Chapter 15.04 ANIMALS AND POUND

Whenever provision is made in this chapter for the payment of fees, such fees shall be those which the city council from time to time approves, by resolution or minute order. (Ord. 508 § 1, 1985).

15.04.020 Definitions of terms.

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used are defined as follows:

A. “Animal” includes any beast, poultry, bird, reptile, fish or any other dumb animal.

B. “Animal menagerie” means a place where wild animals are kept or maintained for any commercial purpose, including places where wild animals are boarded, trained, or kept for hire.

C. “Animal shelter” means a place where all animals impounded by the department of animal care and control are placed for their humane care and keeping.

D. “Approved canine rabies vaccine” means a canine rabies vaccine which is approved for use by the state of California Department of Public Health.

E. “At large” means an animal off the premises of its owner, unless such animal is securely confined by a strong leash securely and continuously held by the owner of such animal, or confined within an automobile.

F. “Cat” means any cat of any age, female as well as male.

G. “Cat kennel” means any lot, building, structure, enclosure or premises whereupon or wherein four or more cats over four months of age are kept or maintained for any purpose.

H. Director. The “director” means the chief animal control officer.

I. “Dog” means any dog of any age, female as well as male.

J. “Dog kennel” means any lot, building, structure, enclosure or premises whereupon or wherein four or more dogs over four months of age are kept or maintained for any purpose.

K. “Horse” includes mule, burro, pony, jack, hinny or jenny.

L. Impounded. If any animal pursuant to this chapter or any state statute has been received into the custody of animal shelter, such animal will have been “impounded” as that word is used in this chapter.

M. “Owner” means any person, firm or corporation having an interest in, or having control or custody or possession of, any animal.

N. “Person” includes any firm, partnership, corporation, trust or association or person.

O. “Pet shop” means any place of business where dogs under four months of age or cats, monkeys, birds, reptiles, fish or any other animals to be used as pets are kept for sale.

P. “Unlicensed dog” means any dog for which the license for the current year has not been paid, or to which the tag for the current year provided for in this chanter is not attached.

Q. “Wild animal” means any wild, exotic, dangerous or nondomestic animal, including but not limited to mammals, fowl, fish or reptiles. (Ord. 508 § 2, 1985; Ord. 377 § 1, 1977).

15.04.030 Animal control officer.

The office of the chief animal control officer is established. The chief animal control officer may be either a person, firm, association, corporation, another municipality or the county, as determined by the city council. The chief animal control officer shall serve for such period of time and shall receive such compensation as shall be established by ordinance, resolution or by contract executed by the city council. The chief animal control officer is authorized and directed to perform, in conjunction with and under the supervision of the city manager, the powers and duties bestowed in this chapter upon and required to be performed by the chief animal control officer. (Ord. 377 § 1, 1977).

15.04.040 Deputies.

Whenever a power is granted to or a duty is imposed upon the chief animal control officer or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this chapter expressly provides otherwise. (Ord. 377 § 1, 1977).

15.04.050 Police powers.

The chief animal control officer shall be vested with the necessary police powers and duties of a police officer for the exclusive purpose of enforcing the provisions of this chapter, and it shall be his duty to make arrests and issue citations for violations of any of the provisions of this chapter. The chief animal control officer shall enforce all of the laws of the city, county and state relating to the care, treatment, impounding or other condition of dumb animals and to the prevention of cruelty to dumb animals. The exercise of said police powers shall be under the direct supervision of the city manager. (Ord. 377 § 1, 1977).

15.04.060 License and tax powers.

The chief animal control officer, when so contracted for, shall be vested with the powers and duties of a license inspector and shall have the power to collect the license fees and to issue the animal licenses and tags prescribed in this chapter. (Ord. 377 § 1, 1977).

15.04.070 Duties.

It is made the duty of the chief animal control officer to enforce any other sections of this chapter whether enumerated as a duty or not. (Ord. 377 § 1, 1977).

15.04.080 Interference with duty.

No person shall rescue or attempt to rescue any animal mentioned in this chapter from the possession of the chief animal control officer nor interfere with the chief animal control officer or his deputies in the performance of their official duties. (Ord. 377 § 1, 1977).

