Chapter 6-1 ANIMALS AND FOWL

(c) “Animal quarters” shall mean any place used to keep animals, except a family residence, and shall include all other buildings or pens on private property if used therefor.

(d) “Area” shall mean the unincorporated area of the County or any City which has adopted the provisions of this chapter.

(e) “At large” shall mean any animal off the premises of its owner and not under restraint, leash, or chain, and not otherwise controlled by a competent person.

(f) “Director” shall mean the County Director of Field Services or his authorized deputy or representative.

(g) “Dog” shall mean any member of the canine family and shall include female as well as male dogs.

(h) “Owner” shall mean any person owning, having an interest in, feeding, or having the control, custody, or possession of any animal.

(i) “Shelter” shall mean a facility designated by the Director for the impoundment of animals.

(j) “Unlicensed animal” shall mean an animal for which a license is required and for which a license for the current year has not been paid or to which the tag provided for in Article 2 of this chapter is not attached.

(k) “Wild animal” shall mean any animal not ordinarily and customarily domesticated.

(Sec. 3.2, E.T.C., as added by Ord. 71-03)

6-1.103 Contracts for Services by Outside Agencies.

The Council may enter into a contract on behalf of the City with a county, another city, a humane society, or other persons who are performing any of the duties to be performed pursuant to the provisions of this chapter, including the impounding and care of animals.

(Sec. 3.101, E.T.C., as added by Ord. 71-03)

6-1.104 Fees.

License, impounding, feeding, boarding, and other fees shall be adopted by resolution of the Council.

(Sec. 3.80, E.T.C., as added by Ord. 71-03, as amended by Ord. 73-08)

6-1.105 Animal Hospitals: Permits: Required.

It shall be a violation of this Code to operate any hospital, home, asylum, or other institution where diseased animals are treated or kept unless the owner thereof shall apply for and obtain a permit to do so. Such permit shall be applied for, granted, and in existence before such animal hospital shall be operated.

(Sec. 3.120, E.T.C., as added by Ord. 71-03; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)

6-1.106 Animal Hospitals: Permits: Granting.

The Chief of Police shall grant any permit required by the provisions of Section 6-1.105 of this article, where the operation of the facility will be clean and sanitary and will not affect the health of the residents of the City.

(Sec. 3.120, E.T.C., as added by Ord. 71-03)

6-1.107 Keeping of Vicious Animals Within the City Prohibited: Misdemeanor Penalty.

(a) Vicious Animals Prohibited. It shall be unlawful to keep any vicious animal as defined in this section within the boundaries of the City of Emeryville, subject to a misdemeanor penalty as set forth in Section 1-2.01.

(b) Vicious Animals Defined. For the purposes of this section, any dog or other animal which has displayed any of the following behaviors is rebuttably presumed to be vicious:

(1) The dog or other animal has behaved in such a manner that the owner or person in control of the dog or other animal knows or should reasonably know that the dog or other animal has the propensity to bite human beings, or cause any other physical injury to persons.

(2) The dog or other animal has twice within a forty-eight (48) month period bitten or caused any physical injury to, or been frustrated in an attempt to bite or cause any physical injury to, a human being.

(3) The dog or other animal has caused substantial physical injury to a human being, including but not limited to a bite, requiring medical attention on the part of the victim.

(4) The dog or other animal has twice within a forty-eight (48) month period bitten or caused any physical injury to, or been frustrated in an attempt to bite or cause physical injury to, any other domesticated animal.

(5) The dog or other animal has caused the death of, or permanent physical injury to, any other domesticated animal.

(c) Rebutting the Presumption of Viciousness. For the purposes of this section, a dog or other animal presumed vicious under Section 6-1.107(b) may be found not to be a vicious animal under any of the following circumstances:

(1) The human being bitten or otherwise physically injured by the dog or other animal deliberately and intentionally provoked, tormented, teased, or abused the dog or other animal immediately prior to the infliction of the bite or other physical injury.

(2) The person bitten or otherwise physically injured by the dog or other animal was injured while committing a trespass upon the private property of the person in control of the dog or other animal.

(3) The human being bitten or otherwise physically injured by the dog or other animal committed an unprovoked assault or battery upon the person in control of the dog or other animal immediately prior to the infliction of the bite or other physical injury.

(4) The human being was bitten or otherwise physically injured by a professionally trained guard dog during the commission of a crime while on posted private property.

