Victorville Municipal Code Ch. 7.04 Animal and Rabies Control

Footnotes:

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Editor's note— Prior ordinance history: Ords. 32, 54, 126, 242, 307, 373, 413, 442, and 447; prior code §§ 5121 and 5121.1 through 5121.19.

The regulations in this chapter are enacted to protect the general health, safety and welfare of all persons within the city and are in addition to the rabies control laws contained in the California State Health and Safety Code.

(Ord. 639 § 1 (part), 1979)

Definitions for the purpose of this chapter are the following terms, phrases, words and their derivatives and shall have the meaning given in this section:

(1) "Abandoned dog" is any dog left without food and water for a period of over twenty-four hours, or any barking dog without supervision for over twenty-four hours.

(2) "Adequate leash" or "leash" is a humane device constructed of rope, leather strap, chain or other sturdy material not exceeding eight feet in length, being held in the hand of a person capable of controlling the animal to which it is attached.

(3) "Animal" is any live vertebrate creature, domestic or wild.

(4) "Animal control officer" is the officer and/or deputies appointed by the city manager to enforce the provisions of this chapter.

(5) "At large" is a dog or other animal covered under the provisions of this chapter off the premises of the owner and not under complete control by adequate leash. Exempt from this definition are dogs in obedience or field training exercises under the direct supervision of a trained and licensed dog trainer in areas designed, approved and posted by the city.

(6) "Barking dog" is a dog which persistently barks or howls and thereby unreasonably deprives a person of peace and quiet.

(7) "Cat" means a feline of either sex, altered or unaltered, that has reached the age of four months.

(8) "Commercial dog kennel" is a place of business for the care of dogs, including, but not limited to, the boarding, grooming, breeding, training or selling of dogs. The term is not intended to include an animal hospital or a noncommercial kennel.

(9) "Dangerous or vicious animal" is any animal which has the propensity to bite or attack any person or other animal without provocation and the capacity to inflict serious harm on that person or animal. It shall be presumed that any animal which has injured a human being or other animal on two occasions without provocation is a dangerous or vicious animal.

(10) "Dog" means a canine of either sex, altered or unaltered, that has reached the age of four months.

(11) "Dog owner" is any person, firm, association or corporation who is the licensed owner of a dog, or who has a right of property in a dog, or who harbors a dog or who has it in his care, possession, custody or control, or who knowingly permits a dog to remain on any premises occupied by him. "Owner" does not include veterinarians or commercial kennel operators temporarily maintaining on their premises for a period of not more than thirty days dogs owned by other persons.

Any person, except a veterinarian or commercial kennel operator, who resides where a dog is kept, harbored or cared for shall be presumed to be the owner of that dog. This presumption may be rebutted by proof that such person has no property right in the dog, is not the licensed owner, and is neither harboring nor caring for the dog.

(12) "Livestock" is cattle, sheep, horses, goats, swine, fowl, poultry, and any fur-bearing animal bred and maintained commercially or otherwise within pens, cages and hutches.

(13) "Neutered or spayed" is the removal of the ovaries and uterus, ovarian hysterectomy, in female dogs; the removal of the male gonads in male dogs.

(14) "Pet" means any animal that is kept or cared for, which is for companionship, protection or adornment of a home. Pets shall include, but not be limited to, dogs, cats, ornamental or songbirds, fish or small animals kept in a cage such as hamsters, white mice, reptiles, etc. Pets shall not include poultry or animals kept for profit or sale or consumption as food, or animals not permitted by the laws of the United States or the state of California. Fish owned or maintained for personal use and enjoyment are exempt from operations of this enactment.

(15) "Pet shop" is any person, partnership or corporation, whether operated separately or in connection with another business enterprise except for a licensed kennel, that buys, sells, or boards any species of animals.

(16) "Veterinary hospital" is any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

(17) "Watchdog" is a vicious dog confined at a business or commercial establishment to protect merchandise, inventory or equipment.

(18) "Wild animal" is any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other animal, reptile, or fowl, which can normally be found in the wild state.

(Ord. 2049 (part), 2004; Ord. 1740 § 1, 1995; Ord. 639 § 1 (part), 1979)

All peace officers and animal control officers for the city are authorized and empowered to enforce this chapter and the State Code as pertains to rabies control.

