Chapter 7.01
GENERAL PROVISIONS
Sections:
7.01.010 Contract with Solano Animal Control Authority for animal control services.
7.01.020 Contract with the County of Solano for animal licensing.
7.01.040 General penalties for violation of this chapter.
7.01.060 Powers and duties of Animal Control Officer.
7.01.070 Impoundment of animals.
7.01.010 Contract with Solano Animal Control Authority for animal control services.
The City is a party to that certain joint exercise of powers agreement, effective July 1, 1997, between itself and the city of Vacaville, city of Rio Vista, city of Suisun City and the city of Fairfield and which created the Solano Animal Control Authority (herein “SACA”). Under the provisions of that joint exercise of powers agreement, SACA is authorized to enter into an agreement with a public or private party (herein referred to as the “enforcement entity”) to provide animal control services within the territorial boundaries of each city that is a party to the joint exercise of powers agreement. [Ord. 12-004.]
7.01.020 Contract with the County of Solano for animal licensing.
The City has entered into a contract with the County of Solano, dated March 1, 1986, and amended April 23, 1996, in which it was agreed that said County will collect animal licensing fees for the City subject to certain terms and conditions set forth in said agreement. The amounts of said licensing fees and the animals to which those fees are made applicable shall be fixed, from time to time, by resolution of the City Council.
As required by Paragraph 7 of said agreement, and as authorized by Cal. Gov’t Code § 50022.9, this chapter adopts and incorporates by reference the following provisions of Chapter 4 of the Solano County Code, and as those provisions may be amended from time to time, relating to the licensing of animals, as though fully set forth herein:
A. Section 4-11 of Article I (Definitions).
B. Article VIII (Licenses) (commencing with Section 4-130 and concluding with Section 4-144).
Said provisions of the Solano County Code shall apply to animals located within the territorial limits of the City and it shall be unlawful, and an infraction, for any person to fail to obtain the license required by Article VIII of Chapter 4 of the Solano County Code. Said penalty shall be in addition to the penalties prescribed by the Solano County Board of Supervisors under the provisions of Section 4-144 of said Solano County Code.
The City Clerk shall keep a copy of Chapter 4 of the Solano County Code on file in his or her office at all times while this chapter is in force and shall make said Chapter 4 of the Solano County Code, or any portion thereof incorporated by reference in this chapter, available for purchase by the public at the City’s established fee for copying public records. [Ord. 12-004.]
7.01.030 City’s right to adopt and enforce animal regulations outside of the provisions of the county code.
The City, while adopting portions of Chapter 4 of the Solano County Code for licensing of animals within the City, does also reserve to itself the right to adopt and impose additional animal control regulations which it deems to be necessary for public health and safety reasons, to prevent cruelty to animals, and for the prevention of public nuisances within the City. [Ord. 12-004; Ord. 13-004 § 5.]
7.01.040 General penalties for violation of this chapter.
A. Except as otherwise expressly provided for in this chapter, any violation of the provisions of this title shall be an infraction. The City Council may, by ordinance or resolution, establish the fine for each violation which constitutes an infraction, which fine shall be greater than the sum of two hundred fifty dollars ($250.00). Where a specific fine for a violation that is an infraction has not been provided by ordinance or resolution of the City Council, any such violation shall be punishable by a fine of fifty dollars ($50.00).
B. Notwithstanding subsection A of this section, any violation of this title shall be a misdemeanor if a defendant has been convicted of, admitted to, or pleaded no contest to one (1) or more violations of this title within the preceding three (3) years, and such prior determination is admitted by the defendant or alleged in the accusatory pleading.
C. Every day any violation of this chapter shall continue constitutes a separate offense, to be punished as provided in subsections A and B of this section.
D. The provisions of this section providing for criminal penalties shall not preclude any violation of this title from being abated as a public nuisance in lieu of or in addition to being prosecuted as an infraction or misdemeanor when such procedures to abate such violation as a public nuisance are provided for in the provisions of this title. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The City may, in its discretion, elect to pursue any one (1) or more of the penalties or remedies provided for herein or at law or in equity. [Ord. 12-004.]
7.01.050 Definitions.
For purposes of this title, and except where otherwise expressly defined in a chapter or section thereof, the following words and phrases shall have the following meanings respectively ascribed to:
“Animal” means any members of the kingdom Animalia, exclusive of Homo sapiens and also exclusive of “cats” as hereinafter defined and specifically regulated by this title. Except as otherwise provided in this title, the term “animal” shall not include small birds that are commonly kept as pets, small nonpoisonous reptiles, fish or amphibians which may be lawfully kept as pets or small rodents or similar animals which are customarily kept as pets or for laboratory purposes.
“Animal Control Director” shall mean any Animal Control Officer who is designated as such by resolution of the City Council.