(5) The domesticated animal was permanently injured or killed by a dog or other animal while on the securely enclosed, fenced property of the person in control of the injuring dog or other domestic animal.

(6) The subject contact between the dog or other animal and the human being or domesticated animal did not suggest any vicious disposition in the dog or other animal.

(d) Police Dogs Exempt. A dog assisting a peace officer engaged in law enforcement duties shall be exempt from the provisions of this section.

(e) Persons Conducting Themselves Peaceably and Lawfully.

(1) For the purposes of this section, a person is peaceably and lawfully upon the private property of another when he is on such property in the performance of any duty imposed upon him by the laws of this State or City or County, or the postal regulations of the United States or when he is on such property upon invitation, expressed or implied.

(2) The presumption of viciousness shall not be deemed rebutted if the person attacked was conducting himself peaceably and lawfully while on the property of the owner or person in control of the dog or other animal.

(f) Initiation of a Vicious Animal Determination Hearing.

(1) The Animal Control Officer designated by the City of Emeryville and/or an officer of the Emeryville Police Department shall promptly investigate any report to the Police Department of an incident involving the infliction of a bite or any other physical injury upon a person or any domesticated animal within the City.

(2) If the Animal Control Officer and/or the Police Officer finds after investigation and inspection that there are reasonable grounds to believe a dog or other animal is vicious under the criteria established under Section 6-1.107(b), the Animal Control Officer or the Police Officer shall so certify in writing to the Police Chief.

(3) If the owner or person in control of the dog or other animal subject to the investigation is absent or otherwise refuses to cooperate with the investigation, then the Animal Control Officer and/or the Police Officer shall so certify in writing to the Police Chief.

(4) Upon the receipt of certification pursuant to subsection (f)(2) or (f)(3) above, the Chief of Police shall schedule a time and place for a vicious animal determination hearing regarding the subject dog or other animal as soon as is reasonably possible. The hearing shall be scheduled no more than ten (10) days from the receipt of the certification.

(g) Isolation Prior to Hearing. Following the scheduling by the Chief of Police of a vicious animal determination hearing, the Police Department shall inform the owner or person in control of the dog or other animal in writing that the subject animal must be properly isolated pending the final outcome of the vicious animal determination hearing process. Failure to isolate the animal may, at the discretion of the Chief of Police, lead to summary seizure and impoundment under Section 6-1.107(h). The owner or person in control of the animal must isolate the dog or other animal by:

(1) Securing the dog or other animal upon the property of the owner or person in control of the animal in such a way as to ensure the protection of persons and domesticated animals from the dog or other animal; or by

(2) Placing the animal in a commercial kennel at the expense of the owner or person in control of the animal; or by

(3) Removing the animal from the City.

(h) Summary Seizure and Impoundment.

(1) Notwithstanding any other provision of this section, the Chief of Police may order a Police Officer or Animal Control Officer to summarily seize and impound a dog or other animal prior to a vicious animal determination hearing when the Chief of Police has determined that the dog or other animal poses an immediate or substantial threat to the public welfare. Impoundment shall continue pending the final outcome of the vicious animal determination hearing process under this section.

(2) A Police Officer or Animal Control Officer is hereby deemed authorized to enter onto private property for the exclusive purpose of summarily seizing and impounding a dog or other animal when directed to do so by the Chief of Police consistent with the terms of this section.

(3) All impoundment costs are to be assessed to the owner or person in control of the dog or other animal in a manner consistent with that established in Section 6-1.107(n).

(i) Duty to Inquire. Any person who owns or controls a dog or other animal has a duty to make inquiry of the Emeryville Police Department or other appropriate County agency to learn if the dog or other animal has been impounded, whenever a dog is known to have been missing from the person’s property for more than two (2) hours and that person has not received notice subject to Section 6-1.107(j).

(j) Notice of Summary Impoundment.

(1) Whenever the owner or person controlling a dog or other animal is not present at the time a dog or other animal is summarily seized and impounded, the seizing Police Officer and/or Animal Control Officer shall post a notice of impoundment on the front door or other appropriate place at the residence of such person, which notice shall state:

(i) That the dog or other animal has been impounded;

(ii) Where the dog or other animal is being held;

(iii) The name, address, and telephone number of the agency or person to be contacted regarding release of the dog or other animal;

(iv) The consequences of not requesting a hearing within seventy two (72) hours of the dog or other animal’s seizure, as specified in Section 6-1.107(k);

(v) The requirements for pre hearing release of the dog or other animal as specified in Section 6-1.107(k).

