Chapter 6.04 ANIMAL CONTROL

1. “Commercial kennel” means any lot, building, structure, enclosure or premises whereupon five or more dogs over the age of four months are kept, whether in special buildings or runways or not, other than those dogs used in herding of farm animals incidental to agricultural purposes on the premises.

2. “Domestic animal” means any bovine animal, horse, mule, burro, sheep, swine, chicken or other valuable animal or fowl customarily confined and cultivated by man for domestic or commercial purposes and other than as a pet, except that “domestic animal” shall not include dogs, cats, skunks, rabbits, birds or other such animals.

3. “Owner” means any person, form or corporation having interest or having control, custody or possession of an animal; provided, however, that any occupant of premises upon which an animal is found shall be deemed prima facie the owner of such animal for the purposes of this chapter unless such occupant either presents the animal to the animal control officer for inspection, or permits the animal control officer to take custody of the animal.

4. “Person” means any person, individual, firm, partnership, corporation or unincorporated association.

5. “Pet shop” means any premises devoted or partly devoted to the commercial trade of selling live animals for use as pets. (Ord. 276 N.S. §§ 1.1- 1.6, 1970)

6.04.020 Animal control officer—Appointment—Deputies.

There is established in the city the office of animal control officer. The animal control officer shall be appointed by the city council. A deputy animal control officer should be appointed by the animal control officer upon the authority of the city council. The animal control officer and his deputies shall take and subscribe an oath of office and file the same with the city clerk. (Ord. 276 N.S. § 2.1, 1970)

6.04.030 Animal control officer—Powers and duties.

The animal control officer and his deputies shall, upon appointment and qualification, become and be vested with the powers and duties of peace officers, as limited by Section 818 of the Penal Code of the state, and each shall have the power and it shall be their duty to issue citations for violation of any of the provisions of this chapter, as provided in Section 853.6 of the Penal Code of the state. (Ord. 276 N.S. § 2.3, 1970)

6.04.040 Animal control officer—Pound operation authority.

The animal control officer shall operate the public pound within the city at such place or places as may be designated by the city council; provided, however, that nothing in this chapter shall prevent the city council from entering into a contract with any organization for the operation of a public pound. (Ord. 276 N.S. § 2.2, 1970)

6.04.050 Animal control officer—Duties—City contract when.

The city council may contract with any responsible organization for the performance of. all or any portion of those duties imposed upon the animal control officer. (Ord. 276 N.S. § 10.5, 1970)

6.04.060 Animal control officer—Identification badge.

The animal control officer and his deputies, including regular policemen and police cadets, while engaged in the execution of their duties under this chapter or other animal control regulations, hall each wear in plain view a badge authorized by the city council. (Ord. 303 N.S. § 1, 1972: Ord. 276 N.S. § 2.5, 1970)

6.04.070 Right of entry for inspection.

For the purpose of discharging his duties imposed by this chapter, the animal control officer and his deputies are hereby authorized and directed to enter upon any enclosed or unenclosed property upon which any animal is kept or found in violation of the provisions of this chapter, and to demand from the person owning or having charge or control of the animal, exhibition of the license and tag for such animal, if it is required to be licensed by this chapter. No entry shall be made except upon reasonable evidence that such violation is occurring or has in fact occurred. (Ord. 276 N.S. § 2.4, 1970)

6.04.080 License—Required when—Fee.

Annually, prior to February 1st of the year for which the license is to be issued (or March 1st if the dog has attached to it a license properly issued for the dog by any city or county in the state for the immediately preceding year), every owner of a dog shall procure a license for such dog from the city clerk, and shall pay therefor a fee as set by resolution of the city council.

