Chapter 6.04 — ANIMALS

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following terms as used in this chapter are defined as follows:

"Animal" means and includes any domesticated animals, fowl or captivated wild animals.

"Animal control officer" means any person statutorily or contractually designated as the animal control officer for the city, and authorized to act in its behalf in the enforcement of the animal and rabies program.

"At large" means any animal not in an enclosed area, or not under restraint by leash, and/or not under the immediate and direct control of a responsible person.

Exceptions to the definition of "at large" are as follows:

a.

A hunting dog is to be presumed to be under direct control of its owner or custodian when performing the act of legally hunting game, upland or waterfowl or within the area or confines of its owner's or custodian's property.

b.

A stock or working dog is presumed to be under direct control of its owner or custodian when performing its herding duties within the area of confines of its owner's or custodian's property.

"Cat" means and includes all domesticated felines.

"Dog" means and includes all domesticated canines.

"Health department" means the health department of the county of Glenn.

"Health officer" means the Glenn County director of health services or any person duly authorized to act on his behalf.

"Hunting pack" means three to five hunting breed dogs used exclusively for running and hunting.

"Kennel" means any lot, building, structure, enclosure or premises where or wherein five or more dogs are kept or maintained for the sole purpose of breeding, training, selling, show, purchase or boarding and provided further that this definition of kennel shall not be construed as applying to a duly licensed veterinary hospital.

"Livestock" means and includes all domesticated bovine, equine, caprine, ovine, avian, poultry and rodent species.

"Owner" means any person of any age, a firm or corporation owning, harboring, having an interest in, and/or control or ostensible control, custody and/or possession of any animal.

"Person" means a person of any age, a firm, partnership, copartnership, association, company, corporation, estate, trust or organization of any kind.

"Pet shop" means an establishment operated by any person, firm or corporation where any live animals are kept for sale, barter, hire or trade.

"Pound" means and includes all places where impounded animals are to be confined.

"Public aquarium" means any place where fish or other aquatic animals are kept, maintained for public exhibit, sale or trade.

"Responsible person" means a person who can and does control and restrain the animal.

"Stock pack" means three to five working or stock breed dogs used for the purpose of herding or otherwise working livestock.

"Stray" means any livestock off the premises of its owner not under restraint and not in the immediate presence of the owner.

"Veterinarian" means a person licensed to practice veterinary medicine in California.

"Vicious animal" means any animal, dog or cat which shows a propensity to attack, bite, scratch or harass people or other animals without provocation.

"Working animals" means animals under the control of humans used in the movement of livestock, poultry, or in the taking of wild animals or fowls during the season established by the United States Government or the state, or in field trials, exhibitions or competitions.

(Ord. 2006-05 (part))

A.

The animal control officer and each of his deputies shall have and is vested with the authority of a public officer. Each animal control officer may, in the performance of his duties, enter upon any property pursuant to law, to ascertain if any of the provisions of this chapter or any state laws relating to disease, care, treatment, impounding or cruelty to animals are being violated. Each animal control officer may issue citations for the violation of the provisions of this chapter or any state laws in the manner prescribed by the city or by the agency contracting with the city for animal control services, and authorized to act in its behalf in the enforcement of the animal and rabies program.

B.

In performance of his duties, the animal control officer shall have the authority to employ the use of a tranquilizer gun and all lawful animal control devices in common use within the state.

(Ord. 2006-05 (part))

A.

The animal control officer, all deputy animal control officers and all deputy sheriffs shall have the power and duty to enforce the provisions of this chapter and the relevant provisions of the Penal Code and Agricultural Code of the state of California. Pursuant to Section 836.5 of the Penal Code, any of them may arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of the penal provisions of this chapter. In that capacity, they shall be empowered to make arrests for violations of this chapter and may release the arrested person upon the issuance of a citation as provided in Section 853.6 of the Penal Code.

B.

For the purpose of discharging his duties imposed by this chapter, the animal control officer and his deputies are authorized and directed to enter upon any enclosed or unenclosed property upon which the animal is kept or found in violation of the provisions of this chapter and to demand from the person owning or having charge or control of the animal, exhibition of the license and tag for such animal if it is required to be licensed by this chapter.

(Ord. 2006-05 (part))

The duties of the animal control officer shall be to:

A.

Operate or contract for public pound services within the county at such place or places as may be designated by the board of supervisors;

B.

Provide for the sale and issuance of licenses and to enforce all provisions of this chapter and all laws of the state relating to the control of dogs and other animals, domestic or wild;

C.

