Lemoore Municipal Code Art. IV Rabies Control

A. Primary Immunization: Every person owning, harboring, or keeping any dog shall, within thirty (30) days after such dog attains the age of four (4) months, cause it to be vaccinated against rabies. This immunization shall be known as the "primary immunization".

B. Revaccination Intervals: Dogs shall be revaccinated one year after the primary immunization. Such dogs shall then be revaccinated at least every three (3) years thereafter.

C. Approval Of Vaccine: All rabies vaccines shall be approved by the California department of health. (Ord. 2002-11, 8-6-2002)

The animal control officer may provide facilities for the rabies vaccination of dogs or may arrange for such vaccination at low cost public clinics. Blank forms shall be provided for the vaccination certificates required by this chapter. Failure to display a valid rabies vaccination certificate upon reasonable demand by the animal control officer is prima facie evidence of nonvaccination. The vaccination required herein may be obtained either at such facilities or clinics or from a licensed veterinarian of the owner's choice. (Ord. 2002-11, 8-6-2002)

The animal control officer shall have authority to place in isolation any dog, licensed or not, which in the opinion of a licensed veterinarian or the county health officer, displays symptoms suggestive of rabies. Such isolation shall be at an animal pound unless the owner of such dog, with the approval of the county health officer, arranges with a licensed veterinarian for such isolation in a private animal hospital or clinic. Any dog placed in such isolation shall be kept strictly confined and under such observation as may be required by the county health officer. Such isolation shall continue for at least ten (10) days from the date the symptoms suggestive of rabies were first observed. Such isolation may be continued for a period longer than ten (10) days if, in the opinion of any licensed veterinarian or the county health officer, such longer period is necessary. At the expiration of such confinement, any dog confined at an animal pound shall be released upon payment of the fees set forth in section 5-1-75 of this chapter, if, in the opinion of any licensed veterinarian or the county health officer, such dog does not have rabies. (Ord. 2007-03, 5-15-2007)

It shall be the duty of every licensed veterinarian to report immediately to the county health officer any animal observed by him which is diagnosed by him as having rabies or is suspected of having rabies. (Ord. 2002-11, 8-6-2002)

It shall be the duty of every physician, or other person, to report to the county health officer the name and address of any person treated for a bite inflicted by any animal, and report the biting of any animal of a species subject to rabies which has been bitten by a known or suspected rabid animal or has been in intimate contact with a rabid or suspected rabid animal, together with such other information as will be helpful in rabies control. The county health officer may follow the "Guidelines For Investigation Of Animal Bites" established by the California department of health. (Ord. 2002-11, 8-6-2002)

A. The animal control officer shall have the power to summarily and immediately impound a dog or other animal where there is evidence it has attacked, bitten or injured any human being or other animal pending any court, dog license, or animal permit revocation proceeding arising from the attack, bite or injury. The animal control officer or his duly authorized representative may enter and inspect private property to enforce the provisions of this section.

Failure to surrender to the animal control officer, upon demand, a dog or other animal which is subject to being impounded pursuant to this section is a misdemeanor.

A dog or other animal, impounded pursuant to the authority of this section, shall be returned to the owner or custodian as provided in section 5-1-59 of this chapter or when it is no longer required as evidence, or if a notice of an investigation to determine if an animal is dangerous or potentially dangerous pursuant to section 5-1-59 of this chapter has not been served on the owner or custodian within seven (7) days after the impoundment.

B. In lieu of impoundment pursuant to this section, the animal control officer may permit the dog or other animal to be confined at the owner's or custodian's expense in a dog kennel or veterinary facility within the city or at the owner's or custodian's residence in an enclosure described in subsection D of this section, provided that the owner or custodian agrees to all of the following conditions:

1. Shall not remove the dog or other animal from the kennel, veterinary facility or residence without the prior written approval of the animal control officer or his authorized representative; and

2. Shall make the dog or other animal available for observation and inspection by the animal control officer and members of law enforcement or their authorized representatives; and

3. Shall verify to the animal control officer that the dog or other animal will be confined in such a way as to prevent its coming into contact with members of the public other than the immediate family of the owner or custodian.

