Chapter 6.04 — GENERAL PROVISIONS

This title shall be known as "the animal ordinance."

(Ord. 4384 § 1.01, 1956)

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

A.

"Animal" includes any beast, poultry, bird, reptile, fish or any other dumb animal.

B.

"At large" means in or upon any public street, alley or other public place or in or upon any unenclosed lot or premises, unless a dog is securely confined by a strong leash securely and continuously held by the owner of such dog, or confined within an automobile.

C.

"Cat kennel" means any place where 5 or more feline animals are kept or permitted to remain.

D.

"Corral" means any enclosure or barrier designed or intended to be used to restrict the movement of oxen, steers, bulls, cows, horses, colts, jacks, mules, calves, sheep, goats, or any similar animal, or any animal commonly referred to as a "wild specie."

E.

"Dog" includes female as well as male dogs.

F.

"Dog kennel" means any lot, building, structure, enclosure or premises wherein 5 or more canine animals 4 months of age or older are kept or permitted to remain or where any dog gives birth to 2 or more litters within a 12-month period.

G.

"Fertilizer" means any chemical product, decomposed vegetable matter or commercially-treated animal waste matter, but shall not include manure or other animal waste matter in untreated form.

H.

"Horse" includes mule, burro, pony, jack, hinny or jenny.

I.

"Owner" means any person, licensee, partnership or corporation owning, maintaining, permitting, keeping or harboring 1 or more dogs, or the custodian thereof. An animal shall be deemed to be harbored if it is fed, sheltered or allowed to remain on the owner's premises for 3 consecutive days or more. For the purposes of this chapter, any dog owned by a guard dog service shall be deemed to be owned by both the guard dog service and the person, partnership or corporation utilizing the dog's services.

J.

Whenever any reference is made to any portion of this title such reference applies to all amendments and additions thereto now or hereafter made.

K.

The present tense includes the past and future tenses and the future, the present. Each gender includes the other gender.

L.

The singular number includes the plural and the plural, the singular.

M.

Whenever a power is granted to, or a duty is imposed upon the poundmaster or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this title expressly provides otherwise.

(Ord. 6253 § 2, 1988; Ord. 4661 § l(a), (b), (c), 1964; Ord. 4384 § 1.02, 1956)

The amount of any registration fee imposed by this title is deemed a debt to the city, and any person keeping any dog or horse without having obtained a registration certificate so to do from the city shall be liable to an action in the name of the city in any court of competent jurisdiction for the amount of the registration fees and penalties imposed and required by this title to be paid for the privilege of keeping such dog or horse; and it shall be the duty of the poundmaster to cause a complaint to be filed against any person violating any of the provisions of this title, and to cause an action to be brought against any person failing to pay any registration fee or penalty required by the provisions of this title for the recovery of the same. Such action shall be cumulative and shall not be deemed a bar to, or a waiver of, the right of the city to prosecute any person for a violation of this chapter or any other applicable provision of this title.

(Ord. 4384 § 5.08, 1956)

A.

Any tax, fee or penalty hereafter paid more than once, or hereafter illegally, erroneously or wrongfully paid or collected under this title may be refunded by order of the legislative body of city, provided that a claim therefor, duly verified by the person making such payment, his attorney, duly authorized agent, guardian or his executor or administrator, shall have been filed with the legislative body of city within 6 months after the date of payment of the amount sought to be refunded; such claim shall include the name and address of the claimant, the amount and date of the payment sought to be refunded, and the reasons or grounds upon which the claim for refund is based. In no case shall any judgment be rendered for the plaintiff in any proceeding brought to enforce the payment of any claim arising hereunder if such action or proceeding is brought by any person other than the persons designated herein.

B.

Notwithstanding the provisions of subsection A, the following taxes, fees or penalties may be refunded by the director of finance within 6 months after the date of payment if:

Paid more than once, or illegally, erroneously or wrongfully paid or collected under this title;

The amount paid exceeds the amount due by reason of clerical error or incorrect information supplied by the taxpayer; and

In any other case where the amount to be refunded is less than $25.00.

(Ord. 5100 § 1, 1973: Ord. 4384 § 5.085, 1956)

Any person, firm or corporation violating any of the provisions of this title is deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the city jail for a period of not more than 6 months, or by both such fine and imprisonment. Each such person is deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person, firm or corporation and shall be punishable therefor as provided by this title.

(Ord. 4384 § 5.14, 1956)

No provision of this title shall limit the power of the health officer to take, capture, kill, or otherwise destroy any nonprotected animal in accordance with the provisions of the Fish and Game Code, Agricultural Code, or the Health and Safety Code of the state.

(Ord. 5393 § 1, 1978)