15.04.090 Entering upon premises.

The director, his deputies, and any police officer are authorized to enter upon any premises upon which any animal is kept, for the purposes of taking up, seizing or impounding any animal found running at large, or staked, herded or grazing thereon, contrary to the provisions of this chapter, for the purpose of ascertaining whether such animal is licensed as provided in this chapter; or determining whether any regulation or law of the state relating to the care, treatment or impounding of dumb animals or to the prevention of cruelty to dumb animals is being violated, provided there is probable cause to believe there is such violation. (Ord. 508 § 3, 1985; Ord. 377 § 1, 1977).

15.04.091 Cruelty statutes.

It shall be the duty of the director to enforce those sections of the Penal Code of the state of California pertaining to the inhumane treatment of dumb animals, and to take possession of animals so abandoned or neglected, and care for or dispose of same as provided for in the Penal Code of the state of California or this chapter. (Ord. 508 § 4, 1985).

15.04.092 Spay and neuter clinic.

A. The director may establish a clinic, at which members of the public may have dogs and cats spayed or neutered in a humane manner upon payment of the fees established by the director.

B. A person submitting a dog or cat for the above service shall sign a consent form certifying thereon under penalty of perjury that he is the owner of the animals or setting forth facts showing that he is otherwise authorized to present the animal for the above operation and such person may be required to furnish proof of such ownership or authority. Such consent shall contain a waiver of any and all liability of the city, the director and any employees thereof for any injury or death to an animal arising out of the aforementioned operation or any services provided incidental thereto.

C. The director shall establish a return date by which a person submitting an animal for the above operation shall pick up the animal or be subject to a reasonable board and care fee to commence the day after such return date. Failure to pick up an animal within 15 days of the return date shall be deemed abandonment of such animal and the director may dispose of it by sale or destruction. (Ord. 508 § 5, 1985).

15.04.100 License and registration required.

No person owning, having an interest in, or having control, custody or possession of any dog shall fail, neglect or refuse to license and register such dog if over four months of age, in compliance with the terms of this chapter. (Ord. 508 § 6, 1985).

15.04.110 Exhibition of license.

No person shall fail or refuse to exhibit the registration of any animal required to be licensed by this chapter when required to do so by the director or any police officer. (Ord. 508 § 6, 1985).

15.04.120 Issuance of license tags and certificates.

A. A metallic tag and license certificate with corresponding numbers shall be furnished by the city clerk or designated representative, to any person required by this chapter to obtain a license upon payment of the appropriate fee prescribed in this chapter.

B. The city clerk shall keep a record of the name, address and telephone number of the owner of the dog or person making payment of the license fee, and to whom a certificate and tag is issued, and the number and date of such certificate. Such metal tag issued for the current license year shall be securely fastened to the collar or harness of the dog and shall be worn by such dog at all times other than those periods when confined to the owner’s house, enclosed yard or pen. A duplicate of a lost license tag may be procured from the city clerk upon proof of loss and payment of the required fee. (Ord. 508 § 6, 1985).

15.04.130 Time limit – License fee.

A. Any owner of a dog four months of age or older in the city shall obtain a dog license and pay an original license fee and a renewal license fee each year thereafter, except that the license fee for a spayed or neutered (altered) dog shall be one-half the normal fee. The owner has the burden of proof to show the dog has been altered.

B. Original license fees shall be due and payable within 30 days after any dog is acquired and comes into the care, custody and control of any person in said city. Renewal fees shall be due and payable on or before July 1st of each year. (Ord. 508 § 6, 1985).

15.04.140 Penalty fees.

A. Any person who fails to pay the required dog license renewal fee within 30 days of its due date shall pay, in addition to the renewal fee, a penalty of 50 percent of the renewal license fee.

B. Any person who fails to obtain an original license within 30 days after his owning any dog or any dog coming into his care, custody and control in this city shall pay, in addition to the original license fee, a penalty fee of 50 percent of the original license fee. (Ord. 508 § 6, 1985).

15.04.150 License fee exemptions.

No license fee shall be required for the following:

A. Seeing-eye dogs;

B. Dogs honorably discharged from the Armed Forces of the United States;

C. Dogs in the care, custody and control of nonresidents who are traveling through the city, or temporarily staying in the city for a period not exceeding 30 days or dogs temporarily brought into the city for the exclusive purpose of being entered in a bench show or dog exhibition, provided such dogs are so entered and not kept elsewhere in the city;

D. Dogs which are owned by any governmental agency. (Ord. 508 § 6, 1985).

15.04.160 Tag must be shown.

No person shall fail or refuse to show to the director or any police officer the license certificate and the tag for any duly registered dog kept or remaining within any home or upon any enclosed premises under his immediate control. (Ord. 508 § 6, 1985).

