Tehachapi Municipal Code Ch. 6.08 Dogs

A. It is unlawful for any person, firm, association or corporation (hereinafter in this chapter called "owner") to own, possess, maintain, harbor, or have control of any male or female dog over the age of four months within the corporate limits of the city for over thirty days, except as herein provided. Every owner so having any dog over the age of four months shall apply for a license for such dog and shall pay a license fee as established by resolution of the city council.

B. Application for a license for a spayed or neutered animal must be accompanied by a written statement from a veterinarian certifying that the animal has been spayed or neutered. License fees shall be paid to the city license collector. The license shall cover the period beginning July 1st and ending on the following June 30th, and shall be payable in advance of July 1st of each year.

(Ord. 85-03-509 § 1, 1985: Ord. 83-06-488 § 1, 1983: Ord. 74-02-401 § 2, 1974)

A. The owner applying for such license shall make application upon a form to be provided by the license collector, which application shall state his name and address; the name, breed, color and sex of each dog owned or kept by him, and the date he acquired such dog, if acquired after July 1st of the current license period.

B. The license collector shall not license any dog until it has been vaccinated with a rabies vaccine by injection or other method approved by the health officer for Kern County, during the calendar year for which it is licensed, and the owner or person in possession of the dog shall produce a certificate of such vaccination, unless the owner or person in possession of the dog submits a certificate from a licensed veterinarian issued within the preceding sixty days, stating that, in his opinion, the rabies vaccination would be likely to seriously injure the dog.

C. The vaccination shall be performed by the health officer for the county, or any duly qualified and licensed physician or veterinarian. The person vaccinating the dog shall issue the owner or person in possession of the dog a certificate of vaccination.

D. It is unlawful for any person owning, harboring, or having the care, custody or possession of any dog to keep or maintain any such dog in any place in the city, unless such dog has been vaccinated as required by this section, excepting dogs under the age of four months fastened securely by a chain, rope or leash, or confined within the private property of their owners, and excepting dogs exempted from the requirement of vaccination by reason of the likelihood of severe injury as provided in subsection B of this section.

E. The owner of a Seeing-eye dog properly trained to assist blind persons, shall make application for a license on such form, but the license shall be issued without charge.

(Ord. 74-02-401 § 3, 1974)

A. The licensing period shall be from July 1st until the following June 30th.

B. A penalty shall be imposed if the license is obtained after July 1st of the licensing period, or more than thirty days after the owner came into ownership or possession of the dog, if he did not have such ownership or possession on July 1st. If the dog license is not purchased prior to July 1st or within the thirty-day period after the owner received possession, the owner shall pay, in addition to the regular license fee, a penalty as follows:

1. Twenty-five percent if paid within the first month following deadline;

2. Fifty percent if paid within the second month following deadline;

3. Seventy-five percent if paid within the third month following deadline;

4. One hundred percent if paid within the fourth month or any subsequent month after the deadline.

C. The penalties provided in this section shall become effective on July 1, 1974.

(Ord. 74-02-401 § 5, 1974)

The amount of any license, together with penalties, impounding fees, and all other charges specified in this chapter, shall be deemed a debt to the city.

(Ord. 74-02-401 § 6, 1974)

A. Upon payment of the license fee, the license collector shall issue to the owner a license certificate and a metallic tag for each dog so licensed. The shape of the tag shall be changed every year, and shall have stamped thereon the expiration date of such tag and the number corresponding with the number on the certificate.

B. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn.

C. In case a tag is lost or destroyed, a duplicate will be issued by the license collector upon presentation of a receipt showing the payment of the license fee for the current year, and the payment of a fifty-cent fee for each such duplicate.

D. Dog tags shall not be transferable from one dog to another, and no refunds shall be made on any dog license fee because of death of the dog or the owner's leaving the city before expiration of the license period.

(Ord. 74-02-401 § 4, 1974)

A. The city shall reimburse the owner of any dog eight dollars, when such dog has been spayed or neutered after the effective date of the ordinance codified in this chapter.

