Tulare Municipal Code Ch. 6.12 Tulare Animal Ordinance

This chapter shall be known and may be cited as the Tulare City Animal Ordinance.

(Ord. 17-13, passed 12-19-2017)

This chapter is intended to regulate, control, and protect domestic animals within the incorporated area of the City of Tulare City. It is the policy of the city to secure and maintain such levels of animal control as necessary to protect human health and safety, to prevent property damage to the greatest extent practicable, and to prevent injury or cruelty to animal life.

(Ord. 17-13, passed 12-19-2017)

This chapter 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. This chapter shall be interpreted to be compatible with federal and state enactments, and in furtherance of the public purposes which those enactments express. Tulare City will uphold the laws of the State of California. Where the ordinances are silent, Tulare City will enforce the laws of the State of California related to the health and welfare of animals, as amended from time to time.

(Ord. 17-13, passed 12-19-2017)

Fees shall be established by the Tulare City Council including but not be limited to, fees for impoundment, licensing, kenneling, adoption, disposal, and boarding of animals. The fees and charges established by the city are designed to recover the reasonable cost of providing said services, including administrative costs as related to said services and allowable by law.

(Ord. 17-13, passed 12-19-2017)

Unless the provision or context requires otherwise, the definitions contained in this section shall govern the construction of this chapter. 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.

ABANDON. To leave an animal upon any public street or other public place, or upon any private property or premises with no intention of returning to care for that animal.

ADMINISTRATIVE CITATION. A notice provided by the Animal Services Manager or an Animal Services Officer outlining behaviors in violation of this chapter and in accordance with Tulare City Municipal Code Chapter 1.61, titled Administrative Citations.

ADMINISTRATIVE REVIEW OFFICER. The Chief of Police or his or her designee. The Chief of Police may contract with a qualified provider to conduct administrative reviews or process administrative citations.

ADOPTABLE. Pursuant to Cal. Penal Code § 599d(a), animals eight weeks of age or older that, at or subsequent to the time they are impounded or otherwise taken into possession, have manifested no sign of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, congenital or hereditary condition that is anticipated to adversely affect the animal’s health in the future.

ANIMAL. Any mammal, reptile, avian or fish.

ANIMAL SERVICES DIVISION or ANIMAL SERVICES. The Division, and its duly authorized staff, within the Tulare Police Department, which has been established to oversee the city’s Animal Services and licensing functions and the day-to-day operations of the city’s Animal Services Facility.

ANIMAL SERVICES OFFICER. A person duly appointed by the Animal Services Manager or Chief of Police to carry out the activities and programs of Animal Services.

ANIMAL NUISANCE. Such actions or behaviors of an animal which interfere with the rights of persons to the enjoyment of life or property by creating chronic annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept, harbored or maintained, and shall include, but not be limited to, the following:

(1) Causing fouling of the air by the unpleasant odor of accumulated fecal waste or urine. Such fouling of the air must be detected from a location or locations other than the property in question;

(2) Causing unsanitary conditions in enclosures or surroundings;

(3) Making a chronic, continuous excessively loud or disturbing noise of more than a 15-minute duration per incident, that prevents the resident or residents of any property from enjoying the full use of that property for any lawful purpose including but not limited to sleep or rest.

This does not include periodic barking or other utterances of short duration. This list excludes agricultural operations in compliance with zoning ordinances and/or special use permits.

ANIMAL OWNER, OWNER or CUSTODIAN. Any person who owns an animal or who has charge, care, custody or control of, or has a right to control an animal for 14 or more consecutive calendar days, except a veterinarian caring for an animal in the regular practice of veterinary medicine.

ANIMAL RESCUE. Any person or organization, operating as a recognized 501(c)(3) non-profit, that provides housing and care for domestic animals with the purpose of placing those animals with a new and permanent guardian, or providing hospice (end-of-life care) to terminally ill animals, or sanctuary to animals which cannot be adopted out.

ANIMAL SERVICES MANAGER or MANAGER. The person, appointed by the Chief of Police, who is tasked with the management of the Animal Services Division.

ANIMAL SERVICES PERSONNEL. Any person working at the Animal Shelter and tasked with carrying out the activities and programs of Animal Services.

ANIMAL SHELTER. The city-owned shelter, operated for the purposes of impounding, caring for, adopting out, and placing seized, stray, distressed, homeless, abandoned, or unwanted animals.

AT LARGE. An animal off the premises of its owner or custodian and:

(1) If livestock, not properly fenced, or not under the control and in the immediate presence of the owner or custodian; or

(2) If a dog, not under physical restraint.

BITING ANIMAL. Any animal, other than a law enforcement service dog, that bites a person or other animal in the incorporated areas of the City of Tulare; provided however, that the person or animal bitten was not at the time either provoking or teasing the animal without cause. The records of animal bites kept by Animal Services shall be deemed official records and shall establish the number of bites recorded.

BREEDING PERMIT. A permit issued by Animal Services to commercial kennels engaging in the breeding of animals.

CAT. Any domestic cat (Felis catus).

CITY COUNCIL. The City Council of the City of Tulare, California.

CITY MANAGER. The City Manager of the City of Tulare or his or her designee and acting within the scope of the City Manager’s authority.

CITY PROPERTY. Any building, land or water owned, leased, managed, or controlled by the city.

CORRECTIVE ACTION PLAN. A directive from the Animal Services Manager, or similarly situated person, compliance with which will result in return of an animal and/or cessation of any pending matters with Animal Services.

DOG. Any domestic dog (Canis familiaris).

DOG LICENSE. A tag, which will be firmly affixed to the animal’s collar on which is imprinted the phone number and name of the issuing agency, and a serial number unique to the individual tag.

DOMESTIC ANIMAL. Dogs and cats, except as limited in the definition of “feral animal” in this section.

EQUINE. Any horse, pony, mule, or burro.

EXOTIC ANIMAL. 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.

FERAL ANIMAL. Any domestic animal that is known to live in a wild or semi-wild state without benefit of an owner, or any domestic animal that has escaped for a substantial period of time from the care of its owner or custodian and is existing in a wild state, without benefit of domestication.

FERAL CAT COLONY. A group of two of more feral animals (cats) living in a wild or semi-wild state without benefit of an owner.

GUIDE DOG. Any guide dog or seeing eye dog which has been trained by a person licensed under Chapter 9.5 (commencing with § 7200) of the Cal. Business and Professions Code.

HEALTH OFFICER. The Health Officer of the county or his or her designee.

HEARING. Means the process prescribed in § 6.12.360 for the redress of issues relating to or arising from the enforcement of this chapter including, but not limited to, potentially dangerous and vicious animals, permits, or such other administrative matters for which a person is entitled to an impartial third party decision maker.

HEARING OFFICER. The person designated by the Police Chief, or his or her designee, to preside at and render judgments from hearings transacted under the authority of this chapter. The person may be an employee of the city who is not assigned to Animal Services or otherwise subordinate to the Manager thereof, or a person who is not an employee but is retained to provide such services. Any such Hearing Officer shall be qualified by training or experience or shall be an attorney or an administrative law judge. The person shall be impartial and make a decision based on the evidence presented at the hearing.

HEARING OFFICER, APPEAL. A person designated by the Police Chief, or his or her designee, to preside at any appeal hearing. The appeal hearing does not render judgment as a Hearing Officer but rather confirms or denies the decision made at the hearing. The Animal Services Manager may act as the Appeal Officer.

IMPOUND. The physical restraint and transport of an animal to the Animal Shelter by Animal Services personnel, another agency, or the general public. An animal confined and returned to the owner or custodian, prior to transport to the Animal Shelter, is considered to be impounded.

IMPOUNDMENT. The taking up and confining of an animal, by Animal Services, in accordance with the provisions of this chapter or other applicable law or regulation.

KENNEL—COMMERCIAL or COMMERCIAL KENNEL. Any lot or premises on which five or more dogs over four months of age are kept by the owner or occupant for commercial purposes, including, but not limited to, boarding, breeding, buying, selling, renting, or training.

