McFarland Municipal Code Ch. 6.04 Animals

The regulations set out in this title are designed to establish the framework for an effective and humane animal control program; to focus on protect the health, safety and welfare of both human and animal populations in our city; and to provide a good quality of life for residents and their pets.

(Ord. No. 037-2014, § 1, 3-13-14)

For the purposes of this title, the following words and phrases will be construed to have the meanings set forth in this chapter unless it is apparent from the context that different meaning is intended:

A. "Abandon" means and includes leaving of an animal by its owner or other person responsible for its care or custody without making effective provisions for its proper care.

B. "Administration" means the city of McFarland shall supervise the administration and enforcement of the provisions of this title and of the laws of the state pertaining to the control of animals, and shall have charge of shelter employees and facilities.

C. "Animal at large" means to be outside of a fence or other enclosure which restrains the animals to a particular premise or not under the control, by leash or lead, of the owner or other authorized person capable of restraining the animal. Animals tethered to a stationary object within range of public thoroughfares are deemed to be at large.

D. "Animal control officer" means any person designated by the state of California and/or a municipal government, as a law enforcement officer who is qualified to perform such duties under the laws of this state. Certification from the California State Humane Academy or equivalent education and training and a P.O.S.T. certified PC 832 course is required within six months of hire.

E. "Animal shelter" means any facility operated by a humane society, municipal agency or its authorized agents, for the purpose of impounding animals under the authority of this title or state laws for the care, confinement, redemption, adoption or euthanasia.

F. "Animals" means all vertebrate and invertebrate animals such as but not limited to bovine cattle, horses and other equines, hogs, goats, dogs, cats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons, and other fowl, or wild animals, reptiles, fish or birds that have been tamed and domesticated or captivated.

G. "Auction" means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners.

H. "Bite" means any actual or suspected abrasion, scratch, puncture, tear, or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with the saliva from the animal, directly or indirectly, regardless of the health of the animal causing such bite.

I. "Cat" means any member of the species felis catus which includes male, neutered male, female, spayed female of any age.

J. "Circus" means a commercial variety show featuring animal acts for the public entertainment.

K. "Commercial animal establishment" means any pet shop, grooming shop, guard dog auction, riding school or stable, zoological park, circus, performing animal exhibition, boarding, or breeding kennel.

L. "Cruelty" means and includes every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused or permitted.

M. "Dog" means a member of canis familiaris which includes male, neutered male, female, spayed female of any age.

N. "Dog tags" means and includes the metallic tags issued at the time of licensing of any dog at the time of vaccination of any dog.

O. "Enclosed vehicle" means a vehicle with structure on top and all sides. An enclosed vehicle with open windows or doors shall be deemed enclosed for purposes of this title.

P. "Fowl" means all animals that are included in the zoological class aves, which shall include, but not limited to, chickens, ducks, geese, turkeys, guineas and pigeons.

Q. "Grooming shop" means a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.

R. "Guard dog" means any dog trained to guard, protect, patrol, or defend any premises, area, or yard, or any dog trained as a sentry or to protect, defend, or guard any person or property, or any dog such as a schutzhund-trained dog or any similar classification.

S. "Harbor" means any person who shall allow any animals to habitually remain or lodge or to be fed within his or her home, store, yard, enclosure or place of business or any other premise where he or she resides or controls. Ownership will be justified and perceived after a consecutive seven-day period of time.

T. "Humane live animal trap" means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.

U. "Humanely euthanize" means to properly inject a substance that quickly and painlessly terminates the life of an animal or other method approved by the American Veterinary Medical Association. A certificate for the completion of a state-mandated euthanasia course is required for any personnel performing euthanasia.

V. "Immediate control" means the regulation and supervision by a competent person so that an animal is unable to run or get loose at will.

W. "Impounded" means an animal having been received into the custody of the animal control officer, police officer, other authorized personnel or designated personnel.

X. "Kennel" or "cattery" means any building or premises upon or within which four or more dogs or four or more cats, four months of age or older are kept or maintained or any premise wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.

Y. "Livestock" means and includes, but is not limited to cattle, horses, goats, sheep, or other animals commonly regarded or used as farm or ranch animals.

Z. "Owner" means any person keeping or harboring, or having custody or control over any dog or cat for thirty consecutive days, except a veterinarian duly licensed and practicing as such and having in his or her possession or control animals for the purpose of treatment or care.

AA. "Potentially dangerous dog" means any of the following:

1. Any dog which, when unprovoked, on two separate occasions within the prior three-year 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 this chapter.

3. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-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.

BB. "Public nuisance animal" means any animal(s) that unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. The term "public nuisance animal" means and includes, but not limited to, any animal that:

1. Is repeatedly found at large.

2. Damages the property of anyone other than its owner.

3. Molests or intimidates pedestrians or passersby.

4. Chases vehicles.

5. Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.

6. Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.

7. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored.

8. Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained.

9. Attacks other domestic animals off of its own property.

10. Has been found by the animal control officer, after notice to its owner and a hearing, to be public nuisance animal by virtue of being a menace to the public health, safety, or welfare.

CC. "Quarantine" means the strict confinement, upon the private premises of the owner, under restraint by leash, closed cage, or enclosure, of all animals specified in the order of the animal control officer, police officer, or other authorized personnel.

DD. "Restraint" means any animal secured by a leash or led under the control of a responsible person and obedient to that person's commands.

EE. "Severe injury" means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures, or corrective or cosmetic surgery.

FF. "Vicious dog" means the following:

1. Any dog seized under Section 599aa of the California Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.

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

3. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in this chapter.

4. Any dog which has been evaluated and deemed vicious by articulable facts obtained and reviewed by the animal control manager.

