Sonora Municipal Code § 6.04 Animal Control

The ordinance codified in this chapter shall be known as "The Animal Control Ordinance."

(Ord. 773 (part), 1998.)

This title shall apply to all incorporated territory within the established city limits.

(Ord. 773 (part), 1998.)

As used in this title unless the context requires otherwise, the following words and phrases shall have the following meanings:

"Animal" means any member of the kingdom Animalia, phylum Chordata, subphylum Vertebrata, exclusive of Homo sapiens.

"Animal control officer" means the officer duly appointed by the chief of police to fill a position in animal control. Whenever a power is granted to or a duty imposed upon the animal control officer, the power may be exercised, or the duty may be performed by the animal control officer, or by a person authorized pursuant to law, unless this chapter expressly provides otherwise.

"Animal facility" means any establishment operated for profit, exclusive of a licensed veterinary medical facility, and not limited to commercial, hobby, or boarding kennel, pet shop, or grooming parlor in or at which dogs four months of age or older or cats four months of age or older are kept, or any animal considered wild or exotic is harbored or maintained.

"Animal nuisance" means such actions or behaviors of an animal (excluding those agricultural activities permitted by law or regulation unless such agricultural activities are prohibited pursuant to Section 17.77.020) which interfere with the rights of persons to the enjoyment of life or property by creating chronic annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept, harbored or maintained, and shall include, but not be limited to the following:

1. Causes fouling of the air by unpleasant odor of accumulated fecal waste or urine; or

2. Causes unsanitary conditions in enclosures or surroundings; or

3. Makes excessively loud or disturbing noise; or

4. Causes a danger to public health, safety, or welfare by virtue of the number or types of animals maintained;

5. Violates Section 17.77.020.

"At large" means:

1. A dog off the premises of the owner and not under restraint by leash and physical control of the owner; or

2. Any other animal off the premises of the owner and not under the immediate control or restraint of the owner.

"Cat" includes any member of the species "Felis catus:" customarily confined or cultivated as a pet over the age of four months.

"Cattery." (See definition included in subsection T of this section.)

"City" means the City of Sonora.

"Commercial animal establishment" means any location where the business of grooming, buying selling, bartering, training, renting, or boarding of dogs, cats, wild animals, domestic animals, livestock, poultry or domesticated fowl is conducted. This definition shall not apply to:

1. Buying and selling of dogs by dog hobbyists;

2. Buying and selling of dogs by ranch dog permittees;

3. Business activities of a duly licensed veterinary hospital;

4. Training facilities where owners are trained to handle their own pets;

5. The Tuolumne County Humane Society.

"County" means the county of Tuolumne County.

"Dangerous animal" means any animal (except a dog assisting a peace officer engaged in law enforcement duties) which can be categorized in any one or more of the following manners:

1. Behaves in such a manner that the owner knows or should know that the animal poses a threat to public safety.

2. Because of its size, training, behavior, physical nature, or vicious propensity, the owner knows or should know the animal would threaten public safety if it were not controlled as prescribed in this chapter.

3. Threatens or attacks any person in a manner which requires substantial defensive action by the person to prevent bodily injury.

4. Threatens or attacks any other animal belonging to another when such other animal is confined upon private property or otherwise lawfully restrained and controlled.

"Dangerous behavior" means any act(s) committed by an animal as defined in this chapter.

"Domestic animal" means dogs and cats, except as limited in this section, as well as horses, donkeys, mules, burros, cattle, sheep, goats, swine, llamas, camels, domesticated hoofed animals, rabbits, poultry or domesticated fowl commonly kept or raised in the country as farm or livestock animals.

"Dog" means any member of the species "Canis familiaris" over the age of four months customarily confined or cultivated as a pet.

"Dog license" means the license required to be annually issued for each individual dog residing in the city.

"Exotic animal" means any wild animal not customarily confined or cultivated for domestic or commercial purposes but kept as a pet or for display.

"Feral animal" means any domestic animal which is known to live in a wild or semi-wild state without benefit of an owner or any domestic animal which has escaped for a substantial period of time from the care of its owner and is existing in a wild state without benefit of domestication.

"Health officer" means the health officer of the county.

"Horse" means any equine animal such as a mule, burro, pony, jack, hinny or jenny.

"Impoundment" means the taking up and confining of an animal by the animal control officer in accordance with the provisions of this chapter or other applicable law or regulation.

