Chapter 1 — ANIMALS

This chapter may be cited as the "City Animal Control Regulations."

('61 Code, § 5-1.01) (Ord. 254, N.S., passed - - ; Am. Ord. 686 C.S., passed 7-15-98)

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

ANIMAL CONTROL OFFICER. The person, organization, or entity so designated by the City Administrator or their designee.

ANIMAL SHELTER. The Madera County Animal Shelter.

AT LARGE. Off the premises of the of the person owning, or having possession, charge, custody, or control of, the animal and not under the immediate control of a person by means of an enclosure, leash, rope, or other means of immediate effective physical control; and shall mean on such premises of the person owning or possessing the animal, and not under such immediate effective physical control or under the immediate vocal command of a person, provided that whenever an animal control officer, employee, or officer of the city determines that an animal is loose on said premises outside of an enclosure and no person can be found on the premises or no person responds to the officer or employee's sounding of the door buzzer or bell or knock at the door of the main house on said premises, said animal is at large; and provided further, however, that the term shall not include any dog while being trained in an obedience or other training class or being exhibited at a show or obedience trial, or being used for bona fide hunting purposes, and while under the immediate physical or vocal control of a person.

AUTHORIZED AGENT. The person, organization, or entity so designated by the City administrator or City Council to administer the rabies vaccinating and/or licensing program for the city.

CURB. To so restrain or control an animal so that it does not defecate on property other than that of its owner except by the express consent of the owner of such property.

EXCESSIVE NOISE. The utterance, by any animal, of barks, howling, whining, cries, screeching, squeaking, squawking, or any noise which is loud, frequent and continual over a period of time and which disturbs the peace and comfort of a person or persons of ordinary sensitivity. Provided, however, it shall not be deemed to be excessive noise if at the time of the noise a person or persons reporting the excessive noise were trespassing or threatening to trespass upon the private property of the owner, or if the subject animal was being teased or provoked by someone not peaceably and lawfully on the property.

GUARD DOG. Any State of California certified dog trained to work with supervision for purposes of crowd control and to deter or detain unauthorized persons. Proof of certification is subject to review and approval by the Abatement and Compliance Division.

GUIDE DOG. Any certified dog trained to lead a blind person. Proof of certification is subject to review and approval by the Abatement and Compliance Division.

HEALTH OFFICER. The Health Officer of the city, and his or her assistants, deputies, and employees. KENNEL. Any lot, building, structure, enclosure, or premises where any animal is boarded, trained, or kept for the purpose of sale or breeding whether in special buildings or runways or not.

OWNER. The legal owner or anyone in lawful possession or charge of a dog or other animal.

PUBLIC NUISANCE. Any animal engaged in activity deemed to disturb the peace or comfort of any neighborhood or interfere with the reasonable or comfortable enjoyment of life or property of any person. These acts may include, but are not limited to, running at large, excessive and continual barking, howling, or other animal noises, defecating on or destroying the property of another.

SENTRY DOG. Any State of California certified dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. Proof of certification is subject to review and approval by the Abatement and Compliance Division.

SERVICE DOG. Any certified dog trained to assist the physically disabled. Proof of certification is subject to review and approval by the Abatement and Compliance Division.

SIGNAL DOG. Any certified dog trained to assist a deaf person. Proof of certification is subject to review and approval by the Abatement and Compliance Division.

('61 Code, § 5-1.02) (Ord. 254 N.S., passed - - ; Am. Ord. 673, passed 5-21-97; Am. Ord. 686 C.S., passed 7-15-98; Am. Ord. 840 C.S., passed 6-18-08)

For the purposes of this chapter, the Madera County Animal Shelter will be utilized as the designated animal shelter facilities for the city.

('61 Code, § 5-1.03) (Ord. 254 N.S., passed - - ; Am. Ord. 686 C.S., passed 7-15-98)

Every owner of any dog over the age of four months in the city shall procure a license therefor from the authorized agent of the city. The license shall be transferable with transfer of ownership of the dog. The owner of any dog entering the city shall obtain a license within 30 days after the date of entry. Such dogs shall also be vaccinated as required by this chapter, or the owner shall present a proper certificate of such vaccination. In accordance with Section 1-201 of the Madera Municipal Code, any second or subsequent violations of this section within a period of 18 months of a prior conviction of this offense shall be a misdemeanor.

('61 Code, § 5-1.04) (Ord. 254 N.S., passed - - ; Am. Ord. 19 C.S., passed 12-20-61; Am. Ord. 686 C.S., passed 7-1598)

Upon application made upon the form prescribed by the city and payment of the fees, the authorized agent of the city shall issue a dog license which shall contain a brief description of the dog as to breed, age, sex, and color and include the name and address of the owner, a serial number, and the expiration date thereof. The Finance Director shall keep a copy thereof as a permanent file in his or her office and shall give the name and address of any licensee upon request of any person.

