Livingston Municipal Code Ch. 3 Animal Control Regulations

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADEQUATE FOOD. The kind, type and quantity of food appropriate and suitable for the age and species to provide a reasonable level of nutrition, and which is provided at regular intervals in a sanitary container, dish or receptacle, but in no event longer than 24-hour intervals.

ADEQUATE WATER. Continuous access to fresh potable water in a clean and sanitary receptacle or container.

AMBIENT TEMPERATURE. Air temperature in the immediate vicinity of the animal.

ANIMAL. Any animal that may be wild or legally kept as a domestic pet including cats, dogs, birds, reptiles, horses, ponies, mules, burros, sheep, goats, swine, bird, fish, poultry, fowl or any domestic bovine animal or any other wild or domestic animal. ANIMAL does not include rodents.

ANIMAL CONTROL OFFICER. Any city police officer or other person appointed or designated an animal control officer by the City Manager, Chief of Police or any officer or employee of another local government agency acting pursuant to a contract or under the authority of the city.

ANIMAL SHELTER. A facility designated by the Police Department for the impoundment of animals and authorized by the City Manager or City Council.

ANIMAL UNDER RESTRAINT. Any animal under the control of its owner or person having charge, care, custody or control, except that a dog shall not be considered under control of the owner unless on a leash or lead, confined within a vehicle, or confined within the real property limits of the owner either behind a secure fence structure or securely restrained by a leash or lead.

AT LARGE. Any animal that is off the premises of its owner, custodian or caretaker and which is not under physical restraint by a leash, lead, halter, rope and the like, of a size and material appropriate to the size and temperament of the animal and which is held by a person capable of restraining such animal, or is not otherwise physically restrained by some other device or instrumentality, except that such device or instrumentality shall not include voice control, eye control or signal control of the animal by any person, device or instrumentality.

BITE. An actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal.

CAT. Any member of the feline species (Felis catus) customarily confined by or bred by humans as a pet.

CATTERY. An establishment for boarding, breeding, buying, grooming or selling cats for profit or any building, structure, enclosure or premises whereupon, or within which ten or more cats, four months of age or older, are kept or maintained in a manner consistent with the zoning ordinance.

COOP. A covered enclosure for housing fowl.

DOG. Any member of the canine family (Canis familiaris), and shall also include both male and female gender, whether neutered or spayed.

DOG LICENSE. Any license required by this chapter that is issued every one to three years depending on the rabies vaccinations for each individual dog.

DOMESTIC BIRD. Includes, but is not limited to, budgies, canaries, cardinals, cockatiels, cockatoos, doves, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots, sparrows, toucans and weavers.

DOMESTICATED ANIMAL. Any animal accustomed to living in or about the habitation of humans, including, but not limited to, cats, dogs, birds, fowl, horses, rabbits, swine and goats.

EUTHANASIA. The humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, such as lethal injection, or by a method that involves anesthesia, produced by an agent which causes the painless loss of consciousness and death during such loss of consciousness.

FOWL. Any larger domestic bird such as a domesticated chicken, duck, goose, guinea fowl, peafowl, peacock, turkey, dove, pigeon, game bird or similar bird intended for human consumption or for the production of eggs for human consumption.

GROOMING SALON. A licensed commercial establishment or any building, structure, enclosure or premises having three or more dogs or cats for the purpose of bathing, brushing, clipping, manicuring or other related services and where there is no overnight boarding or breeding.

GUIDE DOG. Any dog trained and used for the purpose of guiding a blind person.

HARBOR. Includes any act of sheltering or providing a home for an animal, or two or more acts of feeding an animal.

HOUSEHOLD PETS. Domestic animals ordinarily permitted in a place of residence, kept for company and pleasure, such as dogs, cats, domestic birds, guinea pigs, white rats, rabbits, mice and other similar animals generally considered by the public to be kept as pets, excluding fowl.

IMPOUNDED. Having been received into the custody of any animal control center, animal control officer, animal control vehicle or peace officer duly authorized by the city to receive such animal.

INHUMANE TREATMENT. Physical and/or emotional mistreatment of an animal including, but not limited to:

1. Burdening the animal with heavy chains or leashes, padlocks or weights around any part of the body of the animal;

2. Exposure to extreme temperature (whether in an unattended vehicle or without adequate ventilation); or

3. Inadequate food, water or shelter.

KENNEL. A licensed commercial establishment or any building, structure, enclosure or premises having three or more dogs or cats for the purpose of boarding, breeding, buying, selling, training and letting for hire for a fee.

LEASH. Any chain, rope, leather strap or material not to exceed six feet in length being held in the hand of a person that is capable of controlling and actually controlling the animal to which it is attached.

LIVESTOCK. Animals kept for use on a farm and includes, but is not limited to, any swine, sheep, goat, horse, cattle, equine or bovine animal.

LOT. A single parcel of land for which a legal description is filed on record or the boundaries of which are shown on a subdivision map or record of survey filed with the Merced County Recorder.

OWNER. Any person, firm or corporation owning, having an interest in or having ownership, control or custody or possession of any animal. In the case of a minor, the parents or guardians of the minor shall be deemed the OWNER.

OWNERSHIP. Any person keeping, harboring, having custody of, or possessing one or more animals.

PERSON. Any individual, firm, partnership, joint venture, corporation, association, trust, club, fraternal society, cooperative or organization.

PERSON RESPONSIBLE FOR AN ANIMAL. Includes:

1. Any person harboring an animal on a constant or continuous basis for one week or more;

2. Any agent of the owner charged with the care of the animal;

3. Any person residing with the owner and present at a time when the owner is absent and the animal commits a violation of this chapter; and

4. Any person voluntarily acknowledging responsibility for the animal.

PET. Any animal kept for pleasure rather than utility.

PET SHOP. Any establishment containing cages or exhibition pens, not part of a kennel or cattery, wherein dogs, cats, birds or other pets for sale are kept or displayed.

PHYSICAL CONTROL. Any animal confined by a leash, chain, rope or lead or within the real property limits of its owner.

POTBELLIED PIG. Purebred pigs which are registered through a potbellied pig registry.

POTENTIALLY FIERCE, DANGEROUS OR VICIOUS DOG. Any of the following:

1. Any dog which, when unprovoked, on two separate occasions within the prior 24-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog;

2. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in the Cal. Food and Agriculture Code § 31604; or

3. Any dog which, when unprovoked, on two separate occasions within the prior 24-month period, has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

PREMISES. Any lot or parcel of land owned, leased or rented by a person.

PUBLIC ENTITY. Any federal, state or public subdivision, municipal corporation or agency thereof.

QUARANTINE. The isolation of an animal in a substantial enclosure so that the animal is not subject to contact with other animals or unauthorized persons.

SANITIZE. To make physically clean and remove and destroy agents.

SERVICE DOG. Any dog trained and used for purposes of fulfilling the particular requirements of a physically disabled person including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items.

SEVERE INJURY. Any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

SIGNAL DOG. Any dog trained and used for the purpose of alerting a deaf person or a person whose hearing is impaired, to intruders or sounds.

STRAY. Any animal not under the control of its owner or the keeper of a “wild animal” species as defined in this section and which is by and large not domesticated, regardless of whether, in a specific case, a particular animal of the species is or is not domesticated. Such animals include, among others:

1. Alligators and crocodiles;

2. Bears (Ursidae);

3. All cats except the commonly accepted domesticated cats, and including cheetah, cougars, leopards, lions, lynx, panthers, mountain lions, tigers, wildcats and the like;

• 4. All dogs except domesticated dogs, including wolf, fox, coyote, dingo and the like;
• 5. Porcupine (Erethizontidae); and
• 6. All raccoons including eastern raccoon, desert raccoon, ringtailed cat and the like.

UNALTERED AND UNSPAYED. A condition that exists in an animal which permits the producing of offspring. A dog or cat that has not been spayed or neutered.

UNLICENSED DOG. Any dog for which no valid license is currently in force and to which the dog license tag provided for in this chapter is not properly attached.

VACCINATION. Inoculation against rabies of any dog or cat, four months of age or older, with any vaccine prescribed for the purpose by the Merced County Health Department and the California Department of Health Services.

VETERINARY HOSPITAL. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries of animals.

VICIOUS ANIMAL or DANGEROUS ANIMAL or FIERCE ANIMAL.

1. Any dog seized under the Cal. Penal Code § 599aa and upon the sustaining of a conviction of the owner or keeper under the Cal. Penal Code § 597.5(a);

2. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; and

3. Any dog previously determined to be and currently listed as a potentially vicious, dangerous or fierce dog which, after its owner or keeper has been notified of this determination, continues the behavior described in this chapter or is maintained in violation of the Cal. Food and Agriculture Code §§ 31641, 31642 or 31643.

WILD ANIMAL. Any wild, exotic, dangerous or venomous animal, including, but not limited to, mammals, fowl, fish or reptiles. WILD ANIMAL also means any of the following:

1. Any animal described in Cal. Fish and Game Code §§ 2116 and 2118;

2. Any animal described in Cal. Fish and Game Code § 2118 (j) and (k);

3. Members of the class Reptilia order Ophidia including, but not limited to, racers, boas, water snakes and pythons over four feet in length;

4. Members of the class Reptilia order Loricata such as, but not limited to, alligators, caymans and crocodiles over three feet in length;

5. Members of the class Reptilia order Sauria, excepting iguanas over three feet in length;

6. Members of:

(a) The class Aves order Falconiformes including, but not limited to, hawks, eagles and vultures; and

(b) Subdivision Ratitae including, but not limited to, ostriches, rheas, cassowaries and emus.

