Chapter 6.05
ANIMAL CARE AND CONTROL
Sections:
6.05.110 Regulation of vicious animals.
6.05.120 Horses, poultry, other.
6.05.010 Purpose.
The purpose of this chapter is to preserve the health and safety of persons and animals within the City of Rio Dell, and additionally:
(1) To provide for the regulation of the licensing of dogs and kennels;
(2) To prevent the running at large of dogs within the City limits of the City of Rio Dell;
(3) To establish certain standards, rules, regulations, fees, penalties, and procedures as authorized by law;
(4) Provide for pet population control. [Ord. 287, 2012.]
6.05.020 Jurisdiction.
The provisions of this chapter shall apply to the incorporated territory of the City of Rio Dell. [Ord. 287, 2012.]
6.05.030 Definitions.
“At large” shall mean an animal that is off the property of the owner and not under restraint.
Chief Animal Control Officer. The “Chief Animal Control Officer” shall mean the Chief of Police.
“Dog” shall mean any domesticated animal of the canine family, excluding domesticated coyotes, foxes, dingoes, wolves, or other wild species of the same, as well as hybrids thereof, which are defined separately.
“Enclosure” means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering the dog within the enclosure. The enclosure shall be securely locked and have secure sides, top, and bottom sufficient to prevent the animal from escaping.
“Habitually to make loud noise” shall mean a dog or other animal, with the exception of a domesticated cat, that barks, bays, cries, howls, or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of continuous barking for 15 minutes or more, or intermittent barking for 30 minutes or more during any 24-hour period. A dog shall not be deemed a “barking dog” for purposes of this section if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated, or when the dog is being teased or provoked.
Hearing Entity/Officer. For the purposes of this chapter, the “hearing entity or officer” shall be the Chief of Police or his/her designee.
“Kennel” shall mean any enclosure, premises, building, structure, lot or area, except where reasonably necessary to support an agricultural use (i.e., contain herding dogs), where four or more dogs or other small domesticated animals, which are not sick or injured and are 10 weeks in age or older, are boarded for compensation, cared for, trained for compensation, kept for sale, or bred for sale, or four or more dogs or other small domesticated animals that are 10 weeks of age or older which are kept and maintained as pets, “rescue animals,” or for any other noncommercial purpose.
“Owner” shall mean a person who possesses, has title to, or an interest in, harbors, or has control, custody, or possession of an animal and the verb forms of “to own” shall include all these shades of meaning.
Owner or Keeper’s Property. For purposes of defining potentially dangerous, vicious and public nuisance dogs, the “owner or keeper’s property” includes that property over which the owner or keeper has the exclusive possession and use.
“Person” shall mean any person, firm, company, corporation, partnership, or association.
Potentially Dangerous Dog. A “potentially dangerous dog” shall mean any of the following:
(1) Any dog which, when unprovoked, on two separate occasions within the prior 36-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.
(2) Any dog which, when unprovoked, bites a person causing less severe injury than as defined within the definition of a “vicious dog.”
(3) Any dog which, when unprovoked, on two separate occasions within the prior 36-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.
Public Nuisance Dog. A “public nuisance dog” shall mean any dog which gives offense to human senses or substantially interferes with the rights of persons, other than its owner or keeper, to the enjoyment of life or property. The term shall include, but not be limited to, any dog which:
(1) On three separate occasions within a 36-month period has been cited, or impounded for being off its owner’s or keeper’s property in violation of this chapter or any other applicable law.
(2) Causes damage to the property of anyone other than its owner or keeper.
(3) Harasses or intimidates persons on public property or private property other than that owned or under control of its owner or keeper.
(4) Repeatedly chases vehicles that are not on its owner’s property.
(5) Makes disturbing noises such as barking, howling, whining, or other utterances to the annoyance, disturbance, or discomfort of neighbors or others in the vicinity of the property where the dog is maintained.
(6) Has been allowed by its owner or keeper to produce odors which annoy, disturb or cause discomfort to persons in the vicinity of the property of where the dog is maintained.
(7) Is one of a number of dogs or other animals maintained on the property owned or controlled by its owner or keeper so as to be offensive to persons or dangerous to the public health, safety or welfare.
(8) Has, when unprovoked, bitten any person who is lawfully on the owner’s or keeper’s property causing minor injury.
“Severe injury” means any physical injury to a human being that results in muscle tears, broken bones, or disfiguring lacerations or requires multiple sutures or corrective cosmetic surgery.
“Vaccination” shall mean the inoculation of a dog with canine anti-rabies vaccine approved by and in the manner prescribed by the Department of Public Health of the State of California, and/or additional vaccinations as required by law.
“Veterinarian” shall mean a person licensed by the State of California to practice veterinary medicine.
Vicious Dog. A “vicious dog” shall mean any of the following:
(1) Any dog owned or harbored for the purpose of dog fighting;
(2) Any dog seized under California Penal Code Section 599aa and upon sustaining of a conviction of the owner or keeper under California Penal Code Section 597.5(a);
(3) Any dog which, when unprovoked, in an aggressive manner inflicts severe injury or kills a human being; or
(4) Any dog previously determined to be a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in the definition contained in this chapter of a “potentially dangerous dog,” or is maintained in violation of this chapter. [Ord. 287, 2012.]
6.05.040 Administration.
(1) Chief of Police. The Chief of Police is responsible for animal control services as provided by this chapter, and shall oversee all animal control activities, including:
(a) Supervise and direct animal control officers in the performance of their duties;
(b) Administer the dog licensing and kennel licensing provisions of this chapter;
(c) Collect or facilitate the collection of all fees associated with animal control and turn those fees over to the Rio Dell Finance Department;
(d) Administer and enforce all provisions of this chapter;
(e) Take up and impound all animals found to be in violation of the provisions of this chapter;
(f) To cooperate with the County Health Officer in the administration and enforcement of the rabid and dangerous animal provisions of this chapter;
(g) To facilitate the removal and disposal of the carcass of any dog found in or on any street, alley, or other public place, except state highways;
(h) To keep and maintain records in accordance with state law and policy.