('61 Code, § 5-1.05) (Ord. 254 N.S., passed - - ; Am. Ord. 673, passed 5-21-97; Am. Ord. 686 C.S., passed 7-15-98)

With the issuance of the license, the authorized agent of the city shall issue a tag made of durable material, which tag shall bear the inscription "Madera City Dog License," and the serial number. The dog tag shall be firmly attached to the collar or harness of the dog for which the license was issued. The Animal Control Officer, or his designee, shall impound any dog not bearing a current city dog license tag. In the event of the loss or defacement of a license tag, it shall be replaced by the authorized agent of the city upon the payment to the authorized agent of a tag replacement fee

as set by resolution of the Council and subject to revision as needed. It shall be unlawful to affix a tag to any dog for which it has not been issued, to maintain upon any dog without the authority of the owner thereof, or to make or have in possession any unauthorized tags, imitations, or facsimiles thereof. It shall be unlawful for a person to affix a tag to a dog for which it has not been issued, or making or having in their possession any unauthorized tags, imitations, or facsimiles thereof. In accordance with Section 1-201 of the Madera Municipal Code, any second or subsequent violation of this section within a period of 18 months of a prior conviction of this offense shall be a misdemeanor. ('61 Code, § 5-1.06) (Ord. 254 N.S., passed - - ; Am. Ord. 260 C.S., passed 5-4-77; Am. Ord. 412 C.S., passed 6-2083; Am. Ord. 673, passed 5-21-97; Am. Ord. 686 C.S., passed 7-15-98)

Fees for dog licenses shall be as set by resolution of the Council and subject to revision as needed. Before a city dog license may be issued for the lower annual license fee for a dog which has been spayed or neutered, the owner or custodian of such dog shall provide evidence that the dog has been spayed or neutered. Such evidence shall be a certificate signed by a doctor of veterinary medicine, on his or her letterhead stationary or on a form provided by the city for such purpose, or by the sworn statement of the owner or custodian on a form provided by the city. Any such form or certificate shall state the name of the clinic where such operation was performed, the street address of such doctor of veterinary medicine or clinic, the telephone number thereof, if available, the precise or approximate date when the operation was performed, and a sufficient description of the dog, inclusive of age and name of the animal.

At the time the license fees are paid, the owner or custodian of the dog shall have the dog vaccinated with the appropriate rabies vaccine, and shall present a vaccination certificate signed by a license indicating the period of time elapsing from the date of vaccination to the date of expiration of the vaccination. Any certificate of vaccination which was issued in excess of 30 months prior to the date of application for the license shall not be accepted and the owner shall be required to obtain a new vaccination and certificate for the dog. A dog license shall be issued only after presentation of the vaccination certificate. The vaccination certificate need not be presented whenever the dog has a condition or illness which is being treated for by a veteran, and when determined by the veterinarian, renders it unfit to be vaccinated, and this is proved to the satisfaction of the person authorized to issue the license, or if the issuer is a licensed veterinarian, written proof shall be provided by the veterinarian to the Abatement and Compliance Division, thereof upon a form approved by the city.

('61 Code, § 5-1.07) (Ord. 254 N.S., passed - - ; Am. Ord. 82 C.S., passed 8-18-65; Am. Ord. 260 C.S., passed 5-4-77; Am. Ord. 412 C.S., passed 6-20-83; Am. Ord. 458 C.S., passed 7-16-86; Am. Ord. 673, passed 5-21-97; Am. Ord. 686 C.S., passed 7-15-98)

If an application for a dog license shows that the dog for which such license is sought had been honorably discharged from service of the Armed Forces of the United States, or is a seeing-eye dog in the service of any blind person, or is being trained or raised for seeing-eye service, or is a signal dog in the service of any deaf person, or is being trained or raised for signal service, or is a service dog in the service of any physically disabled person, or is being rained or raised for physically disabled service or is owned by a person who is 55 years of age or older, a license shall be issued gratuitously and shall contain thereon a statement of the reason for such gratuitous issuance. A gratuitous license issued to a dog owned by a person 55 years of age or older shall be limited to one license per person, per household, per calendar year.

('61 Code, § 5-1.08) (Ord. 254 N.S., passed - - ; Am. Ord. 673, passed 5-21-97; Am. Ord. 686 C.S., passed 7-15-98)

Every person owning or operating a kennel or place where five or more dogs or other animals are kept for breeding, boarding, training, or other commercial purposes shall obtain a kennel license and all other necessary city inspections and permits for all dogs or other animals regularly kept therein in lieu of obtaining licenses for the individual dogs or other animals kept therein. The fee therefor shall be as set by resolution of the Council and subject to revision as needed.

Every person who regularly engages in the breeding of and selling of dogs and/or cats, or who breeds and sells dogs and/or cats more than once a year, or other animals, will be considered to be engaged in the business of being a kennel or other commercial business. Such persons shall be subject to all related fee, permit, license and inspection requirements.

(A) All kennels or other animal facilities shall be so constructed as to prevent the animals confined therein from running at large off the premises where said kennels are maintained. All kennels shall be operated and constructed in a sanitary and proper manner so that the same will not become a nuisance to the neighborhood thereof.

(B) No kennel license shall be issued until an inspection has been completed and a certificate is issued stating that the kennel is constructed and operated in accordance with the provisions of this chapter and the appropriate building and health inspection permits were obtained for construction of said kennel or animal facility.

