Chapter 8.12 ANIMAL CONTROL

This chapter regulates the control of animals in the city of Marysville. In order to fulfill the animal control, sheltering and impound requirements of this chapter, the city may contract with a nonprofit corporation, the county of Yuba, or other entity that provides animal sheltering services in compliance with the laws of the state of California. (Ord. 1289 § 1 (part), 2005).

8.12.010 Authority.

This chapter is enacted pursuant to the authority contained in Division 14 (beginning with Section 30501) of the Food and Agricultural Code of the state of California, Section 7 of the Food and Agricultural Code of the state of California and Section 25800 of the Government Code. (Ord. 1289 § 1 (part), 2005).

8.12.020 Definition of terms.

The following terms used in this chapter are defined as follows:

(1) "Animal" is defined to include, but not be limited to, any animal, poultry, bird, reptile, or fish, either wild or domestic.

(2) "Animal control officer" is defined to mean the chief of police or his or her authorized and appointed designee(s), or such other person as the city council may appoint in order to enforce this chapter.

(3) "Animal shelter" is defined as any facility for which the animal control officer is authorized to deliver animals in order to fulfill the requirements of this chapter.

(4) "At large" or "stray" is defined to mean any animal found outside of the premises of its owner or caretaker and either: (1) not under the control and in the immediate presence of the owner or caretaker, and (2) if the animal is a dog, not restrained by a leash or under the control and in the immediate presence of the owner or caretaker.

(5) "Caretaker" means a person who is not the owner of an animal, but someone the owner has entrusted to care and control the animal.

(6) "Cat" includes all domesticated felines.

(7) "Collar" means a band, chain or other suitable device worn around the neck of an animal to which a license tag may be affixed.

(8) "Commercial purposes" is defined to include any commercial trade in animals, or in services to animal owners, but not to include the use of dogs in livestock husbandry.

(9) "Disturbing the peace" is defined to mean the permitting of any animal (except for livestock and poultry where permitted by the zoning code) by any person who owns, or has charge, care, control, or custody of, any such animal, by any sound or cry, to disturb the peace and comfort of any neighborhood, or to interfere with any person in the reasonable and comfortable enjoyment of life or property, between the hours of ten p.m. and seven a.m.

(10) "Dog" includes any domestic and/or domesticated member of the canine family.

(11) "Domestic animal" means dogs, cats, horses, donkeys, mules, burros, cattle, sheep, goats, swine, llamas, camels, rabbits and fowl commonly kept or raised as domestic animals.

(12) "Feral animal" means any domestic animal that is known to live in a wild or semi-wild state without benefit of an owner, or any domestic animal that has escaped for a substantial period of time from the care of its owner and exists in a wild state without benefit of domestication.

(13) "Impoundment" means the taking up and confining of an animal by the animal control officer in accordance with the provisions of this chapter or other applicable law.

(14) "Kennel" is defined to mean any enclosure, building, or structure where five or more dogs or cats of at least four months of age are kept, harbored or maintained in a confined manner for commercial purposes.

(15) "Large animal" is defined to mean any animal weighing one hundred pounds or more.

(16) "Leash" is defined as a cord, strap, rope, chain, cable, or similar device, not exceeding eight feet in length, and is capable of restraining the animal to which it is attached.

(17) "Livestock" includes all domesticated bovine, equine, ovine, avian and rodent species.

(18) "Owner" is defined to mean any person, firm or corporation owning, harboring, having an interest in, or having control or ostensible control, custody or possession of any animal.

(19) "Person" is defined to mean a natural person, firm, partnership, copartnership, association, company, corporation, estate, trust or organization of any kind.

(20) "Public nuisance" is defined to mean any animal which is injurious to health, or is offensive to the senses, or the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons (i.e., three adults from different residences), or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street, or highway.

(21) "Repeatedly," "regularly," or "habitually" are all defined to mean an act occurring three or more times in a twelve-month period.

(22) "Small animal" is defined to mean any animal weighing less than one hundred pounds.

(23) "Vaccination" means the inoculation of an animal with a vaccine approved by and in the manner prescribed by the State Department of Public Health.

(24) "Veterinarian" is defined to mean a person licensed by the state to practice veterinary medicine.

(25) "Vicious" is defined to mean any animal that has bitten a human being on at least two separate occasions or regularly behaves in a manner that appears to be threatening to persons or property or to the public peace.

(26) "Wild animal" is defined to include any animal, bird, reptile or fish which is not normally domesticated in California as specified by the California Department of Fish and Game.

(27) "Working day" is defined to mean any day not a Saturday or Sunday and not a holiday as defined in California Government Code Section 6700. (Ord. 1289 § 1 (part), 2005).

8.12.030 Animal control officer.

The position of animal control officer is hereby established. (Ord. 1289 § 1 (part), 2005).

8.12.040 Animal control officer—Authority.

The duty and obligation of the enforcement of this chapter, and of the Food and Agricultural Code of the state of California, and all other laws pertaining to the care, treatment, or possession of animals, is vested in the animal control officer, as a public officer pursuant to Section 7 of the Food and Agricultural Code of the state of California and is vested with the authority to issue citations for violations of this chapter. (Ord. 1289 § 1 (part), 2005).

