Chapter 5.36 ANIMAL CONTROL

The Director shall adopt such rules and regulations in conformity with, and for the purpose of, carrying out the intent of this article as he deems necessary. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of any permit provided for in this chapter. (Ord. 27-87 § 5)

5.36.020 Definitions.

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

“Animal” means any mammal, including but not limited to, horse, cow, goat, sheep, dog and cat.

“Area” means the incorporated area of the city of Dublin.

“At large” means a dog off the premises of its owner and not under restraint by leash, or chain, or not otherwise controlled by a competent person.

“Director” means the City Manager or his authorized representative.

“Dog” means any member of the canine family and shall include female as well as male dogs.

“Horse” shall include mule, burro, pony, jack, hinny or jenny.

“Household pet” means (1) any animal normally domesticated and kept inside a dwelling including but not limited to parakeets, canaries, aquarium fish; (2) any dog or cat not otherwise regulated by this code.

“Livestock” means any domesticated farm animal, including, but not limited to, horse, cow, sheep, goat, rabbit, poultry and any commercial fur bearing animals, including but not limited to, mink and chinchilla, but does not mean or include household pets.

“Owner” means any person, firm or corporation owning, having an interest in, or having control or custody or possession of any animal.

“Person” shall include any person, partnership, corporation, trust, and association of persons.

“Shelter” means facility designated by Director for impoundment of animals.

“Wild animal” means any animal not ordinarily and customarily domesticated, including, but not limited to, skunk, raccoon, opossum, squirrel, and fox, but under human control. (Ord. 27-87 § 1)

5.36.030 Animal fanciers permit required.

No person shall keep more than two (2) dogs or keep more than two (2) cats, or keep any livestock as accessory to any dwelling unit located in any “R” zoning district as designated on the city zoning map except in accordance with the provisions of a valid animal fanciers permit issued by the Director. (Ord. 27-87 § 2 (part))

5.36.040 Permit—Application.

A. An application for an animal fanciers permit shall be in the form required by the Director and shall be accompanied by the fee established by resolution of the City Council.

B. Upon receipt of an application, the Director shall make any appropriate investigation and shall issue the animal fanciers permit if he finds all the following:

1. The keeping of the requested animals at the location specified in the application will not violate any law;

2. The keeping and maintenance of the requested animals can be in accordance with those standards adopted for this purpose by the Director and the County Health Officer;

3. The keeping and maintenance of the requested animals will not endanger the peace, health or safety of persons in the immediate vicinity, or in the city as a whole;

4. The premises and housing where the requested animals are to be kept are in clean and sanitary condition, and any requested animal will not be subject to suffering, cruelty or abuse;

5. The applicant has not had a permit, issued pursuant to this chapter, revoked within a year prior to the date of the application;

6. The keeping and maintenance of the requested animals does not constitute a public nuisance.

C. The animal fanciers permit shall be issued for a specified term, at the discretion of the Director, but in no event to exceed a three (3) year term. (Ord. 27-87 § 2 (1), (2), (3))

5.36.050 Permit—Revocation or suspension.

A. Any permit issued pursuant to this chapter may be revoked, if, after investigation and written notice to the permittee, the Director finds any of the following to be true:

1. The permittee, his agent or employee has been convicted of any offense involving the violation of Sections 596 to 599, inclusive, of the Penal Code or is in violation of any zoning, health and safety or building ordinance relating to the keeping of the permitted animals; or

2. The permittee has failed to keep and maintain the premises or housing for the permitted animals in a clean and sanitary condition; or

3. The permittee has, at the place for which the permit is issued, failed to provide any animal with proper food, water, shelter or attention; or

4. The permittee has violated any rules, regulations or conditions adopted by the Director as necessary to insure the permitted animal will not endanger the peace, health or safety of any person or property; or

5. The permittee has changed the location of his residence or sells, assigns, transfers, donates, leases, or otherwise disposes of the permitted animal for which the permit was issued.

B. If, after investigation, the Director concludes that it is probable that one or more of the above grounds for revocation has occurred, he shall cause written notice thereof to be transmitted by certified mail to the address of the permittee. The notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before the Director thereon. The date shall not be less than ten days subsequent to the date of deposit of the notice in the mail.

C. After the informal hearing, the Director may modify the terms thereof or revoke the permit depending upon the permittee’s ability and/or willingness to comply with the requirements of this chapter.

