Selma Municipal Code Ch. 2 Animals

ANIMAL: Any living vertebrate member of the animal kingdom, excluding man.

ANIMAL CONTROL OFFICER: Any persons designated by the State of California, City of Selma, or Fresno County as an animal control officer who is authorized to perform such duties under the laws of this State.

ANIMAL SHELTER: Any facility that is on property owned by the City of Selma, operated by a humane society, or a public agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this Chapter or State law.

AT LARGE: Shall mean off the premises of the person owning or having the possession, charge, custody, or control of the animal and not under the immediate control of a person by means of an enclosure, leash, rope, or other means of immediate effective physical control.

AUCTION: A place or facility where animals are regularly bought, sold, or traded, except for those facilities otherwise defined in this Chapter. This Section does not apply to individual sales of animals by owners.

BIRD: Any member of the bird family, including, but not limited to, parakeets, cockatiels, macaws, parrots, finches, conures and swans, domesticated to serve as a pet.

BREEDER: Any person, persons or business who breeds two (2) or more litters of dogs in one year for sale or profit.

CAT: Any member of the feline family, wild and domesticated, and shall be intended to mean both male and female.

COMMERCIAL ANIMAL ESTABLISHMENT: Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibit, or boarding kennel.

DOG: Any member of the canine family, wild or domesticated, and shall be intended to mean both male and female.

DOMESTIC ANIMALS: Such as are habituated to live on or about the habitations of persons or such as to contribute to the support of a family or the wealth of the community.

FOWL: Any chicken, duck, goose, turkey, guinea, pigeon, peacock or other fowl.

HEARING OFFICER: The Pound Master or any designee of the Pound Master.

IMPOUNDMENT: Shall mean the taking up and confinement of any animal in an animal shelter, veterinary hospital, or other facility.

KENNEL: Any premises, wherein any person keeps six (6) or more dogs more than four (4) months of age except commercial animal establishments.

LITTER: A litter shall be defined as two (2) or more offspring from one or more female dogs located at the same premises.

LIVESTOCK: Any large animal kept or raised for use, pleasure or profit.

OWNER: Any person, partnership, firm or corporation owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.

PERSON: Any individual, partnership, firm, corporation, joint venture or entity.

PET: Any domesticated dog, cat, bird, potbelly pig, guinea pig, hamster or aquarium kept for pleasure rather than utility.

PET SHOP: Any person, partnership, firm or corporation whether operated separately or in connection with another business enterprise except for licensed kennels, that buy, sell, or board any species of animals.

POUND MASTER: Shall mean the person appointed by the City Manager. That person may be the party with whom the City has contracted for the performance of pound services. Whenever the term "Pound Master" shall be used in this Chapter, it shall include his or her designee.

PREMISES: Shall mean a house, other dwelling, a yard or other area so enclosed as to prevent a dog from escaping.

PRIVATE PROPERTY: That property on which a person or persons have the exclusive rights of disposition.

PUBLIC NUISANCE: Any animal or animals which:

(A) Molests passersby or chases passing vehicles.

(B) Attacks other animals.

(C) Trespasses on school grounds.

(D) Is repeatedly at large.

(E) Damages private or public property.

(F) Barks, whines, or howls or makes any other noise that disturbs the comfort and quiet of any neighborhood or any person.

PUBLIC PLACE: Any park, public building, playground, street, road, alleyway, or other place open to the general public.

RESTRAINT: A leash not in excess of eight feet (8'), a tethered lead, or a fenced enclosure which keeps the animal under the control of a responsible person or within the real property limits of its owner.

VETERINARY HOSPITAL: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

VICIOUS ANIMAL: Any animal, wild or domesticated, that attacks or bites any person or animal upon any public or private property within the City.

WILD ANIMAL: Any nondomesticated animal living in a feral state. (Ord. 97-5, 8-18-1997)

The Chief of Police, in addition to his other duties, shall perform the duties of Pound Master, in the absence of a pound master specially appointed. The Chief of Police shall designate a police employee as the Animal Control Officer. In addition, all police officers of the City are required to perform the duties of the Animal Control Officer as may be required by the Chief of Police. (Ord. 97-5, 8-18-1997)

The Pound Master, or his designee, shall take up, impound and safely keep any dog which is found running at large contrary to the provisions of this Chapter within the incorporated territory of the City. (Ord. 97-5, 8-18-1997)

Any animal, including, but not limited to, dogs found trespassing on private property may be taken up by the owner of the private property and turned over to the Pound Master to be disposed of as provided by law. (Ord. 97-5, 8-18-1997)

The Pound Master shall keep a record of all impounded animals, including a description of the animal, the date of receipt, the date and manner of disposal, the name of the person redeeming or purchasing, and the fees, charges and proceeds of sales received on account of said animal, and such additional records as may be required by the City Council from time to time. The Pound Master shall provide the necessary subsistence for all animals that are impounded. (Ord. 97-5, 8-18-1997)

The duties of the Animal Control Officer shall be as follows:

(A) To take up and impound any dog or other animals (except cats), found to be running at large, staked, tied or being herded or pastured in any public place within the City or upon the premises of any person other than the owner of such dog.

