Montague Municipal Code Title 6 Animals

Unless the context clearly indicates otherwise, the following definitions shall apply:

A. “Animal” means any nonhuman, bird, reptile, amphibian or fish including but not limited to dog, cat, horse, goat, sheep and chicken and all animals defined in the California Agriculture Code, Section 16.302.

B. “Animal control officer” means the person appointed by the city council as animal control officer and any designated assistants, any peace officer and any designated police department employee.

C. Camellia means a honey-producing insect of the species apis mellifica, including the adults, eggs, larvae, pupae or other immature states thereof.

• D. “Beehive” means any receptacle or container made for use of bees, or box or similar container of which bees have taken possession.

• E. “Cat” means a domestic cat (felis catus). A cat is not the personal property of its owner.

• F. “Dog” means domestic dog (canine familiaris) of any age and either sex.

• G. “Domestic fowl” means chickens, ducks, pigeons, geese, turkeys and other domesticated fowl.

• H. “Impound” means to take into custody by the animal control officer as authorized in this chapter.

• I. “Kennel” means an establishment where over four dogs are bred, raised, trained or boarded, except for veterinary hospitals.

J. “Livestock” means horses, mules, jacks, cows, cattle, goats, rabbits, sheep or any other livestock, bovine, caprine, equine or ovine.

K. “Owner” means any person over eighteen years of age owning, keeping, harboring or having custody or possession of any animal. An animal shall be deemed to be harbored if it is fed or sheltered for thirty or more consecutive days. This definition shall not apply to a veterinarian in the regular practice of his profession as to any animal in his possession while being treated or cared for. This definition shall not apply to an operator of a commercial kennel as to any animal that is being boarded in the regular practice of his business.

• L. “Person” means and includes any individual, firm, partnership, corporation or association of persons.

M. “Pet shop” means a premises wherein animals are kept for the purpose of wholesale or retail sale, exchange or hire to the public. “Pet shop” does not include any place or premises where pet animals are occasionally sold. Pet animals means dogs, cats, monkeys and other primates, rabbits, birds, guinea pigs, hamsters, snakes, iguanas, turtles and any other species of animals sold or trained for the purpose of being kept as a household pet.

N. “Possessor” means any person other than the owner of an animal who has lawful custody or possession of the animal.

• O. “Premises” means and includes any dwelling, building, real property, vehicle or part thereof.

P. “Rabies Control Act” means and refers to the California Health and Safety Code Section 1900 and sections following governing the identification, quarantine and control of rabid animals.

• Q. “Veterinarian” means a person licensed to practice veterinary medicine by the state of California.

R. “Veterinary hospital” means a premises operated by a veterinarian for the treatment of diseases and injuries to animals. (Ord. 87-2 § 1, 1987)

A. Animal control officers shall enforce all provisions of this chapter, the Montague Zoning Ordinance, or the laws of this state relating to the care, control and keeping of animals and investigate complaints of the violation thereof. Animal control officers are authorized to issue warnings or citations for the violation of the aforesaid ordinances and state laws.

B. Animal control officers shall enforce the California Rabies Control Act and provisions of this chapter relating to rabies control.

C. Animal control officers and the city clerk shall issue licenses and permits, and collect fees and charges as authorized by this chapter.

D. Animal control officers may seize, impound and humanely destroy any animal when authorized by provisions of this chapter and/or the laws of this state relating to the care and keeping of animals. (Ord. 87-2 § 2, 1987)

A. Every person owning a dog four months or older, which is harbored within the city shall obtain a dog license as follows, unless recommended by a veterinarian due to the dog's size:

1. Within thirty days after the dog reaches the age of four months (unless recommended by the veterinarian);

2. Within thirty days of becoming a resident of the city.

B. A fee shall not be levied for any dog license issued for a Seeing Eye Dog or a dog for the deaf providing such dog is owned by a blind or hearing-impaired person or in training for such purpose. (Ord. 93-04 (part); Ord. 87-2 § 9(a), 1987)

The provisions of Section 6.04.030 shall not apply to any of the following:

• A. Any dog brought into the city for the purpose of participating in any dog show, dog exhibition, field trials or competitions scheduled not more than thirty days thereafter;

B. Any dog owned or in the possession of a nonresident of the city which is not to be maintained in the city for a period exceeding thirty days.