KENNEL—NON-COMMERCIAL or NON-COMMERCIAL KENNEL. Any lot or premises on which five or more dogs over four months of age are owned and kept by the owner or occupant for personal, noncommercial purposes, including, but not limited to, hunting, tracking, exhibiting at shows, exhibitions, field trials, competitions, or perpetuating a given breed, or the fostering of dogs on behalf of Animal Services. Breeding, buying and selling of animals by a NON-COMMERCIAL KENNEL is prohibited.

KENNEL—NON-PROFIT or RESCUE KENNEL. Any lot or premises on which five or more dogs are kept by a person or organization operating as a 501(c)(3) that provides housing and care for domestic animals with the purpose of placing those animals with a new and permanent guardian, or providing hospice (end-of-life care) to terminally ill animals, or sanctuary to animals which cannot be adopted out.

LICENSED PREMISES. Any lot or premises on which a commercial kennel or non-commercial kennel is maintained by the person owning or occupying such lot or premises.

LIVESTOCK. Any cattle, sheep, swine or goats, or any llamas or other camelidae, or any domestic fowl or rabbits.

MICROCHIP. An identifying integrated circuit placed under the skin of an animal.

NONLETHAL FORCE. Capture guns, counter-assault agents (pepper spray, citronella based deterrents, etc.), blowguns, carbon dioxide operated rifles and pistols, air guns, and electronic control devices.

PERSON. Any individual, firm, association, organization, partnership, joint venture, business trust, corporation or company.

PETS, PET STORE PETS. Dogs, cats, rabbits, birds, guinea pigs, hamsters, mice, snakes, iguanas, turtles and any other species of animal which can be legally sold or retained for the purpose of being kept as a household pet.

POTENTIALLY DANGEROUS ANIMAL. Any of the following:

(A) Any animal which behaves in such a manner that the owner or custodian thereof knows or should know that the animal poses a threat to public safety;

(B) Any animal which because of its size, training, behavior, physical nature, or vicious propensity would threaten public safety were it not controlled as prescribed in this chapter;

(C) Any animal which threatens or attacks any person in a manner which requires substantial defensive action by any person to prevent bodily injury;

(D) Any animal which threatens or attacks any other animal belonging to another when such other animal is confined upon private property or otherwise lawfully restrained and controlled.

PREMISES. Any property owned, leased or rented by any person.

SECURE ENCLOSURE. A fence or structure suitable to prevent the entry of young children, and which is suitable to confine a potentially dangerous or vicious animal in conjunction with other measures which may be taken by the owner of the animal. The enclosure shall be designed to prevent the animal from escaping. The animal shall be housed pursuant to Cal. Penal Code § 597(t).

SERVICE DOG. Any dog that is individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

SEVERE INJURY. Any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

SUBSTANTIAL LEASH. Any substantial chain, cord, rope, strap or other restraint which is held or otherwise controlled by a person capable of and actually controlling the animal to which such restraint is attached.

VETERINARIAN. Any person licensed to practice veterinary medicine in California.

VETERINARY FACILITY. A clinic or hospital for the provision of inpatient or outpatient medical services to domestic and exotic animals. Animals may be kenneled on site.

VICIOUS ANIMAL. Any of the following:

(A) Any animal seized under Cal. Penal Code § 599aa and upon the sustaining of a conviction of the owner under subdivision (a) of Cal. Penal Code § 597.5;

(B) Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being or other animal;

(C) Any animal previously determined to be, and currently listed as, a potentially dangerous animal which, after its owner or custodian has been notified of this determination, continues the behavior described in the definition of “potentially dangerous animal” set out above, or is maintained in violation of Tulare City ordinances.

WILD ANIMAL. Any animal identified in Cal. Fish and Game Code § 2116.

(Ord. 17-13, passed 12-19-2017)

The Animal Services Manager shall supervise the Animal Shelter and all Animal Services personnel.

(A) Responsibility. The Animal Services Manager is responsible for the regulation and the enforcement of this chapter and all other laws dealing with animals existing within the incorporated area of the city and any other incorporated areas which may contract with the city for such services. The duties of the Animal Services Manager shall include, but not be limited to, the following:

(1) To administer the Animal Shelter and keep such records as may be required;

(2) To take up and impound animals which are in violation of this chapter;

(3) To quarantine animals and to cooperate with the County Health Officer;

(4) To administer licensing programs as provided for in this chapter and in compliance with state and federal laws; and

(5) To abate animal nuisances.

(6) To provide a suitable building or enclosure to keep and safely hold all animals impounded pursuant to the provisions of this chapter.

(B) Rules and regulations. The Animal Services Manager may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of, this chapter. Such rules and regulations will be approved by the Tulare City Council by resolution. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of any license provided for herein. Documents that one must submit in order to comply with this code will be readily available at Animal Services and/or the Tulare City Hall.

(C) Animal Services Officers. Animal Services Officers qualified pursuant to § 830.9 of the Cal. Penal Code shall enforce the provisions of this chapter, including:

(1) Take up and impound all animals found to be in violation of the provisions of this chapter;

(2) Provide all impounded animals with sufficient shelter, food and water;

(3) Keep such records as may be required by the Tulare City Council or any other authority;

(4) Carry out the provisions of this chapter and all applicable statutes of the state.

(D) Animal Services Officers shall have the power to issue citations pursuant to § 1.61.030 of Title 1 of the Tulare Municipal Code.

(E) Authority to pursue on foot. In the performance of his or her duties, the Animal Services Manager and each Animal Services Officer shall have the authority, when in pursuit of an animal, which is in violation of a provision of this code, to go upon the outdoor property of the owner or a third person for the purpose of impounding the animal; provided, that in the course of such pursuit he or she shall exercise reasonable care to avoid causing damage to the property.

(F) Animal Services Officers, in the performance of their duties, shall have the authority to enter upon private property when exigent circumstances exist to prevent serious injury or death to animal or human.

(G) Authority to use specialized equipment. Upon satisfactory completion of a Peace Officer Standards and Training Course pursuant to Cal. Penal Code § 832, in the performance of his or her duties, the Animal Services Manager and Animal Services Officer(s) shall have the authority to employ the use of specialized equipment, as defined in these ordinances and Cal. Penal Code § 830.9 , and all other animal control devices commonly used by other animal control agencies located within the State of California. The Animal Services Manager may authorize trained and certified Animal Services Personnel to use specialized self-protection equipment such as an expanding baton or other non-lethal device or chemical agent to prevent personal injury while on duty.

(H) Authority to humanely euthanize.

(1) The Animal Services Manager or Animal Services Officer shall have the authority, when a clear and present danger to public safety exists and reasonable means of capture have failed, or if the animal is irremediably ill, wounded or suffering, to direct the humane euthanization of an animal in the field.

(2) In such cases of humane euthanization, reasonable efforts will be made to notify the owner or custodian of the animal, if one exists.

(I) Obstruction. Any person who prevents, resists, threatens, or obstructs an attempt by the Animal Services Manager or Animal Services Officer to perform his or her lawful duties pursuant to this chapter or any person who conceals or secrets any animal subject to inspection or impoundment or any owner who fails to relinquish upon lawful demand any animal to be impounded shall be guilty of a misdemeanor.

(J) Misrepresentation. No person shall willfully make a false or misleading statement or representation to the Animal Services Manager or Animal Services Officer acting in his or her official capacity regarding the ownership or right to custody or control of an animal for which a license is required, or regarding the ownership of an animal redeemed from, relinquished to, impounded by, or taken up by the Animal Services Manager or Animal Services Officer pursuant to this chapter. Such persons shall be guilty of a misdemeanor.

(K) Abuse of services. The Animal Services Manager is authorized to charge and collect a fee, as laid out in the Tulare City fee schedule, from any person, including the animal’s owner or custodian, who calls Animal Services to his or her residence requesting emergency assistance more than twice in a six-month period when no action is taken by the Animal Services Officer upon their arrival.

(L) Allowable animals. The keeping of animals at each physical address (half addresses are considered a second residence on a property) within the city limits shall not exceed two cats, three dogs over ten weeks of age, and two “pet store pets” (those pets other than dogs and cats that are legally sold at pet stores).

(M) Relief from fees. Upon the recommendation of the Animal Services Manager to the Chief of Police and with the approval of the City Council by resolution, the fees provided for by this chapter may be waived when animals have been impounded because of civic disorganization, disruption, or other conditions of civil emergency, or because of devastation due to fire, flood, earthquake, storm or other natural calamity.

