Chapter 5.10 DOGS*

The city council hereby enacts regulations, establishes procedures for dog control, and provides for penalties. The city council hereby authorizes delegation of enforcement of this article to a city employee and/or organization to enter into an agreement with an individual or agency to enforce this article. [Ord. 308 § 1, 1996]

5.10.020 Registration required.

All dogs kept or brought into the city of Biggs that are four months old or older shall be registered by the owner within 30 days of the entry of the dog into the city by its owner. Owners of dogs are in violation of this article if his or her dog is not properly licensed at all times. [Ord. 308 § 3, 1996]

5.10.030 License requirements.

Licenses shall be obtained from the city clerk of the city of Biggs and shall run on an annual basis and thereafter shall be renewed each and every year upon expiration of the license. A fee for registration shall be charged for each dog not castrated, spayed or which is not otherwise sexually altered so that they cannot reproduce offspring. A different fee shall be charged for registration for each dog that has been castrated, spayed or sexually altered so that it cannot reproduce offspring. Upon initial registration a certificate from a licensed veterinarian is required by the clerk before registering an altered dog, attesting to the fact that the dog cannot reproduce offspring. No registration or fee shall be required for guide dogs for the blind, or dogs for the hearing impaired. [Ord. 308 § 4, 1996]

5.10.040 Late registration.

A penalty shall be charged for each late registration or late renewal equal to double the established charge. [Ord. 308 § 5, 1996]

5.10.050 Tags.

The registration of the animals shall be at the office of the city clerk. Upon paying the requisite fee, the owner will be given a tag which must be fastened to the dog’s collar. The clerk shall keep applications and registration documents on file. [Ord. 308 § 6, 1996]

5.10.060 Impoundment.

The city will enforce the leash ordinance (Article II of this chapter), and all dogs not confined to their owner’s premises shall be on a leash as set forth therein. Dogs found at large in violation of the leash ordinance will be impounded in accordance with the terms of that ordinance.

(1) The city shall hold in isolation any dog that is rabid, suspected of being rabid or has bitten a person as per Sections 1900 through 1920 of the State of California Health and Safety Code (Rabies Control) and Sections 2606 through 2608.8 of Title 17 of the California Administrative Code.

(2) The owner must claim the dog within 72 hours after impoundment, after paying impounding, boarding and feeding fees, obtaining a license, and showing proof of a current rabies vaccination.

(3) If the owner of an impounded dog is known, the city will notify the owner of the impoundment and of the regulations for reclaiming the animal. If an animal is not claimed after 72 hours, it may be disposed of. [Ord. 308 § 7, 1996]

5.10.070 Dead – Disposal.

The city shall dispose of dead dogs and may charge a fee for disposal. [Ord. 308 § 8, 1996]

5.10.080 Anti-rabies vaccination.

Every dog over four months old must have a canine anti-rabies vaccination. Such vaccination shall be by a licensed veterinarian and shall be at the intervals of time as required by law. [Ord. 308 § 9, 1996]

5.10.090 Rabies control program.

The city clerk is charged with providing a rabies control program in conformance with the requirements of the state of California and the Butte County health department by providing vaccination clinics at strategic locations in the city or county not less often than annually. Dog owners can, at their option, have their dog or dogs vaccinated by a licensed veterinarian of their choice. [Ord. 308 § 10, 1996]

5.10.100 Public clinics.

Public clinics shall be operated under antiseptic conditions comparable to those used in the vaccination of human beings. [Ord. 308 § 11, 1996]

5.10.110 Young dogs.

All dogs under four months of age shall be confined to the premises of, or kept under physical restraint by, the owner or keeper. This article shall not be construed to prevent the sale or transportation of a puppy four months old or younger. [Ord. 308 § 12, 1996]

5.10.120 Number limitations.

No family or person, or group of persons, may own or control, or have in their possession, at any one street address within the city limits of the city of Biggs more than a total of three dogs. If a person owns or controls more than three dogs in a single location, this is deemed to be a kennel and a kennel license is required. A use permit must be obtained before a kennel license is issued. Approval of the use permit will include specific regulations, restrictions and conditions as deemed appropriate, including conforming to the state and county health department regulations and payment of license fees. [Ord. 308 § 13, 1996]

5.10.130 Interference with enforcing officers.

It shall be unlawful to interfere with, oppose, or resist any authorized person who is enforcing or taking custody of dogs under this article. Authorized persons may go upon private property for the purpose of enforcing this article or to take custody of dogs. Authorized persons other than peace officers shall wear a badge and have identification upon their persons. [Ord. 308 § 14, 1996]

5.10.140 Fees and charges.

The city council shall establish fees and charges for controlling dogs and other animals as set forth herein by resolution and shall be amended from time to time as determined by the city council. [Ord. 308 § 15, 1996]

