Rialto Municipal Code Ch. 6.04 Animal Control Regulations

Footnotes:

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For statutory provisions pertaining to the regulation and licensing of dogs, see Agric. Code § 30501 et seq.; for the provisions authorizing a city to impose an annual dog license fee, see Gov. Code § 38792.

For the purposes of this chapter, certain words and phrases are defined, and certain provisions shall be construed as set out in this section, unless it is apparent from the context that a different meaning is intended.

A. "Animals" means any wild or domesticated animal, poultry, bird, reptile, fowl or fish, or any other creature.

B. Animal, Stray. "Stray animal" means any animal (except cats) off the premises of its owner, not under restraint, and not in the immediate presence of its owner or person(s) of reasonable responsibility.

C. Animal, Wild. "Wild animal" means any wild, exotic, dangerous or venomous animal, including, but not limited to, mammals, fowl, fish or reptiles.

D. "At large" means any animal off the premises of its owner and not under the direct control of the owner or some responsible person authorized by such owner.

E. "Cat" means any cat of either sex or any age.

F. "Director" means the chief of police of the city, or his/her duly authorized representative, or such other public officer as may be designated as director of animal control field service of the city by the city administrator, or such other person as may be designated to act as the director of animal control field service of the city by the council.

G. "Dog" means any member of the canine family, and shall also include both male and female gender, whether neutered or spayed.

H. Dog, Guard. "Guard dog" and "personal protection dogs" means any dog used for the purpose of guard duty.

I. "Dog license" refers to the license required by this chapter, to be issued monthly, annually, biannually or tri-annually for each individual dog.

J. Dog, Stray. "Stray dogs" means any dog which is off the premises of its owner, not under restraint by a leash of not more than six feet, or not in the immediate presence and under the command and control of its owner or person of reasonable responsibility. This definition does not preclude the use of long lines or light lines for training purposes only.

K. Dog, Unlicensed. "Unlicensed dog" means any dog for which the license fee for the current year has not been paid and to which the dog license tag provided for in this chapter is not properly attached.

L. "Horse" includes horse, miniature horse (as defined in Section 18.10.020), mule, burro, pony, jack, hinny or jenny.

M. "Inhumane treatment" means physical and/or emotional mistreatment of an animal, including but not limited to: burdening the animal with heavy chains or leashes (see leashes as defined elsewhere in this section), padlocks or weights around any part of the body of the animal, exposure to extreme temperature (whether in an unattended vehicle without adequate ventilation or walking on hot pavement), inadequate food, water or shelter.

N. "Humane services officer" means any person duly appointed by the city administrator or designated by and authorized to act on behalf of the director of animal control field services in the enforcement of the animal control program.

O. "Impoundment" means the picking up of any animal by duly authorized person and bringing such animal into a shelter for custody, confinement and disposition.

P. "Kennel" means any person, firm or corporation engaged in the licensed commercial business of breeding, training, buying, selling, or boarding of dogs or cats.

Q. "Leash" means any rope, leather strap, chain (not to exceed one-half inch in diameter) or other material not to exceed six feet in length, being held in the hand of a person that is capable of controlling and actually controlling the animal to which it is attached. This definition does not preclude the use of long lines or light lines for the purpose of training.

R. "Livestock" includes cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs, and all other domestic or domesticated animals other than household pets.

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

T. "Quarantine" means the taking up and impounding of an animal in a designated animal shelter or licensed kennel by the humane services officer for a period of fourteen days so that the animal does not come into contact with any other animal or human being for this period of time.

U. "Shelter" means a facility designated by the director for impoundment of animals and authorized by the city administrator.

(Ord. 1291 (part), 1999: Ord. 1234 (part), 1995: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

A. The director is declared to be a public officer and he/she and those officers and employees of the city performing their duties under his/her supervision and control shall have the power and duty to enforce the provisions of this chapter and other statutes, laws and ordinances relating to the control and treatment of animals which legally may be enforced by persons other than peace officers. In this connection, the public officers and employees shall have the authority to issue citations in the manner provided by Section 836.5 and other applicable sections of the Penal Code of the state of California, as the same now exist or may hereafter be amended. Prior to the issuance of citations heretofore described, said public officers and employees shall have training in the manner provided by Section 832 and other applicable sections of the Penal Code of the state of California, as the same now exists or may hereafter be amended.

