TITLE V—SANITATION & HEALTH

CHAPTER 2—ANIMALS

(Ord. 1094, eff. 1/16/1986; Amd. Ord. 1225, eff. 7/01/1994; Ord. 1284, eff. 7/03/1998; Ord. 1318, eff. 2/02/2001; Ord. 1365, eff. 9/14/2007)

ARTICLE 1—DOGS-GENERALLY

Sec. 5201 Definitions. (Amd. Ord. 1365, eff. 9/14/2007)

Whenever in this Article the following terms are used, they shall be deemed and construed to have the meaning ascribed to them in this section, unless it is apparent from the context thereof that a different meaning is intended.

Animal Control Officer. The person charged by this Article with the administration and enforcement of the provisions hereof, and whose employment is provided for herein or otherwise by the City together with such deputies as may be allowed to the Animal Control Officer by the City Council. If this position is unfilled, the Animal Control officer shall be an assigned police officer.

Enclosure. "Enclosure" means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures that may be taken by the owner or keeper, such as tethering the dog within the enclosure. The enclosure shall be securely locked and have secure sides, top, and bottom sufficient to prevent the animal from escaping.

Hearing Entity/Officer. For the purpose of this Article the Hearing Entity or Officer shall be the City Manager’s appointee.

Impounded. Having been received into the custody of any Animal Control Officer.

Owner/Keeper. Any person keeping or harboring or having custody or control over any dog for fifteen consecutive days shall be deemed to be the owner of such dog within the meaning of this Article, except any veterinarian duly licensed and practicing as such, and having in his possession or control any dog for the purpose of treatment.

Owner or Keeper’s Property. For purposes of defining Potentially Dangerous, Vicious and Public Nuisance Dogs, the Owner or Keeper’s property includes that property over which the owner or keeper has the exclusive possession and use.

Potentially Dangerous Dog. "Potentially Dangerous Dog" means any of the following:

(a)    Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the Owner or Keeper of the dog.

(b)    Any dog, which, when unprovoked, bites a person causing a less Severe injury than as defined in this Section 5201.

(c)    Any dog which, when unprovoked, on two separate occasions within the prior thirty-six (36) month period, has killed, seriously bitten, inflicted injury or otherwise caused injury attacking a domestic animal off of the property of the Owner or Keeper of the dog.

Public Nuisance Dog. "Public Nuisance Dog" means any dog that gives offense to human senses or substantially interferes with the rights of persons, other than its owner or keeper, to the enjoyment of life or property. The term shall include, but not be limited to, any dog which:

(a)    On three (3) separate occasions within a thirty-six (36) month period has been cited, or Impounded for being off its Owner or Keeper’s Property in violation of any state or local law prohibiting the running at large of dogs.

(b)    Causes damage to the property of anyone other than its Owner or Keeper.

(c)    Harasses or intimidates persons on public property or private property other than owned or under the control of its Owner or Keeper.

(d)    Repeatedly chases vehicles that are not on its Owner or Keeper’s Property.

(e)    Makes disturbing noises such as barking, howling, whining, or other utterances to the annoyance, disturbance, or discomfort of neighbors or others in the vicinity of the property where the dog is maintained.

(f)    Has been allowed by its Owner or Keeper to produce odors that annoy, disturb or cause discomfort to persons in the vicinity of the property where the dog is maintained.

(g)    Is one of a number of dogs or other animals maintained on the property owned or controlled by its Owner or Keeper so as to be offensive to persons or dangerous to the public health, safety or welfare.

(h)    Has, when unprovoked, bitten any person who is lawfully on the Owner or Keeper’s Property causing minor injury.

Severe Injury. "Severe injury" means any physical injury to a human being that results in muscle tears, or disfiguring lacerations or requires multiple sutures or corrective cosmetic surgery.

Unlicensed Dog. Any dog for which the license tax for the current year as provided in this Article has not been paid, or any dog to which the tag provided for in this Article is not attached.

Vicious Dog.

"Vicious dog" means any of the following:

(a)    Any dog owned or harbored for the purpose of dog fighting; or

(b)    Any dog seized under Section 599aa of the Penal Code and upon sustaining of a conviction of the Owner or Keeper under subdivision (a) of Section 597.5 of the Penal Code.

