Lemoore Municipal Code Art. V Animal Control Generally

It is unlawful for any person to permit any dog owned, harbored or controlled by him to be on any public street, alley, lane, or place of whatever nature open to and used by the public in any area of the city, except a park or park area designated by the council to be a dog park, unless such dog is securely leashed and the leash is held continuously in the hands of a responsible person capable of controlling such dog, or unless the dog is securely confined in a vehicle.

It is unlawful for any person to suffer or permit any dog owned, harbored, or controlled by him to be on any private property in any area of the city without the permission of the person owning or occupying said private property. (Ord. 2008-01, 2-5-2008)

It shall be unlawful for any person owning or having possession of any animal to permit it to be at large without reasonable control or to be pastured or kept upon any street or other public place or upon any private property against the wishes of the owner or occupant thereof or in any manner or place to the injury of the owner or occupant of any other property. (Ord. 2002-11, 8-6-2002)

It is unlawful for any person owning, harboring, or controlling any livestock to permit such livestock to run at large upon the private property of another without the permission of the person owning or occupying said private property, or upon the streets or public places in the city of Lemoore. The animal control officer is authorized, whenever he deems it necessary, to deputize individuals, who are properly equipped, to capture and transport livestock which is running at large in violation of this section. Each animal captured or transported pursuant hereto shall be impounded at the risk of the owner and the owner or keeper of such animal is liable for all fees set forth in section 5-1-75 of this chapter. (Ord. 2002-11, 8-6-2002)

Upon approval of the animal control officer, a stallion may be kept, when authorized by land use regulations, in a substantial corral of wood or other construction six feet (6') in height and under conditions to prevent escape and protect people or other animals. A "minimum substantial corral" is defined as being constructed of four inch by four inch (4" x 4") posts, eight feet (8') on center, anchored twenty four inches (24") in Portland cement with two inch by six inch (2" x 6") rails set two inches (2") apart. (Ord. 2002-11, 8-6-2002)

Any animal found under conditions or in areas prohibited by section 5-1-66 or 5-1-67 of this chapter shall be taken by the animal control officer and impounded, provided that no such animal is staked or tied for the purpose of grazing upon private property, and no fowl at large upon private property shall be impounded except upon complaint of the owner, occupant, or person in charge of said property who claims to be injured thereby. (Ord. 2002-11, 8-6-2002)

The animal control officer is authorized, whenever he deems it necessary, to temporarily impound animals within an enclosure other than the city animal shelter and such an enclosure shall constitute a temporary animal shelter. Notice that an enclosure is an animal shelter shall be given by placing a sign to that effect on the gate or other entrance thereto. (Ord. 2002-11, 8-6-2002)

Any animal control officer shall immediately notify the owner or person entitled to possession of such animal or fowl, other than livestock, of the impounding thereof, if known, or if unknown by posting a notice of impounding containing a description of the animal, and the time and place of apprehension for three (3) days at the animal pound. After the expiration of this period, any unredeemed animal or fowl mentioned in such notice may be disposed of as provided for in this chapter. Upon the impounding of any livestock, the animal control officer shall notify the owner thereof, if the name of such owner is known to him, of such impounding. If the name of the owner is not known, the animal control officer shall publish a notice once in one or more newspapers published in the city describing the animal, stating that it has been impounded, and if not reclaimed it will be sold to the highest bidder at the time and place therein fixed, not less than ten (10) nor more than fifteen (15) days after the publication of such notice. (Ord. 2002-11, 8-6-2002)

The animal control officer shall feed and care for any dog impounded as provided in this chapter until it is disposed of as provided by law. If such dog is not a "diseased or injured dog" and is not suspected of having rabies, the person owning such impounded dog may redeem it at any time within five (5) working days if the dog wears a current license tag or within three (3) working days for impounded dogs not wearing license tags after it is taken up by describing it, proving ownership to the satisfaction of the animal control officer, by paying all applicable fees and by obtaining any necessary license. The five (5) days for redemption shall begin when written notice of such impounding is given as provided in section 5-1-72 of this chapter. However, an owner may waive the five (5) day redemption period in writing. If the impounded dog wears a license tag at the time of impounding issued under the provisions of this chapter, such notice shall be mailed to the address shown on the copy of the receipt for such license on file. If the dog impounded as provided in this chapter is not so redeemed within the above specified number of days, or if the owner of such dog fails or refuses to comply with any of the requirements of redemption as provided herein, or if the owner has waived the redemption period in writing, the animal control officer shall dispose of such dogs according to the provisions of this section. In disposing of an impounded dog, the animal control officer may, in his discretion, destroy the dog in a humane manner or he may deliver such dog for a pet to any person who redeems the dog as otherwise required by this chapter, together with signing a written agreement to feed the dog and provide it with a good home, or he may sell such dog to a state chartered humane society. When a dog is returned to the pound within ten (10) days of such delivery as a pet, the person returning the dog shall not be given the discretion to determine what disposition shall be made of the dog. There shall be no refunds for any redemption and board fees so charged. (Ord. 2002-11, 8-6-2002)