8.12.050 License collection.

The administrative services director is authorized and directed to collect license fees as provided in this chapter, and the animal control officer or administrative services director, or their designees, upon receipt of evidence of a payment of such fees, is authorized and directed to issue license certificates and tags as provided in this chapter. (Ord. 1370 § 1 (part), 2014: Ord. 1289 § 1 (part), 2005).

8.12.060 Jurisdiction of animal control officer.

The animal control officer has no power, authority, or duty as to animals that are within the jurisdiction and the authority of the United States Wild Life Services or the California Department of Fish and Game. (Ord. 1289 § 1 (part), 2005).

8.12.070 Cats.

Notwithstanding any language or provisions to the contrary, nothing in this chapter shall be construed to require the licensing of domestic cats. All other provisions of this chapter shall apply to the regulation of cats. (Ord. 1289 § 1 (part), 2005).

8.12.080 Animal control officer—Entry onto private real property.

For the purpose of enforcing this chapter and discharging the duties imposed by law, the animal control officer is authorized to enter upon any enclosed or unenclosed real property; provided, that entry into private living quarters shall be permitted only insofar as it is authorized by California Health and Safety Code Section 1908.

Prior to entry upon any privately owned real property, the animal control officer shall make reasonable efforts to notify the owner thereof, or a responsible person thereon, of the proposed enforcement action. If the animal control officer is unable to contact the owner or such responsible person, the animal control officer shall post a notice at the normal point of entry to said property of the law enforcement action taken.

In the performance of these duties, the animal control officer shall have the authority, when in pursuit of an animal that is in violation of a provision of this chapter, to go on the property of the owner, or that of a third person, for the purpose of impounding the animal; provided, that in the course of such pursuit, the animal control officer shall exercise reasonable care to avoid causing damage to the property. (Ord. 1289 § 1 (part), 2005).

8.12.090 Licensing requirements and procedures.

(a) Every person who owns or comes into control, custody or possession of any dog four months of age or older shall within thirty days apply for and secure a license for said dog in accordance with this chapter. Said license shall be renewed within thirty days after expiration, for a period not less than six months, nor more than thirty-six months. Dogs not licensed within these periods shall be subject to a penalty.

(b) No such license shall be issued unless and until the dog has been vaccinated with a state-approved rabies vaccine by injection. The owner or person in possession of the dog must present or submit a rabies vaccination certificate, good for the licensing period.

(c) Every licensed veterinarian, after vaccinating any dog against rabies, shall sign a certificate to that effect containing the following information:

(1) Type of vaccine used;

(2) Date of the vaccination and the expiration date of vaccination;

(3) Breed, age, color and sex of vaccinated dog;

(4) Serial number of vaccination tag issued to such dog; and

(5) The name and address of the owner.

(d) Veterinarians vaccinating dogs against rabies shall furnish a copy of the rabies vaccination certificate to the animal control officer within thirty days after vaccination.

(e) Whenever a current license tag has been lost or stolen, the owner of the dog for which the tag was issued may, upon payment of an established fee, receive a duplicate tag from the animal control officer. (Ord. 1289 § 1 (part), 2005).

8.12.100 Emergency summary action.

Notwithstanding any other provisions of this chapter, if the animal control officer or a peace officer finds an injured cat or dog without its owner in a public place, and away from the owner’s property, the animal control officer shall take such animal to a veterinarian as specified in Penal Code Section 597f(b).

In accordance with Penal Code Section 597f(b), the animal control officer may, with the approval of his or her immediate supervisor, humanely destroy any abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be humane to dispose of the animal. (Ord. 1289 § 1 (part), 2005).

8.12.110 Licensing rules and regulations.

The animal control officer shall promulgate, with the approval of the city council, administrative rules and regulations to carry out the purposes of this chapter including licensing requirements, vaccination requirements and administrative procedures for impounding, quarantining and disposing of animals. (Ord. 1289 § 1 (part), 2005).

8.12.115 Guard dogs—Registration.

Any business establishment within the jurisdiction of Marysville’s animal control using guard dogs on the premises of the establishment shall register such dogs with the animal control officer. The animal control officer shall establish this information to the appropriate law enforcement and fire fighting agencies. (Ord. 1289 § 1 (part), 2005).

8.12.120 Dog vaccination requirements.

Every person who becomes in control, custody, or possession of any dog shall procure the rabies vaccination of the dog by a licensed veterinarian within ten days after the dog becomes four months of age. Rabies vaccinations are effective for the period of time specified by the state. (Ord. 1289 § 1 (part), 2005).

8.12.130 Dog licenses—Exceptions.

The licensing requirements under the provisions of this chapter shall not apply to the following:

(a) Dogs owned by a nonresident of the city that do not remain in the city more than thirty days;

(b) Seeing-eye or hearing-impaired dogs used by residents of the city shall be licensed, but the license fees in this chapter shall not be incurred or collected;

(d) Residents, sixty-five years of age or older, may have one dog per household licensed free of charge for a period not to exceed twelve months. Proof of owner’s age shall be provided by a valid driver’s license, birth certificate, or similar document. (Ord. 1289 § 1 (part), 2005).