(2) If the owner or controller of the dog or other animal is present at the time of seizure, that person shall be given a written notice containing the information specified above.

(k) Post-seizure Request for Vicious Animal Determination Hearing.

(1) If the owner or controller of a dog or other animal seized under the provisions of Section 6-1.107(h) seeks to have the dog or other animal released from impoundment, that person must request a vicious animal determination hearing. Such a request must be received by the Police Department within seventy-two (72) hours of the seizure.

(2) The seventy two (72) hour period does not include any day that the impounding facility is closed to the public.

(3) If no request is made by the owner or controller of the dog or other animal within seventy two (72) hours, the dog or other animal may be destroyed or otherwise disposed of in accordance with law.

(4) Upon the scheduling of a vicious animal determination hearing, the Chief of Police may order the release of the impounded dog or other animal, so long as the owner or person in control of the animal agrees to comply with the provisions of Section 6-1.107(g).

(l) Vicious Animal Determination Hearing – Notice to Owner.

(1) The Police Department shall deliver notice of the vicious animal determination hearing by mail to the owner or person who has an apparent right to control the dog or other animal at the place where the dog or other animal is kept or maintained, at least seven (7) days prior to the date set for a hearing.

(2) As an alternative to sending such notice by mail, the Police Department may either deliver a copy of the notice by personal service to an adult at the address where the animal is kept and maintained or post such notice prominently at that address at least five (5) days prior to the date of the hearing.

(3) In the event that the owner of the property on which the animal is kept and maintained is listed in the real property records as residing elsewhere, a copy of the notice shall also be mailed to the record owner of the property at the other address in the same manner as if she or he were the owner of the animal.

(4) The notice shall be in substantially the following form:

Notice of Vicious Animal Determination Hearing

NOTICE IS HEREBY GIVEN that pursuant to the provisions of Section 6-1.107 of the Emeryville Municipal Code, the Animal Control Officer and/or an Officer of the Emeryville Police Department has certified that there are reasonable grounds to believe your animal may be vicious. Your animal is described as ________.

FURTHER NOTICE IS HEREBY GIVEN that on _________ the ____ day of ______, 200__, at the hour of ____o’clock, in the Police Administration Building, 2449 Powell Street, Emeryville, California, the report of the Animal Control and/or Police Officer will be considered together with any oral and documentary evidence bearing upon the question of whether your animal, described in this notice, is vicious. You may appear and present evidence at this hearing.

In the event your animal is determined to be vicious, it will be destroyed or abated as a public nuisance. Any costs of impoundment prior and subsequent to the hearing and all costs associated with the destruction or abatement of the animal will be charged against you and/or the owner of the property where your animal is maintained.

Dated: _______________________

By: __________________________

Chief of Police

(m) Vicious Animal Determination Hearing Procedure.

(1) A Hearing Officer appointed by the Chief of Police shall preside at the vicious animal determination hearing. At the hearing both oral and documentary evidence shall be taken and considered by the Hearing Officer bearing upon the question of whether the dog or other animal is vicious under subsections (b) through (f) of Section 6-1.107. The dog or animal owner or person who has a right to control the dog or animal and the Animal Control Officer, Police Officers, or Chief of Police may be represented by counsel, may present evidence, and may cross-examine witnesses. Strict rules of evidence shall not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(2) Once the Animal Control Officer, Police Officer, or Chief of Police have presented evidence of the dog or other animal’s viciousness, the burden of going forward shifts to the owner or person in control of the dog or other animal to rebut the presumption as specified in Section 6-1.107(c).

(3) At the discretion of the Hearing Officer, the hearing may be continued. No hearing shall be continued without the owner or person in control of the animal providing proof to the Hearing Officer that the animal will continue to be isolated in a manner consistent with that established under Section 6-1.107(g).

(4) If the Hearing Officer finds that the dog or other animal is vicious, he shall so specify in writing together with particular findings of fact. Any animal found to be vicious shall be deemed to be a public nuisance, and shall be, pursuant to the order of the Hearing Officer, destroyed, removed from the City, or otherwise abated.

(5) The decision of the Hearing Officer may be appealed by any interested party to the Superior Court. In order to facilitate the appeal, the Hearing Officer shall stay the effect of his or her decision upon request for up to fifteen (15) days, provided that the person owning or controlling the dog or other animal demonstrates to the satisfaction of the Hearing Officer that the dog or other animal will continue to be isolated or impounded and a bond in the amount of the per diem cost of impoundment is paid.