"Kennel" means any enclosure, residence, premises, building, dwelling, structure, lot or area defined as follows:

1. "Commercial kennel or cattery" is any kennel maintained as a business where more than four dogs or cats are kept for the purpose of boarding, breeding, buying, selling, renting, exhibiting or training; or

2. "Hobby kennel or cattery" is any kennel maintained primarily for personal recreational use where more than four dogs or cats are kept for the purpose of breeding, training or exhibiting.

3. "Pet household" is any kennel where more than four dogs or cats are kept, in any combination, for personal enjoyment, all of which are spayed or neutered, and licensed as required by Section 6.04.080. This definition does not supersede any other zoning issue concerning the ownership of animals.

"Kitten" means any feline under four months of age.

"Leash" means any substantial rope, leather strap, chain, or other material not exceeding six feet in length being held in the hand of a person capable and actually controlling the dog to which it is attached.

"Licensed dog" means any dog for which the license fee for the current year has been paid and a tag has been provided and attached.

"Owner" means the primary or responsible person who possesses, has title to, has an interest in, harbors, has control of, or has custody (including temporary custody) of an animal.

"Person" means fictional entities such as corporations, estates, associations, partnerships and trusts, or one or more individual human beings or responsible members of a familial household.

"Pet shop" means an establishment operated by any person, firm or corporation where live animals are kept for sale, barter or hire.

"Poultry" means any domesticated fowl kept for its meat or eggs. For the purposes of livestock keeping in the city limits (Section 17.77.020), "poultry" means domesticated fowl raised for meat or eggs. For the purposes of livestock keeping, "poultry" includes chickens (hens), pheasants, quail, doves, domestic turkeys and domestic hybrids of these species. For the purposes of livestock keeping, "poultry" excludes roosters, ducks, pigeons, guinea fowl, geese, peacocks, pea hens, guineas, chukars, grouse and all large fowl (e.g., ostriches, emus).

"Public animal shelter" means the facilities provided by the county for the impoundment, relinquishment, quarantine, and adoption or sale of animals.

"Puppy" means any canine under four months of age.

"Surrendered animal" means any animal delivered by the owner thereof to the county animal control shelter or an animal control officer, and for which the owner fills out the prescribed surrender forms.

"Unlicensed dog" means any dog for which the license fee for the current year has not been paid or to which a tag has not been issued for under this chapter; or if issued, is not attached to the dog with the exception of those circumstances indicated in Section 6.04.080 through Section 6.04.155.

"Veterinarian" means a person licensed by the state of California to practice veterinary medicine.

"Vicious animal" means any animal (except a dog assisting a peace officer engaged in law enforcement duties) which has, on one or more occasions, committed any one or more of the following acts:

1. Physically attacked, mauled or injured by biting any person.

2. Physically attacked, mauled or physically injured by biting any person when the owner thereof knows or should reasonably know that the animal poses a threat to public safety and has made no substantial effort to prevent the attack or when the owner has purposefully encouraged or commanded the animal to attack, maul or physically injure any person.

3. Physically attacked and injured by biting any animal, which is lawfully maintained on private property not belonging to the owner of the offending animal.

4. Physically attacked and injured by biting any animal, which is lawfully maintained or controlled upon public property.

"Vicious behavior" means any acts committed by an animal as defined in subsection (EE) of this section.

"Wild animal" means:

1. Any animal of the class Aves (birds), class Mammalia (mammals), class Amphibia (frogs, toads, salamanders), class Osteichtyes (bony fishes), class Monorhina (lampreys), class Reptilia (reptiles), class Crustacea (crayfish), or class Gastropoda (slugs, snails) which is not normally domesticated in this state as determined by the Fish and Game Commission.

2. Any hybrid animal which is part wild and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the state.

(Ord. 814, § 4, 12-17-2012; Ord. 773 (part), 1998.)

The office is responsible for administering this chapter and any other statute, ordinance or regulation dealing with animals, including Section 17.77.020 (livestock keeping). The office shall be headed by the chief of police. The positions of any officers, assistants or officers in the office shall be filled pursuant to personnel ordinances or regulations of the city and shall be under the supervision of the chief of police.

(Ord. 773 (part), 1998.; Ord. 814, § 4, 12-17-2012)

The animal control officer shall not sell or donate any dog or cat to anyone for research purposes.

