HomeMy WebLinkAboutAgenda Report - February 15, 1995 (68)4 i 4
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CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1605 Entitled, "An Ordinance of the City Council of the City
of Lodi Repealing In Its Entirety Municipal Code Title 6 Chapter 6.04
Through 6.16 as Currently Enacted and Reenacting This Title" (Regarding
Animal Control Provisions)
MEETING DATE: February 15, 1995
PREPARED BY: City Clerk
RECOMMENDED ACTION: Following reading by title, it would be appropriate for the City
Council to adopt Ordinance No. 1605.
BACKGROUND INFORMATION: Ordinance No. 1605 entitled, "An Ordinance of the City
Council of the City of Lodi Repealing In Its Entirety
Municipal Code Title 6 Chapter 6.04 Through 6.16 as
Currently Enacted and Reenacting This Title (Regarding
Animal Control Provisions)" was introduced at the regular
City Council meeting of February 1, 1995.
Pursuant to State statute, ordinances may be adopted five days after their introductions following
reading by title.
This Ordinance has been approved as to form by the City Attorney.
FUNDING: None required.
JMP
Attachment
APPROVED:
ifer M.
Clerk
THOMAS A. PETERSON
City Manager
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ORDINANCE NO. 1605
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI
REPEALING IN ITS ENTIRETY MUNICIPAL CODE TITLE 6
CHAPTER 6.04 THROUGH 6.16 AS CURRENTLY ENACTED AND
REENACTING THIS TITLE AS FOLLOWS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 6 - Animals - is hereby repealed
and reenacted in its entirety to read as follows:
Title 6
ANIMALS
CHAPTER 6.04 IMPOUNDMENT.
Sections:
6.04.010 POUND.
6.04.020 MINIMUM TIME OF IMPOUNDMENT.
6.04.030 REDEMPTION OF IMPOUNDED ANIMALS.
6.04.040 REGISTER --DISPOSAL.
6.04.050 ADVERTISEMENT FOR SALE--PROCEDURE--SALE.
6.04.060 ADVERTISEMENT FOR SALE --COSTS IF REDEEMED.
6.04.070 SALE OR REDEMPTION RECORD.
6.04.080 DISPOSAL UPON REQUEST.
CHAPTER 6.08 PROHIBITED ANIMALS.
6.08.010 DEFINITIONS.
6.08.020 LIVESTOCK PROHIBITED.
6.08.030 WILD ANIMALS PROHIBITED.
6.08.040 DOMESTICATED ANIMALS: NUMBER PERMITTED.
6.08.050 DETERMINATION OF AGE OF ANIMAL.
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CHAPTER 6.10 ANIMAL FANCIER PERMIT.
6.10.010 ANIMAL FANCIER PERMIT -REQUIREMENTS.
6.10.020 APPLICATION FOR PERMIT - FEES - INVESTIGATION.
6.10.030 RENEWAL OF PERMIT - DELINQUENCY.
6.10.040 INSPECTION OF PERMITS AND PREMISES.
6.10.050 RULES AND REGULATIONS.
6.10.060 PERMIT REVOCATION - CONDITIONS.
6.10.070 APPEALS PROCEDURE.
CHAPTER 6.12 DOGS AND CATS.
6.12.010 LICENSE - REQUIRED.
6.12.020 LICENSE - FEE - INFORMATION - TRANSFERABILITY.
6.12.030 LICENSE _ RENEWAL - DELINQUENCY.
6.12.040 IDENTIFICATION TAG - REQUIRED - REPLACEMENT.
6.12.050 SEEING EYE DOGS.
6.12.060 DOG VACCINATION - REQUIRED - CERTIFICATE - EXCEPTIONS.
6.12.070 BUSINESS OF BREEDING OR RAISING.
6.12.080 REMOVAL OF COLLAR OR TAG.
6.12.090 DOGS AND CATS IN FOOD ESTABLISHMENTS.
6.12.100 POLICE DOG MISTREATMENT.
6.12.110 NOISY DOGS.
6.12.120 ANIMALS AT LARGE.
6.12.130 RABIES DANGER.
6.12.140 BITES.
6.14 KEEPING AND SANITATION.
6.14.010 PROPERTY DAMAGE -PERSONAL INJURY.
6.14.020 VICIOUS BEHAVIOR PROHIBITED.
6.14.030 VICIOUS DOG ABATEMENT HEARING PROCEDURE.
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6.14.040 SANITATION OF PREMISES.
6.14.050 REMOVAL OF ANIMAL WASTE
6.14.060 DEAD ANIMALS.
6.16 PET SHOPS.
6.16.010 PERMIT REQUIRED.
6.16.020 EXEMPTIONS--ANIMAL SHELTERS.
6.16.030 PERMIT--ISSUANCE CONDITIONS.
6.16.040 ANNUAL PERMIT FEE - RENEWAL - DELINQUENCY.
6.18 ENFORCEMENT.
6.19.010 POWERS OF ANIMAL CONTROL OFFICER.
6.18.020 RESISTING OR OBSTRUCTING ANIMAL CONTROL OFFICER.
6.18.030 VIOLATION - INFRACTION.
CHAPTER 6.04
IMPOUNDMENT
6.04.10 POUND.
A public pound shall be maintained at such place as is provided therefor
from time to time by the City Council.
6.04.020 MINIMUM TIME OF IMPOUNDMENT.
A. Licensed Animals: Any animal wearing a valid City license tag
issued pursuant to this title shall be provided with food and water
and shall not be sold, given away or destroyed until:
1. The owner has been personally notified and has failed to
redeem the animal within 72 hours, exclusive of Sundays and
holidays; or
2. The owner has given written authorization for release; or
3. The owner has failed to claim the animal within five (5) days,
exclusive of Sundays and holidays, of the date a certified
letter of notification, return receipt requested was deposited
within the U.S. Postal Service by the animal control officer
addressed to the owner's last known address.