Keep a record of the number of all animals impounded, showing in detail in the case of each animal, the description, dates of receipt, the date and manner of disposal, the name of the person redeeming or purchasing, and the fees and charges and proceeds of sales received on account thereof, and such additional records as may be required by the board of supervisors;

D.

Take up and impound any stray animal or animals found at large on any public property;

E.

Take up and impound animals as prescribed by Section 6.04.090 of this chapter.

(Ord. 2006-05 (part))

Any person who finds any animal which has strayed or is running at large upon his own property or any other place contrary to the provisions of this chapter may take possession of and hold the same; provided, however, that he shall be obligated to notify the animal control officer or the sheriff of the fact that he has such animal in his possession within six hours after securing possession thereof, and give such animal control officer or sheriff full information in regard to the same, and surrender the same to the animal control officer upon demand. The taker-up shall provide adequate and proper care in conformance with the provisions of 597f of the Penal Code.

(Ord. 2006-05 (part))

It is unlawful within the incorporated areas of the city of Orland for any person owning, harboring or controlling any animal to:

A.

Abandon the animal in any incorporated area of this city;

B.

Permit the animal to run at large;

C.

Permit the animal to trespass on public or private property;

D.

Permit the animal to damage or destroy anything of value thereon, or to commit a nuisance thereon;

E.

Keep the animal when they know, or should know, that the animal is vicious;

F.

Permit the animal to threaten the safety of any person or animal;

G.

Permit a female dog which is in heat or estrus to be accessible to other dogs who are at large;

H.

Permit any animal to trespass on any lands whereon livestock or domestic fowl are kept;

I.

Permit any animal to worry or harass livestock or domestic fowl;

J.

Permit an animal to be staked or tied on any street, public or private, or other public place, or upon any private property where the animal could reach or threaten other animals, children or adults;

K.

Permit an animal to be staked or tied on any street, public or private, or other public place, or upon any private property with the consent of the owner or occupant thereof; provided, that this provision shall only be enforced upon complaint of an interested party;

L.

Refuse to display the animal to the animal control officer upon his reasonable request, together with a current license tag for such animal if such is required by this chapter;

M.

Refuse to obey the conditions of a lawfully imposed quarantine;

N.

In the case of a dog required to be licensed pursuant to this chapter, permit to remain attached to the dog a license issued by the county or any other county or city in the state for the current or immediately preceding year when the license was not issued for that particular dog;

O.

Permit any animal to be at large or be pastured or kept on any street or other public place or on private property against the wishes of the owner or occupant;

P.

Permit any animal to do any other act or thing which would in any manner or place result in injury to any person or the owner or occupant of any real or personal property;

Q.

Keep or harbor any dog or other animal, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys any number of persons or any neighborhood.

(Ord. 2007-07 § 3)

It shall be the duty of the animal control officer to take up within the city of Orland and impound:

A.

Any animal not having attached to its body a current license tag or brand where such is required by this chapter;

B.

Any animal when there is reason to believe the animal has been abandoned;

C.

Any animal at large;

D.

Any animal trespassing on public or private property;

E.

Any animal which has damaged anything of value;

F.

Any animal which has committed a nuisance;

G.

Any animal which is vicious;

H.

Any animal which threatens the safety of any person or other animal;

I.

Any female dog which is in heat or estrus and accessible to other dogs who are at large;

J.

Any animal trespassing on any lands whereon livestock or domestic fowl are kept;

K.

Any animal worrying or harassing livestock or domestic fowl;

L.

Any animal staked or tied on any street, public or private, or other public place, or upon any private property where the animal could reach or threaten other animals, children or adults;

M.

Any animal staked or tied on any street, public or private, or other public place, or upon any private property without the consent of the owner or occupant thereof;

N.

Any animal whose owner has refused to display the animal to the animal control officer upon his reasonable request, together with a current license tag for such animal if such is required by this chapter;

O.

Any animal whose owner has refused to obey the conditions of a lawfully imposed quarantine;

P.

Any animal required to be licensed pursuant to this chapter, whose owner has permitted to remain attached to the animal, a license issued by the county or any other county or city in the state for the current or immediately preceding year when the license was not issued for that particular animal;

Q.

Any animal found to be at large or be pastured or kept on any street or other public place or on private property against the wishes of the owner or occupant;

R.

Any animal which does any act or thing which would in any manner or place result in injury to any person or the owner or occupant of any real or personal property;

S.

