Porterville Municipal Code Art. II Licensable Animals

Every owner of a licensable animal within the city shall secure a license from a police department facility for each licensable animal within the time limits set forth in this chapter. It shall be unlawful for any owner to fail to secure said license in accordance with the provisions of this chapter. A license need not be secured for a licensable animal which is brought into the city by its visiting owner or for the purpose of being entered in a show or exhibition, provided that the owner of such animal provides proof of current license and/or current rabies vaccination from the jurisdiction of origin, and the animal is removed from the city limits no more than thirty (30) days after entry. (Ord. 1824, 6-16-2015)

It has been shown that mandatory spaying/neutering proves to be effective in reducing the population of animals in cities. By requiring mandatory spaying/neutering, the police department is working to reduce the number of euthanizations conducted in the city of Porterville each year. Spaying/neutering has been shown to be effective in reducing animals running at large and also reduces aggressive behavior in animals. As an additional benefit, this requirement will cut costs to the community in managing the pet population.

A. Requirement For Unaltered Animals: No person may keep, own or harbor an unaltered dog over four (4) months of age within the city limits, unless an unaltered license has been properly obtained. An owner or custodian of an unaltered dog must have the animal spayed or neutered or obtain an unaltered license in accordance with the exceptions to the spay/neuter requirements as described in subsection B of this section.

B. Unaltered Animal License: An owner or custodian of an unaltered dog over the age of four (4) months must obtain an annual unaltered animal license. The license shall be issued only if the department has determined that all of the following conditions have been met:

1. The owner or custodian has submitted the required application for the license and the applicable fees for the license have been paid in accordance with the fee schedule as set by resolution of the city council.

2. The animal meets one or more of the following exemptions:

a. An animal unable to be spayed/neutered without a high likelihood of suffering serious bodily harm or death due to age or infirmity, which is confirmed in writing from a licensed veterinarian.

b. A competition animal as defined in this chapter.

c. A service animal which shall include, but not be limited to, assistance dogs, guide dogs, signal dogs, police dogs, search and rescue animals, or other service animals as defined by applicable state or federal law, or is being trained for such use.

d. An animal associated with a licensed kennel within the city for breeding purposes. (Ord. 1824, 6-16-2015)

An application for a license required by this chapter shall be filed with the police department. Upon payment of the required fee and upon compliance with the other requirements of this chapter, a license shall be issued. The application shall contain a description of the animal including age, sex, color, and breed of the animal, and the name and address of the owner. The license shall contain a serial number and such other information as the police department may determine. The police department shall keep a copy of the application on file. With each license issued, the police department shall also issue a tag that shall bear the words "City of Porterville" and the serial number on the animal license. The tag shall be securely worn by the animal for which the license was issued. (Ord. 1824, 6-16-2015)

A. An owner of a licensable animal shall secure a license for the animal within thirty (30) days after he/she acquires ownership of the animal. However, if a licensable animal is less than four (4) months of age when the owner acquires it, the owner shall secure a license for the animal within ten (10) days after the animal becomes four (4) months of age.

B. Any person who enters the city and resides in the city for a period of thirty (30) days or more, and who has brought a licensable animal with him/her from outside the city, shall secure a license for the animal within thirty (30) days after the person first enters the city. (Ord. 1824, 6-16-2015)

A. A license for an animal shall not be issued unless the owner of the animal presents a certificate signed by a veterinarian or other professional as authorized pursuant to applicable state law showing that said animal has been vaccinated against rabies. The certificate shall indicate that the period of time elapsing from the date of the vaccination to the date of expiration of the license does not exceed thirty six (36) months in the case of vaccination with live virus rabies vaccine or eighteen (18) months in the case of vaccination with killed virus rabies vaccine, as those types of vaccines are defined in section 2606 et seq., of chapter 17 of the California code of regulations. During any period when the city is designated as a rabies area pursuant to sections 121575 - 121710 of the Health And Safety Code of the state of California, no killed virus vaccine shall be used other than a vaccine of bovine nerve tissue origin.

B. Every duly licensed veterinarian or other authorized professional, after vaccinating any animal owned by a resident of the city of Porterville, shall sign a certificate containing the following information pursuant to sections 121575 - 122374 of the Health And Safety Code:

• 1. The type of vaccination used.
• 2. The date of the vaccination.
• 3. The breed, age, color, and sex of the vaccinated animal.
• 4. The serial number of the vaccination tag issued.
• 5. The name and address of the owner of the animal.