Except as provided in Section 6.04.090 below, every owner to whom a license is issued for which application was made on or after March 1st of the year for which the license is issued shall pay an additional fee of two dollars and shall be subject to such other penalties as may be duly imposed for violation of this section. (Ord. 303 N.S. § 2,1972; Ord. 276 N.S. § 5.1,1970)

6.04.090 License—Time limit for acquisition.

A. Notwithstanding the provisions of Section 6.04.080 above, any owner who brings his dog into the city after January 1st of the year for which the license is to be issued, or any owner whose dog reaches the age of four months after January 1st of the year for which the license is to be issued, or any owner of a dog for which an individual license was not theretofore required, shall procure a license for such dog from the city clerk within a period of thirty days after such dog is brought into the incorporated area of the city, becomes four months of age, or becomes subject to the individual licensing provisions of this chapter, provided, however, that as to any dog brought into the incorporated area of the city to which there is attached a license issued by any city or county in the state for the current or immediately preceding year, the license shall be obtained within sixty days after such dog is brought into the city.

B. Any owner failing to procure a license within the time limits established in this section shall pay an additional preceding year. The license shall be subject to such other penalties as may be duly imposed for violation of this section. (Ord. 276 N.S. § 5.2, 1970)

6.04.100 License—Tags for dogs.

The tag is issued by the city clerk or deputies at the same time the dog license is obtained, and shall be attached to the dog for which the license is issued, by the owner. (Ord. 276 N.S. § 5.3, 1970)

6.04.110 Replacement tags.

In the event the license tag becomes lost from the body of the dog for which the same was issued, the owner shall, within thirty days, procure a duplicate license for the dog from the city clerk, at a cost established by resolution of the city council. (Ord. 276 N.S. § 7.2, 1970)

6.04.120 License—Fees—Administrative duties.

A. The animal control officer is hereby directed to procure suitable applications and license tags. The animal control officer shall keep a file of all applications made, pursuant to this chapter. Fees shall be paid at the time the application is filed with the city clerk. No tags shall be issued until the applicant has also exhibited to the city clerk a certificate of vaccination certifying that the dog has been vaccinated in compliance with this chapter.

B. If any person applies to license a dog under this chapter and pays all fees required, but thereafter fails to exhibit to the city clerk the certificate of vaccination within thirty days after his application was filed, that person shall forfeit the fees paid and shall be required to reapply and pay the fees due as if no application had been made previously.

C. The cost of procuring the necessary tags and application forms is declared a charge against funds budgeted for animal control, and the city clerk is directed to purchase such necessary tags and applications as may be required by the animal control officer, annually. (Ord. 276 N.S. § 7.1, 1970)

6.04.130 License—Vaccination required for issuance.

The city clerk shall not issue license tags for any dog until it has been vaccinated with an antirabies vaccine and by a method approved by the city health officer, and the owner or person in possession of the dog exhibits a certificate of vaccination to the city clerk on a form approved by the health officer certifying that the dog has been vaccinated by a licensed veterinarian within eighteen months of January 1st of the year for which the license is issued. (Ord. 276 N.S. § 8.2, 1970)

6.04.140 License—Guide dogs for the blind.

The blind owner of a guide dog shall not be subject to license fees as provided in this chapter. No guide dog shall be destroyed except on the written direction of the county health officer. (Ord. 276 N.S. § 10.1, 1970)

6.04.150 Livestock—Authorized with permit.

The requirements of this chapter or of the Zoning Ordinance of the city notwithstanding, the planning commission, upon application duly filed, may authorize the issuance of a permit to allow one horse or one cow or three sheep for each acre of property. (Ord. 276 N.S. § 9.1, 1970)

6.04.160 Livestock—Application for permit.

The applicant shall file an application with the planning commission on a form to be provided by the city, and shall pay a fee as provided by resolution of the city council. (Ord. 276 N.S. § 9.2, 1970)

6.04.170 Livestock—Hearing on permit issuance.

The planning commission may call for a public hearing on the issuance of the permit, in the discretion of the planning commission. (Ord. 276 N.S. § 9.3, 1970)

6.04.180 Livestock—Term of permits.

All permits issued by the planning commission, as provided for in Section 6.04.150 above shall be for a period of one year, unless extended by action of the planning commission. In the event the planning commission takes no action, the permit shall be deemed terminated at the end of one year from the date of its issuance. (Ord. 276 N.S. § 9.7, 1970)