(n) Cost of Abatement Paid by Owner.

(1) The cost of abating a vicious dog or other animal shall be paid by the owner or person in control of the dog or other animal and shall become a lien against the property upon which the animal is kept and maintained until said assessment is paid.

(2) The assessment shall be paid on or before the 15th day of July following its imposition. If the assessment is not paid on or before that date, the total amount due shall be entered as a lien against the property of the owner of the property where the dog or other animal was maintained and shall be subject to the same penalties as are provided for other delinquent assessments as provided in Sections 6-2.10 and 6-2.11 of the Emeryville Municipal Code.

(3) In the event that legal action is necessary to collect said assessment, the owner or controller of the dog or other animal shall pay all the expenses thereof including but not limited to reasonable attorney’s fees incurred by the City.

(Sec. 3.13, E.T.C., as added by Ord. 71-03, as amended by Ord. 72-011; Sec. 1, Ord. 90-19, eff. Jan. 17, 1991; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)

6-1.108 Keeping Animals Other than Domestic Pets: Permits Required.

No animal which is not a domestic pet shall be kept within the City without first obtaining a permit from the Police Department or other authorized licensing authority.

(Sec. 3.103, E.T.C., as added by Ord. 71-03)

6-1.109 Care of Animals.

(a) All animals shall be kept in a clean and sanitary condition and without disease.

(b) All animal quarters shall be at least twenty feet (20') away from any inhabited building.

(Sec. 3.12, E.T.C., as added by Ord. 71-03, as amended by Ord. 72-011, and Sec. 3.100, E.T.C., as added by Ord. 71-03)

6-1.110 Keeping Diseased Animals.

No animal infected with a contagious or infectious disease shall be allowed to remain in the City; nor shall such animals be shipped or removed from the premises of the owner except under the supervision of the Director, the Chief of Police, the Health Officer, or a licensed veterinarian.

(Sec. 3.104, E.T.C., as added by Ord. 71-03)

6-1.111 Feeding Animals.

It shall be a violation of this Code for any person to feed any animal not owned by him, except on the premises of the owner and with the consent of the owner. No person shall expose any garbage or food to any animal.

(Sec. 3.102, E.T.C., as added by Ord. 71-03; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)

6-1.112 Breeding Animals.

It shall be a violation of this Code for any person to establish or maintain any place where more than two (2) animals are kept for more than two (2) months within the City unless a permit is first obtained from the City.

(Sec. 3.11, E.T.C., as added by Ord. 71-03; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)

6-1.113 Animals Running at Large.

It shall be a violation of this Code for any person owning or having under his control any animal to permit such animal to be at large within the City unless such animal is securely restrained by a substantial leash and is in the charge and control of a competent person.

(Sec. 3.10, E.T.C., as added by Ord. 71-03; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)

6-1.114 Police Dogs: Interfering: Mistreatment.

No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog or animal used by the County Sheriff or by the Police Department in the performance of the functions or duties of such department. No person shall interfere with or meddle with any such dog while being used by such department, or any member thereof, in the performance of any function or duty of such department or of such officer or member.

(Sec. 3.53, E.T.C., as added by Ord. 71-03)

6-1.115 Sales of Novelty Animals and Fowl.

It shall be a violation of this Code for any person to display, sell, offer for sale, barter, or give away in the City any reptile or live baby chick, rabbit, duckling, or other fowl as a pet or novelty, whether or not dyed, colored, or otherwise artificially treated; provided, however, the provisions of this section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings, or other fowl in proper facilities by dealers, hatcheries, or stores engaged in the business of selling fowl to be raised or sold for food purposes.

(Sec. 3.123, E.T.C., as added by Ord. 71-03; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)

6-1.116 Animals Affecting the Health and Safety.

No animal should be kept by any person in the City which may unjustly affect the health and safety of any neighborhood or of any person.

(Sec. 3.12, E.T.C., as added by Ord. 71-03, as amended by Ord. 72-011)

6-1.117 Public Nuisances.

(a) Disturbing the Peace. No person owning, keeping, or having in his care or custody any dog or other animal shall knowingly permit such dog or animal, by barking or other noise or sound, to disturb the peace and quiet of any other person. The provisions of this section shall not be construed to prohibit the keeping of any watchdog, provided the keeper thereof takes immediate steps to quiet such dog whenever it barks and provided such keeper never leaves such dog unattended on the premises in a place where the barking, if prolonged or if repeated any undue number of times, disturbs the peace and quiet of any other person.

