Chapter 7.12 — DOGS

* For statutory provisions regarding the authority of cities to impose an annual dog license fee, see Gov. Code §38792; for provisions regarding the authority of cities to seize and impound dogs found running at large, see Agric. Code §31101.

As used in this chapter:

A.

"At large" means off the premises of the owner, and not under the control of the owner or a member of his immediate family, either by leash, cord, chain or otherwise.

B.

"Dog" means both male and female.

C.

"Owner" means any person or persons, firm, association or corporation owning, keeping or harboring a dog.

(Ord. 77—1 §2(part), 1977).

A.

All dogs kept, harbored or maintained by their owners in the city shall be licensed and registered if over four months of age, and application shall be made within thirty days of acquiring such dog.

Dog licenses shall be issued upon payment of a license tax in an amount established by resolution of the city council. The owner shall state at the time application is made for such license, and upon forms provided for such purpose, his name and address, and the name, breed, color and sex of each dog owned or kept by him. Licenses shall be valid for the year, August 1st to July 31st, and shall be purchased annually. In addition thereto, the person seeking to register said dog or dogs shall at the time of such registration present to the city license collector sufficient and proper written evidence that the dog has been vaccinated by a fully licensed veterinarian against rabies within a period of twelve months prior to registration of the dog.

B.

The provisions of this section shall not be intended to apply to dogs whose owners are nonresidents temporarily within the city, nor to dogs brought into the city for the purpose of participating in any dog show, nor to "Seeing Eye" dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place.

(Ord. 83-04 §1, 1983; Ord. 77-1 §2(part), 1977).

Upon payment of the license fee, the clerk shall issue to the owner a license certificate and metallic tag for each dog so licensed. The shape of the tag shall be changed every year and shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate will be

issued by the clerk upon presentation of a receipt showing the payment of the license fee for the current year, and the payment of a fifty-cent fee for such duplicate.

Prior to the issuance of a license, a delinquency fee as established by council resolution shall be added to said fee and paid by each owner who fails to obtain a license within the periods allowed in Section

Dog tags shall not be transferable from one dog to another, and no refunds shall be made on any

dog license fee because of death of the dog or the owner's leaving the city before the expiration of the license period.

(Ord. 83-04 §2, 1983; Ord. 77-1 §2(part), 1977).

A.

Office Created; Appointment; Additional Duties. There shall be an animal control officer for the city appointed by the chief of police, to whom the animal control officer shall be responsible. The animal control officer shall perform such additional duties as are prescribed by the chief of police.

B.

Badge of Officer. The animal control officer, when on duty, shall wear an appropriate badge of office which shall be prescribed by the chief of police.

C.

Enforcement of Chapter. Unless otherwise specifically provided, the animal control officer of the police department shall have the duty and responsibility to enforce the terms of this chapter. The duly appointed and sworn animal control officer or Parlier police officers are hereby authorized to enforce the terms of this chapter and to arrest persons for violations thereof in accordance with the provisions of Section 836.5 of the California Penal Code.

(Ord. 77-1 §2(part), 1977).

No owner or keeper of any dog shall permit such dog to run at large, or permit same upon any street, highway, sidewalk, alley or in any other public place, unless the dog is on leash at all times.

(Ord. 77-1 §2(part), 1977).

It is the duty of the poundmaster and officers of the police department to capture and impound any dog within the city which is unlicensed, or which bears no license tag, or which is not restricted or confined as required by the provisions of Section 7.12.050.

(Ord. 83-04 §3, 1983: Ord. 77-1 §2(part), 1977).

Within seventy-two hours after the impounding of any dog, the poundmaster shall post at the office of the license collector in the city hall, a description of the dog, the time when and the place where the dog was picked up, the reason for impounding the dog and the time of posting a notice of impoundment. The period of impoundment shall start with the posting of the notice.

(Ord. 83-04 §4, 1983).

A.

The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid, and of all costs and charges incurred by the city for impounding and maintenance of the dog.