B. The director and his/her employees shall have the authority to employ the use of a tranquilizer gun and all other animal control devices in common use within the state of California.

C. The authority granted to the director and his/her employees under this section shall be limited to citation issuing. Any refusal to sign a citation will not authorize the taking forthwith of the person refusing to sign the citation. In these instances, a formal complaint shall be signed.

(Ord. 1291 (part), 1999: Ord. 1234 (part), 1995: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

It is unlawful and shall constitute a public nuisance for any person to keep within the limits of the city any animal, rooster or other noisy fowl, or combination of animals, which unreasonably disturbs the peace and comfort of the inhabitants of the neighborhood in which such animals or combination of animals is kept; or interferes with any person in the reasonable and comfortable enjoyment of life or property; or creates a significant risk of injury to life or property.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

No person shall keep or permit to remain on any premises within the city any animal or combination of animals that habitually, unnecessarily and unreasonably disturbs the peace and quietude of any neighbor or person by howling, barking, crying or making other noise.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

No owner of any live animal shall abandon it upon any public or private place or premises. No person shall dispose of the carcass of any dead animal in such a manner, or leave any such carcass in such a place, as to create a public or private nuisance.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

A. No person shall leave a dog or any other animal in an unattended vehicle without adequate ventilation or walk on any private or public pavement in such a manner as to subject the animal to extreme temperature, which will adversely affect the animal's health or welfare.

B. No person shall mistreat an animal either by physical or emotional methods, including but not limited to: attaching heavy chains or leashes (as defined elsewhere in this section), padlocks or weights around any part of the animal's body; depriving an animal of adequate food, water and/or shelter.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 915, 1984)

No owner or keeper of a dog shall allow or permit such dog, whether licensed or unlicensed, to be or run at large in or upon any public place or premises without a leash; provided, however, that nothing in this section shall prevent anyone from allowing a dog to be off a leash inside a city-approved dog park. Owners or keepers of dogs shall sufficiently remove and lawfully dispose of any fecal matter that may be deposited on public or private property by their dog.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

(Ord. No. 1585, § 2, 1-24-17)

No owner or keeper of an animal shall allow or permit such animal, whether licensed, or unlicensed, even though not at large, to be in or upon any private place or premises other than those of the owner or keeper, except with consent of the person in charge of the private place or premises.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

No person shall walk, or otherwise have in his or her custody or control, any dog upon any public property, including streets, sidewalks, public parks, parkways and alleys, unless the person has in his or her possession and in plain view, readily usable materials or implements sufficient to remove and to dispose of lawfully any fecal matter that may be deposited on the ground by the dog.

(Ord. 1291 (part), 1999)

Whenever it is shown that any animal has bitten any person or animal, or exhibits evidence of rabies, no owner, upon the order of a qualified licensed veterinarian, humane service officer, other city employee performing duties under the supervision of the director of animal control field services, sworn peace officer, or the county health officer, shall fail, refuse or neglect to quarantine such animal for a period of fourteen days; nor fail, refuse or neglect to allow such qualified licensed veterinarian, humane service officer, other city employee performing duties under the supervision of the director of animal control field services, sworn peace officer, or the county health officer, to make an inspection or examination thereof at any reasonable time during the period. No such animal shall be removed or released during the quarantine period without written permission of one of the officers mentioned in this section. Unless otherwise specified by one of the officers mentioned in this section, such animal shall be confined in a designated shelter or veterinary hospital at the owner's expense.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 1052 § 1, 1989: Ord. 838 § 1 (part), 1981)

The intact body or portion thereof, as specified by the county health department laboratory, shall be submitted in the manner prescribed by the laboratory for examination for rabies on any animal which dies while in isolation for observation of rabies as a result of a human bite or contact with quarantined animal or contact of a known rabid animal. The head only is submitted for horses, cattle, goats, dogs, cats, coyotes, foxes, wolves, deer, weasels, badgers, raccoons, bobcats, skunks and the young of these. The entire animal shall be submitted in the case of smaller species.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