B. Reimbursement shall be made subject to the owner's compliance with the following conditions:

1. The owner of the dog shall be a permanent resident of the city;

2. The owner of the dog shall be eighteen years of age or older;

3. Reimbursement shall not be made more than twice in any calendar year to any person or member of the same household;

4. The dog shall be currently licensed by the city prior to being spayed or neutered;

5. The owner must submit written proof from a veterinarian licensed by the state, verifying that the dog for which reimbursement is requested was in fact spayed or neutered. The written verification shall include a complete description of the animal and the city dog license number.

(Ord. 85-03-509 § 2, 1985: Ord. 74-02-401 § 21, 1974)

It is unlawful for any owner to keep more than two dogs over the age of four months each in any place in the city, within two hundred fifty feet of any dwelling house in use or occupied by human beings, other than the dwelling house belonging to the owner of the dogs.

(Ord. 74-02-401 § 12, 1974)

A. It is unlawful for the owner of any dog, whether licensed or unlicensed, to suffer, permit or allow a dog to run at large on any public street, alley, park, square or place, or on any vacant or unenclosed lot or land within the corporate limits of the city, other than those of the person having charge, custody or possession of such dog or dogs.

B. All dogs shall be deemed "running at large" within the meaning of this chapter, unless led or restrained by a substantial leash, chain, strap or cord (not to exceed eight feet in length) attached to their collars and actually held by some person, or made fast to some stationary object.

(Ord. 74-02-401 § 7(a), 1974)

No dog, except one trained to assist a blind person, shall be allowed within any food establishment such as a cafe or restaurant, grocery, fruit store or meat market.

(Ord. 74-02-401 § 7(b), 1974)

A. All dogs of fierce, dangerous or vicious propensities, and all female dogs in heat, whether licensed or not, must be at all times confined in a substantial pen in such a manner that no other dog, except another dog of the same owner, may come in contact with the dog.

B. If any such dog is found running at large in violation of this provision, it shall be taken up and impounded, and shall not be released except upon approval of the chief of police, and after payment of the fees provided in Section 6.08.190; provided, however, that if any dangerous, fierce or vicious dog do found at large cannot be safely taken up and impounded, such dog may be destroyed forthwith by the poundmaster or any policeman.

(Ord. 74-02-401 § 11, 1974)

A. It is unlawful for any persons to own, keep, harbor, permit, allow, or otherwise maintain within the city any dog or any other animal which, by barking or any other means, disturbs the peace and quiet of one or more persons within the city, and such conduct on the part of any dog or other animal is hereby declared to be a public nuisance. Such public nuisance may be abated pursuant to Chapter 8.28 of this code and the city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law.

B. "Barking" means barking, howling or baying by day or night at frequent intervals or for extended periods of time.

C. It is unlawful for any person to tease, torment or otherwise provoke a dog into barking.

D. It shall be the duty of the poundmaster, animal control officer, community services officer, every police officer of the city, and other such designated persons, to take whatever action that they may, in their discretion, believe to be necessary to abate any such nuisance.

E. In seeking to abate any such public nuisance, and in seeking to abate any such public nuisance occurring in the presence of the officer, any such officer may enter upon private property and take any such dog into custody and impound the same, provided that the dog may not be taken from any dwelling or other building.

(Ord. 83-06-488 § 4, 1983: Ord. 74-02-401 § 16, 1974)

(Ord. No. 22-01-766, § 22, 1-18-2022)

A. All dog licenses issued as provided by this chapter may be revoked whenever a dog has been impounded for the third time within a one-year period as provided in Section 6.08.110. It shall be unlawful to keep or maintain any dog in the city after its license has been revoked.

B. In the event any dog shall have been impounded for the third time within a one-year period under Section 6.08.110, its license shall be forthwith revoked, and no other license may be issued for such dog.