GG. "Wild animal" means any living member of the animal kingdom, including those born or raised in captivity except the following: domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild and captive bred species of common cage bird.

(Ord. No. 037-2014, § 1, 3-13-14)

To adopt an animal from the McFarland animal shelter an animal adoption contract will need to be completed. Every dog or cat adopted from the city of McFarland must be spayed or neutered as required by state law. Dogs must also be licensed as required by state law. In most cases our shelter staff will schedule an appointment for surgical sterilization and transport the animal from the animal shelter to a nearby veterinary clinic or hospital. The city of McFarland retains ownership of the animal until surgical sterilization has been conducted, and the prospective owners have claimed the animal.

A. A deposit may be accepted in lieu of immediate alteration of an adopted animal only for health reasons that might hinder the surgical sterilization at the time of adoption or if the animal is under six months of age. The deposit shall be temporary, and shall be retained until the animal is healthy and/or old enough to be altered, as certified by a licensed veterinarian or as determined by the animal control manager. If an animal has not been altered within the above-referenced guidelines, then a licensed veterinarian must certify, in writing, that the animal is too sick or injured to be altered, or that it would be otherwise detrimental to the health of the animal. If the adopter presents proof of spaying or neutering to the city of McFarland within thirty days of the sterilization, the adopter shall receive full refund of the deposit. In adoptions of dogs, a proof of license in the adopters' home area is additionally required for return of the deposit.

B. No unclaimed dog shall be sold or given away to a new owner that has not been spayed or neutered except as otherwise described in this chapter. Dogs may be adopted, by a new owner, after an animal adoption contract is completed and approved and upon the payment of an adoption fee, spay or neuter fee, rabies vaccination fee, and a dog license fee according to the current animal control fee schedule. Any costs incurred by the city of McFarland in assisting the successful adoption of an animal will be withdrawn from the fund maintained by the finance department and collected from fines under Section 30804.7 of the Food and Agriculture Code for failing to spay or neuter impounded dogs.

C. No unclaimed cat shall be sold or given away to a new owner that has not been spayed or neutered except as otherwise described in this chapter. Cats may be adopted, by a new owner, after an animal adoption contract is completed and approved and upon the payment of an adoption fee, spay or neuter fee according to the current animal control fee schedule. Any costs incurred by the city of McFarland in assisting the successful adoption of an animal will be withdrawn from the fund maintained by the finance department and collected from fines under Section 31751.7 of the Food and Agriculture Code for failing to spay or neuter impounded cats.

D. If an adopter fails to comply with the spaying or neutering agreement within the given time period as provided in adoption contract, the adopter shall forfeit the sterilization deposit and will be subject to fines as established by the city council by resolution. The animal control officer, police officer, other authorized personnel may extend the date by which the spaying or neutering is to be completed at their discretion for good cause shown. Any extension shall be in writing.

E. All other animals (excluding cats and dogs) may be adopted and are subject to individual pricing or priced by breed of the fair market value or may be auctioned off. There may be additional charges for veterinary services rendered.

(Ord. No. 037-2014, § 1, 3-13-14)

A. Any person owning, keeping, harboring or having custody of any dog over four months of age within this municipality must obtain a license as herein provided.

1. Written application for licenses, which shall include name and address of applicant, description of the dog, the appropriate fee and rabies certificate issued by a licensed veterinarian or anti-rabies clinic shall be made to the McFarland police department.

2. If not revoked, licenses for the keeping of dogs shall be for a period of one, two, or three years.

3. Dogs must wear city-issued license tags at all times when dogs are off the premise of the owner, caretaker, or person harboring the dog.

4. No person shall use any license for any animal other than the animal for which it was issued.

5. The license fee is due and payable within thirty days of having the dog vaccinated for rabies.

6. All licenses expire at the same time their supporting rabies vaccination expires, or the previous license fees expire whichever comes first.

7. An unpaid dog license fee shall become delinquent thirty days after it is due and payable. Upon delinquency, a penalty shall be added to the regular fee in accordance with the fee schedule as established by the city council by resolution.

8. Any owner of any dog in the city who refuses, fails or neglects to furnish the animal control officer, police officer, other authorized personnel as provided in this chapter, information necessary to properly vaccinate and license such dog, or who resists, hinders or obstructs the animal control officer, police officer, other authorized personnel in the exercise of their duties, or who fails, neglects or refuses to pay any required license fee at the time and in the manner herein provided, is guilty of a misdemeanor and shall be issued a notice to appear for violation of this subsection.

B. All dogs shall be vaccinated with an approved canine anti-rabies vaccine within ten days after becoming four months of age. The rabies vaccination shall be performed by or under direct supervision of a California State licensed veterinarian. The veterinarian shall issue to the owner of the dog a certificate on a form required by state law.

C. No license tag shall be issued for any dog until satisfactory written evidence is presented that the dog has been vaccinated against rabies in a manner approved by the director which must be consistent with the rabies compendium of the centers for disease control.

(Ord. No. 037-2014, § 1, 3-13-14)

The animal control officer, police officer, other authorized personnel, charged with the enforcement of this chapter, shall capture and may impound any dog found within the city limits which is not wearing a current license issued by the city of McFarland or any other municipality in the county of Kern or found running "at large" within the city limits.

A. The animal control officer, police officer, other authorized personnel shall have the right to enter upon any private or public property in the city in order to examine or capture any dog thereon or therein. The animal control officer, police officer, other authorized personnel shall not have the right to enter a house, which is used as a residence without first having secured a search warrant.

