Chapter 6.04
GENERAL PROVISIONS
Sections:
6.04.030 Prohibition of slaughtering.
6.04.040 Disposal of dead animals.
6.04.050 Retention of animal without consent.
6.04.060 Appeal of administrative decisions.
6.04.070 Applicability of state laws.
6.04.010 Purpose.
The purpose of this title is to establish standards for the care, ownership, licensing, treatment and impounding of animals maintained in the city in such a manner as to ensure that such animals will not endanger the health, peace and safety of the residents of this city and that animals are kept in a clean, sanitary condition and not subjected to suffering, cruelty or abuse. (Ord. 07-72 § 4).
6.04.020 Definitions.
For the purpose of this title, unless it is plainly evident from the context that a different meaning is intended, certain terms used are defined as follows:
“Altered” means a dog or cat that has been spayed or neutered.
“Animal” means any (1) arthropod or (2) vertebrate creature, domestic or wild, and includes these categories: birds, fish, mammals, amphibians and reptiles.
“Animal control department” or “department” means, collectively, the personnel of the police department charged with implementing and enforcing the provisions of this title.
“Animal control director” (“director”) means the police department patrol division commander who oversees and supervises the animal control function of the city or such person with whom the city has contracted to oversee the city animal shelter, including field animal control operations, and kennel and office operations.
“Animal control officer” means any person appointed by the police chief to assist in implementing and enforcing the provisions of this title. “Animal control officer” includes, without limitation, a code enforcement officer, peace officer, and any other person authorized by the police chief or employed by the city to implement and enforce the provisions of this title.
“Animal shelter” means the place or places designated by the city as a place for the keeping and safe holding of animals impounded pursuant to this title.
“Apiary” includes bees, comb, hives, appliances, or colonies, or wherever bees are kept, located or stored.
“At large” means any animal which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by leash of a size and material appropriate to the size and temperament of the animal and which is held by a person capable of restraining the animal, or is not otherwise physically restrained by some other device or instrument, except that such device or instrument shall not include voice control, eye control or signal control of the animal by any person, device or instrument, except with respect to a canine good citizen certified dog.
“Commercial animal establishment” includes, without limitation, a breeding or boarding kennel or cattery, pet shop, pet grooming parlor, commercial stable, riding academy, pony ride, guard-dog and/or sentry-dog service, animal menagerie, animal shelter, or miscellaneous animal or reptile establishment. For the purpose of this title, guard-dog and/or sentry-dog services located outside the city, but providing service within the city on a regular basis, shall be included within the definition of commercial animal establishment.
“Dog kennel” means any building or premises upon or within which five or more dogs, four months of age or older, are kept or maintained.
“Dog park” or “off-leash area” means the area of a city-owned or controlled park or area designated for off-leash use for dogs by the resolution of the city council.
“Enclosure” means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment or hutch.
“Hearing officer” means any designated representative of the city manager who conducts a hearing under BMC 6.28.110.
“Humane society” means the Benicia Vallejo Humane Society or Friends of Animals or other similar local organizations.
“Impound” or “impounded” means the status of an animal which has been received into the custody of an animal control officer or peace officer duly authorized by the law to receive custody of such animal, whether held in personal custody of the officer, in an animal shelter, or in a vehicle controlled by such officer.
“Miniature pig” or “miniature pot-bellied pig” means a cloven-hoofed animal including, but not limited to, tea cup pigs, micro pigs, Juliana, Vietnamese, Chinese, or Asian pot-bellied pig which is domesticated and which is not a farm pig or hog.
“Operator” means the legal owner or person in actual control of any activities involving animals.
“Owner” means any person who is the legal owner, keeper, harborer, possessor or the custodian of an animal. Ownership is also established by a person registering as the owner on a license or other legal document or by a person claiming ownership and taking possession of an animal.
“Permanently non-fertile dog” means a dog that (1) has not been spayed or neutered, and (2) has been certified by a licensed veterinarian as a dog that cannot reproduce during its remaining life because of age or a permanent health condition.
“Person” means any individual, firm, partnership, joint venture, corporation, association, club, organization or other legal entity.
“Secure enclosure” means a fence or structure suitable to prevent the entry of young children or any part, limb or appendage of any child, and which is suitable to confine a potentially dangerous animal or a dangerous animal in conjunction with other measures which may be taken by the owner or keeper of the animal, or at the direction of the animal control director. A secure enclosure shall be designed to prevent the animal from escaping and from preventing an adult or child from coming in contact with the animal.
“Service dog” means any dog trained to aid a physically disabled person, including without limitation a guide dog and a signal dog.
“Substantial physical injury” means a substantial impairment of the physical condition of a person or animal that requires professional medical treatment, including, but not limited to: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, tissue tears or punctures, disfiguring lacerations, wound requiring multiple sutures, or any injury requiring corrective or cosmetic surgery.
“Unaltered dog” means any dog other than a permanently non-fertile dog that has not been spayed or neutered.
“Wild animal” means any animal which may not be imported, transported or possessed without first obtaining a California Department of Fish and Game permit, as set forth in Title 14 of California Code of Regulations, section 671, or its successor regulations. (Ord. 17-09 § 1; Ord. 17-06 § 1; Ord. 07-72 § 4).
6.04.030 Prohibition of slaughtering.
Slaughtering of animals within the city limits is strictly prohibited, unless it takes place in a licensed restaurant for the purpose of food preparation. (Ord. 07-72 § 4).
6.04.040 Disposal of dead animals.
A. An owner may bury a dead animal or part thereof, within six hours after the death of same, provided the animal is buried on private real property with the knowledge and consent of the property owner and provided the animal is buried in a hole at least three feet deep with at least three feet of soil above said carcass.
B. An owner of a deceased animal may notify the department and request pick up and disposal of said carcass. It shall be the duty of the department to take custody of all dead animals from the owner when requested. A pick-up and disposal fee in an amount established by resolution of the city council may be charged for such service.
C. The department shall be responsible for the disposal of all dead animals whose ownership cannot be established.
D. Whenever the department picks up a deceased animal whose ownership is or may be readily established, the owner shall be notified and a notice shall be posted at the city animal shelter giving such information in an easily visible location. This section shall not apply when the department picks up a deceased animal at the request of the owner. (Ord. 07-72 § 4).
6.04.050 Retention of animal without consent.
No person shall take possession of any animal found running at large without notifying the director, or his designee, within 12 hours after receiving possession, giving a full description of the animal and the address and phone number of the place where the animal may be found. Such person, upon the request of the director or his designee, shall surrender such animal. (Ord. 07-72 § 4).
6.04.060 Appeal of administrative decisions.
Unless otherwise provided herein, any person aggrieved by any administrative decision made under this title may, upon the payment of a fee to be established by resolution of the city council, appeal the determination to a hearing officer pursuant to the provisions of Chapter 6.48 BMC. (Ord. 07-72 § 4).
6.04.070 Applicability of state laws.
The provisions of all applicable state laws and regulations relating to animal health, control and care, shall apply when such provisions are more stringent than the provisions of this title. (Ord. 07-72 § 4).
6.04.080 Penalties.
Except for violations of Chapter 6.28 BMC, any violation of this title shall be an infraction. Each day or part thereof when any violation of this title shall continue shall constitute a separate offense. (Ord. 07-72 § 4).