(Ord. 639 § 1 (part), 1979)

The keeping of household pets in the city shall be permitted as follows:

(1) The following pets shall be permitted on residential lots:

(A) Not more than three weaned dogs, excepting those less than four months old and with the exceptions provided in Section 7.04.065;

(B) Not more than three weaned cats, excepting those less than four months old;

(C) Not more than two nonvenomous reptiles including snakes and lizards;

(D) Not more than two turtles;

(E) Not more than six caged birds consisting of pigeons, doves, canaries, cockatiels, finches, parakeets and other kindred birds;

(F) Not more than two tropical birds such as parrots, macaws, mynah, toucans and kindred birds; or

(G) Not more than two rodents including mice, rats, gerbils, hamsters, guinea pigs, rabbits, etc., total.

(2) Any animal not listed in this section is prohibited on lots of half-acre gross or less. Multifamily dwelling units, regardless of lot size, shall be considered as half-acre gross or less for purposes of this section. However, any animal not specifically classified within this section may be permitted upon a determination of the animal control officer or designee that the particular animal is similar to any animal listed in subsection (1) and will not present any negative impacts on the health, safety or general welfare of the community.

(3) The following pets shall be allowed on lots larger than half-acre gross with approval of a pet permit:

(A) Up to two monkeys;

(B) Up to two horses if otherwise permitted in the zoning regulation;

(C) One cow if otherwise permitted in the zoning regulation;

(D) One sheep if otherwise permitted in zoning regulation;

(E) Up to three poultry;

(F) Up to three geese;

(G) Up to two pot-bellied pigs;

(H) Up to two llamas or two alpacas;

(I) One goat.

(4) Any animal not listed in subsections (1) through (4) is prohibited on lots larger than half-acre gross. However, any animal not specifically classified within this section may be permitted upon a determination of the animal control officer or designee that the particular animal is similar to any animal listed in subsection (3) of this section and will not present any negative impacts on the health, safety or general welfare of the community.

Pets other than those identified in subsections (1) through (4) of this section may be allowed on property occupied by a single-family residence with a minimum parcel size of larger than half-acre gross if application is made to the planning department and a pet permit is approved by the director of planning. The application shall include:

(A) Signed forms as provided in the application by all property owners within three hundred feet acknowledging approval of the pet(s) to be kept; and

(B) An application fee of twenty-five dollars to cover expenses related to the processing of the pet permit application.

The pet permit shall apply only to the applicant address for which it is applied, and shall not be transferable. The director of planning, or designee, as part of the review and approval of the permit may by condition limit its approval to the following:

(i) Number of pets;

(ii) Location, housing and containment of pet(s);

(iii) Screening of pet(s);

(iv) Length of time the pet(s) may be kept;

(v) Any other condition the director of planning or designee deems appropriate to ensure the safe keeping of the pet(s) and eliminate any public health and safety issues.

(C) Noncompliance with regard to any of the conditions of approval of the pet permit shall constitute grounds for revocation of the pet permit. The revocation of a permit shall not take place until the planning commission has conducted a hearing on the matter where the permittee has been noticed of said hearing.

(D) The decision of the director of planning shall be effective ten days after the decision. Any aggrieved citizen should be able to appeal the decision of the director of planning pursuant to Chapter 18.80 of this code.

(E) The revocation of a permit shall constitute an order of abatement pursuant to subsection (7) of this section and shall be subject to all remedies contained therein.

(5) In no event shall there be kept or maintained in any household more than twelve pets.

(6) Avoidance of Public Nuisance. No pet or group of pets, regardless of the number permitted, shall be kept or maintained in any manner so as to constitute a nuisance, hazard or other detriment to the public health, safety or general welfare of the community or neighborhood wherein the pet or pets are kept or maintained, including, but not limited to any condition resulting in breeding flies, mosquitoes, gnats or rodents, or other pests, the failure to remove animal waste; offensive odors, or allowing excessive disturbing or offensive noise, such as barking, whining, growling or bleating. Any nuisance may be abated as provided in Sections 13.02.200 through 13.02.250 of this code.

(7) Penalty. The person having custody, care, charge or control of any such pet(s) who maintains any public nuisance as defined in this section, or who violates an order of abatement made pursuant to Section 13.02.200 et seq. or is in violation of any other provision of this section is guilty of an infraction or a misdemeanor, punishable as is set forth in Section 1.04.010.

(8) Severability. If any term, condition or provision of this section is declared illegal or invalid by a court of competent jurisdiction, the remaining terms, conditions or provisions shall, nevertheless, remain in full force and effect.