C. The veterinarian or other authorized professional shall immediately present the original vaccination certificate to the owner of the animal, and shall deliver the duplicate copy to the police department. The veterinarian or other authorized professional shall keep a copy. (Ord. 1824, 6-16-2015)

Animal licenses shall be issued for all licensable animals older than four (4) months of age at intervals not less than one year and not more than three (3) years. Commencing on the first day of the month after a license period lapses, the police department shall collect a delinquent penalty, in addition to the regular license fee, before issuing any license. The delinquent penalty shall be in an amount equal to the regular license fee as set forth in the fee schedule. (Ord. 1824, 6-16-2015)

The license fee for each licensable animal shall be established by a resolution of the city council as adopted in a fee schedule. (Ord. 1824, 6-16-2015)

Any other provision of this chapter notwithstanding, it shall be at the discretion of the police department regarding whether or not there will be a charge for the annual licensing of a service animal as described by this chapter. Proof of such use or training shall be provided by the applicant at the time of license application in a form satisfactory to the police department, pursuant to sections 365.5 and 365.7 of the Penal Code. (Ord. 1824, 6-16-2015)

If a licensable animal is too ill to be vaccinated against rabies at the time that the time limits set forth in this chapter expire, then the date for securing the license is extended until thirty (30) days after the date on which the animal is well enough to be vaccinated, and no delinquent penalties shall be charged for issuance of the license during said thirty (30) day period. However, an extension of time shall not be granted pursuant to this section unless the application for the license is accompanied by a certificate signed by a veterinarian setting forth facts which show that the licensable animal comes within the provisions of this chapter. (Ord. 1824, 6-16-2015)

Whenever a tag issued for the current period has been stolen or lost, the owner of the animal for which the tag was issued may, upon the payment of a fee to the police department, receive a duplicate tag. The fee for a duplicate tag shall be set by resolution of the city council as adopted in a fee schedule. (Ord. 1824, 6-16-2015)

The license and tag issued pursuant to this chapter may be transferred when the ownership of the animal is transferred. The new owner or the previous owner of the animal shall notify the police department in writing of the change in ownership of the animal and the name and address of the new owner. If such written notice is not given, the police department shall send all required notices concerning said animal to the person whose name and address are on file with the police department. (Ord. 1824, 6-16-2015)

It shall be unlawful to possess a licensable animal in the city limits without the tag issued pursuant to this chapter being securely affixed to the animal by means of a collar, harness, or other suitable device. It shall be unlawful for any person to affix the tag required by this chapter to any animal except the animal for which it was issued and it shall be unlawful for the owner of an animal to allow the animal to wear a tag other than the tag issued for the current period. (Ord. 1824, 6-16-2015)

A. The police department shall have the power to summarily and immediately impound any animal where there is evidence it has attacked, bitten, or injured any human being or other animal, or where there is evidence that an animal has acted in a threatening manner toward any human being, has exhibited characteristics of being trained for fighting or attacking, or there is other evidence to show such training or fighting, pending any court proceeding or animal license or animal permit revocation proceeding arising from the attack, bite, or injury, or pending a hearing pursuant to sections 5-3.11 and 5-3.12 of this chapter. The police department may enter and inspect private property to enforce the provisions of this section. Failure to surrender to the police department upon demand an animal which is being impounded pursuant to this section is a misdemeanor. The police department shall also, as soon as reasonably possible, notify the bite victim of the rabies vaccination status of the biting animal.

An animal wearing a current license tag, impounded pursuant to the authority of this chapter, shall be returned to the owner or custodian as provided by this chapter when it is no longer required as evidence or considered to be vicious by the police department. Once the owner is notified the animal is to be returned, he/she has six (6) business days, not including the date of notification, to retrieve the animal.

An animal not wearing a license tag, impounded pursuant to the authority of this chapter may be destroyed in accordance with applicable state and federal laws, if within six (6) business days after being impounded, not including the date of impoundment, the owner has failed to make application to redeem the animal. If, within six (6) business days after being impounded, not including the date of impoundment, the owner has applied to redeem the animal, then the animal shall be returned to the owner as provided by this chapter, or when it is no longer required as evidence or considered to be vicious by the police department, and the owner has also satisfied all licensing requirements.

B. In lieu of impound, the police department may permit the animal to be confined at the owner's or custodian's expense in a licensed kennel or veterinary facility approved by the police department, or at the owner's or custodian's residence, provided that the owner or custodian:

1. Shall not remove the animal from the kennel or veterinary facility without the prior written approval of the police department.

2. Shall make the animal available for observation and inspection by the police department.

C. The police department may have an animal impounded or confined as provided in subsection A or B of this section, permanently identified by means of photo identification prior to release from impound or confinement. (Ord. 1824, 6-16-2015)

Within two (2) days after an animal which is wearing a license tag is impounded, the police department shall contact the owner by phone or in person at the address shown on the application for the license on file, and advise the owner of the procedure whereby he/she may apply to regain custody of the animal. If the owner cannot be contacted within the first two (2) days of impoundment, the police department shall mail a written notice of the impoundment to the mailing address on file for the owner. (Ord. 1824, 6-16-2015)

A. The owner of any animal impounded, other than pursuant to this chapter, may redeem the animal at any time prior to its adoption, transfer to an animal rescue, or destruction. The owner desiring to redeem an animal shall deliver to the police department an application for redemption and a statement in a form prescribed by the police department which shall contain a description of the animal to be redeemed, the name and address of the owner, and the statement that he or she is the owner of the animal. The police department shall issue to the owner a written statement containing the name and address of the owner, a description of the animal redeemed, the date on which the animal was impounded, and the accrued fees to be paid by owner, and said statement shall serve as a certificate of redemption and receipt for the fees paid.