6.04.190 Livestock—Short-term permits.

The provisions of Sections 6.04.150 through 6.04.210 notwithstanding, the animal control officer of the city may issue a permit for any property in any zone for any number of animals for a period of time not to exceed sixty days. Such permit shall not be renewable by the animal control officer within one year from the date of the expiration of the issued permit. (Ord. 276 N.S. § 9.5, 1970)

6.04.200 Livestock—Permit revocation—Authorized when.

A violation of this permit shall be cause for revocation by the planning commission. The planning commission shall notify the applicant of the time and place for the hearing of the revocation of such permit, and after the hearing the planning commission may revoke the permit or permit its continuance. The permit may be revoked because of a health hazard, nuisance, or any other cause which, in the discretion of the planning commission, is sufficient grounds for revocation of the permit. (Ord. 276 N.S. § 9.4, 1970)

6.04.210 Livestock—Permit revocation—Hearing.

Any permit issued by the animal control officer may be revoked by the planning commission after a hearing as provided for in Section 6.04.170 above. (Ord. 276 N.S. § 9.6, 1970)

6.04.220 Kennels and pet shop license requirements.

A. Every person who is the legal owner or actually in control of or operates a commercial kennel or pet shop, unless otherwise exempt, shall apply to and procure a kennel license for each calendar year or any portion thereof from the animal control officer. Application for such kennel license shall be made on the form provided and on or before January 31st of the year for which the license is to be issued.

B. No kennel shall be hereinafter established unless the person proposing to act as kennel operator shall first apply for and receive a kennel license pursuant to this chapter. (Ord. 276 N.S. § 6.1, 1970)

6.04.230 Kennel license—Inspection of premises.

No original kennel license shall be issued unless and until the premises has been inspected and approved by the animal control officer as meeting the appropriate standards set forth herein. No such inspection shall be prerequisite to renewal of kennel or pet shop licenses, and the fact of such renewal shall not be construed as an approval of the conditions of the kennel or the manner in which it is operated. (Ord. 276 N.S. § 6.2, 1970)

6.04.240 Kennel license—Issuance conditions.

A. The animal control officer shall issue a commercial kennel or pet shop license for the calendar year upon filing with him of a properly completed application and upon payment of a fee of twelve dollars, which sum shall be reduced in equal quarterly amounts for any application properly made subsequent to the end of any quarter during the calendar year; provided, however, that the animal control officer shall not issue an original kennel or pet shop license until the planning department has certified that the zoning regulations of the city permit the maintenance of a kennel at the proposed location.

B. No kennel license shall be issued unless the applicant therefor displays at the time of application certificates showing that all dogs permanently kept in the kennel have been vaccinated against rabies, and the applicant shall have paid the rabies tax provided by this chapter for each such dog permanently kept.

C. Any license which was properly issuable more than thirty days prior to the actual date of issuance shall be subject to an additional fee of ten dollars. (Ord. 276 N.S. § 6.3, 1970)

6.04.250 Kennel license—Tags for animals.

At the time of issuance of a kennel license, the animal control officer shall issue, without further charge, up to ten license tags to the licensee, which tags shall be transferable among the dogs kept by the kennel. No dog kept by the kennel shall be taken therefrom without having attached to its body a tag issued pursuant to this section unless the dog is otherwise licensed and has attached to it a tag issued pursuant to this chapter. Additional transferable tags shall be issued upon request and payment of the amount as set forth by resolution of the city council. No transferable tag shall be attached to a dog which has not been vaccinated for rabies as required by this chapter. (Ord. 276 N.S. § 6.4, 1970)

6.04.260 License—Transfer of animals.

Should the title to any animal required to be licensed by this chapter be transferred, the new owner shall notify the animal control officer of such change of ownership within thirty days after the transfer. No additional fee shall be required because of such transfer. (Ord. 276 N.S. § 6.7, 1970)

6.04.270 Premises—Construction and sanitation.

A. All commercial kennels and pet shops shall be designed to provide adequate exercise area and to permit the premises to be kept in a clean and sanitary condition and conducted in such a manner that they will not cause detriment or nuisance in the immediate neighborhood.

