Victorville Municipal Code Ch. 7.08 Livestock

(a) An "accredited veterinarian" is one who has passed an examination conducted by the director of animal industry of the State Department of Agriculture and the United States Agricultural Research Service, and whose name is upon the list of veterinarians approved by the United States Department of Agricultural Research Service.

(b) "Immediate slaughter" as used in this chapter means and applies to livestock shipped to the plant or premises of a firm regularly engaged in the slaughter of animals under approved inspection.

(c) "Infectious disease" as used in this chapter includes any infectious, contagious or communicable disease considered by the public health veterinarian to be dangerous to the welfare of the city and to the health of the livestock therein, sufficient to warrant putting into effect the provisions of this code and his rules and regulations.

(d) "Livestock" as used in this chapter means any horses, mules, asses, cattle, sheep, goats, hogs, poultry, rabbits, dogs, or any animal or animals ordinarily considered as wild animals which are kept in captivity or under control or ownership of any person for any purpose.

(e) A "modified accredited area" is an area declared by the chief of the United States Agricultural Research Service when the percentage of tuberculosis cattle therein is reduced to meet the requirements of "modified accredited areas" as adopted by the United States Agricultural Research Service.

(f) "Person" as used in this chapter means any person, firm, company, association, or corporation, their agents, or employees.

(g) "Public health veterinarian" includes any veterinarian of the city so designated by the city council, and includes and means the same officer formerly designated as city livestock inspector, and is deemed a continuation of the same office, and includes all powers, duties, and prerequisites of the former office, except as in this code otherwise set forth.

(h) "Stockyards" as used in this chapter means and applies to any stockyard, corral, or where yarding, feeding and watering facilities are provided, and where federal, state or county inspection is maintained for the inspection of livestock for infectious diseases.

(i) "Tuberculin test" as used in this chapter means any test approved by the Agricultural Research Service, United States Department of Agriculture, for the detection of tuberculosis in animals.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (A))

It shall be the duty of the public health veterinarian, acting in cooperation with the state veterinarian, to enforce all laws of the state and all lawful codes, ordinances, and regulations passed, enacted, promulgated, or approved by the city council, pertaining to the health and sanitary environment of the livestock of the city.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (B) (1))

The city public health veterinarian is empowered to establish, maintain, and enforce such quarantine, sanitary, and immunizing measures and promulgate such rules and regulations as he may deem necessary and which shall be approved by the city council.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (B) (2))

The public health veterinarian shall regulate the movement and transportation of livestock from stockyards, corrals, feed yards, and other places; examine and test, or supervise examination and testing of animals and premises for the presence of infections or communicable diseases; provide for the sanitation of plants and premises upon which livestock are kept, sold, or confined; and enforce such codes, ordinances and regulations as may be adopted to promote and protect livestock and people from diseases and conditions adversely affecting their health. He shall investigate cases and outbreak of infections and communicable diseases the presence of which may constitute a menace to the health of livestock and the human population of the city.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (B) (3))

When the public health veterinarian determines that an infectious disease exists among livestock in any other city, county or area of the state and the importation of livestock from such city, county or area might spread such disease among the livestock within the city, the public health veterinarian shall notify the city council thereof, designating and describing the city, county or area wherein such disease has been found and shall, with their approval, establish quarantine restrictions against such city, county or area as the circumstances shall warrant. The public health veterinarian may refuse to permit shipments of livestock originating in such areas to enter the city unless accompanied by a certificate signed by a state or federal veterinarian which satisfactorily proves that there is no possibility that the livestock for which such certificate is issued are infected with or exposed to an infection from such disease.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (B) (4))

Upon information received by the public health veterinarian of any infectious disease affecting livestock within the city, he shall proceed to thoroughly investigate the same. The public health veterinarian is empowered to enter any premises where livestock is kept, or on which he has reason to believe that livestock is kept, in order to carry into effect the provisions of this code, and it is unlawful for any person to interfere with the official action of the public health veterinarian. The public health veterinarian may quarantine, for a reasonable period of observation and until such tests as may be required to ascertain the presence or absence of any infectious disease are completed, any animals which are suspected of being infected with or exposed to an infectious disease. Upon discovery of any infectious disease affecting livestock in the city, the public health veterinarian shall have the power and it shall be his duty to establish such quarantine, sanitation, testing, immunizing and police regulations as may be necessary to control or eradicate such diseases and prevent the spread thereof to other livestock. The public health veterinarian may quarantine any livestock which may have been exposed to infection from such diseased livestock or which may have been located upon the land or premises where such diseased livestock has been kept, and thereafter it is unlawful for any person to break such quarantine or to move or allow to be moved any such livestock from within the premises thus quarantined, or across the quarantine line so established, without first obtaining from the public health veterinarian a permit to do so. If the public health veterinarian deems it proper to issue such a permit after inspection he may cause such livestock, premises and vehicles of transportation and any infected materials, equipment or effects to be properly cleaned and disinfected.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (B) (5))

