Chapter 7.02
GENERAL PROVISIONS AND DEFINITIONS
Sections:
7.02.030 Enforcement responsibility—Appealability of determinations.
7.02.040 Entering on private property—Warrants.
7.02.050 Authority to arrest and to issue notices to appear.
7.02.060 Obstructing officers unlawful.
7.02.070 Use of equipment to impound.
7.02.010 Short title.
This title shall be known as, and may be cited and referred to as, the “animal services ordinance” of the city. (Ord. 1120 § 2 (part), 2009)
7.02.020 Definitions.
For the purposes of this title, unless the context clearly indicates otherwise, the following words, terms and phrases shall have the following meaning. Words, terms or phrases which are not defined shall be construed and understood according to their ordinary and common usage and meaning.
“Animal services department” means the department within the city primarily responsible for implementation and enforcement of this title. The animal services department shall be under the direction and supervision of the city manager or the city manager’s designee. The animal services department shall be comprised of the chief of animal services and such additional animal services officers and administrative staff as determined appropriate by the city manager.
“Animal services officer” means those persons within the animal services department charged with enforcement of this title, including the chief of animal services.
“Animal shelter” means the facilities designated by the city for the impoundment, holding, and handling of animals on behalf of the city.
“At large” means an animal off the premises of its owner and not under restraint by leash, lead, or tether not exceeding eight feet in length; provided, however, that an animal otherwise meeting this definition shall not be considered at large under the following situations: (A) the animal is assisting a peace officer engaged in law enforcement duties or participating in search and rescue efforts at the specific request of a law enforcement authority; or (B) the animal is enrolled in and actually participating in an animal training or obedience course, exhibition, or competition on private or public property with the permission of the owner of the property; or (C) the animal is assisting the owner or person in charge of livestock in the herding or control of such livestock; or (D) at a public or private dog park.
“Chief of animal services” means the animal services officer designated by the city manager as the chief of animal services, who shall be in charge of and oversee the animal services department.
“Dangerous animal” or “potentially dangerous animal” means:
1. Any animal which, when unprovoked, on two separate occasions within the prior thirty-six-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the property of the owner or keeper of the animal; or
2. Any animal which, when unprovoked, bites a person causing a less than severe injury as that term is defined herein; or
3. Any animal which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury by attacking a domestic animal off the property of the owner or keeper of the animal.
“Domestic animal” means animals commonly kept as pets or raised as farm or livestock animals and generally not dangerous to humans, including, but not limited to, dogs, cats, domestic birds, fish, horses, donkeys, mules, burros, cattle, sheep, goats, swine, rabbits, fowl, rats, hamsters, guinea pigs, gerbils, small snakes, reptiles, frogs, and small turtles and tortoises.
“Euthanize” means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that involves anesthesia, produced by an agent which causes the painless loss of consciousness and death during such loss of consciousness by injection.
“Harbor” means the feeding, caring for, and/or sheltering of an animal for three or more consecutive days.
“Health officer” means the county health officer unless the city manager or city council designates a city health officer within the city other than the county health officer.
“Impound” means taking physical control of and holding an animal by an animal services officer or other authorized person.
“Livestock” means animals commonly used in farming, including, but not limited to, swine, sheep, goats, horses, cattle, equine or bovine animals, chickens, llamas, and alpacas.
“Owner” means a person, firm, partnership, corporation, association, trust, organization, or entity of any kind owning, harboring, or having control, custody, or possession of an animal. All persons over the age of eighteen years residing at the same property address shall be rebuttably presumed to be the owner of any animal owned, possessed, harbored, or controlled on the property.
“Quarantine” means the strict confinement of an animal at a location designated by the chief of animal services, which may be the animal shelter, private premises of the owner, or other location, and kept under restraint by leash, closed cage, paddock, or other restraint as specified in an order of quarantine of the animal services department or other authorized public official.
“Service dog” means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.
“Severe injury” means any physical injury to a human being or animal that results in muscle tears or disfiguring lacerations, or requires multiple sutures or corrective or cosmetic surgery.
“Vaccination” means a protective inoculation against rabies with an anti-rabies vaccine recognized and approved by the California Department of Public Health.
“Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.
“Vicious animal” means any animal, including a dog (except a dog assisting a peace officer engaged in law enforcement duties), which has, on one or more occasions, committed any one or more of the following acts and which acts are not exempted pursuant to Section 7.12.070:
1. Without provocation, inflicts severe injury on or kills a human being; or
2. In an unprovoked manner, kills a domestic animal, as defined in this section, excluding a rabbit or fowl, at a place other than upon the private property where the attacking animal is maintained; or
3. Physically attacks, mauls or bites any person, without provocation, at a place other than upon the private property where the animal is maintained; or
4. Physically attacks, mauls or bites any person, without provocation, when the owner thereof knows, or should reasonably know, that the animal poses a threat to public safety and has made no substantial effort to prevent the attack, or when the owner has purposefully encouraged or commanded the animal to attack, maul or injure any person; or
5. Any animal previously determined to be and currently listed as a dangerous animal which, after its owner or keeper has been notified of this determination, engages in another attack upon a domestic animal or a human being; or
6. Any animal seized under Penal Code section 599aa (seizure of fighting animals) and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code (animal fighting).