D. In the event that it is reasonably necessary to protect against an immediate threat of danger to the public health or safety, the Director may suspend any permit summarily, without a hearing, for a period not to exceed thirty days. (Ord. 27-87 § 3)

5.36.060 Inspection—Impoundment.

A. The premises on which a permitted animal is maintained shall be open at any reasonable hour for inspection by the Director.

B. The Director shall have the authority to enter the premises at any reasonable hour, and to take up, impound, and safely keep any animal upon denial, revocation, or suspension of a permit or when an owner refuses to apply for a permit, provided that, (i) if the premises are occupied, he shall first present proper credentials and demand entry; and (ii) if the premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises to demand entry. If entry is denied, or if the owner or individual in charge of the premises cannot be located, the Director shall have recourse to every remedy provided by law to secure entry, including but not limited to the provisions of Code of Civil Procedure Sections 1822.50 et seq.

C. Procedures for the reclamation, redemption and destruction of impounded animals shall be accomplished pursuant to this chapter. (Ord. 9-91 § 4(a); Ord. 27-87 § 4)

5.36.070 Animals in vehicles.

A. No person, other than an individual actually working a dog for ranching purposes, shall transport or carry on any public highway or public roadway, any dog in a motor vehicle unless the dog is safely enclosed within the vehicle or protected by a cap or container, cage, cross-tether or other device to prevent the dog from falling from, being thrown from, or jumping from the motor vehicle. As used herein, “motor vehicle” includes a trailer.

B. No person shall leave a dog or other animal in an unattended motor vehicle without adequate ventilation or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal’s health. (Ord. 27-87 § 26)

5.36.080 Appeals.

Any person aggrieved by any decision or action resulting from the application of this chapter may appeal such decision to the City Manager in the manner set forth in Section 1.04.050. The filing of an appeal shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension or revocation. (Ord. 10-14 § 1: Ord. 27-87 § 6)

5.36.090 Violation designated.

Violations of the provisions of this chapter are a misdemeanor. (Ord. 27-87 § 58)

Article II. Dog Licenses

5.36.100 Dog license required.

Every person within the area owning, possessing, controlling, harboring, or keeping any dog over four (4) months of age shall procure a dog license tag for each dog, and annually thereafter, so long as such ownership, possession or control continues. (Ord. 27-87 § 8)

5.36.110 Exemptions.

This article does not apply to dogs found within the area under any of the following conditions:

A. When the dog is owned by, or in the care of, any person who is a nonresident or who is traveling through the area, or who is temporarily sojourning therein for a period of not exceeding thirty (30) days, if the dog is not permitted to run at large;

B. When the dog is brought into the area and kept therein for a period not exceeding thirty (30) days, for the exclusive purposes of entering the dog in any bench show, dog exhibition, field trials, or competition, if the dog is not permitted to run at large;

C. When the dog is brought or sent into the area for the exclusive purpose of receiving veterinary care in any dog hospital, if the dog is not permitted to run at large;

D. When the dog has a valid license from either the county or a city within the area, it shall not be subject to the license requirement herein. (Ord. 27-87 § 9)

5.36.120 Term of license.

The effective period of each dog license issued shall be for either twelve (12) months or twenty-four (24) months from the date of issue upon the payment of the fee specified by Section 5.36.570. (Ord. 27-87 § 10)

5.36.130 License application.

The owner shall state at the time application is made, and upon standard printed forms of application provided for such purpose, his name and address and the name, breed, color, age, and sex of each dog for which application is made. (Ord. 27-87 § 11)

5.36.140 Anti-rabies vaccination required.

As a condition for the issuance of a license all applicants for such license shall procure and deliver to the Director a certificate issued by a duly licensed veterinarian certifying that the dog to be licensed has received anti-rabies vaccination sufficient to immunize said dog against rabies for the current license period. (Ord. 27-87 § 12)

5.36.150 Tags and certificates—Issuance.

A tag and license certificate with corresponding number shall be furnished by the Director, upon payment of the appropriate fee. (Ord. 27-87 § 13)

5.36.160 Tag—Dog to wear at all times.

The Director shall keep a record of the name of such owner or person making payment of such license fee and to whom a certificate and tag shall have been issued, and the number of such certificate and such tag. Such tag issued shall be securely fixed to a collar, harness, or other device to be worn at all times by the dog for whom the registration is issued. (Ord. 27-87 § 14)