B. Periodic inspections of licensed kennels and pet shops shall be made by the animal control officer at such intervals as he deems necessary. Such inspections may also be made by the health officer or his designated agent at the request of the animal control officer or on his own initiative. Inspecting officers shall use reasonable caution to prevent contamination of any pet shop or kennel during inspection. (Ord. 276 N.S. § 6.5, 1970)

6.04.280 Kennel license—Display required.

Kennel licenses issued as required by this chapter shall be conspicuously displayed upon the kennel premises. (Ord. 276 N.S. § 6.8, 1970)

6.04.290 Kennel license—Transfer conditions.

Within thirty days after the transfer of ownership of any kennel or pet shop licensed pursuant to this chapter, the new owner shall apply to the animal control officer for the transfer of such license to his name. Such transfer shall be made without charge by the animal control officer. The fact of the transfer shall not be construed as an approval of the condition of the kennel or the manner in which it is operated. (Ord. 276 N.S. § 6.9, 1970)

6.04.300 Kennel license—Suspension or revocation when.

A. When, in his opinion, conditions exist which he believes warrant the revocation of a commercial kennel or pet shop license, the animal control officer or health officer shall report such fact to the city council with a recommendation that such permit be revoked. The licensee’s refusal to permit reasonable inspection of the licensed premises by the animal control officer, or his failure to make the premises available for inspection after reasonable notice, shall constitute a valid ground for revocation. After receipt of such place thereof, the city council shall hold a hearing on the recommendation, and at the conclusion thereof may permit the continued operation under the permit, or revoke the permit.

B. Should the council revoke the permit, it may direct that no similar permit be issued to the licensee for a period not to exceed one year following the revocation. The action of the city council shall be final. This section shall not be interpreted to limit any power granted to the health officer under any other provisions of law. (Ord. 276 N.S. § 6.6, 1970)

6.04.310 Rabies control—State provisions applicable.

Notwithstanding the provisions of this chapter, the provisions of the Health and Safety Code and the Administrative Code of the state relating to rabies shall control when such provisions are more stringent that those provided in this chapter. (Ord. 276 N.S. § 8.5, 1970)

6.04.320 Rabies vaccination required.

It is unlawful for any person to keep, harbor or control within the incorporated area of the city, any dog over the age of four months if such dog has not been vaccinated as provided in this chapter. (Ord. 276 N.S. § 8.1, 1970)

6.04.330 Animal bite reports required when.

The county health officer shall be notified when any person is bitten by an animal of a species subject to rabies, whether or not the animal is suspected of having rabies. Any animal which bites or otherwise exposes a person or other animal shall, in the discretion of the county health officer, be isolated for such time and under such conditions as may be directed by the county health officer. (Ord. 276 N.S. § 8.4, 1970)

6.04.340 Suspected rabid animals.

A. Any person having knowledge of the whereabouts of an animal or the carcass of an animal known to have or suspected of having rabies shall immediately notify the animal control officer.

B. Any person having such information who refuses to disclose the same after demand therefor by the health officer, animal control officer or their deputies shall be guilty of a misdemeanor and punishable as provided in this chapter.

C. When notified of the whereabouts of such an animal, the animal control officer shall notify the health officer, who shall direct the animal control officer as to the immediate disposition of the animal and shall thereafter cause an inspection or examination of such animal to be made.

D. Until the existence or nonexistence of rabies in such animal is established, such animal shall be kept isolated in a pound, veterinary hospital or other adequate facility, in a manner approved by the health officer, and shall not be killed, or released or disposed of in any other manner except on direction of the health officer.