B. Unlicensed Animals: All unlicensed animals impounded will be
provided with food and water and held for a period of not less than
seventy-two (72) hours, exclusive of Sundays and holidays unless
previously redeemed. All unlicensed animals not redeemed by the
owner or person having custody or control of the animal within the
seventy-two (72) hour period may be euthanized or otherwise
disposed of.
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6.04.030 REDEMPTION OF IMPOUNDED ANIMALS.
A. Licensed Animals: The owner or person having had custody or control
of an animal licensed pursuant to this title, taken up and impounded
may redeem said animal upon payment of a redemption fee and any
other applicable fees or charges as may be established from time to
time by resolution of the City Council.
B. Unlicensed Animals: The owner or persons having had custody or
control of any unlicensed animal, not otherwise prohibited by this
title, taken up and impounded may redeem said animal upon payment
of the annual license fee, the redemption fee, any other
applicable fees or charges and by obtaining any necessary
anti -rabies vaccinations. The annual license fee, redemption fee,
and other fees or charges shall be established from time to time by
resolution of the City Council.
C. Out -of -Town Animals: The owner or persons having had custody or
control of an out-of-town animal taken up and impounded may redeem
the animal within seventy-two (72) hours, exclusive of Sundays and
holidays upon payment of a redemption fee and any other applicable
fees or charges in such amounts established from time to time by
resolution of the City Council.
D. If the owner or person having custody or control of an animal taken
up and impounded pursuant to this title contests any fee charged
pursuant to this chapter, such person may redeem the animal only by
paying the applicable fee or fees. After redemption of said animal,
the person protesting the fees imposed may appeal the imposition of
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said fees by letter to the Chief of Police. The decision of the
Chief of Police shall be final.
6.04.040 REGISTER --DISPOSAL.
The animal control officer shall keep a register, which shall be
delivered to his or her successor in office, in which shall be entered,
in numerical order, a full description of such animals impounded, other
than dogs and cats, with all natural and artificial marks and brands,
with the time when, and the place where taken up.
6.04.050 ADVERTISEMENT FOR SALE--PROCEDURE--SALE.
A. Any animal, other than dogs or cats, whose value in the opinion of
the animal control officer, will exceed the expense for which the
animal may be liable, may be advertised for sale. The
advertisement shall be published for not less than two days in the
official newspaper, and shall contain a complete description of the
animal to be sold. Advertisement shall give notice that the sale
is to be at public auction to be conducted by the animal control
officer; shall give the location, time and date of said sale; and
shall set forth that the animal will be sold to pay the charges
that have, or will have accrued against it, together with
advertising costs. The date set for the conduct of the sale shall
be not less than two nor more than ten days from the date of the
first publication of the advertisement.
B. If the animal has not been redeemed prior to the sale, the animal
control officer shall sell the animal for cash to the highest
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bidder, and upon the payment of the purchase money, he shall
deliver the animal, together with a bill of sale thereof, to the
purchaser.
6.04.060 ADVERTISEMENT FOR SALE --COSTS IF REDEEMED.
Any owner redeeming an animal after advertisement for sale has begun
shall be required to pay the advertising costs which have accrued in
addition to any other applicable fees as fixed by resolution of the City
Council.
6.04.070 SALE OR REDEMPTION RECORD.
Whenever any animal other than a dog or cat, has been sold or redeemed,
the animal control officer shall enter in the register, under the same
number as its description, the date it was sold or redeemed, the name
and address of the party buying or redeeming the animal, the total cost
and expense incurred, specifying each item, and the sale price or any
applicable fees received. This register may be examined and copied,
free of charge, at all reasonable hours.
6.04.080 DISPOSAL UPON REQUEST.
The animal control officer shall, upon request of any person within the
City, receive, remove and/or dispose of any living or dead animal owned
by or in the possession of such person subject to any fees which may be
established from time to time by resolution of the City Council.
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CHAPTER 6.08
PROHIBITED ANIMALS
6.08.010 DEFINITIONS.
A. "Domesticated Animals" means those non -feral animals commonly kept
as household pets and includes:
1. Dogs (canis familiaris)
2. Cats (fells catus);
3. Reptiles such as turtles, salamanders, newts, frogs,
non-poisonous toads and non-poisonous snakes under six feet in
length.
B. "Livestock" means those animals commonly kept for commercial
purposes, including, but not limited to:
1. Horses, mules, burros, or jacks;
2. Chickens, turkeys, guinea hens, peacocks or similar fowl;
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3. Bulls, cows, hogs, pigs (including "pot-bellied" pigs), goats,
sheep and llamas.
C. "Wild Animals" means those feral animals, not commonly kept as
household pets, including but not limited to:
1. The following members of the class mammalia:
a. Order Carnivora, except the domestic dog (canis
familiaris) and the domestic cat (felis catus), but
including, but not limited to, the family Felidea (such as
ocelots, margays, and cougars) and family Canidae (such as
wolves, wolf hybrids, coyotes and jackals); and
b. Order Marsupialia (such as kangaroos and oppossums); and
c. Order Chiroptera (bats); and
d. Order Primata (such as monkeys, chimpanzees and
gorillas); and
2. Reptiles that are poisonous or in excess of six feet in length
or 30 pounds in weight.
3. Any non-domestic species when kept, maintained or harbored in
such numbers or in such a manner as to constitute the
likelihood of danger to themselves, to human beings or to the
property of human beings.
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6.08.020 LIVESTOCK PROHIBITED.
1. Except as permitted in Title 17 of this code, it is unlawful to
harbor, keep or have within the City any livestock.
