Lemoore Municipal Code Art. I In General

It shall be the duty of the animal control officer to enforce the provisions of this chapter. (Ord. 2002-11, 8-6-2002)

This chapter shall be known as the ANIMAL CONTROL ORDINANCE. (Ord. 2002-11, 8-6-2002)

As used in this chapter, all words shall have their usual meanings except that the following words or terms as used in this chapter shall be defined as follows:

AGENT: Any agency, society or other organization with which the city has contracted to carry out the provisions of this chapter.

ANIMAL CONTROL OFFICER: The chief of police or his/her designee or any person employed by the city or under the supervision of the animal control officer or the police department for the purpose of enforcing the animal control laws and regulations. When the city has contracted for the performance of such services, animal control officer shall mean the party with whom the city has so contracted.

ANIMAL LICENSE FEE COLLECTOR: The animal control officer or any person or entity delegated by and under the supervision of the animal control officer for the purpose of issuing animal licenses for the city of Lemoore.

CITY: The city of Lemoore.

COUNTY HEALTH OFFICER: The Kings County health officer, or his designee.

DANGEROUS ANIMAL: Any animal that has bitten, injured or aggressively pursued any human being or other animal which the animal control officer, after conducting an investigation pursuant to section 5-1-56 of this chapter or a hearing officer, after an appeal hearing, finds that because of its behavior, temperament and physical characteristics combined with the manner in which it is maintained will probably cause great bodily harm to a human being or other animal in the future. No animal shall be found to be a dangerous animal based only on circumstances set forth in section 5-1-56 of this chapter.

DISEASED OR INJURED ANIMAL: Any animal not suspected of rabies which is apparently either diseased, sick, injured, disabled, infirm or crippled.

DOG KENNEL: Any place or premises where four (4) or more dogs or cats or combinations thereof, over the age of four (4) months, are kept. For the purposes of this chapter, "keeping" includes boarding, grooming, breeding, training, sale and related purposes other than places maintained by a licensed veterinarian or society for the prevention of cruelty to animals.

FOWL: As used herein includes chickens, turkeys, emus, ostriches, and all other domestic or domesticated fowl other than household pets.

GUIDE DOG: Any dog trained to lead a blind person.

HARBORING: A person "harbors" a dog within the meaning of this chapter when he feeds or shelters a dog.

LIVESTOCK: As used herein includes horses, ponies, mules, burros, jack or jennies, cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs, and all other domestic or domesticated animals other than household pets.

OWNER: Any person, association, firm or corporation owning, having an interest in, or having control, custody, or possession of any animal.

POTENTIALLY DANGEROUS ANIMAL: Any animal that has bitten, injured or aggressively pursued any human being or other animal which the animal control officer, after conducting an investigation pursuant to section 5-1-56 of this chapter or a hearing officer, after an appeal hearing finds that because of its behavior, temperament and physical characteristics combined with the manner in which it is maintained there is a substantial possibility that it will cause injury or great bodily harm to a human being or other animal in the future. No animal shall be found to be a potentially dangerous animal based solely on circumstances set forth in section 5-1-56 of this chapter.

PUBLIC NUISANCE: For the purposes of this chapter:

A. Any animal or animals which:

• 1. Harass or annoy passersby or chases passing vehicles;
• 2. Attacks other animals;
• 3. Trespasses on school grounds;
• 4. Is at large three (3) or more times within a twelve (12) month period;
• 5. Damages private or public property;

6. Barks, whines, or howls in an excessive or untimely fashion as described in section 5-1-79 of this chapter.

B. An owner allowing his/her animal to: 1) defecate on property not owned by the animal owner without immediately cleaning or removing the excrement to a proper receptacle or 2) urinate on property not owned by an animal owner that causes damage to such property, including, without limitation, damage to grass.

C. Unsanitary conditions on any premises where the animal is kept which causes foul odor, attracts flies or vermin or otherwise threatens the public safety or health.

D. Any other condition, act, omission or event not warranted by law or which endanger the life, health, property, morals, or comfort of the public, or obstructs the public in the exercise or enjoyment of rights common to all or as otherwise defined as a nuisance in this section, code or by law.

RUNNING AT LARGE: A dog "runs at large" within the meaning of this chapter when it is on private property without the permission of the person owning or occupying the property, or when it is upon public property and is not upon a leash or chain continuously held in the hand of a responsible person capable of controlling such dog.