C. The dog may not be released from the pound except with the written permission of the chief of police, who shall first obtain from the owner a written agreement that the dog will, if released, be permanently removed from the city. If the owner of the dog refuses to so agree, the dog shall be disposed of as provided in Section 6.08.200. The owner may, however, sign such an agreement under protest and appeal by written notice to the city council for reinstatement of the dog's license. Pending a decision on the appeal, the dog shall be kept outside of the city. The city council shall set the appeal and give the owner the opportunity to present witnesses in his behalf. The city council may either reinstate the license or permanently revoke it.

(Ord. 74-02-401 § 17, 1974)

A. All dog licenses issued as provided by this chapter may be revoked whenever a dog is found to be dangerous. A "dangerous dog" is defined, for the purpose of this chapter, to be a dog with a propensity to bite human beings. It shall be prima facie evidence that a dog is dangerous when it has bitten any person; provided, however, that such person is not trespassing upon the property of the owner.

B. Whenever the owner of any dog has knowledge that such dog has bitten a human being, other than a trespasser, he shall immediately inform the police department, and shall confine the dog in a secure pen for a period of fourteen days, or deliver it to the pound, to be held for a period of fourteen days, and a failure to do either of these things is unlawful.

C. Whenever the poundmaster or any police officer is informed that any dog has bitten a human being, other than a trespasser, and the owner has failed to do either of the things required by this section, it shall be their duty to impound the dog at the expense of the owner for such period of fourteen days. If it appears that the dog has rabies, the poundmaster shall cause the same to be destroyed, whether it is upon the premises of the owner, or in the public pound. If at the end of such period of observation it appears that the dog does not have rabies, it shall be released upon the payment of the impounding fees and daily feeding costs; provided, however, that if the owner or the dog has delivered the dog to the pound, as herein required, no impounding fee shall be charged.

D. In the event any dog shall have, on a second occasion, bitten a human being, other than a trespasser, the owner shall comply with subsection B of this section, but the dog must thereafter, if kept in the city, be at all times confined in a secure pen, in such a manner that it cannot escape, and the pen must be inspected and approved by the chief of police. If the dog is in the public pound, it shall not be released until the chief of police has examined and approved such pen. If the owner of the dog refuses to provide such pen, the provisions of subsection C of Section 6.08.120 shall apply.

E. If the dog has been confined in a pen at the home of the owner during the second period of observation, instead of the public pound, the owner must continue to keep the dog in such pen after such period of observation, and must sign a written agreement to keep the dog in such pen at all times thereafter so long as it remains in the city. If the owner refuses to unconditionally so agree, the license of the dog must be revoked, and no other license may be issued for the dog. The owner may, however, appeal to the city council for reinstatement of the dog license, as provided in subsection C of Section 6.08.120, after the license has been revoked as herein provided, upon the ground that the dog is not in fact of a dangerous disposition.

F. Any dog whose license has been revoked upon the ground that it is a dangerous dog shall be forthwith destroyed, if it shall thereafter be observed outside of the pen in which it shall be required to be confined.

(Ord. 74-02-401 § 18, 1974)

A. If a dog is believed to have rabies, or has been bitten by a dog suspected of having rabies, such dog shall be confined in a secure pen on the owner's premises, and shall be placed under observation of a veterinarian at the expense of the owner for a period of two weeks. The owner shall notify the poundmaster of the fact that his dog has been exposed to rabies, and the poundmaster, at his discretion, is empowered to have such dog removed from the owner's premises to a veterinary hospital, and there placed under observation for a period of two weeks at the expense of the owner.

B. It is unlawful for any person knowing or suspecting a dog of having rabies to allow such dog to be taken off his premises or beyond the limits of the city without the written permission of the poundmaster or the chief of police.

C. Every owner or other person, upon ascertaining a dog is rabid, shall immediately notify the poundmaster or a policeman, who shall either remove the dog to the pound or summarily destroy it.

