Chapter 6.04
DOGS
Sections:
6.04.030 Vicious dog – Investigation.
6.04.040 Vicious dog – Destruction.
6.04.050 Confinement of dogs to owner’s premises.
6.04.060 Confinement of dogs in heat.
6.04.080 Dogs at large on school grounds.
6.04.090 Transportation of dogs within city.
6.04.110 Interference with enforcement.
6.04.120 Animal control officer.
6.04.130 License – Vaccination.
6.04.150 License – Tax – Payment.
6.04.160 License – Failure to pay tax – Penalties.
6.04.170 License – Duty to collect.
6.04.210 License – Expiration.
6.04.230 License – Seeing eye dog.
6.04.270 Tag – To be attached only to licensed dog.
6.04.310 Impoundment – Authorization.
6.04.320 Impoundment – Licensed dog – Notice to owner.
6.04.330 Impoundment – Unlicensed dog – Notice to owner.
6.04.340 Impoundment – Right to redeem.
6.04.350 Impoundment – Disposition.
6.04.370 Impoundment – Fee – Exception.
6.04.380 Impoundment – Fee – Increase.
6.04.390 Vaccination – Purpose.
6.04.400 Vaccination – Required.
6.04.410 Vaccination – Minimum age.
6.04.420 Revaccination intervals.
6.04.430 Vaccination – Authority of county officers.
6.04.440 Vaccination – Certificate – Forms and contents.
6.04.450 Vaccination – Duplicates – Certificates.
6.04.460 Vaccination – Certificate – Evidence.
6.04.470 Vaccination – Certificate – Misrepresentation.
6.04.480 Vaccination – False certificate prohibited.
6.04.490 Vaccination – Certificate exhibit.
6.04.010 Short title.
This chapter shall be referred to as the “dog license ordinance.” [Ord. 88-199 § 1, 1988].
6.04.020 Definitions.
Whenever in this chapter the following terms are used they shall be deemed and construed to have the meaning ascribed to them in this section unless it is apparent from the context thereof that a different meaning is intended:
“Animal control officer” means the person charged by this chapter with the administration and enforcement of the provisions hereof and whose employment is provided for herein or otherwise by the city together with such deputies as may be allowed to the animal control officer by the city council.
“At large” means any dog off the premises of the owner and not under the control of the owner or some responsible person either by leash, cord, chain or other physical restraint.
“Impounded” means having been received into the custody of any poundmaster.
Owner. Any person keeping or harboring or having custody or control over any dog for 15 consecutive days shall be deemed to be the owner of such dog within the meaning of this chapter, except any veterinarian duly licensed and practicing as such and having in his possession or control any dog for the purpose of treatment.
“Primary immunization” means the initial inoculation of a dog with an approved canine rabies vaccine that has been approved for three-year immunity by the Department of Health Services.
“Revaccination” means the inoculation of a dog with an approved canine rabies vaccine that has been approved for three-year immunity by the Department of Health Services.
“Unlicensed dog” means any dog for which the license tax for the current year as provided in this chapter has not been paid or any dog to which the tag provided for in this chapter is not attached.
“Vicious dog” means any dog which has bitten a person or animal without provocation or which has a disposition or propensity to attack or bite any person or animal. [Ord. 88-199 §§ 1, 50, 1988].
6.04.030 Vicious dog – Investigation.
The animal control officer shall investigate the conditions and behavior of any dog which he has reason to believe is vicious or dangerous and, if he finds such dog to be vicious in its habits, he shall report his findings in writing to the owner of such dog, if the name and whereabouts of such owner are known. [Ord. 88-199 § 2, 1988].
6.04.040 Vicious dog – Destruction.
Every vicious dog found at large in the city shall be subject to summary destruction. [Ord. 88-199 § 3, 1988].
6.04.050 Confinement of dogs to owner’s premises.
A. No person shall cause, permit or allow any dog or dogs owned, harbored, controlled or kept by him to be at large away from the premises where the same is or are owned, harbored or kept at any time except in the custody and control of the owner or some responsible person duly authorized by the owner. Any such dog found running at large in violation of this provision may be taken up and impounded and shall be released only after payment of the fees required by the Humane Society of Humboldt County, Inc.