(B) To make a complete registry of impounded dogs, showing in detail in the case of each dog, the date of receipt, the breed, color, and sex of such dog, and if licensed, the number of such license and the name and address of the owners.

(C) To notify by mail the owner of any animal, bearing identification, impounded by the Animal Control Officer, stating that such animal is confined at the City Animal Shelter, and specify the amount necessary to reclaim or redeem the same and the period which the animal will be held before destroying or otherwise disposing of the same. (Ord. 97-5, 8-18-1997)

(A) Authority: Each animal control officer shall have, and is hereby vested with the authority of a public officer. The animal control officers may, in the performance of their duties, enter upon any property pursuant to law, to ascertain if any of the provisions of this Chapter or any State laws relating to disease, care, treatment, or cruelty to animals are being violated. Each animal control officer may issue citations for the violation of the provisions of this Chapter, any State law, or City ordinance in the manner prescribed by the ordinance, and remove animals from said premises if they deem necessary. The authority to issue citations in the manner prescribed by the City shall be alternative to any other authority provided by law.

(B) Police Powers: Any animal control officer of the City shall have police powers in the enforcement of this Chapter and no person shall interfere with, hinder, molest or abuse any animal control officer of the City in the exercise of such powers.

(C) Animal Control Devices: In the performance of duties for the control of animals, the Animal Control Officer shall have the authority to employ the use of the tranquilizer gun or other animal control devices in common use within the State of California.

(D) Quarantine Of Suspected Animal: Whenever the owner of any animal shall observe or learn that the animal has rabies; has symptoms of rabies; has been exposed to rabies or has acted in a manner which would lead him to suspect that it might have rabies, the owner shall immediately notify the Pound Master and shall allow the Pound Master to make an inspection or examination of the animal. Whenever it appears to the Pound Master that the animal has rabies or has been exposed to rabies, he shall quarantine the animal until it shall be established to his satisfaction that the animal has or does not have rabies.

(E) Destruction Of Rabid Animals: If it appears to the Pound Master that an animal has rabies, he shall cause same to be destroyed in a lawful manner, which may include destroying the animal immediately if this is the only method available to contain the animal. (Ord. 97-5, 8-18-1997)

It shall be unlawful for the owners or persons having custody of any animal to permit, either wilfully or through failure to exercise due care or control, any cruel acts upon any animal. "Cruel acts" are defined as follows:

(A) To place, leave or expose, making accessible to animals, any poisonous substance.

(B) To have, keep, or harbor any animal which is infected with any dangerous or incurable or painfully crippling condition, except as hereinafter provided. All such diseased or crippled animals with an incurable ailment taken into custody of the City shall be transferred to the Pound Master for impoundment. This Section shall not apply to animals within veterinary hospitals or under the care of a veterinarian, or having been diagnosed with any common, incurable disease where impoundment or quarantine is not recommended by a doctor of veterinary medicine.

(C) To fail, refuse, or neglect to provide any animal in their charge or custody as owner or otherwise, with food, drink, shade or weatherproof housing facilities, or to carry any animal in or upon any vehicle in a cruel or inhumane manner.

(D) To wilfully, or maliciously kill, maim, disfigure, tease, torture, beat with a stick, chain, club, or other object, mutilate, burn, scald with any substance, overdrive or other cruelty set upon any animal, except that a reasonable force may be employed to drive off vicious or trespassing animals.

(E) To hobble livestock or other animals by means of chains which are composed of tempered or other permanent wire links.

(F) To drive or work any animal in a cruel manner when such animal is unfit for such work.

(G) To promote, stage, hold, manage, conduct, carry on, or attend any game, exhibition, contest, or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animal or person.

(H) No person shall keep upon any premises, any animals in a foul, offensive, obnoxious, filthy or unsanitary condition. (Ord. 97-5, 8-18-1997)

No person shall keep, harbor or maintain upon his premises within the City more than a total of five (5) dogs over the age of four (4) months unless said person shall obtain a kennel permit in addition to obtaining a license for each dog more than four (4) months of age and shall comply with the kenneling permit requirements of this Chapter, unless said person comes within one of the following conditions:

(A) Upon reasonable showing of necessity to the Animal Control Officer, a person may be permitted to keep a dog for a period of time not to exceed thirty (30) days.

(B) A person who had on or before the effective date hereof six (6) or more licensed dogs in the City shall be required to obtain a yearly kennel permit pursuant to Section 6-2-25 of this Chapter. The requirement of obtaining a kennel permit shall be effective ninety (90) days after the effective date hereof. (Ord. 97-5, 8-18-1997)

(A) It shall be unlawful for any dog to be kept in the City, which dog shall by loud or excessive barking, howling, whining or making any other noise disturb the comfort or quiet of any neighborhood or any person; provided that said owner has been made aware of the disturbance created by the dog.

