Red Bluff Municipal Code § 4.1 Animal Control Officer; Appointment and Duties

There shall be the Animal Control Officer for the city appointed by the City Manager. The Animal Control Officer shall be responsible to and perform the duties as shall be prescribed by the Chief of Police.

(`61 Code, § 4.1) (Ord. 703, passed 10-19-1982)

The Animal Control Officer, when on duty, shall wear an appropriate badge of office, which shall be prescribed by the Chief of Police.

(`61 Code, § 4.2) (Ord. 703, passed 10-19-1982)

Unless otherwise specifically provided, the Animal Control Officer or 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 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 California Penal Code § 853.5.

(`61 Code, § 4.3) (Ord. 703, passed 10-19-1982)

The powers and duties of the Animal Control Officer are as follows:

(A) To enforce the laws of the state relating to the care, treatment and impounding of animals;

(B) To maintain and keep an animal shelter or other place where all animals, which are subject to be impounded, may be kept and safely held and provided with proper and sufficient food and water;

(C) To take up, impound and safely keep an animal found to be in violation of the provisions of the chapter;

(D) To collect any costs or charges provided in this chapter for the impounding and keeping of any animal; and

(E) With proper authorization to enter upon any premises upon which any animal is kept for the purpose of taking up, seizing or impounding any animal found to be in violation of any of the provisions of this chapter or for the purpose of determining whether the animal is licensed or is violating the provisions of this chapter.

(`61 Code, § 4.4) (Ord. 703, passed 10-19-1982)

(A) The Animal Control Officer shall keep any animal impounded for violation of the provisions of this chapter or turned over to him or her for disposal for the period of time hereinafter specified and may dispose of the same in accordance with the following provisions.

(1) Unlicensed dogs. Unless an unlicensed dog shall have been redeemed within 72 hours after being impounded, it may be sold by the Animal Control Officer, provided that the purchaser shall not be given possession of any dog until he or she has paid a license fee for the same and has paid the fees as are required for redemption. At any time after the expiration of the period, the Animal Control Officer may destroy it in a humane manner.

(2) Licensed dogs. Unless a licensed dog shall have been redeemed within 72 hours after impoundment, the dog may be sold by the Animal Control Officer the same as an unlicensed dog. The Animal Control Officer shall notify the registered owner of the dog of the impoundment of the dog. Notification shall be by mail to the address shown in the licensing records of the city, the notice to be given within 24 hours of impoundment. At any time after the expiration of the period, the Animal Control Officer may destroy it in a humane manner.

(3) Stray cats. A stray cat, voluntarily impounded, shall be kept for a period of at least 72 hours. At any time after the expiration of the period, the Animal Control Officer may, unless the animal is redeemed, destroy it in a humane manner. If a stray cat is redeemed by an owner, it must be spayed or neutered and all fees paid.

(4) Other animals. The Animal Control Officer shall keep any other impounded animal for a period of at least 72 hours. At any time after the expiration of the period, the Animal Control Officer may, unless the animal is redeemed or unless a bona fide home has been obtained for the animal and unless there are other requirements by law, destroy it in a humane manner.

(5) Medical research. No animal shall be sold or otherwise disposed of for the purpose of medical research or other commercial uses.

(6) Vicious dogs.

(a) Any dog which has been impounded as a result of having bitten a person without reasonable provocation shall be destroyed, subject to the provisions of division (A)(6)(d) below.

(b) The owners, if known, of any dog which has been impounded for the first time for a violation of § 4.39, but has not been accused of biting a person, shall be given notice of the impoundment of the dog. The owners shall be permitted to regain custody of their dog upon payment of the pound fees.

(c) Dogs, which have been impounded for the second time for violation of § 4.39, shall be destroyed subject to the provisions of division (A)(6)(d).

(d) Notice of intent to destroy the dog shall be given the owner thereof, if known, who shall have three days in which to petition that the dog not be destroyed.

(B) The petition shall be directed to the Chief of Police, who shall have the authority to direct that the dog not be destroyed, but only upon a factual finding that the human bite was provoked by the victim or if the dog is reasonably believed to be a vicious dog which has not bitten anyone, or upon a factual finding of mitigating circumstances justifying the violation which caused impoundment of the dog.

(`61 Code, § 4.5) (Ord. 703, passed 10-19-1982; Am. Ord. 780, passed 8-4-1987)

An owner of an animal impounded, as authorized by this article, may redeem the animal by exhibiting to the Poundkeeper any required license certificate or license tax or other satisfactory proof of ownership and by paying the charge provided for under § 4.8.

(`61 Code, § 4.6) (Ord. 703, passed 10-19-1982)

The animal control authority shall not be held liable for any animal that is impounded in violation of this chapter that escapes, is injured or dies as a result of the impoundment.

(`61 Code, § 4.7) (Ord. 703, passed 10-19-1982)

(A) No animal may be released from impoundment by the Animal Control Officer to the owner until all charges, costs of redemption and the current year’s license fees have been paid. The charges and costs of redemption of the impounded animal shall be established by resolution of the City Council.