(Ord. 1855 § 1 (part), 1997; Ord. 1784 § 1, 1996: Ord. 1740 §§ 2—6, 1995: Ord. 1310 § 1, 1989)

Any person within the city who owns, has an interest in, harbors and feeds or has care, charge, custody or possession of a dog shall hereafter be referred to as the "owner" or "custodian" of the dog. Any such owner or custodian shall be subject to the provisions of this code and of the rabies control sections of the California State Health and Safety Code.

(Ord. 639 § 1 (part), 1979)

(1) Requirements. An annual license fee shall be paid for every dog over the age of four months owned or harbored in this city. Said annual license fee shall be first due when the animal reaches four months or within thirty days after the dog is acquired, and due on the date of the rabies vaccination thereafter. New residents shall have sixty days in which to acquire such license. Persons renewing their license shall have thirty days following their due date before being delinquent and having to pay a late penalty. The fee for such license shall be as set forth in Section 7.04.060. The fee paid for the licensing of spayed or neutered dogs shall be one-half or less than said license fee for unaltered dogs upon presentation of the proper certification. The license fee paid by persons over the age of sixty shall be at a discount with an altered animal. For purposes of this section, any surcharge on the license fee imposed under Section 7.04.060 shall not be considered part of the license fee. Any person who shall fail to pay such license fee after said fee is due, or said dog is required to be licensed, shall in addition to paying any past due license fee or fees, also pay a penalty in accordance with Section 7.04.060. A license shall be obtained, but no license fee shall be payable for the licensing of any dog being raised, trained or used to assist handicapped persons including but not limited to any dog which is being trained for guide or hearing purposes by a resident of the city and which has come from a guide or hearing dog training facility, or for dogs which have served as a member of the armed forces of the United States of America, or any dog used by a local law enforcement agency for the purposes of crime prevention or control. Dog licenses are not transferable between owners. The fee paid for a dog license is not refundable.

(2) Exemptions. The licensing provisions in this section are not applicable to the following:

(A) Dogs used for diagnostic purposes or research, the use having been approved by the California State Department of Health Services pursuant to Section 1666 of the Health and Safety Code;

(B) Dogs used for teaching purposes in recognized educational institutions;

(C) Dogs owned by veterinarians which are licensed by the state and kept on the premises used by said veterinarians in their practice;

(D) Dogs kept for circuses, for animal exhibits, or for other enterprises for which a business license has been granted by a local government.

(3) Tags. The animal control division shall procure plates or tags which bear the number of the license. This tag shall be good (if fees are current) for the life of the animal. A record shall be kept with the name of the owner or possessor together with a description of the dog for which the license is issued and the number of the license, and a tag shall be provided to such person upon payment for such license as provided by this chapter.

(4) Duplicate Tags. Whenever a tag has been lost or stolen, the owner or possessor of the dog concerned may request a duplicate tag upon payment of the required fee and on making and subscribing to an affidavit of such loss and filing the same with the animal control division.

(5) Alternative Identification/Implants. Dogs with microchip implants or other permanent identification acceptable to the animal control division shall not be required to wear a tag or collar. All other licensing requirements of this part shall apply to such dog.

(6) Records. The owner or operator of any kennel, animal breeding facility, or any place or establishment where animals are sold shall keep a permanent record of the name, address, and phone number of the purchaser of any dog along with the breed, color, sex and age of each dog sold or given away and shall forward such information to the animal control division within thirty days thereafter. Any animal control officer shall have the right to inspect such records during normal business hours, with twenty-four hours' prior notice to the owner or operator.

(7) Cat Licenses. All cats which are over the age of four months and are current in their rabies vaccination are eligible for a voluntary cat license. This license shall run concurrent with the cat's rabies vaccination. The fee for such license shall be as set forth in Section 7.04.060.

(8) Veterinarian Responsibilities. Every veterinarian who vaccinates or causes or directs to be vaccinated in the city any dog with anti-rabies vaccine shall certify that such animal has been vaccinated. An animal control officer shall have the right to inspect records of rabies vaccinations during normal business hours.

(9) Waiver of License Fee For First Year. For animals adopted through an animal shelter or veterinarian's office, or purchased or adopted at a commercial establishment, a license is required, however, the license fee is waived for the first year after adopting or purchasing the animal. The first-year fee waiver applies to pets that are spayed or neutered, microchipped, and have a current rabies shot at time of purchase or adoption. After the first year, the license fee shall be as stipulated in Section 7.04.060.