15.04.170 Removal of registration tags.

No unauthorized person shall remove from any dog any collar, harness, or other device to which is attached a registration tag for the current year or to remove such tag therefrom. (Ord. 508 § 6, 1985).

15.04.180 Counterfeiting tags.

No person shall imitate or counterfeit the tags required by this chapter, nor use any imitation or counterfeit of such tag. (Ord. 508 § 6, 1985).

15.04.190 Transfer.

No dog license is transferable. (Ord. 508 § 6, 1985).

15.04.200 Licensing requirement.

Every person applying for a dog license must exhibit a certificate issued by a person licensed by the state, or by any state or nation, to practice veterinary medicine, which certificate shall show that the dog for which the license shall be issued, either (A) has been vaccinated in accordance with the provisions of BGMC 15.04.300 and 15.04.310, or (B) should not be so vaccinated by reason of age, infirmity or other disability. Such exemption shall be valid for a period not to exceed one year. A license for any dog shall not be issued unless and until either such certificate is exhibited. The certificate of vaccination must be valid throughout the entire licensing period. (Ord. 508 § 6, 1985).

15.04.210 License fee a debt.

The amount of any license fees imposed by this chapter shall be deemed a debt to the city and any person keeping any animal without having obtained a license and registration certificate from the city shall be liable in an action in the name of the city in any court of competent jurisdiction for the amount of the license fees and penalties imposed and required by this chapter to be paid for the privilege of keeping such animal and it shall be the duty of the director to cause a complaint to be filed against any person violating any of the provisions of this chapter. Such action shall be cumulative and shall not be deemed a bar to, or a waiver of, the right of the city to prosecute any person for a violation of any applicable provision of this chapter. (Ord. 508 § 6, 1985).

15.04.300 Initial vaccinations.

A. Every person keeping, harboring or having a dog over the age of four months in the city shall cause such dog to be vaccinated with a type of rabies vaccine approved by the Los Angeles County health officer within a period of 30 days from the date such dog was harbored, kept or had within the city, or within 30 days from the date the said dog attains the age of four months; provided, however, that the aforesaid provision shall not apply so as to require the vaccination of any dog which has been vaccinated with an approved vaccine by a person licensed by the state of California, or by any other state or nation, to practice veterinary medicine where such vaccine has been completed within the period of time as hereinafter prescribed in this section.

B. If the dog’s vaccination was performed at an age of under 12 months, it must have been completed within one year prior to the date such dog was first kept, harbored or brought into the city. If the dog was last vaccinated at an age of over 12 months, it must have been completed within 36 months prior to the date such dog was first kept, harbored or brought into the city. (Ord. 535 § 1, 1987; Ord. 508 § 6, 1985).

15.04.310 Rabies revaccination.

Every person keeping, harboring or having in the city a dog which has received its initial rabies vaccination shall cause such dog to be revaccinated 12 months after the initial vaccination with an approved type of rabies vaccine. Such dog who has received vaccination after the initial vaccination or such dog who has received its initial vaccination over 12 months of age shall be revaccinated no sooner than 24 months with an approved type rabies vaccine. (Ord. 535 § 2, 1987; Ord. 508 § 6, 1985).

15.04.320 Rabies certificate.

Every person keeping, harboring or having in the city any dog required by this chapter to be vaccinated shall, at all times while such dog is thus kept, harbored or had, have in his possession a certificate issued by a person licensed by the state, or any other state or nation, to practice veterinary medicine, which certificate shall specify that such dog has been vaccinated in accordance with the provisions of BGMC 15.04.300 and 15.04.310. (Ord. 508 § 6, 1985).

15.04.400 Running at large prohibited.

It is unlawful for any person to allow their dog to defile any public or private property. No person owning, having interest in, harboring, or having charge, care, control, custody or possession of any dog:

A. Shall cause or permit such dog to be off the premises of its owner, unless such dog is securely confined by a strong leash of not exceeding six feet, securely and continuously held by a competent person owning, having an interest in, harboring or having charge, care, control, custody or possession of such dog, or unless such dog be confined within an enclosed vehicle.

