Yreka Municipal Code Ch. 8.08 Dogs

For the purposes of this chapter, certain words and phrases are defined, and certain provisions shall be construed, as herein set out, unless it is apparent from their context that a different meaning is intended.

(Ord. 356 § 1, 1962).

"Dog," as used in this chapter, includes any animal of the canine family, and includes female as well as male dogs, except when otherwise specifically provided herein.

(Ord. 356 § 2, 1962).

"Unlicensed dog," as used in this chapter means a dog subject to license and registration under this chapter for which the license for the current year has not been paid or to which the license tag provided for herein is not attached.

(Ord. 356 § 3, 1962).

Any person, other than a veterinarian or an operator of a kennel, keeping or harboring a dog for at least fifteen consecutive days is the "owner" thereof within the meaning of this chapter.

(Ord. 356 § 4, 1962).

All dogs more than four months old kept, harbored or maintained by their owners in the city shall be licensed and registered and their owners are required to have them licensed and registered as herein provided.

Dogs shall be registered with and dog licenses shall be issued by the city clerk or other designated agency, on payment of a license fee established by resolution of the city council which shall provide for a partial discount of the fee if a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered. Said fees shall be for each calendar year or a fraction thereof as set by council resolution.

(Ord. 806 § 1(part), 2008: Ord. 589, 1983: Ord. 501 (part), 1973: Ord. 475 (part), 1972: Ord. 356 § 6, 1962).

(Ord. No. 829, § 1, 5-3-2012)

(a) Any dog, which has been determined to be potentially dangerous or vicious, shall be properly licensed and vaccinated. The designation of potentially dangerous or vicious shall be included in the registration records of the dog. The animal control officer shall charge such fees as are set by the city council by resolution, in addition to the regular license fee, for the first year's license following designation as potentially dangerous or vicious and a sum as is fixed by resolution for each year thereafter.

(b) A dog determined to be potentially dangerous or vicious, shall, at all times, be kept in accordance with restrictions as imposed by order of the animal control officer.

(c) If the potentially dangerous or vicious dog dies, is sold, transferred, or permanently removed from the county where the owner or keeper resides, the owner shall notify the animal control officer in writing within two working days.

(Ord. 806 § 1(part), 2008).

Application for license and registration shall be due on January 1st each year and becomes delinquent based date set by city council resolution defining delinquency of each year or within thirty-one days after the dog becomes subject to licensing and registration hereunder, whichever event occurs first. In the event application for license and registration is not made within the time herein provided, there shall be a penalty assessed for late payment as established by city council resolution.

(Ord. 806 § 1(part), 2008: Ord. 476, 1972: Ord. 356 § 6, 1962).

(Ord. No. 822, § 1, 10-21-2010; Ord. No. 829, § 1, 5-3-2012)

The license and registration provisions of this chapter shall not apply to dogs kept, harbored, or maintained in the city by owners who are nonresidents temporarily within the city, if kept, harbored, or maintained in the city only during such temporary sojourn of their owners, nor to dogs brought into the city for the purpose of participating in any dog show or exhibition.

(Ord. 356 § 7, 1962).

Upon payment of the license fee, a license certificate and metallic tag shall be issued to the owner for each dog so licensed.

The tag shall have stamped thereon the year for which it is issued and the number corresponding with the number of the certificate. Every owner shall be required to provide each dog with a collar or harness to which the license tag must be affixed, and shall see that the collar or harness and tag are worn at all times except when the dog is in or upon the premises of the owner.

(Ord. 356 § 8, 1962).

In case a dog tag is lost or destroyed, a duplicate will be issued upon presentation of a certificate showing the payment of the license fee for the current year, and the payment of a fee for such duplicate established by resolution of the city council.

(Ord. 806 § 1(part), 2008: Ord. 356 § 9, 1962).

Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee because of death of the dog or the owner leaving the city or the removal of the dog therefrom before expiration of the license period.

(Ord. 356 § 10, 1962).