All livestock impounded may be reclaimed by the owner thereof at any time prior to its disposal by the animal control officer, upon:

A. Furnishing proof of ownership satisfactory to the animal control officer, and

B. Paying the fees set forth in section 5-1-75 of this chapter.

Any animal not reclaimed may be sold at the time set forth in the notice given pursuant to section 5-1-72 of this chapter. At such sale, the animal control officer may bid, on behalf of the county, the amount required to reclaim, and if such be the highest bid, the animal control officer shall direct the manner of disposal. The sale of any animal by the animal control officer in conformity with the provisions of this chapter shall vest title thereof in the purchaser. (Ord. 2002-11, 8-6-2002)

The animal control officer shall charge, receive and collect all fees, fines and charges as set by the city council on impounded animals provided, however, no fees whatsoever shall be charged or collected for or on account of any animal which has been unlawfully taken up or impounded. When requested by the owner or person entitled to custody of the animal, a hearing shall be held as soon as practical after such seizure upon the question of whether the animal has been legally taken up or impounded. Any animal found to have been unlawfully taken up or impounded shall be immediately delivered to the owner or person entitled to the custody thereof. (Ord. 2002-11, 8-6-2002)

The animal control officer shall, at the time of impounding any animal, determine whether it is a "diseased or injured animal" as defined herein. When a diseased or injured animal is impounded, the animal control officer is required to procure any necessary emergency medical treatment or dispose of such animal in accordance with section 597(f) of the California Penal Code. (Ord. 2002-11, 8-6-2002)

The keeping or harboring of any animal which is by reason of vicious disposition a menace to persons or other animals, or which is a continual hazard or annoyance to persons or vehicles passing by the premises where it is kept, shall be an infraction and such animal shall be deemed a public nuisance. Any person may file a complaint with the animal control officer in writing, signed by, and bearing the address of the person complaining. The complaint shall state the place where such nuisance exists, describe such animal and its conduct and give the name and address of its owner or keeper, if known. The animal control officer upon complaint or his own knowledge shall investigate, and if a violation exists, may cause notice of abatement to be issued, make an arrest in accordance with section 5-1-8 of this chapter, or take such other action as is necessary.

Any animal (except cats) permitted to be at large or trespassing upon private premises or public property in violation of this section shall be deemed prima facie to be under the control of the owner and declared to be a public nuisance and menace to public health and safety, and shall be seized and impounded as provided in this chapter.

Owners shall exercise proper care and control of their animals (except cats) and will prevent them from becoming a public nuisance, harassing or annoying passersby, chasing vehicles, attacking other domestic animals, and trespassing upon private property in such manner as to damage property. Failure to comply shall be deemed a public nuisance.

A public nuisance will exist as a result of the keeping or maintaining, or permitting to be kept or maintained, upon any premises owned, occupied, or controlled by any person of any animal or animals, which by any frequent or long continued noise shall cause annoyance or discomfort to two (2) or more reasonable persons of normal sensitiveness who reside in separate residences (including apartments and condominiums). However, an animal control officer may proceed on the basis of a complaint of only one person, if circumstances are determined to exist whereby a noise disturbance caused by an animal affects only one individual. Any noise caused by an animal which is audible continuously for ten (10) minutes, or intermittently for thirty (30) minutes, shall be prima facie evidence of such annoyance or discomfort. Factors which can be used to evaluate excessive animal noise include, but are not limited to: a) pitch; b) pattern; c) frequency of occurrence; and d) loudness. (Ord. 2014-07, 10-21-2014)

Any dog which is running at large and which is by reason of its vicious disposition dangerous to persons or property may be shot by any peace officer or animal control officer or shall be taken up and destroyed in a humane manner by the animal control officer. (Ord. 2002-11, 8-6-2002)

Any person who keeps or permits to remain upon any property under his ownership or control, other than in an appropriately zoned and licensed kennel or animal hospital, any dog or other animal which by continuous barking, whining, or other noise unreasonably disturbs the peace, comfort, or quiet of any resident of the neighborhood shall be guilty of an infraction. (Ord. 2002-11, 8-6-2002)

A. Wherever any animal control officer or peace officer finds a public nuisance to exist within the meaning of this chapter, they shall notify the owner of the animal by registered mail or in person that the owner shall either abate said nuisance within ten (10) days or show cause why said nuisance should not be summarily abated.

B. If said nuisance is not abated and no show of cause is made, the animal control officer may then issue a citation to the owner of the animal or may impound the animal which is creating the nuisance. Any animal so impounded shall be taken to the animal shelter designated by the city. (Ord. 2014-07, 10-21-2014)

(Ord. 2002-11, 8-6-2002; amd. Ord. 2014-07, 10-21-2014)