Tracy Municipal Code Art. 2 Animal Shelter and Animal Services

A public animal shelter is hereby authorized in the City. The animal shelter shall be located at some convenient place to be fixed by the Council. Such animal shelter shall be and remain under the charge and control of the Tracy Police Department.

The Tracy Police Department shall cause all animals impounded to be provided with sufficient food and water suitable therefor and shall keep such animal shelter in a clean and sanitary condition at all times.

(Ord. 1040 § 5 Exh. E (part), 2002: prior code § 5-2.201)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

The Office of Animal Services is hereby established. The Animal Services Officer shall be appointed by the Chief of Police and shall receive such compensation as the Council, from time to time, may provide. For the purposes of enforcement of this chapter and other laws, the title "Animal Services Officer" shall be synonymous with "Animal Control Officer" and shall include the Animal Services Supervisor, Police Officers when enforcing this chapter, the Animal Services Officer, and assistants and deputies that have satisfactorily completed a certified course in "Powers and Arrest."

(a) The Animal Services Officer, and all assistants and deputies, shall satisfactorily complete a certified course in "Powers of Arrest." Such persons may thereafter exercise the powers of arrest as specified in section 836.5 of the California Penal Code on any person who has committed a misdemeanor or infraction in their presence which is a violation of the provisions of this chapter.

(b) The Animal Services Officer, and all assistants and deputies, may carry weapons when acting in the course of their employment, providing they have satisfactorily completed a course of training in the carrying and use of firearms.

(Ord. 1040 § 5 Exh. E (part): prior code § 5-2.202)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

(a) Licenses required. It is hereby declared unlawful for any dog, not duly vaccinated, licensed, and registered in accordance with the provisions of this section, to be in the City or to be owned, kept, or possessed in the City by any person. Licenses shall not be transferable on a change of ownership, nor from one dog to another. Licenses will be issued for a term of one year for dogs under one year of age, and for a term of three (3) years for dogs over one year of age. Licenses will be issued at the time they are purchased, and shall expire at the end of their term.

(b) Vaccinations required. Any person desiring to keep a dog in the City, within ten (10) days after the dog attains the age of four (4) months and prior to licensing the dog, shall have the dog vaccinated by a licensed veterinarian with a canine anti-rabies vaccine.

(c) Veterinarian collaboration required. All veterinarians within the City shall provide rabies records to the Animal Services Supervisor upon his or her request. The records provided must specify the animal owner's first and last name, address, and phone number, the name and physical description of the animal, and the date the rabies vaccine was administered.

(d) License fees. Any person desiring to keep a dog over the age of four (4) months in the City, shall pay the City a license fee within thirty (30) days after acquiring such a dog or within thirty (30) days of an owned dog attaining the age of four (4) months. The license fee shall be established by resolution of City Council. Such fee shall be reduced by one-half (½) or more if a certificate is presented from a licensed veterinarian that the dog is spayed or neutered. Licenses of dogs over the age of four (4) months shall be renewed before or upon expiration of the current license. The license fee shall be delinquent if not paid on or before the due date. A penalty determined by resolution of City Council shall be added to the fee when the license is delinquent. All license terms issued shall not exceed the expiration date of the anti-rabies vaccination.

Two and 50/100ths ($2.50) dollars for each unaltered male or female dog and one and 50/100ths ($1.50) dollars for each altered male or female dog of the fees collected pursuant to the provisions of this subsection shall be deposited into an account for Rabies Treatment and Eradication, thus allowing Tracy Animal Services to provide discounted rabies vaccines. At the end of each fiscal year, any remaining amount of such fees may be transferred, by the order of Council, to the General Fund provided that sufficient funds remain to adequately carry out the administration of the Animal Shelter's operations.

(e) Certificates of vaccination. A dog license shall not be issued unless the applicant shows Animal Services a valid certificate of canine anti-rabies vaccination, which certificate adequately describes the physical features of the dog, the date of vaccination, the type of vaccine used, and bears the signature of a licensed veterinarian.

(f) Type and frequency of vaccinations. The type of vaccine acceptable and the frequency of vaccination shall be determined by the Department of Public Health of the State.