E. The health officer or his duly authorized representative is hereby authorized and empowered, upon reasonable evidence that an animal with symptoms of rabies is present, to enter upon private property where any dog or other animal is kept or believed by him to be kept, for the purpose of ascertaining whether such dog or other animal is afflicted or infected with rabies. (Ord. 276 N.S. § 8.3, 1970)

6.04.350 Complaints of nuisances—Notice—Abatement

A. No owners of any animal shall permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passerby, barking, howling or making other noise;

B. Any violation of this section is declared to be a public nuisance;

C. Whenever the animal control officer has reasonable cause to believe that a public nuisance as defined in this section exists, the animal control officer may conduct an investigation of the alleged nuisance, provided, however, that where there is only one person residing or regularly employed within three hundred feet of the alleged public nuisance, written affirmation of only that one person shall be required for the animal control officer to investigate the alleged nuisance. If, upon investigation, the animal control officer determines that a public nuisance exists, the animal control officer may issue an order to the owner of the offending animal directing that such nuisance be abated. In the event that the owner does not comply with the abatement order, the animal control officer may immediately refer the matter to the city attorney for prosecution of the public nuisance;

D. Any person may maintain an action under California Civil Code Section 3493 for compliance with the requirements of this section. (Ord. 537-99 § 1, 1999)

6.04.360 Impoundment Authorized when.

It shall be the duty of the animal control officer to take up within the incorporated area of the city, and impound:

A. Any animal not having attached to its body a current license tag, where such is required by this chapter;

B. Any animal, when there is reason to believe the animal has been abandoned by the owner thereof;

C. Any animal found trespassing on public or private property when such animal has destroyed anything of value on the property, or is committing a nuisance thereon;

D. Any female dog running at large while in heat;

E. Any patently vicious animal not under the immediate control of its owner or keeper;

F. Any dog found on any public street, alley, park, square or other public place between six p.m. and six a.m. of the following day, when such dog is not under the immediate control of its owner or keeper;

G. Any dog trespassing upon any farm whereon livestock or domestic fowl are kept;

H. Any animal staked or tied on any street or other public place or upon any private property without consent of the owner or occupant thereof, provided that this subsection H shall only be enforced upon complaint of an interested party;

I. Any animal when, in the opinion of the animal control officer, such taking up is necessary for the health and safety of the community;

J. Any animal at large in violation of any law of the state;

K. Any animal, when such impounding is, in the opinion of the animal control officer, necessary to facilitate investigation, prosecution or enforcement of this chapter or any other law of the city or state. (Ord. 276 N.S. § 4.1, 1970)

6.04.370 Impounded animals—Notice—Animal sale conditions.

A. The animal control officer shall, within twenty-four hours after the impounding of any domestic animal other than bovine animals, horses, mules or burros, cause to be mailed to the place of business or residence of the owner, if known to him, a written notice that such animal has been impounded and the date of the impounding. If such owner or keeper is not known to the animal control officer, then he shall, within such period of twenty-four hours, post up a like notice on the bulletin board at the pound at which the animal is impounded, such notice to be kept posted for at least ninety-six hours after impounding.

B. If the animal is not claimed within ninety-six hours, it shall be advertised for sale by posting a notice of sale upon the bulletin board of the pound where the animal is kept. Such notice shall describe the animal, give the time and place of sale, and shall be kept posted for at least one hundred forty-four hours prior to the sale.

C. At the time set for the sale, the animal control officer shall sell for cash at public auction to the highest bidder all animals so advertised, and out of the proceeds of the sale thereof shall pay its proper fees and charges and all reasonable and proper demands made under the provisions of this chapter.

D. The sale may be postponed from day to day until the animals are sold. Notice of such postponement shall be posted on the same bulletin board as the original notice of sale.

E. Should the animal not be sold within five days after the first scheduled sale, then the animal control officer is authorized to contract with a reliable auction agency for the sale of the animal; provided, that any auction agency selling an animal pursuant to such contract shall notify the purchaser thereof that the owner of the animal has the right to redeem the animal as provided in this chapter.

F The owner or keeper of any animal at the time it is so impounded may at any time within thirty days after such sale redeem the same from any purchaser by paying to him the amount of the purchase price paid by such purchaser to the animal control officer, or auction agency as the case may be, and in addition thereto a sum equal to the charges for feed and care provided under this chapter had the animal been retained by the animal control officer.