B. Must curb said dog and immediately remove the feces and dispose of same in such a manner as approved by the county health department. The person owning, having an interest in, harboring or having charge, care, control, custody or possession of such dog shall have in his/her possession, carried in full view, a suitable wrapper, bag or container (other than articles of personal clothing) for the purpose of complying with the requirements of this section.

C. This section shall not apply to any dog being used for law enforcement purposes by any state, county, city or city and county law enforcement agency. (Ord. 819 § 1, 2009; Ord. 508 § 6, 1985).

15.04.410 Giving notice of captured animals.

Any person who captures an animal at large, as defined in BGMC 15.04.400, shall, within 24 hours, give notice to the director. Such notice shall include the following:

A. The fact that he has such animal in his possession;

B. The complete description of such animal;

C. The license number of such animal, if any, and by what county or municipal corporation issued. If such animal has no license, such person shall so state;

D. The place where such animal is confined.

Such person shall thereafter surrender the animal to the director upon request. (Ord. 508 § 6, 1985).

15.04.420 Running at large prohibited – Other animals.

No person owning or having control of any ox, steer, bull, cow, horse, colt, calf, sheep, goat, or any animal commonly referred to as a “wild species” shall:

A. Permit such animal to run at large in the city;

B. Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park or other public area;

C. Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any private property within the limits of the city, without the consent of the owner or occupant of such property, or in such a way as to permit any such animal to trespass upon any street or public place or upon any such private property;

D. Permit any such animals to be or remain during the nighttime secured by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal, or by securely fastening such animal by means of a rope, or chain of sufficient size, strength and weight to effectively restrain such animal; or

E. Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise. (Ord. 508 § 6, 1985).

15.04.430 Running at large prohibited – Fowls and rabbits.

It is declared to be a nuisance and no person shall suffer or permit any rabbits and/or permitted birds and/or fowl, owned or controlled by him or it, to run or fly at large or to go upon the premises of any other person in the city. (Ord. 508 § 6, 1985).

15.04.440 Running at large prohibited – Monkeys – Miscellaneous animals.

A. No person owning or having control of any monkey, ape, chimpanzee, or other animal of the monkey type shall permit, allow or suffer such animal to run at large within the city or permit, allow or suffer such animal to be or go upon any street or public place within the city without having such animal securely fastened by an adequate chain or rope, firmly held by or attached to a competent person.

B. Such animal shall be deemed and considered as running at large, within the meaning of the expression as herein used, when not confined within an enclosure or when not securely tied or chained. (Ord. 508 § 6, 1985).

15.04.450 Running at large prohibited – Wild or vicious animals.

A. No person owning or having charge, custody, control or possession of any animal or reptile known by such person to be vicious or dangerous, or commonly so known, or owning or having charge, custody, control or possession of any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat, puma, cheetah, or any animal commonly referred to as a “wild species” or any poisonous reptile, shall permit or allow the same to be at large upon any highway, street, lane, alley, court, or other public place or upon any private property other than within the enclosed premises of such person.

B. Any dog having a disposition or propensity to attack or bite any person or animal without provocation is defined as a “wild or vicious animal.” The director shall notify the owner or harborer in writing to keep such animal within a substantial enclosure or securely attached to a chain or any other type of control which is reasonably adequate under the circumstances. If such restraint is impossible or impracticable, such animal shall be impounded until the owner or harborer is able to comply with the director’s order. If, upon receiving the written notification, the owner or harborer fails to provide adequate restraint or control of the animal as ordered by the director within a reasonable time, the animal shall be subject to summary destruction.

C. Where the official records of the director indicate a dog has bitten any person or persons or animal on two or more separate occasions, it shall be prima facie evidence that the dog is a wild or vicious animal. (Ord. 508 § 6, 1985).

15.04.500 Animal shelter provided.

There shall be provided by the city or by the director upon such terms and conditions as shall be named in a contract executed by and between the director and the legislative body of the city, a suitable building or enclosure to keep and safely hold all animals herein enumerated which are subject to be impounded, which shall be known and designated as the “animal shelter.” (Ord. 508 § 6, 1985).

15.04.510 Impounding at animal shelter.

It shall be the duty of the director to take up, impound and safely keep any of the animals enumerated in this chapter found running at large, staked, tied or being herded or pastured in any street, lane, alley, court, square, park or other place belonging to or under the control of the city, or upon any private property in the city, contrary to the provisions of this chapter. (Ord. 508 § 6, 1985).