No owner or keeper of a dog shall allow or permit such dog, whether licensed or unlicensed, to be or run at large within the city in or upon any public place or premises, or in or upon any private place or premises other than those of the owner or keeper except with the consent of the person in charge of the private place or premises, unless such dog is securely restrained by a substantial leash not to exceed six feet in length and is in charge and control of a person competent to keep such dog under effective charge and control; provided, however, nothing in this chapter shall prevent a dog from being used without leash in the conduct of obedience trials and training classes, or to herd, guard, gather or otherwise work domestic animals or fowls in or upon a public place or premises so long as such dog is under the charge and control of a person competent to keep such dog under effective charge and control and so long as such dog does not wrongfully harm or damage or threaten to harm or damage any person or public or private property. For purposes of this section, any dog in or upon any vehicle shall be deemed to be on the premises of the operator thereof.

(Ord. 356 § 11, 1962).

(a) No owner or keeper or person having custody or control of any dog shall allow or permit such dog to commit a nuisance on any public property or any improved private property other than that of the owner or keeper or person who has accepted custody or control of such dog. It shall be the duty of all persons having control of a dog to curb such dog in order to carry out the intent of this section.

(b) No owner or keeper or person having custody or control of any unspayed female dog in heat shall allow or permit such dog to be on any public property or any improved private property other than that of the owner or keeper or person who has accepted custody or control of such dog. It shall be the duty of all persons having control of such a female dog to curb such dog in order to carry out the intention of this section.

(Ord. 356 § 12, 1962).

(Ord. No. 844, § 2, 7-21-2016)

It shall be the duty of the police department of the city or other designated agency to apprehend or cause to be apprehended any dog found running at large contrary to the provisions of this chapter. Such dog shall be impounded in the city pound or other suitable place designated for such purpose. Upon receipt of any dog for impounding, a complete registry shall be made entering the breed, color and sex of such dog and whether or not licensed. If licensed, the name and address of the owner, and the number of license tag shall also be entered. Licensed dogs shall be separated from unlicensed dogs.

(Ord. 356 § 13, 1962).

No later than two business days after the impounding of any dog, the owner, if known, shall be notified thereof. Notice of such impoundment may be given by personal service upon the owner thereof or the notice may be given in writing by deposit thereof in the United States mail properly addressed at the last known address of the owner and first class postage prepaid. Notice by mail is complete one day following the deposit thereof in the mail if the address of such owner is within the city and otherwise the notice is complete two days following deposit of such notice in the mail. If the owner is unknown, written notice shall be posted by not later than two days after the impounding of any dog for at least three business days at a conspicuous public place at the Yreka Police Department describing the dog and the place and time of taking.

(Ord. 477, 1972: Ord. 457 (part), 1971: Ord. 356 § 14, 1962).

(Ord. No. 813, § 1, 3-19-2009)

The owner of any dog so impounded may reclaim such dog upon payment of the license fee plus any penalty for delinquency, if unpaid, and of charges for impounding and keeping such dog as established by resolution of the city council, and which shall include any veterinary fees incurred in the maintenance of such dog and shall include a penalty of up to fifty dollars if the impounded dog is unlicensed and required to be licensed in the city.

In the event any owner of a dog impounded fails to pay the redemption fees as heretofore set forth and the dog is disposed of by the city pursuant to Section 8.08.170, the owner of the dog shall still be liable to the city for the expenses incurred by the city as set forth above.

(Ord. 806 § 1(part), 2008: Ord. 590, 1983: Ord. 478, 1972: Ord. 356 § 15, 1962).

(a) All impounded dogs shall be humanely cared for and shall be supplied with sufficient food, water, and other necessary care. All impounded dogs whose owners are known and which owners have been given notice pursuant to Section 8.08.150, which dogs are not reclaimed, shall be kept for the period provided in Food and Agriculture Code Section 31108 after the giving of notice. If at the expiration of that period an impounded dog whose owner is known has not been claimed, or if at the expiration of the period for giving notice pursuant to Section 8.08.150 relating to impounded dogs whose owners are unknown, an impounded dog has not been reclaimed, it may be humanely destroyed or, upon duly executed release of liability to the city, it may be given away as a house pet or by "adoption" as provided in Food and Agriculture Code Section 31108.