7. Members of the class Mammalia order Carnivore, expressly excepting the domestic dog (Canis familiaris) and the domestic cat (Felis catus), including, but not limited to, the family Felidae such as ocelots, margays, tigers, jaguars, leopards and cougars;

8. Members of the class Mammalia order Carnivore family Canidae such as wolves, dingoes, coyotes and jackals;

9. Members of the class Mammalia order Marsupialia such as kangaroos and opossums;

10. Members of the class Mammalia order Chiroptera such as bats;

11. Members of the class Mammalia order Edentata such as sloths, anteaters and armadillos;

12. Members of the class Mammalia order Proboscidea including elephants;

13. Members of the class Mammalia order Primata including, but not limited to, monkeys, chimpanzees and gorillas and other ungulate including, but not limited to, antelopes, deer and bison;

14. Any nondomestic species when kept, maintained or harbored in such numbers or in such a manner as to constitute the likelihood of danger to animals themselves or human beings or the property of human beings;

15. Any species of animals which are venomous to human beings whether its venom is transmitted by bite, sting, touch or other means;

16. Any hybrid animal which is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the state; and

17. A potentially dangerous animal over which the owner has evidenced a failure to maintain control.

(Ord. 540, passed 4-18-2006)

This chapter establishes regulations regarding animals within the city and for the formation, function and penalties associated with animal control services.

(Ord. 604, passed 4-16-2013)

A schedule of fees for licenses and services provided in accordance with this chapter shall be established by resolution of the City Council.

(Ord. 604, passed 4-16-2013)

(A) Duties. Animal control officers shall be empowered to:

1. Impoundment. Receive, take up and impound:

(a) Any animal found running at large on any highway, street, sidewalk, lane, alley or other public place or upon any private property in violation of this chapter or of any law of the state;

(b) Any animal which, without provocation or direction, is molesting any person;

(c) Any animal which, without provocation or direction, is molesting or harassing animals, birds or pets upon the premises of any person; and

(d) Any animal which the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal and others.

2. Animal care. Regularly and adequately feed, water and otherwise care for all dogs, cats and other animals impounded under the provisions of this chapter, or to provide for such feeding, watering and care. The animal control officer may also take charge of any animal, including dog or cat, that reason of lameness, sickness, feebleness or neglect, is unfit for the labor it is performing, or that in any other manner is being cruelly or inhumanely treated, and provide care and treatment for the animal until, it is deemed to be in a suitable condition to be returned to the owner. The cost of caring for and treating any animal seized under this chapter shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid;

3. Investigations. Investigate the condition and behavior of any animal which he or she has reason to believe is vicious, dangerous or fierce; and

4. Animal destruction. Humanely destroy or give emergency care to sick or injured animals including dogs and cats.

(B) Authority to enter onto private property. The animal control officer shall have the right, and is hereby authorized, to enter onto private property for the purpose of enforcing the provisions of this title. The animal control officer or his or her designee shall be given prompt access to the property upon exhibiting suitable evidence of his or her identity. When entry is not granted after orally requesting such and exhibiting adequate identification, the animal control officer shall obtain an inspection warrant pursuant to Cal. Code of Civil Procedure §§ 1822.50 et seq. An inspection warrant is not required in emergency situations.

(C) Authority to arrest and issue notices to appear. The animal control officer has the authority and duty, under Cal. Penal Code §§ 836.5 and 830.9, to investigate complaints and violations of the provisions of this title and may arrest a person without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has violated this title. In the alternative the animal control officer may issue a citation to any person violating the provisions of this title ordering such person to appear in court to answer such charges.

(D) Warrants not required. The animal control officer may enter onto private property without a warrant in the following situations:

1. When entering is expressly permitted by the property owner;

2. When he or she has probable cause to believe that a rabid, injured, sick abandoned or mistreated animal is present; and

3. When in pursuit of an animal that is unlicensed; has been running at large upon any public property, including any road or highway; or has been trespassing on private property and the owner of such property has requested that such animal be apprehended; when he or she has probable cause to believe that a violation of this title exists in any building or upon the premises.

(E) Equipment to impound and firearms authorization. The animal control officer is authorized to employ the use of a tranquilizer gun and any animal control equipment or devices ordinarily used within the state of animal control or to impound an animal. If in the opinion of the Chief of Police, it is advisable that the animal control officer carry a firearm or other weapon, then the animal control officer shall be entitled to carry such firearm or weapons.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

It shall be the duty of all peace officers to cooperate with and assist the animal control officers in the enforcement of the provisions of this chapter.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

Any person who resists, delays, obstructs or interferes with an animal control officer while said officer is performing his or her duties as an animal control officer shall be guilty of the Cal. Penal Code § 148.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

The animal control officer may assist other animal control officers, other animal control departments, peace officers or public officials within the state when requested to do so when such requests are related to animal control and impoundment.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

Notwithstanding the provisions of this title, the provisions of the California Health And Safety Code, the California Penal Code and the California Code of Regulations relating to animal health, control and care and rabies control shall apply when such provisions are more stringent than those provided for in this title.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Proper care. Humane care and treatment of all animals shall be maintained at all times. Every owner, driver or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square or lot within the city, without proper care and attention is guilty of a misdemeanor.

(B) Food, water and veterinarian care. Every owner shall provide his or her animals with adequate food and water. Every owner or animal keeper shall supply each animal with adequate food and water daily. The food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal as specified by a veterinarian. Proper veterinary care shall be administered when needed to prevent suffering.

(C) Living space requirements. Each animal shall be housed in a proper, clean and sanitary shelter which protects the animal from weather. Every person who keeps an animal in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by a leash, rope or chain, it shall be affixed in such a manner that the animal will not become entangled and has access to food, water and shelter.

(D) Cage, coop and pen requirements. Any and all cages, pens, coops, hutches, yards or spaces used for housing any animal must be at least three times as large in floor space and twice the height as the total size of all live animals kept therein. No animal may be kept in any cage, coop, pen, hutch, yard or space which does not permit the animal to stand in a naturally erect position, except that a veterinarian, a person showing the animal or an animal groomer may temporarily confine an animal in a smaller container for medical, showing or grooming purposes.

(E) Sanitary enclosures. No person shall at any time maintain any lot or other premises, or any portion thereof, whereupon an animal is kept, in an unsanitary condition, or in a condition which attracts flies or other insects or creates noxious or offensive odors.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Physical and emotional abuse.

1. It is unlawful:

(a) To willfully or maliciously kill, maim, disfigure, torture, beat, mutilate, burn, scald, overdrive, physically or emotionally mistreat or otherwise treat cruelly any animal;

(b) To burden the animal with heavy chains or leashes, padlocks or weights around any part of the body of the animal; or

(c) To expose the animal to extreme temperatures.

2. Every parent or legal guardian shall supervise his or her minor child or children to ensure that such child or children do not mistreat any animal.

(B) Care and maintenance. It shall be the duty of any person to provide any animal in his or her charge or custody, as owner or otherwise, with adequate food, drink, care and shelter.

(C) Animals in vehicles. It shall be unlawful to carry or confine any animal in or upon any vehicle in a cruel or inhumane manner, including, but not limited to, carrying or confining such animal without adequate ventilation, or in such a way as to subject the animal to temperatures sufficiently above the ambient air temperature to affect the animal’s health and welfare. Any animal found in violation of this section may be impounded for the safety and protection of the animal and the public by the animal control officer. In the event any animal is so confined, authority is given to the animal control officer or any other enforcing authority, to release the animal without any resulting liability to the city or the enforcing authority for the resulting damages.

(D) Abandonment of animals. It shall be unlawful for any person to abandon any animal within the city. ABANDONMENT includes neglect, whether intentional or otherwise, whereby an animal becomes a stray.

(E) Animal poisoning. Except as otherwise provided herein for the destruction of animals, it shall be unlawful to make accessible to any animal, with intent to cause harm or death, any substance which has in any manner been treated or prepared with any harmful or poisonous substance. This provision shall not be interpreted so as to prohibit the use of poisonous substances for the control of vermin in furtherance of the public health when applied in such a manner as to reasonably prohibit access to other animals.

(F) Injury to animals by motorists.

1. Aid. Every operator of a vehicle upon the streets of the jurisdiction shall immediately upon injuring, striking, maiming or running down any domestic animal give such aid as can reasonably be rendered. In the absence of the owner, he or she shall immediately notify the City Police Department, furnishing requested facts relative to such injury.

2. Remaining at scene.

(a) It shall be the duty of such operator to remain at or near the scene until such time as the appropriate authorities arrive, and upon the arrival of such authorities, the operator shall immediately identify himself or herself to such authorities.

(b) Alternatively, in the absence of the owner, a person may give aid by taking the animal to the animal control facility or other appropriate facility and notifying the City Police Department. Such animal may be taken in by the animal control facility and dealt with as deemed appropriate under the circumstances.