C. Any dog owned or in the possession of a resident of the city which is to be maintained in the city for a period not exceeding thirty days. (Ord. 93-04 (part); Ord. 87-2 § 9(b), 1987)

License fees and any late registration charges shall be in the amount established by city council resolution. The license shall be issued to the dog owner upon payment of the current license fee and proof of current rabies vaccination.

• A. A certificate from a licensed veterinarian shall be presented to show proof of a spayed or neutered dog.

B. Application for license and registration shall be made annually between July 1st and August 1st of each year or within thirty days after the dog becomes subject to licensing and registration under this chapter, whichever occurs first. In the event application for license and registration is not made within the time prescribed in this chapter, the fee shall be set by resolution.

C. Upon payment of the license fee, a license certification and metallic tag shall be issued to the owner of each dog so licensed. The tag shall have stamped thereon the year it expires and the number corresponding with the number of the certificate.

D. The dog owner and/or possessor shall secure the current tag to a collar, harness or similar device attached to the dog for which the license was issued. The dog owner and/or possessor shall ensure that the dog wears such license tag at all times except when the dog is being exhibited at field or obedience trials or other dog shows and exhibitions.

E. Whenever a license tag is lost or damaged, the owner shall apply for and secure a replacement from the city clerk or animal control officer upon payment of the prescribed fee, set by resolution of the city council.

• F. License tags shall not be transferable from one dog to another.

G. No refunds shall be made on any dog license because of the death or other loss of the dog, or the owner leaving the city before the expiration of the license. (Ord. 87-2 § 10, 1987)

A. The animal control officer may seize and impound an animal which is at large as defined in Section 6.04.260. If the owner and/or possessor is not at home at the time of impoundment, the dog may still be impounded, but the animal control officer shall post a notice of such impoundment on the front of the owner's and/or possessor's dwelling. Such notice shall contain the information required by California Government Code Section 53704.1.

B. Except as provided in subsection A of this section, an animal may be impounded for violation of any provisions of this chapter, or the laws of this state, in accordance with the procedure specified in Section 6.04.070. (Ord. 89-1 § 2, 1989; Ord. 87-2 § 13(d), 1987)

The animal control officer may immediately seize and impound an animal for violation of this chapter or the laws of this state under the following circumstances:

• A. The owner and/or possessor of the animal provides consent for the impoundment;

• B. The animal is at large and immediate impoundment of an animal is authorized under Section 6.04.260;

• C. The animal control officer has reasonable grounds to believe that the animal may be rabid;

D. The animal control officer has reasonable grounds to believe that the animal is a vicious animal as defined in Section 6.04.270 and that immediate impoundment of the animal is required for any of the reasons specified in Section 6.04.270;

E. To protect an animal which is injured, sick, starving or suffering from heat, cold or confinement which is in need of immediate care;

F. When the animal control officer has reasonable grounds to believe that immediate impoundment to protect the public health or safety of any person or animal. (Ord. 87-2 § 13(e), 1987)

The animal control officer shall within twenty-four hours of the impoundment serve in person or attach to the owner's door a notice of impoundment to the owner and/or possessor of the animal if the owner has been ascertained and located. The notice shall state:

• A. The date of impoundment and the place where the animal is impounded;

• B. The grounds for impoundment;

• C. The period the animal will be held pursuant to Section 6.04.100 before being humanely destroyed or otherwise disposed of. (Ord. 87-2 § 13(f), 1987)

The animal control officer shall maintain a registry of impounded animals describing the type, sex and other identifying characteristics of the animals, the date of impoundment, if licensed, the license number of the dog, the date and manner of disposition of the animal, the name and address of the person redeeming or purchasing the animal, and any fees or charges paid. (Ord. 87-2 § 13(b), 1987)

Except as provided in Section 6.04.280, governing impoundment of rabid animals, impounded animals shall be maintained at an animal shelter prior to disposition by the animal control officer.