(B) No person shall keep or maintain, or cause or permit to be kept or maintained upon any premises, any dog which by habitual and continual barking, howling or whining shall disturb the peace and comfort of any neighborhood or interfere with the reasonable and comfortable enjoyment of life or property by any person.

(C) No person shall keep or maintain, or cause or permit to be kept or maintained, any dog owned by him or in his possession or under his control which habitually commits a nuisance upon the property of any other person. (Ord. 97-5, 8-18-1997)

It shall be unlawful for any person having the care or possession of a dog or any other animal to allow or permit the dog or other animal to run at large within the City. (Ord. 97-5, 8-18-1997)

Whenever it is shown that any animal has bitten any person, the owner thereof shall, upon the order of the Pound Master, quarantine it and keep it tied up or confined for a period of ten (10) days, and shall allow the Pound Master or other authorized official to make an examination of the animal at any time during the period of quarantine. (Ord. 97-5, 8-18-1997)

Whenever any animal shall be bitten by another animal having rabies or showing symptoms of having rabies, the owner of the animal so bitten, shall upon being informed thereof, either destroy the animal, quarantine it and keep it confined for a period of six (6) months, or place the animal in the care of a duly licensed veterinarian for the purpose of having the standard anti-rabies treatment administered and keep the same confined for a period of three (3) weeks after the treatment has been completed. The Pound Master shall have the power to either destroy, quarantine or treat the animal so bitten in case the owner thereof shall fail to do so immediately, or in case the owner is not immediately available. (Ord. 97-5, 8-18-1997)

No person shall bring an animal or permit an animal to enter the City in which rabies exists, or has existed within the previous six (6) months unless the animal has been vaccinated with anti-rabies vaccine, and the owner of the animal has an official tag or other receipt showing that the animal has been vaccinated by a duly licensed veterinarian. (Ord. 97-5, 8-18-1997)

(A) An owner of a dog shall secure a license for their dog within thirty (30) days after they acquire ownership of the dog. However, if a dog is less than four (4) months of age when the owner acquires it, the owner shall secure a license for the dog within thirty (30) days after the dog reaches four (4) months of age. Any person who enters the City intending to reside in the City beyond a period of thirty (30) days, and who has brought a dog with them from outside the City, shall secure a license for the dog within thirty (30) days after the person first enters the City. Prior to issuing a license for a dog, the owner shall present for filing with the Finance Department, a certificate signed by a duly licensed veterinarian showing that the dog has been vaccinated against rabies and owner shall pay the annual City license fee.

(B) The license shall be renewed on January 1 of each year thereafter; provided, however, if the license fee is not paid on or before March 31 of each year, there shall be a penalty due in addition to the regular license fee.

(C) Provided further that should the license fee not be paid before June 30 of each year, there shall be an increased penalty for the late payment in addition to the regular license fee.

(D) The annual license fee and any penalties due shall be payable to and collected by the Finance Department. The license fee and penalties shall be set by resolution of the City Council and shall be prorated the first year based on the remaining months in the calendar year. Any application received after December 1 shall be issued a license for the following year. (Ord. 97-5, 8-18-1997)

Upon payment of the license fee and any penalties due, the Finance Department shall issue to the person making the payment a license and a tag bearing the serial number and year for which the license is issued.

The license tag must, in all cases and at all times, be fastened to a substantial collar worn around the neck of the dog for which it was issued. Whenever a tag issued for the then current year has been stolen or lost, the owner of the dog for which the tag was issued may, upon the payment of a fee in an amount which shall be set by resolution of the City Council, obtain a replacement tag for the animal. Fees for replacement shall be set on an annual basis upon the recommendation of the Finance Department. (Ord. 97-5, 8-18-1997)

Any dog upon which the license fee is unpaid, or upon which the owner refuses to pay the license fee, or refuses to have the dog vaccinated as herein required, may be lawfully taken up and impounded by the Pound Master, his designee, or any peace officer of the City, and it shall be lawful for such officer to enter upon the property of any person for the purpose of enforcing this Section.

Any dog taken up and impounded as provided shall be held at the City Pound for five (5) days and if the requirements of this Section are not met within five (5) days, the Pound Master shall cause the dog to be disposed of as required by law.

In addition to the requirements for the license fees, the owner shall also pay redemption and impoundment fees. (Ord. 97-5, 8-18-1997)

All dogs less than four (4) months of age shall be confined to the premises of, or kept under physical restraint by the owner, keeper, or harborer. Nothing in this Section shall be construed to prevent the sale or transportation of a puppy four (4) months old or younger. (Ord. 97-5, 8-18-1997)

The owner or person(s) entitled to the control of any animal, which is impounded, may at any time prior to the lawful disposal of the animal redeem the animal by paying all applicable fees. (Ord. 97-5, 8-18-1997)

The fees for impoundment and redemption of all animals impounded under this Chapter shall be established by resolution of the City Council. (Ord. 97-5, 8-18-1997)

No person shall keep, harbor, maintain upon his premises within the City any fowl, livestock or wild animals, except for pets. If a person has any fowl, livestock or wild animals on the effective date hereof, the person shall have ninety (90) days from the effective date hereof to come into compliance with this Section. (Ord. 97-5, 8-18-1997)