3. Emergency vehicles. Emergency vehicles are exempted from the requirements of this provision.

4. Violation. Violation of this section is an infraction. Each such act or repetition thereof shall constitute a separate violation.

(G) Animals for fighting. It shall be unlawful to raise, train, keep or use any animal, fowl or bird for the purpose of fighting or baiting; and for any person to be a party to or be present as a spectator at any such fighting or baiting of any animal or fowl; to knowingly rent any building, shed, room, yard, ground or premises for any such purposes as aforesaid, or to knowingly suffer or permit the use of his or her buildings, sheds, rooms, yards, grounds or premises for the purposes aforesaid.

(H) Killing of birds. It shall be unlawful to kill any bird(s), or to rob or destroy any nest, egg or young of any bird in violation of the laws of the state.

(I) Malicious impounding. It shall be unlawful for anyone not authorized by the city to hide or impound the animal of another person.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

The animal control officer may remove any animal or fowl from any place, dwelling, lot, house or parcel if he or she finds that the animal is not being cared for in a proper and humane manner.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Single-family dwellings.

1. No more than a combination of a maximum of three dogs and cats; two rabbits; three domestic birds or fowl, guinea pigs or any other rodent species; and, no more than two snakes or other similar animals are permitted.

2. Notwithstanding the foregoing, no more than five animals are permitted for each single-family residence.

(B) Multiple-family dwellings.

1. For multiple-family residences, including mobilehomes in mobilehome parks, no more than one dog, one rabbit, two cats, two domestic birds, two guinea pigs or other rodents, two snakes or other reptiles are permitted.

2. The total number of animals in one multiple-family residence may not exceed four animals.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Sale or gift of animals. No person under the age of 18 shall place any dog, cat, puppy, or kitten on public display for the purpose of sale, offer for sale, barter, or give away upon any street, sidewalk, parking lot, shopping center walkway, or other public place. No transfer shall be made to any person under the age of 18.

(B) Sale of animals for experimentation. Neither the animal control officer nor any employee thereof shall knowingly sell or give any impounded animal to any person, firm, corporation, association or school for the purpose of animal experimentation.

(C) Rabbits or fowl. Rabbits or fowl under two months of age shall not be sold if artificially dyed or colored. Nothing in this provision shall be construed or prohibit the raising of such rabbits and fowl by a private individual for his or her personal use and consumption, provided that he or she shall maintain proper brooders and other facilities for the care and containment of such animals while they are in his or her possession.

(D) Premiums and novelties. It shall be unlawful for any person to offer as a premium, prize, award, novelty or incentive to purchase merchandise, any live animal.

(E) Pet turtles. It shall be unlawful for any pet shop to raise or sell any Pseudemys scripta elegans, or P. Troostii family Testudinidae, “pet turtles”.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Ownership or possession. It shall be unlawful for any person to own, possess or maintain the custody, charge or control of any wild, exotic, dangerous or nondomestic or venomous reptile or any animal known by such person to be dangerous or wild as regulated by Cal. Code of Regulations, Title 14, § 671 as such animals are defined in Cal. Fish and Game Code Article 1 of Chapter 2 of Division 3.

(B) Sale prohibited. It shall be unlawful to sell, offer for sale, barter, give away, keep or purchase any “wild animal”, exotic animal or dangerous animal as defined herein or any animal which is wild, fierce, dangerous, noxious or naturally inclined to do harm, except the animal shelter, a zoological park, veterinary hospital, humane society shelter, public laboratory, circus, sideshow, amusement show or facility for education or scientific purposes may keep such an animal if protective devices adequate to prevent such animal from escaping or injuring the public are provided.

(C) Protected species. It shall be unlawful to keep an animal of a species prohibited or protected by C.F.R. Title 50 or by the California Endangered Species Act, being Cal. Fish and Game Code, Division 3, Chapter 1.5, §§2050 et seq.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

Statutory reference:

Similar provisions, see Cal. Fish and Game Code §§ 2050 et seq. and 2116 et seq.

It is unlawful for any person, party, firm or corporation to keep, possess, harbor or maintain within the city limits any of the following animals:

(A) Dogs. Any dog for which a license has not been obtained for that year, excepting those which are currently licensed by other public entities which also require effective rabies vaccinations, and which will be kept within the city for a period not exceeding seven days;

(B) Fowl. Any larger domestic fowl including roosters, chickens, geese, pigeons, ducks, turkeys, guinea fowl, peafowl, peacocks, game birds or other domestic fowl or fowl intended for human consumption or for the production of eggs, except this prohibition shall not apply to:

1. A place of business of any commercial business duly licensed by the city to process domestic fowl;

2. Licensed veterinary hospital, animal clinic, animal shelter or exhibition area maintained by any public authority for which a permit has been first obtained for the keeping of the animals from the city; and

3. Domestic birds including budgies, canaries, cardinals, cockatiels, cockatoos, doves, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots, sparrows, toucans and weavers.

(C) Pigs and hogs. Any hog, swine or pig, including potbellied pig;

(D) Other animals. Any other animals including:

1. Any stand or hive of bees;

2. Any rabbit, except the raising of a maximum of five rabbits may be allowed as part of a recognized 4-H or Future Farmers of America project. Such exception may be granted in the following manner:

(a) Persons requesting the exception must file a formal application with the city stating the location of the project, the number of animals in the project and length of the project. Said application must be signed by the authorized 4-H or Future Farmers of America (FFA) group leader prior to approval by the city;

(b) During the term of the project, the animal control officer or his or her designee has the right to inspect the project location at reasonable intervals and at reasonable times to ensure the project meets all of the requirements of this section; and

(c) During the term of the project, the project animal and location surrounding the project will be kept clean and free from odor, insects and other objectionable materials which could constitute a public nuisance.

(E) Exceptions.

1. Animals brought into the city for any regularly scheduled authorized parade or public exhibition, but only for the time reasonably required for the parade or exhibition; and

2. Animals located on property owned by Merced Union High School District as part of an animal education program offered by the school district or animal program affiliated with the school district.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

The keeping of livestock including any horse, mule, ass, goat, sheep, hog, bull, ox, cow or other livestock is prohibited within the city limits of the city, unless the provisions of subsections (B) and (C) of this section apply:

(A) Annexed areas. As to areas which have been annexed to the city, the then current owners of properties so annexed, but not their successors in interest, shall be permitted to keep any livestock held as of the date of such annexation, but shall not be permitted to increase the number of livestock held as of the date of annexation;

(B) Zoning. The property is not located in any residential, commercial or industrial zone within the city;

(C) Minimum lot size. The animal is located on property owned by the animal owner and is a minimum of five acres;

(D) Maximum number of animals. A maximum of two animals per acre of land is provided, excluding homes, shops, hay/grain storage area and the like; and

(E) Exceptions.

1. Animals brought into the city for any regularly scheduled authorized parade or public exhibition, but only for the time reasonably required for the parade or exhibition; and

2. Animals located on property owned by Merced Union High School District as part of an animal education program offered by the school district or animal program affiliated with the school district.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

The slaughter of any animal is prohibited within the city limits except under the following conditions:

(A) Zoning. The property is not located in any residential or commercial zone within the city;

(B) Minimum lot size. The animal is located on property owned by the animal owner and is a minimum of five acres; and

(C) Qualifications. The animal is slaughtered by a licensed professional or the property owner.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Dead animal removal. The animal control officer shall remove and dispose of all dead animals found on any street or other public place.

(B) Dead animal notification. It shall be the duty of every owner of any animal found dead within the city to immediately notify the city’s Police Department of the location of such animal, so that the same may be removed as speedily as possible. It shall be unlawful for any person knowingly to permit any dead animal to remain upon the premises of such person, or for the owner of any dead animal knowingly to permit the same to remain upon any public street or other public property or upon any premises within the city, for more than three hours without notifying the Police Department of the location of the same. If the owner of such dead animal does not remove it himself or herself or cause it to be properly removed, the city may cause it to be removed and thereupon assess the costs of such against the owner, and may avail itself of all remedies in law and equity to enforce such removal and recover the costs thereof.

(C) Voluntary release of dead animal. Any owner of a dead animal who voluntarily releases such animal to the animal control officer shall be subject to a disposal fee; or if a dead animal is taken into custody by the animal control officer and the ownership can be determined, the owner shall be responsible for disposal fees.