• A. Unlicensed dogs shall be maintained a minimum of three days following the date of impoundment.

• B. Licensed dogs shall be maintained a minimum of three days following the date of impoundment.

• C. All other animals shall be maintained a minimum of five days following the date of impoundment. (Ord. 89-1 §1, 1989; Ord. 87-2 § 13(g), 1987)

The animal control officers shall ensure that all impounded animals receive suitable and adequate food, water and shelter. (Ord. 87-2 § 13(a), 1987)

The owner of an impounded animal may redeem the animal at any time prior to its legal disposition by providing proper identification, obtaining a dog license and paying all fees and the charges for the care, feeding and veterinary treatment of the animal. If the owner fails to pay the required fees or charges, or to obtain any required license, the animal shall be treated as unredeemed by the owner. (Ord. 87-2 § 13(j), 1987)

The animal control officer shall require that prior to adoption of an animal the prospective owner sign an agreement providing for spaying or neutering and provide a deposit to ensure compliance with the agreement. (Ord. 87-2 § 13(k), 1987)

Fees for redemption, care and feeding of animals shall be set by city council resolution. Greater redemption fees shall be charged for animals redeemed more than once. (Ord. 87-2 § 13(c), 1987)

After the holding period specified in Section 6.04.100 has expired, the animal control officer is authorized to dispose of the animal by sale, adoption of the animal, or by humane destruction. Exception: If an appeal of the impoundment is pending, the animal control officer may not dispose of the animal until after a determination is made by the city council. (Ord. 87-2 § 13(h), 1987)

It shall be presumed that any person who signs an application for a license or permit for any animal is the owner of the animal or animals described in the application. Applications shall be signed by persons eighteen years of age or older. (Ord. 87-2 § 4(a), 1987)

• A. Purpose of Section.

  1. The purpose of this section is to establish certain requirements for beekeeping within the city, to avoid issues which might otherwise be associated with beekeeping in populated areas.

  2. Compliance with this section shall not be a defense to a proceeding alleging that a given colony constitutes nuisances or violates applicable ordinances, but such compliance may be offered as evidence of the beekeeper’s compliance with acceptable standards of practice among beekeepers in the city limits of Montague.

• B. Number of Hives Permitted.

  1. A maximum of three hives on a property less than one acre.

  2. A maximum of six hives on a property between one and two acres.

  3. For properties over two acres, an additional three hives per acre permitted.

  4. Bees shall be kept in hives with removable frames or combs, which shall be kept in a sound and usable condition.

  5. Hives shall not be placed in a front yard. A beehive must be located 10 feet from a dwelling.

  6. The flyway barrier can be up to six feet and may consist of a wall, fence, dense vegetation or a combination thereof, such that the bees will fly over rather than through the material to reach the colony.

7. A flyway barrier is not required if the property adjoining the apiary lot line (a) is undeveloped, or (b) is zoned agricultural or industrial.

8. Products generated on site by bees, such as honey, shall be permitted to be sold on the property per applicable business license or home occupation regulations; however, no outdoor sales are permitted.

• C. Swarms.

1. If the beekeeper serves the community by removing a swarm or swarms of honey bees from locations where they are not desired, the beekeeper shall be permitted to temporarily hive the swarm on their property for up to 30 days from the date acquired, at which time the hive limit requirements of subsection (B) of this section apply once more.

• D. Inspection.

1. A designated city official shall have the right to inspect any apiary for the purpose of ensuring compliance with this section between 8:00 a.m. and 5:00 p.m. once annually upon prior notice to the owner of the apiary property, and more often upon complaint without prior notice.

