CHAPTER 7.04
GENERAL PROVISIONS; ENFORCEMENT
SECTION:
7.04.030: Animal Control Officer
7.04.040: Interference With Duty
7.04.050: Entering Upon Premises For Inspection
7.04.060: Compliance With Zoning Regulations
7.04.010 TITLE:
This title shall be known as and may be cited and referred to as the ANIMAL CONTROL TITLE. (1972 Code § 7.04.010)
7.04.020 DEFINITIONS:
For the purpose of this title, certain words and phrases are defined, and certain provisions shall be construed as herein set out, unless it is apparent from the context that a different meaning is intended.
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ANIMAL: |
Any wild or domesticated animal, including dogs and cats, poultry, birds, reptiles, fowl or fish, or any other creature. |
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ANIMAL, STRAY: |
Any animal off the premises of its owner, not under restraint, and not in the immediate presence of its owner or person(s) of reasonable responsibility. |
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ANIMAL, WILD: |
Any wild, exotic, dangerous or venomous animal, including, but not limited to, mammals, fowl, fish or reptiles. |
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AT LARGE: |
Any animal off the premises of its owner and not under the direct control of the owner or some responsible person authorized by such owner. |
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CAT: |
Any cat of either sex or any age. |
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DOG: |
Any member of the canine family, and shall also include both male and female gender, whether neutered or spayed. |
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DOG, GUARD: |
Any dog used for the purpose of guard duty. |
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DOG LICENSE: |
Refers to the license required by this title, to be issued annually for each individual dog. |
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DOG, UNLICENSED: |
Any dog for which the license fee for the current year has not been paid and to which the dog license tag provided for in this title is not properly attached. |
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LIVESTOCK: |
Includes cattle, horses, sheep, goats, swine, and all other domestic or domesticated animals other than household pets. |
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OWNER: |
Any person, firm or corporation owning, having an interest in, or having control or custody or possession of any animal. |
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PIT BULL: |
Any pit bull terrier, also known as American bull terrier, Yankee terrier or Staffordshire terrier, or any mix thereof. |
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QUARANTINE: |
The taking up and impounding of an animal in the designated animal shelter by the animal control officer for a period of fourteen (14) days or, in the discretion of the animal control officer, or the county health director, the confinement of an animal by the keeping of it in a substantial pen, or by tying it with a stout chain on the property of the owner of said animal, so that the animal does not come into contact with any other animal or human being for a period of fourteen (14) days. |
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SHELTER: |
A facility designated by the director or the animal control officer for impoundment of animals and authorized by the city manager. (1972 Code § 7.04.020; amd. 2003 Code) |
7.04.030 ANIMAL CONTROL OFFICER:
The position of animal control officer is established. The chief of police is designated ex officio animal control officer. The animal control officer and persons performing their duties under his supervision and control (including persons designated as humane officers under California Corporations Code section 14502 by a humane society which has contracted with the city to provide animal care or protection services within the city limits), as well as any peace officer, shall have the duty to enforce the provisions of this title and shall have the power to arrest persons violating any of the provisions of this title as provided in California Penal Code section 836.5. (1972 Code § 7.04.030; amd. 2003 Code)
7.04.040 INTERFERENCE WITH DUTY:
No person shall rescue or attempt to rescue any animal mentioned in this title from the possession of the animal control officer nor interfere with the animal control officer or his deputies or any designated representative of the county director of health services in the performance of their official duties. (1972 Code § 7.04.040)
7.04.050 ENTERING UPON PREMISES FOR INSPECTION:
The animal control officer, any officer or employee thereof or other duly designated representative of the county director of health services shall have the right to make an inspection to enforce the provisions of this title or other applicable law by entering into any building or upon any property within the city when said person has reasonable cause to believe that there exists in any building and/or upon any property any violation of the provisions of this title or other applicable law; provided, that:
A. Presentation Of Proper Credentials: If such building and/or property be occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor.
B. Refusal To Allow Entry; Judicial Authority: If entry into said building or upon said property be refused, the animal control officer, any officer or employee or other duly designated representative of the county director of health services shall request that the city manager direct the city attorney to obtain the necessary judicial authority for inspection purposes.
C. Hazardous Conditions:
1. Notwithstanding the foregoing, if the animal control officer, or other duly designated representative of the city, or any peace officer or any designated representative of the county director of health services has reasonable cause to believe that the keeping or the maintaining of any animal is hazardous, unsafe or dangerous, so as to require immediate inspection to safeguard the animal or the public health or safety, he/she shall have the right to immediately enter and inspect such building and/or property, and may use any reasonable means required to effect such entry and make such inspection, whether such building and/or property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the building and/or property is occupied, he/she shall first present proper credentials to the occupant and request entry explaining his/her reasons therefor.
2. This section shall not prohibit the animal control officer, or other duly designated representative of the city, or any peace officer or any designated representative of the county director of health services from entering upon any public or private property in the city for the purpose of capturing an animal running at large in violation of this title or other applicable law where it is determined that said animal represents an immediate danger to itself and/or the general public. (1972 Code § 7.04.050)
7.04.060 COMPLIANCE WITH ZONING REGULATIONS:
A. Additional Requirements: The requirements of this title shall be deemed to be in addition to, and not in limitation of, the requirements of the city zoning ordinance.
B. Licenses Or Permits:
1. Any license or permit issued pursuant to the provisions of this title shall cease to be valid if the use for which the license or permit was granted should become a prohibited use for the zone in which it is then located.
2. If the use for which a license or permit was granted should become one requiring the issuance of a use permit, such use shall not be valid unless a use permit is obtained. (1972 Code § 7.28.010)
7.04.070 VIOLATIONS; PENALTY:
Any person who violates any provision of this title or who shall in any manner interfere or attempt to interfere with any duly authorized enforcement officer in the performance of any duty imposed by the provisions of this title, and every person who shall unlawfully take or attempt to take any dog or other animal seized pursuant to the provisions of this title from the custody of the duly authorized enforcement officer, and any person who shall remove or attempt to remove from the public pound any dog or other animal impounded therein without having first redeemed the same as provided by this title or obtained the permission of an authorized enforcement officer to do so, shall be guilty of a misdemeanor, unless such violation is declared to be an infraction. (1972 Code § 7.32.010)