Chapter 6.16
ANIMAL CONTROL REGULATIONS
Sections:
6.16.020 Animal control officer.
6.16.040 Interference with officer.
6.16.060 Duty to report bites.
6.16.070 Animals kept in residential zones.
6.16.010 Application.
The provisions of Chapters 6.20 through 6.80 shall apply to any person, or persons including businesses within city who may own, have custody or control any animals and are adopted for the purpose of controlling animals and shall be in addition to those regulations adopted and enforced by Tulare County in the city. (Ord. 670 (part), 1984)
6.16.020 Animal control officer.
A. Responsibility. The animal control officer shall be responsible for the enforcement of this title, and his duties shall include, but not be limited to the following:
1. To administer the animal control shelter and keep such records as may be required by law or by contract;
2. To take up and impound animals which are in violation of this chapter or for the safekeeping of the animal to protect its health and welfare;
3. To remove and dispose of the carcass of any animal found on any public highway, street, alley or other place;
4. To quarantine animals and to cooperate with the health officer; and
5. To enforce the provisions of this chapter related to regulations and prohibitions as to the number, type and location of animals.
B. Enforcement. The animal control officer and his/her officers shall have the duty of enforcing this chapter and the laws of the state relating to the care, treatment or impounding of animals or for the prevention of cruelty thereto.
C. Authority to Arrest. In the performance of their duties the animal control officer and his officers shall have the authority to issue notices to appear in court pursuant to Chapter 5c (commencing with Section 853.5) of Title 3, Part 2 of the Penal Code of the state for violations of state and local animal control laws. This authority is based on Section 607 (b) and (g) of the Civil Code of the state.
D. Authority to Enter Premises. The animal control officer shall have the right to enter upon any private or public property in the city in order to examine or capture any animal thereon or therein, provided, however, that no such officer or employee shall have the right to enter a house which is in use as a residence without first having secured a search warrant therefore. The animal control officer is authorized to enter upon any premises upon which any animal is kept, for the purpose of taking up, seizing or impounding any animal found running at large, or staked, herded or grazing thereon, contrary to the provisions of this code, or for the purpose of ascertaining whether such animal is registered as provided in this code, or for the purposes of inspecting the premises to ascertain whether any law of the city or state relating to the care, treatment or impounding of dumb animals or the prevention of cruelty to dumb animals is being violated.
E. Tags. The animal control officer is required to procure plates or tags having thereon the number of the license or figures indicating the year for which the fee has been paid, and he shall keep a record of the name of the owner or possessor and a description of the dog or other animal for which the license is issued and the number of the license, and he shall deliver such tag to the person paying for such license tag as provided by this title. (Ord. 98-15 § 2, 1998)
6.16.030 Epidemics.
The health officer may determine and declare that rabies are epidemic or that another unusually dangerous health situation exists around dogs and other animals in the jurisdiction, or in any part thereof. Upon the making of such description, the health officer shall prepare and promulgate such rules and regulations as are necessary for the control of the dogs and other animals within such area. Such rules and regulations of the health officer may include, but are not limited to, the quarantine, vaccination and destruction of diseased or suspected or stray animals by humane methods. It shall be the duty of the animal control officer to assist the health officer in carrying out such rules and regulations. (Ord. 98-15 § 3, 1998)
6.16.040 Interference with officer.
It is unlawful for any person in any manner to interfere or attempt to interfere with any duly authorized enforcement officer engaged in the performance of any duty imposed or authorized by this chapter, or for any person to unlawfully take or attempt to take any dog or other animal seized pursuant to the provisions of this chapter from the custody of such officer, or for any person to remove or attempt to remove from impoundment any dog or other animal without first having redeemed such dog or animal as provided in this chapter, or without first having obtained their permission of such officer to do so. (Ord. 98-15 § 4, 1998)
6.16.050 Rabies vaccinations.
Every dog owner, after his dog attains the age of four months, shall procure every other year its vaccination by a licensed veterinarian with a canine anti-rabies vaccine approved by and in a manner prescribed by the State Department of Public Health. (Ord. 98-15 § 5, 1998)
6.16.060 Duty to report bites.
It is the duty of any person having knowledge that any animal has bitten a human being to report the fact immediately to the health officer, the animal control officer, or the local law enforcement agency having jurisdiction and to furnish complete information thereof. (Ord. 98-15 § 6, 1998)
6.16.070 Animals kept in residential zones.
Notwithstanding any provision of this code with regard to uses as of right or under a conditional use permit, the provisions of this section with regard to animals in residential zoned property shall be enforced. For these purposes, “residentially zoned property” includes any property which is zoned “R” or “R-M”, under the provisions of the Zoning Ordinance codified in this code and which has, since residential zoning has been imposed, been used for residential purposes (but shall not include any property zoned “R-A”). It is unlawful to maintain any animals in a residential zone in the city other than household pets. It is unlawful in a residential zone to maintain any animals, including household pets, for a commercial purpose. For the purpose of interpreting this section, the term “household pets” is defined as follows:
A. The following are household pets:
1. Dogs;
2. Domesticated cats;
3. Birds (including parakeets, canaries, pigeons, doves and other birds of similar size);
4. Rabbits, hamsters, chinchilla, guinea pigs and rodents of a similar size, not to exceed four per residential lot;
5. Reptiles such as turtles, snakes and lizards.
B. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, avian or ruminant animals, pigs, including but not limited to pot-bellied pigs, predatory wild animals, ducks, geese, turkeys, roosters, fighting cocks, fowl which normally constitute an agricultural use, zoo animal, poisonous reptiles and bees.
Nothing in this section shall be interpreted so as to allow the keeping of any animal species which is listed as either an endangered species or a threatened species under either the California Endangered Species Act or the federal Endangered Species Act.
C. Any animal which is not listed in the definition of a household pet given in this section but also not mentioned in the list of animals which are specifically not household pets, shall be presumed to be not a household pet, unless the city council determines otherwise.
D. All animals kept as household pets pursuant to this section shall be maintained in a manner which does all of the following:
1. Provides a healthy environment for the animal;
2. Does not constitute a risk to the health or safety of humans;
3. Does not constitute a nuisance to the neighborhood; and
4. Is approved by the county health officer. (Ord. 98-15 § 7, 1998)