15.04.520 Care of animals.

When any animal is to be impounded, it shall be provided with proper and sufficient food and water by the director for a period of at least five working days, or such longer period as may be provided hereinafter. (Ord. 508 § 6, 1985).

15.04.530 Reclaiming of animals.

The owner of any animal impounded shall have the right to reclaim the same at any time prior to the sale thereof upon payment to the director of the costs and charges for impounding and keeping the animals. (Ord. 508 § 6, 1985).

15.04.540 Destruction of impounded unfit animals.

It shall be the duty of the director to issue and sign a death warrant for and to order the destruction of any animal lawfully taken into custody, which in the opinion of the director is infected with a dangerous or communicable disease, or which is in an incurable crippled condition, or which is adjudged by a written report of a licensed veterinarian to be afflicted with any painful incurable disease. (Ord. 508 § 6, 1985).

15.04.550 Impounding and quarantine.

It shall be the duty of the director to take up all dogs found in violation of BGMC 15.04.400. When such dog is taken up, it shall be delivered to the director. (Ord. 508 § 6, 1985).

15.04.560 Fee for recovery of dog or cat.

Subject to the other provisions of this chapter, any person may make application to the director for the return of any dog or cat, and upon presentation of proof satisfactory to the director that such person is the owner or is rightfully entitled to the possession of such dog or cat, may recover such dog or cat upon the payment of the required fee. (Ord. 508 § 6, 1985).

15.04.570 Release requirement.

Prior to the release of any dog from the animal shelter to its owner, proof of rabies vaccination shall be required. If owner fails to show proof, the veterinarian on duty shall administer such vaccination for such fee as shall be established by the director. (Ord. 508 § 6, 1985).

15.04.580 Minimum period of impounding dog.

All licensed dogs impounded at the animal shelter shall be provided with proper and sufficient food and water by the director for a period of at least 10 calendar days after written notice is given to the owner, and all unlicensed dogs for a period of at least five working days. Deposit of a letter of impoundment with the United States Postal Service shall constitute written notice. (Ord. 508 § 6, 1985).

15.04.590 Minimum period of impounding cat.

All cats impounded at the animal shelter shall be provided with proper and sufficient food and water by the director for a period of at least 10 days after written notice is given to the owner for cats displaying some type of identification. Cats without identification shall be held for at least five working days after which time these cats may be destroyed, except that cats determined by the director to be wild may be disposed of by the director upon impoundment. (Ord. 508 § 6, 1985).

15.04.600 Sale of impounded dogs and cats – Summary destruction.

Dogs and cats not redeemed may be sold by the director to the person offering to pay the highest cash amount thereof; provided, that the purchaser shall not be given possession of any such dog or cat until he shall have paid to the director the charges prescribed for such dog or cat. If any dog or cat, impounded by the director, shall not have been redeemed within such periods, and cannot be sold within a reasonable time thereafter, it may be summarily disposed of, for which the director is responsible, in some humane way as prescribed by the policy-making board. The director shall file at the animal shelter a full description of each dog and cat impounded therein, for the period beginning on the day any such dog and cat is taken or delivered into the possession of the director. (Ord. 508 § 6, 1985).

15.04.700 Notification required regarding rabid dog.

It is unlawful for any person having knowledge of the whereabouts of an animal known to have or suspected of having rabies or has shown symptoms of rabies to fail, refuse or neglect to immediately notify the director, or to fail, refuse or neglect to allow the director to make an inspection to the satisfaction of the official that such animal has or has not rabies. The director shall likewise be notified of any person bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies. (Ord. 508 § 6, 1985).

15.04.710 Knowledge of bite – Duty to report.

Whenever any person having charge, care, control, custody or possession of any dog has knowledge that such dog has bitten any person, the persons having charge, care, control, or custody or possession of such dog shall report the fact in writing forthwith to the director. The report shall state the name and address of the person bitten and the time and place such person was bitten. (Ord. 508 § 6, 1985).

15.04.720 Dogs and other animals to be quarantined for 10 days.

Whenever it is shown that any dog or other animal has bitten any person, no owner or person having the custody or possession thereof, upon order of the director, any police officer, or the health officer, shall fail, refuse or neglect to quarantine such animal and keep it securely confined on a chain or in a closed cage or paddock for a period of 10 days, or shall fail, refuse or neglect to allow the director to make an inspection or examination thereof at any time during said period. No such dog or animal shall be removed without written permission of the director, any police officer or the health officer or his deputies. (Ord. 508 § 6, 1985).