8.12.140 License tags.

Upon issuance of a license, a city registration tag shall be issued and a certificate of registration issued. An owner or custodian of a dog, upon demand of the animal control officer, shall exhibit the certificate to the animal control officer. The numbered metal registration tags shall be securely fixed to a collar, harness or other device, and shall be worn only by the dog so registered at all times except while such dog is within a dwelling or structure or in an enclosed yard or pen. (Ord. 1289 § 1 (part), 2005).

8.12.145 Wild animals.

Possession of wild animals requires a permit issued by the California Department of Fish and Game. (Ord. 1289 § 1 (part), 2005).

8.12.150 Impounding, quarantine and disposition of animals.

(a) The animal control officer shall impound animals that:

(1) Are found at large;

(2) Are found in need of custodian services and care;

(3) Are found in a condition or situation that constitutes a hazard to the public health, safety and welfare;

(4) Are found without license tags in violation of the provisions of this chapter;

(5) Are vicious;

(6) Are a public nuisance as defined in this chapter.

(b) Upon written notice of the animal control officer or his or her designee, the owner of any warm-blooded domestic animal that has bitten or scratched a person within the previous ten days shall quarantine said animal as directed by the animal control officer. At the discretion of the animal control officer, such quarantine shall require the owner to do one of the following:

(1) Confine the animal to the owner’s premises.

(2) Surrender the animal to the animal control officer for impoundment.

(3) Surrender the animal to a licensed veterinarian as designated or as approved by the animal control officer.

(c) Domesticated animals suspected of biting a human being will be placed in quarantine for a period of no more than ten calendar days (excluding the day of the bite) from the day the alleged bite occurred regardless of when the animal was actually placed into quarantine. If a domesticated animal was exposed to a wild animal suspected of being infected with rabies, that animal may be placed in quarantine for a period of time consistent with state guidelines.

(d) If an animal is quarantined on the premises of the owner, the animal control officer or his or her designee may post, or cause to be posted, a quarantine sign on the premises, and it shall be unlawful for any person to remove the sign during the term of the quarantine. The animal control officer shall seek the services of a licensed veterinarian to determine if a quarantined animal is suffering from a disease that is communicable to humans. If a licensed veterinarian determines that an animal is diseased, and the disease is dangerous to humans or to other animals, he or she may direct the animal control officer, in writing, to destroy the animal. A copy of such written notice shall also be served upon the owner of the animal.

(e) If the owner does not claim the animal within seventy-two hours after quarantine is completed, including payment of specified charges and fees, the animal may be sold, adopted or humanely destroyed by the animal control officer.

(f) Whenever an owner observes or learns that an animal shows symptoms of rabies, or acts in a manner that would raise a reasonable suspicion that an animal has rabies, the owner of the animal shall immediately notify the animal control officer or his or her designee. The animal control officer shall seek the services of a licensed veterinarian or other qualified health officer to make or cause to be made an examination to determine if the animal is rabid. The animal shall be held in isolation in a shelter, veterinary hospital or other facility designated by the animal control officer, or it may be destroyed or released as directed by the animal control officer.

(g) It shall be the duty and responsibility of any person within the boundaries of the city of Marysville who witnesses or otherwise becomes aware of any animal biting a human within the city to report the incident to the police chief or animal control officer. Should the police chief or animal control officer obtain information that an animal is diseased or has bitten any human, or learns of any case of rabies or other animal disease dangerous to humans or animals in the city, such officials shall use the services of a licensed veterinarian or other qualified health officer to determine if the animal is diseased or dangerous to humans or animals.

(h) Any animal taken into custody by the animal control officer where through reasonable diligence the owner cannot be ascertained, or the owner has not provided or will not provide adequate care and treatment and which by age, injury or disease, would be dangerous to keep impounded, or to prevent undue suffering of the animal, shall be destroyed in a humane manner.

(i) Every person taking up any animal under the provisions of this chapter or finding any lost, stray, or stolen animal shall notify the animal control officer within twenty-four hours thereof.

When such animals are delivered to the animal control officer, no fee shall be charged or held by the animal control officer and the animal shall be disposed of in the same manner as those impounded by the animal control officer. Animals that have not been redeemed or claimed by their owners within the prescribed time may be returned to the person who surrendered the animal; provided, that such person obtains a current license where necessary and pays any other applicable charges. Any person holding a dog or cat for thirty days or more is presumed to be the owner. (Ord. 1289 § 1 (part), 2005).

8.12.160 Impounding notices.

Within twenty-four hours after impounding any animal, which is legally licensed and wearing its tag, or other identification tag, or brand, or if the owner is known, the animal control officer shall mail or deliver a written notice to the last known mailing address of the last known owner or keeper of the animal. This notification shall advise the owner or keeper that the animal has been impounded, the date of impoundment, and the location of the animal, unless such notice was posted on the owner’s property when the animal was impounded. (Ord. 1289 § 1 (part), 2005).

8.12.170 Impounding records.

The animal control officer shall keep records on each animal in the order they are impounded. These records must include the following information:

(a) A full description of the animal;

(b) The date and time the animal was seized;

(d) The date of disposition of the animal;

(e) The disposition of the animal;

(f) The name of the owner, if known;

(g) The manner in which the owner, if known, was notified of the impounding, and the date the notice was sent;

(h) Any fees, charges due or proceeds of sale received on the account of the animal;

(i) Any other information the animal control officer deems appropriate as it relates to the animal. (Ord. 1289 § 1 (part), 2005).

