Taft Municipal Code Ch. 2 Animal Control

The regulations set out in this chapter are designed to establish the framework for an effective and humane animal control program, one that will benefit both the human and animal populations of our city. It deals with the protection as well as the control of animals. It includes regulations that will discourage the breeding of cats and dogs and encourage spaying and neutering. It protects animals by placing penalties on their owners instead of automatic death sentences on the animals themselves. (Ord. 682-00, 9-5-2000)

As used in this chapter, the following terms are defined below:

ANIMAL: Every nonhuman species of animal, both domestic and wild.

ANIMAL AT LARGE: Any animal not under the restraint of a person capable of controlling the animal and/or off the premises of the owner.

ANIMAL CONTROL OFFICER: Any person designated by the state of California and/or a municipal government, as a law enforcement officer who is qualified to perform such duties under the laws of this state.

ANIMAL SHELTER: Any facility operated by a humane society, municipal agency or its authorized agents, for the purpose of impounding animals under the authority of this chapter or state law for care, confinement, return to owner, adoption, or euthanasia.

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

CIRCUS: A commercial variety show featuring animal acts for public entertainment.

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

GROOMING SHOP: A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.

GUARD DOG: Any dog that will detect and warn its handler that an intruder is present in or near an area that is being secured.

KENNEL OR CATTERY: Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.

OWNER: Any person, partnership, 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 fifteen (15) consecutive days or more.

PERFORMING ANIMAL EXHIBITION: Any spectacle, display, act, or event, other than circuses, in which performing animals are used.

PET OR COMPANION ANIMAL: Any animal kept for pleasure rather than utility; an animal of a species that has been bred and raised to live in or about the habitation of humans and is dependent on people for food and shelter.

PET SHOP: Any person, partnership or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys, sells or boards any species of animal.

PUBLIC NUISANCE ANIMAL: Any animal(s) that unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:

(A) Is repeatedly found at large.

(B) Damages the property of anyone other than its owner.

(C) Molests or intimidates pedestrians or passersby.

(D) Chases vehicles.

(E) Excessively makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.

(F) Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.

(G) Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored.

(H) Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals maintained.

(I) Attacks other domestic animals.

(J) Has been found by the animal control officer, after notice to its owner and a hearing, to be a public nuisance animal by virtue of being a menace to the public health, welfare or safety.

RESTRAINT: Any animal secured by a leash or led under the control of a responsible person and obedient to that person's commands, or within the real property limits of its owner, or within seventy five feet (75') of the real property limits of the owner.

RIDING SCHOOL OR STABLE: Any place that has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule or burro; or any place that regularly buys, sells or trains the above animals, including a racetrack, trotting track or rodeo.

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 that attacks, bites or injures human beings or domesticated animals without provocation, or which, because of temperament, conditioning, or training, has a known propensity to attack, bite or injure human beings or domesticated animals.

WILD ANIMAL: Any living member of the animal kingdom, including those born or raised in captivity, except the following: human beings, domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild and captive bred species of common cage birds.

ZOOLOGICAL PARK: Any facility operated by a person, partnership, corporation, or government agency, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals. (Ord. 682-00, 9-5-2000)

All animal control fees shall be established by resolution of the city council. (Ord. 682-00, 9-5-2000)

(A) All dogs shall be vaccinated with a canine anti-rabies vaccine within ten (10) days after becoming four (4) months of age.

(B) All dogs shall be vaccinated at the following intervals:

(Ord. 682-00, 9-5-2000)

(A) Rabies vaccination shall be performed by a California state licensed veterinarian. The veterinarian shall issue to the owner of the dog which he has vaccinated a rabies certificate showing the date and such other information as is required by state law, or the city. (Ord. 682-00, 9-5-2000)

The owner of any animal that bites any person, and any person who treats any other person of an animal bite, shall report the circumstances of the animal bite incident to the animal control officer. The animal control officer may, at his/her discretion, place the animal under regulation or quarantine in a humane manner for such as may be required or permitted by state law. The regulation or quarantine may be conducted at the home of the owner of the animal or at such other place as may be designated by the animal control officer, and the animal will be kept securely confined while under observation. Dogs or cats that have bitten any person and are not vaccinated for rabies shall be quarantined at the city animal shelter and the owner shall be liable for the board and care fees. (Ord. 682-00, 9-5-2000)

Whenever the owner of an animal observes or learns that the animal shows symptoms of rabies or acts in a manner which would lead to a reasonable suspicion that it may have rabies, the owner of the animal shall immediately notify the animal control officer. If it appears to the animal control officer that any animal is afflicted with rabies, he/she may apprehend and destroy the animal forthwith and shall take such other action as deemed necessary to prevent the spread of the disease. (Ord. 682-00, 9-5-2000)

