Ridgecrest Municipal Code § 3-9 Offenses—Placement of dead animals on public streets

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal control officer means the duly appointed animal control officer of the city.

Dog means and includes both male and female dogs, irrespective of age.

Health officer means the duly appointed and acting health officer of the county while performing the duties of health officer in the city pursuant to Health and Safety Code § 476. The term "health officer" shall include his duly authorized assistants, sanitarians, and animal control officers.

License collector means the city clerk.

(Code 1980, § 5-1; Ord. No. 85, § 2)

Violation of this chapter is an infraction.

(Code 1980, § 5-14; Ord. No. 85, § 42; Ord. No. 79-2, § 4)

It shall be the duty of the animal control officer to take and have charge of the animal shelter and to take and impound all animals, except cats, found at large upon any street, sidewalk, lane, alley, or other public or unoccupied place within the city, except animals fastened securely by a chain, rope, or leash, or except confined securely within private property legally controlled by the person in possession of the animal. It shall be the duty of the animal control officer to take and impound all animals found in any place within the city which are being kept or maintained contrary to the provisions of this section.

(Code 1980, § 5-3; Ord. No. 85, § 4)

It shall be unlawful for any person owning, harboring, or having the care, custody, or possession of any dog to keep or maintain any dog in any place in the city except fastened securely by a chain, rope, harness, or leash, or except confined securely within private property legally controlled by the person in possession of the dog.

(Code 1980, § 5-4.1; Ord. No. 85, § 5)

Persons owning or keeping an animal shall prevent such animal from disturbing the peace of a reasonable person by loud and persistent or loud and habitual barking, howling, yelping, braying, whinnying, crowing, calling, or making another loud and persistent or loud and habitual noise, whether the animal is on or off the owner's or keeper's premises.

(Code 1980, § 5-4.2; Ord. No. 02-01, §§ 2, 3)

It shall be unlawful for any person to willfully abandon or turn loose to run at large any animal unfit for further use by reason of disease, old age, or injury. Whenever any animal is taken up for impounding which in the opinion of the animal control officer is, by reason of age, disease, or injury, unfit for further use or dangerous to be kept impounded, the animal control officer shall within 24 hours thereafter destroy such animal.

(Code 1980, § 5-9; Ord. No. 85, § 35)

(a) The animal control officers, upon the request of any owner or person in possession of any accessible dead animal, under 100 pounds in weight, may pick up and dispose of said animal as allowed by law. The animal control officer and the health officer shall each have the power to require the owner or person in possession of any dead animal over 100 pounds in weight to forthwith bury the same. If such owner in possession shall refuse to bury the same, the animal control officer and the health officer shall each have the power to cause the rental and operation of such heavy equipment or the employment of such persons as is necessary to bury said dead animal and to cause the cost of such rental and operation of said heavy equipment or the wages of said employed persons to be a charge against the owner or person in possession of said dead animal over 100 pounds in weight, which charge the animal control officer shall have the power to collect. In the event that the owner or person having had possession or control of said dead animal is unknown, said charge shall be a charge against the city treasury. Nothing in this section shall be construed so as to require the animal control officer or the health officer to bury or cause to be buried or cause to be picked up any dead animal.

(b) Fees for this service shall be established by the city council by resolution.

(Code 1980, § 5-10; Ord. No. 85, § 36; Ord. No. 96-04, § 2)

It shall be the duty of the health officer and the animal control officer, whenever it comes to their knowledge that any dead animal is upon any of the public streets, alleys, sidewalks, or other public places within the city, to order the owner or person who had possession or control of such animal while alive to bury or destroy the same. In the event the owner or person who had possession or control of the animal while alive fails to bury or destroy the same after being so ordered by the animal control officer or health officer, the animal control officer and the health officer are each hereby authorized to cause the rental and operation of such heavy equipment or the employment of such persons as is necessary to bury said animal and to cause the cost of such rental and operation of said heavy equipment or the wages of said employed persons to be a charge against the owner or person having had possession or control of such animal, which charge the animal control officer shall have the power to collect. In the event the owner or person having had possession or control of said dead animal is unknown, said charge shall be a charge against the city treasury.

(Code 1980, § 5-11; Ord. No. 85, § 37)

It shall be unlawful for an owner or person having had the possession or control of any animal while alive, to place the body of such animal or cause or permit it to be placed or to knowingly allow or permit the same to remain, in or upon any public street, alley, sidewalk, lane, park, or other public place.

(Code 1980, § 5-12.1; Ord. No. 85, § 38)

Any person rescuing or attempting to rescue any animal from the animal control officer or health officer while either is about to convey the animal to the animal shelter, or in any way directly or indirectly removing or delivering an animal from the animal shelter or from a vehicle operated by the animal control officer or the health officer, or causing or enabling an animal to escape therefrom without the express consent of such officer, shall be deemed guilty of a misdemeanor.

(Code 1980, § 5-12.2; Ord. No. 85, § 39)

Any person owning or having the care, custody, or control of any dog in the city who willfully refuses, fails, or neglects to furnish to the animal control officer, or to the health officer, or to the license collector, or to any duly licensed physician or veterinarian authorized to vaccinate and license dogs and to collect the license fees thereon, as provided herein, the information necessary to properly vaccinate and license such dog, or who fails, neglects, or refuses to pay the license fee at the time and in the manner herein provided; or who violates any of the provisions of this chapter declared to be unlawful.

(Code 1980, § 5-12.3; Ord. No. 85, § 40)

The animal control officer and the chief of police and their deputies are hereby designated as persons who may issue citations for the violation of any of the provisions of this chapter pursuant to the citation procedure as prescribed by ordinance or state law. Failure to appear in court in violation of a written promise to so appear shall be punishable as set forth in ordinance or state law.

(Code 1980, § 5-13; Ord. No. 85, § 41)

(a) Any person, firm or corporation violating any provision of this section shall be deemed guilty of an infraction.

(b) It shall be unlawful for any person, firm or corporation owning, possessing or controlling any dog, cat, fowl, reptile, pet or animal of any kind to permit the pen, cage, yard or other facilities in which such animal is kept and maintained to accumulate droppings, food, garbage, refuse or any other matter so as to cause flies, odors or other noxious, or unsanitary conditions to exist, or to allow any pen, cage, yard or other facilities in which such animal is kept to be maintained in any condition which is dangerous to the health or safety of any person.

(Code 1980, §§ 5-15, 5-15.1; Ord. No. 108, §§ 1, 2; Ord. No. 79-7, §§ 1, 2)

It shall be unlawful for any person to display, sell, offer for sale, barter or give away, upon any street, sidewalk, or other public place in the city, as pets or novelties, any cat, dog, fish, fowl, reptile, rodent, or other live animal. This shall not be construed to prohibit the display, advertising for sale, or sale of such live animals legally for sale in or at licensed pet shops, kennels, aviaries, fish hatcheries or for sale at ranches or stables located outside of the city limits.

(Code 1980, § 5-16.1; Ord. No. 78-4, § 1)