('61 Code, § 5-1.09) (Ord. 254 N.S., passed - - ; Am. Ord. 673, passed 5-21-97; Am. Ord. 686 C.S., passed 7-15-98)

Before a kennel license or other animal related commercial permit is issued, a permit therefor shall be obtained from the Health Officer. All kennels or other animal structures shall be so constructed as to prevent dogs or other animals confined therein from running at large where such kennel or commercial animal structure is maintained. The kennel or other commercial animal structure shall be operated and constructed in a sanitary and proper manner so that such kennel or other commercial animal structure shall not become a nuisance to the neighborhood thereof. The operation of all kennels or other commercial animal structures licensed pursuant to the provisions of this chapter shall be subject to reasonable regulations of the Health Officer, and annual inspections by the Animal Control Officer or designee and it shall be unlawful for any person holding a license for such kennel or other commercial animal structure to maintain or operate such kennel or other commercial animal structure in violation of the regulations therefor issued by the Health Officer. Any kennel not passing inspection by the Animal Control Officer or designee shall be subject to a reinspection. In accordance with § 1-201 of this Code, any second or subsequent violation of this section within a period of 18 months of a prior conviction of this offense shall be a misdemeanor. The fee therefor shall be as set by resolution of the City Council and subject to revision as needed.

('61 Code, § 5-1.10) (Ord. 254 N.S., passed - - ; Am. Ord. 686 C.S., passed 7-15-98)

Any Animal Control Officer, designee, or police officer may take up and impound in the animal shelter any licensed dog, unlicensed dog, or dog bearing no license tag which dog may be found running at large, whether the same is in the presence of the owner or not, and whether or not the same is in the presence of the owner or a member of his or her family.

Any other animal that may be found wandering, or running at large, whether the same is in the presence of the owner or not, and whether or not the same is in the presence of the owner or a member of his or her family may also be taken and impounded.

('61 Code, § 5-1.11) (Ord. 254 N.S., passed - - ; Am. Ord. 125 C.S., passed 7-3-68; Am. Ord. 686 C.S., passed 7-1598)

Any unlicensed dog or dog bearing no license tag taken up and impounded, or other impounded animal, which is not redeemed in the manner provided in this chapter within a period of three full days from the time of the taking up, may be euthanized by the designated animal shelter, Animal Control Officer or designee in a human manner. If such animal is salable, it may be sold for cash at a private sale, without notice, for such price as the Animal Control Officer or designated animal control shelter deems reasonable and proper, or the Animal Control Officer or designated animal shelter may deliver such unredeemed dogs to the US military authorities.

Unclaimed impounded animals shall not be authorized by the city to be sold or used for scientific purposes. ('61 Code, § 5-1.12) (Ord. 254 N.S., passed - - ; Am. Ord. 686 C.S., passed 7-15-98)

It shall be the duty of the Animal Control Officer or designee, within 24 hours after the impounding of any dog bearing a license tag, to attempt to contact by phone at the last known phone number, or attempt to contact the owner at the last address shown by the application therefor on file with the Finance Director, or to mail a notice of such impounding in a sealed envelope directed to the dog's owner at the address shown by the application therefor on file with the Finance Director. Any dog taken up and impounded which bears a valid license tag and which is not redeemed within a period of seven calendar days from the date of the taking up, or any unlicensed dog which is not redeemed in three calendar days from the date of the taking up, may be euthanized by the designated animal shelter or Animal Control Officer or designee in a humane manner. If such dog is salable, it may be sold for cash at a private sale, without notice, for such price as the designated animal shelter or Animal Control Officer or designee deems reasonable and proper, or the designated animal shelter or Animal Control Officer or designee may deliver such unredeemed dog to the US military authorities.

('61 Code, § 5-1.13) (Ord. 254 N.S, passed - - ; Am. Ord. 125 C.S., passed 7-3-68; Am. Ord. 192 C.S., passed 10-1872; Am. Ord. 686 C.S., passed 7-15-98)

When any dog or other animal is sold by the designated animal shelter or Animal Control Officer as provided in this chapter, it shall be his or her duty to deliver to the purchaser of such animal a statement in writing, which shall contain a description of the animal sold, the date of the sale, and the amount of the purchase price. Before a dog or cat is released to the purchaser, he or she shall sign an agreement, as approved by the City Attorney, to have said dog or cat vaccinated and spayed or neutered, and licensed within 30 days of the release unless said dog or cat is medically unable to be vaccinated and spayed or neutered. The Animal Control Officer or designee shall retain a duplicate of all statements issued by him or her in connection with the sale. All sales made pursuant to the provisions of this chapter shall convey a good and valid title to the purchaser, and the previous owner of the animal so sold shall thereafter be barred from all rights to recover the same; provided, however, if such original owner appears within three months after the date of such sale and proves to the satisfaction of the Animal Control Officer or designee that he or she was the owner of such animal, and makes a verified claim therefor to the Council, he or she shall be reimbursed for any sum which shall have been realized from the sale of the animal, less such redemption fees as he or she would have been required to pay had he or she redeemed the animal on the date of such sale, less the further administrative fees as set by resolution of the Council and subject to revision as needed.

('61 Code, § 5-1.14) (Ord. 254 N.S., passed - - ; Am. Ord. 673, passed 5-21-97; Am. Ord. 686 C.S., passed 7-15-98)

(A) The owner of any animal, other than a potentially dangerous or vicious animal, a sick, injured or mistreated animal, or animal prohibited in the city, may reclaim and redeem such animal upon:

(1) Payment of the costs and expenses incurred by the city and county for impounding and maintaining such animal;

(2) Payment of a redemption fee;

• (3) Payment of any fees or penalties provided for in this chapter;

(4) Payment of any previously incurred fees, penalties and sustained administrative citation fines under this chapter relating to the impounded animal; and

(5) For animals at large, proof satisfactory to the Auxiliary Services Supervisor that the animal will be securely confined and adequately cared for.