(c)    Any dog which, when unprovoked, in an aggressive manner inflicts Severe Injury or kills a human being.

(d)    Any dog previously determined and currently listed as a Potentially Dangerous Dog, which, after its Owner or Keeper has been notified of this determination, continues the behavior defined as Potentially Dangerous or is maintained in violation of this Article.

Sec. 5202 Findings and Declarations. (Ord. 1365, eff. 9/14/2007)

The City Council finds and declares the following:

(a)    Potentially dangerous and vicious dogs have become a serious threat to the safety and welfare of the citizens of the City and nuisance dogs present a threat to the peace and quiet of the City.

(b)    The number and severity of unprovoked attacks by potentially dangerous and vicious dogs have increased and have resulted in serious injuries to numerous individuals, including injury and death to other domestic pets.

(c)    The failure of owners of such potentially dangerous and vicious dogs to properly confine or control their animals is the primary cause of the increased incidence of attacks upon persons and other animals and the disturbance of the peace and quiet of the City.

(d)    The necessity for the regulation and control of vicious, potentially dangerous and public nuisance dogs is a City problem, requiring City regulation, and existing City ordinances are inadequate to deal with this threat to the public health and safety posed by vicious, potentially dangerous and public nuisance dogs.

Sec. 5203 Investigation. Repealed. (Ord. 1365, eff. 9/14/2007)

Sec. 5203 Procedure for Declaring a Dog Potentially Dangerous, Vicious or a Nuisance. (Ord. 1365, eff. 9/14/2007)

If an Animal Control Officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous, vicious or a nuisance, the Animal Control Officer, or his or her designee, shall petition the Police Chief, or his or her appointee, for a hearing for the purpose of determining whether or not the dog in question should be declared Potentially Dangerous, Vicious, or a Public Nuisance. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The Police Chief or his or her designee shall notify the Owner or Keeper of the dog that a hearing will be held by the City, at which time he or she may present evidence as to why the dog should not be declared Potentially Dangerous, Vicious, or a Public Nuisance. Said evidence may be offered either written or oral by the Owner of the dog or any interested citizen, including Animal Control Officers, humane officers or peace officers, and shall be sworn to and/or signed under declaration of penalty of perjury.

Sec. 5203.1 Notice of Hearing, Determination. (Ord. 1365, eff. 9/14/2007)

The Owner or Keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. The hearing shall be held promptly within no less than five (5) working days nor more than ten (10) working days after service of notice upon the owner or keeper of the dog. The hearing shall be open to the public. The Hearing Entity may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The Hearing Entity may find, upon a preponderance of the evidence, that the dog is Potentially Dangerous, Vicious, or a Public Nuisance, and make other orders authorized by this Article.

Sec. 5203.2 Notice of Determination. (Ord. 1365, eff. 9/14/2007)

After the hearing conducted pursuant to Section 5203.1, the Owner or Keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first-class mail, postage prepaid, by the Hearing Entity. If a determination is made that the dog is Potentially Dangerous, Vicious, or a Public Nuisance, the Owner or Keeper shall comply with the provisions of this Article in accordance with a time schedule established by the Chief of Police or his or her designee, but in no case more than thirty (30) days after the date of the determination or thirty-five (35) days if notice of the determination is mailed to the Owner or Keeper of the dog.

Sec. 5203.3 Appeal. (Ord. 1365, eff. 9/14/2007)

If the petitioner or the Owner or Keeper of the dog contests the determination of the Hearing Entity, he or she may, within five (5) days of receipt of the notice of determination, appeal the decision of the Hearing Entity to the Humboldt County Superior Court pursuant to Food and Agricultural Code § 31622. The party seeking the appeal shall serve personally or by first-class mail, postage prepaid, notice of the appeal upon the other party within two (2) days of the filing of the notice of appeal.

Sec. 5203.4 Effect of Failure to Appear at Hearing. (Ord. 1365, eff. 9/14/2007)

The Hearing Entity may decide all issues for or against the Owner or Keeper of the dog even if the Owner or Keeper fails to appear at the hearing.

Sec. 5203.5 Finality of Appeal. (Ord. 1365, eff. 9/14/2007)

The determination of the court hearing the appeal shall be final and conclusive upon all parties.

