Chapter 6.04
GENERAL PROVISIONS
Sections:
6.04.030 Purpose of provisions – Limitations.
6.04.040 Nonresidents exempted from licensing provisions.
6.04.050 Penalty for violations.
6.04.060 Violations in excess of three in one year.
6.04.010 Title of provisions.
A. This title may in all pleading or proceeding be referred to as the “animal control ordinance.”
B. It is declared that this title is enacted for the purpose of the preservation of public health, safety and welfare in connection with the protection of human beings from being bitten by dogs who do or might carry rabies virus.
C. This title is enacted to regulate the public nuisance and sanitary conditions of certain animals. (Ord. 2005-658 § 1; Ord. 76-362 §§ 1, 2).
6.04.020 Definitions.
For the purpose of this title, the following definitions shall apply:
A. “Animal” means any nonhuman living creature, domestic or wild.
B. “Dog license” means a license required to be issued for each individual dog.
C. “Kennel license” means an annual license to be issued to the owner or proprietor of each kennel wherein there is maintained more than five dogs for breeding, training, or sale or other commercial purposes.
D. “Livestock” means any domestic chicken, turkey, duck, swine, goose, horse, burro, mule, cow, bull, steer, ox, or sheep.
E. “Owner” means any person who owns or controls or harbors or keeps in his possession any dog over the age of four months or any other animal as defined in this section.
F. “Waste” means animal excrement and related materials such as bedding, feathers, soil and other debris normally associated with animal waste handling. (Ord. 2005-658 § 2; Ord. 76-362 § 3).
6.04.030 Purpose of provisions – Limitations.
A. The ordinance codified in this title is adopted for the following purposes:
1. Prevent dogs running at large at any time;
2. Require the registration and licensing of dogs for identification purposes;
3. Provide for the establishment of an animal control officer;
4. Authorize the seizure, impounding, or killing of dogs found running at large contrary to the provisions of this title;
5. Define violations of this title as infractions, except as otherwise specified;
6. Declare that the owner of any dog is responsible to confine his dog to his premises to prevent the dog from damaging the person or property of others;
7. Such other purposes as may be authorized by law;
8. Declare that the owner of any animal is responsible to remove all waste left by his/her animal in a public park or the public right-of-way and dispose of said waste in a trash receptacle, sanitary disposal unit or other closed or sealed container. (Exceptions: events sponsored by the Fortuna Rodeo Association, events held in designated areas or equestrian trails and as approved by the chief of police and/or the parks and recreation director.)
B. Nothing in the provisions of this title shall be construed to interfere with the game laws of the state nor with the right to destroy any venomous reptile or any animal known as dangerous to life, limb, or property, nor with the right to kill animals for food or any properly conducted scientific experiments or investigations, which experiments and investigations shall be performed only under the staff of some licensed educational or research facility. (Ord. 2005-658 § 3; Ord. 76-362 § 4).
6.04.040 Nonresidents exempted from licensing provisions.
The sections of this title requiring a license shall not apply to nonresidents of the cities who are keeping only domestic pets; provided, that animals of such owners shall not be kept in the city longer than 30 days and the animal shall be kept under restraint. (Ord. 76-362 § 41).
6.04.050 Penalty for violations.
The following penalties shall apply for violation of this title except when in conflict with existing state statutes, which take precedence:
A. The animal control officer or any police officer of the city may issue to the known owner of any animal violating this title a citation for ordinance violation. Such citation shall require appearance before the Humboldt County superior court in Eureka, California. Fine amounts are to be determined by the judge utilizing the California Bail and Penalties Fee Schedule.
B. Except as otherwise provided in this title, any violation of any provision of this title is hereby declared to be an infraction. (Ord. 2010-683 § 2; Ord. 76-362 § 38).
6.04.060 Violations in excess of three in one year.
Any person having received in excess of three citations in a 12-month period for animal control infractions shall, upon the fourth violation, be prosecuted as a misdemeanant with penalties as set forth in Section 19 of the Penal Code. (Ord. 77-372; Ord. 76-362 § 38.2).