Whenever any person having charge, care, control, custody or possession of any animal has knowledge that such animal has bitten any person or animal, or has been bitten by another animal, the person having charge, care, control, custody or possession of such animal shall report the fact forthwith to the director or a designated representative of the director. The report shall contain the name and address of the person bitten; a description of the animal bitten, if any; the time and place where such person or animal was bitten; the name and address of the owner of the biting animal, if known; and any other pertinent information so requested by the director.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

Every owner of a dog residing within the city shall procure a dog license and tag for such dog which is four months of age or older. Every owner of any dog which is brought into the city, with a current registration from another jurisdiction and thereby becomes subject to licensing as provided in this section, shall procure a dog license and tag for each such dog within forty-five days, or when such registration expires, whichever occurs first, after such dog becomes subject to such licensing. There shall be a license fee for every registered dog brought into the city. Such fee may be set from time to time by resolution of the city council. Every owner of any unregistered dog brought into the city which becomes subject to licensing as provided in this section, shall procure a dog license and tag within thirty days after such dog becomes subject to the licensing. Such license and tag shall be retained and renewed monthly, annually, biannually, or triannually but for no longer than the rabies certificate is valid, and thereafter as provided in Section 6.04.130 of this chapter, as long as such dog is required to be licensed thereunder.

(Ord. 1291 (part), 1999: Ord. 1234 (part), 1995: Ord. 1219 § 1 (part), 1994: Ord. 1148 § 1, 1991: Ord. 838 § 1 (part), 1981)

The provisions of this chapter relating to licensing does not apply to dogs found within the city under any of the following conditions:

A. When the dog is owned by, or in the care of, any person who is a nonresident, or who is traveling through the city, or who is sojourned therein for a period not exceeding thirty days;

B. When the dog is brought into the city and kept herein for a period not exceeding thirty days for the exclusive purpose of entering the dog in any bench show, dog exhibition, field trial, or competition;

C. When the dog is brought or sent into the city for the exclusive purpose of receiving care in any veterinary facility, or being boarded in a licensed kennel.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 1148 § 2, 1991: Ord. 838 § 1 (part), 1981)

The licensing period for the license required by the provisions of this chapter shall be either monthly, one year, two years, three years (annual, biannual or triannual), or any combination based on the anti-rabies vaccine required by this chapter. The beginning and termination date for the monthly, annual, biannual, triannual or combination licensing period is determined by the expiration date of the anti-rabies vaccine. Such fees as are hereinafter provided shall be paid annually, biannually or triannually on or before the first day of the month that the anti-rabies vaccine expires and will become delinquent if not paid by the last working day of the same month, or within thirty days in the case of dogs being brought into the city without a current license from the previous jurisdiction, or within forty-five days in the event the previous jurisdiction's license has not expired. Failure to receive the notice to renew the license and tag does not relieve the dog owner of the requirement to renew the license and tag as herein imposed.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 1148 § 2, 1991: Ord. 838 § 1 (part), 1981)

The person required to obtain a dog license, as provided in this chapter, shall apply for a dog license to the director, his/her duly authorized representative or the licensing division of the city, and shall pay the fees and penalty, if any, as specified by resolution of the city council, in accordance with Section 6.04.300 of this chapter. Application shall be made upon a printed form which shall be provided by the city, and the owner shall state on such application his/her name and address; a telephone number, if one is available, at which he/she may be notified by the director, as required by Section 6.04.280 of this chapter and the name, breed, color and sex of each dog for which application is made.

(Ord. 1291 (part), 1999: Ord. 1234 (part), 1995: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

As a condition for the issuance of a license and tag, all applicants for such license and tag shall procure and display to the licensing authority a certificate of vaccination, issued by a duly licensed veterinarian, certifying that the dog to be licensed has been administered an anti-rabies vaccination sufficient to immunize the dog against rabies for the current license period. Local veterinarians are required to submit a copy of the Rialto residence's rabies certificates to the licensing department. Where a dog is being brought into the city from another jurisdiction, the receipt from that jurisdiction showing the rabies vaccination to be current may serve in lieu of a vaccination certificate to substantiate current vaccination.