(Ord. 773 (part), 1998.)

The powers and duties of the animal control officer shall be broadly interpreted to permit the animal control officer to enforce all provisions of this chapter and any other statute, ordinance or regulation dealing with animals, including Section 17.77.020 (livestock keeping), and all laws of the state relating to the care, treatment and impoundment of animals.

(Ord. 773 (part), 1998.; Ord. 814, § 4, 12-17-2012)

A. The animal control officer shall, upon appointment and during the tenure of their office, become and be vested with the powers of arrest of a peace officer of the city, and each shall have the power and it shall be their duty to issue citations and make arrests for violations of any of the provisions of this chapter and any other statute, ordinance or regulation dealing with animals, including Section 17.77.020 (livestock keeping). The power to arrest shall be those powers granted to a peace officer pursuant to California Penal Code Sections 830.9 and 836.

B. After successful completion of the course of training required by Section 832 of the Penal Code, animal control officers are authorized to carry city supplied .22 caliber rifles while on duty. Such officers are prohibited from carrying or using any other weapon while on duty. The carrying and use of city supplied .22 caliber rifles shall be in strict accordance with the rules and regulations established by the chief of police.

(Ord. 814, § 4, 12-17-2012; Ord. 773 (part), 1998.)

In the performance of the animal control officer's duties, the animal control officer shall have the authority to employ the use of animal tranquilizer equipment and all other animal control devices commonly used by other animal control agencies located within the state of California.

(Ord. 773 (part), 1998.)

A. The animal control officer is authorized to enter upon any premises upon which any animal is kept, for the purpose of taking up, seizing, or impounding any animal found running at large, staked, or grazing thereon contrary to the provisions of this chapter or for the purpose of ascertaining whether any law of the city or state related to the care, treatment, or impounding of any animal or whether any provision of this chapter is being violated.

B. The animal control officer is authorized to enter upon any lands or premises for the purpose of apprehending and impounding any animal that constitutes a threat or hazard to the safety of any person or animal.

(Ord. 773 (part), 1998.)

The city shall not issue licenses for dogs or any exotic animals. License for animals residing within the city must be obtained through Tuolumne County animal control. All requirements in regards to licenses will be under the control of and subject to rules and regulations of the Tuolumne County animal control.

(Ord. 773 (part), 1998.)

A. Any person owning or operating any kennel or animal facility as defined in Section 6.04.020 subsections C, O, T, and II, above, shall obtain a kennel license.

B. Prior to obtaining a kennel license from the animal control office, the applicant must present written approval obtained from the city planning department to the animal control officer, that the parcel the applicant intends to use is zoned for a kennel. An applicant whose property is not zoned for a kennel must apply and qualify for a conditional use permit. Applications for conditional use permits are obtained from the city planning department.

C. Applications for kennel license shall be on forms provided by the city. The license period shall begin July 1st and end June 30th. The yearly fees shall be determined by resolution of the city council.

D. Change of Status. During the term of any kennel license issued pursuant to this section, the holder of the kennel license shall, within three business days, file, in writing with the police department, notice of any changes in location, type or quantity of animal, or means of housing of the animals kept in the kennel or animal facility.

E. The animal control office shall issue a license to each owner of a kennel for each fiscal year as defined by this section so long as the owner complies with all statutes, rules and regulations pertaining to kennels.

F. Nothing in this section shall relieve the owner of any kennel from complying with any other statute or ordinance, not specifically excluded herein, relating to the ownership or keeping of animals.

(Ord. 773 (part), 1998.)

A. Animal facilities where dogs and/or cats are not actually housed, and "pet households" as defined in Section 6.04.020(T)(3), shall be exempt from the kennel licensing requirements of Section 6.04.090.

B. An owner of a kennel need not comply with Section 6.04.080 for any dog within a licensed kennel nor shall any dog within a licensed kennel be required to wear current license tags; provided each such kennel comply with Section 6.04.090.

(Ord. 773 (part), 1998.)

A. Minimum Guidelines. The animal control office shall set minimum guidelines for the proper care and maintenance of a kennel, cattery, or animal facility. The guidelines adopted, for the facility and the animals kept there, shall at a minimum be consistent with applicable state and federal standards. A copy of such guidelines shall be provided by the animal control office in writing to the applicant with each application for a kennel license.