(Ord. 17-13, passed 12-19-2017)

At the discretion of the Animal Services Manager, in lieu of a formal hearing and in conjunction with the animal’s owner, a corrective action plan may be put in place to abate animal related issues. The animal owner will be served with the corrective action plan signed by the Animal Services Manager outlining a plan of action, including but not limited to actions involving animals running-at-large, minimum shelter requirements, veterinarian care, animals worrying livestock or other animals, animal nuisance complaints, or licensing, regarding the animal or animals in question. If the owner or custodian complies with the requirements of the corrective action plan within the prescribed time period, no further action on the animal or animals will be taken and any pending action by Animal Services will cease. If the owner or custodian fails to comply with the requirements of the corrective action plan within the prescribed period, Animal Services shall resume any pending action.

Should an owner or custodian dispute the action taken by Animal Services for the owner or custodian’s failure to comply with the corrective action plan, the owner or custodian may request a hearing and pay the applicable hearing fees. Animal Services shall schedule the hearing and provide notice to the owner or custodian, via first class mail or personal service, of the date, time and place of the hearing. Failure to appear at the hearing at the designated time and place will be deemed a forfeiture of the animal.

(Ord. 17-13, passed 12-19-2017)

In addition to the remedies and penalties contained in this chapter, and in accordance with Cal. Government Code § 53069.4, an administrative citation may be issued for any violation of Tulare City animal ordinances. The process for the hearing, appeals and penalties are outlined in the Tulare City Municipal Code, Title 1, Chapter 1.61 .

(Ord. 17-13, passed 12-19-2017)

(A) The issuance by Animal Services and the acceptance by the owner of any license to keep an animal as provided for herein is prima facie evidence that the owner agrees to comply with the terms and conditions set forth in this chapter and that the owner has satisfied the basic licensing requirements under this chapter. Such issuance shall be given no evidentiary weight to indicate that the owner has conformed to zoning regulations, building regulations, health and safety regulations or to any other applicable rule, regulation or statute. For purposes of the administration of this chapter, if, pursuant to the issuance of official written notice, approval has been given by the office or agency responsible for the administration of the rule, regulation or statute in question, such approval shall be deemed prima facie evidence that the matter approved is in conformance with the rule, regulation or statute in question.

(B) Exemptions. The licensing regulations in this chapter are not applicable to the following:

(1) Owners of animals kept as all or part of the stock of (a) nonprofit zoological gardens open to the public; (b) circuses; or (c) animal exhibits when such enterprises are operated under business licenses granted by the city.

(2) Service dogs as defined in § 6.12.050 of this chapter.

(3) Public safety animals such as police, rescue and drug enforcement dogs.

(Ord. 17-13, passed 12-19-2017)

(A) Every dog meeting the minimum age requirements to receive a rabies vaccination shall be subject to a dog license fee, due and payable by its owner or custodian within 30 calendar days of the acquisition of the dog, or entry into the city. Thereafter, such license fee shall become due and payable on the date of expiration on any license previously issued to the owner or custodian for the dog. The amount of such fee shall be established in accordance with § 6.12.040 of this chapter. No license shall be issued without evidence of a valid rabies vaccination.

(B) Upon the written certification of a veterinarian that a dog has been surgically sterilized, the amount of the license fee shall be not more than one half the fee established for intact dogs in accordance with Cal. Food and Agricultural Code § 30804.5.

(C) No dog license shall be issued for any dog vaccinated with a vaccine not authorized by the State of California. Should a rabies vaccination not be valid for 12 months from the date of application the owner or custodian may elect to either:

(1) Be issued a license at the regular one-year rate as outlined in division (A) of this section that will expire upon expiration of the vaccination and be due again in full; or

(2) Re-vaccinate and be issued a license which would be valid for at least 12 months.

(D) A dog license fee shall become delinquent 30 calendar days after it becomes due and payable, and upon delinquency, an additional delinquent fee, as established by the City Council, shall be added to the regular fee. An unpaid delinquent fee shall be added to the succeeding year's license fee.

(E) Animal Services shall issue serially numbered tags stamped with the name of the city. This tag is a life time tag, which should not be removed, and will be unique to the animal to which it was issued. The license tag shall only be issued upon the application of owners who have complied with the vaccination and fee provisions of this chapter.

(F) Every dog shall be provided by the owner or custodian with a suitable collar, harness, or other device to which the dog tag can be affixed. The dog owner or custodian shall ensure that the dog wears such license tag at all times except when the dog is being prepared for an exhibit at a dog show.

(G) A license tag issued for one dog shall not be transferred or attached to any other dog.

(H) Whenever a license tag is lost, stolen, or damaged the owner or custodian shall apply for and obtain a replacement tag from Animal Services upon payment of the prescribed replacement fee.

(I) Despite anything in this chapter to the contrary, when an owner or custodian brings into the city a dog which has been licensed in another jurisdiction, the dog shall be licensed within 30 calendar days as outlined in this chapter. If the license from the other jurisdiction is valid for at least 12 months, a one-year license may be obtained for replacement tag fees upon the surrender of the other jurisdiction's license and the proper completion of a license application.

(J) Kennel permit exemption. Any person or place of business that has properly applied for and received a valid kennel permit as outlined in § 6.12.220 is exempt from licensing each individual dog as described in this section. This exemption does not relieve the permit holder of the responsibility of vaccination as outlined in § 6.12.120.

(Ord. 17-13, passed 12-19-2017)

Every owner or custodian of an unlicensed or untagged dog shall be deemed to be in violation of this chapter and is guilty of an infraction.

(Ord. 17-13, passed 12-19-2017)

(A) Every dog meeting the minimum age requirements to receive a rabies vaccination shall receive a rabies vaccine approved by the California State Department of Health Services.

(B) Every person who owns or comes to own an unvaccinated dog over four months of age shall have 30 calendar days from the date the animal was obtained to comply with the provisions of this chapter.

(C) Every veterinarian, after vaccinating a dog for rabies, shall issue a certificate to the owner or custodian. The certificate shall include, but not limited to, the following information:

(1) The owner's full name, address, and telephone number;

(2) The breed, age, sex, and color or markings of the animal;

(3) The date of immunization and expiration;

(4) The type of vaccine administered;

(5) The name of the vaccine manufacturer;

(6) The lot number of the vaccine used; and

(7) The signature of the veterinarian administering the vaccination and their veterinary license number.

(D) A copy of the certificate must be kept on file with Animal Services if the vaccination was issued at the Animal Shelter or low-cost vaccination clinics held by Animal Services. A duplicate copy may be provided when requested by the owner or custodian of the dog.

(E) The owner or custodian must maintain the certificate of vaccination, or a copy thereof, and must, upon demand of a public or peace officer acting within the course and scope of his or her employment, display said certificate for examination.

(F) Upon written proof provided by a veterinarian that a dog has a medical condition which would cause it to be endangered by receiving a rabies vaccination, Animal Services may exempt the dog from the vaccination requirements in this section so long as the dog is kept in strict confinement and isolated at all times and so long as the medical condition is proven to exist. The written proof must also contain an estimated date when the dog can be safely vaccinated. Although temporarily exempt from the vaccination requirements, the dog is still to be considered non-vaccinated and is not exempt from other provisions of this chapter.

(Ord. 17-13, passed 12-19-2017)

Every veterinarian practicing veterinary medicine within the City of Tulare shall furnish Animal Services with a copy of every rabies vaccination certificate prepared by them or their staff. Such certificates must be mailed to Animal Services no later than the fifth day of each month. The certificates may also be picked up by designated Animal Services personnel if prior arrangements are made by the veterinarian. A violation of this section is an infraction.

(Ord. 17-13, passed 12-19-2017)

Whenever any Animal Services personnel discovers through a vaccination certificate obtained from any veterinarian that a dog named thereon is unlicensed, the owner or custodian of such dog will be notified by mail that such dog is unlicensed and that such dog must be licensed within 30 calendar days of the date of the notice. The owner or custodian of any such dog which has been previously licensed in Tulare City shall be subject to a delinquent fee. The owner or custodian of any such dog which has never been previously licensed in Tulare City who obtains a license within 30 calendar days of the date of the notice shall be subject to an administrative fee plus the license fee or any other applicable fee.

