Chapter 6.20 — HEALTH AND SAFETY PROVISIONS—ANIMAL WELFARE

A.

General. The owner of any household pet animal in the city shall have the animal vaccinated by a licensed veterinarian against the following diseases:

B.

Dogs. No person shall keep, harbor or maintain any dog over the age of four months within the city limits unless such dog has been vaccinated by a licensed veterinarian with a canine rabies vaccine approved by and in the manner prescribed by the State Department of Public Health. The vaccination shall be administered by a veterinarian or through county recognized clinics, and a certificate of vaccination shall be obtained by the owner. The certificate of rabies vaccination shall accompany the license application and shall be valid if in compliance with the following immunization schedule:

Primary immunization. Primary immunization shall be defined as the initial inoculation of an approved canine rabies vaccine administered to young dogs between the ages of four to twelve months.

Revaccination intervals. The interval for revaccination of dogs administered primary immunization between the ages of four to twelve months will be twelve months, or as otherwise required by the State Department of Health. The interval for primary or revaccination of dogs administered rabies vaccines over the age of twelve months shall be at least once every three years, or as otherwise required by the State Department of Health.

No dog need be vaccinated for rabies where a licensed veterinarian has certified that the vaccination would endanger the dog's health and the local health officer endorses on the certificate his/her approval. The certificate must bear the date of issuance and must be renewed each year. Any dog subject to this exemption shall not be allowed off the premises of the owner.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

No person shall keep or maintain any live animal in a cage, coop, hutch, pen, yard or space which is less than three times as large in floor space as the total size of all live animals which may be kept therein, and which is not of sufficient height to permit each animal to stand in a natural erect position. This section shall not apply to the animal shelter nor shall it preclude a veterinarian, any person engaged in showing animals, or an animal groomer from temporarily confining an animal in a smaller container for medical, showing or grooming purposes.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A.

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

B.

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

(Ord. No. 370, §§ 1, 2, 3-11-2015)

Any person discovering a stray or apparently lost animal shall report the same to the Animal Services Division. Any person who apprehends or picks up a stray or lost animal shall report the same to the Animal Services Division within eight hours thereafter and shall release such animal to an animal services officer upon demand. A violation of this section is an infraction.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A.

Notwithstanding any provisions of this chapter, an impounded animal which is determined by a licensed veterinarian or the city manager to constitute a health or safety hazard, shall be destroyed or otherwise disposed of without delay by an animal services officer or the veterinarian.

B.

An impounded animal which is determined by a licensed veterinarian or the city manager to be suffering extreme pain due to disease or injury, and where there is no reasonable probability that the animal will recover from its disease or injury, may be destroyed without delay by an animal services officer or the veterinarian.

C.

Any animal services officer, police officer or sheriff's deputy may humanely destroy an animal in the field which is too severely injured to move or where a veterinarian is not readily available, and where it would be more humane to dispose of the animal.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

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

(Ord. No. 370, §§ 1, 2, 3-11-2015)

No person shall abandon any animal with the intention of avoiding the responsibility for its custody and care.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

No person shall leave any animal at the animal shelter except when an animal services officer is available to accept the animal.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A.

No owner shall fail to provide his/her animals with adequate food and water, proper, clean, and sanitary shelter, protection from the weather and veterinary care when needed to prevent suffering. The humane care and treatment of all animals shall be maintained at all times.

B.

Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by a chain or leash, the chain or leash shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured, in such a manner that it will permit the animal's access to adequate shelter, food and water, and in accordance with Health and Safety Code Section 122335.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

No person shall beat, cruelly ill-treat, torment, tease, overload, overwork or otherwise abuse an animal, nor cause, instigate or permit any dogfight, cockfight, or combat between animals or animals and humans, excluding police canines, within the city, nor shall any parent allow or permit his/her minor child to so treat any animal.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

No person may kill or butcher an animal within the city limits except as specifically permitted by the laws of the State, and in compliance with all federal, State and local requirements.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

No person shall place, leave or expose, in any place accessible to any animals, with the intent to kill or harm such animals, any poisonous substance or ingredient, or any edible or any other substance or ingredient which has in any manner been treated or prepared with any poisonous substance or ingredient.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

Farm animals shall only be kept as permitted by the city's zoning ordinance. In addition, no person shall keep, harbor, or possess any farm animal unless the following conditions are satisfied:

A.

All places and premises upon which farm animals are kept shall be open at all times for inspection by city or County of Fresno health inspectors and by any animal services officer.

B.

Farm animals shall be confined by a suitable fence. A suitable fence is any fence which is good, strong, substantial and sufficient to prevent the ingress and egress of farm animals.

C.

Farm animals shall not be kept inside any building used for human habitation.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A.

Restrictions on the keeping of animals capable of transmitting rabies. It shall be unlawful for any person to own, keep, harbor or possess within the city limits any animal capable of transmitting the rabies virus unless such animal can be properly immunized with a rabies vaccine approved by the State Department of Health.

B.

Reporting requirements.