(2) Establishment of a Public Pound.
(a) A public pound is authorized and may be established and shall be located at such place in the City of Rio Dell as shall be fixed from time to time by the Rio Dell City Council. The public pound, or any authorized branches thereof, shall provide suitable buildings and enclosures to adequately keep and safely hold all dogs, cats or other animals subject to be impounded by the provisions of this chapter.
(b) The City Council, at their discretion, may enter into a contract with a qualified facility to carry out the duties of housing, care, feeding, redemption, and other associated activities as defined therein.
(3) Animal Control Officer. Police officers are designated as animal control officers and will carry out functions of this chapter at the direction of the Chief of Police. Other members of the Police Department may be assigned animal control duties.
Upon approval of the City Council, the Police Department may employ an individual for the sole purpose of enforcing this chapter in the capacity of animal control officer.
(4) Authority to Carry Firearms. The Chief of Police may authorize animal control officers to carry a firearm when acting in the course and scope of their employment pursuant to the provisions of California Penal Code Section 26025(b).
(5) Pursuit on Private Property. Animal control officers, when in pursuit of an animal at large, shall have the authority to enter private property to apprehend such animals.
(6) Fees and Penalties. The Animal Control Division shall charge, receive and collect fees and penalties for the performance of services in the amounts, at the times, and in the manner specified herein or by resolution of the City of Rio Dell City Council. [Ord. 287, 2012.]
6.05.050 Prohibitions.
(1) Animals Running at Large. No owner shall permit his animal, wild or domestic, except a domestic cat, to run at large within the City limits of Rio Dell.
Whenever the Chief Animal Control Officer or other authorized personnel thereof take up, assume control over, herd, or otherwise respond to a situation involving any animal which is at large, and which is not impounded pursuant to this chapter, the owner or other person responsible for the care or restraint of such animal shall pay, and be charged and liable for, a fee not to exceed the actual costs incurred by the City of Rio Dell in taking up, assuming control over, herding, or otherwise responding to the at large animal.
(2) Dogs on Leashes. It shall be unlawful for any person to suffer or permit any dog, harbored, or controlled by him/her to be on any public street, alley, lane, park, or place of whatever nature open to and used by the public in the incorporated areas of the City unless such dog is securely leashed and the leash is held continuously in the hand of a responsible person capable of controlling such dog, unless the dog is securely confined in a vehicle.
(3) Trespassing. No owner shall permit his/her animal, except a domestic cat, to trespass on any property, public or private, without the consent of the owner of the property.
(4) Property Damage. No person shall knowingly permit their animal, including a domestic cat, to damage the private property of another person, or public property.
(5) Noise. No owner shall permit his animal, except a domestic cat, habitually to make loud noise or act in such a manner as to constitute a public nuisance.
(6) Female Dogs in Heat. No owner of any unspayed female dog shall permit such dog to stray or run at large in the City limits of Rio Dell while such female dog is in the copulating season.
(7) Proper Care. No owner or person in charge of an animal shall permit such animal to go without proper food, water, care, shelter, or attention.
(8) Unlicensed Dogs. No owner shall have a dog required to be licensed within the City of Rio Dell unless such dog has been licensed pursuant to the provisions of this chapter.
(9) Tags and Collars. No owner shall fail, neglect, or refuse to attach, by means of a collar, harness, or other device, any tag issued pursuant to this chapter to the licensed dog, nor shall any owner fail, neglect, or refuse to keep such tag attached to such dog at all times while the license is in force.
(10) Replacement of Tags. No owner shall fail to apply for a new license within 10 days after the date of the loss of the license tag.
(11) Improper Tags. No person shall permit to be attached or kept upon any dog any license tag provided for by this chapter except for a tag issued for that dog pursuant to this chapter, nor shall any owner permit to be attached to or kept in his possession, any counterfeit or imitation of any tag provided for by this chapter.
(12) Removal of Tags. No person without authorization from the owner shall remove from any dog any collar, harness, or other device to which a current license tag is attached; nor shall any such person remove a current license tag from any such collar, harness, or other device.
(13) Unlicensed Kennels. No owner shall maintain, conduct, or operate, or cause to be maintained or operated, any unlicensed dog kennel.
(14) Kennel Standards. No person shall fail, neglect, or refuse to maintain a kennel:
(a) So as to prevent dogs contained therein from running at large;
(b) So the location of the kennel does not violate the zoning ordinance;
(c) So the kennel does not violate building codes or sanitary laws;
(d) So the kennel premises are maintained in a clean and sanitary condition;
(e) So the dogs therein are not subject to cruelty, suffering, or abuse;
(f) So the kennel does not constitute a public nuisance;
(g) So the keeping and maintenance of the kennel will not be detrimental to the peace, health, or safety of persons in the immediate vicinity;
(h) Without possessing evidence that each dog in the kennel has been vaccinated in accordance with the provisions of this chapter.
(15) Kennels after License Revocation. No person shall operate or maintain a kennel within one year after the revocation of a kennel license.
(16) Taking Dogs from Kennels. No person shall take a dog off the premises of a kennel except under control of a leash; nor shall any owner of a kennel or his agent or employee run or take dogs off the premises of a kennel or permit dogs to be run or be taken therefrom except as provided in this chapter.
(17) Vaccinations. No owner shall have a dog within the City limits of Rio Dell unless such dog has been vaccinated against rabies pursuant to the provisions of this chapter.