(b) Disturbing the Peace: Notices: Compliance. No person, after being informed orally or in writing by an authorized City official that his dog or other animal has disturbed the peace and quiet of any other person by barking or other noise or sound, shall fail, refuse, or neglect to take whatever steps or use whatever means are necessary to assure that such dog or animal does not again disturb the peace and quiet of any other person.

(c) Private Property. It shall be a violation of this Code for any person owning or having under his control any animal to permit such animal to damage or destroy the plants or property of another person or to defecate or commit a nuisance on the property of another person.

(Secs. 3.14 and 3.15, E.T.C., as added by Ord. 71-03, as amended by Ord. 72-011, and Ord. 81-07, eff. Nov. 19, 1981; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)

6-1.118 Violations: Penalties.

It shall be a violation of this Code for any person to violate any provision or to fail to comply with any requirement of this chapter. In addition to any of the penalty provisions set forth in this chapter, any person violating any provision of this chapter shall be subject to administrative citation pursuant to Chapter 7 of Title 1.

(Sec. 3.140, E.T.C., as added by Ord. 71-03, as amended by Ord. 81-07, eff. Nov. 19, 1981; Sec. 2, Ord. 23-003, eff. Nov. 16, 2023)

Article 2. Licenses

6-1.201 Licenses: Dogs: Required.

Every person owning, possessing, controlling, harboring or keeping any dog over four (4) months of age shall procure an annual license tag for each such dog as long as the ownership of the dog continues. Such licenses shall be procured within ten (10) days after acquiring or bringing into the City any such dog.

(Sec. 3.26, E.T.C., as added by Ord. 71-03)

6-1.202 Licenses: Dogs: Exemptions.

The license and registration provisions of this article shall not apply to the following:

(a) Dogs kept by persons who are temporarily within the City for a period not to exceed six (6) weeks;

(b) Dogs brought into the City for the purpose of participating in a dog show or exhibition;

(d) Dogs licensed by the County or a city within the area, as defined in subsection (d) of Section 6-1.102 of Article 1 of this chapter.

(Sec. 3.27, E.T.C., as added by Ord. 71-03)

6-1.203 Licenses: Applications.

The owner shall state at the time an application is made for a dog license, upon standard printed forms of application provided for such purpose, the name and address of the owner and the name, breed, color, age and sex of each dog for which such application is made.

(Sec. 3.28, E.T.C., as added by Ord. 71-03)

6-1.204 Licenses: Fees: Dogs: Exceptions.

The following dogs shall be exempt from the license fees provided for in Article 1 of this chapter:

(a) Seeing-Eye dogs owned and actually used by blind persons; and

(b) Dogs owned by the County or the City and used by the Sheriff or Police Department in the functions or duties of such officer or department.

(Secs. 3.83 and 3.84, E.T.C., as added by Ord. 71-03)

6-1.205 Dogs: Licenses: Nontransferability: Fees: Refunds.

Prior to issuance of a dog license, the licensee shall pay a license fee, the amount of which shall be as set forth in the Master Fee Schedule, Chapter 7 of Title 3 of this Code. The license shall not be transferable, nor shall there be any refunds made on a dog license.

(Sec 3.36, E.T.C., as added by Ord. 71-03; as amended by Sec. 18, Ord. 89-006, eff. May 18, 1989)

6-1.206 Dogs: Vaccinations: Required.

As a condition for the issuance of a license pursuant to the provisions of Section 6-1.201 of this article, all applicants for dog licenses shall procure and deliver to the licensing authority a certificate issued by a duly licensed veterinarian certifying that the dog to be licensed has been administered an antirabies vaccination within thirty (30) days prior to the issuance of such license or has received an antirabies vaccination sufficient to immunize such dog against rabies for the current license period.

(Sec. 3.29, E.T.C., as added by Ord. 71-03)

6-1.207 Dogs: Vaccinations: Display of Licenses.

When a duly licensed veterinarian practicing within the City 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 the necessary materials to each veterinarian for the purpose of reporting such information.

(Sec. 3.29, E.T.C., as added by Ord. 71-03, as amended by Ord. 73-08)

6-1.208 Dogs: Tags and Certificates: Issuance.