Rabies is declared to be a reportable disease. Every veterinarian practicing in the city and every person providing professional medical treatment for animal bites by an animal of a species subject to rabies shall,

whenever rabies is suspected, immediately notify the animal services department within the proper jurisdiction.

Every veterinarian practicing within the city, or having vaccinated any animal residing within city limits, shall provide a copy of every rabies immunization certificate which he/she issues for all animals immunized to the animal services department within the proper jurisdiction.

Any person or parent or guardian of such person, or an owner of an animal, bitten or scratched by an animal of a species subject to rabies shall immediately report such incident to the Animal Services Division.

C.

Quarantine and impoundment.

All animals in violation of California Health and Safety Code Sections 121575 et seq., or of the rabies control provisions of this chapter, shall be quarantined or impounded and shall be subject to destruction in some humane manner or to other disposition as provided by this chapter.

Veterinarians practicing in the city who have custody of an animal suspected of having rabies shall hold and not release that animal to the owner pending instructions from the appropriate animal services department or a local health officer on quarantine requirements.

D.

Notification of quarantine restrictions. The city manager shall issue a written notice to the owner or person harboring an animal within the city suspected of having rabies, or of having been exposed to rabies, that such animal be quarantined for a period of ten days, or for such period as required by state law. Upon issuance of the notice, the owner or person harboring the animal shall surrender the animal for a supervised quarantine at the animal shelter, the costs of which shall be borne by the owner. The animal may be reclaimed by the owner if adjudged free of rabies and upon the payment of board fees as established in the city's fee schedule or by separate resolution and upon compliance with the licensing provisions of this chapter. At the discretion of the city manager, such quarantine may be on the premises of the owner. For stray animals whose ownership is not known, such quarantine shall be at the animal shelter.

E.

Quarantined animal at large. It shall be unlawful for any person to allow any quarantined animal to run at large or fail to keep the animal quarantined after being so notified. A violation of this subsection is a misdemeanor.

F.

Killing of animals suspected of having rabies. No person shall kill, or cause to be killed, any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human, unless in self- defense or the defense of others, nor remove such animal from the city without written permission from the city manager.

G.

Quarantine of dogs serving the disabled. Notwithstanding any other provision of this chapter, a guide dog, service dog, or signal dog as defined in California Civil Code Section 54.1 shall not be quarantined in the absence of evidence that he/she has been exposed to rabies unless his/her owner fails:

To keep the dog safely confined to the premises of the owner; or

To keep the dog available for examination at all reasonable times.

H.

Quarantine of dogs used by law enforcement agency. Notwithstanding any other provision of this section, a dog used by any state, county, city, or city and county law enforcement agency shall not be quarantined after biting any person if such bite occurred while the dog was being used for any law enforcement purpose. The law enforcement agency shall make the dog available for examination at any reasonable time. The law enforcement agency shall notify the animal services department within its jurisdiction if the dog exhibits any abnormal behavior.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A.

Spaying or neutering prior to adoption. No dog or cat shall be made available for adoption unless the dog or cat is spayed or neutered in accordance with California Food and Agricultural Code Sections 30503 and 31751.3 or is otherwise exempt pursuant to subsection B below.

B.

Spaying or neutering a dog or cat over the age of four months. No person within the city shall own a dog or cat over the age of four months that has not been spayed or neutered, unless valid written documentation is provided to show proof that the animal is exempt from the requirement to be spayed or neutered by reason of one of the following, and is in compliance with subsection C below:

The dog or cat is a breed approved by and is registered with a registry or association recognized by the city manager, whose program and practices are consistent with the humane treatment of animals, and the dog or cat is actively used to show or compete and has competed in at least one show or sporting competition

hosted by or under the approval of the recognized registry or association within the last two years, or is being trained or groomed to show or compete and is too young to have yet competed.

The dog is being trained or has been appropriately trained and is actively used in a manner that meets the definition of guide, signal or service dog as set forth in California Civil Code Section 54.1 or Penal Code Section 365.5, or the dog is enrolled in a guide, signal or service dog breeding program administered by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the California Business and Professions Code.

The dog is appropriately trained or is in the process of being trained and is actively used by law enforcement agencies or the military for law enforcement, military or rescue activities.

The owner of the dog or cat provides a letter to Animal Services from a licensed veterinarian certifying that either: the animal's health would be best served by spaying or neutering after a specified date, in which case a deposit as set forth in the city's fee schedule or by separate resolution shall be provided to ensure spaying or neutering by the owner after the specified date; or that due to age, poor health, or illness it is unsafe to spay or neuter the animal at any time. This letter shall include the veterinarian's license number and be updated periodically as necessary.

The dog or cat has been registered for breeding pursuant to this chapter.

C.

Unaltered dogs and cats. An unaltered dog or cat shall be implanted with an animal microchip identification device identifying the owner of the animal. The dog license application for an unaltered dog shall contain the information requested by animal services, including the identification number of the implanted animal microchip identification device, the name and address of the owner, and the location at which the dog will be maintained. A license for an unaltered dog shall not be transferable, and shall not be issued to any person under the age of eighteen years.

D.

