Susanville Municipal Code Ch. 6.04 Animals Generally

For the purpose of this chapter, the following definitions apply:

"Animals"

means and includes horses, ponies, mules, jacks, jennies, cows, bulls, calves, heifers, llamas, sheep, goats, swine, rabbits, pigeons, chickens, ducks, geese, turkeys, fowl, emus, ostriches, and all other domestic or domesticated animals other than household pets. It does not include dogs.

"Animal control officer"

means every employee or agent of the city designated to enforce the provisions of this chapter. As used herein, animal control officer shall include police officer or sheriff's officer as defined in Penal Code Section 830.

"Animal shelter"

means any premises designated by the city for the purpose of impounding and caring for dogs found running at large, or otherwise in violation of this chapter.

"At large"

means a dog off the premises of its owner and not under restraint, and not otherwise immediately responsive to the command of its owner, keeper or other person capable of exercising restraint over the dog.

"Commercial animal establishment"

means any pet shop, grooming shop, guard dog auction, riding school or stable, boarding or breeding kennel, whether for dogs, animals or household pets.

"Destroy"

means putting any animal or household pet to death by humane methods and by either a licensed veterinarian or the veterinarian's authorized designee.

"Dog"

means any canine animal, male or female, spayed or neutered.

"Exposed to rabies"

means a human, animal, dog, or household pet has been exposed to rabies if it has been bitten, scratched, or exposed to, any animal, dog, household pet or wild animal known to have been infected with rabies, or suspected of having rabies.

"Household pets"

means dogs, canaries, parrots, and other kindred animals and birds usually and ordinarily kept as household pets.

"Impound"

means the taking up and confinement of a dog in an animal shelter, veterinary hospital or other facility.

"Kennel"

means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs.

"Owner"

means any person, partnership, or corporation owning, keeping or harboring one or more animals, dogs, or household pets. An animal, dog or household pet shall be deemed to be harbored if it is fed or sheltered for more than 30 consecutive days.

"Poultry"

means pigeons, chickens, ducks, geese, turkeys, emus, ostriches, and all other domestic or domesticated fowl other than household pets.

"Restraint/physical restraint"

means control over a dog by a leash, or at heel beside a person able to control said dog, and obedient to that person's commands, or within a vehicle being driven or parked on the streets, or within the property limits of its owner or keeper.

"Veterinarian"

means a person authorized and licensed to practice veterinary medicine in the state of California.

"Vicious dog"

means any dog which, when unprovoked, in an aggressive manner, attacks, bites, or injures a human being, or has, when unprovoked, in an aggressive manner, attacked, bitten or injured another dog, household pet, or animal. This definition shall not apply to government police dogs.

"Wild animals"

means nondomesticated birds, mammals or reptiles that are not normally domesticated in the state of California.

(Prior code § 4.1; Ord. 98-851 § 1)

Except as provided in this section, it is unlawful for any person to ride or otherwise permit any animal, as defined in Section 6.04.010 of this code, to be within any city park within the city at any time or to ride, drive, or herd any such animal in or upon any sidewalk within the city. This prohibition does not apply to the annual cattle drive that occurs on the fourth Friday in August each year, commencing in the year 2000, in connection with the annual Susanville Rodeo.

(Prior code § 4.1 1/2; Ord. 00-868 § 1, 2000)

It is declared to be a nuisance and it is unlawful for any person to keep or permit to be kept upon any premises, any animals or poultry or household pets in a foul, offensive, obnoxious, filthy or unsanitary condition.

(Prior code § 4.2)

It is declared to be a nuisance and it is unlawful for any person to allow or permit animals or poultry other than household pets, to run at large upon any public street or place, or to trespass upon the property of another. This provision shall not be construed as permitting the running at large of any household pets who are restricted by the provisions of any other ordinance of the city or by any law applicable thereto. Notwithstanding the provisions of Section 1.12.010 of this code a first violation of this section shall constitute an infraction and shall be punishable by a fine not exceeding fifty dollars; any subsequent violation of this section shall constitute a misdemeanor and shall be punishable by a fine not exceeding five hundred dollars or by imprisonment in the Lassen County jail for a period not to exceed six months or by both such fine and imprisonment.

(Prior code § 4.3)

It shall be the duty of every owner or person in possession and in control of animals and poultry except household pets to keep the same within a good and substantial enclosure within the city which will prevent their running at large.

(Prior code § 4.4)

It is unlawful for any person to keep any animal or poultry within 75 feet of a door or window of any dwelling.

(Prior code § 4.4 1/2; Ord. 98-851 § 1)

It is declared to be a nuisance and it is unlawful to keep, maintain or permit on any lot or parcel of land, any animals, poultry or household pets, which by any sound or cry shall disturb the peace and comfort of any neighborhood or interfere with any person in the reasonable and comfortable enjoyment of life or property.

It is declared to be a nuisance and is unlawful to make, cause or suffer, or permit to be made or caused upon any premises any unnecessary noises or sounds or odors which are physically annoying to persons of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to occasion physical discomfort.

(Prior code § 4.5)

The city council may act under this chapter to abate any nuisance upon complaint in writing signed by residents and taxpayers of the city, wherefore the complaint will be investigated. If determined to be a nuisance by the council, the owner is to be notified to abate the same within 10 days from the date of the notice. Mailing of the notice properly addressed with postage prepaid is hereby declared to be sufficient notice.

(Prior code § 4.6)

Provided that the city council determines that the nuisance exists as determined by the preceding section and that it is to be abated, the cost thereof is to be paid by the owner of the premises upon which such nuisance occurs. In the event that it is necessary for the city to pay for the abatement of the nuisance, the cost of such abatement shall be a lien upon the premises to be enforced by foreclosure or by civil action. The lien shall be recorded with the county recorder of Lassen County.

(Prior code § 4.7)

It is unlawful to display in unlicensed public places within the city limits kittens and/or puppies for purposes of giving them away and/or selling them. Unlicensed public places shall include shopping centers, storefronts, street corners, sidewalks and businesses other than pet shops open to the general public.

(Prior code § 4.19 1/2)

For the purposes of discharging the duties imposed by this chapter and to enforce its provisions the animal control officer or any police officer is empowered to enter upon any premises upon which a dog is kept or harbored and to demand the exhibition by owner of such dog of the license for such dog. It is further provided that any agent of the animal control officer may enter the premises where any animal is kept in reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal when, in his opinion, it requires humane treatment.

(Prior code § 4.23)

It is unlawful to interfere with an animal control officer or police officer in the performance of his or her duties.

(Prior code § 4.24)

Violation of any provision of this title that is declared to be unlawful, is an infraction, and is punishable by (1) a fine not exceeding $100 for a first violation; (2) a fine not exceeding $200 for a second violation of the same provision within one year. In the case of a continuing violation, each day's violation shall be deemed a separate violation. If any person is found guilty by a court of violation of Section 6.08.100(C) of this title, then his or her permit and/or license to own, keep, harbor, or have custody of a dog or dogs shall be deemed automatically revoked and no new permit and/or license may be issued for said person to own, keep, harbor or have custody of any dog or dogs thereafter for a period of three years.

(Prior code § 4.25; Ord. 98-851 § 1)