A metallic tag and license certificate with a corresponding number shall be furnished by the licensing authority upon the payment of the appropriate fees provided for in Article 1 of this chapter.

(Sec. 3.30, E.T.C., as added by Ord. 71-03)

6-1.209 Dogs: Tags and Certificates: Records.

The licensing authority shall keep a record of the name of the owner or person making the payment of the license fee provided for in Article 1 of this chapter, to whom the certificate and tag shall have been issued, and the number and date of such certificate and tag.

(Sec. 3.31, E.T.C., as added by Ord. 71-03)

6-1.210 Dogs: Tags and Certificates: Exhibition on Demand.

No person shall fail or refuse to show to the Director or a deputy sheriff or police officer the license certificate and the tag of any duly registered dog kept or remaining in any home or upon any enclosed premises under the immediate control of such person.

(Sec. 3.32, E.T.C., as added by Ord. 71-03)

6-1.211 Dogs: Tags: Use.

Any metal tag issued pursuant to the provisions of Section 6-1.208 of this article shall be securely fixed to a collar, harness, or other device and shall be worn at all times by the dog for whom the registration was issued.

(Sec. 3.31, E.T.C., as added by Ord. 71-03)

6-1.212 Dogs: Tags: Removal.

No unauthorized person shall remove from any dog any collar, harness, or other device to which is attached a certificate, a registration tag for the current year, or a rabies tag or remove such tags therefrom.

(Sec. 3.33, E.T.C., as added by Ord. 71-03)

6-1.213 Dogs: Tags: Lost or Destroyed.

If the dog license tag issued pursuant to the provisions of Section 6-1.208 of this article is lost or destroyed, the owner shall immediately procure a new duplicate license tag from the licensing authority.

(Sec. 3.34, E.T.C., as added by Ord. 71-03)

6-1.214 Dogs: Tags: Counterfeiting.

No person shall imitate or counterfeit the tags required by the provisions of this article or have in his possession any such imitation or counterfeit tag.

(Sec. 3.35, E.T.C., as added by Ord. 71-03)

6-1.215 Animal Quarters: Permits: Fees.

No person shall establish or maintain animal quarters, as defined in subsection (c) of Section 6-1.102 of Article 1 of this chapter, without first obtaining a permit from the Tax Collector and paying the required fees.

(Sec. 3.25, E.T.C., as added by Ord. 71-03)

6-1.216 Kennels: Business Licenses: Taxes.

Every person conducting or maintaining a dog kennel shall secure a business license and pay a business tax as set forth in Section 3-1.125 of this code.

(Sec. 3.121, E.T.C., as added by Ord. 71-03)

6-1.217 Pet Shops: Animal Hospitals: Business Licenses: Taxes.

No person shall establish or operate a pet shop or animal hospital without first securing a business license and paying a business tax as set forth in Chapter 1 of Title 3 of this Code.

(Sec. 3.122, E.T.C., as added by Ord. 71-03)

Article 3. Impounding

6-1.301 lmpoundment.

It shall be the duty of the Director to take up, impound, and safely keep any animal found running at large, staked, tied, or being kept on any private property or City property contrary to the provisions of this chapter. The required holding period for a stray dog shall be as provided in Food and Agriculture Code Section 31108, as now provided or as may hereafter be amended. The required holding period for a stray cat shall be as provided in Food and Agriculture Code Section 31752, as now provided or as may hereafter be amended.

(Sec. 3.65, E.T.C., as added by Ord. 71-03; Sec. 2, Ord. 14-007, Eff. July 3, 2014)

6-1.302 Care.

All animals impounded at the shelter shall be provided with proper and sufficient food and water by the Director.

(Sec. 3.68, E.T.C., as added by Ord. 71-03)

6-1.303 Notices.

The Director, immediately upon the impoundment of any dog or other animal, shall 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 the custody of such animals. If an impounded dog has a valid license, the owner shall be notified. Such notice shall be either personal or by deposit in the mail, properly addressed and postage prepaid.

(Sec. 3.67, E.T.C., as added by Ord. 71-03)

6-1.304 Redemption.

(a) The owner of any licensed impounded animal shall have the right to reclaim such animal at any time prior to the lawful disposition thereof upon payment to the Director of the costs and charges for impounding and keeping of such animal. The owner shall show proof of a valid, current, antirabies vaccination of any dog so impounded.