All animals impounded under the provisions of this Chapter shall be disposed of as provided by law; provided that no impounded dog shall be disposed of until after written notice has been given by the Pound Master or his designee to the owner of said dog as provided herein. If the dog is licensed under the provisions of this Chapter and there is affixed to the collar of the dog a City license tag, the notice shall be given to the owner at the address set forth in the City licensing records. If the dog is not licensed and there is no license tag attached to the collar of the dog, no notice need be given. The notice shall contain a description of the dog impounded, the breed, sex and the date the dog was impounded. The notice shall be served by mailing a copy thereof by United States mail to the owner of the dog at the last address of the owner as shown on the City's records. If no person appears and redeems the dog within five (5) days from the date of mailing of the notice or within five (5) days after the dog was impounded, whichever is later, the Pound Master shall cause the dog to be disposed of as provided by law. Provided however, that any interested person may redeem the impounded dog or any other animal upon payment of all applicable fees. (Ord. 97-5, 8-18-1997)

It is unlawful for any person, firm, corporation, or association to erect, establish, maintain any commercial animal establishment or pet shop without first obtaining a business license from the City. After inspection and approval of the conditions of the commercial animal establishment by the Pound Master, the required business license may be issued by the City. Such license shall be issued pursuant to City licensing regulations, provided any inspection by the Pound Master and other City officials does not reveal any violation of the provisions of this Chapter, the City Building Codes and Zoning Ordinances and any other ordinances, rules or regulations.

Every person within the City who owns, conducts, manages, a commercial animal establishment for which a City business license or special use permit is required shall comply with each of the following conditions:

(A) Housing facilities shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals.

(B) All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.

(C) All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require.

(D) Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals.

(E) All reasonable precautions shall be taken to protect the public from the animals and the animals from the public.

(F) Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required according to the physical needs of the animals.

(G) All animal rooms, cages, and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein.

(H) All animal runs shall be of concrete and provided with adequate drainage into an approved sewer or individual sewer disposal installation.

(I) All animals shall be taken to a licensed veterinarian for an examination and treatment if so ordered by the Animal Control Officer.

(J) Every violation of applicable regulation shall be corrected within reasonable time to be specified by the Animal Control Officer.

(K) Commercial animal establishments shall comply with all other applicable Selma codes and ordinances.

(L) All commercial animal establishments may be inspected from time to time by an animal control officer to investigate any complaints of violations of the provisions of this Section.

Failure of the applicant for a license or special use permit to comply with any one of the foregoing conditions shall be deemed just cause for the denial of any business license, whether original or renewal and/or the issuance of a citation for violations pursuant to provisions of this Section. (Ord. 97-5, 8-18-1997)

Application for all kennel or breeder permits pursuant to this Chapter shall be filed with the Police Department on a form prescribed by the Police Department. Fees charged for these permits shall be set annually by resolution of City Council. The kennel and breeder permits shall be issued for the calendar year or any part thereof and are effective from January 1 of each year and expire on December 31 of that same year. Renewal and payment of the permit are due and payable on January 1 of each year. The Finance Department shall collect a delinquent penalty in an amount equal to the amount as established for license penalties. Any or all of the permits within this Code may be immediately suspended for any violations of the permit. (Ord. 97-5, 8-18-1997)

It shall be unlawful for any person(s) to own, maintain, or harbor any more than five (5) dogs combined within the City limits without first obtaining a kennel permit from the Pound Master. A kennel permit shall permit no more than ten (10) dogs to be kept, harbored or maintained upon a person's premises within the incorporated area of the City subject to approval of the Pound Master. The kennel permit fee shall be set by resolution of the City Council. The applicant for a kennel permit must comply with the following conditions before issuance of a permit:

(A) Zoning conformance must first be established for each kennel construction/use proposal prior to proceeding with environmental health, sanitation, and construction evaluations of the proposal.

(B) Complete plans and specifications of the kennel facilities shall be submitted to and be approved by both the Building Official and the Health Officer prior to the construction.

(C) Kennel buildings (pens) shall not be located within fifty feet (50') of any property line nor forty feet (40') from any habitable building.

(D) Unless served by a public sewer, separate sewage disposal systems for kennels with a one thousand five hundred (1,500) gallon septic tank must be installed to serve the manure flushing process.

(E) Leach lines or seepage pits must meet all minimum setback requirements, and an area for one hundred percent (100%) replacement of leach system must be set aside which must also meet all minimum setback requirements.

(F) Kennel buildings must be constructed with masonry walls, sloped to drain concrete floors, soundproofing, including double pane windows and adequate ventilation as determined by the Building Official.

(G) Dogs must be placed in the masonry kennel building from six o'clock (6:00) P.M. to seven o'clock (7:00) A.M.

(H) The entire kennel and pen area must be screened from view by a solid six foot (6') high fence. Dogs may at no time run loose or be outside of this fenced area unless on a leash.

(I) Minimum dog run size (horizontal dimension) will be four feet by ten feet (4' x 10') inside kennel area and four feet by twelve feet (4' x 12') outside kennel area.