(D) Violation. Any person violating the provisions of this section either by failing to do those acts required herein or by doing any act prohibited herein, shall be guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

No owner of any live animal shall abandon it upon any public or private place or premises.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

No person, except a society incorporated within the state for the primary purpose of preventing cruelty to animals, shall harbor any lost or strayed dog, cat or other animal. Whenever any such animal shall be found which appears to be lost, stray or feral, the person finding it shall notify an animal control officer within 36 hours so that the animal may be impounded. Retaining a stray animal after notifying an animal control officer shall not constitute a violation of this section.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

It is unlawful and a public nuisance for any owner, keeper or walker of any animal to permit such animal to discharge excreta upon any public or private property, other than the property of the owner of such animal, within the city if such owner, keeper or walker does not immediately thereafter remove and clean up such animal’s excreta from the public or private property.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Declaration. The following animals are hereby declared to be nuisances:

1. An animal causing significant damage to the property of a person other than its owner;

2. A fierce, dangerous or vicious animal which, in the opinion of the enforcing animal control officer, cannot be restrained so as to remove all substantial risk of personal injury or substantial property damage;

3. An animal which causes unreasonable fouling of the air by odors;

4. An animal which causes seriously unsanitary conditions in enclosures or surroundings;

5. A dog, cat or animal of similar or greater size which urinates or defecates on any public sidewalk, park or building, or on any private property without the consent of the owner of such private property, unless the owner of or person responsible for such animal shall immediately and properly dispose of the defecation;

6. An animal or combination of animals which bark, whine, howl, cry or makes other loud and disturbing noises in an excessive and continuous manner for at least ten minutes, or in an untimely fashion as to disturb the peace and quiet of the neighbors surrounding or in the vicinity of such premises, or whose barking whining, howling, crying or other sound or cry interferes with any person of ordinary sensitivity in a reasonable comfortable enjoyment of life and property;

7. An animal which attacks or molests pedestrians or chases passing vehicles;

8. An animal which habitually or frequently attacks persons or other domestic animals;

9. A “wild animal” as defined in this chapter, if said wild animal is kept or harbored in an area of the city zoned for residential use;

10. An animal that damages public or private property;

11. An animal which is determined by the city’s Police Department or County Health Department to be a public nuisance by virtue of being offensive or dangerous to the public health, welfare, or safety;

12. Public nuisances defined in Cal. Penal Code § 370; and

13. The possession or maintenance of any dog, cat or other animal or the allowing of any dog, cat or other animal to be in violation of this chapter, in addition to a violation of this chapter, is hereby declared to be a public nuisance. The animal control officer or any city peace officer is hereby directed and empowered to summarily abate any such public nuisance independent of any criminal prosecution or the results thereof, by any means reasonably necessary to accomplish said abatement including, but not limited to, issuing of citations, issuing of administrative citations pursuant to Title 1, Chapter 18 of this code and this chapter, the destruction of the dog, cat or other animal involved, or by the imposition of specific reasonable conditions and restrictions for the maintenance of such dog or cat. Failure to comply with such conditions and restrictions is a misdemeanor. The owner or keeper of such dog or cat shall reimburse the city for all costs incurred in enforcing compliance with the provisions of this section. The city, by and through the Police Department, may also commence appropriate proceedings in a court of competent jurisdiction as are appropriate under the laws and regulations of the state for the abatement and redress of public nuisances.

(B) Abatement. In the case of a fierce, dangerous or vicious animal described in subsection (A)2. of this section, an animal control officer may follow the procedures outlined in § 10-3-46 of this chapter. In all other cases described in subsection (A) of this section, the animal is subject to immediate impoundment, and to license revocation or suspension.

(C) Violation. The owner of or person responsible for an animal committing any of the acts named in subsection (A) of this section is guilty of an infraction, unless the violation results in an administrative citation, or unless otherwise stated in this chapter.

(D) Strict liability. The owner or person responsible for an animal declared to be a public nuisance shall be strictly liable for any personal injury or damage caused by such animal.

(E) Administrative citation fine schedule. Any administrative citations issued for violations of this chapter shall be issued pursuant to the following fine schedule:

1. A fine not exceeding $50 per day for a first violation;

2. A fine not exceeding $100 per day for a second violation of the same code provision or permit under this chapter within the previous 12 months; and

3. A fine not exceeding $200 per day for each additional violation of the same code provision or permit under this chapter within the previous 12 months.

(Ord. 604, passed 4-16-2013)

(A) Prohibition. No person owning or having the care, custody, control or possession of any animal shall allow or permit such animal to run, be or remain at large within the corporate limits of the city upon any public street, alley, park, school or other public place or upon any private property without the consent of the owner of such property. Such animal shall be presumed to be running at large within the meaning of this section unless:

1. If on the animal owner’s or custodian’s property, effectively restrained within a cage, pen or other suitable enclosure, or effectively tied and restrained by chain, strip or chord attached around such animal’s neck or to the animal’s collar or other device worn by the animal and held by a responsible person or fastened on such owner’s or custodian’s property in such a manner as will not permit such animal to reach the front sidewalk, the side or rear lot line or the rear alley of such owner’s or custodian’s property;

2. If not on the animal owner’s or custodian’s property, effectively tied and restrained by chain, strap or chord, eight feet or less in length, attached around such animal’s neck or to the animal’s collar or other device worn by the animal and held by a responsible person. Any such restraining device shall be of sufficient strength as to prevent being broken; and

3. Effectively restrained within an automobile or any other vehicle. No dog, except a dog assisting a peace officer engaged in law enforcement duties, or any other animal shall be transported on any public thoroughfare in any vehicle unless such animal is totally enclosed within such vehicle, or within a secured container carried upon such vehicle, or securely cross tethered to such vehicle in such a way as to prevent falling out of such vehicle and to prevent injury to the animal or others.

(B) Owner liability.

1. A person who owns or is in charge of, controls or who possesses a dog or other animal who permits, allows or causes the dog or other animal to run, stray, be uncontrolled, or in any manner be in, upon, or at large, upon a public street, sidewalk, park or public property, or upon the premises or private property of another person shall be guilty of a misdemeanor if such dog or other animal bites, attacks or causes injury to any human being or other animal.

2. Any person convicted pursuant to this section shall not own, possess, control or be in charge of any animal of the type which caused the bite, attack or injury for a period of three years after the date of conviction. The city shall not issue or renew any license or permit for such type of animal for the person so convicted.

(C) Citizen assistance. In the interest of public safety, it shall be lawful for any person to take up, in a humane manner, any dog, cat or other animal running at large in violation of this chapter and promptly deliver it to the animal control officer.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

Dogs and other domestic animals shall not be permitted to run at large in any mobilehome park.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

It shall be unlawful for any person who owns, harbors or keeps any unspayed or unaltered cat four months of age or older within the city to allow or permit such unspayed or unaltered cat to be or remain outdoors.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

The animal control officer may seize and impound every dog or other animal found running at large or found to be in violation of this chapter. Animals seized will be impounded at the animal shelter.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

Any owner of or person responsible for any female dog or cat in heat, in addition to restraining such animal shall cause such dog or cat to be constantly confined in a building so as to prevent it from attracting by scent or coming into contact with other dogs or cats, unless the owner of such dog or cat thereafter finds responsible owners for any resulting litter.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) The owner of or person responsible for a dog shall restrain said dog either by suitable leash, rope, impenetrable wall, fence or other barrier, or by constant supervision, such that the animal is prevented from leaving the owner’s or responsible person’s property or supervision.

(B) No owner or keeper of an animal, whether licensed, or unlicensed, even though not at large, shall allow or permit such animal to be in or upon any private place or premises other than those of the owner or keeper, except with consent of the person in charge of the private place or premises.

(C) The owner of an animal not restrained as provided in this section shall be strictly liable for any damage caused by such animal.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) No owner or person responsible for a dog shall take or permit such dog, whether loose or on a leash or in arms, in or about:

1. Any establishment or place of business where food or food products are sold or displayed, including, but not limited to, restaurants, grocery stores, meat markets, and fruit or vegetable stores;

2. Any place of worship during public services; or

3. In any public school building while school is in session, except for purposes of instruction when authorized by a teacher at said school directly involved in such instruction.

(B) This section shall not apply to police dogs or dogs specially trained for and actually assisting a deaf, blind or disabled person.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

No person in the city shall offer for sale or sell or give away or transfer for adoption any cat, kitten, dog, puppy or any other animal on any public street, public sidewalk or public park.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by any government police agency or private patrol service in the performance of the functions and duties of such department, or interfere with or meddle with any such dog while being used by said department or any member thereof in the performance of any functions or duties of said department or such officer or member.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Impoundable animals. The following animals may be impounded by the animal control officer:

1. Any animal being kept, maintained or harbored contrary to the provisions of this chapter;

2. Any sick or injured animals found in a public place and whose owner cannot be located;

3. Any stray or abandoned animal;

4. Any animal which is not vaccinated for rabies in accordance with the requirements of this chapter;

5. Any animal being abused, cruelly or inhumanely treated as defined in this chapter;

6. Any animal found in the act of killing, wounding or persistently pursuing livestock or fowl on land or premises which are not owned or possessed by the owner of the animal; and

7. Any animal at the owner’s expense while the owner or keeper is improving the enclosure so that the animal can be kept confined to its property.

(B) Care of impounded animals. The animal control officer shall ensure that all animals impounded are provided with adequate food and water, and are treated in a humane and proper manner.

(C) Records to be kept.

1. The city’s Police Department shall keep accurate records which shall include:

(a) A complete description of the animal, including any tag numbers;

(b) The date the animal was taken up, medically treated, euthanized or impounded;

(c) The location and circumstances that the animal was taken up, medically treated, euthanized or impounded;

(d) The names of the personnel who took up, medically treated, euthanized or impounded the animal;

(e) A description of the personnel who took up, medically treated, euthanized or impounded the animal;

(f) The manner, date of disposal and final disposition of the animal, including the name of the person who euthanized the animal or the name and address of the adopting party;

(g) The name and address of the redeemer or purchaser;

(h) The name and address of any person relinquishing an animal to the impound facility;

(i) All fees received; and

(j) All expenses accrued during impoundment.

