to enter a house which is in use as residence without first having secured a search warrant therefore. The chief of animal control is authorized to enter upon any premises upon which any animal is kept, for the purpose of taking up, seizing or impounding any animal found running at large, or staked, herded or grazing thereon, contrary to the provisions of this code, or for the purpose of ascertaining whether such animal is registered as provided in this code, or for the purposes of inspecting the premises to ascertain whether a law of the City or State relating to the care, treatment or impounding of dumb animals or the prevention of cruelty to dumb animals is being violated.

(Ord. 311 § 1 (part), 1995)

Every dog owner, after his dog attains the age of four (4) months, shall procure every other year its vaccination by a licensed veterinarian with a canine anti-rabies vaccine approved by and in a manner prescribed by the State Department of Public Health.

(Ord. 311 § 1 (part), 1995)

A. Requirements. The owner of every dog over the age of four (4) months owned and harbored in the City shall obtain an animal license therefor. New residents shall have sixty (60) days in which to acquire such license. The fee for such license shall be in accordance with the fee schedule provided by resolution. The fee paid for the licensing of spayed or neutered dogs shall be one-half (½) or less of such license upon the presentation of the proper certification. Any person who shall fail to pay such license fee after such fee is due, or such dog is required to be licensed, shall pay a penalty in accordance with the fee schedule. A license shall be obtained, but no license fee shall be payable, for the licensing of any dog which is being used for guide purposes by a handicapped resident of the City, or for a dog which has served as a member of the armed forces of the United States of America, or for any dog currently being used by a local law enforcement agency for the purposes of crime prevention.

B. Exemptions. The licensing regulations of this chapter shall not be applicable to the following: dogs used for diagnostic purposes or research, the use having been approved by the State Board of Public Health pursuant to Section 1666 of the Health and Safety Code of the State; dogs which are owned by veterinarians licensed by the State and which are kept or maintained on the premises used by such veterinarians in their practice; and dogs kept by owners of pet shops for the purposes of sale, circuses, animal exhibits, or other enterprises maintaining dogs for sale which have been granted business licenses by the City.

C. Tags. The chief of animal control is required to procure plates or tags having thereon the number of the license or figures indicating the year for which the fee has been paid, and he shall keep a record of the name of the owner or possessor and a description of the dog for which the license is issued and the number of the license, and he shall deliver such tag to the person paying for such license tag as provided by this chapter.

D. Duplicate Tags. Whenever a license tag has been stolen or lost, the owner or possessor of the dog for which the tag was issued, upon the payment of the required fee may receive a duplicate tag for the remaining portion of the license period.

E. Wearing of Tags by Animals Required. Any animal for which a license is required shall have around its neck a suitable collar, having attached thereto such plate or tag with such inscription thereon as is required by this section.

F. Records. The owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold shall keep a permanent record of the name, address, and phone number of the purchaser of any canine along with the breed, color, sex and age of each mammal, bird, reptile and amphibian sold or given away. In addition, the owner or the operator shall forward such information to the chief of animal control within thirty (30) days after a sale of transaction. The chief of animal control shall have the right to inspect the records during normal business hours related to sales or transactions under the provision of this section.

(Ord. 311 § 1 (part), 1995)

No owner or possessor of any animal shall cause, permit or allow the animal to do any of the following:

A. To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in the City unless the animal is properly licensed and saddled, harnessed, haltered or leashed by a substantial chain, lead rope, or leash, which chain, lead rope, or leash shall be continuously held by some competent person capable of controlling such animal. All cats shall be exempted from the provisions of this section;

B. To trespass upon any private property without the consent of the owner thereof, and it shall further be unlawful for the owner or keeper of any animal, after receiving written notice by registered mail from any owner or tenant of private property, to allow or permit the animal to remain upon the property or to habitually continue to trespass thereon;

C. To suffer or permit such animal to habitually bark or act in such a manner as to continuously disturb the peace of any citizen or otherwise be a public nuisance; and

D. To be without proper and adequate food, water, shelter, care and attention pursuant to Section 597F of the Penal Code of the State;

E. To wilfully abandon any dog or other animal within the City;

F. To keep any hive of bees within two hundred (200) feet of any residence, hospital, sanitarium, public eating place, school, church, office building, store, hotel, apartment house, roominghouse or any other place of habitation. This section shall not apply to the keeping of bees within an educational institution for study or observation, or within a physician's office or laboratory for medical research, treatment or other scientific purposes, provided they are not permitted to fly at large;

G. To keep the stable, barn, stall, pen, coop, building or place in which any animal, fowl or bird is kept in an unclean or unsanitary condition;

H. To slaughter or cause to be slaughtered any animal within two hundred (200) feet of any residence, hospital, sanitarium, public eating place, school, church, office building, store, hotel, apartment house, roominghouse or any place of habitation. This subsection shall not apply to the slaughter of animals within an educational institution for study or observation, or within a laboratory or such other facility which has been approved for such use. In areas where slaughtering is allowed, the entrails must be buried on-site to a depth of at least three (3) feet within two (2) hours of slaughtering or shall be picked upon and disposed of in an approved manner.