8.12.180 Duration of impoundment.

Except as provided in Section 8.12.190 of this chapter, animals that are impounded will be kept as follows:

(a) The required holding period for stray dogs is as follows:

(1) All impounded dogs found wearing a current license tag, or other identification of ownership, shall be kept for a minimum of seven days unless redeemed within such period.

(2) All impounded dogs not wearing a current dog license tag, or other identification of ownership, shall be kept for the mandatory holding period as set forth in state law, excluding the day of impoundment, unless redeemed within such period. It is the responsibility of the animal control officer to thoroughly check all impounded dogs for identification of ownership, including scanning for microchips.

(3) For the first three days of the holding period, excluding the day of impoundment, only the owner may reclaim the animal. During the remainder of the holding period, the animal shall be made available for adoption.

(4) Prior to any stray dog being killed for any reason other than irremediable suffering, the dog shall be released to a nonprofit animal rescue or adoption organization, as defined in Section 501(c)(3) of the Internal Revenue Code, if requested by the organization.

(b) Any impounded livestock shall be kept for a minimum of five days unless redeemed within such period. If the animal is unclaimed after the required holding period, the State of California Brand Inspector shall be notified. Stray cattle shall be released to the Brand Inspector for disposition. Other animals shall be disposed of as provided in Section 8.12.200.

(1) All impounded stray cats shall be kept for the mandatory holding period as set forth in state law, excluding the day of impoundment, and shall be made available for owner redemption or adoption of the remainder of the holding period. It is the responsibility of the animal control officer to check all impounded cats for identification of ownership, including scanning for microchips.

(2) Stray cats shall be held for owner redemption during the first three days of the holding period, excluding the day of impoundment, and shall be made available for owner redemption or adoption for the remainder of the holding period. It is the responsibility of the animal control officer to check all impounded cats for identification of ownership, including scanning for microchips.

(3) Prior to any stray cat being killed for any reason other than irremediable suffering, the cat shall be released to a nonprofit animal rescue or adoption organization if requested by the organization (refer to Section 31752(b) of the Food and Agricultural Code).

(d) Section 31752.5 of the Food and Agricultural Code defines a "feral cat" for purposes of holding periods and disposition.

(1) It is the responsibility of the animal control officer to determine if any impounded stray cat is a domesticated cat or a feral cat. This determination shall be made using a standardized protocol.

(2) The animal control officer will use the criteria established in Section 31752.5 of the Food and Agricultural Code to make this determination. The person making this determination must be qualified to verify the temperament of the animal to verify if the animal is feral or tame.

(3) If the animal control officer determines the cat is domesticated, the cat shall be kept as prescribed in subsection (c)(1) of this section.

(4) If the animal control officer determines the cat is feral, and has not been reclaimed by its owner or caretaker within the first three days of the required holding period, the cat may be euthanized or relinquished to an appropriate nonprofit group or adoption organization, as defined by Section 501(c)(3) of the Internal Revenue Code.

(e) Pursuant to Section 31754(a) of the Food and Agricultural Code, the holding periods for relinquished animals are as follows:

(1) Pursuant to Section 17006 of the Food and Agricultural Code, animals that are irremediably suffering from a serious illness or severe injury shall not be held for owner redemption or adoption. Newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption.

(2) Pursuant to Section 31754 of the Food and Agricultural Code, except as provided in Section 17006 of the Food and Agricultural Code, any animal relinquished by the purported owner that is a species impounded by pounds or shelters shall be held for the same holding periods, with the same requirements of care, applicable to stray dogs and cats in Sections 31108 and 31755 of the Food and Agricultural Code, except that the period for owner redemption shall be one day, not including the day of impoundment, and the period for owner redemption or adoption shall be the remainder of the holding period. (Ord. 1289 § 1 (part), 2005).

8.12.190 Retrieval from impoundment.

Except for animals described in Section 8.12.210, and animals quarantined for incidents involving biting or scratching of humans, impounded animals may be retrieved by their owners prior to the expiration of the designated time periods following payment of all license fees then due and owing plus penalty fees and the costs of impounding.

All dog and cats four months of age or older, retrieved from impoundment, or adopted by residents, within the jurisdiction of Marysville animal control, shall be vaccinated against rabies and all dogs, four months of age or older, shall be licensed before release. Cats, four months of age or older, and dogs, four months of age or older, not residing within the jurisdiction of Marysville animal control shall be vaccinated against rabies. Cost of the rabies vaccination will be included in the fees for retrieval or adoption. (Ord. 1289 § 1 (part), 2005).

8.12.200 Disposition of animals.

Except for animals described in Section 8.12.210, and animals held for quarantine, any animal not retrieved by the owner within the designated time period prescribed by this chapter, or by other legal authority, shall be sold, destroyed or otherwise disposed of. (Ord. 1289 § 1 (part), 2005).

