Tehama Municipal Code Ch. 6.04 Animal Control Code

The meaning of words used throughout this chapter shall be as defined in this part unless there are different definitions in specific definitions or the context requires otherwise.

"Animal care center" means an enclosure, pen or other structure used by the county for the confinement of animals.

"Animal service officers" means designated representatives of the city or county of Tehama for the purpose of carrying out and enforcing the applicable provisions of this chapter.

"Board" means the board of supervisors of the county of Tehama, state of California.

"City" means the city of Tehama.

"City council" means the duly elected, or appointed, governing body representing the city of Tehama.

"Commercial kennel" means a kennel where dogs are kept for the purpose of breeding and training.

"County" means the county of Tehama, state of California.

"Dog fanciers kennel" means where dogs are kept for reason other than for breeding and training or working livestock and poultry.

"Health officer" means the health officer of the county and any health department employee or other person duly authorized by the health officer to act in his or her behalf.

"Kennel" means any lot, building, structure, enclosure or premises where one or more dogs are kept or maintained for commercial or noncommercial purposes.

"Owner" means any person who owns, possesses or keeps any objects.

"Person" means and includes the singular and plural of any person, firm, corporation, association, club, partnership, society, or any other form of association or organization.

"Veterinarian" means a doctor of veterinarian medicine duly licensed to practice under the laws of the state of California.

"Working dogs kennels" means a kennel where dogs are kept for working livestock or poultry.

(Ord. 163 § 1, 2005)

All animal service officers shall, upon appointment, be vested with the powers of peace officers of the county as provided by Section 830.9 of the California Penal Code and they may arrest without warrant any violators of Sections 5050 through 5146 of this code as provided by Section 830.9 of the California Penal Code. It is the duty of the animal service officer to assist in enforcing all sections of this code pertaining to animal control.

(Ord. 163 § 2, 2005)

A. Except as otherwise provided in this chapter, a license is required for each and every dog over the age of four months located within the city of Tehama, and any person owning or having custody or control of any dog therein shall be required to secure such license. No dog license shall be issued except upon proof by the applicant thereof that it had a rabies vaccination that will be effective during the entire period for which the license was issued.

B. If any person acquires ownership, custody or control of any dog not currently licensed, or brings into the county a dog not currently licensed in Tehama County, he or she shall license the dog within thirty (30) days thereafter.

C. If any person acquires ownership, custody or control of any dog that is currently licensed with a valid Tehama County license he or she shall either transfer such license or secure a new license within thirty (30) days thereafter. A dog license shall not be transferred from one dog to another. A duplicate tag, in case of loss or due to transfer of ownership, shall be issued upon verification of current registration.

D. No license is required for dogs under four months of age, dogs in a licensed kennel, dogs in transit or temporary sojourn of thirty (30) days or less, or dogs brought in for care, exhibition or commercial purpose, provided that all such dogs mentioned above are kept under full physical restraint by owner or keeper at all times.

E. It is unlawful for any person to permit any female dog which is owned, harbored, or controlled by him or her, to run at large at any time during the period when the dog is in heat or breeding condition.

F. It is unlawful for any person to permit any dog which is owned, possessed or kept by such person to run at large on any other property or street within the city.

G. Proof that the dog has been vaccinated against rabies in a manner and during a time interval specified by the rules and regulations of the state of California department of public health shall be furnished to the licensing agent as a condition of licensing during such time as Tehama County is under official declaration as a rabies area by the state department of public health or by the board. Proof of valid vaccination shall be by certificate of a licensed veterinarian.

H. It is unlawful to bring into the county from an officially declared rabies area any dog not properly vaccinated prior to and during the time of declaration, except on the approval of the county health officer or his or her designated deputy and under such conditions as he or she may deem necessary.

I. The license fee for each dog over the age of four months shall be set forth in a fee schedule established by resolution of the board of supervisors.

J. Every owner who fails to obtain either a dog license shall pay a late fee in addition to the regular license fee. The amount of such late fee shall be provided by resolution of the board of supervisors.

K. Unless otherwise provided by this chapter, it is unlawful for any person to permit any dog to run at large unless a current license tag is securely attached to its neck or body with a substantial collar and is under the reasonable control of the owner.

L. No more than three dogs and no more than three cats shall be owned or harbored at any residence or single parcel within the city of Tehama.

(Ord. 163 § 3, 2005)

A. Kennels of more than three dogs shall not be permitted in the residential area of the city of Tehama.

(Ord. 163 § 4, 2005)

A. Any animal, which is to the knowledge of the animal service officer, engaged in an activity, or existing in a condition prohibited by this chapter or which is an abandoned or strayed or otherwise not under control of the owner, shall be taken and impounded at the county animal care center or such other place as may be approved by the animal service officer. Impounded animals shall be kept for the time periods specified in county code.