(B) Notwithstanding satisfaction of the requirements for redemption, the Auxiliary Services Supervisor, at his/her discretion, may refuse to permit the redemption of any animal impounded pursuant to the provisions of this chapter, or any other municipal, county or state law, until in his/her opinion the need for the retention of such animal no longer exists. The Auxiliary Services Supervisor shall document in writing the need for the retention of an animal under this subsection and notify the owner of his/her right to contest that determination by filing a written request for a hearing within two working days of receipt of the determination. If the owner requests a hearing, the Auxiliary Services Supervisor shall schedule a hearing before a hearing officer appointed pursuant to the city's administrative hearing ordinance. The hearing shall be held within not less than five and no more than ten working days of the request. The hearing shall be conducted in accordance with the procedures set forth in the city's administrative hearing ordinance.

(C) The owner of any impounded animal shall be liable for all fees and costs incurred by the city in connection with the impounding of such animal regardless of whether the animal is redeemed by the owner.

('61 Code, § 5-1.15) (Ord. 254 N.S., passed - - ; Am. Ord. 82 C.S., passed 8-18-65; Am. Ord. 192 C.S., passed 10-1872; Am. Ord. 351 C.S., passed 6-30-80; Am. Ord. 673, passed 5-21-97; Am. Ord. 686 C.S., passed 7-15-98; Am. Ord. 840 C.S., passed 6-18-08)

(A) Upon request, an owner may surrender his/her animal to the Madera City Animal Control for placement for adoption at the Animal Shelter. Any animal that is voluntarily surrendered to or deposited with the Madera City Animal Control by the owner shall immediately thereafter become the property of the Animal Shelter. It shall be understood that no guarantee of placement will be made, and humane disposal will be at the discretion of the Animal Shelter.

(B) Any owner of an animal who voluntarily surrenders an animal to the Madera City Animal Control shall be subject to a fee as set forth in the city's fee schedule for each animal over the age of four months.

(C) The surrender of an animal by an owner to Madera City Animal Control or the Madera County Animal Shelter, subsequent to impoundment for a violation of this chapter or any provisions of state law, shall not relieve the owner of the obligation to pay such charges as set forth in this chapter, incurred prior to such surrender, plus accumulated boarding charges, veterinary charges or any other charges related to the impounding and keeping of the animal. (Ord. 840 C.S., passed 6-28-08)

Whenever the owner of any animal shall observe or learn that such animal has shown symptoms of rabies, or has acted in a manner which could cause a reasonable person to suspect that it might have rabies, or that it has been bitten by an animal having rabies or suspected of having rabies, or is otherwise exposed to rabies, such person shall immediately notify the Health Officer, and the Animal Control Officer or designee shall immediately confine such animal.

('61 Code, § 5-1.16) (Ord. 254 N.S., passed - - ; Am. Ord. 686 C.S., passed 7-15-98)

(A) Quarantine. Whenever any dog or other animal has bitten any human being or other animal, or whenever the Health Officer or Animal Control Officer has reasonable grounds to suspect that a dog or other animal has rabies, the Health Officer or Animal Control Officer is empowered to immediately quarantine such dog or other animal, either upon the premises of the owner or within the city designated animal shelter. Such quarantine shall be by written notice served upon the owner of the dog or other animal and shall contain a statement that such dog or other animal is quarantined and the instructions to be followed. The dog or other animal shall be restrained for a sufficient period to determine whether or not it is infected with rabies and shall be euthanized if determined to be rabid or, if not, released to the owner. Upon its release the owner shall be notified in writing, and the dog or other animal shall be released to him upon the payment of an amount to be set by resolution of the Council and subject to revision as needed, as a charge for keeping the animal. If no person lawfully entitled to the dog or other animal shall appear within three days from the notice and claim the dog or other animal and pay the charges, the dog or other animal may be sold or euthanized as provided for in this chapter. Additionally, there shall be an administrative fee as set by resolution of the City Council and subject to revision as needed for inspection and final release of any animal quarantined under this section.

(B) On other premises. If the quarantine is upon the premises of the owner of the dog or other animal, it shall be immediately confined within a locked enclosure so constructed that it cannot escape or have contact with any animal or human being other than the person responsible for its care. At the discretion of the Health Officer or Animal Control Officer, it may be kept under restraint by leash in charge of a responsible person or under such other restrictions as the Health Officer or Animal Control Officer may deem necessary. In lieu of the quarantine of the dog or other animal upon the premises, the owner may place the dog or other animal in the care of a duly licensed veterinary surgeon for the purpose of confinement or for the purpose of having the standard anti-rabies treatment administered. The owner of any such dog or other animal quarantined on the premises shall immediately report to the Health Officer or Animal Control Officer any change in disposition or unusual actions of the dog or other animal. The dog or other animal shall be kept quarantined and restrained until the Health Officer or Animal Control Officer shall order, in writing, its destruction or release.