Whenever any animal susceptible to rabies is exposed to another animal suspected of having rabies, the owner of the animal so exposed shall, upon learning thereof, immediately notify the animal control officer. Exposed animals shall be treated as required by state law. When any animal is quarantined by the animal control officer, it shall be unlawful for the owner of the animal or any other person to violate the quarantine. Any of the following acts shall constitute a violation of the quarantine:

(A) Removing the animal from the quarantine premises;

(B) Allowing the animal to run at large;

(C) Destroying the animal without animal control officer authorization;

(D) Failing to notify the animal control officer of the animal's death immediately upon the occurrence thereof;

(E) Disobeying any of the quarantine restrictions imposed by the animal control officer;

(F) Allowing the animal to come in contact with other animals or persons. (Ord. 682-00, 9-5-2000)

(A) Any person owning, keeping, harboring or having custody of any dog over four (4) months of age within this municipality must obtain a license as herein provided.

(B) Written application for licenses, which shall include name and address of applicant, description of the dog, the appropriate fee and rabies certificate issued by a licensed veterinarian or anti-rabies clinic, shall be made to the licensing authority.

(C) If not revoked, licenses for the keeping of dogs shall be for a period of one or three (3) years.

(D) Application for a license must be made within thirty (30) days after obtaining a dog over four (4) months of age; this requirement will not apply to a nonresident keeping a dog or cat within the municipality for not longer than thirty (30) days; provided, the dog has been vaccinated consistent with city requirements and the owner or person in charge presents proof of such vaccination upon demand, and further provided that the dog is confined on the property of the person in charge of it while temporarily in the city.

(E) License fees shall not be required for certified seeing eye dogs, hearing dogs, governmental police dogs or other certified dogs that are trained to assist the physically handicapped.

(F) Upon acceptance of the license application and fee, the licensing authority shall issue a durable tag stamped with an identifying number. Tags shall be designed so that they may be conveniently fastened or riveted to the animal's collar or harness.

(G) Dogs must wear identification tags or collars at all times when off the premises of the owners.

(H) The licensing authority shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public at all times.

(I) The licensing period shall begin with the date of rabies vaccination and shall run for one year or three (3) years. A license application must be made within thirty (30) days of the dog receiving the rabies vaccination.

(J) Persons who fail to obtain a license as required within the time period specified in this section will be subjected to a fine of ten dollars ($10.00).

(K) A license shall be issued after payment of fee for neutered and unneutered dogs in an amount as established by resolution of the city council. Each license fee shall be paid annually or every three (3) years (according to the type of license) to the office designated by resolution.

(L) A duplicate license may be obtained upon payment of a replacement fee which will be set by resolution of the city council.

(M) No person may use any license for any animal other than the animal for which it was issued. (Ord. 682-00, 9-5-2000)

(A) No person, partnership or corporation shall operate a commercial animal establishment or animal shelter without first obtaining a permit in compliance with this section.

(B) The licensing authority shall promulgate regulations for the issuance of permits and shall include requirements for humane care of all animals and for compliance with the provisions of this chapter and other applicable laws. The licensing authority may amend such regulations, from time to time, as deemed desirable for public health and welfare and for the protection of animals.

(C) When a permit applicant has shown that he is willing and able to comply with the regulations promulgated by the licensing authority, a permit shall be issued upon payment of the applicable fee.

(D) The permit period shall begin with the calendar year and shall run for one year. Renewal applications for permits shall be made thirty (30) days prior to and up to sixty (60) days after the start of the year. Application for a permit to establish a new commercial animal establishment under the provisions of this chapter may be made at any time.

(E) No person shall train any dog to be used as a guard or sentry dog without possessing a valid license. This section shall not apply to the city government or any of its agencies. The application for a guard or sentry dog training license shall state the name and address of the owner and trainer, location of the facility, and the maximum number of dogs to be housed at the training facility.

(F) Annual permits shall be issued upon payment of the applicable fee as established by resolution of the city council.

(G) Every facility regulated by this chapter shall be considered a separate enterprise requiring an individual permit.

(H) Persons operating kennels for the breeding of dogs may elect to license such animals individually.

(I) No fee may be required of any veterinary hospital, animal shelter or government operated zoological park.

(J) Failure to obtain a permit before opening any facility covered in this section shall result in a fine of two hundred dollars ($200.00).

(K) Any person who has a change in the category under which a permit was issued shall be subject to reclassification and readjustment of the permit fee. (Ord. 682-00, 9-5-2000)

(A) After an application is filed, the licensing authority shall inspect the facility prior to issuing the permit. The licensing authority may revoke any permit or license if the person holding the permit or license refuses or fails to comply with this chapter, the regulations promulgated by the licensing authority, or any law governing the protection and keeping of animals.