(Ord. 2049 (part), 2004; Ord. 1855 § 1 (part), 1997; Ord. 1784 § 2, 1996: Ord. 639 § 1 (part), 1979)

(Ord. No. 2440, § 2, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 2, 6-6-23, eff. 6-7-23; Ord. No. 2243, § 1, 8-4-09)

(a) To encourage pet owners in the city to microchip and procure licenses for their dogs and/or cats and to reduce the number of unvaccinated and lost animals requiring sheltering in city facilities, the city has temporarily adopted the following provisions:

(1) Fees associated with the first-time licensing of dogs or cats, including the cost of microchipping, and license issuance, but excluding the city's cost of rabies vaccination, are temporarily waived, provided animal owner agree to have their animals microchipped.

(2) If an owner applies for first-time licensing of a dog that is already over four months of age, late penalties shall be waived provided the license application is submitted before December 31, 2023, and the owner agrees to have the dog microchipped.

(3) The fee and late penalty waivers in Sections 7.04.055(a)(1) and (2) shall not apply to any dog or cat license renewals and shall automatically become inoperative as of December 31, 2023, unless the city council takes action by ordinance or resolution to extend the fee and late penalty waivers beyond the end of 2023.

(b) To encourage the licensing of dogs and cats, provide economic relief to owners of licensed animals that stray and become impounded, and reduce the amount of time licensed animals spend in city sheltering facilities, the city has temporarily adopted the following provisions:

(1) Impound-related fees which owners are required to pay before reclaiming their dogs or cats pursuant to Section 7.04.160 of this chapter, shall be waived through December 31, 2023, but only with respect to the first two impoundments of any licensed dog or cat.

(2) Subject to obtaining an animal license prior to release of the animal to the animal owner and excluding the city' s cost for rabies vaccination, impound-related fees which owners are required to pay before reclaiming their dogs or cats pursuant to Section 7.04.160 of this chapter, shall be waived through December 31, 2023, but only with respect to the first impoundment of any unlicensed, altered dog or cat.

(3) The fee waivers in Sections 7.04.055(b)(1) and (b)(2) shall not apply to the impoundment of any unlicensed, unaltered dogs or cats, nor to the State-mandated fines charged for impoundments of unaltered dogs and cats pursuant to California Food and Agriculture Code Sections 30804.7 and 31751.7. The fee waivers in Section 7.04.055(b)(1) shall automatically become inoperative as of December 31, 2023, unless the city council takes action by ordinance or resolution to extend them beyond the end of 2023.

(Ord. No. 2440, § 3, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 3, 6-6-23, eff. 6-7-23)

All fees and charges referred to in this chapter shall be adopted and revised from time to time by city council resolution and set forth in the city's most recent master fee schedule.

(Ord. 2049 (part), 2004; Ord. 1855 § 1 (part), 1997; Ord. 1784 § 3 (part), 1996: Ord. 1157 § 1, 1987; Ord. 639 § 1 (part), 1979)

(Ord. No. 2440, § 4, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 4, 6-6-23, eff. 6-7-23; Ord. No. 2243, §§ 2, 3, 8-4-09)

(1) No person may keep or permit to be kept any dog without first having obtained a license pursuant to this chapter.

(2) No person shall keep, harbor or maintain upon his premises within the city more than three dogs or cats unless said person shall comply with the commercial kennel requirements of Section 7.04.100 or unless said person comes within one of the following conditions:

(A) Any person who keeps or permits to be kept at his premises a dog for a temporary period as defined in subdivision (B) of this subsection shall obtain a dog license as is required by Section 7.04.050;

(B) Any person who keeps or maintains for a temporary period any dog must obtain from the Victorville City Manager, or his/her designee (hereinafter collectively the "city manager"), a written authorization, in such form as is created by the city to temporarily keep or maintain said dog. "Temporary" means a period not to exceed thirty days. The city manager may grant additional extensions to permit the temporary keeping or maintaining of dogs at his or her sole discretion. The decision of the city manager is final and is nonappealable. Under no circumstances may a dog be temporarily kept or maintained at a person's premises for a period in excess of ninety days, consecutive or nonconsecutive.

(Ord. 1784 § 4, 1996: Ord. 1254 § 1, 1988: Ord. 1161 § 1, 1987)

(Ord. No. 2440, § 5, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 5, 6-6-23, eff. 6-7-23)

It is unlawful for any person within the city to own or harbor any dog without securing and having a license therefor as specified in this chapter and without maintaining the tag on the animal for which same is issued pursuant to the provisions of this chapter. It is unlawful for any person to place upon or attach to any dog a false, counterfeit, altered or unauthorized tag for the purpose of evading the provisions of this chapter.