The owner or custodian of such dog which has never been previously licensed in Tulare City who does not obtain a license within 30 calendar days of the date of said notice shall be subject to a delinquent fee, plus the license fee or any other applicable fee.

(Ord. 17-13, passed 12-19-2017)

Animal owner shall be subject to the requirements of this chapter. This definition does not apply to government agencies, animal rescue organizations which have demonstrated to the Department of Animal Services that they have implemented an ongoing spay/neuter program as well as an adoption program, or humane societies or societies for the prevention of cruelty to animals, or persons who provide licensed boarding, kennel, training, or veterinarian services for the owners of dogs.

(Ord. 17-13, passed 12-19-2017)

The owner or custodian of any domestic animal shall provide proper and adequate food, water, shelter, qualified medical care or attention and required vaccinations, for such domestic animal at a level which insures the domestic animal's safety, good health, and wellbeing. The owner or custodian shall maintain any enclosures or surroundings where the domestic animal is kept in a sanitary condition. A person in violation of this section is guilty of a misdemeanor. After a person has been given written notification that a violation Cal. Penal Code § 597 and of this chapter exists, each day the violation continues is to be considered a separate offense.

(Ord. 17-13, passed 12-19-2017)

All dogs impounded in the city's Animal Shelter shall be implanted with an identifying microchip prior to adoption or owner redemption; at the owner's expense. The owner is required to provide the microchip number to Animal Services and the national registry who provided the chip. Any change of ownership of the dog or any change in the owner's contact information shall be noticed to the national registry and Animal Services within 30 calendar days of the change of ownership.

(Ord. 17-13, passed 12-19-2017)

(A) No owner or custodian of any animal, wild or domestic, shall permit or suffer the animal to do any of the following:

(1) Be at large;

(2) Act or be kept in such a manner as to constitute an animal nuisance within the meaning of this chapter, as described in § 6.12.210 et seq.;

(3) Endanger the life or health of others;

(4) Damage the property of others; or

(5) Be afflicted with and not be receiving medically accepted treatment for any injury, zoonotic or other communicable disease.

(B) If found guilty of violating this section, the owner or custodian may be ordered by the Animal Services Manager, Hearing Officer, or court to

relocate or otherwise remove the animal from the location where it is kept, to prevent further violations. The Animal Services Manager, Hearing Officer, or court may also prohibit the owner or custodian from owning animals for a period of three years. These actions may be taken in addition to any other fine or punishment the Animal Services Manager, Hearing Officer, or court deems necessary.

(C) It shall be unlawful to keep or permit to be kept any wild, undomesticated or exotic animal, as defined in § 6.12.050, within the city limits of Tulare.

(1) This section shall not apply to any facility possessing or maintaining exotic animals which are owned, operated or maintained by any city, county, state or federal government agency, including but not limited to, public zoos, museums, laboratories or research facilities maintained by scientific or educational institutions, and/or animal sanctuaries approved by the Department of Fish and Wildlife.

(2) At such time as any real property is annexed into the City of Tulare, any exotic animal(s), as defined in this chapter, owned and located on the property at the time of annexation, shall be entitled to remain in the care and custody of its owner; notwithstanding the limitations of this chapter, so long as it is not, in the determination of the Animal Services Division, a danger to humans or other animals. An exception to this rule is as follows:

(a) Wild animals as defined and identified in Cal. Fish and Game Code § 2116 are strictly prohibited.

(Ord. 17-13, passed 12-19-2017)

(A) No person other than individuals transporting working dogs within agricultural or rural areas of the city shall transport or carry on any public highway or public roadway, any animal, wild or domestic, in or by a motorized vehicle unless the animal is as follows:

(1) Safely enclosed within the passenger compartment of the vehicle or if carried in the area designated for load carrying, the area must be enclosed or have side and tail racks at least 46 inches in height as measured from the floor of the vehicle;

(2) Protected within a secured container carried within, upon, or by such a vehicle; or

(3) Securely cross-tethered or secured to such vehicle by rope, chain, or other device in a fashion which prevents injury to the animal from falling from, being ejected from, or jumping from the vehicle.

(B) No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.

(1) Nothing in this section shall prevent a Peace Officer, Humane Officer, or an Animal Services Officer from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.

(2) A Peace Officer, Humane Officer, or Animal Services Officer who removes an animal from a motor vehicle shall take it to an animal shelter or other place of safekeeping or, if the officer deems necessary, to a veterinary hospital for treatment.

(3) A Peace Officer, Humane Officer, or Animal Services Officer is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible.

(4) A Peace Officer, Humane Officer, or Animal Services Officer who removes an animal from a motor vehicle shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his or her name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.

(5) This section does not affect in any way, the existing liabilities or immunities in current law, or create any new immunities or liabilities.

(Ord. 17-13, passed 12-19-2017)

The tethering and/or chaining of dogs shall be pursuant to Cal. Health and Safety Code § 122335.

(Ord. 17-13, passed 12-19-2017)

(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 members of the neighborhood or community or any considerable number of other persons;

(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 Manager or any Animal Services Officer has reasonable cause to believe that a public nuisance as defined in this section exists, the Manager 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 Manager shall investigate the alleged nuisance. Provided, however, that where there is only one person residing or regularly employed within 300 feet of the alleged public nuisance, written affirmation of only that one person shall be required for the Manager to investigate the alleged nuisance. If, upon investigation, the Manager determines that a public nuisance exists, the Manager 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 Manager may immediately refer the matter to the district attorney for prosecution of the public nuisance.

(D) Any person may maintain an action under Cal. Civil Code § 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 Cal. Civil Code § 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. 17-13, passed 12-19-2017)

No person shall operate a commercial, non-commercial, or rescue boarding kennel without first obtaining a permit in accordance with the provisions of this chapter and paying such fees as established by Animal Services. These permits shall expire June 30 of every calendar year.

All kennels must also operate in accordance with applicable zoning laws and may require a special use permit from Tulare City's Building and Planning Department. Any kennel not operating within the proper zone and/or with a special use permit will be subject to the penalties of Code Enforcement. All kennel applicants shall also include a letter of compliance issued by the appropriate local building and planning official indicating conformity with the provisions of zoning and building ordinances of the city.

Any commercial kennel engaging in the breeding of animals shall be required to obtain and maintain a breeding permit from Animal Services.

Private or "back yard" breeding is strictly prohibited in the City of Tulare.

(Ord. 17-13, passed 12-19-2017)

A current kennel permit may be transferred if the transferee files an application therefore and pays the related transfer fee as established by Animal Services. No permit may be transferred unless the kennel meets the standards prescribed by this chapter.

(Ord. 17-13, passed 12-19-2017)

(A) Acknowledgment of standards. A copy of the applicable standards will be supplied to the applicant with each request for an application for a permit, and the applicant shall acknowledge receipt of such standards and agree to comply with them and to allow inspections at reasonable times by signing the application form.

(B) Demonstration of compliance with standards. Each applicant or kennel operator must demonstrate that his or her premises and any facilities or equipment used in his or her kennel complies with the standards. In addition, each applicant or kennel operator shall correct any deficiencies noted within a reasonable time as specified by designee. Upon request by Animal Services, the applicant or kennel operator must make his or her premises, facilities, and equipment available for the purpose of ascertaining compliance with said standards.

(C) Conditions and restrictions. Animal Services may issue a permit under any conditions and restrictions which are deemed necessary for the protection of animal and/or public health, safety, or welfare, and shall specify such conditions and restrictions on the permit.

(D) Denial of an application may include, but are not limited to:

(1) Any person applying for an original permit who has not received approval for the location from the appropriate planning/zoning department or who has not obtained any necessary permit(s) and/or license(s) for its operation; or

(2) Any person whose permit has been suspended, for the period during which the order of suspension is in effect; or

(3) Any person who has been or is an officer, agent or employee of a permitted establishment whose permit has been suspended or revoked and who was responsible for or participated in the violation upon which the order of suspension or revocation was based, for the period during which the order of suspension is in effect and for a period of one year from the effective date of a revocation, or if a revocation has been stayed, until one year from the expiration of a stay; or

(4) Any person whose permit has been revoked, or any partnership, firm, corporation, or legal entity in which any such person has substantial financial interest for a period of one year from the effective date of such revocation, or if a revocation has been stayed, until one year from the expiration of the stay; or

(5) Any person who fails to comply with any provision of this chapter; or

(6) Any person who has been convicted of the crime of cruelty to animals, whether in this state or any other state.