B. Not later than twenty-four hours after the impounding of any animal, the owner shall be notified of the impoundment of the owner animal, or if the owner is unknown, a true and faithful record of all animals taken into custody shall be kept conspicuously posted at the animal shelter.

1. Records shall include an impound number, a description of the animal, the date of the impoundment and a date and manner of disposition.

2. All animals shall be provided the necessary care and sustenance required and no animal shall suffer cruel treatment or neglect. No mark or tattoo shall be altered while in custody. All animals shall be checked for identifying microchips by the approved method of scanning.

C. An owner of any animal impounded may, at any time before the sale or other disposition, redeem the animal by paying the city of McFarland all required fees and charges, including but not limited to license fees.

1. The animal control officer, police officer, other authorized personnel shall charge, in addition to any impound or license fees, a deposit for vaccination of any impounded dog which has not been vaccinated against rabies, and shall issue a separate receipt to the person paying them.

2. All sums received by the animal control officer, police officer, other authorized personnel shall be deposited in the city finance office forthwith and shall be kept in a separate account or trust fund, which may be appropriately designated and provided for by the city council.

3. A vaccination deposit shall be collected by the animal control officer, police officer, other authorized personnel in accordance with the fee schedule as established by the McFarland city council by resolution.

4. The receipt referred to in subsection A of this section shall contain the following statement: "Any licensed veterinarian accepting this receipt in payment for the rabies vaccination of any dog shall be reimbursed by the city of McFarland a sum not to exceed the amount shown hereon upon presentation of this receipt to the city finance office or any person designated by the city council to pay such claims."

5. Veterinarians who accept receipts in payment for rabies vaccinations of dogs shall, upon presenting receipts and claim forms approved by the city finance office shall be entitled to payment from the city finance office of the amount stated on the receipt.

D. In accordance with Sections 30804.7 and 31751.7 of the Food and Agriculture Code, the owner of any non-spayed or non-neutered dog or cat that is impounded shall be fined in amounts as established by the city council by resolution.

E. The animal control officer, police officer, other authorized personnel shall charge proposed fees for animal control services, including adoption, impoundment, food and care, in accordance with the fee schedule as established by the McFarland city council by resolution.

F. All animals shall be held a minimum of four full working days, not counting the day picked up, before any sale or other disposition occurs, except any cat determined to be feral, may after three days be humanely disposed of because they pose a particular safety hazard for shelter employees and it is cruel to cage feral cats for long periods of time.

G. It is unlawful for any person to keep, abandon or turn loose without care any animal suffering distress from disease, injury, or other infirmity. Any such animal taken up by the animal control officer, police officer, other authorized personnel may be euthanized. This section shall not apply to persons keeping diseased, injured, or infirm animals, which are under medical care from a veterinarian. A written statement prepared by a veterinarian shall be deemed sufficient evidence of such care.

H. The owner of any animal, which dies, shall dispose of the animal in a manner so as not to create a nuisance or health hazard by contacting the animal control officer to inquire as to the appropriate arrangements. Whenever a dead animal is discovered within the city limits, which has not been properly disposed of, the animal control officer, police officer, other authorized personnel shall order its owner to dispose of it properly. If the order is not promptly obeyed, the animal control officer, police officer, other authorized personnel shall collect from its owner the reasonable cost of the disposal of the animal. In the event the owner of the animal is unknown, the animal control officer, police officer, other authorized personnel shall remove and dispose of the animal.

I. If the animal control officer, police officer, other authorized personnel picks up any cat or dog at the request of the owner, or if the owner of a cat or dog brings the owned animal to the animal shelter for the purpose of destroying or disposing of the same, the animal control officer, police officer, other authorized personnel shall charge and collect a fee in accordance with the fee schedule established by the McFarland city council by resolution.

(Ord. No. 037-2014, § 1, 3-13-14)

The city of McFarland may at its discretion, provide animal traps to local residents on a rental basis. Traps will be loaned out on a per day and per trap basis. A renter must sign a trap rental information sheet and a trap agreement contract. The renter will be responsible to pick up a trap at the animal shelter during normal operating hours, and return the trap within the time frame required by the agreement. A deposit for the trap will be required in case of loss or damage, and an additional fee may be assessed if a renter fails to return the rental trap according to the rental agreement.

A. The city animal control officer may at his or her discretion utilize animal traps as a part of animal control operations without cost to any resident.

B. Any person who tampers, damages, or releases any animal from a city of McFarland animal trap without proper authorization is guilty of a misdemeanor.

(Ord. No. 037-2014, § 1, 3-13-14)

It is unlawful for any person owning, or having possession, charge, custody or control of any dog, to cause or permit or allow the same to stray or run, or any manner to be at large in or upon any unenclosed lot or place in the city, except upon the premises of and under the immediate care and control of the owner of such dog. It is unlawful for any person owning, or having possession, charge, custody, or control of any dog, to cause or permit or allow the same to stray or run, or in any other manner to be in or upon any enclosed lot or place absent permission from the property owner or lessee. It is likewise unlawful for any person owning or having possession, charge, custody or control of any animal to cause or permit or allow the same to be staked out, to herd, or to graze upon any unenclosed private lot or land in the city in such manner that the rope or other attachment by which such animal is tethered may permit such animal to be or go beyond the boundaries of the unenclosed private lot or land. Any animal permitted to be at large, as defined above, or otherwise to be within the city in violation of the provisions of this chapter, is a nuisance and a menace to public health and safety.

A. Notwithstanding the foregoing, unless otherwise prohibited by this chapter, dogs may be permitted upon the streets and other public places of the city if on a leash not to exceed six feet in length and under the immediate care and control of the owner or another person competent to exercise care, custody and control thereof. A retractable leash may be used if the person can demonstrate proper control of the animal on the device.

