Yuba City Municipal Code Art. 1 General

The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the City of Yuba City through disease control of animals as a public nuisance.

(§1, Ord. 007-03, eff. June 5, 2003)

(a) Authority for this chapter derives from applicable sections of the following California Codes: Business and Professions Code, California Code of Regulations, Civil Code, Fish and Game Code, Food and Agricultural Code, Government Code, Health and Safety Code and the Penal Code.

(b) The City Council hereby appoints the Community Services Director of Sutter County who, under its direction, will oversee the administration of the provisions of this chapter and all applicable statutes of the State of California and shall thereupon have charge of the public animal shelter established in Section 4-12.120. The Community Services Director shall employ Animal Control Officers as needed to carry out the provisions of this chapter, which shall constitute Animal Control Services.

(§1, Ord. 007-03, eff. June 5, 2003)

Animal Control Officers are not peace officers but may exercise the powers of arrest of a peace officer as specified in Penal Code § 836 and the power to serve warrants as specified in Penal Code §§ 1523 and 1530 during the course of, and within the scope of their employment, after completing a course in the exercise of those powers pursuant to Penal Code § 832.

(§1, Ord. 007-03, eff. June 5, 2003)

(a) Animal Control Officers employed in Animal Control Services while engaged in the execution of their duties, shall each wear a uniform as determined by the Community Services Director.

(b) Animal Control Officers employed in Animal Control Services, while engaged in the execution of their duties, shall each wear in plain view a badge having the words, "Animal Control Officer" engraved thereon. No person who is not a duly appointed and qualified Animal Control Officer shall represent himself or herself to be, or shall attempt to act as an Animal Control Officer.

(§1, Ord. 007-03, eff. June 5, 2003)

It shall be the duty of the Community Services Director to enforce the provisions of this chapter, and it shall be the duty of every City officer to cooperate with employees of the Community Services Department in the enforcement of their duties related to this chapter.

(§1, Ord. 007-03, eff. June 5, 2003)

It shall be unlawful for any person to resist, hinder, molest, or obstruct any duly authorized representative of the Community Services Director in the performance of his or her duty as provided in this chapter.

(§1, Ord. 007-03, eff. June 5, 2003)

A public animal shelter is hereby provided and the same, and any branches thereof, shall be located and established at such places in the County of Sutter as shall be fixed from time to time by the City Council.

(§1, Ord. 007-03, eff. June 5, 2003)

Every person taking up any animal under the provisions of this chapter and every person finding any lost, strayed or stolen animal shall, within 24 hours thereafter, give notice thereof to Animal Control Services.

Any person into whose custody such animal may in the meantime be placed, shall be required to either:

(a) Deliver such animal to Animal Control Services without fee or charge, or

(b) Deliver such animal to a society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group approved by, and registered with, the Community Services Department.

(§1, Ord. 007-03, eff. June 5, 2003)

Animal Control Services shall provide all animals in their custody with necessary and prompt veterinary care, nutrition, and shelter, and treat them humanely.

(§1, Ord. 007-03, eff. June 5, 2003)

Every animal taken into custody by Animal Control Services which, by reason of age, injury, disease or other good cause, should be destroyed, or which is dangerous to keep impounded, shall be forthwith destroyed by Animal Control Services in a humane manner.

(§1, Ord. 007-03, eff. June 5, 2003)

Any person, firm, corporation, partnership that willfully violates any of the provisions or fails to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor or infraction, except that nothing contained in this ordinance shall be deemed to bar any legal or equitable remedy to which the City of Yuba City or any person, firm, corporation, partnership, or governmental entity may have to restrain or enjoin any attempted or proposed violation of this chapter.

(§1, Ord. 007-03, eff. June 5, 2003; § 1, Ord. 004-04, eff. May 20, 2004)

Animal Control Services shall maintain a manual of policies and procedures implementing this Code and any other applicable Ordinances duly adopted by the City of Yuba City. The manual of policies and procedures shall detail the records to be kept and the manner in which they are to be kept.

(§1, Ord. 007-03, eff. June 5, 2003)

Animal Control Services shall deposit all fees and all fines collected under the provisions of this chapter with the Sutter County Treasurer in a timely manner.

(§1, Ord. 007-03, eff. June 5, 2003)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) "Assistance dogs" shall mean dogs specially trained as guide dogs, signal dogs, or service dogs.

(b) "Nuisance" shall mean anything which is injurious to health, or is indecent, or 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 a community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin or any public park, square, street, or highway.

(c) "Potentially dangerous dog" shall have the same definition as contained in Food and Agricultural Code § 31602.

(d) "Quarantine," as used in this section, shall mean the strict confinement, upon the private premises of the owner, under restraint by leash, closed cage, or paddock, of all animals specified in the order for quarantine.

(e) "Rabies," as used in this chapter, includes rabies, and any other animal disease dangerous to human beings that may be declared by the State of California Health Department as coming under Health and Safety Code.

(f) "Ratproofing" shall consist of adequately covering or sealing all holes or means of ingress to such premises by which rats can enter in and upon such premises, save and except properly constructed and protected doors, windows, and ventilating shafts. With regard to open land, ratproofing shall consist of eliminating the harborage of the rat population. All costs of eliminating rats and ratproofing shall be borne by the person owning or in lawful possession of the premises ratproofed or from which rats are to be eliminated.

(g) "Vicious dog" shall have the same definition as contained in Food and Agricultural Code § 31603.

(§1, Ord. 007-03, eff. June 5, 2003)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

(§1, Ord. 007-03, eff. June 5, 2003)