6.04 — ANIMAL CONTROL

The ordinance codified in this title may be cited and referred to as "The Animal Control Ordinance."

(Prior code § 4100)

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:

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

"Animal menagerie" means a place where wild animals are kept or maintained for any commercial purpose, including places where wild animals are boarded, trained, or kept for hire.

"Animal shelter" means a place where all animals impounded by the department of animal care and control are placed for their humane care and keeping.

"Approved canine rabies vaccine" means a canine rabies vaccine which is approved for use by the State Department of Public Health.

"At large" means an animal off the premises of its owner, unless such animal is securely confined by a strong leash securely and continuously held by the owner of such animal, or confined within an automobile.

"Cat" means any cat of any age, female as well as male.

"Cat kennel" means any lot, building, structure or premises wherein four or more cats over the age of four months are kept or maintained for any purpose.

"City official" means the city manager or his or her authorized assistant.

"Director" means the director of the department of animal care and control.

"Dog" means any dog of any age, female as well as male.

"Dog kennel" means any lot, building, structure or premises wherein four or more canine animals over the age of four months are kept or maintained for any purpose.

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

"Impounded." If any animal, pursuant to this title or any state statute, has been received into the custody of any animal shelter, such animal will have been "impounded," as that word is used in this title.

"Owner" means any person, firm or corporation having an interest in, or having control or custody or possession of any animal.

"Person" means any firm, partnership, corporation, trust, association or person.

"Pet shop" means any place of business where dogs under four months of age, or cats, monkeys, birds, reptiles, fish, or any other animals to be used as pets, are kept for sale.

"Unlicensed dog" means any dog for which the license for the current year has not been paid, or to which the tag for the current year, as provided in this title, is not attached.

"Wild animal" means any wild, dangerous or nondomestic animal, including, but not limited to, mammals, fowl, fish or reptiles.

(Prior code § 4107, (A), (C)—(S))

As used in this title:

• A. The present tense includes the past and future tenses, and the future the present.

• B. Each gender includes the other gender.

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

D. "Shall" is mandatory and "may" is permissive. (Prior code §§ 4102, 4103 and 4107(B))

Whenever any reference is made to any portion of this title, such reference applies to all amendments and additions thereto now or hereafter made. (Prior code § 4101)

Whenever a power is granted to, or a duty is imposed upon the director of animal care and control 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.

(Prior code § 4104)

Whenever provision is made in this title for the payment of fees, such fees shall be those which the city council from time to time approved, by resolution or minute order. (Prior code § 4106)

Any person violating any of the provisions of this title is guilty of a misdemeanor punishable by a fine of not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person is guilty of a separate offense for every day during any portion of which any violation of any of the provisions of this title is committed, continued or permitted by such person, and shall be punished therefor as § 4105)

Article II

Department of Animal Care and Control

The department of animal care and control, under the administrative management of the director, and the office of the director, are hereby established. (Prior code § 4108)

The director of animal care and control shall be vested with the necessary police powers and duties of a police officer for the exclusive purpose of enforcing the provisions of this title, and it shall be his or her duty to make arrests and issue citations for violations of any of the provisions of this title. The director of animal care and control shall enforce all of the laws of the city, county and state relating to the care, treatment and impounding of dumb animals, and to the prevention of cruelty to dumb animals.

(Prior code § 4109)

It is made the duty of the director of animal care and control to enforce any other sections of this title, whether enumerated as a duty or not. (Prior code § 4110)

It shall be the duty of the director of animal care and control to enforce those sections of the Penal Code of the state pertaining to the inhumane treatment of dumb animals, and to take possession of animals so abandoned or neglected, and care for or dispose of same as provided for in the Penal Code or this title.

(Prior code § 4113)

The director of animal care and control, or his or her deputy animal care and control officers, or any police officer, are authorized to enter upon any premises upon which any animal is kept, for the purpose of taking up, seizing or impounding any animal found running at large, or staked, herded or grazing thereon, contrary to the provisions of this title, for the purpose of ascertaining whether such animal is licensed, as provided in this title, or determining whether any regulation or law of the state relating to the care, treatment or impounding of dumb animals, or to the prevention of cruelty to dumb animals, is being violated, provided there is probable cause to believe there is such violation, and provided that, except in cases of emergency or where necessary to complete a pursuit initiated outside the premises, such entry shall be performed pursuant to a valid inspection warrant issued pursuant to the California Code of Civil Procedure, Sections1822.50 et seq.

(Prior code § 4112)

No person shall rescue or attempt to rescue any animal mentioned in this title from the possession of the director, nor interfere with the director or any of his or her deputies, in the performance of their official duties.

(Prior code § 4111; Ord. 809 § 1, 1992)