(B) When an animal is sold by the Animal Control Officer, pursuant to this chapter, all fees, charges and costs, as set by resolution of the City Council, shall be paid. The Animal Control Officer, upon proper determination and good cause, may waive in whole or in part the foregoing placement fees, except the current year’s license fees if the animal is unlicensed.

(C) The surrender of an animal by the owner to the Animal Control Officer subsequent to impoundment for a violation of this article or any provisions of state law shall not relieve the owner of the obligation to pay the charges as set forth in this section prior to the surrender, plus the accumulated boarding charges or those applicable charges set forth in this chapter.

(D) The voluntary surrender of an animal to the Animal Control Officer wherein there is no violation of this chapter or any provisions of state law shall not relieve the owner of the obligation to pay the charges, as set forth in this section, prior to surrender.

(`61 Code, § 4.8) (Ord. 703, passed 10-19-1982)

A lien is hereby established against every animal impounded, pursuant to the terms of this chapter, to secure the fees, charges and costs defined in § 4.8.

(`61 Code, § 4.9) (Ord. 703, passed 10-19-1982)

No person shall offer for sale, give away, bring into or maintain within the city any lion, tiger, bear, monkey, wolf, cougar, wildcat, skunk, venomous or other wild animal (Ferae Naturae) irrespective of their actual or asserted state of docility, tameness or domesticity. The Animal Control Officer or peace officer may impound any animal and dispose of it in a humane manner after five working days to allow for legal restraining action by the owner. This section shall not apply to legally operated zoos and circuses unless the Animal Control Officer shall give 48 hours advance notice that, by reason of inadequate caging or other means of protection of the public from the animal or by the ineffectiveness of sanitation measures or by a particular hazard connected with the animal or animals involved, the public health and welfare will be endangered.

(`61 Code, § 4.10) (Ord. 703, passed 10-19-1982)

(A) The Animal Control Authority, peace officers and persons employed for animal regulation purposes shall attempt to capture animals, except dogs and cats, found at large within the city and shall handle the animals as impounded animals. Any owner or custodian of an animal found at large in the city shall be in violation of this section.

(B) An animal is at large whenever it is elsewhere than on the premises of the owner or custodian of the animal and is found unattended.

(`61 Code, § 4.11) (Ord. 703, passed 10-19-1982)

All premises upon which any animals or fowl are kept shall be subject to inspection at all times by the County Health Officer. The Health Officer shall make periodic inspections of the premises and must make inspections within 24 hours when requested to do so by the City Manager. Upon the inspections, should he or she discover flies in unreasonable or excessive numbers, he or she shall require further control through the use of insecticides, chemicals or other means.

(`61 Code, § 4.12) (Ord. 703, passed 10-19-1982)

Refuse, offal, excrement and manure from animals or fowl shall not be permitted to accumulate on any premises in the city for periods in excess of ten days and must be removed from the premises at not more than ten-day intervals unless spread upon and buried in the earth.

(`61 Code, § 4.13) (Ord. 703, passed 10-19-1982)

Dead animals, fowl and offal, pending its removal from the premises, as required in § 4.13, must be kept in fly-tight containers.

(`61 Code, § 4.14) (Ord. 703, passed 10-19-1982)

For the purpose of this article, the following definition shall apply unless the context clearly indicates or requires a different meaning.

LIVESTOCK. Any and all animals of the bovine genus, goats, sheep, swine, horses, burros, mules and jackasses, irrespective of age, and whether male, female or genderless.

(`61 Code, § 4.15) (Ord. 703, passed 10-19-1982)

Except for one pot-bellied pig kept and maintained, as provided in Chapter 25 of this code of ordinances, or for animals kept at legally operating veterinary hospitals, it is unlawful for any person to keep or maintain within the corporate limits of the city any livestock, as defined in § 4.15.

(`61 Code, § 4.16) (Ord. 703, passed 10-19-1982; Am. Ord. 912, passed 4-18-2000)

The City Council finds that:

(A) There is a menace to the health and safety of the community by reason of livestock as defined in § 4.15, being kept within the corporate limits of the city; and

(B) The keeping of any livestock constitutes a nuisance within the corporate limits of the city.

(`61 Code, § 4.17) (Ord. 703, passed 10-19-1982)

Nothing contained in the three preceding sections shall be deemed a waiver or limit on the right of the city to abate the nuisance of keeping livestock in accordance with existing law.

(`61 Code, § 4.18) (Ord. 703, passed 10-19-1982)

The provisions of this article shall be in addition to all other laws or ordinances governing or regulating the keeping of animals or fowl in the city and not a limitation thereof.

(`61 Code, § 4.19) (Ord. 703, passed 10-19-1982)

(A) A violation of any provision of this article, or of any order of the County Health Officer, shall constitute an infraction punishable by a fine as set forth by resolution of the City Council. Each day the violation continues after notice of violation or order is given by the Health Officer shall constitute a separate offense.

(B) Persons convicted of repeated violations of this article shall be subject to having the violations abated as a public nuisance and three or more convictions of the violations within one 12-month period shall be prima facie evidence of a public nuisance subject to abatement resulting in the removal of all animals or fowl from the premises.

(`61 Code, § 4.20) (Ord. 703, passed 10-19-1982; Am. Ord. 1052, passed 5-7-2019)