('61 Code, § 5-1.17) (Ord. 254 N.S, passed - - ; Am. Ord. 82 C.S., passed 8-18-65; Am. Ord. 192 C.S., passed 10-1872; Am. Ord. 673, passed 5-21-97; Am. Ord. 686 C.S., passed 7-15-98)

Whenever rabies is known to have become endemic or epidemic within a given area, the Health Officer may establish a quarantine area and specify the animals subject to quarantine. All such animals within the quarantine area, including dogs, shall be kept in strict confinement upon the premises of the owner; provided, however, with the written consent of the Health Officer, such animals may be moved under such conditions and restrictions as the Health Officer may impose. The Health Officer is empowered to impose such other restrictions as he or she may deem necessary.

('61 Code, § 5-1.18) (Ord. 254 N.S., passed - - )

Every dog owner, after his or her dog attains the age of four months, shall at least once every 36 calendar months procure at his or her own expense its vaccination with an anti-rabies vaccine by a veterinarian. Vaccination shall be held as a prerequisite to the licensing of dogs.

(A) The Animal Control Officer or designee may impound any dog which has not been vaccinated as required by this section.

('61 Code, § 5-1.19) (Ord. 254 N.S., passed - - ; Am. Ord. 19 C.S,, passed 12-20-61; Am. Ord. 137 C.S., passed 5-2169; Am. Ord. 686 C.S., passed 7-15-98)

When any dog is quarantined, it shall be unlawful for the owner or person in possession of such dog to violate the quarantine by removing such dog from the premises, allowing it to run at large, destroying it without authorization, concealing it from the Health Officer or the Animal Control Officer or designee, or disobeying any other quarantine restriction which may have been imposed by the Health Officer.

('61 Code, § 5-1.20) (Ord. 254 N.S., passed - - ; Am. Ord. 686 C.S., passed 7-15-98)

It shall be lawful for the Health Officer, the Animal Control Officer or Designee, or any peace officer to enter upon the premises of any person for the purposes of enforcing the provisions of this chapter. In accordance with § 1-2.01 of the City Municipal Code, any person interfering with any officer in the performance of his or her duties pursuant to the provisions of this chapter shall be guilty of a misdemeanor.

('61 Code, § 5-1.21) (Ord. 254 N.S., passed - - ; Am. Ord. 686 C.S., passed 7-15-98)

It shall be unlawful for the owner of any dog to cause or permit such dog to stray or run at large off the premises of the owner or in any public place while in heat, and such owner shall also keep any such dog under confinement or control in such manner as to avoid attracting other dogs to such owner's property or areas adjacent thereto. It shall be the duty of any officer to take up and impound such dog, whether licensed or unlicensed, which is found running at large in violation of this section. Such dog may be redeemed only after the expiration of a period of ten days after the date of such impounding provided payment is made of such fees and charges required by this chapter for the redemption of such dogs. All dogs under four months of age shall be confined to the premises of, or kept under physical restraint by, the owner, keeper, or harborer. Nothing in this chapter shall be construed to prevent the sale or transportation of a puppy four months old or younger.

('61 Code, § 5-1.22) (Ord. 254 N.S., passed - - ; Am. Ord. 19 C.S., passed 12-20-61; Am. Ord. 311 C.S., passed 12-2078)

Purpose and intent. Within the City of Madera there are vicious dogs which constitute a public nuisance which should be abated. The provisions of this section provide an administrative procedure by which dogs found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This section is

intended to supplement rather than supplant any other remedy available either under state law or the Madera Municipal Code.

(A) Vicious dog defined. Any dog, except one assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is presumed vicious:

(1) Any dog which, when unprovoked, in an aggressive manner, inflicts a physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery, or any dog which kills a human being; or

(2) Any dog previously determined to be and currently listed as potentially dangerous dog which, after its owner has been notified of this determination, continues the behavior described in § 5-1.23(B).

(B) Potentially dangerous dog defined.

(1) Any dog which when unprovoked, on two separate occasions within the prior 36-month period, engages in 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; or

(2) Any dog, which when unprovoked, bites a person causing a less severe injury than as defined in § 5-1.23(A) (1); or

(3) Any dog, which when unprovoked, on two separate occasions within the prior 36-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.

(C) Investigation. Any incident reported to the Madera Police Department concerning a vicious or potentially dangerous dog may be investigated by the Police Chief, or his/her designee. The investigation may consist of reports of officers made at the time of the incident, or follow-up reports. If, based on the investigation, the Police Chief, or his/her designee concludes that there is probable cause to believe that the dog is vicious or potentially dangerous he shall so certify in writing within ten working days following completion of the investigation to the person owning or controlling the dog. Thereafter a hearing shall be held pursuant to subsections (E), (F) and (G) below.

(D) Confinement of dog. If the Police Chief, or his/her designee certifies that there is probable cause to believe that a dog is potentially dangerous or vicious and a risk to public safety, he may direct any animal control officer, police officer or other authorized employee of the city to enter the yard of any private residence or business in order to seize any such dog, whether running at large or not, and confine said dog at an appropriate animal shelter pending the decision of the Administrative Hearing Officer following the hearing provided for in subsections (E), (F) and (G) below. The cost of said confinement shall be paid by the person owning or controlling such dog. The dog shall not be released until such costs have been paid in full.

(E) Hearing - schedule. A hearing date shall be set not sooner than five, and not later than ten working days from the date of notice of certification and notice of the hearing. The Auxiliary Services Supervisor shall mail or otherwise deliver a notice of the hearing to the owner or person controlling the dog, at least five working days prior to the date set for hearing.