B. This section shall not apply to any official city police dog while on patrol. [Ord. 88-199 § 4, 1988].
6.04.060 Confinement of dogs in heat.
All unspayed female dogs shall be strictly confined to the owner’s premises when the dog is in breeding condition. “Strictly confined to the owner’s premises” means that such dog shall be confined in a substantial enclosure the interior of which is accessible only by use of a door, gate, lid or barricade; provided, that such door, gate, lid or barricade shall be constructed in such a manner so as to prevent access to the interior thereof. [Ord. 88-199 § 4.1, 1988].
6.04.070 Vaccination of pups.
All dogs under four months of age shall be confined to the premises of or kept under the physical restraint by the owner, keeper or harborer and such restraint shall continue until a period of 30 days has elapsed after vaccination of the particular dog with an approved anti-rabies vaccine. [Ord. 88-199 § 4.2, 1988].
6.04.080 Dogs at large on school grounds.
No owner or other person in charge of or in control of any dog shall permit such dog to be at large upon or near any public school grounds. [Ord. 88-199 § 4.3, 1988].
6.04.090 Transportation of dogs within city.
A. No person shall transport or harbor or keep a dog in or upon a motor vehicle or trailer or any public road or highway unless the dog is safely enclosed within the vehicle or trailer or is protected by cross-tying or by a canopy, cage, container, or other device that will prevent the dog from falling from, being thrown from, or jumping from the vehicle or trailer.
B. The provisions of subsection (A) of this section shall not apply to any person actively engaged in performing normal ranching or farming duties, or actively engaged in legal hunting activities.
C. Any person who violates any of the provisions of this section shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of $25.00 for the first violation; fine of $50.00 for the second violation; and a fine of $100.00 for each additional violation of this chapter within one year. [Ord. 85-184 §§ 1 – 3, 1986].
6.04.100 Right of entry.
All persons charged with the duty of aiding in the enforcement of this chapter are empowered, and it shall be their duty, to enter upon any private property where any dog is kept, or believed by them or any of them to be kept, for the purpose of ascertaining whether any such dog is kept or otherwise harbored in violation of the provisions of this chapter. [Ord. 88-199 § 5, 1988].
6.04.110 Interference with enforcement.
No person shall interfere with, oppose or resist any person charged with the enforcement of this chapter while such person is engaged in the performance of his duties as provided in this chapter. [Ord. 88-199 § 6, 1988].
6.04.120 Animal control officer.
The public works officer for the city shall serve as the animal control officer. The public works director may assign the duties of the animal control officer to other persons if he deems such assignment necessary to the public safety and to ensure the enforcement of the provisions of this chapter. [Ord. 88-199 § 6, 1988].
6.04.130 License – Vaccination.
No person shall be issued a license under this chapter unless he has first complied with the provisions of this chapter which provide for vaccination against rabies. [Ord. 88-199 § 10, 1988].
6.04.140 License – Required.
It is unlawful for any person to own, keep or harbor any dog over four months of age within the city for a period of time unless they first procure a license therefor. [Ord. 88-199 § 11, 1988].
6.04.150 License – Tax – Payment.
The owner of every dog within the incorporated area of the city shall pay annually to the city clerk on or before the first day of July a license tax thereon and shall be required to pay for such license at said time the sum of $12.00 for each dog, except that any such license shall be issued for the sum of $5.00 for each dog for whom a certificate is presented from a licensed veterinarian that the dog has been spayed or neutered. A grace period of 30 days shall be allowed in the payment of this license tax. [Ord. 88-199 § 12, 1988].
6.04.160 License – Failure to pay tax – Penalties.
For failure to pay a license tax when due, the city clerk shall add on 100 percent penalty in addition to the regular license tax amount, beginning on August 1st of each year, or on the thirty-first day after the dog is brought into the city. [Ord. 88-199 § 13, 1988].
6.04.170 License – Duty to collect.
It shall be the duty of the city clerk to collect the license taxes provided for in this chapter. [Ord. 88-199 § 14, 1988].
6.04.180 License – Refunds.
No license tax paid by virtue of the provisions of this chapter shall be returned or refunded without the approval of the city clerk. [Ord. 88-199 § 15, 1988].
6.04.190 License – Issuance.
It shall be the duty of the city clerk to issue the licenses provided for in this chapter. [Ord. 88-199 § 16, 1988].