C. The animal control officer or his designated representative may have a dog or other animal impounded or confined as provided in subsection A or B of this section, identified by means of permanent marking prior to release from impoundment or confinement.

D. For purposes of this section, "enclosure" shall mean a fence or structure of at least six feet (6') in height, forming a confined area sufficient to prevent the entry of young children, and effective in containing the dog or other animal. Such enclosure shall be securely enclosed and locked and equipped with secure sides, top and bottom, and shall be designed to prevent the dog or other animal from escaping the enclosure. (Ord. 2007-03, 5-15-2007)

Every person who, after requesting and obtaining approval for the keeping of a biting animal confined and isolated upon his private premises, as provided in section 5-1-56 of this chapter, fails for any reason whatsoever to keep such animal continuously confined and isolated upon his premises, either indoors or inside some enclosure, for a period of ten (10) days after the day such written request is presented to the county health officer, is guilty of an infraction. Any such animal, whether licensed or unlicensed, not continuously confined and isolated as required herein shall be taken up forthwith by the animal control officer and isolated as provided in section 5-1-53 of this chapter. (Ord. 2002-11, 8-6-2002)

Any animal isolated at the animal pound as provided in section 5-1-53, 5-1-56, or 5-1-57 of this chapter and found not to have rabies may be redeemed by the owner by paying to the animal control officer all applicable fees and by obtaining any necessary license. Any animal which is not so redeemed within seventy two (72) hours after the expiration of the isolation period shall be deemed to have been abandoned and shall be disposed of as provided in section 5-1-73 of this chapter. (Ord. 2002-11, 8-6-2002)

A. Investigation And Declaration: The animal control officer shall conduct an investigation to determine whether or not a dog or other animal confined or impounded pursuant to section 5-1-56 of this chapter is a dangerous or potentially dangerous animal. Within seven (7) days of the date of impounding the dog or other animal pursuant to section 5-1-56 of this chapter the animal control officer shall serve upon the owner or custodian of the dog or other animal by regular and certified mail a notice of investigation to determine if the animal is dangerous or potentially dangerous. This notice shall describe the purpose of the investigation, how the investigation will be conducted, the factors the animal control officer will consider in making a finding and a deadline for completing the investigation. The investigation may include interviewing the owner(s) of the dog or other animal, witnesses, reviewing records of citations and reports of previous incidents involving the dog or other animal and evaluating the temperament of the dog or other animal through behavioral testing. In making a finding regarding whether the dog or other animal is dangerous or potentially dangerous, the animal control officer shall consider the factors set forth in subsection C of this section. If after completing the investigation the animal control officer finds that the dog or other animal is dangerous or potentially dangerous, the animal control officer shall serve by regular mail and certified mail a notice of declaration as described in subsection B of this section. If after completing the investigation the animal control officer determines that the dog or other animal is not dangerous or potentially dangerous, the animal control officer shall inform the owner of the dog or other animal of this finding and release the dog or other animal to the owner. The investigation shall be completed and any declaration served within twenty one (21) calendar days of the date the dog or other animal was impounded pursuant to section 5-1-56 of this chapter.

B. Dangerous Or Potentially Dangerous Animal; Notice Of Declaration: The notice of declaration finding that a dog or other animal is dangerous or potentially dangerous shall contain:

1. A physical description of the animal, including the breed, if known, and the animal's license number, if any;

2. A statement informing the owner of the animal that the animal control officer has declared the animal a "dangerous animal" or a "potentially dangerous animal", including a brief and concise description of the facts that form the basis for the declaration of the animal as a dangerous animal or a potentially dangerous animal;

3. A statement informing the owner of the animal of the possible consequences should a declaration of dangerous animal or potentially dangerous animal become final;

4. A statement informing that the owner or custodian of the animal may appeal the declaration, provided that the appeal is made in writing as provided in subsection F of this section;

5. A statement that the appeal request must be in writing and filed with the city clerk's office within five (5) calendar days of service of the notice of declaration;

6. If the animal is declared dangerous, an order that the animal be humanely destroyed as provided for in subsection D of this section;