2. In accordance with state law, these records shall be maintained for three years after the date the animal’s impoundment ends.

(D) Disposition of animals.

1. Transfer to facility. All impounded animals shall be promptly transferred to the county animal shelter.

2. Minimum stay. Animals shall be impounded for a minimum of three days (not including the day of impoundment), before further disposition, except as otherwise provided herein. Reasonable effort shall be made to notify the owner of any animal wearing a license or other identification during that time. Any animal relinquished by the purported owner shall be held for two full business days, not including the day of impoundment. The animal shall be available for owner redemption for the first day, not including the day of impoundment, and shall be available for owner redemption or adoption as provided in this section for the second day. Any rabbit, guinea pig, hamster, bird, lizard, snake, turtle or tortoise legally allowed as personal property impounded in a public or private shelter shall be held for the same period of time as provided for in this subsection (D).

3. Further disposition. All dogs, cats or other animals except for those required to be quarantined or confined, which have been held longer than the minimum impound period, and all dogs, cats or other animals voluntarily relinquished to the animal shelter may be destroyed or sold as the city’s Police Chief may direct. Upon destruction of an animal, the owner or person responsible for the animal shall pay the animal destruction fee set by resolution of the City Council. Bovine livestock such as horses, mules or burros shall be turned over to the Bureau of Livestock for identification by that office. Any other livestock shall be disposed of in accordance with the provisions of the Cal. Food and Agriculture Code §§ 17063 to 17095.

4. Sale and adoption. Any healthy dog, cat or other animal not redeemed by the owner or keeper after three days (not including the day of impoundment), may be sold at auction or to any responsible person desiring to purchase such animal for a price to be determined by an animal control officer but not to exceed $100 per animal, plus license fees, veterinary charges, spay or neuter charges and rabies vaccination charges, if required. No person shall be permitted to adopt or purchase any dog or cat which has not been spayed or neutered, from any public pound, any animal shelter, society or organization.

5. Veterinary services. Any licensed animal impounded and having or suspected of having a serious physical injury or contagious disease requiring veterinary attention, may, in the discretion of the city’s Police Chief, be released to the care of a veterinarian with the consent of the owner or keeper. Upon release from veterinary treatment, such animal shall return to impoundment, unless redeemed or purchased. If the animal requires veterinary care and the city is not assured, within 14 days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the city in accordance with this chapter. The owner shall be responsible for the costs of treatment of a veterinarian regardless of whether it is redeemed by him or her or not.

6. Emergency animal destruction.

(a) When, in the judgment of the city’s animal control officer, police officer, Police Chief or Police Chief’s designee, it is determined that an animal should be destroyed where the animal is too severely injured to move, is incurably crippled, or is suffering from any incurable, dangerous or contagious disease; or is an unlicensed vicious, dangerous or fierce animal; or for any other humane reason; or to protect the public from imminent danger to persons or property, such animal may be destroyed without regard to any time limitations otherwise established herein, and without court order.

(b) A veterinarian also may immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent.

(E) Redemption. The owner of any impounded animal or his or her authorized representative may redeem such animal before disposition provided he or she pays:

• 1. The pick-up fee to city;
• 2. The daily boarding fee charged by the facility having charge of the animal;
• 3. Redemption fee to the city;

4. Any veterinary costs incurred during the impound period, including a reasonable fee for any required rabies vaccination;

5. Cost of rabies vaccination, if required;

6. License fee, if a license is required; and

7. Actual cost of any extraordinary measures required in or for the handling and maintenance of the animal while impounded. A person convicted of a violation of this chapter shall be personally liable to the city for all costs of impoundment from the time of seizure to the time of proper disposition.

(F) Redemption fees. No animal shall be released until redemption fees, costs of care and feeding, veterinary fees incurred, if any, and any fees and penalties provided by this title have been paid. Redemption fees shall be established from time to time by the City Council. In addition to redemption fees provided for during regular business hours, the owner of any animal which was impounded as a result of an after business hours call to the animal control officer shall be an additional fee, as established by the City Council by resolution, for the service of impounding the animal after regular business hours.

(G) Redemption exceptions. The animal control officer, at his or her discretion may refuse to permit the redemption of any animal impounded pursuant to the provisions of this chapter, or any other county, state or municipal law, until the need for retention of such animal no longer exists. The cost of continued retention shall be borne by the owner.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

When any animal is seized, and its ownership is known to the animal control officer, such animal need not be impounded. Instead, the animal control officer may return the animal to its rightful owner and may cite the owner of the animal to appear in court to answer charges of violations of the provisions of this chapter.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Voluntary surrender permitted. Upon request, an owner may surrender an animal to the animal control officer for adoption placement. Any animal which is voluntarily surrendered to or deposited with the animal control officer by the owner shall immediately thereafter become property of the city. It shall be understood that no guarantee of placement will be made, and humane disposal will be a discretionary option of the animal control officer.

(B) Required fees. Any owner of an animal who voluntarily surrenders an animal to the animal control officer shall be subject to a fee for each animal. Litters of unweaned animals or animals less than four months of age shall be considered as one animal. The surrender of an animal by an owner to the animal control officer, subsequent to impoundment due to a violation of this or any provisions of state law, shall not relieve the owner of the obligation to pay all fees and charges set forth in this chapter prior to such surrender, including accumulated boarding charges, veterinary charges or any other charges related to the impounding and keeping of the animal.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

No person shall remove any animal from the custody of the animal control officer or from the animal shelter without permission from the animal control officer.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) License and fee required. Every person owning, possessing, keeping, harboring or having custody of any dog over four months old shall obtain a license for each dog and appropriate fees shall be paid. Fees and charges shall be established from time to time by resolution by the City Council.

(B) License and fees due date. All fees shall be paid within 30 days after the dog is four months old, or within 30 days after acquisition of the dog, or within 30 days of moving into the city.

(C) Exemptions.

1. The preceding subsections of this section shall not apply to:

(a) Dogs whose owners have been present in the city for 30 days or less, but only so long as said dogs remain in the care and custody of a responsible person;

(b) Dogs which are held for sale as the inventory of or patients in a properly licensed kennel, pet store, dog dealer, or veterinary hospital or clinic;

(c) Guide dogs properly trained to assist blind persons if such dogs are actually being used by blind persons to assist them in moving from place to place;

(d) Signal dogs properly trained to assist deaf persons if such dogs are actually used by deaf persons to aid them in responding to sounds;

(e) Service dogs trained to assist in fulfilling the particular requirements of a physically disabled person including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items; and

(f) Dogs especially trained to assist officials or government agencies in performance of their duties and which are owned by such agencies.

2. Nothing in this subsection (C) shall be considered so as to exempt any dog from having a current rabies vaccination.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

The city shall issue a license for a dog located in the city upon satisfaction of the following conditions.

(A) Application. The owner of the dog to be licensed completes an application prepared by the city. The application may include, but not be limited to, the name and address of the owner; address where the dog is kept; name, breed, age, sex, color and description of the animal; and current rabies vaccination certificate issued by a licensed veterinarian.

(B) Fee. The owner of the dog to be licensed pays the fee required for a license, which fee shall be set by resolution of the City Council.

(C) Rabies vaccination. Satisfactory proof is provided that the dog has been effectively vaccinated for rabies.

1. Vaccination records. Each veterinarian after vaccinating any dog shall sign a certificate of vaccination in duplicate in the form required by the Police Chief. The veterinarian shall keep one copy and shall give one copy to the owner of the vaccinated dog and the owner shall retain such copy in his or her possession.

2. Vaccination exception.

(a) In the event that a dog has a short term illness, is pregnant or suffers from a long term debilitating illness which in the opinion of a veterinarian contradicts vaccination for rabies, such dog shall not be required to undergo vaccination during the period of such illness or pregnancy where a request for vaccination deferral has been approved by the animal control officer and the Police Chief. Such request shall specify the duration of the requested deferral, and shall be signed by a veterinarian.

(b) The animal control officer shall issue a license for such dog upon approval of the request for vaccination deferral and payment for the application license fee determined by resolution of the City Council. The owner or person having custody of such dog shall confine and shall keep such dog confined, for the duration of the deferral. Within 14 days after the expiration of the deferral, the owner or person having custody of such dog shall present the animal control officer or the Police Chief’s designee a certificate of vaccination in accordance with the provisions of this section.