(18) Reports. Any person having knowledge of an animal of the categories that constitute an animal that is or may be rabid as defined in this chapter shall notify the Chief of Police or his/her designee or agent immediately.
(19) Isolation or Quarantine. No person shall violate any of the conditions of isolation or quarantine prescribed by the Chief Animal Control Officer, his or her agent, or the County Health Officer.
(20) Epidemic Regulations. No person shall violate any rules or regulations promulgated pursuant to the provisions of this chapter based upon a determination or declaration of a rabies epidemic or unusually dangerous health situation.
(21) Interference with Enforcement. No person shall interfere with, oppose, or resist the Chief Animal Control Officer or his or her agents, under the provisions of this chapter, to take up and impound animals while such officer or agent thereof is engaged in the performance of any act authorized by the provisions of this chapter.
(22) Fecal Matter. No owner shall permit his dog to deposit fecal matter on property, other than his or her own, unless such owner shall cause the fecal matter to be removed immediately and properly disposed of.
(23) Limitations. It is unlawful for any person or persons to own, harbor or maintain at any parcel more than three dogs or cats four months of age or older, except as provided for within this chapter.
(24) Violations – Misdemeanors, Infractions.
(a) The following ordinance violations shall constitute a misdemeanor:
(i) Unauthorized removal of tags/license;
(ii) Maintaining an unlicensed kennel;
(iii) Maintaining substandard kennel(s);
(iv) Operating a kennel with a revoked kennel license;
(v) Not adhering to vaccination requirements;
(vi) Violations of epidemic regulations;
(vii) Interference with the enforcement of this chapter;
(viii) Any violations of this code relating to vicious or potentially dangerous dogs.
(b) All other violations shall constitute an infraction.
(25) Separate Offenses. Every person violating any provision of this chapter shall be deemed guilty of a separate offense for each calendar day during which such violation continues and shall be punishable therefor as provided.
(26) Promises to Appear – Notices to Appear. If any person is arrested for any such violation, and such person is not immediately taken before a magistrate, the arresting officer, pursuant to the provisions of California Penal Code Section 853.6, shall prepare, in duplicate, a written notice to appear in court. Such written notice shall contain the name and address of such person and the offense charged and shall set forth the time when and the place where such person shall appear in court. The time set in the notice to appear shall be at least 21 days after such arrest. The place set forth in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail. [Ord. 287, 2012.]
6.05.060 Licenses – General.
(1) Effect of Licenses. The issuance of any license or permit to keep an animal as provided for in this chapter shall be prima facie evidence that the owner has satisfied the basic licensing requirements pursuant to the provisions of this chapter, but such issuance shall be given no evidentiary weight to indicate that the owner has conformed to zoning regulations, building regulations, health and safety regulations, or to any other applicable rule, regulation, or statute unless, pursuant to the issuance, official written approval has been given by the office or agency responsible for the administration of the rule, regulation, or statute in question. If such approval has been given, it shall be deemed prima facie evidence that the matter approved is in conformance with the rule, regulation, or statute in question.
(2) Exemptions from Licensing. The licensing regulations of this chapter shall not be applicable to the following owners who use animals for diagnostic purposes or research, the use having been approved by the Board of Public Health of the State of California pursuant to the provisions of California Health and Safety Code Section 1666; owners who use animals for teaching purposes in recognized educational institutions; owners of establishments which treat or board animals and which are owned and operated by veterinarians licensed by the State of California; and owners of pet shops, circuses, animal exhibits, and other enterprises maintaining animals which have been granted business licenses or event licenses by the City of Rio Dell. [Ord. 287, 2012.]
6.05.070 Licenses – Dogs.
(1) Dog Licenses. Every owner of a dog required to be licensed shall procure an animal license for such dog in accordance with the procedure set forth in this chapter.
(2) Dogs Required to Be Licensed. A dog required to be licensed shall be a dog that:
(a) Is over the age of four months; and
(b) Is not in a licensed kennel; and
(c) Has not been in a licensed kennel within 48 hours; and
(d) Has been in the City limits of the City of Rio Dell for 10 days.
(3) Time of Applications, Durations of Licenses, Renewal Notices.
(a) Applications for dog licenses shall be made on or before the first day the dog is required to be licensed pursuant to this chapter. Before any dog is released to a new owner, a completed application form, together with the license fee, shall be submitted by such person.
(b) A license which is initially issued in accordance with this section shall be valid for a period of one year from the application date or until the expiration of the rabies vaccination certificate, whichever is less. The license may be extended up to the expiration date of the rabies vaccination certificate for a fee that is equal to one-half of the full fee for each year or partial year following the first. There are no refunds of dog license fees should the dog die or be moved outside of the City of Rio Dell. The Rio Dell Police Department will make every effort to notify, via mail, the owners of previously licensed dogs, approximately 30 days prior to expiration, that license fees are due.
(4) Preparation of Forms and Tags. The Chief of Police is hereby authorized and directed to have prepared suitable application forms for dog licenses as provided in this section and license tags to be issued to the owners of dogs.
(5) License Applications. The license application shall bear the name (if any), age, sex, color, breed, previous rabies vaccination date, and subsequent revaccination date of the dog for which the license is applied.
(6) Fee. The amount of the annual dog license fee shall be set by resolution of the City Council of the City of Rio Dell; provided, however, if a certificate is presented from a licensed veterinarian that the dog has been either spayed or neutered, or if the veterinarian has on file an affidavit stating that the animal has been spayed or neutered and that examination by the veterinarian discloses no evidence to the contrary, the fee shall be one-half the regular set fee.
(7) Penalties.
(a) The owner of any dog required to be licensed who fails to procure and pay for such license as required by this chapter shall pay, in addition to the established license fee, a penalty as established by the City Council of the City of Rio Dell.