8.12.210 Seizure, impoundment or destruction of certain animals.

(a) Animals that habitually make noises, including barking, sounds or cries, so as to disturb the peace and tranquility of a neighborhood, or found to be habitually stray, are hereby declared to be a public nuisance and may be abated as such.

(b) It is unlawful for any person who owns, has care of, or custody of any animal to permit such animal by sound or cry to disturb the peace, quiet and comfort of any neighborhood, or to interfere with any person in the reasonable and comfortable enjoyment of life.

(c) Livestock and poultry on land where such animals are permitted by the zoning code are exempted from declaration as a public nuisance in accordance with this chapter.

(d) In order to declare an animal a "public nuisance," the animal control officer must receive a minimum of three complaints from adult residents within a twelve-month period. These residents must reside in three separate households and be directly affected by the excessive noise or the stray animal.

(e) As defined in this chapter, the term "habitually" means an act occurring three times in a twelve-month period.

(f) If an animal is seized and impounded pursuant to this section, the animal control officer shall notify the owner by mail to the last known address as found in the records of the animal control officer of the intention to destroy said animal. This notice shall inform the owner the animal will be destroyed after the completion of the mandatory holding plus five days for mailing of the notice. This notice shall further inform the owner that he or she has an opportunity to be heard as to why the animal should not be destroyed.

(g) Upon receipt of such notice, an owner may demand an informal hearing before the animal control officer, or designee, within three business days of receipt of such notice. The owner may present his or her contentions and reasons as to why the animal should not be destroyed.

(h) Any animal impounded in which criminal charges are pending shall be kept impounded at the expense of the owner pending direction from the district attorney or the court.

(i) In the event an owner does not demand a hearing as prescribed in subsection (g) of this section, the animal shall be deemed abandoned and disposed of in accordance with Section 8.12.200.

(j) The owner of an animal deemed to be a public nuisance in accordance with this section may appeal the decision made by the animal control officer to the city council. Such an appeal shall be in writing, addressed to the city clerk, and a copy sent to the animal control officer. This written appeal shall set forth the appellants’ contentions and arguments and shall be accompanied by the payment of a fee for processing the appeal in the sum of twenty-five dollars. This appeal shall be personally submitted or postmarked within three working days of the decision of the animal control officer.

(k) While the appeal is pending, the animal shall be maintained in the custody of the animal control officer at the owner’s expense. If the city clerk does not receive a copy of the appeal within the prescribed time period, the animal shall be disposed of pursuant to Section 8.12.200.

(l) Upon receipt of the written appeal, the city clerk shall set the matter for a hearing before the city council no later than two weeks thereafter, and shall promptly notify all interested parties in writing of the time and place of the hearing.

(m) After hearing testimony of all persons at the hearing, the city council may order the animal destroyed or released, or may, for good cause, make any other decision consistent with the purposes of this chapter. The decision of the city council shall be final.

(n) The animal control officer shall hold said animal not returned to its owner a minimum of twenty-four hours after the decision by the city council to allow the owner the opportunity to file a petition with the court.

(o) If the city council orders the animal released from impoundment, the owner may retrieve the animal upon payment of all fees owned and the actual cost for impoundment. The city council may modify the fees or cost of impoundment of their discretion. (Ord. 1289 § 1 (part), 2005).

8.12.220 Potentially dangerous dog.

In accordance with Section 31602 of the Food and Agricultural Code, a "potentially dangerous dog" is defined as any of the following:

(a) Any dog 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 dog are off the property of the owner or keeper of the dog; or

(b) Any dog which, when unprovoked, bites a person causing a less than "severe" injury than as defined in Section 31604 of the Food and Agricultural Code; or

(c) Any dog which, when unprovoked, on two separate occasions within the prior thirty-six-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog. (Ord. 1289 § 1 (part), 2005).

8.12.230 Vicious dog.

In accordance with Section 31603 of the Food and Agricultural Code, a "vicious dog" is defined as any of the following:

(a) Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code; or

(b) Any dog which, when unprovoked, in an aggressive manner, inflicts a "severe injury" on or kills a human being. A "severe injury" is defined in Section 31604 of the Food and Agricultural Code; or

(c) Any dog previously determined to be and currently listed as a "potentially dangerous" dog that, after its owner or keeper has been notified of this determination, continues the behavior described as "potentially dangerous," or is maintained in violation of Section 31641, 31642 or 31643 of the Food and Agricultural Code. (Ord. 1289 § 1 (part), 2005).

8.12.240 Potentially dangerous or vicious dog—Judicial process and disposition.

(a) If the animal control officer or a law enforcement officer has investigated and determined there exists probable cause to believe a dog is "potentially dangerous" or "vicious," they shall petition the superior court within the judicial district wherein the dog is owned or kept for a hearing to determine whether or not the dog in question should be declared potentially dangerous or vicious. This judicial process shall be in compliance with the Food and Agricultural Code.

(b) The disposition of any dog formally declared as potentially dangerous or vicious shall be in compliance with Section 31621 of the Food and Agricultural Code.

(c) Potentially Dangerous or Dangerous Animal Permit Required. If a determination is made after a hearing that an animal is potentially dangerous or dangerous and is eligible to be owned, kept, or maintained under a potentially dangerous or dangerous animal permit, the owner or keeper of the animal must complete the following:

(1) Submit a completed potentially dangerous or dangerous animal permit.