For purposes of this definition, an animal is determined to have killed another animal if it causes injuries so severe that they require the injured animal to be euthanized.
“Wild animal” means any animal which is not normally domesticated in this state as described in California Fish and Game Code Sections 2116. (Ord. 1127 § 2 (part), 2010; Ord. 1120 § 2 (part), 2009)
7.02.030 Enforcement responsibility—Appealability of determinations.
A. Animal services officers are authorized and empowered, and it shall be their duty, to enforce the provisions of this title. The city manager may designate, from time to time, additional persons authorized and empowered to enforce the provisions of this title, which may include, but not be limited to, personnel from the city’s police department, code enforcement department, and/or community development department.
B. The chief of animal services shall be primarily responsible for implementing, interpreting and enforcing the provisions of this title. Except as otherwise set forth herein, any person aggrieved by a determination by the chief of animal services may appeal such determination to the city manager whose decision, notwithstanding other provisions of this code, shall be final. (Ord. 1120 § 2 (part), 2009)
7.02.040 Entering on private property—Warrants.
Subject to any restrictions imposed upon the city under applicable constitutional, federal, state, or local law concerning or requiring inspection, search, and/or other forms of warrants for entry onto private property, when an animal services officer has reason to believe that there has been a violation of this title, he or she may enter upon any premises for the purpose of inspecting for violations and/or enforcing the provisions of this title. (Ord. 1120 § 2 (part), 2009)
7.02.050 Authority to arrest and to issue notices to appear.
Pursuant to California Penal Code Sections 830.9, 836, and 836.5, any animal services officer shall have the power to investigate complaints of violations of any provisions of this title, and may arrest a person without a warrant whenever the animal services officer has probable cause to believe that the person to be arrested has committed an infraction or a misdemeanor in his or her presence amounting to a violation of this title, and the animal services officer may issue a citation to such person to appear in court to answer to such charges. Any animal services officer may also arrest a person without a warrant whenever the animal services officer has probable cause to believe that the person to be arrested has committed a felony, whether or not committed in the presence of the animal services officer. (Ord. 1120 § 2 (part), 2009)
7.02.060 Obstructing officers unlawful.
It shall be unlawful for any person to willfully resist, delay, or obstruct any animal services officer in the discharge of his or her duties. (Ord. 1120 § 2 (part), 2009)
7.02.070 Use of equipment to impound.
In performance of their duties, animal services officers shall have the authority to employ the use of a tranquilizer gun, taser, firearm, pepper spray, direct stop spray and any other animal control equipment or device in common use within the state necessary to take up and impound an animal or implement the provisions of this title. (Ord. 1120 § 2 (part), 2009)
7.02.080 Animal service fees.
Fees will be charged to owners and other persons for animal services activities as established from time to time by resolution of the city council including, but not limited to, licensing fees, license replacement fees, animal redemption fees, impound fees, boarding fees, animal surrender fees, veterinary fees, sterilization fees, animal disposal fees, potentially dangerous animal fees, and vicious animal fees. (Ord. 1120 § 2 (part), 2009)
7.02.090 Removing animal from custody of animal services officer or holding shelter without permission prohibited.
No person shall remove any animals from the custody or control of an animal services officer or from a city animal shelter or vehicle without permission from an animal services officer. (Ord. 1120 § 2 (part), 2009)
7.02.100 Violations.
A. Unless otherwise specified to be an infraction, violations of this title shall be misdemeanors. The prosecuting authority shall have discretion to charge any misdemeanor as an infraction. Infractions shall be punishable by a fine not exceeding fifty dollars for the first violation; a fine not exceeding one hundred dollars for a second violation of the same provision within one year; and a fine not exceeding two hundred fifty dollars for each additional violation of the same provision within one year. If a specific fine or punishment is specified for a violation of this title, that specific fine or punishment shall control over the provisions of this section.
B. Violations of this title may also be enforced pursuant to the provisions of Chapter 1.09. Notwithstanding other provisions of Chapter 1.09, no notice to correct and stop order as provided therein shall be required prior to issuance of a notice of violation and imposition of administrative penalties. (Ord. 1120 § 2 (part), 2009)
7.02.110 Remedies cumulative.
The remedies set forth in this title are cumulative to any other remedy available to the city. Pursuit of one remedy shall not preclude any other remedy, and nothing contained in this title shall limit or be deemed to prevent the city from pursuing any other remedy available to the city under the Folsom Municipal Code or other applicable law. (Ord. 1120 § 2 (part), 2009)