(b) The owner of any dog required to be licensed pursuant to this chapter for the year immediately preceding the year in which an application for a dog license is filed who failed to obtain a license for such dog for such year shall pay, in addition to any other license fee or penalty, a penalty set by resolution by the City Council of the City of Rio Dell.
(8) Exceptions from Penalties. The penalty provided for in this chapter for failing to license a dog shall not apply to the owner of a dog required to be licensed which has not been subject to the licensing requirement for more than 30 days; or in the case of a dog that had not been licensed during the preceding year, the penalty shall not apply if the dog had not been subject to the licensing requirement for 30 days the immediately preceding year.
(9) Seeing Eye Dogs.
(a) No fee or penalty shall be collected or received for any dog license issued for a Seeing Eye dog owned by a blind or partially blind person.
(b) If a person presents written verification from Guide Dogs for the Blind, Inc., that they are raising a Seeing Eye puppy and will deliver it to Guide Dogs for the Blind, Inc., when it is approximately one year old, no fee or penalty shall be collected or received for any dog licensed issued for a Seeing Eye puppy.
(10) Law Enforcement Dogs. If a dog is owned and used exclusively for law enforcement purposes by a public safety agency, no fee or penalty shall be collected or received.
(11) Issuance – Filing. A license shall be issued after the submission of a completed application form, a license fee, and a rabies vaccination certificate issued pursuant to the provisions of this chapter, establishing the dog in question has been vaccinated in accordance with the requirements of the State Department of Health. The license shall be issued to the owner, or the owner’s agent, at the time of application, provided the application is complete and meets the requirements as set forth in this chapter.
(12) License Tags. License tags shall be metallic, shall be numbered serially, and shall have a stamp thereon bearing the name of the City of Rio Dell.
(13) Lost Tags. As often as any license is lost, the owner, within 10 days thereafter, shall procure another tag for which such owner shall pay a fee set by resolution by the City Council of the City of Rio Dell. [Ord. 369 § 1, 2018; Ord. 287, 2012.]
6.05.080 Licenses – Kennel.
(1) Kennel License. Every person owning or controlling a kennel shall procure an annual kennel license on or before June 1st of each year in accordance with the procedure set forth in this chapter, which kennel license shall be a license for all dogs kept therein. A kennel license is in addition to the requirement of a business license (if applicable).
(2) Preparation of Forms and Certificates. The Chief of Police is hereby authorized and directed to have prepared suitable application forms for kennel licenses and kennel license certificates as provided in this chapter.
(3) Contents of Application Forms. The application for a kennel license shall set forth the name and address of the applicant, the location, including the address, of the kennel, a description of the facility for housing the dogs, and the number and description of the dogs kept in the kennel.
(4) Fees. The kennel license fee shall be set by resolution by the City Council of the City of Rio Dell.
(5) Penalties.
(a) The owner of any kennel who fails to procure and pay for such license until after June 1st of any year, or fails to procure a license at the time they begin to operate as a kennel, shall pay the applicable license fee, and in addition, if the fee is not paid by June 10th, or within 10 days of operating as a kennel, then the owner shall pay a fine as set forth by the City Council of the City of Rio Dell.
(b) The determination of when a kennel started operating as such shall be based on the preponderance of the evidence available.
(6) Investigations. Upon the receipt of an application and license fee and penalties, if any, the Chief of Police, or his designee, shall send copies of the application to the City Manager, the Planning Department, the Public Works Department, and the Building Department, and those entities shall determine if the proposed kennel would be within conformity to zoning/planning codes/policy, building codes, business license provisions, and sanitation laws and/or regulations.
(7) Action on Applications. After receipt of reports in relation to other departments, or as deemed appropriate and reasonable, the Chief of Police shall act on the application as follows:
(a) The Chief of Police shall approve the application if he/she finds that the kennel is maintained in accordance with each of the conditions as set forth by this chapter.
(b) He/she may approve the application with conditions set to meet reasonable concerns that are identified during the process of reviewing the application. Under such circumstances that an application is approved conditionally it shall be reviewed and endorsed by the City Manager in addition to the Chief of Police.
(c) He/she shall deny the application if he/she does not make the findings that the kennel or proposed kennel does not conform to the conditions set forth in this chapter or other applicable ordinance, rule, or statute. In the event an application is denied the Chief of Police shall provide the reason for the denial in writing to the applicant within 14 days of the application being denied.
(d) Endorsement and Filing. The license application and issued license certificate shall be endorsed by the Chief of Police, and the application and a copy of the certificate shall be maintained in a file at the Rio Dell Police Department.
(e) License Certificates. The issuance of a kennel license shall be evidenced by the issuance of a kennel license certificate in a form determined by the Chief of Police. Kennel license certificates shall bear the name of the City of Rio Dell, the date the certificate was issued, the date the certificate will expire, and shall be numbered serially.
(f) Notices. The Chief of Police or his/her designee may notify kennel owners of record that a current kennel license is due and a fee is payable.
(g) Suspension of Kennel License. The Chief of Police may make an order suspending any kennel license issued pursuant to the provisions of this chapter upon a finding that there exists any fact which would have been a ground for refusal to issue a kennel license, or if there has been a violation of the provisions of this chapter, or a violation of conditions imposed in any kennel license, or if the owner of the kennel, or any agent or employee employed therein, has been convicted of a violation of the provisions of California Penal Code Section 597.
(h) Suspension of Kennel License – Notices. The Chief of Police, or his/her designee, shall cause a copy of an order of suspension of a kennel license to be mailed to the applicant of such license via certified U.S. mail to the address listed by the applicant on the application.