“Animal Control Officer” means any person or persons designated by resolution of the City to enforce the provisions of this title. Said person or persons may be an officer or employee of the enforcement entity defined herein.
“At large” means any animal, domestic animal, exotic animal or fowl, other than a cat, which is not physically confined to the premises owned or legally controlled by the owner and is not confined in a vehicle or enclosure or not otherwise subject to the direct and complete physical control of and in the immediate presence of its owner or another competent person to whom it has been entrusted by its owner. An animal, domestic animal, exotic animal or fowl, other than a dog, cat or bird, which is on a public street, in a public park, on City property or school property within the City is presumptively “at large” if it is not under physical restraint by leash, halter, lead or chain controlled by its owner or another competent person to whom it has been entrusted by its owner. A dog which is on a public street, in a public park, on City property or school property within the City is presumptively “at large” if it is not securely restrained by a leash controlled by its owner or another competent person to whom it has been entrusted by its owner. In addition, an animal, domestic animal, exotic animal or fowl, other than a cat, is presumptively “at large” if it is present on any private property within the City without the express or implied consent of the owner or occupant of such private property.
“Cat” means any member of the species Felis catus customarily confined or cultivated as a domestic pet.
“Cattery” means any commercial place of business where five (5) or more cats over the age of six (6) months are boarded, either temporarily or permanently, for the purpose of providing food, care or veterinary treatment to said cats. The term includes any veterinary clinic, animal grooming facility or pet store at which cats are boarded or kept or any other place of business at which cats are kept for sale, laboratory use or other commercial purposes.
“Chicken” means Gallus gallus domesticus. This definition does not include other fowl, such as, but not limited to, peacocks, turkeys, or waterfowl.
“Competent person” means a natural person over ten (10) years of age.
“Domestic animals” means horses, donkeys, mules, burros, cattle, sheep, goats, swine, rabbits, or other animals (other than dogs, cats or fowl) which are commonly kept or raised as farm or livestock animals.
“Enforcement entity” shall mean Humane Animal Services, a California nonprofit corporation, or such other entity as may be designated to be the enforcement entity by resolution of the City Council.
“Exotic animal” means any wild animal not customarily confined or cultivated for domestic or commercial purposes but may lawfully be kept as a pet or for display purposes in a zoo or similar institution. Except as otherwise provided in this title, the term “exotic animal” shall not include small birds that are commonly kept as pets, small nonpoisonous reptiles, fish or amphibians which may be lawfully kept as pets or small rodents or similar animals which are customarily kept as pets or for laboratory purposes.
“Feral animal” means any domestic animal or cat which is known to an Animal Control Officer to live in a wild or semiwild state without the benefit of an owner or any domestic animal which has escaped from confinement and care on the property of its owner for a substantial period of time and is known by an Animal Control Officer to be existing in a wild state without benefit of domestication.
“Fowl” means chickens, geese, ducks, turkeys, squabs, emus, ostriches, or similar feathered animals kept and raised as farm or livestock animals.
“Kennel” means any commercial place of business where five (5) or more dogs over the age of six (6) months are boarded, either temporarily or permanently, for the purpose of providing food, care or veterinary treatment to said dogs. The term includes any veterinary clinic, animal grooming facility or pet store at which the dogs are boarded or kept or any other place of business at which dogs are kept for training, sale, laboratory use or other commercial purposes.
“Owner” means the primary or responsible person who possesses, has title to, has an interest in, harbors, has control of or has custody of an animal.
“Person” means natural persons and legal entities such as corporations, limited liability companies, partnerships, trusts and unincorporated associations.
“Rooster” means a male chicken. [Ord. 12-004; Ord. 15-006 § 1; Ord. 15-015 § 1.]
7.01.060 Powers and duties of Animal Control Officer.
As authorized by Cal. Gov’t Code § 50022.9, this chapter adopts and incorporates by reference the following provisions of Chapter 4 of the Solano County Code relating to the powers, duties, legal authority and status of the Animal Control Officer, as though fully set forth herein:
A. Subsection (b) of Section 4-33.
B. Sections 4-34 to 4-39, inclusive.
The terms “animal control director” and “animal control officer” as used in said sections of the Solano County Code shall be synonymous with and shall mean “Animal Control Officer” and “Animal Control Director” as defined in this chapter. [Ord. 12-004.]
7.01.070 Impoundment of animals.
As authorized by Cal. Gov’t Code § 50022.9, this chapter adopts and incorporates by reference all of the provisions of Article III of Chapter 4 of the Solano County Code, relating to the impoundment of animals, as though fully set forth herein. References in said article to the “animal control director” shall mean the Animal Control Officer as defined in this chapter or the Director of Animal Control of Solano County, whichever is appropriate under the circumstances. The term “county” as used in Section 4-40 of said Article III of Chapter 4 shall mean the City of Dixon. [Ord. 12-004.]