5.36.170 Showing tag and certificate—Compliance required.

No person shall fail or refuse to show the Director or any police officer the license certificate and the tag for any duly certified dog kept or remaining within any home or upon any enclosed premises under his immediate control. (Ord. 27-87 § 15)

5.36.180 Removal of registration tags prohibited.

No unauthorized person shall remove from any dog any collar, harness, or other device to which is attached a registration tag for the current year, or to remove such tag therefrom. (Ord. 27-87 § 16)

5.36.190 Tag—Immediate replacement required.

If the dog license tag is lost or destroyed, the owner shall immediately procure a new duplicate license tag. (Ord. 27-87 § 17)

5.36.200 Counterfeit or imitation tags prohibited.

No person shall imitate or counterfeit the tags prescribed by this article, or have in his possession any imitation or counterfeit tags. (Ord. 27-87 § 18)

5.36.210 Display of license to veterinarian required.

When a duly licensed veterinarian practicing within the area inoculates a dog with a rabies vaccine and the owner or possessor of the dog does not present a current license for the dog to him, the veterinarian shall notify the animal control agency of the name and address of the owner or possessor of the dog. The animal control agency will provide necessary materials to each veterinarian for the purpose of reporting such information. (Ord. 27-87 § 19)

Article III. Running at Large—Biting

5.36.220 Running at large prohibited.

No owner shall allow or permit any dog, whether licensed or unlicensed, to be or run at large in or upon any public place or premises, or in or upon any private place or premises other than those of said owner 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 (6) feet in length and is in charge and control of a person competent to keep such dog under effective charge and control; provided, however, nothing in this section shall prevent a dog from being used without leash to hunt wild birds or game or to herd, guard, gather, or otherwise work domestic animals or fowls in or upon a public place or premises so long as such dog is under the charge and control of a person competent to keep such dog under effective charge and control and so long as such dog does not wrongfully harm or damage or threaten to harm or damage any person or public or private property. In addition, nothing in this chapter shall prevent a dog from running without a leash in any area designated as a dog run by the Director so long as such dog is under the charge and control of a person competent to keep such dog under effective charge and control and so long as such dog does not wrongfully harm or damage or threaten to harm or damage any person or public or private property. For purposes of this section, any dog in or upon any vehicle shall be deemed to be on the premises of the operator thereof. (Ord. 3-04 § 2 (part): Ord. 27-87 § 20)

5.36.230 Biting animals to be quarantined.

Whenever it is shown that any dog or other animal has bitten any person or animals, or exhibits evidence of rabies, no owner or person having custody or possession thereof, upon order of the County Health Officer, shall fail, refuse, or neglect to quarantine such animal and keep it tied up or confined as specified by the Health Officer for a period of ten (10) days, or shall fail, refuse, or neglect to allow the Health Officer or his deputies to make an inspection or examination thereof at any time during said period. No such dog or animal shall be removed or released during the quarantine period without written permission of the Health Officer or his deputies. Unless otherwise specified by the Health Officer, such animals shall be confined in a shelter or veterinary hospital at the owner’s expense. The body of an animal dying while under quarantine shall be submitted to the Health Officer for examination for rabies. (Ord. 27-87 § 21)

5.36.240 Knowledge of bite—Reporting required.

Whenever any person having charge, care, control, custody, or possession of any animal has knowledge that such animal has bitten any person or animal, or has been bitten by another animal, the person having charge, care, control, custody, or possession of such animal shall report said fact forthwith to the Director. The report shall state the name and address of the person bitten, and description of the person or animal bitten, if any, and the time and place where such person or animal was bitten, and any other information so requested by the Director. A copy of the report shall be forwarded by the Director to the County Health Officer within forty-eight (48) hours. (Ord. 27-87 § 22)

5.36.250 Interfering with or mistreating police dogs prohibited.

No person shall wilfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by any peace officer in the performance of the function or duties of such department, or interfere with or meddle with any such dog while being used by said department or any member thereof in the performance of any of the functions or duties of said department or of such officer or member. (Ord. 27-87 § 23)

5.36.260 Animals which destroy property prohibited.

It is unlawful for any person owning or having under his control any animals to permit the same to damage or destroy plants or property of another person or to defecate, urinate or commit a nuisance on the property of any other person. (Ord. 27-87 § 24)