2. Any and all "pot-bellied" pigs being harbored or kept within the
City must be removed from the City by September 15, 1995.
6.08.030 WILD ANIMALS PROHIBITED.
It is unlawful to harbor, keep or have within the City any wild animal.
6.08.040 DOMESTICATED ANIMALS: NUMBER PERMITTED.
A. Except as provided in Chapter 6.10, it is unlawful to harbor, keep
or have within a single household within the City more than three
domesticated animals in excess of four months of age in any
combination thereof, except in a licensed business, where permitted
in a particular district as provided by Title 17 of this Code.
B. It is unlawful to harbor, keep or have within a single household
within the City more than one litter of puppies or kittens during
any twelve (12) month period, except in a licensed business, where
permitted in a particular district as provided by Title 17 of this
code.
6.08.050 DETERMINATION OF AGE OF ANIMAL.
If there is any dispute as to the age of any domesticated animal, in the
absence of any affidavit or sworn testimony from a person who has
personal knowledge of the date of birth, a determination made by the
animal control officer is conclusively presumed to be correct.
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CHAPTER 6.10
ANIMAL FANCIER PERMIT
6.10.010 ANIMAL FANCIER PERMIT -REQUIREMENTS.
A. Once a person has obtained an Animal Fancier Permit in accordance
with this section that person may harbor, keep or have up to a
total of five (5) dogs and cats within a single household provided
the total number of domesticated animals within the household does
not exceed five (5) .
B. The Animal Fancier Permit required by this chapter is a separate
requirement and any dog or cat so allowed by permit under this
chapter must also be licensed pursuant to Chapter 6.12 of this code.
6.10.020 APPLICATION FOR PERMIT - FEES - INVESTIGATION.
A. The application for an Animal Fancier Permit shall include the
following:
1. The applicant's name, address and telephone number;
2. The address of the proposed location where the animal or
animals will be maintained;
3. Name, address and telephone number of the owner of the
proposed location if different from the applicant;
4. Name of species of animal or animals to be maintained and the
number of such animals;
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5. Description of the housing facilities and the proposed
location on the lot where the animal housing facilities will
be placed;
6. Any other information the Finance Director deems necessary.
B. Fees for Animal Fancier Permits shall be established from time to
time by resolution of the City Council.
C. The Animal Fancier Permit may be issued to cover one (1) or two (2)
animals with such numbers being specified on the face of the permit.
D. Upon receipt of an application for an initial Animal Fancier
Permit, the Director of Finance may request any investigation he
deems proper. The Director of Finance shall approve an application
if he or she makes the following findings:
1. The keeping of the animal or animals at the location specified
in the application will not violate any federal, state or
local law;
2. Odor, noise, dust and drainage from the keeping and
maintenance of the animal will not contribute to a nuisance or
hazard to the public;
3. The keeping and maintenance of the animal or animals will not
endanger the health and/or safety of the animal or animals nor
endanger the peace, health or safety of persons in the
immediate vicinity, or in the City as a whole.
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6.10.030 RENEWAL OF PERMIT - DELINQUENCY.
A. All Animal Fancier Permits are issued on a year to year basis and
expire on January 31 of the year following the year of issuance.
All such permits must be renewed on or before the date of
expiration. Permit renewal is accomplished by paying the
applicable permit fee. Failure to timely renew an Animal Fancier
Permit shall constitute a violation of this chapter.
B. The failure to timely renew any permit required by this chapter
shall cause any applicable permit fees to become delinquent, and a
charge in an amount to be fixed by resolution of the City Council
shall be added to the regular annual permit fee. The regular
permit fee and all accrued charges must be paid before the permit
may be issued. This section is intended to supplement rather than
supplant any other remedy available either under State law or the
Lodi Municipal Code.
6.10.040 INSPECTION OF PERMITS AND PREMISES.
A. Permits issued pursuant to this chapter shall be surrendered for
inspection by the permittee upon request by any City animal control
officer or member of the City police or fire departments.
B. The premises upon which an animal is maintained pursuant to this
chapter shall be open at any reasonable hour for inspection by a
City animal control officer.
6.10.050 RULES AND REGULATIONS.
The Director of Finance may formulate rules and regulations in
conformity with, and for the purpose of carrying out the intent of this
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chapter. Compliance with such rules and regulations shall be a
prerequisite to the issuance and continued validity of any permit
provided for in this chapter.
6.10.060 PERMIT REVOCATION - CONDITIONS.
A. Any permit issued pursuant to this chapter may be revoked if, after
investigation and duly noticed hearing, the Director of Finance
finds any of the following to be true:
1. The permittee, his agent or employee has been convicted of any
offense involving the violation of Sections 596 to 599,
inclusive, of the Penal Code or is in violation of any zoning,
health and safety, building or other law relating to the
keeping of animals; or
2. The permittee has changed the location of his residence or his
place of business, or is no longer the owner of the animal for
which the permit was issued.
after investigation, the Director of Finance concludes that it
B. If,
is probable that one or more of the above grounds for revocation
has occurred, he shall cause written notices thereof to be
transmitted by certified mail to the last known address of the
permittee. Such notice shall specify the grounds of possible
revocation of the permit, and shall specify a date and time for an
informal hearing to be held before the Director of Finance or his
designee thereon. The date shall not be less than five (5) days
following the date of deposit of the notice in the mail.
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C. After the informal hearing, the Director of Finance may revoke the
permit or modify the terms thereof, depending upon the permittee's
ability and/or willingness to comply with the requirements of this
chapter.
D. Any person who continues to maintain any animal for which an Animal
Fancier Permit is required after said permit have been revoked is
in violation of this chapter.
6.10.070 APPEALS PROCEDURE.
A. Any person aggrieved by any decision or action resulting from the
application of this chapter may appeal in writing to the City
Manager within five (5) days from the date of the decision or
action upon which the appeal is based.