(Ord. 639 § 1 (part), 1979)

(a) For the purpose of this chapter, a "commercial kennel" is defined as a place where five or more dogs are kept for the purpose of boarding, breeding, training or marketing. Excluded from such definition shall be licensed and practicing veterinarians who are boarding or caring for dogs who are individually licensed by their owners.

(b) For the purpose of this chapter, "other animal establishments" are defined as rodeos, animal exhibits, stables, petting zoos, pet shops and grooming parlors.

(c) Every person, firm or corporation engaged in the business of operating a commercial kennel as defined in this section shall pay an annual inspection fee as set forth in Section 7.04.060. This fee will be in addition to the fee for obtaining a business license.

(d) All dogs owned by a commercial kennel shall be subject to the provisions of this chapter upon attaining the age of four months.

(e) The sale of each dog by a commercial kennel before it has attained the age of four months shall be reported by each commercial kennel operator on a form to be furnished by the animal control division, which form shall include information as to the name and address of the person to whom the dog is sold, a description of the dog, age of the dog and other such pertinent data as the animal control division may require. The animal control division shall have the power, upon the giving of ten days' notice by United States mail to any licensee under this section, and an opportunity to be heard, to revoke any license granted to a commercial kennel operator for violation of this chapter. A commercial kennel operator may appeal such revocation of a license to the city council, in which case the revocation shall not become effective until such time as the city council has heard and considered the appeal and acted to confirm, modify or set aside the action of the animal control officer. Boarding dogs in kennels shall be vaccinated and licensed in the name of the owner. Failure to comply with these requirements is considered a violation of this chapter by the dog owner.

(Ord. 2049 (part), 2004; Ord. 1855 § 1 (part), 1997; Ord. 639 § 1 (part), 1979)

(Ord. No. 2440, § 6, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 6, 6-6-23, eff. 6-7-23)

No person who is the owner or keeper of a horse shall park it or tether it on a public way or allow it on a public way or in a park.

(Ord. 639 § 1 (part), 1979)

(1) No baby chick, duckling, gosling or rabbit that has been dyed or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a prize, premium or advertising device or displayed in a store, shop, carnival or other public place.

(2) Baby chicks, ducklings and goslings younger than four weeks of age may not be sold or offered for sale, raffled or offered or given as a prize, premium or advertising device in quantities of less than twelve birds to an individual person.

(3) Stores, shops, vendors and others offering baby chicks, ducklings or goslings for sale, raffle or as a prize, premium or advertising device or displaying chicks, ducklings or goslings to the public shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings or goslings in good health and shall keep adequate food and water available to the birds at all times.

(4) It shall be unlawful to import, sell or offer for sale or distribution to the public any live turtle(s) (aka slider) with a carapace length of less than four inches (CCR.2612.1(a)).

(Ord. 2049 (part), 2004; Ord. 639 § 1 (part), 1979)

If adequate animal sheltering facilities are available in the city, the animal control officer shall pick up a dog or cat on request of the owner. The owner shall be required to sign a written release of the animal before the animal is taken. Any owner wishing to release an animal to the city shall confine the animal for the convenience of the animal control officer. The fees will be as set forth in Section 7.04.060 of this chapter. (Ord. 2049 (part), 2004: Ord. 1855 § 1 (part), 1997: Ord. 1784 § 7, 1996: Ord. 639 § 1 (part), 1979)

(Ord. No. 2440, § 7, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 7, 6-6-23, eff. 6-7-23; Ord. No. 2243, § 5, 8-4-09)

It is a violation of this chapter for any owner or custodian of any animal to deposit or abandon said animal in any building, lot, enclosure, lane, square or street, school ground, playground or any other public place or private premises in the city. When any animal is found to be abandoned, the animal may be impounded under provisions of this section. The owner of the animal may be charged fees as set forth in Section 7.04.060 of this chapter for care and housing.

(Ord. 2049 (part), 2004: Ord. 639 § 1 (part) 1979)

(Ord. No. 2440, § 8, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 8, 6-6-23, eff. 6-7-23)

It is a violation of this chapter for any owner or custodian of any dog or other animal to permit such dog or other animal to roam at large or loose and not physically restrained on any public street, sidewalk, lane, alley, court or other public place or any private property or premises other than those of the person owning or having custody of said animal. Animals found running loose or at large and unrestrained as set forth in the preceding sentence, shall be subject to impoundment and such owner, custodian, or other person responsible for said animal shall be subject to the penalties set forth in Section 7.04.280. Any dog that on two separate occasions within a six-month period is observed by an animal control officer unrestrained off its property, may be impounded and the owner charged impound and other fees pursuant to Section 7.04.160 of this chapter for care and housing until a disposition is made on the animal's behalf.