5.36.270 Biting or attacking dog—Owner guilty of misdemeanor.

The owner of a dog which bites or attacks a person when such person is conducting himself or herself peacefully and lawfully is guilty of a misdemeanor. This section shall not apply to the owner of a dog which is assisting a peace officer engaged in law enforcement duties. The provisions of this section are independent of and in addition to any other procedures or penalties set forth in this chapter. (Ord. 27-87 § 25)

Article IV. Abatement of Potentially Dangerous and Vicious Dogs

5.36.280 Purpose and intent.

Within the city there are potentially dangerous and vicious dogs which constitute a public nuisance which should be abated. The provisions of this article set forth the procedures for finding a dog potentially dangerous or vicious and subjecting the dog to appropriate controls and enforcement action. This article is intended to supplement rather than supplant any other remedy available either under state law or city ordinance. (Ord. 4-21 § 2; Ord. 27-87 § 27)

5.36.285 Exceptions.

A. This article does not apply to humane society shelters, animal control facilities, or veterinarians or to dogs while utilized by any police department or any law enforcement officer in the performance of police work.

B. No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime.

C. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault.

D. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained when teasing, tormenting, abusing, or assaulting the dog.

E. No dog may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. (Ord. 4-21 § 2)

5.36.290 Definitions.

A. “Potentially dangerous dog” means any of the following:

1. Any dog which, when unprovoked, on two (2) separate occasions within the prior thirty-six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

2. Any dog which, when unprovoked, bites a person causing a less severe injury than that defined in subsection B of this section.

3. Any dog which, when unprovoked, has seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

B. “Severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

C. “Vicious dog” means any of the following:

1. Any dog which, when unprovoked, inflicts severe injury on or kills a human being.

2. Any dog that has killed or caused the death of another domestic animal.

3. Any dog previously determined to be a potentially dangerous dog which, after its owner has been notified of this determination, continues to behave in the manner described in subsection A of this section. (Ord. 4-21 § 2; Ord. 27-87 § 28)

5.36.300 Investigation, determination, and notice.

A. Any dog quarantined pursuant to Section 5.36.230 for biting a human being or animal and any incident reported to the city concerning a potentially dangerous or vicious dog may be investigated. If, based on the investigation, it is concluded there is probable cause to believe that the dog is potentially dangerous or vicious, the owner shall be notified in writing together with the reasons therefor within ten (10) business days following completion of the investigation to the person owning or controlling the dog. If, based on the investigation, it is concluded there is probable cause to believe that a dog has engaged in the first occasion of the potentially dangerous conduct described in Section 5.36.290(A)(1), the city may issue a warning notice to the person owning or controlling the dog. A warning is not required in the determination as to whether a dog is potentially dangerous or vicious.

B. Any dog determined to be potentially dangerous or vicious is hereby deemed a public nuisance and shall be abated by appropriate order which may include, but not be limited to, any of the following actions or a combination thereof:

1. Take no further action against the dog and its owner;

2. Require that the dog be permanently removed from the city;

3. Determine that the owner will lose all rights of ownership and control of the dog;

4. Restrict the owner’s future ownership of a dog;

5. Order that the dog be put on a leash not to exceed six (6) feet long whenever accessible to public and/or be securely tied, fenced, confined, chained or muzzled;

6. Order the attendance and successful completion of behavior training classes;

7. Order the animal humanely euthanized;

8. Order any other appropriate action.

C. Notice of the determination that an animal is a potentially dangerous or vicious animal shall include notice of the right of the owner to a hearing to appeal the determination and notice that the determination will be deemed final if a hearing is not requested within seven (7) business days of the date of the notice. Notice shall further specify whether the animal is determined to be a potentially dangerous animal or vicious animal and a public nuisance, and if so found, what measures are ordered to abate the public nuisance. Notice shall be given in writing by first class mail in substantially the following form:

NOTICE REGARDING POTENTIALLY DANGEROUS OR VICIOUS DOG

NOTICE IS HEREBY GIVEN that pursuant to the provisions of the City of Dublin Municipal Code, Chapter 5.36, Article IV, it has been determined that there is probable cause to believe that you have an interest in, or have control or custody or possession of, or are keeping that certain animal described below, and that said animal is a potentially dangerous or vicious dog.

[Description of Animal; Facts Giving Rise to Notice; and Restrictions/Abatement Ordered]

FURTHER NOTICE IS HEREBY GIVEN that you have the right, within seven (7) business days of the date of this notice, to request a hearing before a hearing officer as to whether the animal is a potentially dangerous or vicious dog and a public nuisance, and if found to be a potentially dangerous or vicious dog and a public nuisance, what measures are ordered to abate the public nuisance. The hearing officer will consider the written reports and other oral and documentary evidence in making a decision. You and other interested parties may present written and oral evidence at the hearing.