B. The City Manager shall review all of the pertinent facts and upon
due reflection shall sustain, overturn or modify said decision or
action. The City Manager's decision shall be final.
C. The filing of an appeal shall not stay the decision or action
appealed from.
CHAPTER 6.12
DOGS AND CATS
6.12.010 LICENSE - REQUIRED.
A. It is unlawful for any person to harbor, keep or have any dog or
cat in excess of four months of age within the City unless the
person owning or having custody or control of the dog or cat shall
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have secured a license to keep the dog or cat, obtained by
licensing the dog or cat pursuant to this chapter.
B. For the purposes of this chapter, a dog or cat is not licensed
until all applicable fees are paid, all required vaccinations are
obtained and the license is issued to the owner or person having
custody or control of such dog or cat.
C. Notwithstanding any other provision of this code, no impounded dog
or cat may be adopted until such dog or cat has been licensed
pursuant to this chapter.
6.12.020 LICENSE - FEE - INFORMATION - TRANSFERABILITY.
A. The license required by §6.12.010 of this code shall be obtained in
the following manner:
1. The owner or person having custody or control of a dog or cat
as described in §6.12.010 shall pay to the Director of Finance
a license fee as may be fixed and set by resolution of the
City Council;
2. The owner or person having custody or control of a dog or cat
as described in §6.12.010 shall furnish to the Director of
Finance a description of the dog or cat sufficient for
identification, which description shall be entered in a record
kept by the Director of Finance for that purpose;
3. The owner or person having custody or control over the dog or
cat shall have complied with §6.12.060 of this code.
B. Once the owner or person having custody of a dog or cat as
described in § 6.12.010 has complied with §6.12.020 (A) the
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Director of Finance shall then issue to that person a license to
keep a dog or cat and an identification tag having a number
corresponding with the license number of the dog or cat. The owner
or person having custody of the licensed dog or cat shall preserve
said license and shall, upon demand of the animal control officer,
an assistant animal control officer or a police officer, show such
license.
C. The license to keep a dog or cat shall not be transferable from one
dog or cat to another nor on change of ownership.
6.12.030 LICENSE -RENEWAL -DELINQUENCY.
A. All dogs and cats in excess of four months of age must be licensed
within 30 days of the date such dog or cat came into the custody of
a person residing in the City. Failure to so obtain a license
shall be a violation of this chapter.
B. All dog and cat licenses are issued on a year to year basis and
expire on January 31 of the year following the year of issuance.
All such licenses must be renewed on or before the date of
expiration. License renewal is accomplished by paying the
applicable license fee and by obtaining any vaccinations required
by §6.12.060 of this code. Failure to timely renew any dog or cat
license shall constitute a violation of this chapter.
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C. The failure to timely renew any license required by this Title
shall cause any applicable license fees to become delinquent, and a
charge in an amount to be fixed by resolution of the City Council
shall be added to the regular annual license fee. The regular
license fee and all accrued charges must be paid before the license
may be issued. This section is intended to supplement rather than
supplant any other remedy available either under State law or the
Lodi Municipal Code.
6.12.040 IDENTIFICATION TAG - REQUIRED - REPLACEMENT.
A. Every licensed dog and cat shall be provided by the owner or person
having custody or control thereof with a suitable collar or other
device to which shall be attached the identification tag issued by
the Director of Finance. Every dog and cat not licensed or not
provided with such collar or other device and identification tag
found upon any streets, alleys, lanes, courts or other public
places in the City, or upon private property, whether leashed or
unleashed, whether or not it is in any manner under the control of
any person may be taken into custody by the animal control officer
or a police officer and lodged in the public pound and a citation
for violation of this chapter may be issued to the owner or person
having custody of said dog or cat.
B. Lost identification tags may be replaced by surrendering to the
Director of Finance the license to keep a dog or cat issued at the
time the lost identification tag was procured, and by paying to the
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Director of Finance a fee as may be fixed by resolution of the City
Council. After complying with the provisions of this section, the
Director of Finance will again license the dog or cat, issue a new
license to keep a dog or cat, and new identification tag. The
Director of Finance shall attach the surrendered license to the
City's copy of the new license, to substantiate the fee collected
and verify the transaction.
C. It is unlawful for any person to use any identification tag on any
dog or cat other than that for which it was specifically issued.
6.12.050 SEEING EYE DOGS/GUIDE DOGS.
"Seeing Eye" or guide dogs are those dogs which have been especially
trained to lead and aid the blind or deaf. Any blind or deaf person
having custody of such a dog may keep and harbor the dog within the City
by obtaining a license to keep a dog from the Director of Finance, and
may lawfully take the dog into any food establishment within the City.
There will be no fee charged for such dogs upon proof of antirabies
vaccination.
6.12.060 DOG VACCINATION - REQUIRED - CERTIFICATE - EXCEPTIONS.
A. The person owning or having custody or control of a dog over the
age of four months shall at such intervals of time as may be
prescribed by the State Department of Public Health, procure its
vaccination by a licensed veterinarian with the canine antirabies
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vaccine approved by and in a manner prescribed by the State
Department of Public Health.
B. No license to keep a dog shall be issued for any dog which has
attained the age of four months or over, unless a valid, official
certificate of vaccination with canine antirabies vaccine is
presented with the specified license fee. Such certificate of
vaccination, signed by a licensed veterinarian, shall indicate the
date of vaccination and the type of vaccine used. The certificate
shall be accepted as valid if the certificate will expire on or
after July 1 of the year for which the license is to be issued.
C. The provisions of §6.12.060 (A) and 6.12.060 (B) shall not apply
when the person owning or having custody or control of the dog
presents to the Director of Finance a certificate from a licensed
veterinarian certifying that the dog cannot be vaccinated as
required by this code without causing physical injury or the death
of the dog.