G. Any balance from the proceeds of the sale of any domestic animal remaining after the payment of such fees, charges and demands shall be paid into the city treasury for the use of the owner of such animal. If not claimed within thirty days thereafter, the same shall be returned into the general fund of the city. (Ord. 276 N.S. § 3.4, 1970)

6.04.380 Impounded dogs—Care and disposal.

Any dog impounded as set forth in this chapter shall be cared for by the animal control officer for a period of seventy-two hours, and after the expiration of such time, if not redeemed, shall be placed in a bona fide home or humanely destroyed by the impounding agency; provided, that prior to the disposal of any licensed dog duly impounded, a written notice shall be sent to the last address of the owner as shown on licensing records, notifying the owner that the dog is subject to disposal unless redeemed within ten days after receipt of the notice. (Ord. 276 N.S. § 3.1, 1970)

6.04.390 Impounded cats—Care and disposal.

Any cat impounded as set forth in this chapter shall be cared for by the animal control officer for a reasonable time, after which such cat may be humanely destroyed by the impounding agency, or placed in a bona fide home. What is a reasonable time shall be determined by the likelihood that ownership may be determined, and the facilities of the pound to keep such cat. (Ord. 276 N.S. § 3.2, 1970)

6.04.400 Livestock—Notice of impoundment.

The animal control officer shall, within twenty-four hours after impounding any bovine animal, horse, mule or burro, provide and post notice as provided in Section 6.04.360 above. Such animal shall not be advertised for sale, however, but upon the expiration of five days after the animal was impounded, if no person has appeared to claim the animal, the animal control officer shall notify the Director of Agriculture of the state, as provided by Section 400 of the Agricultural Code. (Ord. 276 N.S. § 3.5, 1970)

6.04.410 Wild animals—Disposition.

Wild animals shall be either returned to their natural habitat or destroyed, in the discretion of the animal control officer, but not disposition thereof shall be in violation of any law of the state providing for the protection or regulation of wild animals. (Ord. 276 N.S. § 3.6, 1970)

6.04.420 Redemption of impounded animals.

Except as provided in Section 6.04.430 below, any animal taken up and impounded under the terms of this chapter may be redeemed by the owner thereof at any time prior to actual disposal of the animal upon the payment of all fees and costs as provided by Section 6.04.440 of this chapter, and upon presentation of evidence that the animal is duly licensed, where such is required. A signed declaration of ownership shall be prima facie evidence of ownership, and shall justify release of the animal to the declared owner. (Ord. 276 N.S. § 3.3, 1970)

6.04.430 Retention of animals authorized when.

If, in his discretion, the animal control officer determines that any animal impounded under the terms of this chapter should be retained by the city or county to facilitate investigation, prosecution or other enforcement of this chapter or other city or county or state law, he may refuse to permit redemption of the animal until, in his opinion, the need for retention no longer exists. (Ord. 276 N.S. § 3.9, 1970)

6.04.440 Impoundment—Fees.

The animal control officer shall charge and collect fees for impounding animals, as established by resolution of the city council. (Ord. 276 N.S. § 3.7, 1970)

6.04.450 Destruction or other care of animals—Fees.

The animal control officer may establish reasonable charges for destruction of animals, placement of animals in bona fide homes, or for other disposal, when such service is requested by the owner of the animal, but shall not charge less than the reasonable cost of such services; provided, however, that upon the animal control officer’s written certification that such charges in a given case would probably result in the abandonment of an animal, he may accept such animal from its owner with no charge. No schedule of charges established under this chapter shall be effective unless and until the same is approved by the city council. (Ord. 276 N.S. § 3.8, 1970)

6.04.460 Conditions for keeping domestic animals.

It is a nuisance and shall be unlawful to keep or permit to be kept, upon any premises in the city, any domestic animal, as the same are defined in Section 6.04.010 of this chapter, except as permitted and modified by this chapter. This section shall not be construed as waiving or excepting any of the provisions of any other section of this chapter. (Ord. 282 N.S. § 1, 1970; Ord. 276 N.S. § 9.6, 1970)

