Tehama Municipal Code Ch. 7.04 General Provisions

This title shall be known and may be cited as the Tehama County animal regulation ordinance.

(Ord. 1633 § 2(part), 1994)

This title is intended to regulate, control and protect animals existing within the unincorporated area of the county. Because of the importance of agricultural production in and to the county, the provisions of this title shall be construed and given effect in a manner that is consistent with and in furtherance of conserving, protecting, enhancing and encouraging agricultural operations within the county.

(Ord. 1633 § 2(part), 1994)

This title is not intended to, nor shall it be construed or given effect in a manner that causes it to apply to any activity which is regulated by federal or state law to the extent that application of this title would conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes. It is the intention of the board that this title shall be interpreted to be compatible with federal and state enactments, and in furtherance of the public purposes which those enactments express.

(Ord. 1633 § 2(part), 1994)

The director of animal regulation may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of the provisions of this chapter relating to the functions of the Division of animal regulation. The director of animal services may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent the provisions of this chapter relating to the functions of the division of animal services.

(Ord. 1875 § 3, 2006)

The board may from time to time establish a schedule of fees and charges for services performed and licenses issued under this title. The fees and charges so established may recover the reasonable cost of providing such services and issuing such licenses.

(Ord. 1633 § 2(part), 1994)

Unless the provision or context requires otherwise, the definitions contained in this section shall govern the construction of this title. Where a definition is not given or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.

A. "Agricultural operation" shall mean and include the cultivation and tillage of the soil, dairying, the production, irrigation, cultivation, growing, harvesting, processing and storing of any agricultural commodity, including viticulture, horticulture, timber or agriculture, the raising of livestock, fur bearing animals, fish or poultry, and any commercial practices performed as incident to or in conjunction with such operation, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

B. "Animal" shall mean and include any mammal, reptile, avian or fish.

C. "Animal regulation officer" shall mean a person duly appointed by the director of animal regulation to carry out the activities and programs of the division of animal regulation.

D. "Approved rabies vaccine" shall mean an animal rabies vaccine approved for use by the State Department of Health.

E. "Assistance dog" shall mean and include any dogs specially trained as a guide dog, signal dog or service dog.

F. "At large" shall mean for an animal to be off the premises of its owner and not under restraint by a leash or otherwise under the control and in the immediate presence of its owner.

G. "Board" shall mean the board of supervisors of Tehama County, California.

H. "Cat" shall mean and include any domestic cat (Felis catus).

I. "Commercial endorsement" shall mean a permit issued to licensed kennels, or to individuals maintaining fewer than six dogs, to maintain dogs for commercial purposes, including, but not limited to, boarding, breeding (either intentionally or failing to prevent accidental litters), buying, selling, renting, exhibiting or training. A commercial endorsement shall not be required for a veterinary facility, pet shop, humane society shelter, or the county animal shelter.

J. "Consent" shall mean written consent unless otherwise expressly provided.

K. "County animal shelter" shall mean the county owned and operated shelter where animals impounded pursuant to this title or voluntarily surrendered by their owners are placed for humane care and keeping. The county animal shelter shall be known as the "Tehama County Animal Care Center."

L. "Director of animal regulation" shall mean the director of animal regulation who shall be the sheriff of the county.

M. "Director of animal services" shall mean the director of animal services who shall be the agricultural commissioner of the county.

N. "Division of animal regulation" shall mean the division of animal regulation within the office of the sheriff of the county.

O. "Division of animal services" shall mean the division of animal services within the office of the agricultural commissioner of the county.

P. "Dog" shall mean and include any domestic dog (Canis familiaris).

Q. "Dog-wild animal hybrid" shall mean any animal of the canine species which is the offspring of a domestic dog and a wild canid (e.g., wolf or coyote).

R. "Domestic animal" shall mean and include any animal, other than a wild or exotic animal, customarily confined or cultivated by man for domestic or commercial purposes.

S. "Exotic animal" shall mean and include any wild animal which the California Fish and Game Commission has declared to be a prohibited wild animal and the importation, transportation or possession of which is unlawful except under authority of a revocable permit issued by the California Department of Fish and Game.