B. Failure to Meet Minimum Guidelines. If the applicant or license holder fails to meet the requirements set forth in the guidelines, the animal control officer shall notify the applicant or license holder in writing. The written notice shall advise the applicant or license holder of any existing deficiencies and the corrective measures that must be taken and completed to bring the facilities into compliance with the guidelines. The animal control officer shall give the applicant or license holder no more than thirty calendar days to complete the corrective measures, unless the deficiency threatens the health or welfare of the animals. In such case, the animal control officer shall demand the applicant or license holder to immediately correct the deficiencies.

C. Failure to Comply with Animal Control Officer's Directive to Correct Deficiencies. The animal control officer shall do one or more of the following, as applicable, for any applicant or kennel license holder who fails to correct the noted deficiencies within the prescribed period of time:

1. Deny a person's application; and/or

2. Revoke an individual's kennel license; and/or

3. Refer the matter to the district attorney's office for criminal prosecution.

D. Failure to Comply Constitutes a Continuing Violation. Any person who knowingly violates the provisions of Section 6.04.090 through and including Section 6.04.110 shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within the prescribed time as set forth in this section; and when not otherwise specified, each thirty days that the prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent or preclude the animal control officer from enforcing the directive to correct the deficiencies.

E. Method of Denial or Revocation. The denial of an application or renewal of a license or the revocation of any existing license by the animal control officer shall be in writing, with the reasons for denial or revocation stated.

The animal control officer shall include a copy of the provisions of the section of this chapter governing kennels, the applicable guidelines, and any other provisions of this chapter with the written notice of a denial of an application, renewal or revocation of any existing license.

The animal control officer shall cause the notice specified herein to be served by first-class mail or personal service.

(Ord. 773 (part), 1998.)

No kennel license shall be required of any veterinarian treating or caring for dogs owned by others.

(Ord. 773 (part), 1998.)

The provisions of Penal Code Section 597.1 are adopted in their entirety and incorporated herein and shall apply to all law enforcement agencies and empowered animal protection organizations within the incorporated areas of the city.

(Ord. 773 (part), 1998.)

The provisions of Section 597(f) of the Penal Code shall not be applied within the incorporated areas of the city or to any law enforcement agencies and empowered animal protection organizations within the incorporated areas of the city.

(Ord. 773 (part), 1998.)

No person shall make or have in his/her possession or place on any dog a counterfeit or imitation of any tag issued pursuant to this chapter, nor shall any person other than the owner remove any tag from any dog.

(Ord. 773 (part), 1998.)

Upon demand of the animal control officer, the owner of any dog shall permit the inspection thereof at all reasonable times as may be necessary for the enforcement of the provisions of this chapter and shall display for his/her inspection any tag or certificate of vaccination which may have been issued for that dog.

(Ord. 773 (part), 1998.)

The owner of every dog as defined by Section 6.04.020(M) shall securely fasten the current tag to a substantial collar or body harness which the dog shall wear at all times. This requirement shall not apply under any of the following circumstances:

A. The dog is inside a private residence or dwelling; or

B. The dog is participating in one of the following activities:

1. Obedience training,

2. Field trials,

3. Organized dog show,

4. Professional breeder's events, or

5. The dog is being groomed, or

6. The dog is engaged in the control of livestock.

(Ord. 773 (part), 1998.)

The Tuolumne County animal control shall not issue a license tag for any dog which has attained the age of four months, or over, unless a valid official certificate of vaccination is presented with the license fee. The certificate of vaccination, signed by a licensed veterinarian, shall indicate the date of vaccination and the type of vaccine administered.

(Ord. 773 (part), 1998.)

Every licensed veterinarian in the city shall submit on a monthly basis to Tuolumne County animal control a copy of the rabies vaccination certificate as defined by CCR 2606.4(2) for each dog vaccinated the previous month.

(Ord. 773 (part), 1998.)

The requirement that any dog which has attained the age of four months, or over, shall be vaccinated against rabies as a prerequisite to issuance of a license shall continue in force and effect until:

A. The end of one year from the date of the presently effective declaration of the city as a rabies area unless, not earlier than two months prior to the end of the year, it is again declared to be a rabies area in the manner provided in Health and Safety Code Section 121585; or

B. The director of State Department of Public Health at any time finds and declares that an area has ceased to be a rabies area, its status shall terminate upon the date of declaration.