It is unlawful for any person during the existence of such quarantine to remove, tear, deface, mutilate, obscure, or otherwise destroy or in any other manner whatsoever interfere with any placard, notice, or proclamation declaring such quarantine, placed on or about the premises on which any of said animals so quarantined are located.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (B) (6))

It is unlawful for any person to permit any livestock so quarantined to have access to any irrigation ditch, stream, or other channel in which water is running, or to allow such livestock to come in contact with other livestock which may have access to any irrigation ditch, stream or other channel so mentioned, or to permit the depositing in such irrigation ditch, stream, or channel of any manure, offal, excrement or material which might carry infection, or to allow the drainage from any premises so quarantined to come in contact with such irrigation ditch, stream, or other channel aforementioned.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (B) (7))

It shall be the duty of the public health veterinarian whenever the fact shall have been determined by him that any livestock is affected with the disease known as Glanders to kill such diseased livestock and have the premises thoroughly cleaned and disinfected, and to order the owner of such livestock to cremate or bury such livestock. If the owner of such livestock fails, neglects or refuses to bury or cremate same within a period of twenty-four hours from the issuance of such order, the public health veterinarian shall cause the same to be buried or cremated at the expense of the city, and the expense of such burial or cremation shall be charged against such owner to be recovered by action in the name of the city.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (B) (8))

Foot and mouth disease.

(Ord. 2216 § 1 (part), 2007: Ord. 32 § 3 (part), 1968: prior code § 5122 (B) (9))

The city public health veterinarian shall also serve as an advisor and consultant in the rabies control program.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (B) (10))

(a) It is unlawful for any person to remove or to allow to be removed except for immediate slaughter, any livestock from any stockyard owned, controlled or operated by or in connection with or incidental to the operation of any slaughter or packing house, except on permits issued by the public health veterinarian.

(b) It is unlawful for any person to remove or to allow to be removed any livestock from any stockyard, corral, or premise maintained for the feeding or conditioning of livestock for any purpose other than immediate slaughter without having secured permit from the public health veterinarian.

(c) The public health veterinarian shall issue permits for the removal of livestock from stockyards upon finding by inspection that such livestock is free from any infectious disease. Findings as to the presence or absence of such infectious disease shall be final; provided, however, that such permit may be granted conditional on such treatment, immunizing, dipping or other curative or preventative measures as may be necessary for the public welfare.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (1))

It is unlawful for any person to bring into or receive in, or to transport from place to place within the city, except for the purpose of immediate slaughter, any livestock affected with any contagious, infectious or communicable disease, without a permit from the public health veterinarian, except such diseased animals as are specifically permitted to enter the state and the city under federal or state regulations and only under the conditions and for the purpose prescribed in the federal and state regulations governing movement of livestock.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (2))

It is unlawful for any person to bring into or receive in the city any cattle, sheep, swine, or goats for any purpose other than immediate slaughter without a permit from the public health veterinarian; provided, however, that when such cattle, sheep, swine, horses, or goats, other than cattle imported for dairy or breeding purposes, are unloaded from a vehicle into public stockyards where federal, state, or county inspection is maintained for the inspection of livestock for infectious diseases, such permit shall not be required until they are to be removed from such stockyards. Such stockyards shall be approved by the public health veterinarian and shall be so constructed as to permit human handling, proper control without inhumane crowding or delay, and thorough inspection including provision for restraining individual animals. They shall permit animals to be fed, rested, and watered with sufficient potable water. Proper drainage, and facilities for disinfections when required by the public health veterinarian, and provisions for the removal of accumulations of manure and the prevention of the formation of mud and wallow shall be supplied. Such approval may be withdrawn in the event such stockyards at any time fail to comply with the requirements of this section.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (3))

All livestock entering the city for the purpose of immediate slaughter by any method of transportation or by driving on hoof must be moved directly to a public stockyard or to the premises upon which they are to be slaughtered; except that such livestock in railroad shipments may be unloaded en route in order to comply with the provisions of what is known as the "twenty-eight hour law," i.e., 49 U.S.C. Section 80502, of the United States Department of Agriculture.