(7) Any person with a prior record of animal abuse and/or defiance of existing animal control codes. *This list is not exhaustive and other relevant factors may be taken into consideration in approving or denying a kennel permit application.

(E) Right to appeal denial of kennel permit. Should a kennel owner dispute the denial by Animal Services of their application for a kennel permit, kennel owner may request an administrative review and pay the applicable fees. Animal Services shall schedule the administrative review and provide notice to the kennel owner, via first class mail or personal service, of the date, time and place of the administrative review. Failure to appear at the administrative review at the designated time and place will be deemed a forfeiture of the application for kennel permit and fees.

Judicial review of a decision made after an appeal hearing pursuant to this section shall be made pursuant to § 1094.6 of the Cal. Code of Civil Procedure where and to the extent said section may be applicable.

(Ord. 17-13, passed 12-19-2017)

Kennel operators shall keep available for inspection on the premises records that shall show the name, current address and telephone number of the owner of each animal kept at the kennel, the description of the animal, including its age (if known) or approximate age, breed, sex and color. As a part of such record, a current valid rabies certificate or other written proof of vaccination, verified in writing, shall be maintained for each dog required to be vaccinated by this chapter, showing the dog owner's name, including breed, color, sex, month and year of birth; the date of vaccination; and the name and telephone number of the veterinarian who vaccinated the dog or telephone number of the agency verifying vaccination. In addition, each kennel operator shall have someone in attendance at the kennel able to identify each animal in the kennel, except those animals under four months of age may be identified as a litter.

(Ord. 17-13, passed 12-19-2017)

All kennel operators shall maintain records of all dogs sold, of any age. Records shall include the source of the animal, the new owner's name and address, and a description of the animal including breed, color, sex, month and year of birth, and veterinary records. These records may be accessed by the Animal Control Officer or his or her designee as deemed necessary.

(Ord. 17-13, passed 12-19-2017)

Because of the need to adequately protect animals within kennels from unhealthy conditions and practices and the interests of society in curbing and preventing inhumane practices, reasonable inspection requirements dictate that Animal Services shall have the right to inspect kennels at reasonable times, though this may be done at unannounced times. As a condition of the issuance of a kennel permit, each operator shall agree to allow such inspections; such acknowledgment shall be made as part of the application and file.

(Ord. 17-13, passed 12-19-2017)

Any act or omission by a kennel operator in contravention of this chapter's requirements, or of any of the conditions or restrictions of the issued permit, shall be grounds for and shall authorize the suspension and/or the revocation of the kennel permit by the Animal Services Manager or designee; independent of any criminal prosecution or the results thereof. Revocation of a kennel permit will entitle the permit holder to request a hearing by a Hearing Officer.

(Ord. 17-13, passed 12-19-2017)

It is unlawful for any person to breed dogs for sale, for any profit whatsoever, or to advertise the sale or availability for adoption of such animals without first obtaining a breeder permit. The fees for a breeder permit shall be set by the Tulare City Council and shall be paid to Animal Services.

To obtain a permit, the applicant must fill out the appropriate license and be approved by Animal Services. The applicant must agree that they may not sell or adopt out any dogs until eight weeks of age and each has been vaccinated against common diseases. The breeder must list the permit number when advertising dogs for sale or adoption, must list the permit number as part of the sale or adoption paperwork, and must disclose the permit number to all potential purchasers or adopters of dogs.

It is unlawful for any person to advertise for the sale or adoption of any dogs without including in the advertisement a breeder permit number.

A breeder permit shall be in addition to any other requirements and conditions set forth in the city ordinances or by state law, including Cal. Health and Safety Code §§ 122045 et seq.

(Ord. 17-13, passed 12-19-2017)

Effective as of January 1, 2016, it shall be unlawful for any vendor to sell animals at swap meets within the City of Tulare as set forth in §§ 122370 through 122374 of the Cal. Health and Safety Code.

It is unlawful for any person to sell or give away any animal from a yard sale.

(Ord. 17-13, passed 12-19-2017)

No person shall permit a dog to stray from private property owned or legally possessed by the dog owner or custodian unless the dog is restrained by a leash or lead not exceeding eight feet in length, except in the following situations:

(A) When the dog is assisting a Peace Officer who is engaged in law enforcement duties or when the dog is participating in a search and rescue effort at the specific request of a law enforcement authority;

(B) When the dog is enrolled in and actually participating in a dog training or obedience course, exhibition, or competition conducted by an organization on private or public property with the permission of the owner or operator of the grounds of facilities. Organizations sponsoring such activities shall notify Animal Services no later than three business days prior to the event;

(C) When the dog is assisting the owner or person in charge of livestock in the herding or control of such livestock; or

(D) When the dog is accompanying and under the direction of a person engaged in hunting on property where such activities are allowed, or on private property with written permission of the owner.

(Ord. 17-13, passed 12-19-2017)

Any owner or custodian of any dog, which is running at large, that causes injury through indirect, or direct action, is guilty of a misdemeanor. Nothing in this section precludes prosecution for any additional or more severe applicable state or federal criminal liability that may apply as a result of injuries, property damage, or death that resulted from the animal running at large.

(Ord. 17-13, passed 12-19-2017)

(A) No person shall keep or maintain within the city, without a permit in writing issued by the Animal Services Manager, any equine or livestock.

(1) Any person requesting to keep or maintain any equine or livestock within the city shall submit a written request for permission to the Animal Services Manger outlining the circumstances for the need to place such animals in the city, location where the animals will be kept and a plan to care for the animals and sanitation. The request for permission must be submitted and granted prior to placement of animal. The Animal Services Manager shall review the request and either grant or deny it.

(B) No person owning or having control of any equine or livestock shall permit the same to run or trespass upon the premises of any other person within the city limits.

(C) Nothing in this section precludes prosecution for any additional or more severe applicable state or federal criminal liability which may apply as a result of injuries, property damage, or death which resulted from the livestock or equine running at large.

(D) In addition to any other penalties imposed, the owner or custodian of the livestock or equine shall be liable for the salaries, costs, and other expenses incurred by the division in restraining, capturing, or rescuing such livestock or equine.

(Ord. 17-13, passed 12-19-2017)

(A) Any animal shall be taken up and impounded at the Animal Shelter (or at such other place as may be approved by the director) if, to the knowledge of Animal Services, any of the following conditions exist, including but not limited to:

(1) The animal is engaged in an activity or existing in a condition prohibited by this chapter;

(2) The animal is, or will be, without proper care due to the injury, illness, death, incarceration, or other involuntary absence of the owner or person responsible for the care of such animal;

(3) The animal poses an immediate threat to public safety and/or health; or

(4) The animal is required to be quarantined.

(B) Notice of impoundment. When an animal implanted with a microchip or wearing a current Tulare City license is impounded, Animal Services shall make a reasonable attempt to notify the owner or custodian of record of the date and place of impoundment or removal, and the procedure whereby the owner or custodian may apply to regain custody of the animal.

(C) Duration.

(1) All impounded animals shall be kept in the Animal Shelter or other authorized place of Impoundment for the period as described in §§ 31108, 31752 and 31753 of the Cal. Food and Agricultural Code.

(2) During this holding period and prior to adoption or euthanasia, the animal will be scanned for a microchip, license tag, tattoo or other form of identification. If one is found and the owner can be determined, a reasonable effort must be made to contact the owner of the animal.

(3) Except for stray animals experiencing irremediable suffering or needing maternal care, any stray animal impounded shall, prior to the scheduled euthanasia of that animal, be released to an animal rescue.

(D) Redemption.

(1) The owner or custodian of any animal impounded may, at any time before the expiration of the period of impoundment, redeem the animal by paying all civil penalties, fees and charges accrued. If the animal is subject to the licensing or license provisions of this chapter, the licensing requirements must be satisfied before the animal is released.