If you do not request a hearing in writing, the determination that the dog is a potentially dangerous or vicious dog and therefore a public nuisance will stand, and the hearing officer may issue such orders as deemed necessary for abatement of the public nuisance. In the event your dog is found to be potentially dangerous or vicious it will be ordered to be abated as a public nuisance, subject to a fine, and any impoundment cost incurred shall be assessed against you. Abatement may include, but not be limited to, confinement, fencing, muzzling, leashing, or humane euthanasia.

Dated:

_____________

Director

(Ord. 4-21 § 2; Ord. 27-87 § 29)

5.36.310 Confinement of dog.

If there is probable cause to believe that a dog poses an immediate threat to public safety, the city shall order the dog be securely confined either on the premises of the owner or person controlling the dog, or, if considered necessary to protect the public health, safety and welfare, at an appropriate animal shelter. The confinement shall continue pending the city’s determination and the period for requesting a hearing, and if a hearing is requested, pending the decision of the hearing officer following the hearing as provided for in Section 5.36.300. (Ord. 4-21 § 2; Ord. 27-87 § 30)

5.36.320 Notice of hearing.

A hearing date shall be set no later than fifteen (15) business days from the date of receipt of a written request for a hearing. The hearing officer shall promptly set a time and place for the hearing and notice of the hearing shall be mailed or otherwise delivered to the owner or person controlling the dog or other interested persons. (Ord. 4-21 § 2; Ord. 27-87 § 31)

5.36.330 Hearing.

At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the dog is potentially dangerous or vicious. The hearing officer may uphold, modify or dismiss the city’s determination on the basis of evidence produced at the hearing. Subsequently, the hearing officer shall give written notice of his or her decision within fifteen (15) business days of the hearing to the owner. This decision shall be final. (Ord. 4-21 § 2; Ord. 27-87 § 32)

5.36.345 Appeal.

Any person aggrieved by any decision or action resulting from the hearing may appeal such decision to the Alameda County Superior Court in the manner set forth in California Food and Agricultural Code Section 31622. The filing of an appeal shall stay the decision or action appealed from. (Ord. 4-21 § 2)

5.36.350 Cost of impoundment.

If the Director finds the dog is potentially dangerous or vicious, the city-incurred costs of impoundment including any abatement shall be paid by the owner or the person controlling the dog and shall become a lien against the real property upon which the dog was kept and maintained until said assessment is paid. If the order includes the release of a dog found to be potentially dangerous or vicious to the owner or person controlling it, the dog shall not be released until such costs have been paid in full. If such costs have not been paid within thirty (30) days after the date of mailing or delivery of the order, the Director may dispose of the dog in any manner provided by law. (Ord. 4-21 § 2; Ord. 27-87 § 34)

5.36.360 Payment of assessment.

The assessment shall be due and payable within thirty (30) days after the date of mailings or delivery of the order. If the assessment is not paid on or before said date the total amount thereof shall be entered on the next fiscal year tax roll as a lien against the property upon which the dog was maintained and shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the city, or an action may be brought in the name of the city to recover the assessment. (Ord. 4-21 § 2; Ord. 27-87 § 35)

5.36.365 Fines.

Any violation of this article involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars ($500). Any violation of this article involving a vicious dog shall be punished by a fine not to exceed one thousand dollars ($1,000). (Ord. 4-21 § 2)

Article V. Impounding of Animals

5.36.370 Administrative officer designated.

It shall be the duty of the Director to take up, impound, and safely keep any of the animals enumerated in this chapter and found running at large contrary to the provisions of this chapter, staked, tied, or being herded or pastured in any street, lane, alley, court, square, park, or other place belonging to or under the control of the city. (Ord. 3-04 § 2 (part): Ord. 27-87 § 36)

5.36.380 Stray animals.

A. Every person taking up any stray animal or such animal which is running at large contrary to the provisions of this chapter shall within eight (8) hours thereafter give notice to the Director of:

1. The fact that he has such animal in his possession;

2. The complete description of such animal;

3. The license number of such animal, if any, and by county or municipal corporation issued. If such animal has no license, such person shall so state;