B. Any person who at any time finds any animal at large in violation of any of the provisions of this section may take up, confine and hold the animal, provided that such person shall within twenty-four hours thereafter notify the animal control officer, police officer, other authorized personnel of the fact that he or she has possession and shall surrender possession of the animal to the animal control officer, police officer, other authorized personnel upon demand when deemed by the animal control officer, police officer, other authorized personnel to be in the animal's best interest and in accordance with the law. If the animal is taken up at a time when the animal shelter is not open for business, the person confining it shall within twenty-four hours after the shelter reopens, notify the animal control officer, police officer, other authorized personnel.

C. No person owning, having or harboring any dog, or having charge, care, control or possession of any dog shall fail, refuse or neglect to keep said dog off of any public or private school ground, public playground or public park in the city. Unless otherwise prohibited by this chapter, dogs may be permitted on any public park in the city if on a leash not to exceed six feet in length and under the immediate care and control of the owner or another person competent to exercise care, custody and control thereof. The provisions of this chapter do not apply to the possession, charge, custody or control of an official police dog while such dog is on duty.

D. It is unlawful for any person to permit any female dog which is owned, harbored, or controlled by him or her, to run at large at any time during the period when the dog is in heat or breeding condition.

E. The animal control officer, police officer, other authorized personnel, regular or reserve or city employee charged with the enforcement of this chapter shall not seize or impound a dog for the violation of a code requiring a dog to be leashed or issue citations for violation of such ordinance when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession.

1. A dog that has strayed from but then returned to the private property of its owner or the person who has a right to control the dog shall not be seized or impounded, but in such a case a citation may be issued; provided, however, that if in such a situation the owner or person who has a right to control the dog is not home, the dog may be impounded, but the officer or employee of the city shall post a notice of impound on the front door of the residence of the owner or person who has a right to control the dog. Such notice shall contain the following: that the dog has been impounded, where the dog is being held, the name, address and telephone number or the agency or the person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog if no action to regain it is taken within four full working days not counting the day picked up by its owner or by the person who has a right to control the dog.

2. This section shall not otherwise affect existing authority to seize or impound a dog or issue citations as a result of a dog being on property other than that owned by its owner or the person who has a right to control the dog.

F. No animal shall be tethered in a manner that does not allow for the animal to have access to adequate shelter, food and water. The chain, cord, or cable shall be affixed in a manner that it will not become entangled and have a swivel device at each end. The chain, cord, or cable shall be attached to a collar of leather or nylon and shall be at least fifteen feet in length. No dog shall be affixed with a choke or correction-type collar. The collar shall be checked daily to ensure that it does not become embedded or cause irritation to the skin.

1. A dog shall not be restrained by a fixed chain or tether for more than three consecutive hours in a twenty-four hour period. A dog may be exclusively restrained by a chain or tether provided that it is at least fifteen feet in length and attached to a pulley or trolley mounted on a cable which is also at least fifteen feet in length and mounted no more than seven feet above ground level. Any tether system shall not allow the dog or puppy to leave the owners property.

G. The provisions of this chapter do not apply to the possession, charge, custody or control of an official police dog while the dog is on duty.

(Ord. No. 037-2014, § 1, 3-13-14)

A. No person owning or harboring or having custody of a potentially dangerous or vicious dog shall do any of the following:

1. Permit such dog to go unconfined on the premises of such person. A potentially dangerous or vicious dog is "unconfined" as the term is used in this section if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or a dog run area upon the premises of such person. Such pen or dog run area must have sides a maximum of six feet in height with a secure top, and be located within a fenced yard. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot.

2. Fail, neglect, or refuse to keep posted in a conspicuous place at or near the entrance to the premises on which said dog is kept a sign having letters at least two inches in width and height and reading "Beware of Vicious Dog."

3. Permit such dog to go beyond the premises of such person unless such dog is securely muzzled and restrained with a chain having a minimum tensile strength of three hundred pounds and not exceeding three feet in length.

4. Own or train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to unprovoked attacks upon humans or domestic animals.

5. Possess with intent to sell, or offer for sale, breed or buy within the city any potentially dangerous or vicious dog. The owner or keeper of a potentially dangerous dog must notify the animal control officer, police officer, other authorized personnel if the dog dies, is sold, transferred, or permanently removed from the city.

6. Any person owning or harboring or having the control of any potentially dangerous or vicious dog shall maintain a policy of insurance in an amount of not less than two hundred thousand dollars for each occurrence and insuring such person against any claim, loss, damage or injury to persons, domestic animals, or property resulting from the acts, whether intentional or unintentional, of the potentially dangerous or vicious dog. Such persons shall produce evidence of such insurance upon the request of the animal control officer, police officer, other authorized personnel, and when purchasing a license for such animal.

B. In the event that a law enforcement officer or animal control officer, police officer, other authorized personnel of the city has probable cause to believe that a potentially dangerous or vicious dog is being harbored or cared for in violation of any section of this chapter, said officer shall have the authority summarily and immediately to impound the dog.

1. A law enforcement officer or animal control officer may summarily and immediately seize and impound any dog which is alleged to have bitten or attacked a human being or domestic animal pending the completion of a hearing for the purpose of determining whether the dog is a vicious or potentially dangerous animal. Any animal seized and impounded pursuant to this chapter shall be boarded and housed in the animal shelter or other place which the animal control officer, police officer, other authorized personnel deems equally secure until such time as the hearing is completed. The owner or keeper of the dog shall be liable for any cost or expenses of impounding the dog.

2. Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter, such official may enter private property at all reasonable times to inspect the premise or to perform any duty imposed by this chapter. Provided that if such property is occupied, such official shall first present proper credentials and demand entry. If entry is refused, or if the owner or other person having control of such property is not present to permit entry, such official shall have recourse to every remedy provided by law to secure entry at a later time.

C. A hearing shall be held to determine if a dog is potentially dangerous or vicious or if the owner of a previously determined potentially dangerous or vicious dog is in violation of this chapter and if the dog is a significant public threat. The chief of police or his or her designee shall be the hearing officer who shall conduct all hearings for the purpose of determining whether a dog is potentially dangerous or vicious.

1. If an investigation conducted by any peace officer or animal control officer results in a determination that there is probable cause to believe that a dog is potentially dangerous or vicious; or that the owner of a previously determined potentially dangerous or vicious dog is in violation of any of the provisions of this chapter or orders of the appointed hearing officer; or if any dog is a significant threat to the public health, safety and welfare, the animal control officer, police officer, other authorized personnel shall file with the appointed hearing officer a verified complaint setting forth facts that establish probable cause to believe the dog in question is potentially dangerous or vicious, that the owner of a previously determined, potentially dangerous or vicious dog is in violation of this chapter or orders issued by the appointed hearing officer.

2. The animal owner shall be served a copy of the verified complaint, a notice of the hearing date, time and place, either personally or by first class mail with return receipt requested.

3. A hearing conducted pursuant to this chapter shall be held promptly with no less than five working days nor more than ten working days after service of the notice upon the animal owner.

4. The hearing officer shall receive all relevant evidence from both the animal control officer, police officer, other authorized personnel and the animal owner. Such evidence may include incident reports and affidavits or witnesses.

5. The findings, determinations, declarations and orders of the appointed hearing officer shall be in writing based upon whether, by a preponderance of the evidence, the dog is proven potentially dangerous or vicious, or the owner of a previously determined potentially dangerous or vicious dog is proven in violation of this chapter or orders issued pursuant thereto, or a dog is proven to pose a significant threat to public safety and welfare. Service of the findings, determination and any orders issued pursuant thereto shall be made upon the animal owner either personally or by first class mail, return receipt requested. The findings, determinations and orders of the appointed hearing officer are final.

D. A vicious dog may be destroyed if the appointed hearing officer determines that the release of the dog would create a significant threat to the public health, safety and welfare. If the appointed hearing officer determines that the vicious dog should not be destroyed, it must impose conditions upon the dog's owner or keeper that will protect the public health, safety and welfare.

E. The city may prohibit the owner of a vicious dog from owning, possessing, controlling or having custody of any dog for a period of up to three years when the appointed hearing officer finds, after proceedings conducted, that such ownership or possession would create a significant threat to the public health, safety and welfare.

F. Notwithstanding the provisions regarding licensing and vaccination, a dog determined to be potentially dangerous or vicious must have that designation in its registration records. A fee shall be imposed in addition to the regular licensing fee to provide for the increased costs maintaining the records of the dog in an amount established by the city council by resolution.

G. A dog may not be declared potentially dangerous or vicious under the following circumstances:

1. If the dog inflicted injury or damage to a person committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime.

2. If it was protecting or defending a person within the dog's immediate vicinity from an unjustified attack or assault.

3. If the damage or injury was sustained by a domestic animal which was teasing, tormenting, abusing or assaulting the dog?

4. If the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of or under the control of its owner or keeper, and the damage or injury was to a type of domestic animal appropriate to the dog's work.

H. The hearing officer shall remove a dog from the list of potentially dangerous dogs if no additional instances of behavior described in the potentially dangerous dogs definition occur within a thirty-six-month period from the date of designation as a potentially dangerous dog.

I. If any party contests the determination, he or she may, within five days of the mailing of the notice of determination, appeal the decision to the city council. The appeal shall list the name, address and phone number of the legal owner(s) of the animal(s) and shall state the reason(s) for opposing the determination. The appeal shall be heard within two weeks of its filing by city council. The disposition of the appeal shall be as decided by a majority of the city council.

(Ord. No. 037-2014, § 1, 3-13-14)

Any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies shall report the facts immediately to the animal control officer, police officer, other authorized personnel or McFarland police department. The animal control officer, police officer, other authorized personnel or the McFarland police department will also be notified of any person or animal bitten by a rabid or suspected rabid animal.

A. The quarantine may be conducted at the home of the owner of the animal, at a licensed veterinary clinic, or at the McFarland animal shelter. The animal will be kept securely confined while under observation. Dogs or cats that have bitten a person and are not vaccinated for rabies shall be quarantined at the McFarland animal shelter and the owner shall be liable for the board and care fees. If it is deemed by the animal control officer, police officer, other authorized personnel or the McFarland police department that an animal, that has been vaccinated for rabies, cannot be properly quarantined on the premises of the owner, authorization to quarantine on the premise may be revoked at any time during the quarantine period. The owner will be liable for all fees incurred as a result of the impoundment. Quarantining an animal on the premise of the owner is solely at the discretion of the animal control officer, police officer, other authorized personnel or the McFarland police department, and in no way indicates that a future quarantine will be conducted in the same manner.

1. The animal may not be removed from the quarantined premises for any reason, without prior written permission from the animal control officer, police officer, other authorized personnel or the McFarland police department.

2. The animal may not be taken for walks or rides.

3. The animal must be under control of a responsible adult at all times.

4. The animal must not be permitted to come into contact with any other animals or humans, other than your immediate household. Note: All animals in the household will be quarantined and subject to the same requirements.

5. The animal must be confined under restraint on the owner's premise and may be allowed outside only if the owner's fence is sufficiently secure to prevent the animal from jumping, digging, or otherwise escaping. The owner must not allow other animals' access to their property where they could come into contact with the quarantined animal including cats, wild animals, etc.