B. The county animal service officer will follow notifications and timelines in compliance with state laws.

(Ord. 163 § 5, 2005)

A. The owner of any animal impounded may at any time before the disposition thereof, redeem the same by paying all proper fees and charges accrued, provided however, that if the animal is a dog that is subject to a license in this chapter, the license requirements must be satisfied before the dog's release, except that an impounded dog that has not been vaccinated against rabies or exempted therefrom by an exemption certificate as provided in this chapter may be released to an owner who paid all fees required in this chapter, including the license fee on condition that such owner shall:

1. Have the dog vaccinated for rabies within ten (10) days;

2. Exhibit a valid certificate of vaccination to the animal control officer within ten (10) days, at which time the license will be issued.

(Ord. 163 § 6, 2005)

A. The animal care center will follow the laws of the state.

B. Notwithstanding any other provision of this chapter to the contrary, an impounded animal which is determined by the animal control officer to constitute a health hazard may be destroyed or otherwise disposed of as ordered by a licensed veterinarian.

(Ord. 163 § 7, 2005)

A. The animal service officer shall charge and collect fees for any impounded animal when claimed and before released. Fees to be set by resolution of the board of supervisors.

(Ord. 163 § 8, 2005)

A. No liability shall be incurred for the disposition of any animal made pursuant to the provisions of this chapter.

(Ord. 163 § 9, 2005)

A. Any person violating any provision of this chapter shall be guilty of a misdemeanor and be punished as provided in Section 6.04.160 of this chapter, unless otherwise provided.

(Ord. 163 § 10, 2005)

A. Any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies, shall report the facts immediately to the health officer. During such time as the county is under official declaration as a rabies area by the state department of public health, the health officer shall be notified of any person bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies.

B. Any person who owns or controls a dog or other animals shall comply with the rules and regulations of the state department of public health concerning rabies control.

(Ord. 163 § 11, 2005)

A. A vicious dog is one for which two separate unprovoked human bite reports have been received and verified by the health department or animal service officer. Any person owning or having custody of such dog shall confine it in a secure enclosure or control it by leash and muzzle.

Failure to comply with such an order is a violation of this chapter, and is a misdemeanor.

(Ord. 163 § 12, 2005)

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 animal service officer. 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. The animal service officer shall investigate the complaint and if he or she finds such conditions do exist, he or she may issue an order to conform, requiring the owner or custodian to abate such conditions within a reasonable length of time. Failure to comply with such an order is a violation of this chapter.

(Ord. 163 § 13, 2005)

A. Whenever the animal service officer receives in writing by three or more persons, having a separate residence or regularly employed in the neighborhood, that any dog is a habitual nuisance by reason of its howling, barking, or, by its actions, potentially vicious or in any other manner causing undue annoyance, the animal service officer shall investigate the complaint and if he or she finds such conditions do exist, he or she may issue an order to conform requiring the owner or custodian to abate such conditions within a reasonable length of time. Failure to comply with such an order is a violation of this chapter.

(Ord. 163 § 14, 2005)

A. The city council finds that there is a menace to the health and safety of the community of Tehama by reason of dogs being permitted within the city out of the control of any person.

B. It is unlawful for any person, or persons, or firm, or corporation, owning, harboring, controlling or keeping a dog within the city of Tehama to permit any such dog to run at large within the city of Tehama; as used in this chapter a dog shall be deemed as "running at large" when not on a leash; or when not is the control of a responsible person; or when not upon the premises under the control of the owner with adequate provision for the care of such dog; or when not in an enclosure, on premises controlled by the owner, sufficient at all times to restrain and control such dog and within which enclosure adequate provision is made for the care and feeding of such dog. The enclosure on the premises controlled by the person owning, harboring, controlling, or keeping such dog shall be such, as to protect any person having lawful business on the premises whereon the enclosure is situate from attack by such dog.

C. It is the duty of the animal service officer to impound all dogs running at large upon the streets, alleys, or public places within the city or upon the property of others than the person owning, possessing or keeping the dog.

(Ord. 163 § 15, 2005)

A. Fines and Punishments. Any person who is convicted of a violation of this chapter wherein the punishment is prescribed by this section, the punishment shall be a fine of not more than one thousand dollars ($1,000.00) and/or up to one year in the county jail.

(Ord. 163 § 16, 2005)

A. If the city of Tehama enters into an agreement with the county of Tehama for the enforcement of this chapter, then the duties and functions of officers of the city of Tehama, as set forth in this chapter, shall be carried out by the officers designated in the animal control ordinance of the county of Tehama, including licensing, impounding, releasing, setting and collecting fees and other matters referred to in this chapter.

(Ord. 163 § 17, 2005)

A. The schedule of fees for dog licenses, kennel licenses, and other fees and penalties may be set by resolution of the Tehama city council. If the city enters into an agreement with the county of Tehama, the above fees may be set by the Tehama County board of supervisors.

(Ord. 163 § 18, 2005)