(2) Provide evidence that the owner has liability insurance coverage to the value of at least one hundred thousand dollars that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least one hundred thousand dollars.

(3) Provide proof that the owner has a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals as referenced in Section 8.12.390.

(4) Pay a one hundred fifty dollar dangerous animal permit fee to the city of Marysville.

(d) Compliance with all applicable permit conditions is required within fifteen calendar days after written notice of the determination is mailed, unless an extension of time is granted by the animal services director or designee. An animal whose owner or keeper fails to comply with the permit conditions within this time frame may be impounded and humanely destroyed at the discretion of the animal services director or designee. (Ord. 1402 § 1, 2018: Ord. 1289 § 1 (part), 2005).

8.12.250 Removal of dead animals.

(a) The animal control officer shall assist the California Department of Transportation in the removal and disposal of dead animals found in or on state highways within the jurisdiction of the city of Marysville animal control.

(b) The animal control officer shall assist the California Department of Fish and Game in the removal and disposal of wild animal carcasses from the public highways, streets, alleys, or other publicly owned property located within the jurisdiction of the city of Marysville animal control.

(c) The animal control officer shall remove and dispose of dead animals found in or on any city highway, street, alley or other publicly owned place or premises from any private property located within the jurisdiction of the city of Marysville animal control.

(d) The cost of removal shall be borne by the owner of the animal or the owner of the property on which the animal is found. (Ord. 1289 § 1 (part), 2005).

8.12.260 Resist or interfere with animal control officer.

It is unlawful for any person to resist or interfere with the animal control officer or designee while in the discharge of official duties. Violation of this section is a misdemeanor. (Ord. 1289 § 1 (part), 2005).

8.12.270 Failure to provide license information.

It is unlawful for any person to fail or refuse to show to any person authorized to enforce this chapter the license certificate and/or license tag for any duly licensed dog owned or in the custody, control of possession of such person. Violation of this section is an infraction. (Ord. 1289 § 1 (part), 2005).

8.12.280 Unlicensed and unvaccinated dogs.

It is unlawful for any person to harbor, control or have custody of any dog within the jurisdiction of the city of Marysville animal control unless it has been licensed and vaccinated pursuant to the provisions of this chapter or the law of the state of California. Violation of this section is an infraction. (Ord. 1289 § 1 (part), 2005).

8.12.290 Permitting an animal to suffer.

It is unlawful for any owner or person having custody or control of any animal to allow that animal to needlessly suffer. Violation of this section is a misdemeanor. (Ord. 1289 § 1 (part), 2005).

8.12.300 Harboring a vicious animal.

It is unlawful for any person to harbor a vicious animal. Violation of this section is a misdemeanor. (Ord. 1289 § 1 (part), 2005).

8.12.310 At large animals.

(a) No person owning or having control of any animal, livestock or poultry shall permit such animal to stray or run at large upon any public street, other public place, any enclosed private lot belonging to another or any unenclosed private place in the city of Marysville with the exception of livestock on an open range.

(b) Whenever any animal, other than a working animal, is off the property of its owner or caretaker it must either:

(1) Be under the control and in the immediate presence of the owner or caretaker; or

(2) If the animal is a dog, it must be restrained by a leash not to exceed eight feet in length or be under the control of the owner or caretaker.

(3) When off its owner’s property an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal’s vision or respiration, but so as to prevent it from biting a person or another animal.

(c) If a female dog is in "heat" (season), it will be confined in an enclosed area in such a manner that the female dog cannot come in contact with another dog except for planned breeding.

(d) No person shall bring or allow any animal into a city-owned or -leased public building, with the exception of a "Seeing Eye" or "hearing-impaired" dog. This section does not apply to any animal used by law enforcement agencies of the city, county, state or federal government while in the performance of their official duties.

(e) Any person may take up and deliver to the animal control officer any animal found at large on public property or upon that person’s private property. The animal control officer shall hold and dispose of the animal in the same manner as though the animal had been found at large and impounded by the animal control officer.

(f) A violation of this section is an infraction. (Ord. 1402 § 2, 2018: Ord. 1289 § 1 (part), 2005).

8.12.320 Disturbing the peace.

It is unlawful for any person having custody or control of the animal to allow, permit or cause the animal to utter any frequent or continuous noise of an irritating or raucous nature that disturbs the peace and quiet of any person. Violation of this section is a misdemeanor. (Ord. 1289 § 1 (part), 2005).

8.12.330 Trespassing.

It is unlawful for the owner or person having custody or control of any animal to permit the animal to trespass upon any private property without the consent of the owner. The owner or keeper of any trespassing animal shall be responsible for actual damage done by the animal. Violation of this section is an infraction. (Ord. 1289 § 1 (part), 2005).

8.12.340 Animal neglect.

It is unlawful for any owner or person having control or custody of any animal to permit or allow such animal to go without food, water, care and attention, or to permit the accumulation of animal excreta on property under the owner or keeper’s control, as to constitute a health hazard or otherwise be a public nuisance. Violation of this section is an infraction. (Ord. 1289 § 1 (part), 2005).