7. If the animal is declared potentially dangerous, an order setting forth any or all of the conditions set forth in subsection E of this section;

8. A statement that failure to appeal the notice of declaration will constitute a waiver of all rights to an administrative hearing and will be a final determination of the matter, and if after ten (10) days from the date of the issuance of the notice of declaration, the owner or custodian has failed to inform the animal control officer of an intent to comply with the conditions set forth in the notice of declaration, the animal will be deemed abandoned and may be humanely destroyed or otherwise disposed of;

9. A statement that failure to comply with all of the conditions set forth in the notice of declaration will result in the animal control officer proceeding with impounding and destroying or otherwise disposing of the animal.

C. Determination Of Dangerous Or Potentially Dangerous Animal; Evidence: In making a determination that a dog or other animal is or is not dangerous, evidence of the following shall be considered:

1. Any previous history of the dog or other animal attacking, biting or causing injury to a human or other animal;

• 2. The nature and extent of injuries inflicted and the number of victims involved;
• 3. The place where the bite, attack or injury occurred;
• 4. The presence or absence of any provocation for the bite, attack or injury;
• 5. The extent to which property has been damaged or destroyed;

6. Whether the dog or other animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;

7. Whether the dog or other animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals;

8. Whether the dog or other animal can be effectively trained or retrained to change its temperament or behavior;

9. The manner in which the dog or other animal had been maintained by its owner or custodian;

10. Any other relevant evidence concerning the maintenance of the dog or other animal; and

11. Any other relevant evidence regarding the ability of the owner or custodian, or the animal control officer, to protect the public safety in the future if the dog or other animal is permitted to remain in the city.

D. Disposition Of Dangerous Animal:

1. It shall be unlawful for any person to own, possess, harbor or keep any dog or other animal declared by the hearing officer, after a hearing, to be dangerous.

2. Any dog or other animal declared to be dangerous, if not already impounded by the animal control officer, shall be immediately surrendered to the animal control officer, and it is the duty of the animal control officer to take and impound any such dog or other animal.

3. Any dog or other animal declared to be a dangerous animal shall be humanely destroyed.

E. Dog Or Other Animal Found Potentially Dangerous; Procedure: If the notice of declaration states that the dog or other animal is potentially dangerous, in the notice of declaration the animal control officer may set forth any or all of the following as conditions to owning, possessing, controlling or being in charge of the animal declared to be potentially dangerous:

1. The animal shall be confined on the owner's premises in an enclosure approved by the animal control officer;

2. The animal shall be kept securely muzzled, leashed and under the control of a person eighteen (18) years of age or older, and who is physically capable of restraining the animal when the animal is off the owner's property;

3. The owner shall submit evidence to the animal control officer within seventy two (72) hours that the animal has been photographed and microchipped by the owner for purposes of identification;

4. The animal shall be altered to prevent reproduction;

5. The owner of the animal shall notify in writing any public or corporate entity, including, but not limited to, the city of Lemoore, county of Kings, the postmaster, utility companies, or any other organization that sends out employees to the residence, that a potentially dangerous animal resides at that property. The animal control officer may also set a time period by which such notices must be given, and when copies of such notices must be provided to the animal control officer;

6. The owner shall post signs on the premises where the animal is being kept that are clearly visible from points of entry to the property which state that an animal which has been declared to be potentially dangerous is on the property. The language of such signs shall be determined by the animal control officer and may be required to be in a language other than English. The animal control officer may require that such signs are posted before an impounded animal is returned to its owner or within ten (10) days from the date the animal was declared to be a potentially dangerous animal;

7. An animal which has been declared potentially dangerous may not be transferred to reside either temporarily or permanently at another location within the city of Lemoore without prior written authorization of the animal control officer. Said authorization shall not be issued unless every term set forth in the notice of declaration can be met at the proposed new location;

8. The owner shall allow inspections of the animal and its enclosure by the animal control officer or any law enforcement agency and produce upon demand proof of compliance with all conditions set forth in the final notice of declaration;

9. In the event of the animal's death, the owner shall notify the animal control officer within forty eight (48) hours and, upon request, produce evidence of the animal's death;

10. In the event that the animal escapes, the owner shall immediately notify the animal control officer. In addition, the owner and animal control officer shall make every reasonable effort to recapture the animal;

11. The animal shall be permanently removed from the city of Lemoore and the owner shall provide proof of said removal to the satisfaction of the animal control officer; and

12. The owner shall pay all impound and shelter fees incurred by the animal control officer to impound the animal during the investigation to determine whether the animal is dangerous or potentially dangerous.