Any animal, whether licensed or not, which by habitual howling, yelping, barking or other noise disturbs or annoys any person or any neighborhood;

T.

Any animal which has destroyed anything of value;

U.

Any animal when such taking up is necessary for the health and safety of the community;

V.

Any stray or animal at large in violation of any law of this state;

W.

Any animal when such impounding is necessary to facilitate investigation, prosecution or enforcement of this chapter or any other law of this county or state.

(Ord. 2006-07 § 3 (part); Ord. 2006-05 (part): former Section 6.04.130)

A.

Upon impounding any animal in accordance with this chapter, the animal control officer shall make a reasonably diligent effort to ascertain the name and address of the owner, either from the licensing records, in the case of a dog carrying a license tag, or from such other sources as the animal control officer may find. If the animal control officer can ascertain the name and address of the animal's owner, the officer shall notify the owner by telephone, and in any event within twenty-four (24) hours of the impoundment shall mail by certified mail a written notice of the impoundment. The notice shall state that the owner may redeem the animal within four business days (not counting the day the animal was picked up, weekends and legal holidays) of the date of the mailing of the notice; providing he pays all impoundment fees, and that if not redeemed within that time, the animal shall be placed in a bona fide home other than the owner's or humanely destroyed. If the animal's owner objects to the impoundment or refuses to redeem the animal within the same four business days (not counting the day the animal was picked up, weekends and legal holidays) from the date of impoundment or the date of mailing of the notice as in this section, whichever is later, the animal control officer shall advise the owner that he may forthwith request a hearing before the county hearing officer regarding the circumstances surrounding the impoundment. The hearing shall be held within five days of the filing of the request. At the conclusion of the hearing, the county hearing officer shall order disposition of the animal and may prescribe that the cost of the impoundment shall be borne either by the county, or the animal's owner, or apportioned between them.

B.

In no event shall any impounded animal be placed in a bona fide home or destroyed before the expiration of four business days (not counting the day the animal was picked up, weekends and legal holidays) of the date of the mailing of the notice from the date of impoundment or the date of mailing of the notice as in this section, whichever is later, except that the animal control officer may and he is authorized and empowered to forthwith destroy any impounded animal which is, by reason of injury or disease, dangerous to keep impounded, and report such fact to the owner, if known, and to the county hearing officer.

C.

The animal control officer shall determine which animals are placed for adoption (after the allotted holding time). If the animal control officer determines the animal is not suitable for adoption, it will be humanely destroyed.

(Ord. 2006-05 (part): former Section 6.04.150)

For the health, welfare and safety of children, any dog found at large, upon or near any schoolyard, bus stop, road, street, alley or highway where one or more children are gathered shall be forthwith seized by any peace officer or by the animal control officer or his deputies and impounded.

(Ord. 2006-05 (part))

A.

The animal control officer shall keep a record of all animals impounded by him or his deputies which shall show the date of impoundment, license tag number, if any, brand or ear mark, and if sold, name and address of the person by whom redeemed or purchased, the amounts of all fees and other moneys received or collected by him and the disposition thereof.

B.

The animal control officer shall keep such other records of impounded animals as may be required of him or as he shall deem necessary in the pursuance of his duties.

(Ord. 2006-05 (part): former Section 6.04.160)

A.

The animal control officer shall charge and collect fees for impounded animals when claimed. Such fees shall be prescribed by resolution of the city council, or as provided by contract with any person or organization contracting with the county for the maintenance of a public pound.

B.

Except as provided in subsection D of this section, any animal taken up and impounded pursuant to this chapter may be redeemed by the owner thereafter at any time prior to actual disposal of the animal upon the payment of all fees and costs as provided by the prescribed fee schedule and upon presentation of evidence that the animal is duly licensed where such is required. A signed declaration of ownership shall be prima facie evidence of ownership and shall justify release of the animal to the declared owner.

C.

The animal control officer shall charge and collect fees for the destruction of animals, for the placement of animals in bona fide homes or for other disposal when such service is requested by the owner of the animal; provided, however, that upon the animal control officer's written certification that such charges in a given case would probably result in the abandonment of an animal, he may accept such animal from its owner without charge. Such fees shall be prescribed by city council, or as provided by contract with any person or organization contracting with the county for the maintenance of a public pound.

D.