(2) Pursuant to § 31254 of the Cal. Food and Agricultural Code, the refusal or failure of the owner or custodian of any impounded animal to pay the fees and charges after due notification shall be held to be an abandonment of the animal by the owner or custodian.

(3) All animals that have been impounded must be implanted with a microchip at the owner's or custodian's expense prior to redemption.

(4) Refer to § 6.12.400, Spay and Neuter of City Dogs and Cats for redemption of unaltered animals.

(E) Owner surrendered animals.

(1) Upon surrender of the animal to Animal Services, the owner or custodian must present sufficient identification such as driver's license, California identification card, bill of sale for the animal, adoption contract or dog license, to establish his or her ownership of the animal and shall sign a statement that he or she is the lawful owner of the animal. The owner or custodian of the surrendered animal must pay all required fees.

(2) If the animal surrendered has a history of potentially dangerous or vicious behavior, it may be immediately euthanized in accordance with § 31108.5 of the Cal. Food and Agricultural Code.

(3) All animals will be held for the length of time outlined in § 31754 of the Cal. Food and Agricultural Code.

(F) Disposition of impounded and surrendered animals.

(1) Except as otherwise provided in this chapter, an impounded animal which is not redeemed within the applicable holding period specified in this chapter or an animal voluntarily surrendered to Animal Services for adoption, except an animal that has been impounded for quarantine or is known to have bitten a human or to have demonstrated potentially dangerous or vicious propensities, may be offered for adoption as determined by Animal Services and in accordance with the laws of the State of California.

(2) When an animal is adopted, the receipt issued by Animal Services shall be valid proof of ownership to the adopter. All adoptions shall convey a good and valid title to the adopter, and the previous animal owner or custodian shall thereafter be barred from recovering said animal.

(Ord. 17-13, passed 12-19-2017)

(A) (1) Animal Services shall ensure that all animals falling into the following categories shall be isolated or quarantined or destroyed and a rabies specimen taken at Animal Services or at such other place and under such conditions as are prescribed by the Health Officer or authorized according to other applicable California state laws and regulations, including but not limited to:

(a) Known rabid animals;

(b) Suspected rabid animals;

(c) Animals that have bitten or otherwise exposed a human to rabies; and

(d) Animals of a species subject to rabies, which have been bitten by a known rabid or suspected rabid animal or have been in intimate contact with a known rabid or suspected rabid animal.

(2) In circumstances where the bite or exposure to rabies occurred while the victim was on the property of the owner or custodian of the animal or when the victim is a member of the family or household of the owner or custodian, and when the animal is not currently vaccinated against rabies, and, as applicable, licensed as required by the provisions of this chapter, the animal may, at the discretion of Animal Service, be quarantined on the property of the owner providing the following:

(a) The owner of said animal can and does agree to ensure its confinement and isolation for the period of quarantine;

(b) The owner agrees, upon demand of the Health Officer or Animal Services during the period of quarantine, to surrender the animal to Animal Services;

(c) The owner agrees to immediately notify Animal Services if the animal escapes, becomes ill, or dies.

(d) It is unlawful for the owner or custodian of an animal to violate any of the conditions of isolation or quarantine prescribed by the Health Officer or Animal Services. Any violation of this section is a misdemeanor.

(B) Non-vaccinated biting animals fee. Notwithstanding any other provision of this chapter, the owner of any animal which is required by law to be vaccinated for rabies and which has not been so vaccinated and which bites or wounds any person or other animal shall be subject to a penalty fee.

(Ord. 17-13, passed 12-19-2017)

(A) Purpose.

(1) The purpose of this section is to regulate the keeping of animals which are potentially dangerous or vicious or involve a threat to the safety of people and other animals on streets, sidewalks, and private property where the animals are not properly maintained as such animals constitute a serious hazard within the City of Tulare. The increasing tendency to maintain animals which, by virtue of breeding or training, have a propensity to attack others, compounds the hazard.

(2) Every owner or custodian of an animal is held strictly accountable for the exercise of such control over the animal as necessary to ensure that the animal does not injure innocent human beings or other animals that are not on the premises where the animal is maintained. Such strict accountability is imposed whether or not the injury results from the negligence or fault of the owner or custodian, and regardless of the degree of precaution or control exercised by the owner or custodian.

(B) Owner responsible.

(1) Any owner or custodian of any animal is deemed responsible for the acts committed by that animal when the owner or custodian has failed to comply with the legal requirements for the keeping of that animal as defined in this chapter. No person shall permit an animal to act in such a manner as constitutes potentially dangerous or vicious behavior as defined in § 6.12.050 of this chapter.

(2) A violation of any of the provisions of this section is punishable as follows:

(a) On a first offence, any animal owner who maintains an animal in such a manner as to permit it to exhibit potentially dangerous behavior shall be guilty of an infraction.

(b) On the second and subsequent offence, any animal owner who maintains any animal in such a manner as to permit it to exhibit vicious behavior shall be guilty of a misdemeanor.

(3) Nothing in this section shall prevent prosecution for violations of other statutes or codes which may deal with other or more specific offenses, including but not limited to, penal and civil statutes.

(C) Quarantine or impound. No animal which has been declared potentially dangerous or vicious or against which a potentially dangerous or vicious animal report has been filed may be impounded or quarantined at any place other than Animal Services, unless authorized by the Animal Services Manager.

(D) Notice of escape. Any person keeping, harboring, maintaining, or owning a potentially dangerous animal, vicious animal, or wild animal that escapes from its confinement shall immediately notify Animal Services. Notification shall first be by phone and shall be followed with written notification within one business day, via email to Animal Services, which includes the following information, as known:

(1) The date, place, and time of the animal's escape;

(2) A description of the animal, including a photo, and its condition at the time of escape; and

(3) The name, address, and residential and occupational telephone numbers of the owner of the animal.

(E) Filling of a complaint. Any person, including employees of Animal Services, possessing personal knowledge of facts that there exists a potentially dangerous or vicious animal within the incorporated area of the city or those contracted areas served by Animal Services may file with Animal Services a written report, signed under the penalty of perjury, which contains the following facts:

(1) A description of the offending animal including, to the extent known, the color, size, sex, breed and name of the animal, and the name and address of the animal owner or custodian;

(2) An assertion that the animal described is a potentially dangerous or vicious within the meaning of § 6.12.050, together with a statement of the facts upon which the assertion was based, including the name and address of any person who has been victimized or injured, including a description of the extent of the injuries, the names and addresses of the witnesses thereto, the time, date, and location of the incident related to the assertion, and an explanation of how the personal knowledge of the affiant was acquired; and

(3) The name, residential and occupational addresses and telephone numbers of the affiant.

(F) Timely filing. Unless otherwise provided, the filing of a potentially dangerous or vicious animal report must be made within five business days, of the most recent event or circumstances occasioning the report. Upon evidence that good cause exists that a report could not be filed within the five business days, the Animal Services Manager may extend the deadline for filing the report.

(G) Impoundment of animal. Upon receipt by Animal Services of a potentially dangerous or vicious animal report, Animal Services shall initiate an investigation of the incident or incidents described in the report for the purpose of verifying the facts stated and obtaining other information. If, after an investigation, the identified facts show the existence of a potentially dangerous or vicious animal, Animal Services shall immediately locate and impound the animal which is the subject of the charges and the owner or custodian shall have to request a hearing within five business days, from date of impoundment.

(1) All sheltering fees to date, including the hearing request fees, shall be paid in full by the owner or custodian prior to acceptance of the hearing request.

(2) Failure to pay all associated fees after five business days will result in a forfeit of the appeal.

(Ord. 17-13, passed 12-19-2017)

(A) Notice of hearing.

(1) When a hearing is requested by the animal owner or custodian, Animal Services shall set a date and time for the hearing and send a notice thereof by first class mail at least five business days before the scheduled hearing date to the owner or custodian at the address set forth on his or her request for a hearing and shall notify the victim and the Chief of Police of such hearing.

(a) The hearing shall be set no more than ten business days from date of notice of hearing.

(2) Conversely, if, or after an investigation, the identified facts show that cause to conduct a potentially dangerous or vicious animal hearing has not been shown, Animal Services shall notify the animal owner or custodian to reclaim their animal from Animal Services.

(B) Conduct of hearing.

(1) The hearing shall be conducted before a person appointed as a Hearing Officer.