(i) Appeals. The applicant may appeal an order by the Chief of Police denying a kennel license and/or suspending a kennel license to the Rio Dell City Council; however, such appeal must be made in writing through the Office of the City Manager within 15 days of the denial of the license, or 15 days of the receipt of written notice to the applicant of the reasons for the denial of the license, or within 15 days of receipt of a notice of suspension or a notice of revocation of a kennel license.
(j) Automatic Revocation. If no appeal is requested as set forth within the time period allotted, pursuant to this chapter, in regards to a suspended kennel license then such license shall be deemed revoked. [Ord. 287, 2012.]
6.05.090 Impoundment.
(1) Taking Up and Impounding. The Chief of Police and/or his designee, or any animal control officer, shall take up and impound in a suitable facility, properly maintained to acceptable humane standards, either under the ownership and control of the City of Rio Dell, or under contract with the City of Rio Dell, all animals found to be in violation of the provisions of this chapter or California Food and Agricultural Code Division 9, or other applicable rule, ordinance, or statute.
(2) Notice of Impoundment. As soon as possible, but no later than 24 hours after impounding any dog properly licensed under the provisions of this chapter, the animal control officer who caused the impoundment shall notify the owner of record by telephone, mail, or in person that such dog is impounded and that it can be redeemed within five days from the date of such impoundment. If the dog is not retrieved within that time period the disposition of the dog will be in accordance with the provisions of this chapter.
(3) Redemption Period. Except as otherwise provided in this chapter, all animals impounded at the animal control facility, either operated by the City of Rio Dell, or operated by another entity under contract, or another facility being used, as approved by the Chief of Police, under special circumstances specific to a particular impoundment, shall be kept and maintained at least for the following redemption periods:
(a) Five days for any dog found wearing a current annual license tag;
(b) Seventy-two hours for any dog found not wearing a current annual license tag, and has no other means by which to identify the owner;
(c) Five days for any animal governed by the provisions of California Food and Agricultural Code Section 17003; and
(d) Seventy-two hours for any other animal.
At any time after the expiration of the minimum time period as described by this code for the retention of impounded dogs, the Chief of Police may cause the sale, gift, or humane destruction of such dogs as allowed by current law. The Chief of Police shall not give, sell, or otherwise convey an impounded animal to any institution engaged in the diagnosis or treatment of human or animal disease, or in research for the advancement of veterinary, dental, medical, or biological sciences, or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals, or drugs.
(4) Animals Voluntarily Surrendered. Any animal which is voluntarily surrendered to or deposited with the Rio Dell Police Department or an agent thereof shall not be deemed to be impounded and need not be kept or retained for any minimum period of time.
(5) Surrendered or Abandoned Animals – Adoption, Immunization.
(a) Except as provided by law the Chief of Police may authorize the adoption of any animal in the care, custody, and control of the Rio Dell Police Department. Under circumstances during which the City of Rio Dell is under contract with another entity, the adoption of animals may be facilitated by that entity.
(b) The Chief of Police and/or his designee may authorize the immunization of any dog, four months of age, which is voluntarily surrendered to or deposited with the Rio Dell Police Department. A fee, as set forth by the City Council of the City of Rio Dell by resolution, may be charged in addition to any other fees associated with the adoption of an animal for the purpose of defraying the costs associated with such immunization. Under circumstances during which the City of Rio Dell is under contract with another entity, the immunization of animals and recovery of associated fees may be facilitated by that entity.
(6) Spay or Neuter Deposit.
(a) A spay or neuter deposit, as set by resolution of the City Council of the City of Rio Dell, shall be collected at the time of adoption of any dog or cat, and will be held for a period not to exceed 60 days, except that for dogs and cats six months of age or younger at the time of adoption, the period shall not exceed six months. If a female dog and her puppies or a female cat and her kittens are adopted together, one deposit shall be charged. Under circumstances during which the City of Rio Dell is under contract with another entity, the spay and neuter deposit for adopted animals may be facilitated by that entity.
(b) At any time within the period specified above, the owner may present a spay or neuter certificate for the adopted animal from a licensed veterinarian or veterinary clinic, in which event the deposit will be returned. Deposits not so claimed within the time period specified above shall be deemed unclaimed and shall automatically be forfeited to the City, or contract facility for use in accordance with California Food and Agricultural Code Sections 30503 and 31751.
(7) Redemption.
(a) The owners of impounded animals, during the redemption period and at any time before the disposition of such animals, may redeem them by paying the impoundment fees and licensing dogs in the manner provided in this chapter.
(b) The Chief of Police or his/her designee shall charge and collect fees, as set by resolution by the City Council of the City of Rio Dell, for every impounded animal when claimed and before its release.
(8) Euthanasia.
(a) The Chief of Police may facilitate euthanasia services on animals whose owners request it. The Chief of Police may issue regulations to implement the provisions of this section.
(b) A fee, set by resolution by the City Council of the City of Rio Dell, shall be charged and collected by the Rio Dell Police Department for every animal which is euthanized at its owner’s request.
(9) Animal Traps. The Chief of Police or his/her designee may loan animal traps and provide related retrieval services for persons who request it. A deposit may be collected at the time the trap is loaned not exceeding the value of the trap.
(10) Liability. No person shall be liable for the disposition of any animal in accordance with the provisions of this chapter. [Ord. 287, 2012.]
6.05.100 Rabies.
(1) Vaccinations. Every owner of a dog over four months in age shall have such dog vaccinated with such canine anti-rabies vaccine and at such intervals as prescribed by the State Department of Health.
(2) Vaccinations – Imported Dogs. Every owner who brings into the City of Rio Dell a dog which has not been vaccinated within 12 months prior to the importation thereof shall have the dog vaccinated within five days from and after its arrival in the City of Rio Dell. The certificate of vaccination issued by a duly licensed veterinarian from any other jurisdiction for the specific dog, establishing the vaccination with an approved vaccine, may be accepted by the Chief of Police or his/her designee as evidence of vaccination upon the date of the vaccination indicated on the certificate.