(Ord. 74-02-401 § 14, 1974)

A. Whenever it becomes necessary to safeguard the public from dangers of rabies, the mayor, if he deems it necessary, shall issue a proclamation declaring a thirty-day period of emergency, and ordering every person owning or keeping a dog to confine it securely on his premises during such emergency period, unless the dog shall have a muzzle of sufficient strength to prevent its biting any person or animal. Any unmuzzled dog running at large during the period of emergency shall be seized and impounded.

B. All dogs noticeably infected with rabies and displaying vicious propensities may be killed by the poundmaster or any police officer forthwith, without notice to the owner. The provisions of Sections 6.08.180, 6.08.190 and 6.08.200 of this chapter shall apply to all dogs not noticeably infected with rabies.

C. If, at or near the end of the first or any subsequent thirty-day emergency period, as provided for in this section, the mayor believes that an emergency still exists, he may extend the emergency period from time to time for additional thirty-day periods until the emergency no longer exists.

(Ord. 74-02-401 § 13, 1974)

If at any time there should be no duly appointed and acting poundmaster in the city, the duties of poundmaster shall be performed by the chief of police or his designee.

(Ord. 74-02-401 § 20, 1974)

Every person who interferes or attempts to interfere with the poundmaster or any police officer, in the performance of any duty imposed by the provisions of this chapter, and every person who unlawfully takes or attempts to take any dog, seized pursuant to the provisions of this chapter, from the custody of the poundmaster or any police officer, and every person who removes or attempts to remove from the public pound any dog impounded therein, without having first redeemed the same as provided in this chapter, or obtained permission of the poundmaster to do so, shall be guilty of a misdemeanor.

(Ord. 74-02-401 § 15, 1974)

A. It shall be the duty of every animal control officer, police officer, community services officer, and other such designated persons, to enforce all provisions of this chapter.

B. The designated poundmaster, upon receiving any dog, shall make a complete registry, entering the breed, color and sex of such dog, and whether licensed. If licensed, he shall enter the name and address of the owner and the number of the license tag. The owner of a licensed dog shall be notified in person, by telephone, or by mail at the address given on the license application.

(Ord. 83-06-488 § 2, 1983: Ord. 74-02-401 § 8, 1974)

A. Not later than one day after the impounding of any dog, the owner shall be notified; or, if the owner of the dog is unknown, written notice shall be posted for two days at the City Hall, describing the dog and the place and time of taking.

B. The owner of any dog so impounded may reclaim such dog upon presentation of proof of rabies vaccination and payment of the license fee, if unpaid, including applicable penalties as provided in Section 6.08.030, and of all costs and charges incurred by the city for impoundment and maintenance of such dog. The pound fee shall be as established by resolution of the city council.

(Ord. 83-06-488 § 3, 1983: Ord. 74-02-401 § 9, 1974)

It shall be the duty of the poundmaster to keep all dogs so impounded for a period of seventy-two hours. If at the expiration of seventy-two hours from the date of notice to the owner, or the posting of notice, such dog has not been redeemed, it may be destroyed in some manner or otherwise disposed of by the poundmaster. Any dog which appears to be suffering from rabies, or affected with hydrophobia, mange, or other infectious or dangerous disease, shall not be released, but may be forthwith destroyed.

(Ord. 74-02-401 § 10, 1974)

A. The poundmaster shall keep a permanent record in which he shall list all dogs impounded, giving such information as the city administrator shall require, but the record shall include the date, name of owner, owner's address, description of the dog, where it was picked up, sex and breed, whether licensed or unlicensed, if licensed the number of the license, whether reclaimed or disposed of, and if disposed of, how disposed. The record shall also include all charges and receipts of all money.

B. The poundmaster shall make a monthly report to the city administrator summarizing the record, and including such information as the city administrator may request.

(Ord. 74-02-401 § 19, 1974)

Any person knowingly violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars, or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

(Ord. 74-02-401 § 22, 1974)