• E. Notice of Violation.

1. Any person maintaining an apiary in violation of any of the provisions of this section may be served with a written notice of such violation by any enforcement officer of the city. The notice may be served upon the person in possession of or owning such apiary or apiaries, personally or by mail, or if the address of such person is not known, by posting said notice in a conspicuous place on the apiary for five days. The person served with the notice may appeal to the city council by submitting within 10 days of the date of the notice of violation a written appeal detailing all bases for the appeal. City council shall render a determination on the appeal within 30 days of receipt of the appeal. The decision of the city council regarding the appeal shall be final and conclusive.

• F. Nonexclusive Remedy.

  1. This section is an alternative to and does not supersede any other provision of the law that authorizes a nuisance to be abated or enjoined. (Ord. 15-05, 2015; Ord. 87-2 § 4(b), 1987)

It is declared to be a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squab, peafowl or similar fowl or rabbits owned and controlled by him to run or fly at large or go upon the premises of any other person in the city. (Ord. 87-2 § 14(b )(I), 1987)

It is unlawful to keep, maintain or harbor within the city any hog, swine or pig or to maintain or harbor any sty within the city limits except in the R-AG-2Y2 zone. (Ord. 87-2 § 4(c), 1987)

The intent of Sections 6.04.210 and 6.04.220 is to establish standards for the keeping of livestock, animals and fowl on a noncommercial basis and in a manner which will not endanger the health, peace and safety of the citizens of the city and which will assure that such livestock, animals and fowl are kept in a clean and sanitary condition and not subject to suffering, cruelty or abuse.

Where the intent of Section 6.04.210 is met, but the strict adherence to the guidelines of Section 6.04.210 is impractical or unfeasible on an individual case basis, livestock may be permitted contrary to the provisions of Section 6.04.210 by planning commission approval of a conditional use permit. (Ord. 98-05; Ord. 87-2 § 14 (part), 1987)

Livestock may be permitted in a residential area on a minimum parcel size of one acre. In the case of fowls, or a rabbit hutch, it may be maintained on a city lot provided that in no case shall the pen, rabbit hutch or livestock confinement area be closer than seventy feet from the nearest residence, measured from the pen or enclosure to the nearest residence, not including the owner's residence. (Ord. 87-2 § 14(a), 1987)

A. It is unlawful to tie, stake or pasture or permit the tying, staking or pasturing of any animal upon any private property within the city without the consent of the owner or lawful occupant of such property or in such a way as to permit such animal to trespass upon any street or public place or upon any such private property.

B. It is unlawful to permit any such animals to be or remain during the nighttime secured by a stake or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal. (Ord. 87-2 § 14(b), 1987)

A. It is unlawful for any person to suffer or permit any dog, cat, fowl or other animal to bark, yelp, howl or create noise in such a manner which unreasonably disturbs the peace of any person(s).

B. Any person who shall keep or permit to remain on any premises, an animal which disturbs the peace of any person in the manner set forth in subsection A of this section shall be guilty of an infraction for a first offense and for a subsequent second offense. Any person found in violation of this subsection for a third or additional offense shall be guilty of a misdemeanor.

C. An animal kennel regulated by a use permit shall not be subject to the provisions of this section. This section shall not apply to customary animal noises of livestock, horses or other animals kept for agricultural activities in areas including but not limited to farms, ranches and stables or rodeo grounds which are zoned or legally permitted for such purposes.

D. Except as otherwise provided in subsection E of this section, the sheriff or animal control officer, upon receipt of a legitimate complaint affirming that a violation as declared in this section exists, shall notify the keeper of the offending animal and direct that such violation be abated. For a first offense it is the discretion of the sheriff or the animal control officer if a citation for the infraction be issued. However, whether or not a citation is issued, the incident shall be documented as to complainant, date, time and location of the offending animal.