B. The owner of any animal impounded pursuant to this chapter may redeem the animal pursuant to subsection A of this section only after seventy two (72) hours from impoundment if he or she has not received notice that the animal has been declared a dangerous animal and of the right to a hearing pursuant to this chapter or if, after a hearing, an order is made to return the animal to the owner. (Ord. 1824, 6-16-2015; Ord. 1833, 6-21-2016)

The owner of an animal which has been impounded shall pay to the police department an impounding fee and shall also pay a fee for keeping said animal for each day, or portion thereof, which said animal has been impounded unless the amount required to keep the animal is higher in which case the owner shall pay the actual cost of keeping the animal. The owner may also be charged for actual costs of veterinarian fees, medications and vaccinations associated with the care of their animal while said animal is under the care and custody of the police department. Impoundment and associated fees will be set by resolution of the city council as adopted in a fee schedule. (Ord. 1824, 6-16-2015)

A. Unless an animal has been claimed within seventy two (72) hours after being impounded, or within ten (10) days for a licensed animal, not including the date of impoundment, or unless it is being held for evidence in a hearing pursuant to sections 5-3.11 through 5-3.13 of this chapter, it may be made available for adoption or rescue by the police department to a person other than the owner. No animal which has been declared a dangerous animal pursuant to sections 5-3.11 through 5-3.13 of this chapter shall be made available for adoption or rescue pursuant to this section nor shall any animal which has been impounded pursuant to section 5-2.13 of this article and subsequently found not dangerous but improperly trained, handled, or maintained be made available for adoption or rescue.

B. An animal may be humanely destroyed in accordance with state laws by the police department if within seventy two (72) hours of impoundment, or within ten (10) days for a licensed animal, not including the date of impoundment, the owner has failed to make an application to claim the animal.

C. All animals coming into the jurisdiction of the police department animal control unit shall be screened for a license tag, microchip, or any other means of locating the owner. After all efforts have been made to locate the owner, the animal will be handled pursuant to subsections A and B of this section.

D. All animals voluntarily surrendered by their owner will be handled in accordance with subsections A and B of this section.

E. When an animal is adopted pursuant to the provisions of this chapter, the police department shall deliver to the person adopting said animal a contract containing a description of the animal, the date of transfer, and the terms of the adoption and the amount of fees paid. Upon the proper adoption of an animal, the previous owner of the animal shall thereafter be barred from all rights to recover the animal. (Ord. 1824, 6-16-2015; Ord. 1833, 6-21-2016)

The police department shall not release any licensable animal to its owner until such time as the owner provides proof of application for license in the jurisdiction of their residence. (Ord. 1824, 6-16-2015)

It shall be unlawful for any person to remove from a licensable animal the attached license tag for the current period. (Ord. 1824, 6-16-2015)

It shall be unlawful for any person to refuse to show police department employees, on request, the license certificate and/or the tag for any licensable animal kept on the premises under their control. (Ord. 1824, 6-16-2015)

It shall be unlawful for a person to keep an animal which has been found to be a dangerous or vicious animal pursuant to this chapter, or any other jurisdiction. (Ord. 1824, 6-16-2015)

It shall be unlawful for the owner to allow or permit any animal to habitually or repeatedly attack, chase, molest or frighten pedestrians, cyclists, vehicles or other users of the public rights of way or roadways. (Ord. 1824, 6-16-2015)

It shall be unlawful for the owner or other person in lawful possession or control of an animal to allow or permit the animal to run at large upon any property, public or private, except with the consent of the property owner, or in a park or other area designated specifically for such activity. Every animal found running at large in violation of the provisions of this section may be seized and impounded and/or the responsible person may be issued a citation for said violation. (Ord. 1824, 6-16-2015)

It shall be unlawful for the owner or handler in lawful possession or control of a dog to walk the dog on any public place or right of way without the dog being secured or tethered by a fixed length leash not to exceed six feet (6'), and the number of dogs shall not exceed the number of dogs the owner or handler can reasonably and safely control and in no circumstance shall the number of dogs exceed three (3). (Ord. 1824, 6-16-2015)

It shall be unlawful for any owner or caretaker of a dog to keep said dog in the city limits which by loud or excessive barking, howling, whining, crying, yelping, or making any other noise disturbs the comfort, quiet, or peace of any neighborhood or any person at any time, provided the owner has been made aware of the disturbance by the police department. (Ord. 1824, 6-16-2015)