Sec. 5203.6 Seizure and Immediate Impoundment—Threat to Safety. (Ord. 1365, eff. 9/14/2007)

If upon investigation it is determined by the Animal Control Officer or law enforcement officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, the Animal Control Officer or law enforcement officer may seize and impound the dog pending the hearing or determination provided for in Sections 5203.1 and 5203.2. The Owner or Keeper of the dog shall be liable to the City for the costs and expenses of keeping the dog if the dog is later determined to be Potentially Dangerous or Vicious. If public safety is adequately assured, the Animal Control Officer may permit the dog to be confined at the owner’s expense in an approved kennel or veterinary facility or on the Owner’s premises.

Sec. 5203.7 When Dogs May Not Be Declared Potentially Dangerous, Vicious or a Public Nuisance. (Ord. 1365, eff. 9/14/2007)

(a)    No dog may be declared Potentially Dangerous, Vicious, or a Public Nuisance if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the Owner or Keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared Potentially Dangerous, Vicious or a Public Nuisance if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared Potentially Dangerous, Vicious or a Public Nuisance if an injury or damage was sustained by a domestic animal, which, at the time the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog.

(b)    No dog may be declared Potentially Dangerous, Vicious or a Public Nuisance if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its Owner or Keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

Sec. 5204 Destruction. Repealed. (Ord. 1365, eff. 9/14/2007)

Sec. 5204.1 Disposition of Potentially Dangerous or Vicious Dogs. (Ord. 1365, eff. 9/14/2007)

(a)    All dogs, which have been determined by the Hearing Entity to be Potentially Dangerous Dogs or Vicious Dogs, shall be properly licensed and vaccinated. The status of the dog shall be included in the licensing records either after the Owner or Keeper has agreed to the designation or the Hearing Entity has determined the designation applies to the dog. An additional fee of twice the applicable license fee shall be charged for maintaining this additional information in the records.

(b)    A Potentially Dangerous or Vicious dog, while on the Owner or Keeper’s Property, shall, at all times, be kept indoors or in an Enclosure as defined in Section 5201. A Potentially Dangerous Dog may be off the Owner or Keeper’s Property only if it is restrained by a substantial leash or within an enclosed vehicle. A Vicious Dog may be off the Owner or Keeper’s Property if the Owner or Keeper complies with Section 5204.2(g) of this Article.

(c)    The Owner or Keeper of a Potentially Dangerous or Vicious Dog shall notify the Animal Control Officer, in writing, within two (2) working days if the dog in question dies, is sold, transferred or permanently removed from the City.

(d)    Owners or Keepers of Potentially Dangerous or Vicious Dogs shall notify in writing any person to whom the dog is sold that the dog is Potentially Dangerous or Vicious.

Sec. 5204.2 Disposition of Vicious Dogs. (Ord. 1365, eff. 9/14/2007)

In addition to the dispositions in Section 5204.1, upon a determination by the Hearing Entity that a dog is a Vicious Dog the following shall apply:

(a)    A dog which has been determined to be Vicious shall not be licensed unless the Owner or Keeper of the Vicious Dog is 18 years of age or older and meets the following requirements:

(1)    Provides proof to the Animal Control Officer that the Owner or Keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000) covering any damage or injury which may be caused by the Vicious Dog during the 12-month period for which the licensing is sought.

(b)    The Owner or Keeper shall, at his or her own expense, and within two (2) working days of receipt of notice of determination that the dog is Vicious, provide the Animal Control Officer with two current color photographs of the dog which show the animal in a standing position.

(c)    The Owner or Keeper shall display a sign that visually depicts a menacing dog on his or her property warning that there is a Vicious Dog on the property. The sign shall be visible to the general public and approved by the Animal Control Officer.

(d)    The Owner or Keeper of a Vicious Dog shall certify under penalty of perjury to all of the following:

(i)    The Owner or Keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the period for which licensing is sought unless the Owner or Keeper shall cease to own or keep the dog prior to the expiration of that license.

(ii)    The Owner or Keeper shall, on or before the effective date of the license for which application is being made, have an approved Enclosure for the dog on all property where the Vicious Dog will be kept or maintained.