6. The animal cannot be in any open or unfenced area.

7. The animal must be available for inspection or examination by authorized personnel at any time during the quarantine period.

8. The animal shall remain quarantined until released by the McFarland animal control officer, police officer, other authorized personnel.

9. If the quarantined animal becomes sick or dies, it is the owner's responsibility to notify the McFarland police department immediately. If the animal dies, do not dispose of the body. Instead, contact McFarland police department who will arrange for the pickup and transport of the animal to the health department for rabies analysis.

B. Any animal of a species subject to rabies which has been bitten by a known rabid or suspected rabid animal or has been in intimate contact with a rabid or suspected rabid animal shall be quarantined in a place and manner approved by the animal control officer, police officer, other authorized personnel, for a period of six months or destroyed, with the exception that the following alternatives are permitted in the case of dogs and cats as follows:

1. If a dog or cat over one year of age has been vaccinated against rabies within thirty-six months but not less than thirty days with a rabies vaccine of a type approved by the AVMA and quarantined in a place and manner approved by the animal control officer, police officer, other authorized personnel for a maximum immunity of thirty-six months, the dog may be revaccinated immediately (within forty-eight hours) and quarantined in a place and manner approved by the animal control officer, police officer, other authorized personnel for a period of thirty days following revaccination.

2. If a dog or cat under one year of age has been vaccinated against rabies within twelve months but not less than thirty days with a rabies vaccine of a type approved by the AVMA, the dog or cat may be revaccinated immediately (within forty-eight hours) in a manner prescribed by the animal control officer, police officer, other authorized personnel and quarantined in a place and a manner approved by the animal control officer, police officer, other authorized personnel for a period of thirty days.

C. Any person who, after notice, violates any order of the animal control officer, police officer, other authorized personnel concerning the isolation or quarantine of an animal of a species subject to rabies, that has bitten or otherwise exposed a person to rabies or who, after that order, fails to produce the animal upon demand of the animal control officer, police officer, other authorized personnel, is guilty of a misdemeanor.

D. Any person who willfully conceals information about the location or ownership of an animal subject to rabies that has bitten or otherwise exposed a person to rabies, with the intent to prevent the quarantine or isolation of that animal by the animal control officer, police officer, or other authorized personnel is guilty of a misdemeanor.

(Ord. No. 037-2014, § 1, 3-13-14)

No person shall keep or maintain, or cause or permit to be kept or maintained upon any premises in the city or upon any public street highway, sidewalk, alley, park, playground or other public place in the city, any animal, bird or fowl crowing or by any sound or cry whatsoever disturbs the peace and comfort of reasonable and comfortable enjoyment of life or property by any person. Every day during which any person continues to keep or maintain any such animal, bird or fowl shall be a separate violation of this chapter.

A. It is the duty of the animal control officer, police officer, or other authorized personnel to receive and investigate or cause to be investigated all complaints regarding any animal, bird or fowl being kept or maintained in violation of the provisions of this chapter, and to enforce the provisions of this chapter. If the owner of such animal is not able to be contacted for investigation after attempts within a twenty-four hour period, then the investigating officer shall remove the nuisance animal, leave a posted notice of the removal of the animal, and impound the animal at the shelter. If an owner is not able to be contacted within ten days, the animal shall be declared abandoned and disposed of according to this title.

B. Any person who violates the provisions of this chapter shall be guilty of an infraction and punishable by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred fifty dollars for each additional violation within one year;

3. A fine not exceeding five hundred dollars for each additional violation within one year.

(Ord. No. 037-2014, § 1, 3-13-14)

Every person within the city of McFarland who owns any domesticated animal or who owns, conducts, manages or operates any facility engaged in the housing or confinement of animals shall comply with each of the following conditions:

A. Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals.

B. All animals shall be supplied with sufficient palatable food and potable water as often as the feeding habits of the respective animals require.

C. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.

D. All animals shall be maintained so as to eliminate excessive noise.

E. No animals shall be without proper care more than eighteen consecutive hours.

F. Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.

G. No condition shall be maintained or permitted that is or could be injurious to the animals.

H. Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of the animals enclosed therein. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public.

I. Every animal establishment shall be made to isolate sick animals sufficiently so as not to endanger the health of other animals. Sick animals shall at all times be isolated from the other animals.

J. Every building or enclosure wherein animals are maintained shall be constructed of material easily cleaned and sanitized and shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of the animals and sanitation.

K. Animal owners, caretakers, custodians of any animal shall take any animal to a veterinarian for examination for treatment, if the animal control officer, police officer, other authorized personnel finds this is necessary in order to maintain the health, safety and welfare of the animal and orders the owner, caretaker or custodian to do so.

L. All animal rooms, cages, kennels, and runs shall be of sufficient size to provide adequate and proper accommodations for the animal contained therein. All animals must be able to turn around and lie down in a reasonable manner and have adequate space to maintain proper sanitation.

M. Every violation of an applicable regulation shall be corrected within a reasonable time to be specified by the animal control officer, police officer, other authorized personnel.

N. All persons shall provide proper shelters and protection from the weather for all animals at all times.

O. No person shall give an animal any alcoholic beverages, illegal drugs, or controlled substances, unless prescribed by a veterinarian.

P. No person shall allow animals which are natural enemies temperamentally unsuited, or otherwise incompatible, to be quartered together, or so near each other as to cause fear, injury, or torment. If two or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others, such animals shall be deemed not to be natural enemies.

Q. No person shall allow the use of any tack, equipment, device, substance or material that is, or could be injurious or cause unnecessary cruelty to any animal.