(J) Feed storage, medicated feed, medicine and supplies must be kept safe from children and others in a separate locked rodent-proof room or secured place. All feed shall be kept in rodent-proof containers which are placed eighteen inches (18") above the floor surfaces.

(K) Separate hand washing and toilet room facilities must be available in the kennel area.

(L) Pens must be clean and sanitary at all times with an effective fly and odor control program submitted to the Animal Control Officer for staff's approval.

(M) No portion of the kennel or its dog occupants will be allowed to become a nuisance.

(N) No exterior lighting shall interfere with neighboring residential properties.

(O) Maximum dog occupancy of each and all portions of the kennel facilities shall be as determined by the Health Officer or any special land use persons.

(P) In lieu of any the foregoing requirements, the owner may propose an alternative which meets the intent of these requirements. The owner must prove the equivalent adequacy of the alternative. The approval of alternatives is required prior to issuance of a permit.

Upon completion of the above requirements and final construction approval by the Building Division of the Community Development Department, a kennel license shall be obtained from the Finance Department of the City.

The permit will be for a calendar year, or any part thereof in which the permit is required, with the permit fee due and payable on January 1 of each year. (Ord. 97-5, 8-18-1997)

All dogs and cats located within the City over the age four months are required to be spayed or neutered, unless the owner procures the appropriate license from the city for the privilege of maintaining the animal intact (the “Unaltered Dog or Cat License”) or a Breeder Permit to allow it to breed.

A. The unaltered dog or cat license shall contain the following terms and conditions:

1. The owner of any unaltered female dog or cat shall not allow the dog or cat to breed without first obtaining a Breeder’s Permit.

2. No offspring of an unaltered dog or cat may be sold, adopted, bartered or otherwise transferred whether for compensation or otherwise.

B. Breeder Permit Requirements:

1. No person shall cause or allow any dog or cat owned, harbored or kept within the city to breed without first obtaining a Breeder Permit, as described below.

2. Applications for a Breeder Permit pursuant to this Chapter shall be filed with the Animal Shelter on a form prescribed by the City Manager or designee, and fees charged for these permits shall be set by Resolution by the City Council.

3. Applications for a Breeder Permit will require the owner to possess and own an unaltered dog or cat license and a business license certificate from the City and renew the business license and Breeder Permit annually.

4. The term “Breeding Permit” shall mean a written authorization, issued annually by the City Manager or designee giving its lawful holder permission to breed a dog or cat.

5. Each Breeding Permit shall be valid for one calendar year from the date of issuance and may be renewed annually before its expiration date.

6. Each applicant for such permit shall pay an annual fee, set by City Council Resolution, as specified by such Resolution.

7. A separate permit must be obtained for each owned dog or cat which is allowed to breed.

8. The City’s Animal Shelter shall administer an animal breeding permit program to allow the breeding of an unaltered dogs or cats consistent with procedures established by the City Manager, or designee. Under no circumstances shall a permit be issued to a person who has been convicted of animal cruelty or neglect.

9. In addition to the criteria and procedures established by the City Manager pursuant to paragraph 8 of this subsection all breeding permits shall contain the following terms and conditions:

a. The owner of an unaltered female dog or cat shall not allow the whelping of more than one litter in any household within the permit year. Notwithstanding this provision the City Manager is hereby authorized upon application of a permittee to allow on a one-time basis the whelping of up to two dog or cat litters per breeding animal within any domestic household within a permit year if the permittee establishes that such breeding is required to protect the health of the animal or avert a substantial economic loss to the permittee. In the event that a permittee is forced to euthanize a litter of dogs or cats, the City Manager may authorize the whelping of one additional litter of dogs or cats within the same permit year by the permittee.

C. Sale and Other Transfer of Dogs and Cats.

1. Any person who promotes, whether for compensation, or otherwise any dog or cat for sale or other transfer shall disclose to the transferee information regarding the license and permit requirements of the City applicable to the transfer of the animal.

2. No person shall present any dog or cat for sale, barter, exchange or adoption whether for compensation or otherwise, in any public place, without first obtaining a Breeder Permit. The term “Public Place” shall include, but not be limited to, streets, highways, sidewalks, businesses, shopping malls, flee markets, swap meets and areas in front of commercial establishments. This prohibition shall not apply to:

a. Government Agencies, Nonprofit Animal Rescue organizations exempt from Taxation under the Internal Revenue Code § 501 (c) (3); or Humane Societies or Societies for the prevention of cruelty to animals if such societies are incorporated under the provisions of California Corporations Code § 10400 and the Nonprofit Public Benefit Corporation Law in part two of the California Corporations Code beginning at Section 5110.

b. Permitted dog or cat shows.

c. Permitted pet stores which sell or otherwise transfer dogs or cats, whether for compensation or otherwise within the store.

3. No person shall give away any dog or cat as a prize or as inducement to enter into any contest, lottery, drawing, game, or competition.