A second complaint from any person within thirty (30) days of the first offense regarding the same animal shall result in a citation being issued. Before issuing the citation the sheriff or animal control officer shall obtain a documented complaint which shall include the identification of the complainant and information setting forth the basis of the complaint.

E. The sheriff or animal control officer may cause an animal to be immediately taken into protective custody by the animal services agency and/or issue a citation with a documented complaint if it is determined by the investigating officer that the complaint and subsequent interviews of the complainant and the keeper, if he or she can be located, that the noise created by the animal cannot be abated or quieted so that it continues to disturb the peace of the complaining person(s). The animal may be taken into protective custody only if the investigating officer determines it can be accomplished without unreasonable risk of injury or damage to the involved parties, the animal or private property.

If the animal is taken into protective custody, the investigating officer shall immediately post written notice on the property from where the animal was taken or by personal service to the owner or keeper. The notice shall include the conditions under which the animal was taken and how the animal can be redeemed per the instructions from the sheriff or animal control agency. (Ord. 07-01 § 1 (part), 2007; Ord. 87-2 § 5(a), 1987)

Any person owning and/or possessing a female unspayed dog in heat shall securely confine the dog within an enclosure, unless the dog is under the immediate physical restraint of its owner and/or possessor to prevent unplanned access by male dogs or attraction of male dogs in the vicinity. (Ord. 87-2 § 5(b), 1987)

It is unlawful for any owner and/or possessor of an animal to suffer or permit that animal to destroy or cause damage to property not belonging to or under the control of the owner and/or possessor. (Ord. 87-2 § 5(c), 1987)

A. It is unlawful for any owner and/or possessor of any animal to suffer or permit such animal to be at large as defined in this section. Violations of this section are subject to citation and the animal at large is subject to impoundment as authorized by Sections 6.04.060 through 6.04.150.

B. In the case of dogs, “at large” means a dog that is not on the premises of its owner and/or possessor or the premises of another with permission of the owner or occupant thereof, or not under physical restraint by a person capable of controlling the dog by means of a leash not exceeding six feet in length. This definition shall not apply to:

1. Guide dogs for the blind or hearing impaired while performing their duties;

2. Dogs participating in field or obedience trials or animal exhibitions;

3. Dogs assisting their owner and/or possessor in the herding of livestock;

4. Dogs assisting a security guard or assisting a peace officer engaged in law enforcement duties.

C. In the case of animals other than dogs, “at large” means an animal which is off the premises of its owner and/ or possessor while not under the physical restraint of a person capable of controlling the animal. This definition shall not apply to any animal which is on the premises of another person with the consent of the owner or occupant thereof.

D. In the case of any animal, “at large” also means an animal which is tethered, leashed or otherwise present on property which is not owned or controlled by the owner and/or possessor of the animal without the permission of the owner or occupant thereof.

E. In the case of any animal, “at large” also means an animal which is tethered or leashed on any city street, or other city property not set aside for such tethering or leashing in such a way as to block a public walkway or thoroughfare.

• F. This section shall not apply to cats. (Ord. 87-2 § 5(d), 1987)

A. “Vicious animal” means an animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following behavior:

1. An attack, without provocation, which requires a defensive action by any person to prevent bodily injury and/or property damage in a place where such person is conducting himself peaceably and lawfully;

2. An attack, without provocation, on another animal or livestock which occurs off the property of the owner of the attacking animal;

3. An attack, without provocation, that results in an injury to a person in a place where such person is conducting himself peaceably and lawfully;

   4. Any behavior, without provocation, that constitutes a physical threat of bodily harm to a person in a place where such person is conducting himself peaceably and lawfully.

• B. It is unlawful for the owner and/or possessor of a vicious animal to maintain the animal within the city limits.