(3) Vaccinations – Exceptions. A dog shall be exempt from the vaccination requirements of this chapter if within one year:
(a) A veterinarian has examined the dog and certified that a vaccination will endanger the dog’s health for physiological reasons; and
(b) Such certificate is presented to the Chief of Police and the County Public Health Officer within five days after the examination; and
(c) The County Health Officer concurs in the opinion of the veterinarian and endorses his approval on the veterinarian’s certificate.
(4) Vaccinations – Procedure.
(a) Dogs shall be vaccinated by a veterinarian or at vaccination clinics approved by the Chief of Police and/or the County Public Health Officer that are in accordance with State law.
(b) Every person who vaccinates a dog for rabies shall issue the owner of the dog a certificate containing the following:
(i) The name, address, and telephone number of the dog owner;
(ii) The type of rabies vaccine administered (including the name of the manufacturer and the lot number of the vaccine used);
(iii) The date of the vaccination, the interval for the next vaccination, and date the next vaccination is due;
(iv) A description of the dog, including the breed, age, sex, color, and markings of the dog;
(v) The stamped, printed, or typewritten name, address, and telephone number of the person who administered the vaccine; and
(vi) The signature, with date, of the person administering the vaccine.
(c) Every person who vaccinates a dog for rabies shall submit to the Rio Dell Police Department a copy of the rabies vaccination certificate required by this chapter no later than 30 days after the date the vaccination was administered.
(5) Reports. It shall be the duty of any person having knowledge of any animals falling into the following categories to immediately report the animal to the Rio Dell Police Department, and/or the County Public Health Officer, and to furnish complete information regarding the incident:
(a) Known rabid animals;
(b) Suspected rabid animals;
(c) Animals which have bitten a human or otherwise exposed a human to rabies; and
(d) Animals of a species subject to rabies which have been bitten by a known rabid or suspected rabid animal or have been in intimate contact with a rabid or suspected rabid animal.
(6) Reports to Health Officer. Upon receipt of a report of a rabid or suspected rabid animal pursuant to this chapter, or upon the receipt of information of another animal disease dangerous to humans, the Chief of Police or any animal control officer as defined by this chapter shall report that information to the County Public Health Officer.
(7) Isolation or Quarantine. Chief of Police and/or his designee shall isolate and quarantine, with the concurrence of the County Public Health Officer, any animal that is suspected to be rabid that has been captured or is otherwise in the possession of the Rio Dell Police Department. Such isolation and quarantine shall be done so in accordance with State law.
(8) Carcasses of Rabid Animals. Upon the death of any rabid animal, clinically suspected rabid animal, or animal which has bitten or otherwise exposed a human to rabies, the Chief of Police shall obtain and turn over to the County Public Health Officer the carcass of such animal or an adequate specimen thereof, at the discretion of the County Public Health Officer.
(9) Destruction. Upon an order of the County Public Health Officer, the Chief of Police or his/her designee shall destroy any animal or its carcass if an examination shows such animal or carcass to be rabid.
(10) Epidemic Regulations. The Rio Dell Police Department shall adhere to and comply with any orders as issued by the County Public Health Officer in regards to a rabies epidemic or other unusually dangerous health situation among dogs or other animals.
(11) Fees. Upon a determination that an animal is not rabid after a 10-day isolation and quarantine period the animal may be returned to its owner or person responsible upon the payment of fees for such impoundment as set by the City Council of the City of Rio Dell. In the event the owner or person responsible does not pay the associated fees the dog will be retained for a period of five additional days and then disposed of in accordance with this chapter by means of adoption or euthanasia. [Ord. 287, 2012.]
6.05.110 Regulation of vicious animals.
(1) Purpose. The uncontrolled maintenance of vicious animals constitutes a dangerous situation which presents a threat to the health, safety, and welfare of the persons and animals within the City of Rio Dell. This situation presents a serious hazard within the City which is compounded by the increasing tendency to maintain animals which, by virtue of breeding and training, have a propensity to attack others. The purpose of this section is to protect the public health, safety, and welfare by regulating vicious animals.
(2) Procedure for Declaring a Dog Potentially Dangerous, Vicious, or a Nuisance. If an animal control officer or law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous, vicious or a nuisance, the animal control officer shall petition the Chief of Police, or his/her designee, for a hearing for the purpose or determining whether or not the dog in question should be declared potentially dangerous, vicious, or a nuisance. In the event the Chief of Police has probable cause to believe that a dog is potentially dangerous, vicious, or a nuisance, he/she is not required to petition for a hearing; however, must document the probable cause for such hearing and make such probable cause available to the owner or keeper of the dog in question, and such written probable cause shall become a part of the record and maintained in compliance with State and Federal law as it pertains to the retention of public records. Whenever possible any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The Chief of Police shall notify the owner or keeper of the dog that a hearing will be held by the Chief Animal Control Officer or his/her designee, at which time he or she may present evidence as to why the dog should not be declared potentially dangerous, vicious, or a nuisance. Said evidence may be offered either written or oral by the owner of the dog or any interested citizen, including animal control officers, humane officers or peace officers, and shall be sworn to and/or signed under declaration of penalty of perjury.
(3) Notice of Determination. After the hearing conducted pursuant to this chapter, the owner or keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by certified U.S. mail by the Hearing Officer. If a determination is made that the dog is potentially dangerous, vicious, or a nuisance, the owner or keeper shall comply with the provisions of this chapter in accordance with the time schedule established by the Chief of Police or his or her designee, but in no case more than 30 days after the date of the determination or 35 days if notice of the determination is mailed to the owner or keeper of the dog.