If the animal control officer, district attorney, sheriff or probation officer determines that any animal impounded under the terms of this chapter should be retained by the county to facilitate investigation, prosecution or other enforcement of this chapter or other county or state law, the animal control officer shall refuse to permit redemption of the animal until the need for retention no longer exists. The cost of such retention, but not including any damages claimed by the owner, shall, after attempted redemption by the owner, be borne by the county.

(Ord. 2006-05 (part))

A.

No person owning or having charge of any vicious animal shall permit such animal to be or remain upon any street or other public place in the city.

B.

No person owning or having charge of any animal that is infected with any disease transmissible to man or that constitutes a public health hazard shall knowingly permit such animal to be or remain within the city other than at an approved veterinary hospital.

C.

The animal control officer shall seize any animal he reasonably believes to be diseased, vicious or which is alleged to have bitten any person. He shall keep such animal in a safe place long enough to observe, examine and determine whether it is diseased or vicious so as to be a menace to public health or safety.

D.

Diseased or vicious animals which are a menace to public health or safety shall be destroyed.

(Ord. 2006-05 (part))

The keeping or harboring of any animal, whether licensed or not, which by habitual howling, yelping, barking or other noise, or is a habitual nuisance by reason of trespassing or disturbance or is damaging property, or is vicious or by its actions potentially vicious, or in any other manner causes undue annoyance, is unlawful. The animal control officer, if he finds such nuisance to exist, shall serve notice upon the owner or custodian that such activity constitutes a public nuisance and must be abated. If such nuisance is not abated within three days of service of the notice, the animal control officer shall impound the animal in accordance with Section 6.04.100 of this chapter.

(Ord. 2006-05 (part))

The keeping or harboring of any animal, whether licensed or not, which by habitual howling, yelping, barking or other noise or is a habitual nuisance by reason of trespassing, or disturbance or is damaging property, or is vicious or by its actions potentially vicious, or in any other manner causes undue annoyance is unlawful. Whenever it is affirmed in writing by five or more persons having separate residences in the neighborhood that any animal, whether licensed or not, which by habitual howling, yelping, barking or other noise or is a habitual nuisance by reason of trespassing, howling, barking or creating other noise or disturbance or is damaging property, or is vicious or by its actions potentially vicious, or in any other manner causes undue annoyance, the animal control officer, if he finds such nuisance to exist, shall serve notice upon the owner or custodian that such activity constitutes a public nuisance and must be abated. If such nuisance is not abated within three days of service of the notice, the animal control officer shall impound the animal in accordance with Section 6.04.100 of this chapter.

(Ord. 2006-05 (part))

Every person owning or having control, custody or possession of any dog within the limits of the city.

(Ord. 2006-07 § 3 (part): Ord. 2006-05 (part): former Section 6.04.020)

The animal control officer shall procure an appropriate supply of serially numbered dog license certificates and tags as may be sufficient for use during annual, biennial, or triennial licensing. The certificates and tags shall be effective for a period commencing on the first day of the month in which they are issued and continuing until the last day of the immediately preceding month of the first, second, and third succeeding year thereafter.

(Ord. 2006-05 (part): former Section 6.04.030)

A metallic tag and license certificate with corresponding numbers shall be issued and furnished by the animal control officer to any person upon payment of the fee prescribed by the city council. Each license certificate shall include descriptive identification of the dog for which the tag and certificate are issued, the name and address of the dog's owner, and the name and address of the veterinarian or veterinary facility that last vaccinated the dog for rabies. The tag and corresponding certificate shall constitute the license of the dog for which they are issued and shall be valid only for the period for which issued.

(Ord. 2006-05 (part): former Section 6.04.040)

A.

The annual, biennial, and triennial license fee for each dog over the age of four months shall be as set forth in the fee schedule prescribed by resolution of the city council.

B.

Upon presentation of proper proof of spaying or neutering, certified by a licensed veterinarian, the license fee shall be issued for one-half of less of the basic license fee, as set by the city council.

(Ord. 2006-05 (part): former Sections 6.04.050 and 6.04.080)

Whenever a tag issued for the then current period by the animal control officer or license collector, has been lost or stolen, the owner or possessor of the dog for which the same was issued may, upon the payment of the appropriate fee as set forth in the fee schedule prescribed by resolution of the city council, to the animal control officer and upon making and subscribing to any affidavit of such loss and filing the same with the animal control officer, receive a duplicate tag for such animal.