4. No person shall give away any dog or cat as an inducement to enter a place of business.

5. No person shall sell or give away any dog or cat in any public place or in front of any business not owned by him/her or at any swap meet.

6. No person shall sell, barter, or exchange and/or offer for adoption whether for compensation or otherwise any dog or cat to any minor under the age of eighteen years without the written permission of one of the minor’s parents or legal guardians.

7. Failure to display the Breeder Permit number or include it in any advertisement for sale, adoption or other transfer of dogs or cats is an infraction punishable in accordance with the provisions of subsection (D)(4) below.

8. Possession of a valid permit under this section of this code does not entitle a permit holder to engage in activity that is otherwise prohibited by law.

D. Enforcement of License Provisions and Penalties.

1. Any cat or dog owner found by the city to be in violation of the Breeding Permit provisions of this section may correct the violation(s) by providing conclusive proof to the city that the dog(s) and/or cat(s) have been spayed or neutered, or by obtaining the necessary permit(s) mentioned in this section, no later than thirty days from the date the city first notified the owner of the violation. Should the owner fail to correct the violation(s) in the manner described above, the city shall impose a one-thousand-dollar civil penalty ($1,000) per animal on the dog or cat owner. The penalty shall not be waived by the city upon the transfer or abandonment of the dog or cat by the noncompliant owner. This penalty shall be in addition to any other applicable civil or criminal penalties.

2. If the civil penalty mentioned above is not paid and the owner does not spay/neuter his/her dog(s) or cat(s) or obtain a Breeding Permit(s) required under Subdivision (B) (2), above, within fifteen days from the date the city first notified the owner of the imposition of the civil penalty mentioned in Section (D)(1) the continuing violation of the permit requirement of this section becomes a misdemeanor and may be prosecuted as such.

3. The city may revoke any permit issued pursuant to this Section upon finding the permit holder has violated the terms and conditions thereof. Such a finding shall be made only after an administrative hearing pursuant to the provisions of this code.

4. Failure, except as otherwise provided herein, to comply with the requirements of this section shall be an infraction. (Ord. 97-5, 8-18-1997; amd. Ord. 2025-15, 1-20-2026)

It shall be unlawful for any breeder to advertise for the sale/adoption of a litter of dogs in the City without including in the advertisement a City breeder permit number. (Ord. 97-5, 8-18-1997)

Every commercial animal establishment, breeders, kennels and others who sell or adopt animals must keep permanent records of all dogs sold or adopted and forward such information on a monthly basis to the Pound Master for licensing and confirmation of rabies vaccination. (Ord. 97-5, 8-18-1997)

A spay or neuter deposit will be required upon the purchase of any unaltered dog from the City Animal Shelter pursuant to Food and Agriculture Code section 30503. The deposit will be applied to the spay or neuter surgery of the animal.

Any dog sold from the City Animal Shelter shall be spayed or neutered within thirty (30) days of adoption for animals more than six (6) months of age. For animals less than six (6) months old, they shall be spayed or neutered within thirty (30) days of reaching six (6) months of age for females and within thirty (30) days of reaching eight (8) months of age for males. An extension of time to perform surgery may be granted by the Pound Master if a veterinarian provides a medical determination that the surgery cannot be performed as scheduled and must be postponed. (Ord. 97-5, 8-18-1997)

Under the following conditions, potbellied pigs may be kept as household pets:

(A) An owner of a potbellied pig shall secure a license for their potbellied pig in the same manner as specified in Section 6-2-15 of this Chapter.

(B) Potbellied pigs may only be kept as pets at single-family detached residential dwelling units with individual fenced yards.

(C) A maximum of one potbellied pig may be kept at any residence as described above. A potbellied pig will substitute for a dog when enumerating the permissible total number of dogs per residence under Section 6-2-9 of this Chapter or other applicable section.

(D) Yards and other enclosing structures where potbellied pigs are kept shall be built and maintained so as to keep the animals effectively confined.

(E) Yards and structures where potbellied pigs are kept shall be maintained free of nuisances such as odors, flies, and accumulated waste material.

(F) Tusks (canine teeth) of potbellied pigs shall be removed or kept trimmed below the level of adjacent teeth.

(G) Female potbellied pigs shall be spayed prior to five (5) months of age and male potbellied pigs shall be neutered prior to seven (7) weeks of age; or, if older animals are brought to a residence in the City for pet purposes, spaying and neutering shall be done within two (2) weeks of being brought to residential property within City limits. No breeding of, nor raising litters of, potbellied pigs shall be allowed at any residence.

(H) Potbellied pigs shall be registered/certified by the Potbellied Pigs Registry Service, Incorporated or the North American Potbellied Pig Association as purebred potbellied pigs.

