Tehama Municipal Code Ch. 7.25 Prohibited Conduct

No person shall prevent, obstruct, hinder or interfere with an animal regulation officer in the performance of the officer's duties under this title or state law.

(Ord. 1633 § 8(part), 1994)

No person shall remove or attempt to remove any animal taken into custody by an animal regulation officer without the officer's authorization.

(Ord. 1633 § 8(part), 1994)

No person shall cause or aid in the escape of any animal sought for custody by an animal regulation officer.

(Ord. 1633 § 8(part), 1994)

No person shall fail or refuse to comply with any lawful order of an animal regulation officer to present an animal for inspection.

(Ord. 1633 § 8(part), 1994)

No person shall permit a dog to run at large from private property owned by the owner of such dog, or from private property to which such owner has a right of possession, except in the following situations:

A. When the dog is assisting a law enforcement officer in the performance of police work;

B. When the dog is assisting a duly authorized person in an official search and rescue operation;

C. When the dog is assisting its owner in working, herding or controlling livestock;

D. When the dog is assisting its owner in hunting on private property with the consent of the owner, lessee or other person in control thereof;

E. When the dog is participating in a dog training class, exhibition or competition, or an ongoing training program related thereto, under the direction and control of a dog trainer or other qualified person on public property with the consent of the owner or operator of the grounds or facilities, or on private property with the consent of the owner, lessee or other person in control thereof;

F. For purposes of this section, a dog cannot be deemed to be running at large if it is restrained by a substantial leash and is under the physical control of its owner.

(Ord. 1798 § 2(part), 2003)

No person shall wilfully or knowingly permit or through failure to exercise due care or control allow any livestock to stray from private property owned by the owner of such livestock, or from private property to which such owner has a right of possession, except in the following situations:

A. When the livestock is being led, driven or conducted along a public road or street during daylight hours under the supervision and control of its owner;

B. When the livestock is on public property with the consent of the owner or operator of the grounds or facilities, or on private property with the consent of the owner, lessee, or other person in control thereof, and such property is lawfully fenced;

C. When the livestock is on designated open range areas.

The owner of any livestock found at large in violation of this section shall, in addition to any other penalties imposed, be liable for the salaries, costs and other expenses incurred by the division in restraining, capturing or rescuing such livestock if such owner is responsible for the livestock being at large. The salaries, costs and expenses of the division shall be determined by the director with the concurrence of the county auditor.

(Ord. 1633 § 8(part), 1994)

No person shall permit or allow any exotic animal to run at large.

(Ord. 1633 § 8(part), 1994)

No owner of any dog shall permit or allow such dog to enter upon any property whereon sheep or other livestock are kept without the consent of the owner, lessee or other person in control thereof.

(Ord. 1633 § 8(part), 1994)

No person shall refuse to obey the conditions of any lawfully imposed quarantine or remove, tear, deface, mutilate, obscure, or destroy or in any other manner whatsoever interfere with any placard, notice or proclamation declaring such quarantine, placed on or about the premises on which any of the animals so quarantined are located.

(Ord. 1633 § 8(part), 1994)

No owner of any animal shall stake, tie or tether such animal on any public road or street or other public property which is not set aside for such staking, tying or tethering, or on any private property without the consent of the owner, lessee, or other person in control thereof.

(Ord. 1633 § 8(part), 1994)

No owner of any exotic animal shall maintain such animal without proof of proper federal and state permits, inspections and other required approvals.

(Ord. 1633 § 8(part), 1994)

No owner of any dog, except a totally or partially blind person, deaf or hearing impaired person, or handicapped person using an assistance dog, shall permit or allow such dog to defecate on any private property other than that of its owner without the consent of the owner, lessee, or other person in control thereof.

(Ord. 1657 § 5, 1996)

A. No owner of any animal shall do any of the following:

1. Permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passersby, barking, howling or making other noise;

2. Permit such animal to damage or trespass on public or private property;

3. Permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or which would be otherwise injurious to the public health, offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by any member of the neighborhood or community;

4. Maintain a dangerous animal in a manner that creates a significant threat to the public health, safety and welfare.

B. Any violation of this section is hereby declared to be a public nuisance.

C. Whenever the director of animal regulation or any animal regulation officer has reasonable cause to believe that a public nuisance as defined in this section exists, the director may conduct an investigation of the alleged nuisance. Whenever it is affirmed in writing by two or more persons residing in separate residences or regularly employed in the neighborhood that a public nuisance as defined in this section exists, the director shall investigate the alleged nuisance; provided, however, that where there is only one person residing or regularly employed within three hundred feet of the alleged public nuisance, written affirmation of only that one person shall be required for the director to investigate the alleged nuisance. If, upon investigation, the director determines that a public nuisance exists, the director may issue an order to the owner of the offending animal directing that such nuisance be abated. In the event that the owner does not comply with the abatement order, the director may immediately refer the matter to the district attorney for prosecution of the public nuisance.

D. Any person may maintain an action under Civil Code Section 3493 for compliance with the requirements of this section.

E. Notwithstanding any of the preceding, no animal which is part of an agricultural operation exempt from being or becoming a nuisance by Civil Code Section 3482.5 shall be deemed to be a public nuisance under this section, provided such animal is owned and kept in compliance with this chapter and state law.

(Ord. 1875 § 25, 2006)

A. If any person has any loss or damage to property, livestock or poultry which is caused by dogs, the person may file a complaint in writing with the director of animal regulation.

B. Such complaint shall state when and where the damage occurred and how much damage was done; if known, the name of the person who owns the dog or dogs or the custodian in charge.

C. The animal regulation officer shall investigate the complaint and if he finds such conditions do exist he may issue an order to conform requiring said owner or custodian to abate such conditions within a reasonable length of time.

D. Failure to comply with such an order is a violation of this chapter.

(Ord. 1875 § 27, 2006)