Chapter 6.12
ANIMALS RUNNING AT LARGE1
Sections:
6.12.020 Prohibited generally.
6.12.050 Disposition of rabid or disabled animals.
6.12.060 Disposition – Cows, horses and burros.
6.12.070 Disposition – Other animals.
6.12.100 Sale – Disposition of moneys.
6.12.010 Definitions.
Whenever in this chapter the words herein defined are used, they shall have the respective meanings assigned to them in the following definitions:
“Animal” includes any domestic bovine animal, horse, mule, burro, sheep, goat, swine or other domestic mammal except a dog or cat.
“Animal Control Officer” means the Animal Control Officer of the City or his designated representative.
“At large” means off the premises of, and not under physical restraint by, the owner or other person having charge of an animal.
“Fowl” includes any chicken, duck, turkey, goose or other domestic fowl. [Ord. 535 § 1, 1974].
6.12.020 Prohibited generally.
No person owning or having charge of any animal or fowl shall permit the same to be at large on any highway, street, sidewalk, lane, alley or other public place, or upon any private property other than that of the person owning or having charge of such animal or fowl unless such owner or person having charge of such animal or fowl has the consent of the owner of the private property. [Ord. 535 § 2, 1974].
6.12.030 Exemption.
This chapter shall not prohibit leading, driving, riding or conducting animals under adequate supervision along a public highway. [Ord. 535 § 3, 1974].
6.12.040 Impoundment.
It shall be the duty of the Animal Control Officer to take up and impound all animals found at large upon any highway, street, sidewalk, land, alley or other public place, or upon any private property without its owner’s consent. The Animal Control Officer may contract with any person to keep, feed and care for any such animal at reasonable rates for not more than 20 days. [Ord. 535 § 4, 1974].
6.12.050 Disposition of rabid or disabled animals.
If it appears to an Animal Control Officer from the report of a licensed veterinarian or other qualified person that an animal is afflicted with rabies, he shall humanely destroy such animal and shall take such other action as may be required by law and as he deems necessary to prevent the spread of such disease. He may humanely destroy any sick, disabled, infirm or crippled animal found at large if he is unable to identify and locate the owner. [Ord. 535 § 5, 1974].
6.12.060 Disposition – Cows, horses and burros.
If the Animal Control Officer impounds any bovine animal, horse, mule or burro, and if such animal is not reclaimed within five days thereafter, the Animal Control Officer shall notify the State Director of Agriculture in accordance with the provisions of Agricultural Code Section 17003. If the Director of Agriculture does not, within five days after notice, elect to dispose of any horse, mule or burro, then the Animal Control Officer shall sell such animal in accordance with this chapter. [Ord. 535 § 6, 1974].
6.12.070 Disposition – Other animals.
If any animal other than a domestic bovine animal, horse, mule or burro, and except an animal afflicted with rabies, impounded by the Animal Control Officer, is not reclaimed within two days thereafter, it shall be sold by the Animal Control Officer after giving notice of sale in accordance with LEMC 6.12.080. [Ord. 535 § 7, 1974].
6.12.080 Sale – Notice.
The notice of sale shall contain a description of the animal, including any identifying marks or brands, the date and place where the animal was taken up, and the time and place of sale. At least five days prior to the sale of any impounded animal, the Animal Control Officer shall cause a copy of the notice to be published in a newspaper circulated in the area where the animal was found, and shall mail a copy of the notice to the owner or person entitled to possession of the animal at his residence or place of business, if known. [Ord. 535 § 8, 1974].
6.12.090 Sale – Procedure.
At the time and place set forth in the notice of sale, the Animal Control Officer shall sell the impounded animal at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the Animal Control Officer may sell such animal at private sale or humanely destroy such animal, or otherwise dispose of it as permitted by law. [Ord. 535 § 9, 1974].
6.12.100 Sale – Disposition of moneys.
The proceeds of such sale, after first deducting fees and charges of the Animal Control Officer, including costs of sale, shall be paid by the Animal Control Officer to the City Treasurer who shall pay them over to the owner of such animal sold if claimed within one year thereafter. If not so claimed, they shall be transferred into the general fund of the City. [Ord. 535 § 10, 1974].
6.12.110 Redemption – When.
The owner or person entitled to possession of any animal impounded may at any time before the sale or other disposition thereof redeem the same by paying the Animal Control Officer all fees and charges thereon. [Ord. 535 § 11, 1974].
6.12.120 Redemption – Costs.
The Animal Control Officer shall charge and collect from each person redeeming an impounded animal an impounding fee, plus the actual costs of transporting the animal and maintaining the animal while impounded including costs of sale incurred. The impounding fee shall be, from time to time, set by resolution of the City Council. [Ord. 535 § 12, 1974].
For further provisions regarding livestock and fowl running at large, see Chapter 9.44 LEMC.