(I) Each pet potbellied pig shall annually be examined by a licensed veterinarian, who will certify the following and prepare a written record of these certifications:

1. Documentation showing that the animal is registered or certified by either the Potbellied Pig Registry Service, Incorporated or the North American Potbellied Pig Association, accompanied by a photograph which can be used to identify the animal described in the registration/certification papers;

2. The age of the potbellied pig;

3. Verification that the animal has been neutered (if male) or spayed (if female);

4. Verification that the potbellied pig has current negative blood tests for brucellosis and pseudorabies;

5. Verification that the animal's tusks have been removed, or have been trimmed so that the ends of the tusks will remain below the height of adjacent teeth until the next scheduled trimming;

6. Verification that the potbellied pig has a current negative test for ova and parasites and/or the animal is being treated with an effective deworming program to prevent tapeworm infection;

7. Verification that the potbellied pig is in good health, with no symptoms of communicable swine diseases or zoonoses;

8. The actual weight of the potbellied pig. This certification document or veterinary record shall be legibly signed by the veterinarian, and shall include the printed name, address, license number and business telephone number of the veterinarian.

(J) The most recent veterinary certification, as described in subsection (H) of this Section, shall be kept at the premises where any pet potbellied pig is being maintained, and shall be promptly presented upon request, so that the elements in this documentation may be verified by representatives of City Code Enforcement, County or State Health Services, animal health/veterinary, and/or animal welfare agencies.

(K) The weight of a pet potbellied pig shall not exceed one hundred twenty (120) pounds. (Ord. 97-5, 8-18-1997)

It shall be unlawful for a person to keep a dangerous or vicious animal. Any animal which has been found to be dangerous or vicious pursuant to the Ordinance Code of the City, or any other county or city ordinance or any state statute, shall be conclusively presumed to be dangerous or vicious. (Ord. 97-5, 8-18-1997)

(A) The Animal Control Officer shall determine whether an animal is dangerous or vicious whenever it has attacked, bitten or caused injury to any human or other animal. Within two (2) business days after an animal which is wearing a license tag is impounded pursuant to this Chapter, the Animal Control Officer shall mail a notice of the Animal Control Officer's determination that the animal is dangerous or vicious and of the owner's right to a hearing on the issue of whether or not the animal is dangerous/vicious. The Hearing Officer shall be the Pound Master or his designee.

(B) The owner of an animal confined or impounded pursuant to this Section may, within the time period provided for application for redemption of the animal, request a hearing to determine whether or not the animal is dangerous/vicious.

(C) When a hearing is requested pursuant to subsection (B) of this Section, the Animal Control Officer shall set a date and time for such a hearing and send a notice thereof by regular mail at least five (5) business days, including Saturday, before such date to the owner at the address set forth on his or her request and shall also notify the victim and the Hearing Officer. (Ord. 97-5, 8-18-1997)

Within two (2) business days after an animal which is wearing a license tag is impounded, the Animal Control Officer shall mail a notice of the impounding to the owner of the animal at the address shown on the application for the license which is on file in the office of the Pound Master, and advise the owner of the procedure whereby he may regain custody of the animal. A fee shall be paid by the owner to the City any time that the Animal Control Officer transports an animal to the City Animal Shelter. A fee for boarding the animal shall also be charged. The fees shall be determined by City resolution based upon the cost of providing the service. (Ord. 97-5, 8-18-1997)

(A) A hearing requested in accordance with subsection 6-2-32(B) of this Chapter shall be conducted before a person appointed a Hearing Officer. The Animal Control Officer shall send notice to victims requesting this hearing.

(B) The hearing shall be open to the public. The owner may be represented by counsel. The Hearing Officer shall hear all pertinent evidence offered by all interested persons. The technical rules of evidence shall not be applicable to the hearing, except that the Hearing Officer's decision may not be based wholly on hearsay evidence. Each side shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues at the hearing even though the matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. If the owner does not testify on his or her behalf, he or she may be called and examined as if under cross-examination, except where criminal charges under Section 6-2-38 of this Chapter are pending against the owner or if it is possible that such charges may be brought against the owner. All persons giving evidence shall be sworn before testifying. The owner may employ a shorthand reporter to record the hearing.

(C) Any animal which has attacked, bitten or caused injury to a human being or other animal is presumed to be dangerous or vicious and the burden is on the owner to present evidence that the animal is not dangerous/vicious.

(D) In making a determination that an animal is or is not dangerous/vicious, evidence of the following shall be considered:

1. Any previous history of the animal attacking, biting or causing injury to a human being or other animal;

• 2. The nature and extent of injuries inflicted and the number of victims involved;
• 3. The place where the bite, attack or injury occurred;
• 4. The presence or absence of any provocation for the bite, attack or injury;
• 5. The extent to which property has been damaged or destroyed;

6. Whether the animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;

7. Whether the animal exhibits characteristics or aggressive or unpredictable temperament or behavior in the presence of human beings or dogs or other animals;

• 8. Whether the animal can be effectively trained to change its temperament or behavior;
• 9. The manner in which the animal has been maintained by its owner or custodian;
• 10. Any other relevant evidence concerning the maintenance of the animal; and

11. Any other relevant evidence regarding the ability of the owner or custodian to protect the public safety in the future if the animal is permitted to remain in the City. (Ord. 97-5, 8-18-1997)

(A) At the conclusion of the hearing, the Hearing Officer may determine:

1. That the animal is not a dangerous or vicious animal and should be returned to its owner;

2. That the animal is not dangerous or vicious, but the attack, bite or injury was the result of improper or negligent training, handling or maintenance and that the license should be revoked and proper training of the owner and the dog be required pursuant to Section 6-2-37 of this Chapter.