(2) The hearing shall be open to the public.

(3) The owner or custodian may be represented by counsel at their own discretion and cost. If Animal Services plans to be represented by counsel, such fact will be made clear to the owner or custodian upon writing regarding the time and place of the hearing. Animal Services representation by counsel does not in any way entitle the owner or custodian to be represented by counsel.

(4) The burden is on the animal owner or custodian to present evidence that the animal is not potentially dangerous or vicious.

(5) The technical rules of evidence shall not be applicable to the hearing, except that the Hearing Officer's decision may not be based wholly on hearsay evidence.

(6) The Hearing Officer may find, based upon the preponderance of the evidence, that:

(a) The animal is not potentially dangerous or vicious and should be returned to its owner or custodian;

(b) The animal is not potentially dangerous or vicious but that the attack, bite, or injury was the result of improper or negligent training, handling, or maintenance and that the license should be revoked and the animal relinquished to Animal Services;

(c) The animal is potentially dangerous or vicious but may be returned to the owner or custodian with stipulations and/or restrictions; or

(d) The animal is potentially dangerous or vicious and that it should be humanely euthanized no sooner than the fifth business day following the mailing of notice of determination.

(7) The Hearing Officer shall make other orders required or authorized by this chapter.

(8) The Hearing Officer may decide all issues for or against the owner or custodian of the animal even if the owner or custodian fails to appear at the hearing. Failure to appear at the hearing will be deemed a forfeiture of the animal.

(C) Consideration of evidence. In considering whether an animal is potentially dangerous and/or vicious, the Hearing Officer shall consider evidence including, but not limited to, the following:

(1) Any previous history of the animal attacking, biting or causing injury to a human being or other animal.

(2) The nature and extent of injuries inflicted and the number of victims involved.

(3) The location where the bite, attack or injury occurred.

(4) The presence or absence of any provocation for the bite, attack, or injury.

(5) The extent to which property has been damaged or destroyed.

(6) Whether the animal exhibits any characteristics of being trained for fighting or attacking, or other evidence to show such training or fighting.

(7) Whether the animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of persons or other animals.

(8) Whether the animal can be effectively trained or re-trained to change its temperament or behavior,

(9) The manner in which the animal had been maintained by its owner or custodian.

(10) Any other relevant evidence concerning the maintenance of the animal.

(11) Any other relevant evidence regarding the ability of the owner or custodian to protect the public safety in the future if the animal is permitted to remain in the city.

(D) Mitigating circumstances. In considering whether an animal is potentially dangerous and/or vicious, the Hearing Officer may hear and consider evidence of any of the following mitigating circumstances:

(1) That the injury or damage complained of was sustained by a person who was committing a willful trespass or other tort upon the premises occupied by the owner or custodian of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime.

(2) That the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault.

(3) That the injury or damage complained of was sustained by a domestic animal which at the time of the injury or damage was teasing, tormenting, abusing, or assaulting the animal which is the subject of the hearing.

(4) The injury or damage complained of was to a domestic animal and was sustained while the animal in question was working as a hunting animal, herding animal, or predator control animal on the property of, or under the control of, its owner or custodian and the damage or injury complained of was to a species or type of domestic animal appropriate to the work of the animal.

(E) Determinations and orders—Notice—Compliance—Appeal—Finality of appeal.

(1) Within ten calendar days after the hearing is conducted, the Hearing Officer shall notify in writing Animal Services and the owner or custodian of the determination and orders issued, by first class mail or personal service at the address appearing on the request for hearing.

(2) If a determination is made by the Hearing Officer that the animal is potentially dangerous or vicious, and is returning the animal to the owner or custodian, the owner or custodian shall comply with divisions (F) and (G) of this section within 15 calendar days after the date of determination or 20 calendar days if notice of the determination is mailed to the owner or custodian by first class mail.

(3) If a determination is made by the Hearing Officer that the animal is not potentially dangerous or vicious, but that the bite, attack or injury was the result of improper or negligent training, handling or maintenance, the following may apply:

(a) The license may be revoked and reissued with reasonable terms, conditions or restrictions imposed for the training, handling or maintenance of the animal to protect the public health safety and welfare, only if it is determined that the owner or custodian is able and willing to properly train, handle or maintain the animal and a similar incident is not likely to occur in the future with proper training, handling or maintenance; or

(b) The owner or custodian is unable or unwilling to properly train, handle or maintain the animal and that a similar incident is not likely to occur in the future with proper training, handling or maintenance, the animal shall be relinquished to Animal Services.

(4) If Animal Services or the owner or custodian of the animal contests the determination, he or she may, within five business days of the receipt of the notice of determination, appeal the decision of the Hearing Officer to the Chief of Police.

(a) All sheltering fees, including the hearing request fees, shall be paid in full by the owner or custodian prior to acceptance of the appeal hearing request.

(b) Failure to pay all associated fees within five business days will result in a forfeit of the appeal and the original hearing decision shall stand.

(5) The appeal shall be heard by an Appeals Hearing Officer, appointed by the Chief of Police, other than the Hearing Officer who originally heard the petition.

(6) The Chief of Police shall give notice by first class mail to Animal Services, to the appellant or animal owner or custodian if Animal Services is the appellant, and to the victim(s), of the date, time and location of when the appeal will be heard.

(a) The notice of the appeals hearing shall be mailed within five business days with the appeals hearing set no more than ten days business days from date of mailing.

(7) The Hearing Officer hearing the appeal shall conduct a hearing de novo, but upon submission of all relevant evidence, including but not limited to Animal Control reports, transcripts, and other testimony, from the first hearing, and make its own determination as to potential danger and viciousness of the animal and make other orders authorized by this chapter, based upon evidence presented.

(8) The hearing shall be conducted in the same manner set forth in division (B) above.

(9) Judicial review of a decision made after an appeal hearing pursuant to this section shall be made pursuant to § 1094.6 of the Cal. Code of Civil Procedure where and to the extent said section may be applicable.

(a) Failure to pay sheltering fees upon receipt of such fees after ten business days will result in animal abandonment by the animal owner or custodian at which time the animal can be humanely euthanized, transferred to a rescue or other sheltering facility as set forth in Cal. Civil Code § 1834.5 and Cal. Food and Agricultural Code § 31254.

(F) Registration. Any animal which has been declared by the Hearing Officer to be potentially dangerous or vicious within the meaning of § 6.12.050, and is being returned to the owner or custodian, shall be subject to special registration requirements as follows:

(1) An owner or custodian of a potentially dangerous or vicious animal is required to pay, in addition to any licensing or license fee, an annual special registration fee (as applicable) which shall be valid and renewable concurrent with the effective dates of the licensing of the animal. Late registration is subject to a penalty fee equal to two times the annual registration fee.

(G) Keeping of a potentially dangerous or vicious animal. In addition to any other provisions provided in the except as otherwise provided decision rendered by the Hearing Officer, the keeping of an animal which has been declared potentially dangerous or vicious and returned to the animal owner or custodian by the Hearing Officer shall, at the minimum, be subject to the following provisions:

(1) The animal must at all times, when not under restraint by leash on public property, be securely confined in an enclosure under lock within a lawful fence.

(2) The animal must, at all times when kept in any part of a house or structure, be confined in such a manner that the animal cannot exit such building on its own volition.

(3) The animal must, at all times, be licensed and registered as required by this chapter and must be kept in compliance with all the regulatory provisions of this chapter in its entirety.

(4) The animal owner or custodian must notify Animal Services in writing within three calendar days if the location of the animal is to be permanently changed. An administration fee will be charged to modify the issued license.

(5) The owner or custodian must allow Animal Services to inspect the property at such time as reasonable to insure the provisions ordered by the Hearing Officer are being complied with. All costs associated with these provisions or any other or additional provisions ordered by the Hearing Officer shall be borne by the owner or custodian of the animal which has been declared to be potentially dangerous or vicious.

(H) Right to destroy. Nothing in this section shall be construed to prevent Animal Services from destroying an animal which is in the act of dangerous or vicious behavior towards any person or other animal as set forth in § 6.12.050, if such immediate destruction is reasonably necessary to protect public safety.