6.12.070 BUSINESS OF BREEDING OR RAISING.
Any person who is engaged in the business of breeding or raising dogs or
cats shall obtain a Business Tax Certificate and pay a tax as set by
resolution of the City Council. Said person shall be exempt from the
requirement of paying license fees for each dog or cat kept in the
establishment. No such dog or cat may be permitted to be in the City
contrary to the provisions of this code.
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6.12.080 REMOVAL OF COLLAR OR TAG.
It is unlawful for any unauthorized person to remove from any dog or cat
any collar, harness or other device to which is attached an
identification tag for the current year or to remove such tag therefrom.
6.12.090 DOGS AND CATS IN FOOD ESTABLISHMENTS.
No person shall allow, permit or take any dog or cat, whether loose, on
leash or in arms, into any restaurant, grocery store, meat market,
convenience store, fruit store or food establishment of any kind in the
City, except seeing eye/guide dogs, as defined in this chapter.
6.12.100 POLICE DOG MISTREATMENT.
No person shall willfully or maliciously torture, torment, beat, kick,
strike, mutilate, injure, disable or kill any dog used by the Police
Department or Parks & Recreation Department of the City in the
performance of the functions of such departments, or interfere or meddle
with any such dog while being used by such departments or any member
thereof in the performance of any of the functions or duties of such
departments or of such officers or members. A violation of this section
constitutes a misdemeanor.
6.12.110 NOISY DOGS.
No person shall keep or permit to remain in any premises within the City
any dog which continuously and incessantly barks at any time during the
day or night to the disturbance of any other person. "Continuous and
incessant barking" means barking for an aggregate period of ten minutes
or more duration during any one hour period which disturbs the peace of
another person, including
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howling, crying, baying or making any other noise, provided that at the
time of the complaint, no person or persons were trespassing or
threatening to trespass upon the private property of the owner or person
in custody or control of the dog, or the dog was not being teased or
provoked in any manner.
6.12.120 ANIMALS AT LARGE.
A. No person owning any dog or other domesticated animal as defined
herein or having the care, custody, control or possession of any
such animal shall, except as provided in Section 12.12.020(B) of
this code, suffer, allow or permit such animal to run, be or remain
at large on any public street, road, alley, park, square, or other
public place, or upon any private property other than the property
of the owner or custodian of such animal without the consent of the
owner of such property within the corporate limits of the City.
Except as provided in paragraph "C" below, all animals are "running
at large" within the meaning of this section unless tied,
restrained by chain, strap or cord not exceeding six feet in length
attached to their collars and actually held by some person or tied
or restrained in an automobile or other vehicle, or unless staked
or fastened or kept securely in an enclosure upon the property of
the owner or person in control of said dog. A dog is not "kept
securely in an enclosure" within the meaning of this section when
said dog has exhibited the ability to escape from that enclosure.
B. No person shall permit a female dog or cat during the period when
the dog or cat is in heat or breeding condition, to be outside a
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house, garage, building, closed structure or secure enclosure
except for purpose of exercising and while under strict control of
the owner.
C. No person owning or having the care, custody, control or possession
of any cat shall suffer, allow or permit such cat to run at large
beyond the boundaries of the property upon or within which such cat
is kept. All cats are "running at large" within the meaning of
this section unless within the immediate presence, control or
supervision of the person owning, or having the care, custody,
control or possession of said cat.
6.12.130 RABIES DANGER.
Whenever any cases of rabies exist in the City or in the vicinity of the
City, the Chief of Police is hereby authorized to publish an order
requiring every person owning or having possession of any dog or cat to
keep it confined upon private premises or else keep it effectively
muzzled to prevent biting. When the period of danger from rabies has
terminated, in the opinion of the Chief of Police, he or she shall
publish a notice terminating the order. During the period between the
published notice and the termination of such order, it is unlawful for
any person owning or having possession of any dog or cat to allow it to
be so unconfined or unmuzzled, and every unmuzzled dog or cat not so
confined during such period shall be taken by the animal control officer
and impounded in the public pound. The notices referred to in this
section shall be published by posting in at least three public places in
the City and by one or more publications in a newspaper published and
circulated within the City.
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6.12.140 BITES.
In the event that any dog or cat is impounded upon complaint of any
person asserting that such dog or cat has bitten some person, the animal
control officer may impound and keep such dog or cat safely segregated
during a period of at least ten days for observation for rabies, and
following such period of observation, if it is found that the dog or cat
does not have rabies, and if it is licensed and otherwise eligible to be
returned, it shall be returned to the owner upon payment of impound fees
and feeding charges. If the dog or cat is found to have rabies, it
shall be forthwith destroyed by the animal control officer. In the
event of any statute taking precedence over the provisions of this title
with respect to the impounding or regulating of dogs or cats suspected
of having rabies or otherwise regulating dogs or animals, then to the
extent that such statutes conflict with the provisions of this title,
the provisions of this title shall be suspended during such period of
conflict.
CHAPTER 6.14
KEEPING AND SANITATION
6.14.010 PROPERTY DAMAGE -PERSONAL INJURY.
A. Every animal which has injured any person, other than a trespasser
or the person owning or having the possession thereof, and every
animal which has damaged the property of any person other than the
person owning or having the possession of such animal, may be taken
by the animal control officer and impounded provided the violation
took place in the presence of said animal control officer or any
regular member of the City Police Department.