(B) Any person whose permit or license is revoked shall, within ten (10) days thereafter, humanely dispose of all animals owned, kept or harbored. No part of the permit or license fee shall be refunded.

(C) It shall be a condition of the issuance of any permit or license that the licensing authority shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner.

(D) If the applicant has withheld or falsified any information on the application, the licensing authority shall refuse to issue a permit or license.

(E) No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment.

(F) Any person having been denied a license or permit may not reapply for a period of thirty (30) days. Each reapplication shall be accompanied by a ten dollar ($10.00) fee. (Ord. 682-00, 9-5-2000)

(A) It shall be unlawful for the owner of any dog to allow it to be more than seventy five feet (75') off his property unless it is restrained. In particular, dogs should be restrained by a leash not longer than six feet (6') in length and in the immediate control of the handler.

(B) No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance as defined in section 8-2-2 of this chapter.

(C) Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding. (Ord. 682-00, 9-5-2000)

(A) Unrestrained dogs, unlicensed dogs, and nuisance animals shall be taken by the animal control officer or his designee, and impounded in an animal shelter and there confined in a humane manner.

(B) Impounded dogs and cats shall be kept for not fewer than five (5) working days.

(C) If, by license tag or other means, the owner of an impounded animal can be identified, the animal control officer shall, within twenty four (24) hours of impoundment, notify the owner by telephone or certified mail.

(D) An owner reclaiming an impounded animal shall pay all applicable fees as established by resolution of the city council. Subsequent impounds occurring within twelve (12) months are charged double.

(E) Any animal not reclaimed by its owner within five (5) working days shall become the property of the local government authority and shall be placed for adoption in a suitable home or humanely euthanized.

(F) In addition to, or in lieu of, impounding an animal found at large, the animal control officer or his designee may issue to the known owner of such animal a notice of violation.

(G) The owner of an impounded animal may also be proceeded against for violation of this chapter.

(H) The animal control officer shall keep complete and accurate records of the care, feeding, veterinary treatment and disposition of all animals impounded at the shelter.

(I) Any person who at any time finds any animal at large in violation of any of the provisions of this section may take up, confine and hold the animal; provided, that such person shall within four (4) hours thereafter notify the animal control officer of the fact that he has the animal in his possession and shall surrender possession of the animal upon demand to the owner or the animal control officer. If the animal is taken at a time when the animal shelter is not open for business, the person confining the animal shall within four (4) hours after the animal shelter reopens, notify the animal control officer that he has the animal in his possession and shall surrender the animal to the animal control officer upon demand. (Ord. 682-00, 9-5-2000)

Every person within the city who owns any animal or who owns, conducts, manages or operates any facility for which a permit is issued pursuant to this chapter shall comply with each of the following conditions:

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

(B) No owner shall fail to provide his animals with sufficient wholesome and nutritious food, water in sufficient quantities, proper air, shelter space and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment.

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

(D) All animals shall be so maintained as to eliminate excessive nighttime noise.

(E) Every reasonable precaution shall be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means.

(F) No condition shall be maintained or permitted that is or could be injurious to the animal.

(G) Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public.

(H) No owner of an animal shall abandon such animal.

(I) No person shall give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter, any contest, game or other competition, as an inducement to enter a place of amusement or as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.

(J) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society.

(K) No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal. (Ord. 682-00, 9-5-2000)

It is unlawful to keep, harbor or maintain at any residence, other than a licensed veterinary facility, more than four (4) dogs subject to license under this chapter. (Ord. 682-00, 9-5-2000)

(A) No person shall own, possess or have custody on his premises any wild or vicious animal for display, training or exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to AAZPA accredited facilities.

(B) No person shall keep or maintain any wild, exotic or carnivorous undomesticated animal unless properly permitted by the California Department of Fish and Game.

(C) The licensing authority shall have the power to release or order the release of any infant wild animal under temporary permit that is deemed capable of survival. (Ord. 682-00, 9-5-2000)

(A) No person may sponsor, promote, train a wild animal to participate in, contribute to the involvement of a wild animal in, or attend as a spectator any activity or event in which any wild animal engages in unnatural behavior, is wrestled, fought, mentally or physically harassed, displayed in such a way that the animal is abused or stressed mentally or physically or is induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner that will cause or is likely to cause physical injury or suffering. This prohibition applies to events and activities taking place in either public or private facilities or property, and applies regardless of the purpose of the event or activities and irrespective of whether or not a fee is charged to spectators.