6.04.200 License – Contents.
Each license issued under this chapter shall state the name and residence address of the person to whom such license is issued, the amount paid therefor, the date when issued, the date on which such license shall expire, and shall contain a description of the dog for which such license is issued, and the number of the metallic tag accompanying such license. [Ord. 88-199 § 17, 1988].
6.04.210 License – Expiration.
All dog licenses shall expire on the thirtieth day of June next following their issuance. [Ord. 88-199 § 18, 1988].
6.04.220 License – Records.
It shall be the duty of the city clerk to keep a record of each license issued pursuant to this chapter. [Ord. 88-199 § 25, 1988].
6.04.230 License – Seeing eye dog.
Any blind person having the custody and control of any seeing eye dog may file an affidavit so stating with the city clerk. Upon receiving the affidavit and a current vaccination certificate, the city clerk shall endorse the license receipt “Blind person – seeing eye dog” and deliver the license without charge. [Ord. 88-199 § 26, 1988].
6.04.240 Tag – Contents.
With each license issued under this section, there shall be issued by the city and delivered to the person securing the license a metal tag. The tag shall have imprinted on its face the words: “City of Trinidad” and “Dog License,” and shall also contain the serial number of the license and the expiration date of the license. [Ord. 88-199 § 19, 1988].
6.04.250 Tag – Duplicates.
A duplicate of a lost dog license may be procured upon exhibition of the original license and payment of $0.25 therefor. [Ord. 88-199 § 20, 1988].
6.04.260 Tag – Display.
It is unlawful for an owner of any dog to fail or neglect to keep fastened to such dog the tag provided for in this chapter, except while such dog remains indoors or in an enclosed yard or pen. [Ord. 88-199 § 21, 1988].
6.04.270 Tag – To be attached only to licensed dog.
It is unlawful for any person to attach any current license tag to any dog other than the dog for which such license tag was originally issued. [Ord. 88-199 § 22, 1988].
6.04.280 Tag – Removal.
It is unlawful for any person other than the owner to remove from any dog any tag which has been attached to such dog pursuant to the provisions of this chapter. [Ord. 88-199 § 23, 1988].
6.04.290 Tag – Counterfeits.
It is unlawful for any person to counterfeit or imitate any license tag provided for by this chapter or attach a counterfeit or imitation tag to any dog or to possess any such counterfeit tag. [Ord. 88-199 § 24, 1988].
6.04.300 Exceptions.
Provisions of this chapter shall not be intended to apply to dogs whose owners are nonresidents, temporarily in the city, nor to dogs brought into the city for the purpose of participating in any dog shows. [Ord. 88-199 § 27, 1988].
6.04.310 Impoundment – Authorization.
The animal control officer shall receive, take up and impound at the Humane Society of Humboldt County, Inc., any and all dogs found running at large contrary to the provisions of TMC 6.04.010 through 6.04.300 or in violation of any law of the county or state. [Ord. 88-199 § 30, 1988].
6.04.320 Impoundment – Licensed dog – Notice to owner.
Upon impounding a licensed dog, the animal control officer shall immediately give notice to the owner, at the address in the license, of the impounding of such dog. Such notice may be given as provided in this code. [Ord. 88-199 § 31, 1988].
6.04.330 Impoundment – Unlicensed dog – Notice to owner.
Upon impoundment of an unlicensed dog, the animal control officer shall immediately give notice to the owner, if known, of the impounding of such dog. [Ord. 88-199 § 32, 1988].
6.04.340 Impoundment – Right to redeem.
Any impounded dog, licensed or unlicensed, may be redeemed by the owner thereof by contacting the Humane Society of Humboldt County, Inc., and complying with all the said Humane Society’s requirements for redemption of dogs. [Ord. 88-199 § 33, 1988].
6.04.350 Impoundment – Disposition.
All dogs impounded in accordance with the provisions of this chapter shall be disposed of in accordance with the rules and regulations of the Humane Society of Humboldt County, as governed by the laws of the county of Humboldt and the state. [Ord. 88-199 § 34, 1988].
6.04.360 Impoundment – Fee.
The city may charge those city residents who own dogs that may be impounded at the Humane Society of Humboldt County, Inc., for fees charged the city by the Humane Society associated with the owner’s respective dog(s). [Ord. 88-199 § 35, 1988].