R. Proper rest period shall be given to all working animals. Confined or restrained animals shall be given exercise proper for the individual animal under the particular conditions.

S. No person shall work, use or rent any animal which is overheated, weakened, exhausted, sick, injured, diseased, lame or otherwise unfit.

T. No person shall allow any animal, which the animal control officer, police officer, other authorized personnel has suspended from use to be worked or used until released by a licensed veterinarian.

U. No person shall display animals bearing evidence of malnutrition, ill health, unhealed injury or having been kept in an unsanitary condition.

V. No person shall allow any animal to constitute or cause a hazard, or be a menace to the health, peace or safety of the community.

(Ord. No. 037-2014, § 1, 3-13-14)

No animals shall be exposed to or placed in conditions which constitute a violation of Section 597(f) of the California Penal Code or other state laws or county ordinances as may be in effect from time to time. Notwithstanding any other provision of this code to the contrary, it is unlawful for any person to have, maintain, keep or harbor any animals on any premises wherein the physical conditions of the premises constitute a violation of state laws, county or city ordinances.

A. A conviction for violation of any of the sections listed in subsection A of this section arising out of circumstances involving the keeping or harboring of animals shall be prima facie evidence that the person in control or possession of the premises on which the animals are located cannot or will not keep the animals in a healthy condition or cannot or will not keep the premises in a sanitary condition; whereupon, the animal control officer, police officer, other authorized personnel may order the person to remove some or all of the animals from the premises and if the animals are not removed within forty-eight hours after the date of the order, the animal control officer, police officer, other authorized personnel may remove the animal for appropriate disposition. Upon a veterinarians examination and determination that an animal has been neglected or mistreated, the animal may be impounded by the McFarland animal control officer, police officer, other authorized personnel subject to normal board and care fees pending a hearing within seven days of impoundment.

B. Failure to comply with any order given by the animal control officer, police officer, other authorized personnel under subsection B of this section is a misdemeanor.

(Ord. No. 037-2014, § 1, 3-13-14)

No person shall transport any dog in or on the back of any open truck or other open vehicle while traveling on any city road, street, highway, lane or alley except when the vehicle is sufficiently enclosed by stakes, racks, or is equipped with other devices which prevent the dog from falling, hanging, or escaping from the vehicle. It is unlawful for any person to leave, unattended, any animal within an enclosed vehicle and may be removed forthwith by the animal control officer, police officer, other authorized personnel and impounded in the animal shelter. When an animal has been removed from a vehicle, the animal control officer, police officer, other authorized personnel shall cause to be posted in a conspicuous place on the vehicle a notice stating that the animal has been removed and impounded at the animal shelter.

A. This section is not applicable to animals that are in a peace officers vehicle or animal control unit while such officers are engaged in their regular assigned duties or a dog being transported for purposes associated with ranching or farming.

(Ord. No. 037-2014, § 1, 3-13-14)

The owner of every animal shall be responsible for the immediate removal of any excreta deposited by his or her animal on public walks, recreation areas or private property other than his or her own. Animal owners are responsible for the removal of excreta deposited by their animals on their own private property within twenty-four hours.

(Ord. No. 037-2014, § 1, 3-13-14)

It is unlawful to suffer or permit any animal or fowl to trespass on private or public property so as to damage or destroy any property or thing of value, or so as to commit any other act dangerous to public health or safety, and any animal of fowl committing such act is a public nuisance. In addition, any animal which is impounded or whose owner is cited under this section because of the animal's disturbances two or more times within any twelve month period; or three or more times within any thirty-six month period, is a public nuisance.

A. Whenever it is affirmed with justification in writing by two or more persons, within a ninety-day period, having separate residences or regularly employed in the neighborhood that a public nuisance as defined in this section exists, the animal control officer, police officer, other authorized personnel shall attempt to verify the complaint. The animal control officer, police officer, other authorized personnel may issue a citation against this section in furtherance to the applicable provisions of the Penal Code.

B. Notwithstanding any other provision of this section, when the animal control officer, police officer, other authorized personnel personally witnesses a public nuisance, as described by the complainant, a citation may be issued. Violation of this section shall be a misdemeanor.

(Ord. No. 037-2014, § 1, 3-13-14)

A. No person shall:

1. Obstruct or interfere with the animal control officer, police officer, or other authorized personnel in the performance of duties under this title or aid or abet others in so doing;

2. Remove or attempt to remove any animal taken into custody by the animal control officer, police officer, or other authorized personnel without authorization; or

3. Cause or aid the escape of any animal sought for custody by the animal control officer, police officer, or other authorized personnel or aid and abet others in doing so.

B. Any person who commits any act prohibited by this section is guilty of a misdemeanor.

(Ord. No. 037-2014, § 1, 3-13-14)

Prior to seizing any animal from the owner or the owner's property, the owner of such animal shall be afforded an opportunity for a hearing, as set forth herein, unless such animals poses a present danger to life or property or is not confined and has been observed committing a nuisance and its immediate seizure to prevent harm or nuisance to humans, animals or property.

A. Written notice containing the information required by this section shall be sufficient if it provides reasonable time and opportunity to appear at the hearing and a copy of the notice is served on the owner or person in control of the animal as follows:

1. By personal delivery which shall be deemed complete at the time of such delivery.

2. By posting a copy of the notice in a conspicuous place on the door or near the doorway of the main entryway of the owner's premises or the premises at which the animal is found, or mailing a copy to the owner or the owner's last known address, by registered or certified mail. Service in this manner shall be deemed complete seventy-two hours after such posting and mailing has been accomplished.