(Ord. 2216 § 1 (part), 2007: Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (4))

Immediately upon the arrival of the cattle into the city, the fact of such arrival shall be reported to the public health veterinarian. The public health veterinarian shall mark the cattle for identification with tags or otherwise, and make a record showing the date of arrival, description of the cattle, the name of the owner and of the person in charge of the cattle, and the place in which they are to be kept. No person shall remove or tamper with any identification mark placed on an animal by the public health veterinarian for the purpose of identification.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (5))

No person shall sell any cattle or move cattle from place to place within a period of one hundred twenty days after their arrival, unless such cattle have been released by the public health veterinarian.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (6))

No person shall inject or cause to be injected tuberculin into any cattle brought into the city for a period of one hundred twenty days after their arrival, except by permission of the public health veterinarian.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (7))

No person shall inject or cause to be injected, tuberculin into any cattle except when used in connection with a tuberculin test as defined in Section 7.08.010 (i).

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (8))

The following records of all cattle tuberculin tested in the city must be filed with the public health veterinarian within five days after completion of the test: Owner, address or location of herd, number of cattle in the herd, number of cattle tested, number of cattle reacting, such description as would identify each animal tested, identification number of each animal tested.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (9))

No person shall move from any premises any cattle upon which a tuberculin test has been started until the same shall have been completed, without the permission of the veterinarian conducting such test, nor in any way interfere with the proper conduction of such test, after it shall have been started.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (10))

Whenever the public health veterinarian has cause to believe that there is danger that any cattle brought into the city are afflicted with tuberculosis he shall cause such cattle to be examined and tested for tuberculosis. Such test or tests may be made at any time within one hundred twenty days after the arrival of such cattle into the city.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (11))

It is unlawful for any person to sell or offer for sale any cattle for dairy or breeding purposes in the city, unless such cattle have been examined and tested for tuberculosis within thirty days preceding such sale, by a federal or state veterinarian, or the public health veterinarian, or by a veterinarian duly authorized by such officials to apply such test; provided, that this section shall not apply to cattle which have been regularly tested by representatives of the federal or state Department of Agriculture under the laws, rules and regulations applicable to dairies operating under the Federal Accredited Herd Plan or the Agricultural Code of the state; and further provided that the thirty-day period may be waived by the public health veterinarian.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (12))

Whenever an owner requests of the public health veterinarian that his cattle be tested for tuberculosis, the expense of such test shall be borne by the owner, unless said request shall be made under the provisions of the Agricultural Code of the state and said owner shall agree, in writing, to conform in all respects to said state law and the rules and regulations of the public health veterinarian applying to tuberculin tests and disposal of reacting animals; provided that whenever five or less cattle are sold for dairy and breeding purposes and a test for tuberculosis is required under the provisions of this code, the public health veterinarian shall, at the request of the owner thereof, conduct one such test without charge, within a period of six months.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (13))

All cattle which are shown by examination or by tuberculin test to be afflicted with tuberculosis shall be immediately marked for identification by branding the letter "T" on the left jaw. The letter "T" used for the branding of reacting animals shall be three inches in height from top to bottom and three inches wide at the top, and the branding edge shall not be less than one-quarter of an inch in width. No animals so branded shall be slaughtered or disposed of in any manner whatsoever or removed from the premises where located when branded, unless permission is first obtained from the public health veterinarian or from the director of the State Department of Agriculture.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (14))

The owner or person in charge of livestock shall properly confine in stanchions or chutes any livestock which the public health veterinarian may designate for the purpose of examination, injection, observation, administration of tuberculin, mallein, or other specific tests, or procedures. If the owner or person in charge refuses to properly confine such livestock for examination or test within twenty-four hours after he is requested to do so by the public health veterinarian, the public health veterinarian may employ help and incur such expense as is necessary to properly control such livestock for the purposes mentioned. The expense so incurred shall be a lien upon said livestock and shall be recovered by action in the name of the city, unless paid within ten days after written notice of the amount has been given by the public health veterinarian to the owner or person in possession of said livestock.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (15))

All livestock brought into the city in violation of any of the provisions of this code shall be subject to quarantine, examination and test, at the expense of the owner, by the public health veterinarian, who may dispose of such livestock to comport with the welfare of the city and the protection of the health of the domestic livestock therein.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (16))

(a) It is made the duty of any person suspecting or having knowledge of the presence of any infectious diseases in livestock to report the same to the public health veterinarian. It shall be the duty of any person owning or having control of livestock to assist the public health veterinarian to enforce the provisions of this chapter, to obey all orders of the public health veterinarian made for the control and eradication of infectious diseases, the sanitation of premises, destruction of livestock, and disposal of carcasses, manure, offal, refuse, condemned meat and meat products.