(Ord. 2049 (part), 2004: Ord. 639 § 1 (part), 1979)

(Ord. No. 2440, § 9, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 9, 6-6-23, eff. 6-7-23)

(a) Redemption of an impounded animal shall be made by exhibiting satisfactory proof of ownership and by paying the following required fees and charges, the amounts of which are as set forth in Section 7.04.060 of this chapter:

(1) Impound fee;

(2) Medical care fee, if required;

(3) License, microchipping, and rabies vaccination fees, unless proof can be shown that the animal has been vaccinated, microchipped, and when required, licensed;

(4) Apprehension fee.

(b) Any dog impounded and not wearing a valid dog license will be held in accordance with state law. Any dog impounded and wearing a valid license or other permanent identification as described in subsection (5) of Section 7.04.050 will be held for a period of one hundred twenty hours after the registered owner of the dog has been notified that such dog has been impounded and then disposed of if not claimed by the owner and the fees paid. If the identified dog is unclaimed, the owner may be billed for cost recovery by the city. The registered owner shall be considered to have been notified when phone contact is made or an employee from animal care and control has posted a notice on their property.

(c) In the event any dog over four months of age who has been impounded has not been vaccinated, licensed, or microchipped, the owner will pay, in addition to impound and apprehension fees, fees for vaccination, microchipping, and the required license fee before the dog can be reclaimed. The provisions of California Food and Agriculture Code Section 31108.3 shall apply to the microchipping of dogs being reclaimed, as well to dogs that may be sold or adopted out by the city shelter.

(d) Stray cats which are impounded will be held in accordance with State law. In the event any cat over four months of age who has been impounded has not been vaccinated, or microchipped, the owner will pay, in addition to impound and apprehension fees, fees for vaccination and microchipping before the cat can be reclaimed. The provisions of California Food and Agriculture Code Section 31752.1 shall apply to the microchipping of cats being reclaimed, as well as to cats that may be sold or adopted out by the city shelter.

(e) Animals delivered to the animal shelter or other city authorized impound may be sold, transferred to an animal rescue, or put up for adoption based upon all the following conditions having been met:

(1) A period of more than seventy-two hours has elapsed (not including the day of impoundment) and the animal has not been claimed;

(2) If the animal is a dog or a cat, compliance with Sections 30503 and 31751.3 of the California Food and Agriculture Code relating to spaying and neutering, or any successor provisions, have been complied with;

(3) Permission of the animal control officer has been given;

(4) The purchaser of the animal shall be required to pay all license, vaccination, microchipping, and other fees required by this chapter.

(Ord. 2049 (part), 2004; Ord. 1855 § 1 (part), 1997; Ord. 1157 § 2, 1987; Ord. 639 § 1 (part), 1979)

(Ord. No. 2440, § 10, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 10, 6-6-23, eff. 6-7-23)

It shall be unlawful for any person to sell, trade, offer for sale or trade, barter or give away any animal on public property, or on private property other than the transferor's, unless the transferor has the prior written consent of the owner of said public or private property, or the owner's authorized agent, and unless such consent is in the possession of the transferor at all times while on such property. Failure of a transferor to have such permission in his possession while on public property, or on private property other than the transferor's, is a violation of this chapter. This section shall not apply to any licensed commercial animal facility as long as any transfer is conducted within the licensed place of business. This section shall also not apply to an adoption program conducted or permitted by the city.

(Ord. 2087 § 3, 2005)

It is unlawful for any person in the city to own, have an interest in, harbor and feed, or have the care, charge, custody or possession of a dog over the age of four months, whether such dog is confined or not, unless such dog has been vaccinated with canine, chick or duck embryo modified live virus rabies vaccine by any duly qualified licensed veterinarian and is officially tagged as provided for in this chapter. Such vaccination shall be valid for a period not to exceed three years.

(1) Primary Immunization. All dogs having attained the age of four months, but no older than twelve months, shall be required to have an initial inoculation with an approved canine rabies vaccine.

(2) Revaccination Intervals.

(A) The interval for revaccination of dogs given primary immunization between the ages of four to twelve months will be twelve months.

(B) The interval for revaccination of dogs given rabies vaccine at ages over one year will be at least once every three years.