15.04.730 Quarantine of dog used by law enforcement agency.

Notwithstanding any other provision in this chapter, a dog used by any state, county, city or city and county law enforcement agency shall not be quarantined after biting any person if such bite occurred while the dog was being used for any law enforcement purpose. The law enforcement agency shall make the dog available for examination at any reasonable time. The law enforcement agency shall notify the local health officer if the dog exhibits any abnormal behavior. (Ord. 508 § 6, 1985).

15.04.740 Quarantine of guide dog serving blind master.

Notwithstanding any other provision of this chapter, a guide dog serving a blind master shall not be quarantined, in the absence of evidence that he has been exposed to rabies, unless his master fails:

A. To keep him safely confined to the premises of the master;

B. To keep him available for examination at all reasonable times. (Ord. 508 § 6, 1985).

15.04.750 Rabies – Bites to animals.

Whenever it is suspected that any animal shall have been bitten by another animal having or suspected of having rabies, all rules and regulation under BGMC 15.04.720 shall apply where applicable, substituting the word “animal” for “dog.” (Ord. 508 § 6, 1985).

15.04.800 Spaying or altering required.

The animal shelter shall not sell or give away any female cat more than six months of age that has not been spayed, or any male cat of more than six months of age that has not been altered. The animal shelter shall not sell or give away any cat less than six months of age unless the cost of spaying or altering such cat has been deposited in trust with the director for payment to a veterinarian or spaying or altering clinic designated by the person purchasing or receiving the cat. The deposit shall be refunded to the owner upon proof of sterilization. (Ord. 508 § 6, 1985).

15.04.805 Dog feces.

No owner or person having charge, custody or control of any dog shall permit, either willfully or through failure to exercise due care to control, any such dog to defecate and to allow such feces thereafter to remain on any public sidewalk or park or any other public property, or on any improved private property other than that of the owner or person who has custody or control of such dog; provided, however, that the foregoing shall not apply to public or private street gutters. (Ord. 508 § 6, 1985).

15.04.810 Artificial treatment.

No person shall dye, color, or otherwise artificially treat any rabbit, baby chick, duckling or other fowl. (Ord. 508 § 6, 1985).

15.04.815 Sale of young.

No person shall display, sell, offer for sale, or barter to give away any rabbit, baby chick, duckling or other fowl which has been dyed, colored or otherwise artificially treated. (Ord. 508 § 6, 1985).

15.04.820 Sanitary maintenance of animals.

Every person owning or occupying premises where any animal, fowl or bird is kept shall keep the stable, barn, stall, pen, coop, building or place in which the animal is kept in a clean and sanitary condition. (Ord. 508 § 6, 1985).

15.04.825 Veterinarian’s notice of death of animals.

Every person owning or operating any veterinary hospital or other establishment for the treatment of animals shall give written notice to the owner of any such animal left in the hospital or institution for treatment, of the death of such animal, provided the name and address of the owner has been filed in the office of the veterinary hospital or other institution. (Ord. 508 § 6, 1985).

15.04.830 Carcass of animal.

It is declared to be a nuisance and no person shall cause, suffer or permit the carcass of any animal to remain upon any lot, premises or place owned, controlled or occupied by him or it for a period of more than 24 hours, or to bury the carcass of any animal upon any premises owned, controlled or occupied by him or it in the city. (Ord. 508 § 6, 1985).

15.04.835 Animals in stores or conveyances.

No person shall bring any dog, cat or other live animal or permit any dog, cat or other live animal to be brought into or remain in any room or place, other than a private home where food is not handled for commercial purposes, in which meat, fish, game, poultry, fruit, vegetables, bakery goods or any other food or food product is stored, kept, held, prepared, exposed or offered for sale, or sold for human consumption, or permit any dog, cat or other live animal to ride upon or get into or upon any wagon, or other vehicle in which any such articles offered or to be offered for sale for human consumption are being kept or transported; provided, however, that the provisions of this section shall not apply to a dog trained to guide the blind. (Ord. 508 § 6, 1985).

15.04.840 Transporting animals in motor vehicles.

No person shall transport any animal on the running board of any motor vehicle or outside the passenger compartment, tonneau or body thereof, unless such animal is protected by a framework or other device which will prevent such animal from falling off, jumping or being thrown from such motor vehicle whether in motion or not. (Ord. 508 § 6, 1985).