(D) Certificate and tag. Upon issuing a license, the city shall give to the owner of the licensed dog a certificate and tag evidencing issuance of the license and showing for reference the number of the license. A license shall be valid for the period determined by the city’s Police Department and indicated on the license certificate. The Police Department may upon request of the owner or custodian of such dog backdate such license so that its expiration date occurs concurrently with or prior to the expiration date of the vaccination; provided however, that where such backdating is performed, there shall be no reduction or discount of the license fee applicable to the license applied for, and such license shall be renewed within 30 days after its expiration.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

Every owner or keeper of a licensed dog shall at all times cause the dog to wear the license tag on a collar or other means of attaching the tag to the dog. Violation of this section is an infraction. The animal control officer may presume that a dog not wearing a license tag is unlicensed.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

It is unlawful for any person to attach a license tag to the collar of any dog except the dog which is described in the application for license.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

If the dog license tag is lost or destroyed, a duplicate tag shall be obtained from the Police Department within seven days, upon paying a fee in the amount specified by resolution of the City Council and either surrendering the receipt for the lost tag or certifying under penalty of perjury that a tag was obtained and that the receipt cannot be found.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

It shall be unlawful for any person to make use of a stolen, counterfeit or unauthorized license, tag, certificate or any other document or thing for the purpose of evading the provisions of this chapter.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

Upon request of the animal control officer, police officer or other authorized city representative, any owner or keeper of a dog for which a license is required under the provisions of this chapter shall present a currently valid certificate of rabies vaccination, or license tag.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

Upon transfer of ownership of any dog validly licensed under this chapter, the new owner shall fill out an application as required in this chapter and submit it to the Police Department accompanied by a license transfer fee as set by the City Council by resolution. The transfer, sale or destruction and the new location of a dog with a “fierce, dangerous or vicious designation” or “potentially vicious, dangerous or fierce designation” shall be reported in writing pursuant to Cal. Food and Agriculture Code § 31643.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Rabies reports. Rabies is declared to be a reportable disease. Every veterinarian practicing in this city and every person providing professional medical treatment for animal bites and scratches by an animal of a species subject to rabies shall immediately notify the Police Department within the proper jurisdiction.

(B) Rabies immunization certificates. Every veterinarian, practicing within this city or having vaccinated animals residing within the city limits, shall provide the city with a copy of every rabies immunization certificate which he or she issues for all animals immunized within the jurisdiction of such.

(C) Reporting bites and scratches. Any person having been bitten or scratched or having knowledge of any individual or animal having been bitten or scratched by an animal of a species subject to rabies shall report the occurrence of the bite immediately to the Police Department or an animal control officer. If the bite victim is a minor or is otherwise incapable for making such a report, the parent or guardian of the minor, or owner of the animal shall immediately report the incident.

(D) Vaccination required. The owner of or person responsible for a dog or cat four months old or older shall have said animal vaccinated against rabies within 30 days after it reaches said age or is acquired by its owner or moved into the city. Any person harboring any such animal shall be responsible for said vaccination. A vaccinated animal must be revaccinated against rabies at least every 24 months. This section shall not apply to veterinarian, grooming salons or kennel operators temporarily maintaining on their premises animals owned by others, or to an animal in the city for a period of 30 days or less, provided such animal is restrained and supervised as required by this chapter.

(E) Rabies certificate.

1. When vaccinating any animal for rabies, the veterinarian shall complete a certificate of rabies vaccination (in duplicate) which includes, but is not limited to, the following information:

(a) Owner’s name and address;

(b) Description of animal (breed, sex, markings, age, name);

(c) Date of vaccination;

(d) Type of rabies vaccine administered; and

(e) Manufacturer’s serial number of vaccine.

2. A copy of the certificate shall be distributed to the veterinarian and the original retained by the owner. The veterinarian and owner shall retain copies of the certificate for the interval between vaccinations specified in this section.

(F) Reporting and confinement. An animal that has rabies or shows signs of having rabies, and every animal bitten by another animal showing symptoms of rabies or that has been exposed to rabies shall be reported by the owner to the Police Department or animal control officer and shall immediately be confined in a secure place by the animal control officer. A guide dog serving a blind master shall be quarantined only in the event that the owner is incapable of keeping the dog confined to the owner’s premises, or in the event that the animal poses a serious threat to health and safety.

(G) Killing of suspected rabid animals. No person shall kill or cause to be killed any rabid animal, unless in self-defense. If it becomes necessary to destroy the animal, the animal control officer shall see that the animal is euthanized in the most humane manner possible.

(H) Rabies control. If it shall appear to the animal control officer that any animal has rabies, the animal control officer may destroy such animal forthwith, or may hold such animal for further examination or observation for such time as the animal control officer may determine to be appropriate.

(I) Quarantine. Any animal of a species susceptible to rabies that bites a person or animal or is suspected of having rabies may be seized and quarantined for observation for a period of not less than ten days by an animal control officer. The owner of the animal shall bear the cost of confinement. An animal shelter authorized by the city shall be the normal place of quarantine, but other arrangements, including confinement by the owner, may be made by the City Police Department if the animal had a current rabies vaccination at the time the bite was inflicted or if there are other special circumstances justifying an exception. A person who has custody of an animal under quarantine shall immediately notify the City Police Department if the animal shows any signs of sickness or abnormal behavior, or if the animal escapes confinement. It shall be unlawful for any person who has custody of a quarantined animal to fail or refuse to allow an animal control officer to make an inspection or examination during the period of quarantine. If the animal dies within ten days from the date of the bite, the person having custody shall immediately notify the Police Department or city designated laboratory to be examined for rabies. If, at the end of the ten-day period, the animal control officer examines the animal and finds no signs of rabies, the animal may be released to the owner or in the case of a stray, it shall be disposed of as provided in this chapter. Animals quarantined pursuant to this section shall remain under quarantine until notice is given the animal control officer that such quarantine is terminated.

(J) Animals dying while under isolation. The intact body or portion thereof, as specified by the Merced County Health Department laboratory or other laboratory designated by the city, shall be submitted in the manner prescribed by the laboratory for examination for rabies.

(K) Rabies epidemic. Whenever the Police Chief shall determine that an epidemic of rabies exists or is threatened, the Police Chief shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including, but not limited to, the declaration of quarantine against any or all animals in any area of the city as the Police Chief may determine and define, for a period of not more than 120 days. An additional or extended quarantine period may also be declared if such additional or extended quarantine period shall be deemed necessary by the Police Chief for the protection and preservation of the public health, peace and safety. Any quarantine declared pursuant to this subsection (K), other than as restricted herein, shall be upon such conditions as the Police Chief may determine and declare.

(L) Quarantine signs. The animal control officer may, in his or her discretion, post or cause to be posted an appropriate sign on any premises where an animal is quarantined pursuant to this chapter, for the purpose of warning the public of the fact of such quarantine. It shall be unlawful for any person to remove a sign on any premises where an animal is quarantined pursuant to this chapter, for the purpose of warning the public of the fact of such quarantine. It shall be unlawful for any person to remove a sign posted pursuant to this subsection (L) without the permission of the animal control officer or Police Department.

(M) Unvaccinated bitten or exposed animals. If an animal is not vaccinated against rabies but of a species subject to rabies is known to have been bitten or exposed by a known rabid animal, then said bitten or exposed animal shall be immediately destroyed.

(N) Skunks. In order to protect the public health from the hazard of rabies which has been found to exist in skunks, a quarantine is hereby imposed to continue until released by the Police Chief, whereby it is prohibited to trap or capture skunks for pets; to trap, capture or hold skunks in captivity for any reason; to transport skunks from or into the city except pursuant to a permit issued by the California Department of Health Services pursuant to the Cal. Code of Regulations Title 17, § 2606.8.

(O) Vaccinated bitten animals, or exposed animals. If the bitten or exposed animal has been vaccinated, the animal shall be revaccinated within 24 hours and quarantined for a period of 30 days following revaccination; or if the animal is not revaccinated within 24 hours, the animal shall be isolated and quarantined under veterinary supervision for six months, the animal shall be destroyed if the owner does not comply with this subsection (O).

(P) Removal of animal. It shall be unlawful for any person to remove or release any quarantined or confined animal from quarantine or confinement without written permission of the City Police Department.

(Q) Violation. Violation of any subsection of this section is a misdemeanor.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Prohibited. No owner of or person responsible for a dog shall permit such dog to attack, chase or harass any person, or any domestic animal having a commercial value, such that injury occurs or, in the case of a person, substantial fear of a significant injury is caused.

(B) Physicians to report animal bite cases. All cases of animal bites treated by any physician shall be reported by the physician to the animal control officer or Police Department. The report shall contain the name and address of the person bitten; the time and place where such person was bitten; and the name and address of the owner of the biting animal, if known; and any other pertinent information requested by the animal control officer or police officer.

(C) Violation. The violation of subsection (A) of this section shall be a misdemeanor according to the state statutes, and the owner of and/or person responsible for such a dog shall be strictly liable for any injury or damage caused by such dog.

(D) Mitigation. The following shall be considered in mitigating the penalties or damages or in dismissing the charge:

1. The dog was properly confined on the premises; and

2. The dog was deliberately or maliciously provoked.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Definition. The definition of a vicious, dangerous or fierce animal is contained in § 10-3-1 of this chapter. No animal shall be declared vicious, dangerous or fierce if:

1. It is owned by a public entity or a governmental or law enforcement unit used primarily to guard public or private property; and

2. The threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the animal, or was teasing, tormenting, abusing or assaulting the animal or has in the past, been observed or reported to have teased, tormented, abused or assaulted the animal, or was committing or attempting to commit a crime.