(g) House-to-house checks. A house-to-house check may be conducted to locate dogs which are not vaccinated or licensed according to the provisions of this section to cause licenses to be taken and vaccinations to be given for such dogs.

(h) License tags. A suitable tag shall be furnished by the City to each owner who shall pay such license fee, which tag the owner shall attach and keep attached to a collar around the neck of such dog at all times. Such tag shall have legibly stamped thereon the registered number of the dog.

(i) Registration records. The City shall keep a record in which it shall register the number of such tags supplied to each of the owners of such dogs, a description of the dog, the period for which such tag was purchased, the amount received therefor, and the residence address of the owner thereof.

(j) Dogs not allowed at large. Such license shall entitle the owner of the dog for which such license is issued to keep such dog in the City during the term for which the license was issued; provided, however, such owner at all times shall keep such dog securely enclosed in a room, pen, or enclosure or shall keep such dog secured on a leash, and it shall be unlawful for any person at any time to have, own, or possess any dog within the City, whether the dog shall be licensed or not, unless such dog shall be kept so enclosed or on a leash.

(k) Impoundment of dogs at large. It is hereby made the duty of the Tracy Police Department to take and impound any dog so licensed and registered which may be found in the City, and also to take and impound any dog, whether licensed and registered or not, which may be found in the City if such dog is not enclosed or is not on a leash as provided in this section, or if the owner cannot be located to return the dog.

(l) Notices of impoundment. If any dog so taken or impounded shall be licensed or registered, and if such tag and number shall be upon the collar of such dog, the Tracy Police Department shall give a notice to the owner thereof within forty-eight (48) hours after such dog shall have been taken. Such notice shall state that the dog has been taken and impounded and that such dog will be disposed of or humanely euthanized as provided in this section. Such notice shall be served upon the owner by delivering the notice to such owner personally, or by leaving the notice with any person at the place of residence of the owner, as stated in the records of the City, or by posting the notice in a conspicuous place at the address of such owner, or by United States mail.

(m) Redemption of impounded dogs and cats. At any time within three (3) days after such notice shall have been so given, the owner or possessor of such licensed dog may redeem the dog by paying to the City a redemption fee and a boarding fee established by resolution of the Council. The owner or possessor of an unlicensed dog may redeem the dog by purchasing a license and paying to the City the same charges and fees set forth in this subsection. The owner or possessor of a cat may redeem the cat by paying to the City the same charges and fees set forth in this subsection. All dogs and cats not redeemed, as provided in this section, may be assigned to a third party provided the third party agrees to indemnify the City for incurred costs of care, and for the proper license fees, and for assignment fees, and further agrees to carry out the other provisions of this section, or the dog or cat may be humanely euthanized by the Animal Service Officer after five (5) business days of the impoundment of cat and unlicensed dogs and five (5) business days after proper notification of impoundment to the owners of licensed dogs.

(n) Mandatory alteration for multiple impounds. Any unaltered dog or cat impounded three (3) or more times from the same owner within the lifetime of the animal shall be spayed or neutered at the owner's expense prior to redemption. Animal Services shall provide the owner with notice of such determination. At the option of the owner, a private veterinarian may perform the spaying or neutering. In the event the owner chooses to have a private veterinarian perform the spaying or neutering, the owner must provide animal services with documentation showing that the animal was altered within thirty (30) days of such alteration.

(1) Hearing. In the event an owner wishes to challenge the mandatory alteration for multiple impounds, the owner shall notify Animal Services in writing within ten (10) days after receiving notice from Animal Services that the animal must be altered. A hearing shall be set within thirty (30) days of receiving written notice from the owner, and written confirmation of the date, time, and place of the hearing shall be provided to the owner at least five (5) days before the hearing by personal delivery or mail. The Hearing Officer, as defined in Section 1.12.030 of this Code, shall consider all relevant evidence presented at the hearing. The formal rules of evidence shall not apply.

(2) Hearing Officer's decision. Following the hearing and within fifteen (15) days of the hearing, the Hearing Officer shall notify the owner in writing of his or her decision.

(o) Prohibition against adopting unaltered dogs or cats.