(iii)    The Owner or Keeper shall notify the Animal Control Officer immediately upon discovery if the Vicious Dog is running at large, is unconfined, has attacked another domestic animal or has attacked a human being, has died, has been sold or transferred, or has been permanently removed from the City. Immediately upon discovery shall mean as soon as practicable taking into consideration the circumstances, but in no event later than twenty-four (24) hours after the occurrence or the next working day in which the Police Department is open.

(iv)    If the Vicious Dog is sold, the Owner or Keeper shall provide the Animal Control Officer with the name, address, and telephone number of the new Owner or Keeper. It shall be unlawful to sell or give away a dog previously determined to be Vicious unless the Owner or Keeper of the dog advises the new Owner or Keeper of the status of the dog in writing.

(e)    All dogs determined to be Vicious shall be confined in an Enclosure as defined in Section 5201. It is unlawful for any Owner or Keeper to maintain a Vicious Dog upon any property that does not have an Enclosure.

(f)    It is unlawful for any Owner or Keeper to allow any Vicious Dog to be outside of the Enclosure unless it is inside the dwelling of the Owner or Keeper or it is necessary for the Owner or Keeper to obtain veterinary care for the dog, to sell or give away the dog, or to comply with any directive of the Animal Control Officer with respect to the dog.

(g)    In any case where a Vicious Dog is lawfully outside the Enclosure, except in cases where it is inside the dwelling of the Owner or Keeper, the dog shall be securely muzzled and restrained, with a leash sufficient to restrain the dog, having a minimum tensile strength of 300 pounds and not exceeding three feet in length, and the dog shall be under the direct control and supervision of its Owner or Keeper.

(h)    The Hearing Entity may impose any additional conditions upon the ownership of the dog that protect the public health, safety and welfare.

Sec. 5204.3 Procedure for Destruction of Vicious Dogs. (Ord. 1365, eff. 9/14/2007)

(a)    A dog determined to be Vicious may be destroyed by the Police Department when it is found, after proceedings conducted under Sections 5203.1 and 5203.2, that the release of the dog would create a significant threat to the public health, safety, and welfare; or

(b)    An Owner of a dog which has previously been determined to be a Vicious Dog violates the provisions of this Article relating to the keeping of Vicious Dogs; or

(c)    A dog, which has previously been determined to be a Vicious Dog, when unprovoked, attacks, wounds, bites, or otherwise injures or kills any person.

(d)    A dog shall not be destroyed, pursuant to sections (b) or (c) above, without a hearing pursuant to Sections 5203.1 and 5203.2.

Sec. 5204.4 Ownership of Vicious Dogs Prohibited. (Ord. 1365, eff. 9/14/2007)

The Owner of a dog determined to be a Vicious Dog may be prohibited by the Animal Control Officer from owning, possessing, controlling, or having custody of any dog for a period of up to three (3) years, when it is found, after proceedings conducted under Sections 5203.1 and 5203.2, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.

Sec. 5204.5 Disposition of Public Nuisance Dogs. (Ord. 1365, eff. 9/14/2007)

(a)    No person shall keep or maintain any dog in such a manner as to cause or permit the dog to be a Public Nuisance Dog.

(b)    No Owner or Keeper of a dog shall fail to abate a nuisance created by the keeping of such dog when ordered to do so by the Animal Control Officer or other peace officer employed by the City.

(c)    The Hearing Entity may impose any reasonable conditions upon the ownership of the dog that shall correct the circumstances that created the nuisance.

(d)    Any dog having been declared to be a Public Nuisance Dog pursuant to the provisions of Sections 5203.1 and 5203.2 shall be delivered to the Animal Control Officer for Impoundment until such time as the Owner or Keeper shall have satisfied the Animal Control Officer that he or she has taken steps to abate the nuisance created by the keeping of the dog. Failure to take such steps to the satisfaction of the Animal Control Officer within five (5) working days following impoundment of the dog and notice of the conditions for release imposed by the Animal Control Officer shall result in forfeiture of ownership of said dog.

(e)    No dog may be euthanized or otherwise disposed of if the Owner or Keeper of the dog has sought judicial review of the determination that the dog was a Public Nuisance Dog until that review has been completed. The Owner or Keeper of the dog shall be liable for the cost of the care and feeding of the dog pending the outcome of the judicial review and shall deposit monthly in advance the cost of such care and feeding as determined by the Animal Control Officer. Failure to make such a deposit shall result in forfeiture of ownership of said dog after giving the Owner or Keeper of the dog five (5) days written notice of his or her failure to make the required deposit in advance. In the event the judicial review is favorable to the Owner or Keeper of the dog, the amounts paid for the care and feeding of the dog pending the judicial review shall be refunded.