15.04.845 Keeping diseased animals prohibited – Exception.

No person shall keep any animal which is known or believed by him to be infected with any dangerous or communicable disease, or which is afflicted with any painful disease believed by him to be incurable, without a permit to do so from the health officer of the city, or other person(s) designated by the city. (Ord. 508 § 6, 1985).

15.04.850 Noisy animals.

It is declared to be a nuisance and no person shall keep, maintain or permit upon any lot or parcel of land within the city under his control any animal or animals, including any fowl or fowls, which by any sound or cry shall interfere with the comfortable enjoyment of life or property by an individual. (Ord. 508 § 6, 1985).

15.04.855 Traps prohibited.

No person shall set or use any spring steel trap, No. 1 or larger, in the city (this section shall not prohibit the use of gopher traps). (Ord. 508 § 6, 1985).

15.04.860 Slaughter of animals.

No person shall, within this city, willfully slaughter or cause to be slaughtered any cattle, calf, horse, mule, sheep, swine or goat or any other animal. This section shall not apply to the slaughter of such animals within an educational institution, physician’s office or laboratory for medical research or other scientific purposes, to the slaughter of such animals by a person licensed by the state to practice veterinary medicine or by any commercial establishment duly licensed by the city and the United States Department of Agriculture as a slaughterhouse. (Ord. 508 § 6, 1985).

15.04.870 Breeding of dogs and dog kennels.

No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him or it any dog, male or female, kept mainly for breeding purposes, except within properly zoned property and then only in an approved kennel. (Ord. 508 § 6, 1985).

15.04.875 Breeding of cats and cat kennels.

No person shall keep or maintain or suffer or permit to be kept or maintained upon any premises owned or controlled by him any cat, male or female, kept mainly for breeding purposes, except within properly zoned property and then only in an approved kennel. (Ord. 508 § 6, 1985).

15.04.880 Cat or dog breeding permit.

Any person owning or having control, custody, charge or possession of any cat or dog for breeding purposes shall secure a cat or dog breeding permit from the director. The fee for the cat or dog breeding permit shall be established by the director. Any kitten or puppy sold from a litter for a profit over and above the cost of advertising, if any, shall be prima facie evidence of cat or dog breeding. (Ord. 508 § 6, 1985).

15.04.885 Cat kennels.

In any portion of the city, no person shall establish, keep or maintain, or suffer or permit to be established, kept or maintained, upon premises owned or controlled by him in the city, any cat kennel, except within properly zoned property and then only in an approved kennel. (Ord. 508 § 6, 1985).

15.04.890 Optional identification license for cats.

In order to provide a method for identifying cats, a license may be obtained. This section shall not require the licensing of cats, but merely provides for their optional licensing. (Ord. 508 § 6, 1985).

15.04.900 Keeping wild or vicious animal within or upon own premises.

No person owning or having charge, custody, control or possession of any animal, reptile or serpent described in BGMC 15.04.450 shall allow such animal, reptile or serpent within the enclosed premises of such person unless and until he has first secured a permit to do so and complies with all terms and conditions of such permit and, in addition thereto, such animal, reptile or serpent shall at all times be so confined, controlled and restrained in such manner so the life, limb or property of any person lawfully entering such premises shall not be endangered. (Ord. 508 § 6, 1985).

15.04.905 Permit for wild or vicious animal.

Except as hereinafter provided, no person shall have, keep, maintain or have in his possession or under his control within the city any animal or reptile described in BGMC 15.04.450 without first applying to and receiving a permit from the director to do so. (Ord. 508 § 6, 1985).

15.04.910 Application for permit.

An application for the permit required pursuant to BGMC 15.04.905 shall be made to the director in writing and upon a form furnished by the director if so required. The application shall be verified by the person who desires to have, keep, maintain or have in his possession, or under his control, in the city, the animal or reptile for which a permit is required, and shall set forth the following:

A. Name, address and telephone number of the applicant;

B. The applicant’s interest in such animal or reptile;

C. The proposed location, and the name, address and telephone number of the owner of such location, and of the lessee, if any;

D. The number and general description of all animals or reptiles for which the permit is sought;

E. Any information known to the applicant concerning vicious or dangerous propensities of all such animals or reptiles;

F. The housing arrangements for all such animals or reptiles with particular details as to safety of structure, locks, fencing, etc.;

G. Safety precautions proposed to be taken;

H. Noises or odors anticipated in the keeping of such animals or reptiles;

I. Prior history of incidents involving the public health or safety involving any of the animals or reptiles;

J. Any additional information required by the director at the time of filing such application or thereafter. (Ord. 508 § 6, 1985).