4. The place where such animal is confined.

B. Every such person and any person in whose custody such animal may, in the meantime, be placed may deliver such animal to the shelter without fee or charge; and the Director shall thereupon hold and dispose of such animal in the same manner as though such animal had been found at large and impounded by him. (Ord. 27-87 § 37)

5.36.390 Notification to owner.

The Director shall immediately upon impoundment of dogs or other animals make every reasonable effort to notify the owners of such dogs or other animals impounded, and inform such owners of the conditions whereby they may regain custody of such animals. If the dog has a valid license, the owner shall be notified. Such notice shall be either personal or by deposit in the mails properly addressed and postage prepaid. (Ord. 27-87 § 38)

5.36.400 Redemption of impounded animals.

All animals impounded at the shelter shall be provided with proper and sufficient food and water by the Director. Unless such unlicensed animals shall have been redeemed within five (5) days after being impounded, or licensed animals seven (7) days after notification provided for in the preceding Section, they may be sold by the Director to the person offering to pay a cash amount set by the Director, but not less than ten dollars ($10) therefor, provided, that the purchaser shall not be given possession of any dog or dogs until he shall have paid to the licensing authority the license fee or fees prescribed for such dog or dogs. If any dog or other animal impounded by the Director shall not have been redeemed within said period and cannot be sold within a reasonable time thereafter, it may be destroyed by the Director in a humane manner. In lieu of destruction, the Director may release without charge animals to any humane organization that provides an animal adoption service. The Director shall maintain a file at the shelter describing each animal impounded therein, for at least the prescribed period beginning on the day any such animal is taken or delivered into the possession of the shelter. (Ord. 27-87 § 39)

5.36.410 Reclaiming licensed animals.

The owner of any licensed impounded animal shall have the right to reclaim the same at any time prior to the lawful disposition thereof upon payment to the Director of the costs and charges by resolution provided for the impounding and keeping of said animals. (Ord. 27-87 § 40)

5.36.420 Reclaiming of unredeemed animal by owner.

The owner of any impounded animal may, at any time within thirty (30) days after sale by Director, redeem from the purchaser by paying him the amount of the purchase price paid by him to the Director, and any license fee paid and in addition thereto the sum equal to rates established by resolution per day for the number of days from the date of sale to and including the date of such redemption. (Ord. 27-87 § 41)

5.36.430 Destruction of impounded, unredeemed animals unfit for adoption.

It shall be the duty of the Director, and he is hereby so authorized, to forthwith destroy any animal lawfully impounded which is by reason of age, disease, or other cause unfit for adoption, or is dangerous to keep impounded. (Ord. 27-87 § 42)

Article VI. Exotic Animals

5.36.440 Declaration of intent.

The City Council finds and declares that it intends to provide for the public health, safety and welfare through the regulation and control of exotic animals not otherwise regulated and controlled by federal, state or local laws and hereinafter provided. (Ord. 27-87 § 48)

5.36.450 Compliance required.

The Director may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of this article. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of any permit provided for in this article. (Ord. 27-87 § 55)

5.36.460 Definitions.

For the purpose of this article, unless it is plainly evident from the context that a different meaning is intended certain terms used herein are defined as follows:

“Exotic animal” means any of the following:

1. Following members of the Class Reptilia: Order Phidia (such as, but not limited to, racers, boas, water snakes and pythons) over six feet in length, and Order Loricata (such as, but limited to, alligator, caymans and crocodiles) over two feet in length;

2. Following members of the Class Aves: Order Falconiformes (such as, but not limited to, hawks, eagles and vultures which are not kept pursuant to federal or state permit), and Subdivision Ratitae (such as, but not limited to, ostriches, rheas, cassowaries and emus);

3. Following members of the Class Mammalia: Order Carnivora, expressly excepting the domestic dog (canis familaris) and the domestic cat (felis catus) and including, but not limited to, the Family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), the Family Canidae (such as wolves, dingos, coyotes and jackals), and Order Marsupialia (such as kangaroos and common opossums (didelphis marsupiala)) and Order Chiroptera (bats) and Order Edentata (such as sloths, anteaters and armadillos), and Order Proboscidea (elephants) and Order Primatea (including, but limited to, monkeys, chimpanzees and gorillas) and Order Ungulata (including, but not limited to, antelope, deer, bison and camels);

4. Any species of animal when kept, maintained or harbored in such numbers or in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the property of human beings;

5. Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except honey-producing bees.

“Impound” means to take possession of and hold in the custody of the Director.