Violations for not spaying or neutering. First time violators of this section shall be provided with a sixty day notice to comply prior to the issuance of a citation or the initiation of an enforcement action.

E.

Applicability: Time to spay or neuter a dog or cat. The provisions of this section shall become operative on the effective date of this ordinance. However, an unaltered dog that has a valid dog license from the city shall not be subject to this subsection until the dog license expires.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A.

It is unlawful for any person to breed any dog or cat within the city that is not registered with the city manager pursuant to this section, unless a conditional use permit has been obtained authorizing the operation of a kennel or breeding facility as required by the city's zoning ordinance.

B.

Any person required to register their animals for breeding shall register with Animal Services on forms approved by the city manager. The registration form shall include, at a minimum, the following information:

The name, address and telephone numbers of the dog or cat's owner;

The name, address and telephone numbers of the location where the dog or cat will be kept, if different than the name and address of the dog or cat's owner;

The description of the dog or cat, including breed, color, age, name and sex;

The date of immunization for the dog or cat;

The type of rabies vaccine administered to the dog or cat; and

The license number of the dog.

Registration information must be updated within thirty days of any changes.

C.

Violation. Failing to register a dog or cat for breeding, or failing to update registration information within thirty days of any changes, is a violation of this chapter subject to enforcement in the same manner as any other violation of the Municipal Code.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A.

No person shall display, sell, offer for sale, barter, or give away any kitten or puppy under eight weeks of age.

B.

No person shall display, sell, offer for sale, barter, or give away any dog or cat in any public street, alley, lane, sidewalk, or other public property or in front of any business not owned by him or her or at any swap meet.

C.

No person shall give away any dog or cat as a prize or as an inducement to enter into any contest, lottery, drawing, game, competition, place of business, or business arrangement.

D.

No person shall sell, barter, exchange or offer for adoption whether for compensation or otherwise any dog or cat to any minor under the age of eighteen years without the written permission of one of the minor's parents or legal guardians.

E.

No person shall sell, adopt or otherwise transfer any dog or cat in violation of any provisions of this chapter.

F.

These prohibitions shall not apply to:

Government agencies; non-profit animal rescue organizations exempt from taxation under Internal Revenue Code section 501(c)(3); or humane societies or societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110;

Permitted dog or cat shows; or

Permitted pet stores which sell or otherwise transfer dogs or cats, whether for compensation or otherwise, within the store.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

A.

Notwithstanding any other provision of the Municipal Code, no person shall allow any animal, whether with or without a leash (except in an enclosed vehicle), to be on any portion of a public street, alley, lane, sidewalk, or other public property used for a special event involving the closure of city streets. The city shall designate the boundaries of the special event at the time the street closure is authorized.

B.

Notwithstanding subsection A of this section, neighborhood block parties are exempt from this section and the council may, by resolution, exempt a special event from the prohibition set forth in this Section.

C.

The city shall cause to be posted during the special event signs evidencing the prohibition set forth in this Section at all street entrances to the special event, at each corner of the boundaries of the special event, and at intervals along the exterior boundaries of the special event of not more than five hundred feet.

D.

The city may condition street closure authorizations on meeting the requirements of this section.

E.

Private property owners and their agents within the boundaries of the special event area may post additional signs evidencing the prohibition set forth in this section.

F.

This section shall not apply to: (1) any guide dog, signal dog, service dog, or other animal individually trained to provide assistance to an individual with a disability; (2) dogs used by or under the authority of police or law enforcement agencies for law enforcement purposes; or (3) animals which are part of the special event or an exhibit at the special event, or horses used by or under the authority of police or law enforcement agencies for law enforcement purposes.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

It shall be unlawful for any person within the city to intentionally provide food, water, or other forms of sustenance to a feral cat or feral cat colony.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

It shall be unlawful for any person to feed any household or wild birds outdoors in a manner that creates: harmful health and/or sanitation conditions; destruction of property; unsightly or increased slipperiness of sidewalks; animal dependency; attraction of coyotes, squirrels, rats and/or other vermin; or otherwise

creates an unreasonable disturbance, such as noise, so as to disturb the peace and comfort of two or more persons of ordinary sensitivity from different surrounding households.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

Every person who owns, conducts, or operates a pet shop, pet store, pet dealer, commercial kennel, private kennel, boarding kennel, grooming parlor, animal menagerie, animal shelter, or horse establishment shall comply with all provisions of the Lockyer-Polanco-Farr Pet Protection Act (California Health and Safety Code Sections 122125 et seq., the Pet Store Animal Care Act; California Health and Safety Code Sections 122350 et seq.) or any similar laws that may be subsequently enacted, and all applicable provisions of this chapter.

(Ord. No. 370, §§ 1, 2, 3-11-2015)

Every person who owns, conducts, or operates a sentry dog company or business shall comply with the provisions of The Dog Act of 1969 (California Health and Safety Code Sections 121875 et seq.), any similar laws that may be subsequently enacted, and all applicable provisions of this chapter.

(Ord. No. 370, §§ 1, 2, 3-11-2015)