(B) All equipment used on a performing animal shall fit properly and be in good working condition. (Ord. 682-00, 9-5-2000)

The owner of every animal shall be responsible for the immediate removal of any excreta deposited by his animal(s) on public walks, recreation areas or private property other than his own. Animal owners are responsible for the removal of excreta deposited by their animal(s) on their own private property within twenty four (24) hours. (Ord. 682-00, 9-5-2000)

No unclaimed dog or cat shall be released for adoption without being sterilized or without written agreement from the adopter guaranteeing that such animal will be sterilized within thirty (30) days for adults and specified date in the contracts for pups and kittens. A deposit fee for cats and dogs will be established by resolution of the city council and must be paid at the time of adoption. The deposit is fully refundable after presentation of documented proof of sterilization of the adopted animal. (Ord. 682-00, 9-5-2000)

(A) It shall be unlawful for any person to keep, abandon or turn loose without care any animal suffering from disease, injury, old age or other infirmity. Any such animal taken up by the animal control officer may be euthanized.

(B) This section shall not apply to persons keeping diseased or old pets which are under medical care from a veterinarian. (Ord. 682-00, 9-5-2000)

(A) The owner of any animal that dies shall bury or otherwise dispose of such animal in a manner so as not to create a nuisance or health hazard. Whenever he discovers a dead animal within the incorporated areas of the city which has not been properly disposed, the animal control officer shall order its owner to dispose of it properly.

(B) If his order is not promptly obeyed, the animal control officer is authorized to dispose of, or to employ some person to dispose of, the dead animal and shall charge against and collect from the owner a disposal fee as set by resolution of the city council.

(C) In the event the owner of the animal is unknown, the animal control officer shall remove or employ some other person to remove and dispose of the dead animal, the costs of which shall be a charge against the city. (Ord. 682-00, 9-5-2000)

The animal control officer may, upon the request of the owner of any cat or dog which is maintained in the city at the time of the request, take up, humanely destroy and dispose of the same, for which service he shall charge and collect a fee as set by resolution of the city council. (Ord. 682-00, 9-5-2000)

(A) All impounded and unredeemed live animals other than bovines, horses, mules, burros and animals with identification markings or tags may be adopted, released or destroyed by the animal control officer five (5) days after being impounded.

(B) The animal control officer may dispose of dogs and cats with license or identification tags/tattoos five (5) days after service of written notice to the person whose name appears on the identification tag or license record. Written notice may be given by hand delivery, by posting on the premises of such person at his last known address or by mailing a copy of such notice by registered or certified mail.

(C) The animal control officer shall make an attempt to contact the person listed on the identification tag or license record by telephone within twenty four (24) hours of a weekday impounding or on the weekday following a weekend impounding. (Ord. 682-00, 9-5-2000)

(A) Any impounded and unredeemed live animal held the required time and not suffering from any infectious or communicable disease may be adopted upon the person meeting the following conditions:

1. Dogs may be adopted upon the payment of a placement fee, a rabies vaccination fee, a license fee, and a spay or neuter fee.

2. Cats may be adopted upon payment of a placement fee and compliance with the provisions of state law dealing with the spaying or neutering of cats.

3. All other animals may be adopted upon payment of a placement fee.

(B) The animal control officer shall not knowingly make a gift or adopt out any dog or cat to any person or institution intending to use the animal for experimental or consumption purposes.

(C) The animal control officer shall not adopt out any dog that meets the definition of a vicious dog. (Ord. 682-00, 9-5-2000)

(A) The civil and criminal provisions of this chapter shall be enforced by those persons or agencies designated by municipal authority.

(B) No person shall obstruct or interfere with the animal control officer in the performance of his duties under this chapter or aid and abet others in so doing.

(C) No person shall remove or attempt to remove any animal taken into custody by the animal control officer without his authorization.

(D) No person shall cause or aid the escape of any animal sought for custody by the animal control officer or aid or abet others in so doing. (Ord. 682-00, 9-5-2000)

Any person violating any provision of this chapter shall be deemed guilty of an infraction and shall be punished by a fine of not less than fifty dollars ($50.00) and not more than two hundred fifty dollars ($250.00). If a violation continues, each day's violation shall be deemed a separate violation. If any person is found guilty by a court of violating this chapter, his permit to own, keep, harbor or have custody of animals shall be deemed automatically revoked and no new permit may be issued. (Ord. 694-02, 8-20-2002)

All other ordinances of the city that are in conflict with this chapter are hereby repealed to the extent of such conflict. (Ord. 682-00, 9-5-2000)

If any part of this chapter shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this chapter. (Ord. 682-00, 9-5-2000)