6.04.470 Unlawful acts involving animals.

It is unlawful within the incorporated area of the city for any person owning, harboring or controlling any animal, knowingly to:

A. Abandon such animal in any incorporated area of the city;

B. Permit the animal to trespass on public or private property so as to damage or destroy anything of value thereon, or to commit a nuisance thereon;

C. Permit the animal to run at large when he knows, or should know, that the animal is vicious to the safety of any person or animal;

D. In the case of a female dog, to permit such dog to run at large or remain accessible to other dogs running at large while such female dog is in heat or breeding condition;

E. In the case of dogs, to permit such dog to trespass on any farm whereon livestock or domestic fowl are kept;

F. In the case of dogs, to permit such dog to roam off the premises where such dog is kept between the hours of six p.m. and six a.m. of the following day;

G. Permit the animal to be staked or tied on any street or other public place, or upon any private property, without the consent of the owner or occupant thereof, provided that this subsection G shall only be enforced upon complaint of an interested party;

H. To refuse to display such animal to the animal control officer upon his reasonable request, together with a current license tag for such animal, if such is required by this chapter;

I. Refuse to obey the conditions of a lawfully imposed quarantine;

J. Permit any dog under the age of four months to run at large;

K. In the case of a dog required to be licensed pursuant to this chapter, to permit to remain attached to such dog a license issued by the city or any other city or county in the state for the current or immediately preceding year, when such license was not issued for such dog. (Ord. 276 N.S. § 4.2, 1970)

6.04.480 Using unauthorized licenses prohibited.

No person shall attach a license issued by this city or any other city in the state for the current or immediately preceding year to a dog, when such person knows or should know that the license was not issued for the dog. (Ord. 276 N.S. § 10.2, 1970)

6.04.490 Baby animals and fowl.

A. It is unlawful for any person, firm or corporation to display, sell or offer for sale, barter or give away any baby chicks, rabbits, dogs, cats, ducklings or other animals or fowl under the age of three months as pets, prizes or novelties, whether or not dyed, colored or otherwise artificially treated; provided, however, that this section shall not be construed to prevent the display or sale of any animal or fowl under the age of three months when not dyed or artificially treated, by dealers, hatcheries or stores engaged in the business of selling the same, or by a breeder of such animals to be raised for agricultural or domestic purposes, or by the owner of the parent animal when such parent animal is kept by such owner as a pet. (Ord. 276 N.S. § 10.4, 1970)

6.04.500 Inciting animals to vicious acts.

No person, except a peace officer, in the performance of his duty, shall incite an animal to vicious acts. No person shall tease any animal. No parent shall allow or knowingly permit a minor child to incite any animal to vicious acts or to tease any animal. (Ord. 276 N.S. § 10.3, 1970)

6.04.510 Trapping wild animals.

No person shall trap or capture wild animals, of a species subject to rabies within the incorporated area of the city for the purpose of selling such animals alive for profit unless such person shall first file with the health officer a complete statement of such contemplated activities, and thereafter comply with such rules and regulations relating to rabies control as may be prescribed by the health officer. (Ord. 276 N.S. § 10.6, 1970)

6.04.520 Violation—Penalty.

Violation of any provision of this chapter is a misdemeanor punishable by a fine of not less than twenty-five dollars for the first offense, and for the second offense within a period of twelve months a fine of not less than fifty dollars, or imprisonment in the county jail for not more than six months, or both; provided, however, that in no event shall the fine exceed the sum of five hundred dollars. (Ord. 276 N.S. § 11.1, 1970)

6.04.530 Violation—Citation procedure.

If any person is arrested for a violation of this chapter and such person is not immediately taken before a magistrate pursuant to Part 2 of Title 3 of the Penal Code of the state, the arresting officer shall follow the citation procedure as set forth in Section 853.6 (Chapter 5C) of the Penal Code, and other pertinent sections. (Ord. 276 N.S. § 12.1, 1970)

6.04.540 Failure to appear in court—Misdemeanor.

It is hereby provided that any person wilfully violating his written promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment. (Ord. 276 N.S. § 12.2, 1970)