(b) An impounded animal that is not spayed or neutered shall be spayed or neutered at the owner’s expense before being returned to the owner, subject to the conditions and exceptions provided in this section.

(1) The owner shall be given a choice of veterinarians to perform the procedure. If the owner does not select a veterinarian, the City may choose one.

(2) The City may order the spay or neuter of an impounded animal without the owner’s consent. Provided, however, the City may not have an impounded animal spayed or neutered without the consent of the owner until at least seven (7) days after impoundment, unless the seventh day falls on a day that the animal shelter is closed, in which case the procedure shall be stayed until the next working day.

(3) An owner who objects to the spay or neuter procedure may, within seven (7) days after impoundment, request a hearing. In which case the spay or neuter procedure will be stayed and the animal shall continue to be impounded at the animal shelter until final disposition of the hearing. A hearing officer designated by the City Manager shall determine whether the animal may be returned to its owner without first being spayed or neutered. In making this determination, the hearing officer shall determine whether the risk that the animal will produce unwanted offspring outweighs the reasons given by the owner against conducting the procedure. The decision of the hearing officer shall be final with no further right of administrative appeal. The owner is responsible for all boarding fees during the entire impound period. Failure by the owner to request a hearing in the timeframe described herein shall be deemed a waiver of the right to a hearing.

(4) This subsection shall not apply if a licensed veterinarian certifies that the animal: (a) should not be spayed or neutered for health reasons; or (b) is permanently infertile.

(Secs. 3.68 and 3.69, E.T.C., as added by Ord. 71-03; Sec. 3, Ord. 14-007, Eff. July 3, 2014)

6-1.305 Sale and Disposal.

Unlicensed impounded animals which are not reclaimed by their owner and that have been held for the required holding period may be sold by the Director to the person offering to pay a cash amount set by the Director; provided, however, the purchaser shall not be given the possession of any dog until the purchaser shall have paid the licensing authority for the license fee prescribed for such dog; and further provided, that subject to the provisions of Food and Agriculture Code Section 30503 in the case of dogs, and Food and Agriculture Section 31752 in the case of cats, as now provided or as may hereafter be amended, the purchaser shall not be given possession until such dog or any cat so purchased shall have been spayed or neutered and such person has paid the cost therefor. If any dog or another animal impounded by the Director shall not have been redeemed within such period and cannot be sold within a reasonable time thereafter, such dog or other animal may be destroyed by the Director in a humane manner. In lieu of destruction, the Director may release, without charge, any animal to any humane organization which provides an animal adoption service.

The Director may waive the spay or neuter deposit for transfers to other public animal control agencies or shelters, societies for the prevention of cruelty to animals, humane society shelters, rescue groups, or veterinarians.

(Sec. 3.68, E.T.C., as added by Ord. 71-03; Sec. 4, Ord. 14-007, Eff. July 3, 2014)

6-1.306 Sales: Redemption by Owners from Purchasers.

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

(Sec. 3.70, E.T.C., as added by Ord. 71-03)

6-1.307 Destruction of Aged, Diseased, Unfit and Dangerous Animals.

It shall be the duty of the Director, and he is hereby authorized, to forthwith destroy any animal lawfully impounded which is unfit for adoption or dangerous to keep impounded by reason of age, disease, or other cause.

(Sec. 3.71, E.T.C., as added by Ord. 71-03)

6-1.308 Stray Animals: Reports.

Every person taking up any stray animal or an animal running at large contrary to the provisions of this chapter, within eight (8) hours thereafter, shall give notice to the Director of the following:

(a) The fact that such person has such animal in his possession;

(b) The complete description of such animal;

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

Every such person and any person in whose custody such animal may be placed in the meantime may deliver such animal to the shelter without fee or charge. 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.

(Sec. 3.66, E.T.C., as added by Ord. 71-03)

6-1.309 Records.

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.

(Sec. 3.68, E.T.C., as added by Ord. 71-03)

Article 4. Rabies Control

6-1.401 Biting Animals: Reporting.

Whenever any person having the 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 the charge, care, control, custody, or possession of such animal shall report such fact forthwith to the Director. Such report shall state:

(a) The name and address of the person bitten;

(b) The description of the animal bitten, if any;

(d) Any other information requested by the Director.

A copy of such report shall be forwarded by the Director to the Health Officer within forty-eight (48) hours.

(Sec. 3.52, E.T.C., as added by Ord. 71-03)

6-1.402 Biting Animals and Animals with Evidence of Rabies: Quarantine.