If the owner fails to comply with all of the conditions ordered by the animal control officer or the hearing officer through the appeal process described in this chapter, the animal control officer shall proceed to impound and destroy or otherwise dispose of the animal.

F. Appeal Of Notice Of Declaration:

1. The owner of the animal may appeal the notice of declaration by filing a written appeal with the city clerk within five (5) days from the date of service of such notice. The written appeal shall contain all of the following:

a. A brief statement setting forth the legal interest of each of the appellants regarding the animal involved in the notice of declaration;

b. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested notice of declaration should be reversed, modified, or otherwise set aside;

c. The signatures of all parties named as appellants and their official mailing addresses, with statement from each appellant that each agrees to accept service of the written notice of the time and place of the appeal hearing and the decision of the city hearing officer at such address; and

d. The declaration under penalty of perjury of at least one appellant as to the truth of the matters stated in the appeal.

If the owner fails to file an appeal of the notice of declaration within five (5) days of service of the notice of declaration, the notice of declaration shall become final and fully enforceable.

2. An owner appealing a notice of declaration finding an animal dangerous or potentially dangerous shall be required to pay the office of the city hearing officer, at the time the written notice of appeal is filed, an appeal fee set forth in the master user's fee resolution. Such fee shall be refunded to the appellant if the hearing officer determines that imposition of the fee is not warranted or is not in the interest of justice. No notice of appeal is valid unless accompanied by the appeal fee.

3. If an appeal is filed, the appeal hearing shall be noticed and conducted under this section and the city's administrative hearing procedures ordinance.

G. Limitation On Ownership: Any person whose dog or other animal has been declared dangerous or potentially dangerous shall not own, possess, control or be in charge of another animal of the species declared to be dangerous or potentially dangerous for a period of three (3) years from the date of the final notice of declaration of order after appeal. The controller shall not issue or renew any license or permit for said species of animal, except that upon the written request of the person whose dog or other animal has been declared dangerous or potentially dangerous, the animal control officer may in his discretion authorize the issuance of a dog license.

H. Exceptions: No dog or other animal may be declared dangerous that inflicts injury or damage on a person committing a wilful trespass or other tort upon premises occupied by the owner of the dog or other animal, or teasing, tormenting, abusing or assaulting the dog or other animal, or committing or attempting to commit a crime.

No dog or other animal may be declared dangerous if it inflicts injury or damage on a domestic animal that was teasing, tormenting, abusing or assaulting the dog or other animal.

No dog or other animal may be declared dangerous for taking any action to defend or protect a human being within the immediate vicinity of the dog or other animal from an unjustified attack or assault. (Ord. 2007-03, 5-15-2007)

The council finds that dangerous animals and potentially dangerous animals are a public nuisance because of the potential threats to the public's health, safety and welfare resulting from these animals attacking, biting, injuring or killing other persons or animals. (Ord. 2007-03, 5-15-2007)

A person who owns or is in charge of or controls or who possesses a dog or other animal, other than a dog used in law enforcement or a guide, signal, or service dog, who permits, allows or causes the dog or other animal to be at large is guilty of a misdemeanor if said dog or other animal bites, attacks or causes injury to any human being or other animal. The minimum fine imposed for such misdemeanor shall be one hundred dollars ($100.00). Any person convicted under this section shall not own, possess, control or be in charge of any animal of the species which caused the bite, attack or injury for a period of three (3) years from the date of conviction. The controller shall not issue or renew any license or permit for said species of animal, except that upon the written request of the person so convicted, the controller, in his discretion, may authorize the issuance of a dog license. (Ord. 2007-03, 5-15-2007)