(Ord. 17-13, passed 12-19-2017)

The City Council finds and declares that a program for the encouragement of spaying/neutering of cats and dogs combined with a certification system for unaltered cats and dogs owned, harbored or kept within the City of Tulare is a reasonable and effective means of reducing the population of homeless or stray cats and dogs, reducing the need to euthanize healthy cats and dogs, and providing for the health, safety and welfare of the public.

(Ord. 17-13, passed 12-19-2017)

(A) It is unlawful for any person within the incorporated area of the city to intentionally provide food, water or other forms of sustenance to a feral cat colony unless the person furnishes the Manager of Animal Services with a signed statement agreeing to the following conditions:

(1) Register with the Manager of Animal Services as caring for feral cats;

(2) Regularly feed the cat colony, including weekends and holidays;

(3) Regularly and frequently trap the cats over the age of eight weeks and have them spayed or neutered at the private individual's own cost;

(4) Arrange to have all trapped cats tested for feline leukemia and feline immune deficiency virus, and to have those who test positive humanely euthanized or isolated indoors;

(5) Identify all trapped cats by tipping their ears, to be done by a veterinarian at the time of sterilization; and

(6) Arrange to have all trapped cats vaccinated for rabies in addition to any other vaccination or immunization requirement imposed by the state.

(B) It is unlawful for any person within the incorporated area of the city to intentionally provide food, water or other forms of sustenance to a group of two or more domesticated cats not belonging to that person, causing the cats to congregate in a particular area or neighborhood.

(C) In lieu of acting under divisions (A) and (B) above, the Manager of Animal Services may authorize the humane seizure of any cat at large by an animal control officer or private citizen for determination of whether it has been spayed or neutered and may authorize the submittal of the cat at large to Tulare Animal Services Facility to be neutered or spayed and vaccinated. After being altered, the cat may then be released in the area where it was found at the discretion of the animal services division operating such spay/neuter and release program as a means to help control the community cat population. Acting under the authority of this section shall be at the discretion of the Manager of Animal Services.

(Ord. 2022-11, passed 8-16-2022; Ord. 17-13, passed 12-19-2017)

(A) No person shall own, harbor or keep within the incorporated area of the City of Tulare, a dog or cat over the age of six months, which has not been spayed or neutered, unless such person holds an unaltered animal certification for the animal issued pursuant to § 6.12.410.

(B) Any person intentionally providing care or sustenance for a dog or cat for a period longer than two weeks shall be deemed the owner of such dog or cat and shall comply with this section.

(C) The following animals are exempt from the provisions of this section:

(1) Dogs documented as having been appropriately trained and actually being used by public law enforcement agencies for law enforcement activities, or dogs designated as breeding stock by an appropriate agency or organization approved by the Manager of Animal Services after consultation with knowledgeable professionals;

(2) Dogs documented as having been appropriately trained and actually being legally used as a service dog such as a guide dog, hearing dog, assistance dog, seizure alert dog or social/therapy dog, or a dog designated as breeding stock by an appropriate agency or organization approved by the Manager of Animal Services, after consultation with knowledgeable professionals;

(3) Dogs documented as having been appropriately trained and actually being used by search and rescue agencies for search and rescue activities, or dogs designated as breeding stock by an appropriate agency or organization approved by the Manager of Animal Services after consultation with knowledgeable professionals;

(4) A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than 30 calendar days, the owner or custodian must apply for an unaltered dog license;

(5) A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the cat is able to be safely spayed or neutered at a later date, which date must be stated in the written confirmation.

(Ord. 17-13, passed 12-19-2017)

(A) The Manager of Animal Services shall administer a certification program to allow for unaltered animals over the age of six months, if and when the Manager of Animal Services determines that all of the following conditions have been met:

(1) The owner has not been convicted of one or more violations of the following within the preceding 24 months:

(a) Sections 6.12.320 and 6.12.360 (biting or attacking animal) of this chapter,

(b) Cal. Food and Agricultural Code § 31102 (killing dog, worrying livestock),

(c) Cal. Civil Code § 3341 (dog threatening, killing, or injuring livestock),

(d) Section 6.12.060 (interference with animal services officer) of this chapter,

(e) Cal. Health and Safety Code § 121705 (concealing bite information),

(f) Cal. Penal Code §§ 487e, 487f, or 487g (theft of animal);

(2) The owner has not been convicted of two or more violations of the following, involving the dog for whom the unaltered animal certification is sought, within the preceding 12 months:

(a) Section 6.12.310 (dogs running at large) of this chapter;

(b) Section 6.12.100 (dog license required) of this chapter;

(c) Cal. Food and Agricultural Code § 30955 (dog running at large on a farm).

(3) Within the preceding 24 months, the owner has not received a Manager of Animal Services order involving the dog or cat for whom the unaltered animal certification is sought, pursuant to:

(a) Cal. Code of Regulations Title 17 § 2606.2 (quarantine a dog or cat for biting a person).

(4) The dog or cat for whom the unaltered animal certification is sought has not been determined by the Manager of Animal Services to be a vicious animal pursuant to § 6.12.360 of this chapter, unless such determination has been expressly overturned through the appeal process;

(5) The animal owner otherwise shall comply with any applicable local or state law concerning the care and housing of animals;

(6) No unaltered animal certification shall be granted to anyone who has ever been convicted of the following offenses:

(a) Cal. Penal Code § 286.5 (sexual assault on animal),

(b) Cal. Penal Code § 596 (poisoning of animal),

(c) Cal. Penal Code § 597 (animal cruelty),

(d) Cal. Penal Code § 597.5 (fighting dogs),

(e) Cal. Penal Code § 599aa (seizure of fighting dogs).

(B) Any owner of an unaltered dog or cat who has been cited for failing to obtain an unaltered animal certification shall have his or her citation dismissed if they are subsequently issued an unaltered animal certification, or if there is proof that the animal has been spayed or neutered within 30 calendar days of the issuance of the citation.

(C) Any owner who wishes to request to apply for an unaltered animal certification may do so voluntarily or after enforcement action. Once a request has been made by any owner, the Manager of Animal Services shall provide a written response within five business days.

(D) All applications for unaltered animal certifications are reviewed and decided by the Manager of Animal Services. The decision made to grant or deny an application is based solely on factual data obtained as it relates to the list of violations listed under this chapter. The decision by the Manager of Animal Services is final. The animal owner can reapply for an unaltered animal certification one year from the date of the previous request.

(Ord. 17-13, passed 12-19-2017)

When an unaltered dog or cat is impounded pursuant to state and/or local law, in addition to satisfying applicable requirements for the release of the animal, the owner or custodian shall also do one of the following:

(A) Provide written proof from a California licensed veterinarian of the dog or cat's prior sterilization, if conditions cannot or do not make this assessment obvious to Department personnel;

(B) Accept dog or cat after micro chipping fees and any other applicable fees.

(1) Owner or custodian has 30 calendar days to have dog or cat sterilized and show proof to Tulare Animal Services at which time the license will be changed to an altered animal license and the difference will be reimbursed (for dogs only) or apply for an unaltered animal certification. An extension past the 30 calendar days shall be granted only if the owner or custodian provides written proof of a later set appointment for spay and neutering.

(2) If the animal is not sterilized within the allotted 30 calendar day period or has applied for an unaltered animal certification, the owner or custodian shall be charged for an unaltered animal license (for dogs only) and an administrative citation shall be issued for having an unaltered dog or cat. However, this citation may be waived if the owner is granted an unaltered animal certification. All billing practices shall be utilized to collect any delinquent fees and penalties associated.

(3) If in fact the dog or cat is incapable of breeding as outlined in § 6.12.400(C)(4) and (5), the owner will only be charged for an altered animal license with a notation that the animal is unaltered.

(Ord. 17-13, passed 12-19-2017)

Except as otherwise provided, any person violating or causing or permitting the violation of this chapter shall be deemed guilty of an infraction, and shall be punished by a fine in accordance with § 1.61.040.

(Ord. 17-13, passed 12-19-2017)

The provisions of this chapter are severable. If any section, paragraph, sentence, phrase or word of this chapter is declared invalid for any reason by a court of competent jurisdiction, such invalidity thereof shall not affect the validity of any other portion of this chapter, which shall remain in full force and effect.

(Ord. 17-13, passed 12-19-2017)