SIGNAL DOG: Any dog trained to lead or assist a deaf person. (Ord. 2014-07, 10-21-2014)

Any person who has an animal in his possession, custody, or control who wilfully fails or refuses to exhibit such animal or any required license therefor for inspection upon demand by the animal control officer or any peace officer is guilty of an infraction. (Ord. 2002-11, 8-6-2002)

For the purpose of discharging the duties imposed by this chapter or other applicable law and to enforce the same, the animal control officer or any peace officer may enter upon private property, except dwellings located thereon, as follows:

A. During daylight:

1. When in pursuit of any animal which he has reasonable or probable cause to believe is subject to impoundment pursuant hereto or other applicable law.

2. To impound or place in isolation any animal thereon which he has any cause whatsoever to believe or suspect has rabies or is a potentially dangerous animal or dangerous animal.

3. To inspect or examine animals isolated thereon pursuant hereto or other applicable law.

B. At night:

1. When in pursuit of an animal which he has reasonable or probable cause to believe is subject to impoundment pursuant hereto or other applicable law.

2. To impound or place in isolation any animal thereon which he has any cause whatsoever to believe or suspect has rabies or is a potentially dangerous animal or dangerous animal.

As a condition of the authority set forth in this section, except where time does not permit in an emergency or when in fresh pursuit, before entering upon private property a reasonable effort shall be made to locate the owner or possessor thereof to request permission to enter upon such property and to explain the purpose for such entry. (Ord. 2007-03, 5-15-2007)

The animal control officer may make rules regulating the size and type of cage or other means of confinement, the distance from the place of confinement, the distance from the place of confinement to adjoining property, and any other regulations deemed reasonably necessary by the animal control officer or the county health officer to carry out the purpose of this chapter and to ensure the maintenance of humane, sanitary conditions and the safety of persons and property. A copy of the rules and regulations shall be furnished by the animal control officer upon request. In applying the regulations to a given situation, the animal control officer shall take into consideration the type, nature, disposition and training of the animal involved. (Ord. 2002-11, 8-6-2002)

Every person who breaks open an animal shelter, temporary shelter or shelter vehicle, or who wilfully resists, delays, or obstructs the animal control officer in the discharge of, or attempt to discharge, any duty of his office, is guilty of a misdemeanor. (Ord. 2002-11, 8-6-2002)

In addition to other authority provided by law for making arrests, the animal control officer and his deputies are hereby designated as peace officers and employees and are authorized to make arrests according to Penal Code section 836.5 for the purpose of enforcing and carrying out provisions of this chapter. (Ord. 2007-03, 5-15-2007)

All animals impounded shall be kept at the risk of the owner, and neither the city nor its officers, agents or employees shall be liable to the owner for the delivery in good faith of any such animal to a person claiming to be, but not in fact being, entitled to reclaim the same. Neither the city, nor its officers, agents or employees shall be liable for injury or disease to any animal incurred while said animal is being captured, transported, or impounded. (Ord. 2002-11, 8-6-2002)

Except as otherwise specifically provided in this chapter, any person violating or failing to comply with any provision of this chapter or any rule or regulation of the animal control officer or any peace officer shall be guilty of an infraction punishable pursuant to the provisions of section 1-4-1 of this code. (Ord. 2002-11, 8-6-2002)

A. Any person arrested for violation of this chapter shall be given the opportunity to sign a written notice to appear with his promise to appear pursuant to section 836.5 of the Penal Code. Any person refusing to sign a written notice to appear with his promise to appear may be taken into custody.

B. Any person who signs a written promise to appear with a false or fictitious name is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. (Ord. 2002-11, 8-6-2002)

A. Any person wilfully violating his written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

B. Any person wilfully failing to pay a lawfully imposed fine for a violation of any provision of this chapter within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the fine is due is guilty of a misdemeanor regardless of the full payment of the fine after such time. (Ord. 2002-11, 8-6-2002)

If any part of this chapter is found to be unconstitutional or invalid, the city council hereby declares that it would have enacted the remainder of this chapter regardless of the absence of any such invalid part. (Ord. 2002-11, 8-6-2002)

The city council may, by resolution or order, establish rates or charges for service provided or licenses issued under the provisions of this chapter. (Ord. 2002-11, 8-6-2002)