(4) Appeal. If the petitioner or the owner or keeper of the dog contests the determination of the Hearing Officer, he/she may, within five days of the receipt of the notice of determination, appeal the decision of the Hearing Officer to the Rio Dell City Council and request a public hearing. The City Council shall schedule a public hearing at the next available City Council meeting, or may schedule a special meeting for the specific purpose of hearing the appeal. The City Council may decide all issues for or against the owner or keeper of the dog even if the owner or keeper fails to appear at the hearing. The determination of the City Council shall be final and conclusive upon all parties.
(5) Seizure and Immediate Impoundment. If upon investigation it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, the animal control officer or law enforcement officer may seize and impound the dog pending the hearing or determination provided for in subsection (2) of this section, Procedure for Declaring a Dog Potentially Dangerous, Vicious, or a Nuisance. The owner or keeper of the dog shall be liable to the City of Rio Dell for the costs and expenses of keeping the dog if the dog is later determined to be found potentially dangerous or vicious. If public safety is adequately assured, the Chief of Police may permit the dog to be confined at the owner’s expense in an approved kennel or veterinary facility or on the owner’s premises.
(6) When Dogs May Not Be Declared Potentially Dangerous, Vicious, or a Nuisance.
(a) No dog may be declared potentially dangerous, vicious, or a nuisance if any injury or damage is sustained by a person who, at the time of the injury or damage, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous, vicious, or a nuisance if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous, vicious, or a nuisance if an injury was sustained by a domestic animal which at the time the damage was sustained was teasing, tormenting, abusing, or assaulting the dog.
(b) No dog may be declared potentially dangerous, vicious, or a nuisance if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. This section only applies to the circumstances of seizure and shall not be construed to have any effect on any other rule, law, or statute, as it pertains to activities related to hunting, ranching, or trapping.
(7) Disposition of Potentially Dangerous or Vicious Dogs.
(a) All dogs which have been determined by the hearing entity to be potentially dangerous or vicious dogs shall be properly licensed and vaccinated. The status of the dog shall be included in the licensing records either after the owner or keeper has agreed to the designation or the hearing entity has determined the designation applies to the dog. An additional fee of twice the applicable license fee shall be charged for maintaining this additional information in the licensing records.
(b) A potentially dangerous or vicious dog, while on the owner’s property, shall, at all times, be kept indoors, or in an enclosure as defined in RDMC 6.05.030. A potentially dangerous dog may be off the owner’s property only if it is restrained by a substantial leash or within an enclosed vehicle. A vicious dog may be off the owner’s property if the owner complies with subsection (8)(a)(vii) of this section.
(c) The owner of a potentially dangerous or vicious dog shall notify the Rio Dell Police Department, in writing, within two working days if the dog in question dies, is sold, transferred, or permanently removed from the City limits of Rio Dell.
(d) Owners of potentially dangerous or vicious dogs shall notify in writing any person to whom the dog is sold that the dog is potentially dangerous or vicious.
(8) Disposition of Vicious Dogs. In addition to the dispositions as set forth above, upon a determination by the hearing entity that a dog is a vicious dog the following shall apply:
(a) A dog which has been determined to be vicious pursuant to the provisions of this chapter shall not be licensed unless the owner or keeper of the vicious dog is 18 years of age or older and meets the following requirements:
(i) Provide proof to the animal control officer the owner or keeper has procured liability insurance in the amount of at least $100,000 covering any damage or injury which may be caused by the vicious dog during the period for which the licensing is sought.
(ii) The owner or keeper, at his or her own expense, and within two working days of the receipt of the notice of determination that the dog is vicious shall provide the Rio Dell Police Department with two current color photographs of the dog which show the animal in a standing position.
(iii) The owner or keeper shall display a sign that visually depicts a menacing dog on his or her property warning that there is a vicious dog on the property. The sign shall be visible to the general public and approved by the animal control officer.
(iv) The owner or keeper of the dog shall certify under penalty of perjury to all of the following:
(A) The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the period for which licensing is sought, unless the owner or keeper shall cease to own or keep the dog prior to the expiration of that license.
(B) The owner or keeper shall, on or before the effective date of the license for which application is being made, have an approved enclosure for the dog on all property where the vicious dog will be kept or maintained.
(C) The owner or keeper shall notify the Rio Dell Police Department immediately upon discovery if the vicious dog is running at large, is unconfined, has attacked another domestic animal or a human, has died, has been sold or transferred, or has been permanently removed from the City limits of Rio Dell. Immediately upon discovery shall mean as soon as is practical, taking into consideration the circumstances, but in no event later than 24 hours after the occurrence.
(D) If the vicious dog is sold, the owner or keeper shall provide the Rio Dell Police Department with the name, address, and telephone number of the new owner or keeper. It shall be unlawful to sell or give away a dog previously determined to be vicious unless the owner or keeper of the dog advises the new owner or keeper of the status of the dog in writing.
(v) All dogs determined to be vicious shall be confined in an enclosure as defined in RDMC 6.05.030. It is unlawful for any owner or keeper to maintain a vicious dog upon any property which does not have an enclosure as defined in RDMC 6.05.030.
(vi) It is unlawful for the owner or keeper to allow any vicious dog to be outside of the enclosure unless it is inside the dwelling of the owner or keeper or it is necessary for the owner or keeper to obtain veterinary care for the dog, to sell or give away the dog, or to comply with any directive of the animal control officer with respect to the dog.
(vii) In any case where a vicious dog is lawfully outside the enclosure, except in cases where it is inside the dwelling of the owner or keeper, the dog shall be securely muzzled and restrained, with a leash sufficient to restrain the dog, having a minimum tensile strength of 300 pounds and not exceeding three feet in length, and the dog shall be under the direct control and supervision of its owner(s) or keeper(s).