(Ord. 773 (part), 1998.)

No person shall keep, harbor, or maintain any dog over the age of four months within the incorporated area of the city unless such dog has been vaccinated by a licensed veterinarian with a canine rabies vaccine approved by and in the manner prescribed by the State Department of Public Health.

(Ord. 773 (part), 1998.)

Any person or agency having knowledge that an animal capable of being infected with and transmitting the rabies virus:

A. Has bitten or otherwise exposed any person; or

B. Has been potentially exposed to rabies; or

C. Is suspected of having rabies,

shall report such information to animal control immediately. Any person who fails to report such information or wilfully conceals information about the location or ownership of the animal is guilty of a misdemeanor.

(Ord. 773 (part), 1998.)

Any

domestic animal of a species subject to rabies, that has bitten or otherwise exposed any person shall be isolated under strict confinement for a period of at least fourteen days after the day of exposure. If such animal is a dog or cat, it shall be isolated under strict confinement for a period of at least ten days after the day of exposure. Such animal shall be isolated at a pound, veterinary hospital, or other adequate facility in a manner approved by the local health officer, except as provided for as follows:

A. Dogs and cats under daily direct observation of a licensed veterinarian may be released from quarantine after a total of five days of observation providing a thorough physical exam is conducted on the fifth day; or

B. Home quarantine may be permitted at the discretion of the animal control officer and the approval of the local health officer providing:

1. The owner of any dog can produce proof of a current rabies vaccination,

2. The owner agrees to sign and abide by a list of conditions set forth by the animal control officer,

3. The owner agrees to immediately notify the animal control officer if the animal becomes ill, escapes, or bites again, and

4. The owner will relinquish the body of the animal if it dies so it can be tested for rabies.

(Ord. 773 (part), 1998.)

A. Any domestic animal of a species subject to rabies that has been bitten by or been in intimate contact with a known rabid or suspected rabid animal shall be isolated under strict confinement for a period of six months or destroyed. Such animal shall be isolated at a pound, veterinary hospital, or other adequate facility in a manner approved by the local health officer. Home quarantine may be permitted at the discretion of the animal control officer and the approval of the local health officer providing:

1. The owner of the animal agrees to sign and abide by a list of conditions set forth by the animal control officer;

2. The owner agrees to immediately notify the animal control officer if the animal becomes ill, escapes, or bites someone; and

3. The owner will relinquish the body of the animal if it dies so it can be tested for rabies.

B. The following alternatives are permitted for dogs and cats:

1. If the dog or cat is over one year of age and has been vaccinated against rabies with an approved vaccine within the past thirty-six months but not less than thirty days, the dog or cat may be re-vaccinated immediately (within forty-eight hours) and quarantined for a period of thirty days; or

2. If the dog or cat is under one year of age and has been vaccinated against rabies with an approved vaccine within the past twelve months but not less than thirty days, the dog or cat may be revaccinated immediately (within forty-eight hours) and quarantined for a period of thirty days.

(Ord. 773 (part), 1998.)

The animal control officer shall arrange for the testing for rabies of the carcass of a suspected animal at an approved public health laboratory if:

A. The animal has been killed or died before quarantine can be completed;

B. The animal displays symptoms indicative of rabies before quarantine can be completed;

C. The animal is ill or injured and a veterinarian recommends and the owner agrees to euthanization before quarantine can be completed; or

D. The animal is a wild or exotic species.

(Ord. 773 (part), 1998.)

Any person who, after notice, violates or permits another to violate, any order of the animal control officer as set forth in Sections 6.04.190 and 6.04.200 is guilty of a misdemeanor.

(Ord. 773 (part), 1998.)

A. Every owner of a dog shall keep it exclusively upon his/her own premises; provided, however, that such dog may be off such premises if it is under the control of a person capable and actually restraining the animal by a leash. The following purposes are permitted and excepted therefrom, provided the dog does not present a hazard to the public safety and welfare, does not trespass upon private property, cause a nuisance or violate any other provision of this chapter or state law:

1. Lawful hunting;

2. Livestock herding and control on public lands;

3. An animal being used by peace officers in the pursuit of their duties;

4. Organized field trials; and

5. Tracking, obedience training or show and other recognized work activities when under the direct control of the owner or handler.