8.12.350 Disposition of dead animals.

It is unlawful for any person to dispose of any dead animal on any public highway, street, alley or any other public place. Violation of this section is an infraction. (Ord. 1289 § 1 (part), 2005).

8.12.360 Refusal to quarantine animals.

It is unlawful for any person to refuse to comply with directions or orders of the animal control officer to quarantine and confine an animal for a period of ten days. Furthermore, it is unlawful for any person to fail, refuse, or neglect to allow the animal control officer, or their deputies, to inspect or examine a quarantined animal at any reasonable time during the quarantine period. Violation of this section is a misdemeanor. (Ord. 1289 § 1 (part), 2005).

8.12.370 Zoning ordinance.

It is unlawful for any person to maintain or harbor any animal in conflict with the Marysville zoning ordinances. Violation of this section is an infraction. (Ord. 1289 § 1 (part), 2005).

8.12.380 Sale of unclaimed valuable animal(s).

Any unclaimed or abandoned animal which in the opinion of the animal control officer is usually valued at one hundred dollars or more shall be advertised and sold in accordance with the following procedures:

(a) After holding the animal(s) for the mandatory holding period specified in state law, the animal control officer shall post a notice of sale at the animal shelter and at the courthouse. This notice shall describe the animal(s) and specify a date, time and place of auction sale or for the delivery of sealed bids. Notice of sale of animal(s) to be sold under sealed bid shall also be published in a newspaper of general circulation published in the city. No auction sale or sale by sealed bid can be held until ten days have elapsed with the animal(s) being held in impoundment by the animal control officer.

(b) The animal control officer shall sell such an animal to the highest bidder for cash. However, the selling price shall not be for less than the accumulated cost and fees incurred as a result of impounding the animal.

(d) Any animal pending sale pursuant to this section may be claimed and redeemed by its owner at any time prior to the time of the sale. The return of the animal to its owner shall be predicated on payment of all accumulated costs and fees, including reimbursement of actual expenses incurred for advertising the sale.

(e) Any proceeds of the sale in excess of the costs incurred by the city in the capture, transportation, care and sale of the animal, plus an amount equal to ten percent of such costs, shall be placed in a trust in the city for ninety days. Notice of excess proceeds and the right to file a claim for the excess proceeds shall be given to the owner of the animal and to the taker-up, if any. At the end of the ninety-day period, the city attorney or designee and the animal control officer shall review all claims filed, and shall distribute said proceeds in the following order of priority:

(1) Any individual, partnership, corporation or association with a perfected security interest in the animal as required by the California Commercial Code.

(2) Any taker-up for any reasonable costs incurred in such action.

(3) The owner of the animal.

(f) At the end of the ninety-day holding period, if no one files a claim for the proceeds of a sale the unclaimed money will be placed in the animal control budget. (Ord. 1289 § 1 (part), 2005).

8.12.390 Fencing.

(a) All domestic animals, including but not limited to livestock, shall be kept behind a fence that is good, strong, substantial and sufficient to prevent their ingress and egress.

(b) It shall be the responsibility of the property owner, lessee, or caretaker to maintain or install fencing that will prevent the ingress and egress of livestock housed, corralled or grazed on the property.

(c) If the responsible person, or persons, refuses or neglects to bring their fencing up to standards described in this section within ten working days of written notice by the animal control officer, or fails to file a written appeal to the city council, the animal control officer may impound the animal(s). The livestock will thereafter be disposed of as provided in this chapter.

(d) While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals.

(e) A violation of this section is an infraction. (Ord. 1437 § 3, 2022; Ord. 1422 (part), 2020; Ord. 1402 § 3, 2018: Ord. 1289 § 1 (part), 2005).

8.12.400 Spay or neuter deposit.

(a) Sections 30503, 30520 and 31751.3 of the Food and Agricultural Code prohibits an animal shelter to sell or give away any dog or cat to a new owner unless it has been spayed or neutered.

(b) If a licensed veterinarian certifies a dog or cat is too sick or injured to be spayed or neutered, or that it would be otherwise detrimental to the health of the dog or cat to be spayed or neutered, the adopter or purchaser shall pay the animal shelter a deposit not less than forty dollars and not more than seventy-five dollars in accordance to the Food and Agricultural Code.

(c) Such a deposit is temporary, and shall only be retained until the dog or cat is healthy enough to be spayed or neutered as certified by a licensed veterinarian.

(d) The dog or cat shall be spayed or neutered within fourteen business days of the veterinarian’s certification. If the adopter or purchaser provides written proof to the animal control officer of the spaying or neutering within thirty business days of obtaining such proof, the deposit shall be refunded in full.

(e) Pursuant to Sections 30523 and 31763 of the Food and Agricultural Code, any person who fails to have a dog or cat spayed or neutered as required is subject to a civil penalty. (Ord. 1289 § 1 (part), 2005).

8.12.410 Animal noise.

(a) It is unlawful for any person to own, possess, harbor, control, or keep on any premises any dog that barks or howls so continuously or incessantly as to unreasonably disturb the peace and tranquility of the neighborhood. Commercial dog kennels, permitted by zoning law where located, are subject to dog barking nuisance laws as well as other applicable city codes. Animal services and police officers are responsible for enforcement of the provisions of this section.