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B. Before any animal may be picked up and impounded by the animal
control officer for a violation of this section which has been
committed outside of the presence of the animal control officer or
of a regular member of the City Police Department, the person
complaining against such violation shall be required to file a
written complaint, setting forth the details with respect to the
injury or damage asserted to have been committed and identifying
the animal which has committed the injury or damage. In the event
that the facts and circumstances of any case warrant, in the
opinion of the Chief of Police, an arrest of the person owning or
having possession of the animal, then the person complaining may
also be required to sign a complaint to cause the arrest.
6.14.020 VICIOUS BEHAVIOR PROHIBITED.
A. It shall be unlawful for any person owning, possessing,
controlling, harboring, or keeping any dog or puppy to cause or
permit said animal to exhibit or engage in vicious behavior.
"Vicious behavior" means any of the following:
1. An attack which requires a defensive action by any person to
prevent bodily injury or property damage when such person is
conducting himself or herself peacefully and lawfully.
2. An attack which results in property damage or in an injury to
a person when such a person is conducting himself or herself
peacefully and lawfully.
3 An attack on another animal, livestock or poultry which occurs
on property other than that of the owner of the attacking dog.
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4. Any behavior which constitutes a threat of bodily harm to a
person when such person is conducting himself or herself
peacefully and lawfully.
B. For the purpose of this section, a person is conducting himself or
herself peacefully and lawfully upon the private property of the
owner or possessor of the animal when he or she is on such property
in the performance of a duty imposed by the law of this state or
any city or county, or by the laws or postal regulations of the
United States, or when he or she is on such property by invitation,
either expressed or implied.
C. This section shall not apply to any dog assisting a peace officer
or park ranger engaged in law enforcement duties.
6.14.030 VICIOUS DOG ABATEMENT HEARING PROCEDURE.
Purpose and Intent. Within the City of Lodi there are vicious dogs
which constitute a public nuisance which should be abated. The
provisions of this section provide an administrative procedure by which
dogs found to be a nuisance may be abated following a hearing at which
oral and documentary evidence is considered. This section is intended
to supplement rather than supplant any other remedy available either
under state law or the Lodi Municipal Code.
a. Vicious Dog Defined. Any dog, except one assisting a peace
officer or park ranger engaged in law enforcement duties,
which demonstrates any of the following behavior, is presumed
vicious:
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1. An attack which requires a defensive action by any person
to prevent bodily injury or property damage when such
person is conducting himself or herself peacefully and
lawfully.
2. An attack which results in property damage or in an injury
to a person when such a person is conducting himself or
herself peacefully and lawfully.
3. An attack on another animal, livestock, or poultry which
occurs on property other than that of the owner of the
attacking dog.
4. Any behavior which constitutes a threat of bodily harm to
a person when such person is conducting himself or herself
peacefully and lawfully.
b. For the purposes of this section, a person is conducting
himself or herself peacefully and lawfully upon the private
property of an owner or possessor of the dog when he or she is
on such property in the performance of any duty imposed on
such person by state or local law or by the laws or postal
regulations of the United States, or when he or she is on such
property upon invitation, either expressed or implied.
c. Investigation. Any incident reported to the Lodi Police
Department concerning a vicious dog may be investigated by the
Police Chief, or his designee. The investigation may consist
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of the observations and/or reports of officers made at the
time of the incident, or follow-up reports. If, based on the
investigation, the Police Chief or his designee, concludes
that there is probable cause to believe that the dog is
vicious, he shall so certify in writing within ten (10)
working days following completion of the investigation to the
person owning or controlling the dog. Thereafter a hearing
may be held pursuant to subsections (e), (f) and (g) below.
d. Confinement of Dog. If the Police Chief or his designee,
certifies that there is probable cause to believe that a dog
is vicious and a risk to public safety, he may direct any
animal control officer, police officer or other authorized
employee of the City to enter the yard of any private
residence or business in order to seize any such dog, whether
running at large or not, and confine the dog at an appropriate
animal shelter pending the decision of the City Manager or his
designee, following the hearing provided for in subsections
(e), (f) and (g) below. The cost of said confinement shall be
paid by the person owning or controlling such dog. The dog
shall not be released until such costs have been paid in full.
e. Hearing -Schedule. A hearing date shall be set not later than
fifteen (15) working days from the date of certification. The
City Manager, or the appointed hearing officer, shall mail or
otherwise deliver to the owner or person controlling the dog
and other interested persons, which may include but is not
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necessarily limited to, properties within three hundred (300)
feet of the address of the owner or person controlling the
dog, at least five (5) working days prior to the date set for
hearing, a notice in substantially the following form:
TO:
NOTICE OF HEARING REGARDING VICIOUS DOG
(name)
(address)
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Section
6.14.030 of the Lodi Municipal Code, the Police Chief has certified
that there is probable cause to believe a dog owned or controlled
by you, a (breed) , is vicious.
FURTHER NOTICE IS HEREBY GIVEN that on the
day of , 19 , at the hour of
o'clock, in the offices of the City Manager, City Hall, 221
West Pine Street, Lodi, California, the report of the Police
Chief or his designee, will be considered by the City Manager
or an appointed hearing officer with such other oral and
documentary evidence bearing upon the question of whether your
dog is vicious. You may appear and may present evidence at
the hearing. You may also be represented by an attorney. If
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you fail to appear without giving notice to the City Manager,
the matter may proceed in your absence and such absence may be
further considered a waiver of your right to present evidence
and object to any decision made.
In the event your dog is found to be vicious, it will be
ordered to be controlled, confined, destroyed, restricted, or
otherwise abated as a public nuisance and any impoundment cost
incurred shall be assessed against you.
A copy of this notice has been sent to property owners within
three hundred (300) feet of your address.