(Ord. 2006-05 (part): former Section 6.04.060)

The provisions of Sections 6.04.170 through 6.04.210 of this chapter shall not apply to any dog owned by or in the care or charge of a nonresident of the city who is traveling through the city or temporarily sojourning therein for a period not exceeding thirty (30) days, nor to any dog temporarily brought into the city for the exclusive purpose of being entered in a bench show or dog exhibition or for breeding purposes, provided such dog is so entered and not kept elsewhere in the city.

(Ord. 2006-05 (part): former Section 6.04.070)

The animal control officer shall keep a record of the name and address of each owner or person making payment of any license fee and to whom a certificate and tag have been issued and the number and date of such certificate and such tag.

(Ord. 2006-05 (part): former Section 6.04.080)

Every license tag issued pursuant to this chapter shall be securely fixed to a collar, harness or other device to be worn at all times on the neck of the dog for which the license is issued.

(Ord. 2006-05 (part): former Section 6.04.080)

No person shall fail or refuse to show to the animal control officer, any deputy animal control officer, or any deputy sheriff of the county, the license certificate and the tag for any duly registered dog kept or remaining within any home or upon any enclosed premises under his immediate control.

(Ord. 2006-05 (part): former Section 6.04.090)

No unauthorized person shall remove from any dog any collar, harness, or other device to which is attached a license tag for the current year, or remove such a tag therefrom.

(Ord. 2006-05 (part): former Section 6.04.100)

No person shall imitate or counterfeit the tags provided for in this chapter, or use any imitation or counterfeit of such tag.

(Ord. 2006-05 (part): former Section 6.04.110)

No person shall attach a license tag issued by this city or any other agency or jurisdiction for the current or immediately preceding period to a dog when such person knows or should know that the license tag was not issued for such dog.

(Ord. 2006-05 (part))

License certificates and tags issued pursuant to this chapter are not transferable.

(Ord. 2006-05 (part))

The following dogs are exempt from the requirement for a license:

A.

Dogs less than one hundred twenty (120) days old;

B.

Dogs licensed and vaccinated in other jurisdictions for a current valid period of license when such dogs have been re-registered with Glenn County and issued a license tag at one-half of the standard fee;

C.

Dogs on sale in a duly licensed pet shop;

D.

Dogs used for the purpose of leading persons with defective eyesight. Any blind person having custody and control of any seeing eye dog may file an affidavit biennially with the animal control officer. The affidavit shall contain the name and address of the blind person, the required description of the dog and the statement "I am blind. I have a Seeing Eye Dog." The applicant may deliver the affidavit and a current rabies certificate to the animal control officer who shall thereupon endorse the license receipt, "Blind Person. Seeing Eye Dog," and deliver the license tag without charge.

(Ord. 2006-05 (part))

Every owner of a dog over four months of age that resides or is otherwise kept in the incorporated area of the city shall cause such dog to be vaccinated for rabies with a state-approved vaccine administered by a duly licensed veterinarian.

(Ord. 2006-05 (part): former Section 6.04.210)

A.

Every dog owner whose dog has been vaccinated pursuant to the provisions of this chapter, Chapter 8.06, or Section 1920 of the Health and Safety Code or any amendments thereto, shall be issued a certificate of vaccination by the veterinarian that complies with the requirements of Section 2606.4(a)(2) of Title 17 of the California Code of Regulations. Such certificate shall be exhibited by owner to the animal control officer or any peace officer upon demand at any reasonable time.

B.

A license certificate and tag shall not be issued for any dog unless and until a copy of the certificate for the dog's current vaccination is received by the animal control officer.

C.

A copy of each certificate of vaccination issued by a veterinarian for a dog kept within the city shall be delivered to the animal control officer within thirty (30) days after the issuance thereof.

(Ord. 2006-05 (part): former Section 6.04.210)

The animal control officer shall ensure that all animals shall be isolated, quarantined and/or destroyed as prescribed under the provisions of Title 17 of the California Code of Regulations. The administration and enforcement will be in accordance with Sections 120435 through 121690 of the California Health and Safety Code.

(Ord. 2006-05 (part))

A.

Any person having knowledge of the whereabouts of an animal or the carcass of an animal known to have or suspected of having rabies shall immediately notify the animal control officer. Every person having any such information shall disclose the same after demand by the health officer or the animal control officer.

B.

When notified of the whereabouts of such an animal, the animal control officer shall notify the health officer who shall direct the animal control officer as to the immediate disposition of the animal in accordance with Sections 120435 through 121690 of the California Health and Safety Code and provisions under Title 17 of the California Code of Regulations.