Sec. 5205 Removal From List. (Ord. 1365, eff. 9/14/2007)

If there are no additional instances of the behavior defined by this Article in Section 5201 as Potentially Dangerous or Public Nuisance Dogs within a thirty-six (36) month period from the date of designation as a Potentially Dangerous or Public Nuisance Dog, the dog shall be removed from the list of Potentially Dangerous or Public Nuisance Dogs. The dog may, but is not required to be, removed from the lists of Potentially Dangerous or Public Nuisance Dogs prior to the expiration of the thirty-six (36) month period if the Owner or Keeper of the dog demonstrates to the Animal Control Officer that changes in circumstances, or measures taken by the Owner or Keeper, such as training of the dog, have mitigated the risk to the public safety.

Sec. 5206 Penalties. (Ord. 1365, eff. 9/14/2007)

(a)    Any violations of this Article relating to Vicious or Potentially Dangerous dogs may be prosecuted as either a misdemeanor or infraction.

(b)    Any violation of this Article relating to Public Nuisance Dogs shall be an infraction.

Sec. 5207 Dogs not to run at large. (Ord. 983, eff. 12/04/1981)

Whether or not a dog is licensed under this Article, it shall be unlawful for any owner of, or person in charge of or in control of, any dog, to suffer or permit a dog to be in the City unless such dog be securely enclosed in a pen, a fenced yard or other enclosure, or securely tethered, or on a leash.

This section shall not apply to any official City of Arcata Police Dog while on patrol.

Sec. 5208 Same—Authority and duty to enter private property.

All persons charged with the duty of aiding in the enforcement of this Article are hereby empowered, and it shall be their duty, to enter upon any private property where any dog is kept, or believed by them or any of them to be kept, for the purpose of ascertaining whether any such dog is kept or otherwise harbored in violation of any of the provisions of this Article.

Sec. 5209 Prohibition Against Tethering of Dogs. (Ord. 1225, eff. 6/01/1994)

It shall be unlawful for the owner or person in charge of or in control of a dog, whether or not licensed, to:

(a)    Tie, tether or secure said dog, whether attended or unattended, to any object other than within a vehicle or container that complies with sub-part (c) below, at any time in any public place.

(b)    Tie, tether or secure said dog, whether attended or unattended, to any object other than within a vehicle or container that complies with sub-part (c) of this Code, at any time on private property without the consent of the Owner of such private property.

(c)    A dog confined in a vehicle or container so as to prevent any part of the dog from reaching beyond the exterior limits of said vehicle or container in any direction shall not be in violation of this section, whether on public or private property.

(d)    Any dog found on public or private property in violation of sub-parts (a) or (b) above, shall, at the election of the Chief of Police or his designee, be removed and sheltered according to such procedures as said person shall deem appropriate under the circumstances. Payment of the costs of such sheltering shall be a condition precedent to release of said dog to the Owner or person in charge or in control thereof.

Sec. 5210 Dogs not permitted in Downtown Areas. (Ord. 1318, eff. 2/02/2001)

A.    It shall be unlawful for the owner or person in charge of or in control of a dog to permit such dog, either leashed or unleashed, to enter, or be in or upon the Downtown Business District. The Downtown Business District is defined as that area bordered by 7th Street to the South, 11th Street to the north, J Street to the west, and Highway 101 to the east. The bordering streets and their adjacent sidewalks are considered to be within the restricted area. This prohibition shall not apply to persons with seeing-eye dogs, police service dogs or dogs on leashes who are passing through, directly en route to another destination, those portions of the Downtown Business District that lie outside the Plaza area delineated by the centerlines of 8th and 9th Streets and G and H Streets.

B.    It shall be unlawful for the owner, or person in charge of, or in control of a dog to permit such dog, either leashed or unleashed, to enter, or be in or upon that area north of the Downtown Business District described as follows: Beginning at 11th Street, extending northward, from the westerly sides of H Street and Highway 101, to Sunset Avenue, inclusive of sidewalks, and additionally, including the 18th Street bridge and pathways crossing Highway 101 from G Street to L. K. Wood Boulevard. This prohibition shall not apply to persons with seeing-eye dogs, police service dogs or dogs on leashes who are passing through the area defined herein directly en route to another destination.