(B) Confinement on premises. No person owning or harboring or having the care of a fierce, dangerous or vicious animal shall suffer or permit such animal to go unconfined on the premises of such person. A fierce, dangerous or vicious animal is “unconfined” as the term is used in this section if such animal is not securely confined indoors, or confined in a securely enclosed and locked pen or structure upon the premises of the registered owner or caretaker of the animal. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground no less than two feet. An animal that is securely and humanely locked in a motor vehicle belonging to the owner or caretaker shall be considered confined for purposes of this section.

(C) Control off premises. No person owning or harboring or having the care of a fierce, dangerous or vicious animal shall suffer or permit such animal to go beyond the premises of such person unless such animal is securely leashed with a leash not exceeding three feet in length, and muzzled, except that a dangerous dog shall not be required to be muzzled when either shown in a sanctioned American Kennel Club show or upon prior written approval of the city’s Chief of Police.

(D) Public notification. The owner or caretaker of any vicious, dangerous or fierce animal shall display on his or her premises a warning sign that there is a vicious, dangerous or fierce animal on the property. This sign shall be capable of being read from the public street or highway. The sign must have letters at least two inches in width and two inches in height and reading “Beware Of Vicious Dog”, or “Beware Of Dangerous Dog” or “Beware Of Fierce Dog” or as otherwise determined by the city.

(E) Registering vicious, dangerous or fierce animals. Any owner or caretaker of a vicious, dangerous, or fierce animal shall register with the city’s Police Department with the following minimal information: name; address; telephone number (including work phone numbers), of all responsible parties relating to the animal, to be updated at the renewal of each license. This will also include breed, sex, color, weight, age of animal, tattoo number or embedded chip number, license number and rabies information.

(F) Four digit tattoo or microchip identification technology. The owner, keeper or caretaker shall, at his or her own expense, have a unique identifying, four digit number tattooed on the inner thigh or a microchip embedded between the shoulders of the vicious, dangerous or fierce animal. This number is to be assigned by the city’s Police Department or any person designated by the city’s Police Department. The tattoo or embedded chip may be applied by a licensed veterinarian or person trained as a tattooist and authorized as such by a state, county, city, town or other law enforcement department. A tattoo shall be applied with an indelible or permanent ink. The tattoo number or embedded chip number shall be recorded on the license of the tattooed animal.

(G) Police Department notification. The owner, keeper or caretaker shall notify the city’s Police Department or its designated authority within three hours if a fierce, dangerous or vicious animal is loose, unconfined, has attacked another animal or has attacked a human being. If a fierce, dangerous or vicious animal has died, been sold or has been given away, the owner, keeper or caretaker must give notice to the city’s Police Department within two working days.

(H) Insurance requirements. The owner or caretaker of a fierce, dangerous or vicious animal shall present to the city’s Police Department or its designated authority, proof that the owner or caretaker has procured liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by such fierce, dangerous or vicious animal during the 12-month period for which licensing is sought, which policy shall contain a provision requiring the city’s Police Department to be notified by the insurance company of any cancellation, termination, or expiration of the liability insurance policy.

(I) Strict liability. In the event that a minor is the owner, keeper or caretaker of a fierce, dangerous or vicious animal, the parent or guardian of that minor shall be responsible for compliance with the specifications of this chapter for the care and housing of the animal and shall also be strictly liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by the animal.

(J) Vaccinations. All vicious, dangerous and fierce animals shall obtain all appropriate vaccinations for the particular species as it relates to the health, safety and welfare of the citizens of the city.

(K) Damage by vicious, dangerous or fierce animal. If any vicious, dangerous or fierce animal shall, when unprovoked, kill or wound, or assist in killing or wounding any domestic animal, or shall, when unprovoked, attack, assault, bite or otherwise injure any human being or assist in attacking, assaulting, biting or otherwise injuring any human being while out of or within the enclosure of the owner or keeper of such animal, or while otherwise, on or off the property of the owner or keeper whether or not such dog was on a leash and securely muzzled or whether the animal escaped without fault of the owner or keeper, the owner or keeper of such animal shall be strictly liable to the person aggrieved as aforesaid, for all damage sustained. It is rebuttably presumed as a matter of law that the owning, keeping or harboring of a vicious, dangerous or fierce animal, in violation of this chapter is a nuisance. It shall not be necessary, in order to sustain any such action, to prove that the owner or keeper of such vicious, dangerous or fierce dog possessed the propensity to cause such damage or that the vicious animal had a vicious, dangerous or fierce nature. Upon such attack or assault, the animal control officer or Police Department is hereby empowered to immediately impound the vicious, dangerous or fierce animal.

(L) Enforcement. The animal control officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this chapter, and any police officer or peace officer is hereby empowered to seize and impound any vicious, dangerous or fierce animal whose owner or caretaker fails to comply with the provisions hereof.

(M) Penalties. In the event that the owner or caretaker fails to comply with the specifications of this code which include, but are not limited to, any vicious, dangerous or fierce animal which does not have a valid license in accordance with the provisions of this chapter; or whose owner or caretaker does not secure the liability insurance coverage required in accordance with this chapter; or which is not maintained on property with an enclosure; or which is found to be outside of the dwelling of the owner or caretaker, or outside of an enclosure except as provided in this chapter; or which is not tattooed; shall be impounded by the animal control officer or police officer and the owner or caretaker is guilty of a misdemeanor.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Notice and hearing. The animal control officer, police officer or the Police Chief’s designee, in their discretion or upon receipt of a complaint alleging that a particular dog is a vicious, dangerous or fierce animal, as defined in this chapter, may initiate proceedings to declare such dog a vicious, dangerous or fierce animal. In determining whether or not an animal shall be declared a vicious, dangerous or fierce animal, the animal control officer, police officer or Police Chief’s designee may consider, as a mitigating factor, that the actions of the animal were provoked, as defined in this chapter. A hearing on the matter shall be conducted by the Police Chief, which shall serve as the administrative agency set up by the city. The person owning, keeping, sheltering or harboring the animal in question shall be given not less than 72 hours’ written notice of the time and place of the hearing. Said notice shall set forth the description of the animal in question and the basis for the allegation of viciousness, dangerousness or fierceness. The notice shall also set forth that if the animal is determined to be vicious, the owner will be required to register and restrain it in accordance with this chapter, remove it from the city, or allow it to be destroyed. The notice shall be served upon any adult residing at the premises where the animal is located, or may be posted on those premises if no adult is present to accept service.

(B) Decision and order. If, after the hearing, the Police Chief determines that an animal is vicious, dangerous or fierce as defined in this chapter, the Police Chief shall order the person owning, sheltering, harboring or keeping the animal to register the animal in compliance with this chapter or remove it from the city, or to cause it to be destroyed in a humane manner. The order shall immediately be served upon the individual or entity against whom issued in the same manner as the notice of hearing. If the order is not complied with in three days of its issuance, the Police Chief is authorized to order the seizure and impoundment of the animal. An animal so seized shall be impounded for a period of six days (not including the day of impoundment), from the date the order is served upon the owner or keeper. If, at the end of the impoundment period, the person against whom the order of the Police Chief was issued has not appealed such order to the City Manager, the Police Chief shall cause the animal to be destroyed.

(C) Appeal to City Manager. The order to register, remove or destroy a vicious, dangerous or fierce animal issued by the Police Chief may be appealed to the City Manager. To appeal the order, written notice of appeal must be filed with the City Manager within three days after receipt of the order to remove, register or destroy the vicious animal. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the Police Chief. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the City Manager. The hearing of the appeal shall be held by the City Manager within five days after receipt of the notice of appeal. The hearing may be continued for good cause. After such hearing, the City Manager may affirm, reverse, or modify the order of the Police Chief. Such determination shall be contained in a written decision and shall be made within three days after the hearing, or any continued session thereof.

(D) Decision and order. If, after the hearing, the City Manager determines that an animal is vicious, dangerous or fierce as defined in this chapter, the City Manager shall order the person owning, sheltering, harboring or keeping the animal to register the animal in compliance with this chapter or remove the animal from the city or cause that the animal be destroyed in a humane manner. The order shall immediately be served upon the individual or entity against whom issued in the same manner as notice of hearing. If the order is not complied with within three days of issuance, the City Manager is authorized to order the seizure and impoundment of the animal. An animal so seized shall be held impounded for a period of six days (not including the day of impoundment), from the date the order is served upon the owner or keeper. If, at the end of the impoundment period, the person against whom the order of the City Manager was issued has not appealed such order to the City Council, the City Manager shall cause the animal to be destroyed.

(E) Appeal to the City Council. The order to register, remove or destroy a vicious, dangerous or fierce animal issued by the City Manager or his or her designee may be appealed to the City Council. In order to appeal the order, written notice of appeal must be filed with the Mayor within three days after receipt of the order to register, remove or destroy a vicious, dangerous or fierce animal. Failure to file such written order of appeal shall constitute a waiver. The notice of appeal shall state the grounds for such appeal and shall be delivered personally. The hearing shall be held within five days after receipt of the notice to appeal. The hearing may be continued for good cause. After such hearing, the City Council may affirm, reverse or modify the order of the Police Chief or City Manager. Such determination shall be contained in a written decision and shall be made within three days after the hearing or any continued session thereof.