(Ord. 2006-05 (part))

It is the duty of any person having knowledge that any dog or other animal has or is suspected of having bitten any human being within the county to report immediately that fact to the animal control officer or to the health department and to furnish complete information regarding the incident. In the event that the animal control officer secures information of the existence of any case of rabies or other animal disease

dangerous to human beings he shall immediately report the same to the health officer. The owner of any animal which has or is suspected of having bitten any person within the preceding fourteen (14) days shall immediately, upon demand, surrender such animal to the animal control officer for purposes of quarantine or confinement pursuant to Section 6.04.330 of this chapter. It is unlawful and a misdemeanor for any person having control, custody or possession of the animal, whether or not he is the owner of the animal, to fail to surrender such animal to the animal control officer upon demand, or to in any way hinder, interfere with or delay the animal control officer in the performance of his duties under the provisions of this chapter.

(Ord. 2006-05 (part))

A.

It is unlawful and a misdemeanor for the owner or keeper of any animal to violate any of the conditions of isolation or quarantine prescribed by the health officer, the animal control officer or their assistants.

B.

The costs of impounding any animal when such impounding is ordered by the health officer shall be a proper charge against funds budgeted for animal control; provided, however, that in the case of rabies where it cannot be proven that a dog so impounded has been vaccinated against rabies as required by law, then the owner of such dog shall pay all expenses of such impounding.

(Ord. 2006-05 (part))

A.

Any dog may be exempted from antirabic vaccination if its owner presents to the animal control officer a statement in writing from a licensed veterinarian that the dog is not in physical condition to be vaccinated or that antirabic vaccination would be detrimental, for a physiological reason, to such dog's health. Such written statement must be presented to and endorsed by the animal control officer within five days of the examination. The intent of this provision is to cover periods of actual illness and not to exempt animals because of age alone.

B.

Notwithstanding the provisions of this chapter, the provisions of the Health and Safety Code and California Code of Regulations of the state relating to rabies shall control when such provisions are more stringent than those provided in this chapter.

(Ord. 2006-05 (part))

Whenever the State Department of Public Health determines that a rabies epidemic exists in the county, a special additional dog license tax as provided in Sections 1912, 1913 and 1914 of the California Health and

Safety Code shall be imposed as provided therein.

(Ord. 2006-05 (part))

It shall be the responsibility of the animal control officer to arrange for dog vaccinations at clinics operated by veterinary groups or associations held at strategic locations throughout the county. No charge in excess of actual cost shall be made for any one vaccination at such clinic. No owner of a dog shall be required to have his dog vaccinated at a public clinic if the owner elects to have the dog vaccinated by a licensed veterinarian of the owner's choice.

(Ord. 2006-05 (part))

Every person who is the legal owner or actually in control of or operates a commercial kennel or pet shop, unless otherwise exempt, shall apply to and procure a kennel license for each biennium or any portion thereof from the animal control officer. Application for such kennel license shall be made on the form provided by the animal control officer. No kennel shall be hereinafter established unless the person proposing to act as kennel operator shall first apply for and receive a kennel license pursuant to this chapter.

(Ord. 2006-05 (part))

No original kennel license shall be issued unless and until the premises have been inspected and approved by the animal control officer or health department officer as meeting the appropriate standards set forth in Sections 6.04.430, 6.04.440 and 6.04.470 of this chapter.

No such inspection shall be a prerequisite to renewal of kennel or pet shop licenses, and the fact of such renewal shall not be construed as an approval of the conditions of the kennel or the manner in which it is operated.

(Ord. 2006-05 (part))

A.

The animal control officer shall issue a commercial kennel or pet shop license for the biennial years upon filing with him a properly completed application and upon payment of the prescribed fee.

B.

The fee for a kennel or pet shop license shall be as provided in the fee schedule prescribed by resolution of the city council.

(Ord. 2006-05 (part))

No original license for a kennel or pet shop, and no license for a hunting pack or stock pack of dogs shall be issued until the city manager has cleared the proposed license for compliance with Title 17 of this code.

(Ord. 2006-05 (part))

No kennel or pet shop license shall be issued unless the applicant therefor displays at the time of application certificates showing that all dogs permanently kept in the kennel or pet shop have been vaccinated against rabies.

(Ord. 2006-05 (part))

Any license which was properly issuable more than thirty (30) days prior to the actual date of issuance shall be subject to penalties prescribed in the schedule of fees adopted by resolution of the city council.