(viii) The hearing entity may impose any additional conditions upon the ownership of the dog that protect the public health, safety and welfare.
(9) Procedure for Destruction of Vicious Dogs.
(a) A dog determined to be vicious may be destroyed by the Police Department when it is found, pursuant to a hearing in accordance with this chapter, that the release of the dog would create a significant threat to the public health, safety, and welfare, or the owner or keeper is not able to or unwilling to comply with reasonable conditions placed upon the owner for the release of the dog.
(b) An owner of a dog which has previously been determined to be a vicious dog violates the provisions of this code relating to the keeping of vicious dogs.
(c) A dog which has previously been determined to be a vicious dog, when unprovoked, attacks, wounds, bites, or otherwise injures or kills any person.
(d) A dog shall not be destroyed pursuant to subsection (9)(b) or (c) of this section without a hearing pursuant to this chapter.
(10) Ownership of Vicious Dogs Prohibited. The owner of a dog determined to be a vicious dog may be prohibited by the Chief of Police from owning, possessing, controlling, or having custody of any dog for a period of up to three years, when it is found, after proceedings conducted pursuant to this chapter, that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.
(11) Disposition of Public Nuisance Dogs.
(a) No person shall keep or maintain any dog in such a manner as to cause or permit the dog to be a public nuisance dog.
(b) No owner or keeper of a dog shall fail to abate a nuisance created by the keeping of such dog when ordered to do so by the animal control officer or other peace officer.
(c) The hearing entity may impose any reasonable conditions upon the ownership of the dog which shall correct the circumstances which created the nuisance.
(d) Any dog having been declared to be a public nuisance dog pursuant to the provisions of this chapter shall be delivered to the animal control officer for impoundment until such time as the owner or keeper shall have satisfied the animal control officer that they have taken steps to abate the nuisance created by the keeping of the dog. Failure to take such steps to the satisfaction of the animal control officer within five working days following the impoundment of the dog and notice of the conditions for release imposed by the animal control officer shall result in forfeiture of ownership of said dog.
(e) No dog may be euthanized or otherwise disposed of if the owner or keeper of the dog has sought judicial review of the determination that the dog was a public nuisance dog until that review has been completed. The owner or keeper of the dog shall be liable for the cost of the care and feeding of the dog pending the outcome of the judicial review and shall deposit monthly in advance the cost of such care and feeding as determined by the animal control officer. Failure to make such deposit shall result in forfeiture of ownership of said dog after giving the owner or keeper five days’ written notice of their failing to make the required deposit in advance. In the event the judicial review is favorable to the owner or keeper of the dog, the amounts paid for the care and feeding of the dog pending the judicial review shall be refunded.
(12) Removal from List. If there are no additional instances of the behavior that caused the dog to be classified as a potentially dangerous dog, or a nuisance dog, within a 36-month period from the date of that classification, the dog shall be removed from the list of potentially dangerous or nuisance dogs. The dog may, but is not required to be, removed from the list of potentially dangerous or nuisance dogs prior to the expiration of the 36-month period if the owner or keeper demonstrates to the Chief of Police or his/her designee that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to public safety. [Ord. 287, 2012.]
6.05.120 Horses, poultry, other.
(1) Horses. No person shall drive, ride, lead or tie an animal on any sidewalk or allow any animal attached to any vehicle to stand across or on any crossing of any street or sidewalk or allow any animal to stand upon a public street or alley without being securely tied or under the control of its owner or manager, or stake out any animal in the public streets or parks for the purpose of allowing the animal to graze or any other purpose.
(2) Shelter. The owner of any equine shall provide adequate shelter which shall consist of a structure large enough for the animal to turn around in, with a roof, and shall have walls on at least three sides that offer protection from the weather.
(3) Poultry/Livestock. Poultry and other domestic animals, including bovine and equine, shall only be maintained on any property in accordance with the provisions of this chapter, and subject to the provisions of RDMC 17.25.050 in regards to allowable land use.
(4) Authority to Seize or Kill Dog. Any dog entering any enclosed or unenclosed property wherein livestock or poultry are confined may be seized or killed by the owner or tenant of the property, or any employee or agent of the owner or tenant, and no action, civil or criminal, shall be maintained therefor against such owner, tenant, agent, or employee. The authority to kill a dog only applies if the animal is caught in the act of worrying, wounding, chasing or killing any livestock or poultry. This does not alleviate any responsibility in regards to the safe discharge of a firearm, nor does it intend to supersede or replace any State law in regards to the discharge of firearms, game laws, or animal cruelty. [Ord. 287, 2012.]
6.05.130 Service dogs.
The City of Rio Dell shall adhere to all pertinent State and Federal laws in regards to service dogs, and shall include training to animal control officers annually on the subject matter.
(1) Assistance Dog Tagging (Licensing). The City of Rio Dell shall provide tags for assistance dogs at no cost to the handler. The handler/owner shall be required to sign up with the City of Rio Dell’s Assistance Dog Registry and sign an affidavit that shall read:
By affixing my signature to this affidavit, I hereby declare I fully understand that Section 365.7 of the California Penal Code prohibits any person to knowingly and fraudulently represent himself or herself, through verbal or written notice, to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide dog, signal dog, or service dog, as defined in subdivision (d), (e), and (f), respectfully of Section 365.5 of the California Penal Code and paragraph (6) of subdivision (b) of section 54.1 of the Civil Code, and that violation of Section 365.7 of the Penal Code is a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, by fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
Upon death or retirement of an assistance dog, the owner or person in possession of the assistance dog identification tag shall immediately return the tag to the Rio Dell Police Department.
These records shall be maintained by the Police Department in accordance with State and Federal law. [Ord. 287, 2012.]