The rabies vaccination certificate must be valid for the entire licensing period, in accordance with the provisions of Section 2606.4(A)(1), Title 17, of the Administrative Code of the state of California, as the same now exists or may hereafter be amended.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 1148 § 3, 1991: Ord. 838 § 1 (part), 1981)

A metallic tag and license certificate with corresponding number shall be furnished by the licensing authority upon payment of the appropriate fee, as prescribed in this chapter.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

The licensing authority shall keep a record of the name of such owner or person making payment of a license fee and to whom a certificate and tag shall have been issued, and the number and date of such certificate and such tag. Whenever a dog is off the premises of its owner, such metal tag shall be securely fixed to a collar, harness or other device to be worn at all times by the dog for which the registration is issued.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

No person shall knowingly affix a current license tag for a lawfully registered animal on any other animal.

(Ord. 1291 (part), 1999)

No person other than the owner or keeper of the animal shall remove from any dog any collar, harness or other device to which is attached a registration tag, or remove such tag therefrom.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

If the dog license tag is lost or destroyed, a duplicate tag may be obtained from the director or the licensing division, within seven days, upon paying a fee in the amount specified by resolution of the city council in accordance with Section 6.04.300 of this chapter and either surrendering the receipt for the lost tag or certifying under penalty of perjury that a tag was obtained and the receipt cannot be found.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

No person shall imitate or counterfeit the tags prescribed by this chapter, or have in his possession any imitation or counterfeit tags.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

Every person in possession of land within the city, either as owner, purchaser, lessee, tenant or licensee, shall, at all times maintain on the lot or premises upon which at least one dog is located, a fence or other solid structure not less than five feet in height with no opening therein (other than doors or gates) wider than two inches, and shall not create a ladder effect. Wire mesh fences shall be limited to openings of no larger than two inches. All gates or doors opening through such enclosure shall be equipped with self-closing and self-latching device designed and capable of keeping such door or gate securely closed at all times when not in actual use. This section applies only to persons in possession of land within the city whose dog(s) is/are maintained outside, unattended.

(Ord. 1291 (part), 1999)

Every person, firm or corporation who owns, manages or operates a dog kennel, as defined in Section 6.04.010 of this chapter, shall have a current and valid license issued pursuant to the provisions of Chapter 5.04 of this code. Dogs not being boarded and owned solely or in part by the kennel owners are exempt from individual dog licenses as required by Section 6.04.110 of this chapter as long as the owners can produce a current anti-rabies vaccine certification on demand for every dog they own or co-own.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

The dog kennel license required by this chapter may be obtained by written application to the licensing division of the city. Such application shall state the name and address or location of the kennel; the names of the persons owning, managing or operating such kennel; the number and approximate ages of the dogs kept therein; and the purpose for which they are kept. The license period for the kennel license required by this chapter shall be one year, beginning January 1st and ending December 31st. Any kennel license issued pursuant to the provisions of this chapter shall expire and cease to be current at the expiration of the license year for which it was issued. Renewal shall be made only upon application and payment of the fee in the manner provided for the issuance of an original kennel license.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

Any kennel license issued pursuant to the provisions of this chapter may be revoked by the county environmental health officer, the director or his/her designated representative, with the assistance of the county environmental health officer, whenever, in his/her/their opinion, the dog kennel for which such license was issued is not being maintained in a sanitary or healthful condition, or is not provided with adequate care and supervision for the dogs confined therein. The revocation shall become effective thirty days after a notice of such defective condition is deposited in the mail, postage prepaid directed to the persons owning or operating such kennel at the address shown in the application, unless within such thirty days, the condition is corrected to the satisfaction of the health officer and/or the director or his/her designated representative. After such revocation becomes effective, the revoked license shall be invalid for any purpose whatsoever.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

The requirements of this chapter shall be deemed to be in addition to, and not in limitation of, the requirements of any applicable zoning laws or ordinances. It is a violation of this section to keep any animals in violation of the zoning provisions set forth in Title 18 of this code. A kennel license issued pursuant to the provisions of this chapter shall cease to be valid if the operation of a dog kennel should become a prohibited use for the zone in which it is then located. As reflected in Title 18 of this code, no person shall keep or possess more than a total of four in combined number of weaned dogs and/or cats, provided that the total number of dogs shall not exceed three in number.