“Owner” means any person, firm or corporation owning, having an interest in, or having control, custody or possession of any exotic animal. (Ord. 27-87 § 49)

5.36.470 Permit—Required.

No person shall own or keep any exotic animal without first applying to and receiving from the Director a permit to do so. (Ord. 27-87 § 50 (part))

5.36.480 Permit—Application.

The application for a permit shall contain the name of the applicant, his address, the address of the proposed location of the exotic animal, if different from the applicant’s, and a brief description of the applicant’s plan for keeping the exotic animal which shall include the species of animal, the number of individuals of each species and a description of the housing facilities, for the exotic animal. (Ord. 27-87 § 50 (part))

5.36.490 Permit—Application approval.

A. Upon receipt of an application for an initial permit by the Director, he shall make any investigation he deems proper. He shall approve an application, with the concurrence of the County Health Officer, if he makes all of the findings specified below.

B. The Director shall make any investigation he deems proper. He shall approve an application if he finds all of the following:

1. The keeping of the exotic animal at the location specified in the application will not violate any ordinance or other regulation of this city or any law of the state;

2. The keeping and maintenance of the exotic animal will not endanger the peace, health, or safety of persons in the immediate vicinity, or in the city as a whole;

3. The premises and housing where the exotic animal is to be kept are in clean and sanitary condition, and any exotic animal will not be subject to suffering, cruelty or abuse;

4. The applicant has not had a permit, issued pursuant to this article, revoked within a year prior to the date of applications;

5. The keeping and maintenance of the exotic animal does not constitute a public nuisance. (Ord. 27-87 § 52)

5.36.500 Permit—Fee.

Fees for keeping of exotic animals shall be established by resolution of the City Council. The initial fee for the issuance of each permit shall be valid for a period of one year from the date of issuance unless revoked or suspended. The fee may cover either one exotic animal or a collection, and the maximum number of specimens permitted to be kept shall be specified in the permit. Whenever a new exotic animal or collection is added so as to exceed the maximum number permitted, a new permit must be secured and a new fee shall be due and payable at the time of issuance of the permit. (Ord. 27-87 § 50 (part))

5.36.510 Notification of new exotic animals required.

Whenever, in any given permit year, there are new exotic animals in a collection due to the reproduction of members of the collection or due to trade, exchange, or replacement in the same number and of the same zoological order as the members of the collection traded, exchanged or replaced, the new exotic animals do not require an additional permit during that year, provided the Director is notified in writing of the new exotic animals within thirty (30) days of acquisition. (Ord. 27-87 § 50 (part))

5.36.520 Permit—Renewal.

A. Each succeeding year a renewal permit shall be obtained by a holder of a permit to keep exotic animals. The fee for the issuance of a renewal permit shall be the same as that fee currently chargable for an initial permit, and it is due and payable each year on the anniversary of the date of the issuance of the initial permit. If during the preceding year or years, more than one initial permit has been issued an applicant, the former permits may be consolidated so that only one renewal permit is required; provided, however, that the renewal date for the consolidated permit shall be the date of the issuance of the earliest initial permit.

B. A renewal fee for an exotic animal permit shall become delinquent ninety (90) days after it becomes due and payable, and upon delinquency, an additional delinquent fee established by resolution of the City Council shall be added to the regular fee. An unpaid delinquent fee shall be added to a succeeding years renewal fee. (Ord. 27-87 § 51)

5.36.530 Permit—Revocation or suspension.

A. Any permit issued pursuant to this article may be revoked, if, after investigation and a duty noticed hearing, the Director finds any of the following to be true:

1. The permittee, his agent or employee has been convicted of any offense involving the violation of Sections 596 to 599 inclusive, of the Penal Code or is in violation of any zoning, health and safety or building ordinance relating to the keeping of exotic animals; or

2. The permittee has failed to keep and maintain the premises or housing for the exotic animals in a clean and sanitary condition; or

3. The permittee has, at the place for which the permit is issued, failed to provide any exotic animal with proper food, water, shelter or attention; or

4. The permittee has violated any rules, regulations or conditions adopted by the Director as necessary to insure the exotic animal will not endanger the peace, health or safety of any person or property; or

5. The permittee has changed the location of his residence or his place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the exotic animal for which the permit was issued.