Sec. 5211 Disposal of Dog Waste. (Ord. 1284, eff. 7/03/1998)

A.    Any person owning, possessing, harboring or having the care, charge, control or custody of any dog shall immediately remove and thereafter dispose of any fecal matter deposited by said dog on public property or private property of another. For the purpose of this section, dog fecal matter shall be immediately removed by placing said matter in a closed or sealed container and thereafter disposing of it by depositing said matter in a trash receptacle, sanitary disposal unit or other closed or sealed container. The matter shall not be disposed of in a private trash container without the permission of the container’s owner.

B.    This section shall not apply to blind persons accompanied by a dog used for their assistance.

C.    Violation of this section shall be an infraction.

ARTICLE 2—LICENSES

Sec. 5220 Vaccination against rabies required.

No person shall be issued a license under this Article unless he has first complied with the provisions of Article 4 of this Chapter which provides for vaccination against rabies.

Sec. 5221 License required. (Ord. 1303, eff. 4/19/2000)

A.    It shall be unlawful for any person to own, keep or harbor any dog over six (6) months of age within the City for a period of time unless they first procure a license therefor.

Sec. 5222 Tax amount. (Ord. 972, eff. 6/17/1981; Ord. 1361, eff. 7/06/2007)

The owner of every dog within the incorporated area of the City shall pay annually a license tax thereon at such rate as may be established by resolution of the City Council, except that any such license amount shall be reduced as specified in said resolution for a dog if a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered.

Sec. 5223 Payment. (Ord. 1361, eff. 7/06/2007)

Each license tax imposed by this Article shall be paid annually after the dog is first licensed within the City, and shall be paid to the City Clerk and shall be due and payable in advance on the day and month of the then current rabies vaccination date of each year. A grace period of thirty days shall be allowed in the payment of this tax.

Sec. 5224 Penalties for failure to pay tax when due. (Ord. 913, eff. 12/20/1978; Ord. 1361, eff. 7/06/2007)

For failure to pay a license tax when due, the City Clerk shall add on One Hundred Percent (100%) penalty in addition to the regular license tax amount, beginning on the 31st day after the day and month of the then current rabies vaccination date of each year, or on the thirty-first (31st) day after the dog is brought into the City.

Sec. 5225 Same—Duty to collect.

It shall be the duty of the City Clerk to collect the license taxes provided for in this Article.

Sec. 5226 Same—Refunds.

No license tax paid by virtue of the provisions of this Article shall be returned or refunded without the approval of the City Clerk.

Sec. 5227 Issuance.

It shall be the duty of the City Clerk to issue the licenses provided for in this Article.

Sec. 5228 Contents.

Each license issued under this Article shall state the name and residence address of the person to whom such license is issued, the amount paid therefor, the date when issued, the date on which such license shall expire, and, shall contain a description of the dog for which such license is issued, and the number of the metallic tag accompanying such license.

Sec. 5229 Expiration. (Ord. 1361, 7/06/2007)

All dog licenses shall expire on the day and month of the then current rabies vaccination date of each year following their issuance.

Sec. 5230 Tag—Contents. (Ord. 1361, 7/06/2007)

With each license issued under this Section, there shall be issued by the City and delivered to the person securing the license, a metal tag. Said tag shall have imprinted on its face the words: "City of Arcata" and "Dog License," and shall also contain the serial number of the license.

Sec. 5231 Same—Duplicates.

A duplicate of a lost dog license may be procured upon exhibition of the original license and payment of twenty- five cents therefor.

Sec. 5232 Same—Must be fastened to dog; exceptions.

It shall be unlawful for an owner of any dog to fail or neglect to keep fastened to such dog the tag provided for in this Article, except while such dog remains indoors or in an enclosed yard or pen.

Sec. 5233 Same—To be attached only to dog for which issued.

It shall be unlawful for any person to attach any current license tag to any dog other than the dog for which such license tag was originally issued.

Sec. 5234 Same—Removal.