(F) Hearing - procedure. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the dog is potentially dangerous or vicious. Any owner who fails to appear after proper notice as provided herein was given, without obtaining a continuance from the Auxiliary Services Supervisor or an appointed hearing officer, may be deemed to have waived any right to introduce evidence or object to an order made by the Administrative Hearing Officer.

(G) Hearing - findings; public nuisance. If, based upon the evidence presented at the hearing, the Administrative Hearing Officer upholds the findings of the Auxiliary Services Supervisor that the dog is potentially dangerous or vicious, the Administrative Hearing Officer shall so specify in writing together with the reasons therefor. Any dog found to be vicious is hereby deemed a public nuisance and shall be, pursuant to the order of the Administrative

Hearing Officer, humanely destroyed, removed from the city, or the nuisance otherwise abated by appropriate order of the Administrative Hearing Officer including, but not limited to, confinement, fencing, muzzling or leashing. The decision of the Administrative Hearing Officer shall be made within ten working days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by certified mail or personally served upon the person owning or controlling the dog.

(H) Cost of impoundment. If the Administrative Hearing Officer finds the dog is potentially dangerous or vicious, the costs of impoundment incurred by the city, including any abatement period, shall be paid by the owner or the person controlling the dog and shall become a lien against the real property upon which the dog was kept and maintained until said lien is paid. If the order includes the release of a dog found to be potentially dangerous or vicious to the owner or person controlling it, the dog shall not be released until such costs have been paid in full. If such costs have not been paid within 30 calendar days after the date of mailing or delivery of the order, the Auxiliary Services Supervisor may dispose of the dog in any manner provided by law, or return the dog and pursue alternative collection procedures. The total amount of the impoundment charges may be entered on the next fiscal year tax roll as a lien against the property upon which the dog was maintained and shall be subject to the same penalties as are provided for other delinquent taxes, liens or assessments of the city, or an action may be brought in the name of the city to recover the costs of impoundment.

(I) Criminal sanctions. The first violation of any order issued pursuant to subsection (G) above shall constitute an infraction. The second and any further violations within 24 months of the order shall be misdemeanors. ('61 Code, § 5-1.23) (Ord. 254, N.S., passed - - ; Am. Ord. 311 C.S., passed 12-20-87; Am. Ord. 496 C.S., passed 2-488; Am. Ord. 686 C.S., passed 7-15-98; Am. Ord. 840 C.S., passed 6-18-08)

It shall be unlawful for the owner of any dog which habitually attacks, worries, or barks at pedestrians, bicycles, vehicles, or other users of public highways to permit such dog to run at large.

('61 Code, § 5-1.24) (Ord. 254 N.S., passed - - ; Am. Ord. 686 C.S., passed 7-15-98)

It shall be unlawful for any person to permit any animal in his or her possession to habitually destroy the peace and quiet of any person or neighborhood by causing to be created excessive noise as defined in this chapter. ('61 Code, § 5-1.25) (Ord. 254 N.S., passed - - ; Am. Ord. 686 C.S., passed 7-15-98; Am. Ord. 840 C.S., passed 6-1808)

It shall be unlawful for any person to permit any dog or other animal owned by him or her, or in his or her possession, or under his or her control to habitually commit a nuisance in any public place or on the property of another.

Any dog or other animal impounded or cited more than twice for any violation of this chapter in a 12-month period may be determined to be a public nuisance and subject to being prohibited from being in the city limits. ('61 Code, § 5-1.26) (Ord. 254 N.S., passed - - ; Am. Ord. 686 C.S., passed 7-15-98)

No person owning any dog or having the care, custody, control, or possession of any dog shall offer, allow, or permit such dog to run, be, or remain at large on any public street, road, alley, park, square, or other public place, or upon any private unenclosed property within the city, and all dogs may be deemed running at large within the meaning of this section unless tied, restrained by chain, strap, or cord attached to their collars and actually held by some person, or tied or restrained in an automobile or other vehicle, or unless such dog is staked or fastened. Any dog found running at large on any public street, road, alley, park, square, or other public place, or upon any private unenclosed property within the city, shall be subject to seizure and impoundment. In accordance with § 1-2.01 of the Madera Municipal Code, any second or subsequent violation of this section within a period of 18 months of a prior conviction of this offense shall be a misdemeanor.

('61 Code, § 5-1.28) (Ord. 125 C.S., passed 7-3-68; Am. Ord. 686 C.S., passed 7-15-98)

The terms and provisions of this chapter, except as may be required to comply with rabies vaccination requirements or compliance with any Health or Safety Regulation, shall not be applicable to any dog used by the Police Department or Sheriff Department for law enforcement purposes. The owner of the dog shall provide necessary proof of certification of training for the dog and a letter from the Chief of Police or Sheriff of the department by which they are employed in order to receive this exemption.

('61 Code, § 5-1.29) (Ord. 396 C.S., passed 7-19-82; Am. Ord. 686 C.S., passed 7-15-98)

(A) Any dog owned or utilized by private security companies or patrols, or private business owners shall provide proof of current vaccination and license of said animals to the Abatement and Compliance Division prior to a business license being issued. Companies acquiring security or guard dogs after issuance of a business license shall provide proof of vaccination and licensing of said dogs within ten days of obtaining these dogs.