B. If, after investigation, the Director concludes that it is probable that one or more of the above grounds for revocation has occurred, he shall cause written notice thereof to be transmitted by certified mail to the address of the permittee. Such notice shall specify the grounds for possible revocation of the permit and shall specify a date and time for an informal hearing to be held before the Director thereon. Said date shall be not less than ten days subsequent to the date of deposit, of the notice in the mail.

C. After the informal hearing, the Director may modify the terms ability and/or willingness to comply with the requirements of this article.

D. In the event that it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, the Director may suspend any permit summarily, without a hearing, for a period not to exceed thirty (30) days. (Ord. 27-87 § 53)

5.36.540 Inspection—Impoundment.

A. The premises on which an exotic animal is maintained shall be open at any reasonable hour for inspection by the Director.

B. The Director shall have the authority to enter the premises at any reasonable hour, and to take up, impound, and safely keep any exotic animal upon denial, revocation or suspension of a permit or when an owner refuses to apply for a permit, provided that (1) if the premises are occupied, he shall first present proper credentials and demand entry; and (2) if the premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises to demand entry. If entry is denied, or if the owner or individual in charge of the premises cannot be located, the Director shall have recourse to every remedy provided by law to secure entry, including but not limited to the provisions of Code of Civil Procedure Section 1822.50 et seq.

C. Procedures for the reclamation, redemption and destruction of impounded exotic animals shall be accomplished pursuant to Section 5.36.370 et seq. (Ord. 9-91 § 4(b); Ord. 27-87 § 54)

5.36.550 Exemptions.

The provisions of this article are not applicable to the following:

A. Owners who use animals for diagnostic purposes or research, and who have a valid permit issued by a governmental agency and whose animals are kept on the premises specified in the permit;

B. Owners who use animals for teaching purposes in recognized educational institutions and whose animals are kept on the premises of the institution or other authorized place;

C. Owners of establishments which treat or board animals on the premises and which are owned or operated by veterinarians licensed by the state of California;

D. Owners who are engaged in agriculture as a permitted use pursuant to the zoning ordinance and in connection therewith on the premises affected keep animals as beasts of burden (such as horses, donkeys, mules or burros), or raise animals as farm animals in dairying and animal and poultry husbandry;

E. Owners of horse riding academies and public and private horse stables and premises on which they are operated;

F. Owners of establishments licensed to keep animals for the purpose of resale whose animals are kept on the premises of such establishment or other authorized place. (Ord. 27-87 § 56)

5.36.560 Appeals.

Any person aggrieved by any decision or action resulting from the application of this article may appeal such decision to the City Manager in the manner set forth in Section 1.04.050. The filing of an appeal shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension or revocation. (Ord. 10-14 § 2: Ord. 27-87 § 57)

Article VII. Fees

5.36.570 License fee.

Annual dog license fees shall be established by resolution of the City Council upon recommendation of the Director. The fee for a neutered dog shall be one-half in amount. (Ord. 27-87 § 43)

5.36.580 Failure to procure license—Penalty.

Any person who fails to procure or renew a dog license within forty-five (45) days of the date requiring such license, shall, in addition to any other penalty prescribed in this chapter, be subject to a penalty equal to twenty-five percent (25%) of the license fee, such penalty to be added to the license fee and collected with the license fee. (Ord. 27-87 § 44)

5.36.590 Exemptions.

A. Seeing-eye dogs owned and actually used by a blind person shall be exempt from a license fee as specified in this article.

B. Any dog owned by the city or other government entity and used by a peace officer in the performance of his functions or duties shall be exempt from a license fee as specified in this article.

C. The applicant for an animal fanciers permit for livestock shall be exempt from any permit fee if such livestock are owned and raised by the applicant as a member of and as part of the regular activities of a non-profit youth organization which is formed primarily for agricultural purposes. (Ord. 27-87 §§ 7, 45)

5.36.600 Other fees and charges.

The Director shall charge, collect and receive a fee or charge: (1) for the replacement of a current dog tag which has been lost or stolen; (2) for the impoundment of animals; (3) for the feeding and caring of impounded animals; (4) for the pickup and return of stray livestock; (e) and for owner-requested euthanasia of any animal. These fees and charges shall be established by resolution of the City Council upon recommendation of the Director. (Ord. 27-87 § 46)

5.36.610 Reduction of fees.

Upon good cause shown, the Director may equitably adjust the fees and charges specified in Section 5.36.600 by the waiver or reduction thereof. The Director shall keep an accurate record of each such transaction and the reason therefor. (Ord. 27-87 § 47)