Dated:
City Manager
f. Hearing -Procedure. At the hearing, which may be continued from
time to time, both oral and documentary evidence may be taken
from any interested person and considered in determining whether
the dog is vicious. Any owner who fails to appear after notice
as provided herein was given, without obtaining a continuance
from the City Manager or an appointed hearing officer, may be
deemed to have waived any right to introduce evidence or object
to an order made by the City Manager. If the hearing is
conducted by a hearing officer other than the City Manager, the
hearing officer shall submit a report to the City Manager
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summarizing the evidence and making a recommendation as to
disposition.
g. Hearing -Findings: Public Nuisance. If, based upon the hearing,
and the report of the hearing officer, if any, the City Manager
upholds the findings of the Police Chief or his designee, that
the dog is vicious, the City Manager shall so specify in writing
together with the reasons therefor. Any dog found to be vicious
is hereby deemed a public nuisance and shall be, pursuant to the
order of the City Manager, humanely destroyed, be removed from
the City, or the nuisance otherwise abated by appropriate order
of the City Manager including, but not limited to, confinement,
fencing, muzzling or leashing. The decision of the City Manager
shall be made within ten (10) working days after the conclusion
of the hearing and shall be final. A copy of the decision shall
be sent by certified mail or personally served upon the person
owning or controlling the dog.
h. Cost of Impoundment. If the City Manager finds the dog is
vicious, the costs of impoundment incurred by the City, including
any abatement period, shall be paid by the owner or the person
controlling the dog and may become a lien against the real
property upon which the dog was kept and maintained until said
lien is paid. If the order includes the release of a dog found
to be vicious to the owner or person controlling it, the dog
shall not be released until such costs have been paid in full.
If such costs have not been paid within thirty (30) calendar days
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after the date of mailing or delivery of the order, the City
Manager may dispose of the dog in any manner provided by law, or
return the dog and pursue alternative collection procedures. The
total amount of the impoundment charges may be entered on the
next fiscal year tax roll as a lien against the property upon
which the dog was maintained and shall be subject to the same
penalties as are provided for other delinquent taxes, liens or
assessments of the City, or an action may be brought in the name
of the City to recover the costs of impoundment.
i. Criminal Sanctions. The first violation of any order issued
pursuant to subsection (g) above shall constitute an infraction.
The second and any further violations within twenty-four (24)
months of the order shall be misdemeanors.
6.14.040 SANITATION OF PREMISES.
A. It shall be unlawful for any person, at any time, to maintain any
lot or other premises, or any portion thereof in the City, upon
which an animal is kept, in an unsanitary condition. No person
shall maintain any such lot or premises, or portion thereof upon
which an animal is kept, in such condition as to be infested with
flies or insects or to create any noxious or offensive odors.
B. It shall be unlawful for any person owning or having charge,
care, control or custody of any animal to allow animal waste or
fecal matter produced by said animal to accumulate or remain on
the ground or about the premises or property for more than three
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(3) days without said animal waste or fecal matter being placed
in an airtight bag or other container and removed from the
property within seven (7) days.
C. Notwithstanding the above, any person owning or having charge,
care, control or custody of any animal shall at all times prevent
urine and/or feces odors of said animal's waste from hindering,
hampering, impeding, interfering with, infringing upon, or
detracting from another person's enjoyment of their real or
personal property.
6.14.050 REMOVAL OF ANIMAL WASTE
A. It is unlawful for the owner or any person having custody of any
dog, cat or other domesticated animal, referred to as "animal" in
this section, to fail to immediately remove and dispose of any
feces deposited by the animal on either public property or on
private property not under the control of such person. Disposal
shall be by placing the feces in a closed or sealed container and
depositing the container in a trash receptacle.
B. Persons having custody or control of such animals in a public
place or private property not under such person's control shall
have in their possession a suitable wrapper, bag or container for
the purpose of complying with this section's requirements.
Failure to have the wrapper, bag or container while with the
animal in such designated places shall constitute a violation of
this section.
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C. This section shall not apply to a sightless person who has
custody or control of a guide dog.
D. A violation of this section is an infraction, punishable by:
1. A fine not to exceed twenty-five dollars for the first
violation; and
2. A fine not to exceed one hundred dollars for the second
violation and each subsequent violation within one year.
6.14.060 DEAD ANIMALS.
The animal control officer shall remove and dispose of all dead dogs,
cats and other animals found on any street or other public place.
CHAPTER 6.16
PET SHOPS
6.16.010 PERMIT REQUIRED.
A. It is unlawful for any person to erect, establish or maintain any
pet shop without first obtaining a permit from the Director of
Finance.
B. For purposes of this chapter a "pet shop" means a commercial
establishment where live animals are sold or kept for sale or
hire.
C. The permit required by this title is a separate requirement
-34-
exclusive of any other licenses or permits required by any other
provision of the Lodi Municipal Code.
6.16.020 EXEMPTIONS --ANIMAL SHELTERS.
The provisions of this chapter requiring the payment of an annual
license fee shall not apply to an animal shelter maintained and
operated by a society for the prevention of cruelty to animals duly
incorporated under Title 1, Division 2, part 4 of the Corporations Code
of the state, or to the City pound.
6.16.030 PERMIT --ISSUANCE CONDITIONS.
A. The granting of the permit required by §6.16.010 shall be in the
discretion of the Director of Finance, who shall take into
consideration the type of construction to be employed as it
relates to sanitation and the manner in which animals are to be
housed, and such zoning regulations as may be in effect or
adopted from time to time, provided that:
1. No permit shall be granted for a pet shop that is not in
compliance with the zoning ordinance or other federal, state,
or local law; and
2. The application for a permit shall show that odor, noise,
dust and drainage from the pet shop shall not constitute a
nuisance or hazard to the public.
6.16.040 ANNUAL PERMIT FEE - RENEWAL - DELINQUENCY.
A. Upon approval of the Director of Finance and subject to the
-35-
payment of the annual permit fee as set by resolution of the City
Council, the Director of Finance shall issue to the applicant a
permit in such form as he or she may prescribe, and deliver a
copy thereof to the applicant.