6.04.370 Impoundment – Fee – Exception.
TMC 3.04.360 shall not be applicable to any city dog owner who establishes that he or she has directly paid to the Humane Society of Humboldt County, Inc., those impoundment fees associated with his or her dog(s). [Ord. 88-199 § 36, 1988].
6.04.380 Impoundment – Fee – Increase.
The city may, from time to time, increase the fees charged those city dog owners whose dog(s) are impounded at the Humane Society, so that such charge equals the charge to the city by the Humane Society for the impoundment of the respective dog(s), should the Humane Society increase the charge to the city for the impoundment of the dog(s). [Ord. 88-199 § 37, 1988].
6.04.390 Vaccination – Purpose.
It is declared that this chapter is enacted for the purpose of the preservation of the public health, safety and welfare in connection with the protection of human beings from being bitten by rabid dogs. [Ord. 88-199 § 61, 1988].
6.04.400 Vaccination – Required.
No person shall own or harbor any dog over four months which has not been vaccinated by a duly licensed veterinarian in accordance with TMC 6.04.420. [Ord. 88-199 § 51, 1988].
6.04.410 Vaccination – Minimum age.
Four months will remain the minimum age at which rabies immunization of dogs can be accepted for compliance with dog license requirements. [Ord. 88-199 § 52, 1988].
6.04.420 Revaccination intervals.
A. The interval for revaccination of dogs given primary immunization between the ages of four to 12 months will be 12 months.
B. The interval for revaccination of dogs given rabies vaccination at ages over one year will be at least once every three years. [Ord. 88-199 § 53, 1988].
6.04.430 Vaccination – Authority of county officers.
This chapter is in furtherance of the program of the county of vaccination of dogs against rabies whereby the county livestock inspector of the county of Humboldt is authorized by the county and directed by the county as follows:
A. To approve such vaccine or vaccines as he may find suitable for providing, by inoculation, two-year immunity of dogs from rabies, to promulgate his findings and approval and to file a statement of his findings and approval in the office of the county health officer as a public record.
B. To prescribe the form or forms of certificates to be used by duly licensed veterinarians under the provisions hereof, to file such approved form or forms in the office of the county health officer of the county of Humboldt as a public record, and to distribute samples of such form or forms to duly licensed veterinarians practicing in this county upon request being made by them. [Ord. 88-199 § 54, 1988].
6.04.440 Vaccination – Certificate – Forms and contents.
After vaccination of any dog, such veterinarian shall sign a certificate in triplicate containing the following information:
A. The name and address of the owner or harborer of the vaccinated dog.
B. The name, age, breed, color, sex and use of the vaccinated dog.
Such veterinarian shall immediately present the original certificate to the owner or harborer of the dog, a duplicate copy of the certificate to the city clerk and the triplicate copy shall be retained by the veterinarian. All such certificates shall be on a form approved by the clerk of the county. [Ord. 88-199 § 55, 1988].
6.04.450 Vaccination – Duplicates – Certificates.
The duplicate copy of the certificate shall be mailed to the city clerk who shall retain and file this copy of the certificate. [Ord. 88-199 § 56, 1988].
6.04.460 Vaccination – Certificate – Evidence.
Possession of a certificate of vaccination on a duly approved form signed by a duly licensed veterinarian shall be prima facie evidence of vaccination of the dog referred to thereon on the date indicated on the certificate. [Ord. 88-199 § 57, 1988].
6.04.470 Vaccination – Certificate – Misrepresentation.
No person shall represent that any vaccination certificate in his possession or under his control was issued as a result of his vaccination of any dog other than the dog that was in fact vaccinated. [Ord. 88-199 § 58, 1988].
6.04.480 Vaccination – False certificate prohibited.
No person shall make use of or have in his possession or under his control a stolen, counterfeit or forged vaccination certificate. [Ord. 88-199 § 59, 1988].
6.04.490 Vaccination – Certificate exhibit.
No person who owns or harbors any dog shall fail or refuse to exhibit the certificate required herein upon demand. [Ord. 88-199 § 60, 1988].
6.04.500 Violation – Penalty.
A violation of any of the provisions of this chapter shall be an infraction. Each violation hereof shall be punishable by the penalties authorized by Government Code Section 36900. [Ord. 90-204 § 2(L), 1990; Ord. 88-199 § 70, 1988].