C. In the event that an animal which has been declared or found to be vicious is found to be in the city, and the owner thereof declares that he is entitled to keep such animal within the city, then the owner shall be entitled to a hearing before a hearing committee appointed by the city council, at which hearing it shall be determined:

1. Whether under any circumstances the owner should be allowed to keep the said vicious animal;

2. If allowed, the specific requirements for maintaining the animal; and

3. The specific sanctions for failure of the owner to maintain the animal within and pursuant to the limits set forth.

D. A dog determined to be a vicious dog may be destroyed by the animal control department when it is found after proceedings conducted under Section 6.04.271 that the release of the dog would create a significant threat to the public health, safety and welfare.

If it is determined that the dog found to be vicious shall not be destroyed, the appeals board shall impose conditions upon the ownership of the dog that protect the public health, safety and welfare.

Licensing and registration requirements for a vicious dog which is not destroyed shall be set forth in Section 6.04.273 for potentially dangerous dogs. (Ord. 96-02 (part), 1996; Ord. 89-1 § 3, 1989; Ord. 87-2 § 11, 1987)

If the animal control officer or other enforcement officer has investigated and determines that there exists probable cause to believe that a dog is potentially dangerous or vicious, the owner or keeper of the dog shall be served with a notice of such determination, either personally or by first class mail. If the owner or keeper of the dog contests the determination, he or she may, within five days of the receipt of notice of determination, appeal the determination to an appeals board consisting of a city council member, city clerk and the agricultural commissioner, or one of their designees. The determination of the appeals board shall be final and conclusive upon all parties. (Ord. 96-02 (part), 1996)

A. No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a wilful trespass or other tort upon 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. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing or tormenting, abusing or assaulting the dog.

B. No dog may be declared potentially dangerous or vicious 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 the species or type of domestic animal appropriate to the work of the dog. (Ord. 96-02 (part), 1996)

A. Any dog which has been determined to be potentially dangerous shall be properly licensed and vaccinated. The designation of potentially dangerous shall be included in the registration records of the dog. The animal control officer shall charge an additional fee of one hundred dollars in addition to the regular licensing fee charged in Section 6.04.050 for the first year's license following designation as potentially dangerous or vicious and an additional fifty-dollar fee each year thereafter.

B. A dog determined to be potentially dangerous or vicious, while on the owner's property shall at all times be kept indoors, or in a secured fenced yard from which the dog cannot escape and into which children can not trespass. A potentially dangerous or vicious dog may be off the owner's premises only if it is restrained by a substantial leash of appropriate length and if it is under the control of a responsible adult. (Ord. 96-02 (part), 1996)

Violations involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars. Violations involving a vicious dog shall be punished by a fine not to exceed one thousand dollars. (Ord. 96-02 (part), 1996)

A. Any person having knowledge that any animal capable of transmitting rabies has bitten a human being within the city shall immediately report the fact to the animal control officer and shall furnish complete information thereof.

B. The animal control officer shall ensure that all animals falling into the following categories shall be isolated or quarantined at the place and under the conditions prescribed by the health officer and pertinent to state laws and regulations:

1. Known rabid animals;

2. Suspected rabid animals;

3. Animals that have bitten or otherwise exposed a human being to rabies;

4. Animals, of a species subject to rabies, which have been bitten.

C. It is unlawful for the owner or keeper of an animal to violate any of the conditions of isolation or quarantine prescribed by the health officer, or the animal control officer or their duly authorized representatives. (Ord. 87-2 § 12, 1987)

No owner and/or possessor of a dog or other animal shall leave the animal in a motor vehicle without adequate ventilation, or in such a manner as to expose the animal to extremes of heat or cold. The animal control officer may issue a citation for such violation or the animal control officer may contact the law enforcement agency. (Ord. 87-2 § 7, 1987)

Commercial kennels shall be subject to a business license and shall be located in a C-2 zone. (Ord. 87-2 § 4(e), 1987)

It is unlawful for any person to maintain any animal on his premises in a manner so as to cause the accumulation of manure, offal or feces which causes the attraction of flies or vermin, or creates smells which interfere with the use and enjoyment of any neighboring properties. All yards and other enclosures in which dogs or other animals are kept shall be maintained in a sanitary manner. (Ord. 87-2 § 4(d), 1987)

A. No person shall refuse to present any animal located on his premises for inspection by any animal control officer acting within the scope of his authority under Section 6.04.020, or any other provision of this chapter, the Montague Zoning Ordinance, or the laws of this state when so directed by the officer.