(Ord. 2006-05 (part))

At the time of issuance of a kennel license, the animal control officer shall issue a special kennel license tag to the licensee. No dog kept by the kennel shall be taken therefrom without having attached to its body a tag issued pursuant to this provision, unless the dog is otherwise licensed and has attached to it a tag issued pursuant to this chapter.

(Ord. 2006-05 (part))

All commercial kennels and pet shops shall be designed to provide adequate exercise areas and to permit the premises to be kept in a clean and sanitary condition; constructed so as to prevent animals confined therein from running at large; maintained that they will not cause detriment or nuisance in the immediate neighborhood. Periodic inspections of licensed kennels and pet shops shall be made by the animal control officer at such intervals as he deems necessary. Such inspections may also be made by the health officer or his designated agent at the request of the animal control officer or on his own initiative. Inspecting officers shall use reasonable caution to prevent contamination of any pet shop or kennel during inspection.

(Ord. 2006-05 (part))

A.

When, after inspection, conditions exist which the animal control officer or health officer believes are in violation of this chapter or state law and warrant the revocation of a commercial kennel or pet shop license, the animal control officer or health officer shall report such facts to the county hearing officer with a

recommendation that such permit be revoked. The licensee's refusal to permit reasonable inspection of the licensed premises by the animal control officer, or the failure to make the premises available for inspection after reasonable notice, shall constitute a valid ground for revocation.

B.

After receipt of such recommendation, and upon ten (10) days written notice of the time and place thereof, the county hearing officer shall hold a hearing on the recommendation and, at the conclusion thereof, may permit the continued operation under the permit or revoke the permit. Should the county hearing officer order the revocation of the permit, he may direct that no similar permit be issued to the licensee for a period not to exceed one year following the revocation. The licensee, animal control officer or health officer shall have the right of appeal to the board of supervisors from any decision of the county hearing officer by filing a written notice of appeal with the county clerk within ten (10) days of such decision. This section shall not be interpreted to limit any power granted to the animal control officer or the health officer under any other provision of law.

(Ord. 2006-05 (part))

The kennel or pet shop license issued as required by this chapter shall be conspicuously displayed upon the kennel or pet shop premises.

(Ord. 2006-05 (part))

Within thirty (30) days after the transfer of ownership of any kennel or pet shop licensed pursuant to this chapter, the new owner shall apply to the animal control officer for the transfer of the license to his name. Such transfer shall be made without charge by the animal control officer. The fact of the transfer shall not be construed as an approval of the condition of the kennel or the manner in which it is observed.

(Ord. 2006-05 (part))

Any person who owns or controls a pack of three to five hunting breed dogs for the exclusive purpose of hunting and running shall pay an annual license fee as set forth in the fee schedule, adopted by resolution of the city council, for such pack which shall be the license for all hunting dogs, regularly kept upon the premises and constituting such pack.

(Ord. 2006-05 (part))

Any person who owns or control a pack of three to five working or stock dogs for the purpose of herding or otherwise working cattle, sheep, or other livestock, shall pay an annual license fee as set forth in the fee schedule adopted by resolution of the city council for such pack, which shall be the license for all working dogs regularly kept upon the premises and constituting such pack.

(Ord. 2006-05 (part))

A.

No person shall have, keep, maintain, sell, trade or let for hire any wild, exotic, dangerous or nondomestic animal without first applying to and receiving special authorization from the animal control officer. The animal control officer shall not grant such authorization until the applicant demonstrates compliance with Chapter 2 (commencing with Section 2116) of Division 3 of the California Fish and Game Code. The keeping or maintaining of such animals shall also conform to the appropriate zoning code.

B.

The animal control officer may authorize the keeping or maintaining of any nondomestic, wild, exotic or dangerous animal when any such animal may be kept or maintained without endangering the safety of any person or property; provided, however, that the animal control officer may require any such animal to be properly caged, tethered or restrained, and he may make such additional requirements that may be necessary and proper under the circumstances. He may revoke such authorization when, in his opinion, the safety of any person or property is endangered by the keeping of any such animal.

C.

The provisions of this section shall not be applicable to licensed circuses, carnivals, zoos, or other collection of wild animals under jurisdiction of a city, county, state or federal government.

(Ord. 2006-05 (part))

A.