(Ord. 311 § 1 (part), 1995)

Notwithstanding any provision of this code with regard to uses as of right or under a conditional use permit, the provisions of this section with regard to animals in residential zoned property shall be enforced. For these purposes, "residentially zoned property" shall include any property which is zoned R-1, R-2 or R-3, under the provisions of the zoning ordinance, and which has, since residential zoning has been imposed, been used for residential purposes. It is unlawful to maintain any animals in a residential zone in the City of Huron, other than household pets. It is unlawful in a residential zone to maintain any animals, including household pets, for a commercial purpose. For the purpose of interpreting this section, the term "household pets" is defined as follows:

A. The following are household pets:

1. Dogs;

2. Domesticated cats;

3. Small birds (including parakeets, canaries and other birds of similar size);

4. Larger birds (including chickens, pigeons, quail, pheasants, doves and other birds of similar size) not to exceed ten (10) per residential lot; and

5. Rabbits, hamsters, chinchilla, guinea pigs and rodents of a similar size, not to exceed four (4) per residential lot.

B. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, avian or ruminant animals, pigs, including but not limited to pot-bellied pigs, predatory wild animals, ducks, geese, turkeys, roosters, fighting cocks, fowl which normally constitute an agricultural use, zoo animal, poisonous reptiles and bees. Nothing in this section shall be interpreted so as to allow the keeping any animal species which is listed as either an endangered species or a threatened species under either the California Endangered Species Act or the federal Endangered Species Act.

C. Any animal which is not listed in the definition of a household pet given in this section but also not mentioned in the list of animals which are specifically not household pets, shall be presumed to be not a household pet, unless the city council determines otherwise.

D. All animals kept as household pets pursuant to this section shall be maintained in a manner which does all of the following:

1. Provides a healthy environment for the animal;

2. Does not constitute a risk to the health or safety of humans;

3. Does not constitute a nuisance to the neighborhood; and

4. Is approved by the county health officer.

(Ord. 311 § 1 (part), 1995)

Every animal kept or found in violation of the provisions of this chapter may be taken up and impounded by the chief of animal control. Such animal may be redeemed by the owner or person entitled to its possession within seventy-two (72) hours thereof on the payment of such fees and charges as provided by resolution but, if not so redeemed, such animal may be destroyed by the chief of animal control. If no person appears and redeems said animal within seventy-two (72) hours from the giving of the notice as therein provided, the person in charge of the impound facility may cause and direct the animal to be sold, or may cause and direct the animal to be placed with a home by such person to be suitable. The receipt for the sale thereof, shall be a valid title to the purchaser, subject, however, to the right of redemption as set forth in this chapter.

(Ord. 311 § 1 (part), 1995)

Whenever the chief of animal control shall have reasonable cause to believe that any animal, either licensed or unlicensed, regardless of whether it is a household pet, is diseased or vicious or dangerous to any person or other animal, the chief of animal control is directed to take custody of such animal and impound the animal in a safe place for such period of time as is required in order to observe, examine and determine whether or not such animal is diseased or vicious or dangerous or constitutes a menace to the public health or safety. It shall be the duty of the chief of animal control to observe and examine any such animal and determine whether the animal is diseased or vicious or dangerous or does constitute a menace to the public health or safety. If it is so determined, it shall be unlawful for any person to continue to maintain such animal; otherwise, such animal shall be returned to the owner or person entitled to its possession.

(Ord. 311 § 1 (part), 1995)

Within twenty-four (24) hours after the impoundment of any animal, the chief of animal control shall notify the owner or possessor of the animal, if known, that the animal has been impounded and the date of impounding. If the owner or possessor of such animal is not known to the chief of animal control, the chief shall maintain records of such impoundment for at least thirty (30) days after the date of the impoundment.

(Ord. 311 § 1 (part), 1995)

Any owner or possessor of any animal impounded pursuant to this chapter that is (a) found to be without proper and adequate food, water, shelter, care and attention; or (b) found to be diseased or vicious or dangerous to any person or other animal or has bitten any person or other animal shall be entitled to a hearing conducted by the city manager, health officer or designee into such seizure within ten (10) days following such impoundment provided such owner or possessor files a written request with the chief of animal control within three (3) days following the notice of such impoundment. In any case, such owner or possessor shall be liable for all costs related to such seizure.