(b) The refusal or failure of the owner of any impounded dog to pay the fees and charges after due notification shall be held to be an abandonment of the dog by the owner and the dog may be disposed of pursuant to this section. The chief of police shall have discretion to work with owners of impounded dogs and make such determinations regarding disposal of the impounded dog and payment of accrued fees and charges as are in the interests of encouraging compliance with the provisions of this Title 8.

(c) Notwithstanding any provision to the contrary set forth herein, any impounded dog which is suffering from rabies or an incurable disease shall be forthwith humanely destroyed, and any impounded dog which is suspected of suffering from rabies or an incurable disease shall remain impounded for a sufficient period of time to determine whether or not it is in fact suffering from the disease.

(Ord. 456 (part), 1971: Ord. 356 § 16, 1962).

(Ord. No. 813, § 1, 3-19-2009)

This section shall govern and set forth the administrative procedures for the determination of potentially dangerous and vicious dogs in accordance with the provision of the provisions of California Food and Agriculture Code Sections 31601 et seq. The administrative hearing permitted by Section 31621 and the petition of determination shall be conducted in the following manner:

(a) The city manager or his or her designee shall act as the hearing officer.

(b) The petition required to be made and filed in accordance with the provision of the Food and Agriculture Code Section 31621 shall be filed with the office of the city manager.

(c) The animal control officer or the chief of police shall notify the owner or keeper of the dog that a hearing will be held by the city manager, at which time the owner or keeper of the dog may present evidence as to why the dog should not be declared potentially dangerous or vicious. The notification of the hearing and a copy of the petition shall be served personally or by first class mail with return receipt requested.

(d) The hearing shall be held promptly within no less than five working days nor more than ten working days after service of notification upon the owner or keeper of the dog. The hearing shall be open to the public. The hearing officer may admit into evidence all relative evidence including incident reports and the affidavits of witnesses, limit the scope of discovery and may shorten the time to produce records or witnesses. Upon request, the hearing officer shall issue subpoenas for witnesses to attend the hearing.

(e) The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make such orders as are authorized by the Food and Agriculture Code.

(f) The owner or keeper of the dog shall be notified in writing of the determination of the hearing officer and the orders issued either by person or by first class mail, postage pre-paid by the hearing officer.

(g) The owner or keeper of the dog may appeal the determination of the hearing officer in accordance with the provisions of the Food and Agriculture Code Section 31622.

(Ord. 702 § 1, 1995: Ord. 356 § 17, 1962).

No bitch while in heat shall be allowed to run at large in any of the public streets, alleyways or other public places in the city, with or without a tag, and it shall be the duty of the pound master to impound any such animal running at large as if unlicensed and the owner of such animal shall be guilty of a misdemeanor for permitting it to run at large.

(Ord. 266 § 14, 1966).

Footnotes:

--- (4) ---

3. Penalty for violation—See Section 8.12.170.

If a dog is suspected by his owner or by the police department or other designated agency to have rabies or has been bitten by a dog suspected of having rabies, such dog shall be confined by a leash or chain on the owners premises and shall be placed under the observation of a veterinarian at the expense of the owner for a period of two weeks.

The owner shall notify the police department or other designated agency of the fact that his dog has been exposed to rabies, and at its discretion the police department or other designated agency is empowered to have such dog removed from the owner's premises to a veterinary hospital and there placed under observation for a period of two weeks at the expense of the owner.

It is unlawful for any person knowing or suspecting a dog has rabies to allow such dog to be taken off his premises or beyond the limits of the city without the written permission of the police department or other designated agency. Every owner, or other person, upon ascertaining a dog is rabid, shall immediately notify the police depart ment or other designated agency, and the same shall either remove the dog or summarily destroy it.

(Ord. 356 § 18, 1962).