B. For purposes of this section, the owner of any motel, hotel, bed and breakfast, auto court, trailer court or campground shall be deemed to be the person having control of any dog on the premises.

(Ord. 773 (part), 1998.)

Any person whose dog is running at large in violation of Section 6.04.230 and, while so running at large, such dog inflicts bodily injury on another or causes property damage is guilty of a misdemeanor.

(Ord. 773 (part), 1998.)

A. Except for the purpose of exercising and while under strict control of the owner, no owner shall permit any female dog to run at large at any time during the period when the dog is in heat or breeding condition.

B. For purposes of this section, "at large" means outside a house, garage, building, or other closed structure.

(Ord. 773 (part), 1998.)

The animal control officer shall take possession of and impound any dog found within the incorporated area of the city which is not licensed and tagged as required by this chapter or which does not have a current license tag of a city or county equivalent to a license and tag of this county, or any dog running at large contrary to the provisions of this chapter.

(Ord. 773 (part), 1998.)

A. Any animal may be humanely destroyed immediately if determined appropriate by a veterinarian. Cats which are severely injured or seriously ill, or newborn cats unable to feed themselves may be euthanized immediately by the animal control officer.

B. Reasonable care shall be taken to preserve a stray animal from injury, death or escape while impounded. If the animal is injured, dies, stolen or escapes, the animal control officer shall not be held liable in any manner therefor.

(Ord. 773 (part), 1998.)

The animal control officer shall attempt to locate the owner of any licensed or identifiable dog which has been impounded and notify the owner of the fees and charges for the impounding and where the dog may be redeemed. Failure or refusal to pay the fees and charges after the due notification of the impounding within seventy-two hours shall be deemed to be an abandonment of the dog by the owner. Thereafter the dog may be disposed of in the same manner as an animal which has been voluntarily surrendered.

(Ord. 773 (part), 1998.)

Notice shall be given to all owners of all other animals impounded by animal control if such owners are known to the animal control office. The animal control officer shall attempt to ascertain the names of the owners of all animals impounded. Where practicable, the animal control officer shall attempt to give notice to owners of animals prior to their impoundment so that they might be disposed of without impoundment. Failure or refusal to pay fees and charges after due notification of the impounding within seventy-two hours shall be deemed to be an abandonment of the animal by the owner.

(Ord. 773 (part), 1998.)

The owner of any impounded animal shall have the right to reclaim the same at any time prior to lawful disposition thereof, upon payment to county animal control of the cost and charges for the impounding and keeping of such animals, provided, however, that if the animal is one which is subject to the licensing provisions of this chapter, the licensing requirements must be satisfied before the animal is released. If the impounded dog is not currently vaccinated against rabies as required, a fee shall be required as a rabies deposit. A voucher shall be issued for the amount of the rabies deposit which is applied towards the cost of a rabies vaccination at any local participating veterinarian's office or rabies clinic.

(Ord. 773 (part), 1998.)

A. Purpose. The purpose of this section is to regulate, within the incorporated areas of the city, the keeping of animals that are potentially dangerous or vicious or involve a threat to the safety of people and other animals.

B. Seizure of an Animal Posing an Immediate Threat to Public Safety. If the animal control officer determines that an animal poses an immediate threat to public safety, the officer may seize and impound such animal. The owner or keeper of the animal shall be liable to the county for the costs and expenses of keeping the animal.

C. Owner Responsibility. Any owner of any animal is deemed responsible for the acts committed by that animal.

D. Sale of Dangerous or Vicious Animals Prohibited. No animal held in custody by animal control known to have exhibited dangerous or vicious behavior as defined in Section 6.04.020, subsections J and GG shall be released for sale to any member of the public but rather shall be destroyed upon exhaustion of the required period of impoundment unless legally reclaimed by the owner.

E. Animals Subject to Impoundment. Upon notification of the whereabouts of a dangerous or vicious animal, the animal control officer shall immediately conduct an investigation of the matter for the purpose of verifying the report. If after investigation, the animal control officer determines that the animal has bitten or has attacked a person or another animal so as to indicate dangerous or vicious propensities, he/she shall notify the owner of the matter in writing and direct that the owner of the animal keep the animal within a secured enclosure as set forth in subsection H of this section. Failure to comply with this written directive shall constitute a violation of this chapter.