It shall be unlawful for any person other than the owner to remove from any dog any tag that has been attached to such dog pursuant to the provisions of this Article.

Sec. 5235 Same—Counterfeits.

It shall be unlawful for any person to counterfeit or imitate any license tag provided for by this Article or attach a counterfeit or imitation tag to any dog or to possess any such counterfeit tag.

Sec. 5236 Records.

It shall be the duty of the City Clerk to keep a record of each license issued pursuant to this Article.

ARTICLE 3—IMPOUNDMENT

Sec. 5250 When Authorized.

The Animal Control Officer shall receive, take up and impound any and all dogs found running at large contrary to the provisions of Article 2 or in violation of any law of the County or the State.

Sec. 5252 Unlicensed dogs not to be released.

No dog, which is to be kept or harbored within the City, shall be released from the dog pound unless it is duly licensed as required by Article 2.

Sec. 5253 Notice to owner—In case of licensed dog.

Upon impounding a licensed dog, the Animal Control Officer shall immediately give notice to the owner, at the address in the license, of the impounding of such dog. Such notice may be given as provided in this Code.

Sec. 5254 Same—In case of unlicensed dog.

Upon impoundment of an unlicensed dog, the Animal Control Officer shall immediately give notice to the owner, if known, of the impounding of such dog.

Sec. 5255 Right to redeem—Licensed dog.

Any licensed impounded dog may be redeemed by the owner thereof within three (3) days after it is impounded.

Sec. 5256 Same—Unlicensed dog.

Any unlicensed impounded dog may be redeemed within three (3) days after it is impounded.

Sec. 5257 Payment of fee and charges prerequisite to redemption.

No impounded dog shall be redeemed except upon payment of a pound fee in such sum as may be established from time to time by resolution of the City Council.

Sec. 5258 Destruction of impounded dogs.

The Animal Control Officer may, by humane methods, summarily destroy:

(1)    Any impounded dog that is suffering from an incurable, dangerous or contagious disease;

(2)    Any impounded unlicensed vicious dog;

(3)    Any impounded licensed dog that is not redeemed within three (3) days from the date of the notice given under Section 5253 of this Code;

(4)    Any impounded unlicensed dog that is not redeemed within three (3) days after notice has been given under Section 5254 of this Code.

Sec. 5259 Sale of impounded dogs—Authority—Licensed dogs.

If any licensed impounded dog is not redeemed within three (3) days from the date of the notice given under Section 5253 of this Code the Animal Control Officer may sell such dog.

Sec. 5260 Same—Unlicensed dogs.

If any impounded unlicensed dog is not redeemed within three days after notice has been given under Section 5254 of this Code, the Animal Control Officer may sell such dog.

Sec. 5261 Same—Sales price.

No unredeemed dog shall be sold pursuant to this Article for any amount in excess of accumulated fees levied pursuant to Section 5257.

Sec. 5262 Same—Prohibited in case of diseased dogs.

No impounded dog shall be sold if it has been determined to be vicious or if while the same is suffering from any infectious or communicable disease.

Sec. 5263 Same—Bill of sale.

Whenever the Animal Control Officer sells any impounded or unredeemed dog, he shall issue a bill of sale to the purchaser thereof, which bill of sale shall operate to vest complete title of the dog in such purchaser.

ARTICLE 4—VACCINATION

Sec. 5270 Definitions.

(a)    "Primary immunization" shall mean the initial inoculation of a dog with an approved canine rabies vaccine that has been approved for three-year immunity by the Department of Health Services.

(b)    "Revaccination" shall mean the inoculation of a dog with an approved canine rabies vaccine that has been approved for three-year immunity by the Department of Health Services.

Sec. 5271 Persons not to harbor unvaccinated dog.

No person shall own or harbor any dog over 4 months that has not been vaccinated by a duly licensed veterinarian in accordance with Section 5273.

Sec. 5272 Minimum age for rabies vaccination.

Four months will remain the minimum age at which rabies immunization of dogs can be accepted for compliance with dog license requirement.

Sec. 5273 Revaccination Intervals.

(a)    The interval for revaccination of dogs given primary immunization between the ages of 4 to 12 months will be twelve (12) months.

(b)    The interval for revaccination of dogs given rabies vaccine at ages over one (1) year will be at least once every three (3) years.