(Ord. 1855 § 1 (part), 1997; Ord. 1784 § 8, 1996: Ord. 1064 § 1, 1986; Ord. 639 § 1 (part), 1979)

Whenever the owner or person having the custody or possession of any animal subject to rabies observes or learns that such animal shows symptoms of rabies or acts in a manner which would lead to a reasonable suspicion that it may have rabies, such owner or person having the custody or possession of the animal shall immediately confine it and notify the animal control division and keep the animal confined until it shall be established to the satisfaction of the official that the animal has or has not rabies.

(Ord. 1855 § 1 (part), 1997: Ord. 639 § 1 (part), 1979)

Any animal which bites or has otherwise performed an act which, if such animal has rabies, would expose a person to the danger of infection by such disease shall be isolated in strict confinement at the owner's expense in a place and manner approved by the animal control officer and observed for at least ten days in the case of a dog or cat or fourteen days for all other animals, after the date of infliction of the bite or other said act, with the exception that the following alternative is permitted in the case of dogs. Dogs which have been isolated in strict confinement under proper care and under observation of a licensed veterinarian in a pound, veterinarian hospital or other adequate facility in a manner approved by the animal control officer may be released from isolation by the animal control officer after five days of veterinary observation if, upon conducting a thorough physical examination on the fifth day or more after infliction of the bite, the observing veterinarian certifies that there are no clinical signs or symptoms of any disease.

Dogs quarantined must not be removed from the premises without permission of the animal control officer.

(Ord. 639 § 1 (part), 1979)

Any rabid animal or animal which is clinically suspected of being rabid shall be isolated in strict confinement under proper care and under the observation of a licensed veterinarian in a pound, veterinary hospital or other adequate facility in a manner approved by the animal control officer and shall not be killed or released for at least ten days in the case of a dog or cat or fourteen days for any other animal after the onset of symptoms suggestive of rabies. If such animal creates a menace to the public health and safety, the animal control officer or his representative may kill or destroy the animal forthwith, except in a case where the animal has bitten a person or persons, in which case if the animal dies or is destroyed before the termination of the observation period specified above, the head will be submitted to the San Bernardino County health laboratory for rabies examination.

(Ord. 639 § 1 (part), 1979)

Whenever any animal is bitten by another animal known to have rabies, the owner or person having the custody or possession of the animal so bitten shall, upon being informed thereof, either kill such animal or confine it or keep it tied up for a period of six months, with the exception that the following alternatives are permitted in the case of dogs and cats:

(1) If the dog or cat has not been vaccinated against rabies within a period of two years with chick embryo rabies vaccine, the dog or cat may be administered antirabies hyperimmune serum and rabies vaccine in a manner prescribed by the department and quarantined in a place approved by the animal control officer for a period of ninety days.

(2) If the dog or cat has been vaccinated against rabies within two years but not less than thirty days with chick embryo rabies vaccine or within one year but not less than thirty days with nerve-tissue rabies vaccine, the dog or cat may be revaccinated in a manner prescribed by the department and quarantined in a place and manner approved by the animal control officer for a period of thirty days.

The animal control officer may, at his discretion, kill or quarantine the animal so bitten in case the owner or person having custody or possession thereof fails to do so immediately or in case the owner or person having custody or possession thereof is not readily accessible.

(Ord. 639 § 1 (part), 1979)

If it is determined by the animal control division, after giving the order of quarantine mentioned in Section 7.04.190, that the animal is a vicious animal, although not afflicted with rabies, the animal control division shall thereupon order the person who owns or has custody of the animal that at all times thereafter or until further order of the animal control division the animal must be kept securely fastened by chain or securely confined within the private property of such owner or person having custody of the animal or kept in such a manner as the animal control officer directs to prevent it from biting or having the opportunity of biting any person or other animal. In determining whether or not the animal is vicious, the animal control officer shall be guided by the following:

(1) Whether or not the animal has bitten a person or persons other than on the occasion which gave rise to the operation of Section 7.04.190;

(2) The circumstances surrounding the occasion indicating the temper or ferocity of the animal;

(3) The reputation of the animal in the community in regard to its temper and ferocity;

(4) Its general menace to the public.

(Ord. 2216 § 1 (part), 2007; Ord. 1855 § 1 (part), 1997; Ord. 639 § 1 (part), 1979)

(1) No dog owner shall permit his dog to chase, kill, wound, or injure livestock not belonging to the dog owner while off the premises owned or under the control of the dog owner.

(2) If any dog not under the control of any person is found chasing livestock not the property of its owner, it shall be deemed prima facie as engaged in killing, wounding or injuring livestock.