(b) It is unlawful for any person to maintain a rat menace where livestock is kept.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (17))

Every premises where livestock is kept, fed, stabled or otherwise cared for, or any premise on which a hog ranch or slaughterhouse is maintained, or where meat products are prepared for food shall be kept in a clean and sanitary condition.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (C) (18))

It is unlawful for any person, firm or corporation to bring into or cause to be brought intothe city, any cattle afflicted with tuberculosis, except for the purpose of immediate slaughter.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (D) (1))

It is unlawful for any person, firm or corporation to bring into or cause to be brought into the city, any cattle, except for the purpose of immediate slaughter without first obtaining a permit to do so from the public health veterinarian of the city, which permit shall designate as near as possible the number, class, and sex of the cattle to be brought in the place from which they are to be brought, where they are to be delivered to, the date of their arrival, and the method of transportation.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (D) (2))

It is unlawful for any person, firm or corporation to bring into or cause to be brought into the city any cattle, for dairy purposes, unless they are accompanied by a certificate signed by a federal or state veterinarian or a veterinarian approved by the federal or state Department of Agriculture, Bureau of Animal Industry, and the public health veterinarian of the city, giving an adequate description of each animal, including ear-tag numbers and brands, showing that such cattle are free from tuberculosis by physical examination and tuberculin test performed within thirty days of date of shipment into the city and certifying that the entire herd from which they came showed not more than five tenths percent reactors. The thirty day requirement for examination and tuberculin test may be waived in case of all cattle brought into the city from federal accredited herds or from federal and state control area at the discretion of the public health veterinarian.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (D) (3))

All dairy cattle brought into the city shall be tested with tuberculin upon arrival by the public health veterinarian, or by a veterinarian approved by the public health veterinarian, and if five-tenths percent or over are found to be reactors to said tuberculin test, the herd may be quarantined for a period of sixty days and be retested by said public health veterinarian. The public health veterinarian may quarantine any cattle brought into the said city, which he deems necessary for the prevention of contagious and infectious diseases and their spread. Beef breeding and range cattle are to be controlled by the state and the United States Control Area Plan. All dealers shall be required to fill out and file with the public health veterinarian a form approved by said veterinarian, showing in detail from whom livestock was bought and to whom sold.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (D) (4))

No cattle shall be moved or transported during the period of quarantine mentioned in Section 7.08.330 and shall not be moved or transported thereafter without first obtaining and having a certificate of release from the public health veterinarian.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (D) (5))

It is unlawful for any person, firm or corporation to produce and offer for sale for human consumption any milk or cream in the city, unless the cattle from which said milk is produced have been examined and tested for tuberculosis by an approved veterinarian or by a federal or state veterinarian of the Department of Agriculture, in compliance with the Pure Milk Law of the state. Testing requirements are as follows:

(1) All cattle in the city that are used to produce milk or milk products for human consumption must be examined and tested with tuberculin at least once annually and if there are found any reactors in the herd, the reactors shall be removed and the herd must be tested semiannually thereafter until there are no reactors found in the herd;

(2) It is unlawful for any person, firm or corporation to transport and deliver from without the city into the city for human consumption any milk or milk products unless said milk and milk products have been produced from cattle that are regularly tested for tuberculosis and from which all the reactors have been removed, in compliance with this code and under the provisions of the Agricultural Code of the state.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (D) (6))

The public health veterinarian may from time to time with the approval of the city council promulgate such rules and regulations as shall be deemed proper to carry out the provisions of this code.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (D) (7))

Upon the discovery of any contagious or infectious disease, it shall be the duty of the public health veterinarian to immediately notify the state veterinarian, setting forth the place, facts and circumstances of said cases.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (E) (1))

It is unlawful for any person or persons, firm or corporation to sell or offer for sale, or to use or give away, in the city, any milk or cream drawn from a cow known to be affected with tuberculosis, anthrax, or any other contagious or infectious diseases.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (E) (2))

All dairies or other places within the city where cows are kept for the purpose of supplying milk or cream, or their products to be sold, shall be kept in a clean and sanitary condition, and all milk handling and processing equipment used in or about said dairies or other places where cows are kept for the purpose of supplying milk or cream or their products, shall be thoroughly sterilized in accordance with applicable sections of the Agricultural Code and Agriculture Administrative Code.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (E) (3))

All slaughterhouses, markets and other places within the city, from which meat, poultry, fish or game are supplied for human consumption shall be kept in a clean and proper sanitary condition.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (E) (4))

No part or parts of this code shall be construed so as to prohibit or prevent the transportation of cattle through this city when such cattle are confined within railroad cars in conformity with state and federal laws.

(Ord. 32 § 3 (part), 1968: prior code § 5122 (E) (5))