(B) Any dog owned by a private security company, being transported within the city limits, shall be transported in a vehicle clearly marked "Canine" or "K-9" on each side and the rear of the vehicle in black or dark blue letters not less then seven inches high. These vehicle markings must be approved by the Abatement and Compliance Division.

(C) Any commercial business within the geographical limits of the city who utilizes guard dogs or sentry dogs which run loose in an enclosed area, is required to provide information as to the location of the area the guard dogs are to be utilized to the Abatement and Compliance Division of the city. This information shall be forwarded to the Police Department by that division.

(Ord. 686 C.S., passed 7-15-98)

(A) Livestock kept within areas of the city limits must be kept according to the following. This would include, but not be limited to horses, mules, burros, pigs, cows, sheep, goats, chickens, ducks, rabbits:

(1) No more than three may be kept at any one location, or as determined by other applicable city ordinance or the Planning Commission.

(2) Animals must be contained in an enclosed pen, which must be enclosed on all sides including the top where required to keep such livestock contained and not permitted to wander loose.

(3) Animal pens must be maintained in a sanitary manner, so as not to cause a health hazard or odor problem.

(4) Any such animals creating a public nuisance, such as complaints received of noise shall be subject to a hearing process to determine if said animals must be removed from the city limits. Such hearing by designated persons

will be held as specified in § 5-1.33.

(5) No such animals shall be slaughtered, butchered or killed in residential areas, or in commercial areas not authorized for this purpose.

(B) This section shall not apply to any properties that are zoned or used for agricultural or industrial purposes. (Ord. 686 C.S., passed 7-15-98)

Exotic pets include, but are not limited to, snakes, turtles, monkeys, chinchilla and other unusual animals, or animals being cared for as a result of wildlife rescue programs. Any persons operating a wildlife rescue program within the city limits must file copies of applicable permits from state and federal agencies with the Abatement and Compliance Division.

(A) Animals considered to be exotic pets or wildlife must be contained in such a structure or housed in such a manner as to prevent their escape. Owners of exotic pets which escape and require the services of the Animal Control Officer to capture will be charged all applicable fees as set by resolution of the City Council and subject to revision as needed, related to those services, in addition to any fines applicable, or fees for damages caused to public properties. (B) Any exotic pets or wildlife maintained by those persons which require special permits from state or federal agencies will be required to file those permits with the Abatement and Control Division of the city and pay any applicable fees. Persons maintaining those types of animals may be required to obtain local permits to maintain these animals within the city limits. Housing for such animals may be subject to inspection and approval by the Animal Control Officer before local permits may be issued. Any pet or animal under this section which escapes shall be subject to obtaining a permit for keeping the animal in the city limits. Fees for these permits and associated administrative costs shall be as set by resolution of the City Council and subject to revision as needed. (Ord. 686 C.S., passed 7-15-98)

There shall be a board consisting of the Community Development Director and the Auxiliary Services Supervisor or other designated person(s) who will hear appeals on enforcement actions taken under this chapter. Request for appeals must be filed in writing by the owner or custodian of the animal with the Auxililary Services Supervisor within two days of the action. If the owner or custodian of an animal desires to appeal a decision of the hearing board, they may do so to the City Administrator within two days of the determination. A non-refundable administrative fee must be paid at the time the request for this hearing is filed. This fee shall be as set by resolution of the City Council and subject to revision as needed.

(Ord. 686 C.S., passed 7-15-98; Am. Ord. 686 C.S., passed 7-15-98; Am. Ord. 840 C.S., passed 6-18-08)

Should any dog, cat or other animal defecate on any public property or on the private property of any person, the person owning or having custody of the animal shall immediately remove the feces from any such place to a site not prohibited by law. A violation of this section is an infraction.

(Ord. 840 C.S., passed 6-18-08)

No person shall keep or maintain any live animal in a cage, coop, hutch, pen, yard or space which is less than three times as large in floor space as the total size of all live animals which may be kept therein, and which is not of

sufficient height to permit each animal to stand in a natural erect position. This section shall not apply to the Animal Shelter nor shall it preclude a veterinarian, any person engaged in showing animals, or any animal groomer from temporarily confining an animal in a container which does not satisfy the minimum requirements of this section, for medical, showing or grooming purposes.

(Ord. 840 C.S., passed 6-18-08)

(A) Every person keeping any animal shall at all times maintain cages, coops, hutches, pens, yards or other enclosures wherein such animal is kept in a clean and sanitary condition, and shall remove excreta and manure therefrom every day, or as often as is necessary so as not to become a nuisance in the neighborhood or to any person in the neighborhood.

(B) No person shall at any time maintain any lot or other premises, or any portion thereof, in the city, upon which any animal is kept in an unsanitary condition or in such condition as to cause the same to be infested with flies or insects or to create any noxious or offensive odors.

(Ord. 840 C.S., passed 6-18-08)

Any person violating any of the provisions of this chapter shall be guilty of an infraction, unless otherwise specified, and upon conviction thereof shall be punished as provided in the Government Code of the State of California; provided, however, the Council hereby finds and determines that violations of this chapter shall constitute a public nuisance and the Council hereby declares that it may take such additional lawful action as is necessary to prevent or remedy any violation hereof through the injunctive process. Owners or custodians of animals as regulated by this chapter shall be responsible for all fees and/or fines associated with this chapter and will be subject to all administrative costs or court costs associated with collection of these fees and/or fines. When any fines have been assessed pursuant to this chapter against an owner or custodian of an animal, such fees or fines shall be payable within 60 days.