(b) For purposes of this section, evidence that the dog has barked or howled for an aggregate period of twenty minutes out of one hour shall be sufficient for a violation. If the first nuisance barking or howling complaint is determined to be provoked by any other animal or nearby pedestrian(s), it may be excluded from the aggregate time if the owner:

(1) Provides documentation that the provocation exists and cannot be avoided; and

(2) Takes remedial steps to change the environment of the dog(s) and abate the nuisance within a six-month period from the date of the complaint.

(c) For purposes of this section, evidence that two or more dogs are provoking each other to bark shall be sufficient for a violation under this section, so long as the barking continues for an aggregate twenty minutes out of one hour, regardless of which dog commenced the barking. In such instance, owners of each dog involved shall be subject to citation.

Proof that any individual dog barked for an aggregate twenty minutes out of an hour shall not be required if it is shown that the barking of the two or more dogs was continuous sequentially or in concert for a twenty-minute period.

(d) Upon receipt of any complaint based on continuous or incessant barking or howling, an animal control officer or police officer shall investigate and take a report from any complaining witness.

(e) Upon evaluation of the report, if in the opinion of the animal control officer or police officer, a valid complaint exists, the officer shall contact the owner of the animal complained about and advise the owner of the existence of the complaint and instruct the owner to abate the nuisance.

(f) If a second complaint is received within a six-month period after the giving of such notice and warning regarding a dog barking or howling incessantly and continuously, the animal control officer or police officer shall investigate the second complaint and take a report from any complaining witness.

(g) Upon evaluation of the report, if in the opinion of the animal control officer or police officer the dog is creating a nuisance by barking or howling incessantly or continuously, the animal control officer or police officer shall issue a citation to the owner of said animal for a violation of this section. Such violation shall be an infraction. Personal appearance before the court shall be mandatory. Forfeiture of bail shall not constitute a resolution of a violation of this section.

(h) If the animal control officer or police officer receives a third complaint regarding the same animal within one year from the first complaint, the officer shall repeat the process set forth in subsections (f) and (g) of this section.

(i) If the owner of the dog at the time of the issuance of any citation has been found in violation of this section, or has pled no contest to such violation, on two or more occasions within twelve months from the time of the issuance of the citation regarding the same dog, the violation(s) of this section shall be a misdemeanor.

(j) If the animal control officer or police officer receives a complaint after one year or more has elapsed since the most recent prior complaint, the officer shall issue a warning and continue pursuant to subsections (d) through (h) of this section.

(k) The penalty for conviction of an infraction based on this section shall be a fine of one hundred dollars.

(l) The penalty for conviction of a misdemeanor based on this section shall be a maximum of six months in jail and/or a fine of five hundred dollars and shall be applied to each subsequent conviction occurring within two years of the previous resolution. Upon conviction of a misdemeanor, the owner shall be required to either remove the dog from the premises or comply with such other restrictions as deemed necessary by the director of animal services.

(m) Nothing in this section shall be construed to prevent any party from bringing a civil action to abate the nuisance. (Ord. 1422 (part), 2020).

8.12.420 Feeding of feral cats.

(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1) "Feral cat" means a cat defined in Food and Agricultural Code Section 31752.5.

(2) "Free feeding" means not limiting the amount of food made available to an animal at a single feeding, resulting in excess food which will result in creating inviting conditions for other animals, including wildlife.

(b) It shall be unlawful for any person to create a public nuisance by free feeding any wild animals including feral cats.

(c) It shall be unlawful for any person to make available more food supply than is reasonably adequate for the number of legally allowed domesticated cats the person may own.

(d) This section shall not apply to persons who qualify for a trap-neuter-release program that the city establishes to reduce the feral/wild cat populations. (Ord. 1422 (part), 2020).

8.12.430 Dog limits.

Unless a premises is otherwise permitted as a licensed kennel, no more than three dogs over the age of four months shall be kept at or upon any premises or dwelling unit regardless of the number of persons residing in such premises or dwelling unit. (Ord. 1422 (part), 2020).

8.12.440 Violations.

(a) Specified sections of this chapter have been designated as misdemeanors. Any person convicted of a misdemeanor in this chapter is punishable by a fine not to exceed two hundred fifty dollars unless the violation involves a vicious dog or is otherwise specified.

(b) Any person convicted of a misdemeanor in this chapter involving a vicious dog is punishable by imprisonment in the county jail for a term not to exceed six months, or a fine not to exceed one thousand dollars, or both for each separate offense. (In accordance with penalties outlined in the California Food and Agricultural Code.)

(c) Any section not specifically designated as a misdemeanor shall be designated as an infraction. Any person convicted of an infraction in this chapter is punishable by a fine not to exceed one hundred fifty dollars, unless otherwise specified.

(d) Some infractions are deemed correctable violations. Correctable violations may be cleared at a reduced rate as outlined and adopted in the city of Marysville fee schedule.

(e) This chapter shall be enforced in accordance with the procedures set forth in Section 853.6 of the California Penal Code. (Ord. 1422 (part), 2020: Ord. 1415 § 1, 2019: Ord. 1402 § 4, 2018: Ord. 1289 § 1 (part), 2005. Formerly 8.12.410).