The owner of the suspect animal shall have five business days from receipt of the notice of dangerous or vicious animal declaration to present written evidence contrary to the determination of the animal control officer to the Sonora police department. Failure to file written evidence with the Sonora police department within five business days shall constitute waiver of the right to challenge the initial determination of the animal control officer.

If the owner of the suspected animal presents written evidence contrary to the determination of the animal control officer within the prescribed period, the matter shall be submitted to the city administrator. The city administrator, upon reviewing the written evidence, shall make a final determination within ten working days of the deadline for submittal of evidence.

The final decision of the city administrator shall be served by first class mail, return receipt requested.

F. License. The animal control officer shall issue every declared vicious or dangerous animal a distinctive type of identification. The owner of a vicious or dangerous animal shall be responsible to ensure that the identification is worn at all times in the manner directed by the animal control officer. Any animal found to be in violation of this chapter may be impounded. Every declared vicious or dangerous animal shall thereafter be licensed by Tuolumne County animal control. The license fee referred to in this subsection for declared vicious or dangerous dogs shall be in addition to the license fee set forth in Section 6.04.080.

G. Duty to Report Change of Ownership or Location of Animal. If the declared dangerous or vicious animal dies, or if there is any change in ownership or location of the animal, the owner of the animal shall notify the animal control officer in writing of the change in condition and the new location and/or the owner of the animal within two working days.

H. Duty to Maintain Control of Declared Dangerous or Vicious Animal. A declared dangerous or vicious animal shall, at all times, be kept within an enclosed structure (such as a house or garage), chain link kennel, solid board fence, or chained within a securely fenced yard from which the animal cannot escape, and into which children cannot trespass. The animal control officer shall approve the manner and location in which the animal is to be kept within five working days of the declaration of the animal as a "dangerous or vicious animal."

When the animal is outside of its enclosure, the animal must be muzzled and kept on a leash held by a responsible adult capable of restraining the animal.

I. Conditions for Destroying a Dangerous or Vicious Animal. When a declared dangerous or vicious animal exhibits behavior consistent with the behavior set forth in subsections J and GG of Section 6.04.020, the animal control officer shall petition the county municipal court for humane destruction of the animal. This hearing shall be open to the public. The court may admit all relevant evidence including incident reports and affidavits of witnesses.

J. Violation of Provisions Contained in Section 6.04.264. Any person who fails to keep his/her animal in an approved secured enclosure as required by subsection H of this section is guilty of a misdemeanor.

(Ord. 773 (part), 1998.)

A. No person shall own, keep, harbor or maintain any dog or puppy within the incorporated area of the city that barks, howls, cries, bays, or whines for extended periods of time. If the animal control officer witnesses the above violation and no one is available to sign and accept a citation, the animal control officer may impound the noisy dog or puppy.

B. No person shall own, keep, harbor or maintain any animal which creates a nuisance as defined in Section 6.04.020(D).

(Ord. 773 (part), 1998.)

The county animal control officer shall keep a record of all licenses issued pursuant to this chapter and such other records as are necessary for the proper administration of this chapter.

(Ord. 773 (part), 1998.)

The animal control officer shall have the authority, when a clear and present danger to public safety exists and reasonable means of capture have failed, to direct the humane destruction of an animal in the field.

(Ord. 773 (part), 1998.)

A. It shall be the duty of the owner of any animal that dies in the incorporated area of the city to dispose of the carcass within a reasonable time by cremation, burial, or other lawful means.

B. The animal control officer may, upon request, dispose of the carcass of any unidentified dead animal found in the incorporated area of the city. The animal control officer will evaluate the need to dispose of a carcass based upon the following criteria:

1. The likelihood the carcass will pose a road hazard on any city road.

2. Where the carcass is located. The officer will give greater priority to carcasses located in highly populated areas.

3. Likelihood of consumption by a scavenger animal. The officer reserves the right to leave the carcass if it is a remote area and likely to be consumed by a scavenger animal.

C. Whenever the animal control office disposes of the carcass of any dead animal which has not been disposed of by the owner in the manner prescribed by subsection A of this section, the owner shall be liable for the expenses incurred to dispose of the carcass.

(Ord. 773 (part), 1998.)

No person owning or having control of any domestic, exotic, livestock or wild animal shall:

A. Permit such animal to run at large.

B. Cause or permit any such animal to be pastured, staked or tied in any street, road, lane, alley, park or other publicly owned property.