15.04.915 Permit fee.

The fee for a permit application for wild or dangerous animals shall be established by the director. The fee shall be payable to the director at the time of filing the permit application. Accretions by natural birth shall not require additional permits during the period of a valid permit. The fees are not refundable regardless of whether or not any permit is issued. (Ord. 508 § 6, 1985).

15.04.920 Review of application for permit.

Copies of any application for the permit required by BGMC 15.04.910 shall be sent by the director to the law enforcement agency, planning department, and to any other department or agency from which information is sought, and no permit shall be granted without receipt of a report from the departments or agencies to which copies of the application have been sent, unless waived by the city manager for good cause. (Ord. 508 § 6, 1985).

15.04.925 Appeal of permit application denied.

A. Any person dissatisfied with the ruling of the director may, within 10 days thereafter, appeal from the decision to the city council; such appeal shall be a simple statement in writing setting forth in common terms the basis of the appeal.

B. An appeal fee, as established by the director, shall be required for each appeal to the city council. No appeal shall be placed on the agenda of any meeting of the city council until such fee has been paid. (Ord. 508 § 6, 1985).

15.04.930 Permit denied – Endangering the public.

No permit shall be granted except with the conditions attached as shall, in the opinion of the person or agency approving such permit, reasonably ensure the public health, safety and general welfare, and no permit shall be granted in any event for any animal, reptile or serpent at any particular location except upon an explicit finding by the person or agency approving such permit that the issuance thereof will not be contrary to the public health, safety and general welfare. (Ord. 508 § 6, 1985).

15.04.935 Temporary permits.

The director may, following application for a permit and pending final disposition of the same, grant a temporary permit for the maintenance within the city of any such animal or reptile upon such conditions as he shall, in his sole discretion, require when, in his opinion, there is no reasonable doubt as to the consistency thereof with the public health, safety and general welfare, but no animal or reptile shall be otherwise kept or maintained within the city or permitted to occupy any premises within the city, except while such a regular or temporary permit is in full force and effect. (Ord. 508 § 6, 1985).

15.04.940 Result of failure to obtain permit.

The director shall take possession of any animal or reptile described under BGMC 15.04.450 for which a permit has not been issued, or if previously issued has been revoked, and keep the same until the proper permit has been secured by the owner thereof and shall release the same to the owner when all fees and costs have been paid and all laws and permit conditions complied with. (Ord. 508 § 6, 1985).

15.04.945 Term and renewal of permits.

No permit required by this chapter shall be granted for a period in excess of one year. An application for renewal of any permit shall be made not less than 45 days prior to the expiration thereof, and shall be accompanied by the same fee as required upon making the original application or the payment of a lesser fee when, in the opinion of the director, the public health, safety and general welfare do not require further investigation prior to such renewal. (Ord. 508 § 6, 1985).

15.04.950 Revocation of permits.

The director may, for good cause, revoke any permit or modify any terms or provisions thereof, except such permits as have been approved by the planning commission or city council, after informal public hearing, and may, in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, suspend any permit or portion thereof without hearing for a period not to exceed 30 days. (Ord. 508 § 6, 1985).

15.04.955 Appeal of permit revocation.

Any person aggrieved by such action may, upon payment of an appeal fee, have such action reviewed by the city council, but the filing of an appeal shall not stay any order of suspension. (Ord. 508 § 6, 1985).

15.04.960 Exception for transportation of animals through city.

The permit requirements of this chapter shall not apply to any person so keeping or maintaining or having in his possession or control any animal or reptile defined in BGMC 15.04.450 when such person is transporting such animal or reptile through the city, has taken adequate safeguards to protect the public, and has notified the local law enforcement agency of the proposed route of transportation and time thereof. (Ord. 508 § 6, 1985).

15.04.965 Exemption from permit requirements.

The permit requirements of BGMC 15.04.900 et seq. shall not apply to animals which are kept confined in any public zoo, museum, circus, carnival, exhibition or show. (Ord. 508 § 6, 1985).