(Ord. 311 § 1 (part), 1995)

The owner or person entitled to the control or custody of any animal impounded, at any time before the sale or other disposition thereof, may redeem the animal by paying all the proper fees and charges thereon made by virtue of any of the provisions of this chapter. Whenever such animal is redeemed, the person redeeming shall receive from the chief of animal control duplicate receipts for the same. The chief of animal control shall give to any person redeeming such animal a receipt for the redemption money.

(Ord. 311 § 1 (part), 1995)

The fees for animal shelter services in impounding and caring for animals shall be by type of animal as follows, and no animal shall be released by its owner or possessor before such fees as are provided by resolution are paid in full:

A. Type A: horse, mare, mule, ass, bull, ox, calf or other animal of similar size;

B. Type B: sheep, lamb, goat, hog or other animal of similar size;

C. Type C: dog;

D. Type D: cat;

E. Type E: bird, fowl, rabbit, hamster or rodent; or

F. Type F: all other animals not otherwise listed in this section.

(Ord. 311 § 1 (part), 1995)

If a license fee has not been paid for the then current period for any impounded dog, the party redeeming, before redemption, shall pay such license fee.

(Ord. 311 § 1 (part), 1995)

The chief of animal control shall keep a record of the number of all animals impounded, showing in detail, in the case of each animal, the description, date of receipt, the date and manner of disposal, the name of the person redeeming or purchasing, the fees and charges and proceeds of sales received on account thereof, and such additional records as may be required.

(Ord. 311 § 1 (part), 1995)

The county department of health and welfare may determine and declare that rabies are epidemic or that another unusually dangerous health situation exists around dogs and other animals in the jurisdiction, or in any part thereof. Upon the making of such description, the health officer shall prepare and promulgate such rules and regulations as are necessary for the control of the dogs and other animals within such area. Such rules and regulations of the health officer may include, but are not limited to, the quarantine, vaccination and destruction of diseased or suspected or stray animals by humane methods. It shall be the duty of the chief of animal control to assist the health officer in carrying out such rules and regulations.

(Ord. 311 § 1 (part), 1995)

It shall be the duty of any person having knowledge that any animal has bitten a human being to report the fact immediately to the county department of health and welfare, the chief of animal control, or the local law enforcement agency having jurisdiction and to furnish complete information thereof.

(Ord. 311 § 1 (part), 1995)

The council may contract for animal control service with the County or any humane society or other organization, corporation or association upon such terms and conditions as may be agreeable.

(Ord. 311 § 1 (part), 1995)

All revenue derived from the fee schedule (except for board fees), and all revenue derived from fines, forfeitures and penalties related to the enforcement and administration of these provisions, shall go to the general fund.

(Ord. 311 § 1 (part), 1995)

It shall be unlawful for any person in any manner to interfere or attempt to interfere with any duly authorized enforcement officer engaged in the performance of any duty imposed or authorized by this chapter, or for any person to unlawfully take or attempt to take any dog or other animal seized pursuant to the provisions of this chapter from the custody of such officer, or for any person to remove or attempt to remove from impoundment any dog or other animal without first having redeemed such dog or animal as provided in this chapter, or without first having obtained their permission of such officer to do so.

(Ord. 311 § 1 (part), 1995)

It shall be unlawful for any person to permit any vicious animal owned by such person, or under his control, to run at large. Any dog which viciously attacks other dogs or animals, or which has once bitten or otherwise has physically attacked a human being without reasonable provocation, shall be conclusively presumed to be vicious.

Any animal which has been taken into custody as the result of a complaint under this section shall be held by the animal control division of the City at the cost and expense of the owner of such animal pending a resolution of the charges so filed and until a determination is made of the case.

When the charge has been finally determined, the court, in addition to other penalties imposed by this chapter, may order that the animal be destroyed or otherwise disposed of.

(Ord. 311 § 1 (part), 1995)

Any person who commits any act declared by any provision of this chapter to be unlawful, or who violates the provisions, or fails to comply with the mandatory requirement of any section or portion of this chapter shall be punishable as for an infraction. Each violation within a single twelve (12) month time period shall be punishable by:

A. A fine not exceeding fifty dollars ($50.00) for a first violation;

B. A fine not exceeding one hundred dollars ($100.00) for a second violation of this chapter within one (1) year;

C. A fine not exceeding two hundred dollars ($200.00) for each additional violation of this chapter within one (1) year; and

D. Repeated violation of this chapter may be punishable as a misdemeanor.

The amount of the fine may, from time to time, after the adoption of the ordinance codified in this chapter, be changed by the city council by resolution without the necessity of amending said ordinance. Only the initial amount of the fine is set forth herein.

(Ord. 311 § 1 (part), 1995)