(3) No person shall own any dog with knowledge that it has killed or wounded livestock.

(4) A dog found to have chased, killed, wounded or injured livestock in violation of this section shall be impounded and disposed of in accordance with Section 7.04.240 of this code.

(Ord. 639 § 1 (part), 1979)

A vicious animal running at large which because of its disposition or diseased condition is too hazardous to apprehend may be destroyed by a peace officer, animal control officer, or by a person acting in defense of himself, his family, or another person. In determining whether or not said animal is vicious, the animal control officer shall be guided by the provisions of Section 7.04.220.

(Ord. 639 § 1 (part), 1979)

The animal control officer may post or cause to be posted an appropriate sign on any premises where a dog has been quarantined pursuant to this chapter to warn the public of the fact. It is unlawful for any person to remove a sign posted pursuant to this section without permission of the animal control officer.

(Ord. 639 § 1 (part), 1979)

It shall be unlawful for a dog owner to allow the dog to deposit solid waste matter on any improved property other than that of the dog owner. It shall be a defense to this section if the dog owner immediately removes the solid waste. Any solid waste matter deposited on the dog owner's property must be removed within twenty-four hours.

(Ord. 639 § 1 (part), 1979)

The chief of police and his deputies and the animal control officer and also any person employed or designated for that purpose by the city manager are authorized and empowered to capture any dog not vaccinated or not licensed as provided by this chapter or not wearing the official vaccination tag as required by this chapter, or which is found going free or running at large in or upon any place within the city; and such officer or person shall be authorized and empowered to destroy or place for adoption such dog unless claimed by some person within seventy-two hours after such dog has been so captured.

(Ord. 1157 § 3, 1987: Ord. 639 § 1 (part), 1979)

(a) Any person violating any of the provisions of or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor or an infraction in accordance with the provisions of Chapter 1.04 of this code and subject to the penalties and other provisions set forth therein.

(b) Any person violating any of the provisions of or failing to comply with any of the requirements of this chapter may also be issued an administrative citation in accordance with the provisions of Chapter 1.05 of this code and subject to the penalties and other provisions set forth therein.

(c) Each and every day such violation or failure to comply continues shall be regarded as a new and separate offense.

(d) In addition to the arrest or citation of the owner or custodian, the animal committing the violation or which is found to be in violation of this chapter may be impounded. Any animal so impounded may be redeemed as provided for in Section 7.04.160.

(Ord. 1908 § B (part), 1999: Ord. 1780 § 1, 1996: Ord. 801 § 5, 1982: Ord. 639 § 1 (part), 1979)

(Ord. No. 2440, § 11, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 11, 6-6-23, eff. 6-7-23)

Editor's note— Ord. No. 2440, § 12, adopted June 20, 2023, repealed § 7.04.290, which pertained to infraction violations and derived from Ord. 1855 § 1 (part), 1997.

Live animal traps are available for use by the public. These traps will be provided at no cost with a fifty-dollar deposit. Deposits will be refunded if the trap is returned in workable condition.

(Ord. 2049 (part), 2004: Ord. 1899 § A, 1999: Ord. 1855 § 1 (part), 1997)

(Ord. No. 2440, § 13, 6-20-23, eff. 7-20-23; Ord. No. 2439, § 13, 6-6-23, eff. 6-7-23)

No person shall stake out, herd or graze any animal upon any unenclosed lot or land in any manner so that said animal may be or go beyond the boundary of such lot or land.

(Ord. 2049 (part), 2004)

Whenever animals are kept within any building or on any premises without food, water or proper care and attention, it shall be the duty of any animal control officer to enter the building or premises to take possession of and remove the animals so abandoned or neglected. The animal control officer shall post the property with a post seizure hearing notice. (Penal Code 597.1)

(Ord. 2049 (part), 2004)

No person shall transport or carry an animal on the outside portion of any motor vehicle designed for passengers or the bed portion of a truck without having the animal securely tethered preventing the animal from falling off, being thrown or exiting from the vehicle.

(Ord. 2049 (part), 2004)

No person shall hinder, resist or oppose an animal control officer or representative of the department in the performance of their duties. They may not conceal or secrete any unlicensed dog from any such officer or person. (Penal Code 148)

(Ord. 2049 (part), 2004)

With the purchase of a non-altered license, the animal owner is eligible to receive a voucher that will pay up to fifty dollars for the sterilization surgical procedure at veterinarians or clinics designated by the city dependent upon fund availability.

(Ord. 2049 (part), 2004)

(Ord. No. 2243, § 6, 8-4-09)