Sec. 5280 Authority of county officers.

This Article is in furtherance of the program of the County of Humboldt of vaccination of dogs against rabies whereby the County Livestock Inspector of the County of Humboldt is authorized by said County and directed by said County as follows:

(a)    To approve such vaccine or vaccines as he may find suitable for providing, by inoculation, two-year immunity of dogs from rabies, to promulgate his findings and approval and to file a statement of his findings and approval in the office of the County Health Officer as a public record.

(b)    To prescribe the form or forms of certificates to be used by duly licensed veterinarians under the provisions hereof; to file such approved form or forms in the office of the County Health Officer of the County of Humboldt as a public record; and to distribute samples of such form or forms to duly licensed veterinarians practicing in this County upon request being made by them.

ARTICLE 5—DOG POUND

Sec. 5290 Created: Designation.

There is hereby created a City dog pound, which may be referred to and designated as the City dog shelter.

Sec. 5291 Supervision.

The dog pound shall be under the supervision and direction of the Chief of Police or such other persons as the City shall designate.

Sec. 5292 Appointment.

The Animal Control Officer shall be appointed by the City Manager. In the absence of a regular Animal Control Officer the Chief of Police may assign the duties of the Animal Control Officer to other persons if he deems such assignment necessary to the public safety and to insure the enforcement of the provisions of this chapter.

Sec. 5294 Interference with Animal Control Officer.

It shall be unlawful for any person to interfere with, oppose or resist the Animal Control Officer or any of his assistants or deputies while engaged in performing any duty imposed by this Article.

Sec. 5295 Removing or enabling impounded animal to escape.

It shall be unlawful for any person, without the permission of the Animal Control Officer to remove or take away any animal impounded under this Article from the pound, or remove any fence, bar or barrier, or open any gate for the purpose of enabling any animal to escape from the pound.

ARTICLE 6—OTHER ANIMALS

Sec. 5306 Trespass.

No owner shall permit any chicken, duck, turkey or other fowl, or any horse, mule, cow, jenny or other domestic animal or any animal kept as a pet to run upon the property of another.

Sec. 5311 Livestock not to run at large.

The running at large of any horse, mule, donkey, cow, hog, sheep, goat or cattle of any kind, in or upon any street, avenue, alley or any public place, or upon the property of another where the same have no right to be, is hereby declared to be a nuisance, and it shall be unlawful for the owner or person in charge of any such animal to suffer or permit the same to so run at large.

Sec. 5312 Throwing missiles at animals.

It shall be unlawful for any person to wantonly or willfully throw stones or other missiles at any animal.

Sec. 5313 Frightening horses.

It shall be unlawful for any person to frighten or attempt to frighten any horse or other animal carrying persons or otherwise along the street, alleys or avenue of the City.

Sec. 5314 Enclosures required for certain animals.

No person shall keep any cattle, horses, mules, burros, swine, sheep or goats within the corporate limits of the City in any place except within a substantial enclosure; provided, however, that this section shall not be applicable to any such animal while being worked or while being driven to and from pasture or market, or while it is under the immediate personal control of some person, or when substantially picketed.

Within this section, "substantial enclosure" means a barn, corral or an area of land enclosed by a fence of sufficient strength and so constructed as reasonably to prevent any such animal within such barn, corral or area of land from breaking or forcing its way out of or through the same or escaping therefrom.

Sec. 5315 Generally.

It shall be the duty of the Animal Control Officer to take up and safely keep in the city pound any animal that may be found running at large in violation of Section 5311 of this code, but he shall not take up an animal that is in the immediate charge of any person who is driving it in or through the city, or that is upon private property, without the permission of the owner of such private property.

Sec. 5316 Interference with Police Dogs. (Ord. 983, eff. 12/04/1981)

No person shall strike, threaten to strike, tease, harass or interfere with any official police dog except when such action is in accordance with established training exercises. Violation of this section is a misdemeanor punishable by six (6) months in the county jail or a five hundred dollar ($500) fine, or both.

Sec. 5317 Keeping of Animals. (Ord. 991, eff. 4/16/1982)

It shall be unlawful for any person to permit, keep, or allow any animal to be kept upon their property in violation of Article 3 of Chapter III of the City of Arcata Land Use and Development Guide, and any amendments thereto.