(Ord. 1329 § 1, 2002: Ord. 1291 (part), 1999: Ord. 1234 (part), 1995: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

It shall be the duty of the director or his/her duly authorized representative to take up, impound and provide for safe keeping:

A. Any animal (except cats) found running at large or upon any private property, other than that of the owner, contrary to the provisions of this chapter; or

B. Any animal, as defined in this chapter, or any other animal or fowl, domestic or wild, which is sick, injured or abandoned, and found on any public place;

C. The humane services officer shall have the right to receive and dispose of any cat or dog or cats/kittens or dogs/puppies delivered into his/her possession by the owners thereof and shall charge such sum as the city council by resolution shall determine;

D. Any animal being inhumanely treated as defined in this chapter;

E. The humane services officer or his/her designee, at their discretion, may impound any animal at the owner's expense while the owner or keeper is improving the enclosure so that the animal can be kept confined to its property. The owner has the right to appeal the impoundment and/or charges to the animal control board as outlined in Section 6.05.060 of this title. The fee for such appeal will be set from time to time by resolution.

(Ord. 1291 (part), 1999: Ord. 1234 (part), 1995: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

A. Every person taking up:

1. Any animal (except cats) found running at large or upon any private property contrary to the provisions of this chapter; or

2. Any animal, as defined in this chapter, or any other animal or fowl, domestic or wild, which is sick, injured, or abandoned and found on any public place shall, within twenty-four hours thereafter, give notice to the director or his/her duly authorized representative of the following:

a. The fact that he/she has such animal in his/her possession,

b. The complete description of such animal,

c. The license number of such animal, if any, and by what public agency issued. If such animal has no license, such person shall so state,

d. The place where such animal is confined.

B. Every such person and any other person in whose custody such animal may, in the meantime, be placed, may deliver such animal (except abandoned cats) to the director or humane services officer without fee or charge. Such animal shall then be handled in such a manner as though such animal had been found and impounded by animal control activity.

(Ord. 1291 (part), 1999: Ord. 1234 (part), 1995: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

The director or his/her duly authorized representative, immediately upon impoundment of any animal, shall make every reasonable effort to notify the owner of such impoundment and to inform such owner of the conditions whereby he/she may regain custody of such animal. If the animal is a dog and has a valid license, the owner shall be notified in writing and, if possible, by telephone. Written notice may be served upon the person to be notified by delivery to him/her personally; by delivery to the premises at his/her address set forth in the records of the director or the licensing division of the city, or as otherwise known to the director, or by post card addressed to him/her at the address set forth in the records of the director or the licensing division of the city, or as otherwise known to the director, and then depositing same in the United States mail.

(Ord. 1291 (part), 1999: Ord. 1234 (part), 1995: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

The director or his/her duly authorized representative may, without waiting for the holding period to elapse, cause any impounded animal to be destroyed when a veterinarian, license to practice in the state of California, has determined, by physical examination, that such animal is unfit for further use; or when the director and designated pound officials have reasonably determined, after consulting with a veterinarian licensed to practice in the state of California, that such animal is unfit for further use by reason of its having been injured or having become infected with a dangerous or communicable disease. In the event an animal has not been physically examined prior to being destroyed by the director, as herein provided, the remains of said animal shall be retained for a reasonable time for physical inspection by a veterinarian.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

The fees and charges for dog licenses, animal shelter services impounding and caring for animals, disposition and redemption, and other services furnished by the Rialto animal control field service and the designated animal shelter, shall be those specified from time to time by resolution of the city council.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)

A. Any person violating any provision of this chapter is guilty of an infraction and, upon conviction thereof, is punishable by a fine as set forth below:

1. For a conviction for the first offense in any twelve-month period, fifty dollars;

2. For a conviction for the second offense in any twelve-month period, seventy-five dollars;

3. For a conviction for the third offense in any twelve-month period, one hundred dollars each and impound of all animals.

B. Every person violating provisions of this chapter shall be deemed guilty of a separate offense for each day or portion thereof during which such violation continues, and shall be punishable therefor as provided in this section.

(Ord. 1291 (part), 1999: Ord. 1219 § 1 (part), 1994: Ord. 838 § 1 (part), 1981)