B.

The surrender of animal by owner to the animal control officer subsequent to impoundment for a violation of this chapter or any provisions of state law shall not relieve the owner of the obligation to pay such charges as set forth in this section prior to such surrender, plus the accumulated boarding charges or those applicable charges set forth in this chapter.

C.

Fees for impoundment, boarding and related costs of impounding shall be established by resolution of the city council.

(Ord. 83-04 §5, 1983: Ord. 77-1 §2(part), 1977).

A.

It is the duty of the poundmaster to keep all unredeemed, unlicensed dogs or dog bearing no license tag for a period of three days, except that those suffering from rabies, manage or other infections or dangerous disease shall not be released but may be destroyed. Thereafter the dog may be destroyed or sold.

B.

If any licensed dog, bearing a license tag, taken up and impounded under the provisions of this article is not redeemed within a period of six days, the poundmaster may, in his discretion, at any time thereafter, humanely destroy such dog or sell the same for cash at private sale without notice; provided, however, that the poundmaster shall mail a notice of such impoundment of such dog within three days after such dog is impounded, in a sealed envelope with postage thereon prepaid, directed to the licensee at the address shown by the application therefor on file in the office of the license collector.

(Ord. 83-04 §6, 1983: Ord. 77-1 §2(part), 1977).

No dog or dogs remaining unclaimed and held by the poundmaster of the city shall be sold, surrendered or given to any hospital or institution of learning for scientific purposes under any circumstances whatsoever, nor shall any official of the city nor any other person have any power or authority to so sell, surrender or give any dog mentioned to a hospital or institution of learning for scientific purposes. This section shall be effective so long as a contract between the city council and the county humane society remains in existence.

(Ord. 77-1 §2(part), 1977).

No person shall allow a dog in his custody to defecate or to urinate on public property or any improved private property other than that of the owner or person having control of the animal. It shall be the duty of all persons having control of a dog to curb such dog in order to carry out the intent of this section. Unsighted persons, while relying on a guide dog, shall be exempt from this section. If a violation of the above occurs, such person shall immediately remove any feces to a proper receptacle.

(Ord. 77-1 §2(part), 1977).

A.

No dog of fierce, dangerous or vicious propensities, and no female dog in heat, shall be allowed to run at large or upon the premises of one other than the owner thereof. For purposes of this section any dog which habitually attacks other dogs or animals or which has once bitten or otherwise physically attacked, without provocation, a human being, shall be conclusively presumed vicious. If any such dog is found running at large in violation of this section, it shall be taken up and impounded in the manner provided in this chapter. Any fierce, dangerous or vicious dog impounded pursuant to this section, if licensed, shall be disposed of in the manner provided in Section 7.12.080B, and if unlicensed, shall be disposed of in the manner provided in Section 7.l2.080A.

B.

Notwithstanding any other provision of this chapter, any vicious dog impounded pursuant to this section, may be disposed and destroyed unless the owner thereof requests a hearing within the period of notice provided in Section 7.12.080. In the event the owner requests hearing, and during the pendency thereof, any dog impounded pursuant to this section shall not be released.

(Ord. 86—14 §1, 1986: Ord. 77—1 §2 (part), 1977)

If a dog is believed to have rabies, or is bitten by a dog suspected of having rabies, such dog shall be confined by a leash or chain on the owner's premises and shall be placed under the observation of a veterinarian at the expense of the owner for a period of two weeks. The owner shall notify the poundmaster of the fact that his dog has been exposed to rabies and at his discretion the poundmaster is empowered to

have such dog removed from the owner's premises to a veterinary hospital and there placed under observation for a period of two weeks, at the expense of the owner.

(Ord. 77—1 §2(part), 1977).

Any person convicted of violating any provision of this chapter is guilty of an infraction and shall be punishable as set forth in Section 1.16.010 of this code.

(Ord. 02-02 §17, 2002: Ord. 77—1 §2(part), 1977).