C. Tie, stake or pasture, or permit the tying, staking or pasturing of any such animal upon any private property within the city without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property. No person shall suffer or permit any chickens, geese, ducks, turkeys, squabs or similar fowl or rabbits, owned or controlled by the person to run or fly at large or go upon the premises of any other person in the city.

(Ord. 814, § 4, 12-17-2012; Ord. 774 (part), 1998; Ord. 773 (part), 1998.)

A. Every person owning or occupying premises where any animal as defined in Section 6.04.020 is kept shall maintain the stable, barn, yard, stall, pen, coop, building or place in which such animal is kept in a clean and sanitary condition.

B. The owner of any animal, wild or domestic, shall provide proper and adequate food, water, shelter, qualified medical care and attention for such animal at a level which insures the animal's safety, good health, and well-being.

(Ord. 773 (part), 1998.)

No person shall abandon any domestic animal in the city.

(Ord. 773 (part), 1998.)

No person shall leave an animal in any unattended motorized vehicle without adequate ventilation, in unhealthful conditions, or otherwise under such circumstances as to allow the animals to be subjected to extreme temperatures or other conditions which adversely affect its health, safety, or well-being.

(Ord. 773 (part), 1998.)

No person shall interfere with the animal control officer in the performance of his/her duties as set forth in this chapter.

(Ord. 773 (part), 1998.)

No person knowingly shall withhold any information as to the whereabouts of any dog known to be or suspected of being rabid, vicious, or dangerous by the animal control officer when requested to furnish that information by that officer.

(Ord. 773 (part), 1998.)

No person shall wilfully make a false or misleading statement or representation to the animal control officer, acting in his/her official capacity, regarding the ownership or right to custody or control of an animal for which a permit or license is required, or regarding the ownership of an animal redeemed from, relinquished to, impounded by, or taken up by the animal control officer pursuant to this title.

(Ord. 773 (part), 1998.)

Any person who, after notice of any lawful directive from the animal control officer, shall be guilty of an infraction if the person violates any provision of the directive and/or with actual or constructive knowledge permits another person to violate any provision of the directive.

(Ord. 773 (part), 1998.)

It is unlawful for any person to operate or maintain any commercial animal establishment without first obtaining a permit therefor. Any annual permit fee shall be set by resolution prior to being imposed for such purposes. Such permit shall expire on the last day of the twelfth month from the date of issue. In the event that application for renewal is not made on or before the date of expiration, a delinquency charge of twenty percent of the fee shall be assessed. For every calendar month delinquency, an additional twenty percent of the fee shall be assessed. The animal control officer shall, in connection with the issuance of any such permit, establish such conditions as may be necessary to provide for the humane care and treatment of the dogs, cats and other animals, either domestic or wild. The animal control officer may deny or revoke such permit when necessary to insure the humane care and treatment of the dogs, cats or other animals, whether they are domestic or wild.

(Ord. 742 § 2, 1999.)

"Commercial animal establishment" means any location where the business of grooming, buying selling, bartering, training, renting, or boarding of dogs, cats, wild animals, domestic animals, livestock, poultry or domesticated fowl is conducted. This definition shall not apply to:

1. Buying and selling of dogs by dog hobbyists;

2. Buying and selling of dogs by ranch dog permittees;

3. Business activities of a duly licensed veterinary hospital;

4. Training facilities where owners are trained to handle their own pets;

5. The Tuolumne County Humane Society.

(Ord. 814, § 4, 12-17-2012; Ord. 742 § 3, 1999.)

It is unlawful for any person to operate, conduct or maintain any commercial show, circus, animal exhibition, carnival, or advertising display or device in which any dog, cat, or other animal, wild or domestic, or fowl, is used without first having obtained a permit therefor. Any annual permit fee shall be set by resolution prior to being imposed for such purposes. The animal control officer shall, in connection with the issuance of any such permit, establish such conditions as may be reasonably necessary to protect the public health and safety, and to provide for the humane care and treatment of any dogs, cats, or other animals, wild or domestic, or fowl, which may be so used.

(Ord. 742 § 4, 1999.)

Except as otherwise provided herein, any person violating any provision of this chapter shall be guilty of an infraction punishable by a fine.

(Ord. 742 § 5, 1999.)