Whenever it is shown that any dog or other animal has bitten any person or animal or exhibits evidence of rabies, no owner or person having the custody or possession of such dog or other animal, upon an order of the Health Officer, Director, or Police Department, shall fail, refuse, or neglect to quarantine such animal and keep it tied or confined for a period of ten (10) days, and no such person shall fail, refuse, or neglect to allow the Health Officer or his deputies, the Director, or the Police Department to make an inspection or examination of such dog or other animal at any time during such period. No such dog or other animal shall be removed or released during the quarantine period without the written permission of the Health Officer or his deputies, the Director, or the Police Department. Unless otherwise specified by the Health Officer, the Director, or the Police Department, such animal shall be confined in a shelter or veterinarian hospital at the expense of the owner.

(Sec. 3.50, E.T.C., as added by Ord. 71-03)

6-1.403 Biting Animals and Animals with Evidence of Rabies: Quarantine: Laboratory Examinations.

The head of an animal dying while under isolation shall be submitted to the laboratory of the County Health Department for an examination for rabies.

(Sec. 3.51, E.T.C., as added by Ord. 71-03)

Article 5. Pigeons

6-1.501 Banding and Registration.

All pigeons kept within the City shall be banded and registered. Pigeons shall be registered with the Police Department or other agency designated by the Council. The owner shall state at the time of registration, upon such form or registration which may be prescribed for such purpose, his name and address and the type and sex of each pigeon to be registered. Such registration shall be made annually on or before July 1 of each year or within thirty-one (31) days after a pigeon is brought into the City, whichever occurs first.

(Secs. 3.37 and 3.38, E.T.C., as added by Ord. 71-03)

CHAPTER 1.ANIMALS AND FOWL

6-1.101 Title.

6-1.102 Definitions.

6-1.103 Contracts for Services by Outside Agencies.

6-1.104 Fees.

6-1.105 Animal Hospitals: Permits: Required.

6-1.106 Animal Hospitals: Permits: Granting.

6-1.107 Keeping of Vicious Animals Within the City Prohibited: Misdemeanor Penalty.

6-1.108 Keeping Animals Other than Domestic Pets: Permits Required.

6-1.109 Care of Animals.

6-1.110 Keeping Diseased Animals.

6-1.111 Feeding Animals.

6-1.112 Breeding Animals.

6-1.113 Animals Running at Large.

6-1.114 Police Dogs: Interfering: Mistreatment.

6-1.115 Sales of Novelty Animals and Fowl.

6-1.116 Animals Affecting the Health and Safety.

6-1.117 Public Nuisances.

6-1.118 Violations: Penalties.

6-1.201 Licenses: Dogs: Required.

6-1.202 Licenses: Dogs: Exemptions.

6-1.203 Licenses: Applications.

6-1.204 Licenses: Fees: Dogs: Exceptions.

6-1.205 Dogs: Licenses: Nontransferability: Fees: Refunds.

6-1.206 Dogs: Vaccinations: Required.

6-1.207 Dogs: Vaccinations: Display of Licenses.

6-1.208 Dogs: Tags and Certificates: Issuance.

6-1.209 Dogs: Tags and Certificates: Records.

6-1.210 Dogs: Tags and Certificates: Exhibition on Demand.

6-1.211 Dogs: Tags: Use.

6-1.212 Dogs: Tags: Removal.

6-1.213 Dogs: Tags: Lost or Destroyed.

6-1.214 Dogs: Tags: Counterfeiting.

6-1.215 Animal Quarters: Permits: Fees.

6-1.216 Kennels: Business Licenses: Taxes.

6-1.217 Pet Shops: Animal Hospitals: Business Licenses: Taxes.

6-1.301 lmpoundment.

6-1.302 Care.

6-1.303 Notices.

6-1.304 Redemption.

6-1.305 Sale and Disposal.

6-1.306 Sales: Redemption by Owners from Purchasers.

6-1.307 Destruction of Aged, Diseased, Unfit and Dangerous Animals.

6-1.308 Stray Animals: Reports.

6-1.309 Records.

6-1.401 Biting Animals: Reporting.

6-1.402 Biting Animals and Animals with Evidence of Rabies: Quarantine.

6-1.403 Biting Animals and Animals with Evidence of Rabies: Quarantine: Laboratory Examinations.

6-1.501 Banding and Registration.

CHAPTER 1.
ANIMALS AND FOWL