(Ord. 840 C.S., passed 6-18-08)

Any public nuisance found, as provided in this chapter, shall be abated by the procedures set forth in this chapter. (Ord. 845 C.S., passed 10-1-08)

Whenever the Auxiliary Services Supervisor reasonably believes a nuisance exists under this chapter, he or she shall commence abatement proceedings. The Auxiliary Services Supervisor shall have responsibility for abating nuisances pertaining to the animal control ordinances in this chapter of the Municipal Code. (Ord. 845 C.S., passed 10-1-08)

(A) Where the Auxiliary Services Supervisor finds that the nuisance exists, he or she shall give not less than seven days written notice of a hearing to determine whether a nuisance exists to the owner(s) of an animal causing a nuisance by mailing the same to the owner's address as indicated thereon by certified letter, and further, by

conspicuously posting on the premises of the owner's address a copy of the notice. The term OWNER shall mean the owner of a subject animal or any person who was in possession of a subject animal at the time a nuisance under this chapter was alleged to have occurred or exist.

(B) The notice shall indicate the nature of the alleged nuisance, the description of the animal involved, and the designation of the time and place of the hearing to determine whether the same constitutes a nuisance, and the manner of its proposed abatement if the same is found to be a nuisance.

(C) The failure of any person to receive the notice shall not affect the validity of any proceedings under this section.

(Ord. 845 C.S., passed 10-1-08)

The hearing to determine whether a nuisance exists shall be conducted by the Auxiliary Services Supervisor or a duly authorized representative, who shall act as the Hearing Officer. At the hearing, the Hearing Officer shall consider all relevant evidence, including but not limited to applicable staff reports. He or she shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the Hearing Officer shall determine whether a nuisance within the meaning of this chapter exists.

(Ord. 845 C.S., passed 10-1-08)

(A) The decision of the Hearing Officer shall be final and conclusive in the absence of an appeal as provided in the Municipal Code.

(B) The Hearing Officer shall, within five working days, give written notice of his or her decision to the owner and to any other person requesting the same. The notice shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the subject animal, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement.

(C) Where an appeal is filed as provided in this code, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this subchapter.

(Ord. 845 C.S., passed 10-1-08)

(A) The owner of the subject animal shall have the right of appeal to the City Council.

(B) The appeal shall be filed with the City Clerk within five working days following the decision of the Hearing Officer. The appeal shall be in writing and shall state the grounds for the appeal.

(C) The City Clerk shall set the matter for a public hearing before the Council at a date and time not less than ten nor more than 35 days following the filing of the appeal. The City Clerk shall then notify the appellant, by mail, of the date and time of the hearing. The City Council may continue the hearing date where necessary.

(D) The Council may, by resolution, establish a fee for the processing of an appeal. (Ord. 845 C.S., passed 10-1-08)

(A) At the time and place set for such hearing, the City Council shall review the decision of the Hearing Officer and shall afford the appellant a reasonable opportunity to be heard in connection therewith.

(B) If the City Council finds from the relevant evidence presented at the hearing that the action taken was in conformity with the provisions of the code, it shall require compliance with the order of abatement within 30 days after the mailing of a copy of its order to the affected property owner unless a period of time in excess of 30 days is specifically authorized within which to abate the nuisance.

(C) If the nuisance is not abated within the 30-day period or within such longer period as the Council may provide, the Auxiliary Services Supervisor or his or her designee is expressly authorized and directed to enter upon the premises for the purpose of abating the nuisance after obtaining the permission of the owner of the equitable interest therein, or after obtaining a warrant or court order specifically authorizing entrance upon the premises for the express purpose of abating the nuisance.

(Ord. 845 C.S., passed 10-1-08)

A copy of the Council's order shall be mailed to the owner, and to any other person requesting the same, by the City Clerk within five working days after the adoption thereof. The Council's decision shall be final and conclusive. Pursuant to Cal. Civ. Proc. Code § 1094.6, any action to review the decision of the Council shall be commenced not later than 19 days after the date the Council's order is adopted.

(Ord. 845 C.S., passed 10-1-08)

Where the Auxiliary Services Supervisor or his or her designee is required to cause the abatement of a public nuisance pursuant to the provisions of this chapter, he or she shall keep an accounting of the cost thereof, including incidental expenses for the abatement. The term INCIDENTAL EXPENSES includes but is not limited to the actual expenses and costs of the city in the preparation of notices, specifications, and contracts, and the costs of printing and mailings required under this chapter. Upon conclusion of the abatement, he or she shall submit an itemized statement of costs to the city and set the same for a hearing before the Hearing Officer. The Director shall cause notice of the time and place of the hearing to be given to the owners of the property to which the same relate, and to any other interested person requesting the same, by US mail, postage prepaid, addressed to the person at his or her last known address at least five days in advance of the hearing.

(Ord. 845 C.S., passed 10-1-08)

At the time and place fixed for receiving and considering the report, the Hearing Officer shall hear and pass upon the report of the Auxiliary Services Supervisor or his or her designee together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the City Manager shall make such revision, correction, and modification to the report, as he or she may deem just, after which the report is submitted, or as revised, corrected, or modified, shall be confirmed. The hearing may be continued from time to time. (Ord. 845 C.S., passed 10-1-08)