(1) The animal shelter shall not adopt any dog or cat which has not been spayed or neutered, unless the dog or cat cannot be medically-cleared for surgery by a veterinarian. The fee for alteration shall be determined by resolution of Council, and shall be comparable to the fee charged by veterinarians in the locale.

(2) In the event a dog or cat is adopted unaltered because the dog or cat is not medically-cleared for surgery at the time of adoption, once medically-cleared the adopter shall provide Animal Services with written documentation that the dog or cat has been spayed or neutered within sixty (60) days of the surgery. Failure to comply with this section shall result in an administrative citation specified in Chapter 1.28 of this Code.

(p) Prohibition against adopting dogs which have not been vaccinated for rabies: Deposits for costs of rabies vaccination.

(1) The animal shelter shall not adopt any dog which has not been vaccinated for rabies, unless the adopter obtains a rabies vaccination voucher from Animal Services. The fee for the voucher shall be determined by resolution of Council, and shall be comparable to the fee charged by veterinarians in the locale.

(2) Any dog four (4) months of age or younger at the time of adoption shall be vaccinated for rabies within ten (10) days after attaining the age of four (4) months and prior to licensing. Any dog over four (4) months of age at the time of adoption shall be vaccinated for rabies and licensed within ten (10) days.

(Ord. 1040 § 5 Exh. E (part), 2002; prior code § 5-2.203)

(Ord. No. 1159, § 12, 6-7-2011; Ord. No. 1308, § 1(Exh. A), 6-1-2021)

The Animal Services Officer shall wear, while engaged in the discharge of his or her duties, a badge designating his or her office, except that when any police officer acts as Animal Services Officer, his or her badge as such police officer shall be sufficient.

(Ord. 1040 § 5, Exh. E (part), 2002: prior code § 5-2.204)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

It is unlawful for any person to resist or interfere with the Animal Services Officer in the discharge of his or her official duties or to in any way, directly or indirectly, remove any animal from the animal shelter without lawful authority.

(Ord. 1040 § 5 Exh. E (part), 2002: prior code § 5-2.205)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

The Animal Services staff shall keep a record of every animal entering the animal shelter, setting forth a description thereof, the date and manner of disposition of the animal, whether notice was given to the owner and the date such notice was given, and the name of the person to whom adopted or transferred.

(Ord. 1040 § 5 Exh. E (part), 2002: prior code § 5-2.206)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

It is the duty of all persons owning or possessing a deceased animal to dispose of such animal within twenty-four (24) hours upon the animal dying. If the animal weighs twenty-five (25) pounds or under, the animal may be buried at the owner's premises, and shall be buried at least one foot underground. If the animal weighs more than twenty-five (25) pounds, the owner must bring the animal to the animal shelter or a licensed veterinarian for disposal.

(Ord. 1040 § 5 Exh. E (part), 2002: prior code § 5-2.207)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

If any person fails or neglects to bury or otherwise dispose of any animal as provided for in this article, then in such case it shall be the duty of the Animal Services Officer to proceed forthwith to have the same disposed of, and it shall be lawful for the City to charge to and recover from the owner or possessor of such deceased animal the cost of disposal thereof; and such person who shall neglect or refuse to bury or dispose, or cause the burial or disposal of, any deceased animal as provided for in this article upon his premises or in any public place of which he or she is the owner or possessor, or pay the City the cost incurred in burying such deceased animal, shall be guilty of a misdemeanor. In case the Animal Services Officer, after diligent search, cannot find the owner or possessor of any deceased animal, in this article referred to, the Animal Services Officer shall cause the same to be disposed of and the cost thereof shall be paid by the City.

(Ord. 1040 § 5 Exh. E (part), 2002: prior code § 5-2.208)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)

If an owner wishes to surrender an animal to the Animal Services Officer or Police Department, the owner shall pay the cost of surrendering the animal, in an amount established by resolution of the City Council.

(Ord. No. 1159, § 13, 6-7-2011; Ord. No. 1308, § 1(Exh. A), 6-1-2021)

The Council may contract with the Society for the Prevention of Cruelty to Animals or the County for the administration of this article and section 5.04.240 of Article 3 of this chapter.

(Prior code § 5-2.209)

(Ord. No. 1308, § 1(Exh. A), 6-1-2021)