3. That the animal is a dangerous or vicious animal and it should be humanely destroyed no sooner than the fifth business day following the mailing of notice of the Hearing Officer's decision, pursuant to Section 6-2-36 of this Chapter.

(B) The decision of the Hearing Officer shall be in writing and shall be delivered personally to the owner or mailed to him or her by regular mailing at the address appearing on the request for hearing. A copy of the decision shall be mailed to the Animal Control Officer.

(C) Judicial review of a decision of the Hearing Officer made after a hearing pursuant to section 1094.6 of the California Code of Civil Procedure where and to the extent said section may be applicable. (Ord. 97-5, 8-18-1997)

(A) It shall be unlawful for any person to own, possess, harbor or keep any animal declared to be dangerous or vicious pursuant to Section 6-2-31 of this Chapter and subsection 6-2-35(A)3 of this Chapter.

(B) Any animal declared to be dangerous/vicious, if not already impounded, shall be immediately surrendered to the Animal Control Officer, and it is the duty of the Animal Control Officer to take up and impound any such animal.

(C) Any animal declared to be dangerous or vicious shall be humanely destroyed. The Animal Control Officer shall sign an order authorizing the destruction of the animal within two (2) business days after the time for judicial review, as provided by Section 6-2-35 of this Chapter, has passed without a request for judicial review being filed, or after the fifth business day after the Hearing Officer's decision affirming that the animal is dangerous or vicious has been served upon the Animal Control Officer. (Ord. 97-5, 8-18-1997)

If it is determined that the animal is not dangerous or vicious, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, then the following conditions will be enforced:

(A) Training will be required of the owner and the animal.

(B) The current license will be revoked and a "provisional" dog license will be issued during a probationary period.

(C) After successful completion of the probationary period, the dog shall be issued a current City dog license.

(D) Any violation of the probation terms set forth by the Hearing Officer will result in immediate impoundment. The animal will be declared to be dangerous or vicious and humanely destroyed no sooner than five (5) business days after mailing a notice of violation of probation and impoundment. (Ord. 97-5, 8-18-1997)

(A) In any case wherein an animal attacks a human being or another animal, then such act shall constitute a separate and distinct violation, and shall be punishable as follows:

1. Any person whose animal attacks a human being without causing bodily injury, or attacks another animal, shall be guilty of an infraction and shall be punished upon a first conviction by a fine of one hundred dollars ($100.00) and for a second conviction within a period of one year by a fine of two hundred dollars ($200.00) and for a third or subsequent conviction within one year, by a fine of three hundred dollars ($300.00).

2. Any person whose animal attacks a human being causing bodily injury shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County jail for not more than six (6) months, or by both such fine and imprisonment.

3. After each attack or bite, the Animal Control Officer shall determine whether a dog is dangerous or vicious pursuant to Section 6-2-32 of this Chapter. (Ord. 97-5, 8-18-1997)

(A) Except as otherwise provided in Section 6-2-37 of this Chapter, any person violating any provision of this Chapter shall be deemed guilty of an infraction and shall be subject to the following fines:

1. Fifty dollars ($50.00) upon the first offense.

2. One hundred dollars ($100.00) upon the second offense in a twelve (12) month period.

3. Two hundred fifty dollars ($250.00) upon the third offense in a twelve (12) month period.

If any violation is continued, each day's violation shall be deemed a separate violation. Any person found guilty of more than three (3) violations of this Chapter within a twelve (12) month period shall be deemed guilty of a misdemeanor and fined up to one thousand dollars ($1,000.00) or imprisoned for a term not to exceed thirty (30) days for each misdemeanor conviction. The person shall also pay any and all expenses, including shelter, food, veterinarian expenses for identification or certification or boarding associated with the seizure of the animal. (Ord. 97-5, 8-18-1997)

The Provisions of Penal Code § 597 are incorporated by reference into this Section. It shall be unlawful for any person to leave unattended or abandon any animal or animals at any location within the city limits that is accessible to the public. Any person having the charge or custody of any animal or animals either as owner or otherwise who leaves, places or abandons any animal or animals in any place within city limits that is acceptable to the public shall be guilty of a misdemeanor if such abandonment, placement, or leaving the animal results in depriving the animal of proper shelter, food or drink or veterinary care for any appreciable period of time. A person who intentionally leaves unattended or abandons an animal under his or her custody or control is guilty of a crime punishable by imprisonment for not more than one (1) year or to a fine of not more than $5,000, or both such fine and imprisonment. A violation of this section, in the discretion of either the Citing Officer, or the City Attorney may be punished as an infraction by a fine of not more than $1,000 for each violation. Every animal abandoned shall be a separate violation of the section. The Citing Officer shall specify in a citation the nature of the offense. (Ord. 2025-11, 9-2-2025)