No person shall trap or capture wild animals of a species subject to rabies within the city for the purpose of selling the animal alive for profit unless the person files first with the animal control officer and the health officer a complete statement of such contemplated activities and thereafter complies with such rules and regulations relating to rabies control as may be prescribed by the animal control officer. Such person shall also comply with any and all state laws applicable to the trapping and possession of wild animals.

B.

Wild animals shall be either returned to their natural habitat or destroyed in the discretion of the animal control officer, but no disposition thereof shall be in violation of any law of this state providing for the protection or regulation of wild animals.

(Ord. 2006-05 (part))

A.

When any dog or other animal or fowl owned by or in the custody or control of any person dies in the city, such person shall within a reasonable time period provide for the burial, incineration or other disposition of the body of such dead animal or fowl in a safe and sanitary manner.

B.

Upon learning that the body of a dead animal located within the city has not been disposed of in a safe and sanitary manner or upon the request of the person in charge of such body, the animal control officer may upon payment of the prescribed fee dispose of the body immediately.

C.

The animal control officer shall collect a fee as provided in the fee schedule adopted by resolution of the city council to defray the costs incidental to removal and disposal of bodies of animals. The owner or person in charge of any dead animal shall pay the fee.

(Ord. 2006-05 (part))

A.

The animal control officer shall not be required to move and dispose of the bodies of dead animals, wild or domestic, on state or interstate highways or on state or federal property within the city.

B.

The animal control officer may remove and dispose of the remains of dead animals on city-owned property.

C.

The actual costs incurred by the animal control officer in removing and disposing of remains of dead animals pursuant to this section shall be charged against the owner or keeper of the animal, if known.

(Ord. 2006-05 (part))

No person, except a peace officer or animal control officer in the performance of his duty, shall tease any animal. No parent shall allow or knowingly permit a minor child to incite any animal to vicious acts or to tease any animal.

(Ord. 2006-05 (part))

It is unlawful for any person to resist, hinder or obstruct the animal control officer or the health officer or any of their deputies in the exercise of their duties as imposed by this chapter.

(Ord. 2006-05 (part))

A.

The city council may enter into a joint exercise of powers agreement with the county board of supervisors, whereby such services as are provided to the unincorporated areas of the county may be rendered and extended to the city of Orland.

B.

The city council may contract with the county for performance of the city's animal control or rabies control function, or both, pursuant to Chapter 1 (commencing with Section 51300) of Part 2 of Division 1 of Title 5 of the Government Code.

C.

Any agreement entered into pursuant to subsection A or B of this section shall include, at a minimum, a description of the services to be provided by county officers and employees acting on behalf of the city (including the licensing of dogs pursuant to this chapter), a provision for the amount, manner and timing of payment of compensation to the county, and provisions for adequate notice to be given by the county or city for any termination of the agreement.

(Ord. 2006-05 (part))

No person shall keep, have, maintain or protect upon his or her premises, or any premises or lot within the city, any apiary or colony, hive, cluster, or swarm of stinging insects other than bees pursuant to the following provisions:

A.

Noncommercial bee keeping: Any person keeping bees for noncommercial purposes ("hobby" bee keeping) shall obtain a zoning clearance from the city planner and shall sign an affidavit certifying that the owner/occupant understands and agrees to comply with the following requirements:

Any owner/occupant of a lot within any zoning district containing at least six thousand (6,000) square feet of lot area and containing an occupied residential dwelling or non-residential structure may keep up to a maximum of three colonies of bees. Each colony shall be housed within an enclosed hive structure.

Hives shall be comprised of a combination of brood chamber and supers which do not exceed six feet in height above ground level, including any stand or rack upon which the hives are placed.

Hives shall be registered with the Glenn County Agricultural Commissioner's Office pursuant to California Food and Agricultural Code § 29040.

Minimum six foot tall flight dispersion barriers (e.g. solid fences, walls, and/or edges) shall be maintained in a good condition to the satisfaction of the city.

An appropriately sized water source for the exclusive use of the colony(ies) shall be maintained on the same property where the colonies are kept. In the event there is a natural or artificial water source on an abutting residential property, the colonies must be positioned nearer to the on-site water source than the off-site water source.

Applicants shall provide a site plan and other information determined necessary by the city to determine compliance with this section.

No person shall willingly and knowingly keep Africanized bees.

Exhibition hives in public spaces, hives located internal to an enclosed building and/or educational demonstration hives may be utilized and are exempt from these provisions.

B.

Commercial bee keeping. The keeping of bees for commercial purposes shall not be permitted inside of the city limits of the city of Orland.

(Ord. No. 2020-03)