3. Actual notice of the hearing shall be deemed sufficient service of the notice.

B. The notice shall be in bold ten point type or larger and shall contain the following information:

1. A description of the animal;

2. The address or description of the location where the owners' facility or animal is located;

3. The grounds for seizing the animal, stating the times, location, circumstances and events giving rise to the necessity for the seizure of the animal;

4. The proposed action to be taken with respect to the animal;

5. The time, date and place of the hearing conspicuously placed in the notice;

6. The right to oppose the proposed action by written, documentary, physical or oral evidence.

7. The right to be represented by an attorney or other person at the hearing.

C. At the time and place set forth in the notice a hearing shall be held before the hearing officer if any person appears to oppose the seizure of the animal. The hearing officer shall consider all relevant evidence submitted at the hearing

(Ord. No. 037-2014, § 1, 3-13-14)

The violation of any provision of this chapter may be prosecuted as either an infraction or misdemeanor, and punishable by a fine. These fines shall be in addition to any cost or fee provided for in this title for the redemption or disposition of impounded animals. A person is guilty of a separate offense for each animal and for every day during which a violation of any of the provisions of this title is committed, continued or permitted by such a person.

(Ord. No. 037-2014, § 1, 3-13-14)

The breeding and raising of livestock by minors in conjunction with a student-oriented fair project shall be permitted upon application to and approval by the planning director.

(Ord. No. 037-2014, § 1, 3-13-14)

The keeping of exotic animals or wild animals, which include lions, tigers, bears, simians, cougars, badgers, wolves, coyotes, foxes, lynx, peacocks, monkeys, any venomous or otherwise dangerous reptile or dangerous or carnivorous wild animal, any wild animal as defined in Section 2116 of the California Fish and Game Code of the State of California, or any other animal determined to be dangerous or potentially dangerous by the planning director, are prohibited within the city limits.

(Ord. No. 037-2014, § 1, 3-13-14)

A. No person shall operate or maintain a dog kennel or cattery without first obtaining a license from animal control. The city council may set the fee for such applications by resolution. Such license shall be valid for a period of one year from the date of issuance. An application for renewal of such license shall be made not less than thirty days prior to the date of expiration thereof. Where a dog kennel license has been issued and is in effect, the dogs contained in such a dog kennel shall be exempt from the requirements of individual license tags, as provided in this chapter. The dog kennel license fees, and late fees if an application for license is made after the date such license or renewal application is required, shall be as may be set from time to time by resolutions of the city council. Nothing herein shall exempt a kennel or cattery from obtaining a business license pursuant to Chapter 5.04.

B. Application for a dog kennel or cattery license shall be filed with animal control on a form prescribed. The application form shall contain such information as may reasonably be required by animal control for the purpose of enforcement of this chapter, including, but not limited to, the current home telephone number of the caretaker of the subject dog kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent from the subject kennel or cattery. Where a dog kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises shall be submitted to animal control at the time the application is submitted.

C. Upon receipt of an application for a dog kennel or cattery license, animal control shall make an inspection of the premises of the dog kennel or cattery for which a license is requested. No dog kennel or cattery license shall be issued or renewed unless it is in compliance with this chapter and all other applicable laws and regulations. Upon application for issuance or renewal of a dog kennel or cattery license, animal control may limit the number of dogs or cats which are to be kept or maintained on the licensed premises.

D. Notwithstanding any other provision of this chapter, animal control or any peace officer of the city is authorized to enter upon and inspect the premises of any dog kennel or cattery located in the city for the purpose of determining whether such dog kennel or cattery is in compliance with the provisions of this chapter and the standards for kennels and catteries incorporated in this chapter. In consideration of the issuance of a dog kennel or cattery license, each owner and operator of a dog kennel or cattery shall allow animal control to make such entry and inspection. Such right of entry shall be made a provision of the license application. Inspections made by animal control shall be made with such frequency, not less than annually, as animal control may deem appropriate. Inspections may, for good cause and at the discretion of animal control, be made without prior notice to the owner or operator of the subject dog kennel or cattery. Willful refusal on the part of the owner or operator of a dog kennel or cattery to allow inspection by animal control constitutes grounds for summary denial of an application for a dog kennel or cattery license and for summary suspension or revocation of a dog kennel or cattery license already issued.

E. Nonprofit corporations formed pursuant to the provisions of the California Corporations Code and Section 501(C)(3) of the Internal Revenue Code for the prevention of cruelty to animals, and which have furnished proof of such incorporations to animal control, shall not be required to pay a fee for the licenses required by this chapter. However, all other provisions of this chapter shall be applicable to any such nonprofit corporation. Each corporation claiming to be exempt from fees pursuant to the subsection shall, before issuance of any license, agree in writing to indemnify, defend and hold the city and its officers, employees and agents harmless from all liability arising out of the exercise of the license.

(Ord. No. 037-2014, § 1, 3-13-14)

A. Animal control, after providing the applicant or licensee notice and an opportunity to be heard, may in her or his discretion, suspend or revoke any license and may deny any application for renewal of a dog kennel or a cattery license if it is found that a dog kennel or cattery fails to meet all of the standards for kennels and catteries contained or incorporated in this chapter or if the dog kennel or cattery is in violation of any other applicable federal, state or local law or regulation.

B. Animal control shall prepare a written notice of such denial, suspension or revocation which notice shall contain a concise statement of the reason or reasons for such denial, suspension or revocation. Animal shall serve such notice upon the applicant or licensee by personal delivery or by first class mail, postage prepaid. Denial, suspension or revocation shall be effective on the tenth day after service of such notice or upon such later date as may be specified in the notice. Service shall be deemed completed upon personal delivery or deposit in the United States mail.

(Ord. No. 037-2014, § 1, 3-13-14)