(F) Decision and order. If the City Council affirms the action of the Police Chief or City Manager, the City Council shall order in its written decision that the person owning, sheltering, harboring or keeping such vicious, dangerous or fierce animal, shall comply with the requirements of this chapter or remove such animal from the city, or cause it to be destroyed in a humane manner. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the order to remove or destroy. If the order of the City Council, after appeal is not complied with within three days of its issuance, the animal control officer or a police officer is authorized to seize and impound such vicious, dangerous or fierce animal. Any animal so seized shall be impounded for a period of six days (not including the day of impoundment), from the date the order is served upon the owner, keeper or caretaker. If at the end of the impoundment period, the individual or entity against whom the decision and order of the Chief of Police was issued has not complied with the order the animal control officer shall cause the animal to be destroyed in a humane manner.

(G) Violation. Failure to comply with an order of the animal control officer or police officer or their designee issued pursuant hereto and not appealed, or of the Police Chief, City Manager or City Council after appeal, shall constitute a misdemeanor.

(H) Vicious, dangerous or fierce animals at large. Any animal found at large which displays vicious, dangerous or fierce tendencies may be processed as a vicious, dangerous or fierce animal pursuant to the foregoing.

(I) Vicious, dangerous or fierce animals impounded. Any animal which is alleged to be vicious, dangerous or fierce and which is under impoundment or quarantine at the animal shelter shall not be released to the owner, but shall continue to be held at the expense of the owner pending the outcome of the hearing and all appeals. All costs of such impoundment or quarantine shall be paid by the owner if the animal is determined to be vicious, dangerous or fierce. If collection of expenses is pursued through the court, the city shall file suit and receive a judgment for all expenses, together with reasonable attorney fees, interest and court costs. If the animal is not determined to be vicious, all costs of such impoundment or quarantine shall be paid by the city.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) When required. No person shall own or harbor more than the maximum number of dogs, cats or other animals including persons operating catteries, kennels or animal rescue facilities without obtaining a valid special animal permit pursuant to this section. For purposes of this section, the maximum number is outlined in § 10-3-12 of this chapter. In calculating the maximum number or the number of animals permitted by an issued permit, one litter shall not be counted until the dogs or cats of the litter reach four months of age. Violation of this subsection (A) shall be a misdemeanor.

(B) Issuance.

1. A person may apply for a special animal permit by:

(a) Paying the required and nonrefundable application fee set by City Council resolution; and

(b) Furnishing the information requested by the staff of the Planning Commission.

2. The application is then reviewed:

(a) By the Merced County Health Department;

(b) If approved by the Health Department, by the Planning Commission; and

(c) By the City Council.

3. The Planning Commission shall recommend denying or granting the application to the City Council; the City Council may thereupon finally grant or deny the application. No permit will be issued unless the uses disclosed in applying for the permit conform to applicable zoning ordinances, and until the permit fee, in addition to the application fee, is paid in the amount set by resolution of the City Council.

(C) Nontransferability. A permit shall not be valid in relation to a person to whom it was not issued or to premises not named in the permit. The permittee shall immediately notify the Community Development Director of any change which may affect the status of his or her permit.

(D) Renewal of permit. Any permit issued pursuant to this section shall expire on each December 31 following the date of issue. Within two months prior to the expiration of the permit, the permittee may apply for a renewal of the permit and pay the required fee established by the City Council by resolution. Any application made after December 31, shall be accompanied by a late application fee in addition to the regular permit fee established by resolution of the City Council.

(E) Exemptions. Animal establishments operated by state or local government or which are licensed by federal law or licensed veterinary facilities or licensed grooming salons or a facility operated by a nonprofit society incorporated in California for the primary purpose of preventing cruelty to animals are excluded from the licensing requirements of this chapter.

(F) Inspections.

1. All establishments required to obtain a permit under this section shall be subject to periodic inspections. The inspector shall make a report of such inspection with a copy to be filed with the city’s Police Department and the Community Development Department. The animal control officer, police officer or other authorized city employee is hereby authorized to enter and inspect the premises of any holder of a special animal permit for the purpose of determining whether such special animal permit holder is in compliance with the provisions of city ordinances and the conditions of the special animal permit.

2. As a condition of issuance of a special animal permit, each permit holder shall agree to allow such entry and inspection. Such agreement shall be made a part of the license application. Inspections shall be made during reasonable hours when the special animal permit holder is present, and such inspections may be made without prior notice to the permit holder.

3. Willful refusal on the part of a special animal permit holder to allow such inspection shall be grounds for summary denial of an application for a special animal permit or for summary suspension or revocation of a special animal permit.

(G) License. Nothing in this section exempts any animal from the license requirements of this chapter.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) The City Council, the City Manager or Community Development Department may promulgate rules and regulations governing the operation of kennels, catteries, and groomeries, pet shops, riding stables, animal rescue facilities, veterinary clinics or hospitals.

(B) Such rules and regulations shall provide for the type of structures, buildings, pens, cages, runways or yards required for the animal sought to be kept, harbored or confined on such premises; the manner in which food, water and sanitation facilities will be provided to such animals; measures relating to the health of said animals, the control of noise and odors, and the protection of persons or property on adjacent premises; and other such matters as the City Council or City Manager shall deem necessary.

(C) Such rules and regulations shall have the effect of law, and violation of such rules and regulations shall be deemed a violation of this chapter and grounds for revocation of a special animal permit issued by the city.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

The requirements of this chapter shall be deemed to be in addition to, and not in limitation of, the requirements of any applicable zoning laws or ordinances.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Grounds. A permit or license issued under this chapter may be suspended or revoked by the Police Chief or City Manager or a permit application or license application rejected on any one or more of the following grounds:

1. Falsification of facts in a license or permit application;

2. Violations of any of the provisions of this chapter or any other applicable law or regulation including noise, building and zoning ordinances; and

3. Conviction on a charge of cruelty or inhumane treatment of animals.

(B) Notice. Upon learning of a violation of this chapter, the enforcing animal control officer prior to a suspension or revocation, shall notify the permit or license holder of such violation in writing. The notification shall:

1. Set forth the specific violation(s) found;

2. State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in suspension or revocation of the license or permit after a specified time period which shall not be less than three days; and

3. State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the City Police Department within three days of the date of the notice.

(C) Authorized revocation. Any license or permit granted under this chapter may be suspended or revoked by the Police Chief or City Manager for violations listed in subsection (A) of this section, after and in accordance with notice given in the preceding section.

(D) Appeal. If an appeal is requested for any revocation or suspension, the matter shall be placed on the agenda for the next City Council meeting. The owner of the licensed animal and the enforcing animal control officer may appear before the City Council at the scheduled time and place to present arguments regarding the revocation or suspension. The City Council shall thereupon render a decision revoking, suspending or continuing the license or permit.

(E) Emergency. Notwithstanding the other provisions of this section, any animal control officer may, without notice or opportunity for a hearing, suspend any license or permit for five days and impound any animal(s) kept or harbored with such a suspended license, upon finding that the health, safety and welfare of the animal or community is substantially endangered.

(F) Delivery of notice. Notice provided for under this section shall be deemed to have been properly served when a manually signed original or copy has been delivered personally to the permit or license holder or person in charge, or such notice has been sent certified mail to the last known address of the permit or license holder. For notice sent by mail, the above minimum time period is extended to five days.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)

(A) Responsibility. The Police Department under the direction of the City Manager shall supervise the administration and enforcement of this chapter and of the laws of the state pertaining to the control of animals and shall have charge of the city’s animal shelter, employees and facilities.

(B) Agreements.

1. The City Council may enter into written agreements with any veterinarian or any organized humane society or association, which will undertake to carry out the provisions of this chapter and maintain and operate an animal shelter, and which will license, take up, impound and dispose of animals.

2. Any such veterinarian or society or association which shall enter into such agreement shall carry out all of the provisions of this chapter in the manner herein prescribed.

(C) Interference with officer. It shall be unlawful for any person to interfere with, oppose or resist any officer or person empowered to enforce the provisions of this chapter while such officer or person is engaged in the performance of his or her duties as provided herein.

(D) State law. Nothing in this chapter shall prevent the animal control officer from acting, when he or she deems it appropriate to do so, under the applicable provisions of Cal. Penal Code §§ 597 et seq.

(E) Violation. Unless otherwise stated in this chapter or state law, any person violating any of the provisions of this chapter shall be guilty of an infraction or an administrative citation. Animal control officers shall determine whether the violation should be treated as an infraction depending on the severity of the violation. Each day a violation is committed or permitted to continue shall constitute a separate offense.

(F) Recoupment of enforcement costs. The intent of this section is to authorize the recoupment of administrative costs reasonably related to the enforcement of this chapter. In furtherance of this intent the city shall be entitled to recover costs, including staff time in the enforcement of the provisions of this chapter.

(G) Records of costs. The animal control officer or his or her designee shall maintain records of all administrative costs incurred in the processing of violations in the enforcement of this chapter and other applicable chapters and may recover such costs from the violator and/or property owner or property occupier as provided herein.

(Ord. 604, passed 4-16-2013)

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstance shall be held to be invalid, such invalidity shall not affect the other provisions or applications of this chapter which can be given effect independent from the invalid provision or application, and to this end the provisions of this chapter are hereby declared to be severable.

(Ord. 540, passed 4-18-2006; Ord. 604, passed 4-16-2013)