T. "Guide dog" shall mean any guide dog or seeing eye dog which has been trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of the Business and Professions Code.

U. "Health officer" shall mean the public health officer of the county or his designee.

V. "Impounded" shall mean for an animal to be taken into custody by the division of animal regulation. (See voluntary and involuntary impoundment.)

W. "Involuntary impoundment" shall mean any animal that is lawfully taken into custody by the Tehama County Division of Animal Services or Animal Regulation without the request of the owner.

X. "Kennel" shall mean any lot, building, structure, enclosure or premises on which six or more dogs are kept or maintained by the owner or occupant.

Y. "Lawful fence" shall mean any fence which is good, strong, substantial and sufficient to prevent ingress and egress of livestock. No wire fence shall be deemed to be a lawful fence unless it has three tightly stretched barbed wires securely fastened to posts of reasonable strength, firmly set in the ground not more than one rod apart, one of which wires shall be at least four feet above the surface of the ground. Any kind of wire or other fence of height, strength or capacity equal to or greater than the wire fence herein described shall be deemed to be a lawful fence. Lawful fence shall include cattle guards such width, depth, rail spacing and construction as will effectively turn livestock.

Z. "Licensed premises" shall mean any lot or premises on which a kennel is maintained or proposed to be maintained by the person owning or occupying such lot or premises.

AA. "Livestock" shall mean and include any cattle, sheep, swine or goat, or any horse, mule or other equine, or any llama or other camelidae, or any domestic fowl, including ostrich and emu, or rabbit.

BB. "Owner" of an animal shall mean any person who owns, has charge, care, custody or control of, or has a right to control an animal, except a veterinarian who is treating or caring for an animal in the regular practice of veterinary medicine.

CC. "Person" shall mean and include any individual, firm, association, organization, partnership, joint venture, business trust, corporation or company.

DD. "Pet animals" shall mean dogs, cats, rabbits, birds, guinea pigs, hamsters, mice, snakes, iguanas, turtles, and any other species of animal sold or retained for the purpose of being kept as a household pet.

EE. "Pet shop" shall mean every place or premises where pet animals are kept for the purpose of either wholesale or retail sale. Pet shop shall not include any place or premises where pet animals are occasionally sold.

FF. "Potentially dangerous dog" shall mean any of the following:

1. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog;

2. Any dog which, when unprovoked, bites a person causing an injury that is less than a severe injury; or

3. Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner of the dog.

GG. "Premises" shall mean any property owned, leased or rented by any person.

HH. "Secure enclosure" shall mean a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous or vicious dog in conjunction with other measures which may be taken by the owner of the dog. The enclosure shall be designed to prevent the dog from escaping. The dog shall be housed pursuant to Penal Code Section 597t.

II. "Service dog" shall mean any dog individually trained to do work or perform tasks to meet the requirements of a physically disabled person, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair or fetching dropped items.

JJ. "Severe injury" shall mean any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

KK. "Signal dog" shall mean any dog trained to alert a deaf or hearing impaired person to intruders or sounds.

LL. "Veterinarian" shall mean any person licensed to practice veterinary medicine in California.

MM. "Veterinary facility" shall mean a clinic or hospital for the provision of inpatient or outpatient medical services to domestic and exotic animals. Animals may be kenneled on-site.

NN. "Vicious dog" shall mean any of the following:

1. Any dog seized under Penal Code Section 599aa and upon the sustaining of a conviction of the owner under subdivision (a) of Penal Code Section 597.5;

2. Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; or

3. Any dog previously determined to be currently listed as a potentially dangerous dog which, after its owner has been notified of this determination, continues the behavior described in subsection FF of this section or is maintained in violation of Section 7.30.060.

OO. "Requested impoundment" shall mean an animal that is taken into custody at the request of the owner or possessor.

PP. "Wild animal" shall mean and include any animal identified in Fish and Game Code Section 2116.

QQ. "Senior citizen" shall mean any person sixty years of age and older.

(Ord. 1875 § 5, 2006)

(Ord. No. 1949, §§ 1—4, 10-5-2010; Ord. No. 2144, §§ 7, 8, 12-17-2024)