B. No person shall refuse to exhibit to an animal control officer acting within the scope of his authority under Section 6.04.020, or any provision of this chapter, Montague Zoning Ordinance, or the laws of this state, any dog license or tag, or rabies vaccination certificate, which is in his possession, when so directed by the officer.

C. No person shall knowingly interfere with, obstruct or hinder any animal control officer in the discharge of any of the duties imposed upon such officer pursuant to Section 6.04.020, or any other provision of this chapter, the Montague Zoning Ordinance, or the laws of the state.

D. It is unlawful for the owner and/or possessor of an animal to fail to relinquish the animal to the animal control officer for impoundment when impoundment of the animal is authorized pursuant to Sections 6.04.060 through 6.04.150 and 6.04.230 through 6.04.260 of this chapter, or the laws of the state. (Ord. 87-2 § 6, 1987)

Any person who has cause to believe an animal is being maintained as a public nuisance may complain, either orally or in writing, to the animal control officer. The complaint shall be considered sufficient cause for the animal control officer to investigate the matter and determine if the owner or keeper of the animal is in violation of this chapter. (Ord. 87-2 § 8, 1987)

For the purpose of enforcement of this chapter and laws specified herein, an animal control officer may seek entry upon private property. If the property is occupied, the animal control officer shall identify himself/herself, request entry, and explain the reasons therefor. If the property appears unoccupied, the animal control officer shall make a reasonable effort to located the owner or occupant thereof. The animal control officer may enter property, without first securing a warrant, under the following circumstances and conditions:

• A. When authorized by the laws of this state;

• B. With the expressed permission of the owner or occupant of the property;

• C. When there is probable cause to believe that any rabid animal is present upon the property and there is an immediate hazard to the animal, other animals or the public safety;

D. When there is probable cause to believe that the keeping or maintaining of the animal on the private property is so hazardous or dangerous as to require immediate inspection and/or impoundment of the animal to safeguard the safety of the animal, other animals or the public safety;

• E. When in pursuit of an animal:

  1. When the animal has been running at large on any highway or road or other public property, or on private property and the owner thereof has requested that the animal be apprehended,

  2. When any dog is trespassing on private property and is liable to cause damage to livestock, other animals or other property,

3. Provided, that if consent is denied for entrance on the property by the owner or occupant thereof, the animal control officer shall obtain a warrant as specified in subsection F of this section. If the owner or occupant of the property cannot be located to obtain his consent for entrance on the property, nothing in this subsection shall authorize the entry into a dwelling except in accordance with subsection F of this section;

F. Except as authorized in subsections A through E of this section, the animal control officer may enter upon private property only upon obtaining an inspection warrant as authorized by California Code of Civil Procedure, Section 1822.50, et seq., or a search warrant from the court of competent jurisdiction authorizing the entry. (Ord. 87-2 § 3, 1987)

• A. All fines shall be in the amount established by resolution set forth by the city council.

• B. Any person violating any provisions of this chapter shall be deemed guilty of an infraction and shall be punishable by a fine set forth by resolution of the city council. (Ord. 87-2 § 15, 1987)

A. Every person keeping, harboring or having a dog of four months of age or older in the city, shall, at intervals not more often than once a year, procure its vaccination by a licensed veterinarian with a canine antirabies vaccine. Such dogs are to be vaccinated with rabies vaccine within a period of four weeks from the date of harboring, keeping or having the dog within the city, or from the date the dog attains the age of four months; was kept, harbored or brought into the city. (Ord. 09-02, 2010)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

Disclaimer: The city clerk’s office has the official version of the Montague Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Telephone: (530) 459-3030

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