B. All permits issued pursuant to this section are issued on a year
to year basis and expires on January 31 of the year following the
year of issuance. All such permits must be renewed on or before
the date of expiration. Permit renewal is accomplished by paying
the applicable annual permit fee. Failure to timely renew any
permit required under this chapter shall constitute a violation
of this chapter.
C. The failure to timely renew any permit required by this chapter
shall cause any applicable permit fees to become delinquent, and
a charge in an amount fixed by resolution of the City Council
shall be added to the regular annual permit fee. The regular
annual permit fee and all accrued charges must be paid before the
permit may be issued. This section is intended to supplement
rather than supplant any other remedy available under State law
or the Lodi Municipal Code.
CHAPTER 6.18
ENFORCEMENT
6.18.010 POWERS OF ANIMAL CONTROL OFFICER.
The animal control officer shall have the powers of enforcement of the
-36-
provisions of this title and such state laws and local ordinances as
relate to the care and treatment of animals and for the prevention of
cruelty thereto. For the purpose of discharging these duties, the
animal control officer is authorized and directed, when it is lawful to
do so, to enter upon any premises for the inspection or examination
thereof or for the performance of any other of his or her official
duties thereon; to take up and impound any animal or fowl which may be
in the city contrary to any provision of this title; to destroy any
animal lawfully impounded, which is by reason of age, disease or other
cause, unfit for further use, or is dangerous to keep impounded.
6.18.020 RESISTING OR OBSTRUCTING ANIMAL CONTROL OFFICER.
It is unlawful for any person to resist or obstruct the animal control
officer in any way in the performance of his duties under this title.
A violation of this section constitutes a misdemeanor.
6.18.030 VIOLATION --INFRACTION.
Except where specifically stated, any violation of this title is an
infraction unless the defendant has been convicted of three or more
violations of a particular section within the twelve-month period
immediately preceding the commission of the offense, and then the
violations of this title constitutes a misdemeanor.
SECTION 2. All ordinances and parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
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News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Approved this 15th day of February, 1995
STEPHEN J. MANN
Mayor
Attest:
JENNIFER M. PERRIN
City Clerk
State of California
County of San Joaquin, ss.
I, Jennifer M. Perrin, City Clerk of the City of Lodi, do hereby
certify that Ordinance No. 1605 was introduced at a regular meeting of
the City Council of the City of Lodi held February 1, 1995 and was
thereafter passed, adopted and ordered to print at a regular meeting of
said Council held February 15, 1995 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1605 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
BOBBY W. McNATT
City Attorney
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JENNIFER M. PERRIN
City Clerk
To: Lodi City Council Members
From: Animal Friends Connection
Dear Councilmember,
+
=CEIVE0
13 Pit 3:
We felt inappropriate actions were taken at the fast' ty'Council meeting regarding the proposed
Animal Control Ordinance and t.,e amendment thereto. The inappropriate action concerned the
closing of public discussion on the proposed ordinance and then amending the proposed ordinance
and not allowing public discussion on the amendment.
When we tried to comment on the amendment, we were told that public discussion was closed.
Toward the end of the meeting, a councilman indicated that discussion was still open. This
confusion on the part of the council denied us, and other concerned citizens, the opportunity to
comment on the major changes proposed by Councilman Sieglock.
We are in favor of the original proposal to allow 5 licensed animals per household. We would
support a compromise of 5 regularly licensed animals per household and elimination of the
Animal Fancier's permit. This would be fess complicated, more workable for the city and more
likely to generate additional revenue. You may recall from the Council Shirt Sleeve session the
number of animals allowed per household in other nearby cities.
Tracy 4 (2 dogs, 2 cats)
Sacramento 3 clogs, 7 cats
Placerville 4 dogs, no limit on cats
Woodland 4 dogs, no limit on cats
Davis 4 dogs, no limit on cats
Livermore 6 (3 dogs, 3 cats)
We, along with many other Lodi citizens we've spoken with, urge you to allow 5 regularly
licensed animals per household.
Regarding Pot Bellied pigs, we support the grandfathering clause as the only fair and equitable
method of eventually phasing out Pot Bellied pigs in the city.
We support the original barking dog ordinance (stating "frequent barking for a period of ten
minutes or more duration") that is used throughout the rest of the state by a majority of animal
control agencies. There are existing noise and nuisance ordinances to take care of abnormal
noisy situations. The original ordinance, if enforced, is adequate. In addition Animal Friends
Connection is willing to help with behavioral counseling for barking dogs. The issue of
intermittent barking (any 10 minutes within an hour) as presented in the amended ordinance is
complicated to monitor and difficult to enforce. Further, the existing law has been successfully
used to address this problem in most areas of the county.
Regarding Chapter 6.04 Impoundment, section 6.04.020 B. We urge you to change the wording
to read euthanized or "otherwise disposed of in a lawful and humane manner."
Sincerely,
Animal Friends Connection
Board of Directors
Febivary
Deal City Couhcil
PH 12: f
: 7 -
1,, R.
77:42 W. Turner Rd.
7s.-141
rc1thaL thc: ptopoLed City Xdinano;-± No. 1605 is once
again 0L,ie genda F,ALu.ary 15,
Pi,EASE do Luin decii,:r.n about_
pig:,; being allc-iwj iL
Ail y1.1 .;ur complex situation and t:le
in. Wou1.1 y liL. door to a grunting
L:Ij i-ig? It's nni: 4tfy much fun. Especially when you aic:: homo
al,d it out 7.1
Fi do nut .,i. kind in oui city
limits.
Thank you the LLi!, to I wo6ld
youi- isuppuLt iegai..ii.ug this