5.10.150 Violations.

Violation of this article shall be deemed as an infraction and shall be punishable as such. [Ord. 308 § 16, 1996]

Article II. Running at Large

5.10.160 Prohibited.

No owner or keeper of a dog shall allow or permit such dog whether licensed or unlicensed to be or run at large within the city of Biggs in or upon any public place or premises, or in or upon any private place or premises other than those of said owner or keeper, except with the consent of the person in charge of said private place or premises unless such dog is securely restrained by a substantial leash, not to exceed six feet in length and is in charge and control of a person competent to keep such dog under effective charge and control. For the purposes of this section any dog in or upon any vehicle shall be deemed to be on the premises of the operator thereof. [Ord. 151 § 1, 1966]

5.10.170 Nuisances.

No owner or keeper or person having custody or control of any dog shall allow or permit such dog to commit a nuisance on any public property or any improved private property other than that of the owner or keeper or person who has accepted custody or control of such dog; provided, that the foregoing shall not apply to street gutters outside of pedestrian ways. It shall be the duty of all persons having control of such dog to curb such dog in order to carry out the intent of this section. [Ord. 151 § 2, 1966]

5.10.180 Impoundment authorized.

It shall be unlawful to interfere with, oppose or resist any authorized person who is collecting for impounding dogs under the provisions of this article, and such authorized persons may go upon private property for the purpose of enforcing this article or collecting or impounding dogs. Any such authorized person other than a peace officer shall wear a badge. [Ord. 151 § 3, 1966]

5.10.190 Enforcement – Citations.

It shall be the duty of any police or other authorized person to enforce this article, but in addition to the impounding of said dog the owner of such licensed or unlicensed dog who is running at large may be cited to appear by citation giving the license number of said dog if licensed and directing owner to appear before a court of proper jurisdiction for violation of this article. [Ord. 151 § 4, 1966]

5.10.200 Violations.

Any person who violates any of the provisions of this article shall be guilty of an infraction, if he is found guilty of an infraction he shall pay a fine of not less than $10.00 for each violation. [Ord. 206 § 1, 1977; Ord. 151 § 5, 1966]

5.10.210 Fees.

Any dog found running loose in violation of this article shall be impounded and the fees charged by the impounding authorities shall be paid before said dog is released and if said dog is not claimed within the time limits provided under the impounding ordinance said dog shall be disposed of. [Ord. 151 § 6, 1966]

Article III. Nuisances

5.10.220 Designated.

The following specific acts and conditions committed by a dog within the city limits of the city of Biggs are hereby declared to be unlawful and to constitute a public nuisance, and the owner or person having possession, custody or control of a dog committing any of the following shall be subject to the penalties provided hereafter:

(1) Being in or upon any public or private school grounds except when authorized by appropriate school officials;

(2) Annoying, harassing, nipping, mauling or biting any person or persons;

(3) A female dog in breedable condition (in heat) being within the city, except when confined in or upon the premises of its owner or custodian;

(4) Damaging or destroying any property or thing of value;

(5) Creating a disturbance in a neighborhood by howling, barking or making unusual noises;

(6) Committing excretion (feces or urine) on private property other than the property of its owner or custodian. [Ord. 270 § 1, 1985]

5.10.230 Prohibited.

No owner or person having the possession, custody or control of a dog within the city of Biggs shall allow or permit such dog to commit a nuisance (excretion of body substances (feces or urine)) upon any public or any private property; provided, that this shall not apply to street gutters outside of pedestrian ways, it being the intent of this section that it shall be the duty of all persons having control of a dog to curb such dog when necessary. [Ord. 270 § 2, 1985]

5.10.240 Abatement.

(1) When any condition prohibited above is found to exist, the poundmaster or other authorized person may, except when such condition occurs on the owner’s premises, impound such dog in the animal control shelter, and the city attorney and district attorney, after review and investigation of the condition, are authorized to institute abatement proceedings against the owner of such dog in the manner provided by law.

(2) If any such condition occurs on the owner’s premises, the city attorney and the district attorney, after review and investigation, are authorized to institute abatement proceedings against the owner of such dog in the manner provided by law.

(3) The remedy herein provided is nonexclusive and may be pursued singularly or concurrently with any penal process provided for any provision of this article. [Ord. 270 § 3, 1985]

5.10.250 Penalty for violations.

Any person violating any provision of this article shall be guilty of an infraction, punishable by a fine or fines of not less than $50.00 for the first offense occurring during any license year; of not less than $100.00 for a second offense during any license year; and of not less than $200.00 for a third or subsequent offense occurring in said license year. [Ord. 305 § 5, 1996; Ord. 270 § 4, 1985]

Chapter 5.10DOGS*

5.10.010 Authorization.