HomeMy WebLinkAbout923ORDINANCE NO. 923
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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH REPEALING SECTIONS 4150 AND 4151 OF THE
UKIAH CITY CODE AND ADOPTING SECTIONS 4150-4193,
REGULATING DOMESTIC AND WILD ANIMALS IN THE
CITY OF UKIAH.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Section 4150 and 4151 of the Ukiah City Code are hereby repealed.
SECTION TWO.
Sections 4150-4193 are hereby added to Chapter 1, Division 5 of the Ukiah City
Code to read as follows:
ARTICLE 5. PENALTIES AND DEFINITIONS.
Sec. 4150 Penalties.
(A) Infactions.
Unless otherwise specifically provided in this Chapter, every violation determined to
be an infraction is punishable by:
(1) A fine not exceeding fifty dollars ($50.00) for a first violation;
(2) A fine not exceeding one hundred dollars ($100.00) for a second violation of
this ordinance within one (1) year and;
(3) A fine not exceeding two hundred fifty dollars ($250.00) for each additional
violation of this ordinance within one (1) year.
Each separate offense shall constitute a separate infraction. Any person cited for an
infraction violation of this ordinance with three prior convictions of the same section of this
ordinance within a twelve (12) month period may be charged with a misdemeanor.
(B) Misdemeanors.
Unless otherwise provided in this Chapter, every offense declared to be a mis-
demeanor is punishable by imprisonment in the County jail, not exceeding six (6) months,
or by fine not exceeding five hundred dollars ($500.00), or by both.
(C) Violations.
Unless otherwise specifically provided herein any violation of this Chapter shall con-
stitiute and is hereby declared a misdemeanor.
Sec. 4151 Charges and Fees.
Unless superceded by State law or otherwise specifically provided for in this Chap-
ter, all charges, fees, delinquency assessments and license and permit fees relating to
animal control and regulation shall be set by resolution of the City Council.
Sec. 4152 Definitions.
Unless the context otherwise requires, the following terms shall have the following
meanings when those terms are used in this Chapter.
ANIMAL means any wild or domestic animal, fowl, reptile, fish and non-human
animals.
ANIMAL CONTROL, DIVISION OF ANIMAL CONTROL/ANIMAL CON-
TROL AUTORITY means that department or division of the City government and/or
contracting agency which is specifically charged with the regulation of and enforcement of
laws relating to animals within the jurisdiction of the City of Ukiah.
ANIMAL CONTROL OFFICER. Any person duly appointed by the Agricultural
Commissioner, the City Council, or a Humane Society pursuant to Civil Code Section 607f,
if that society has contracted with the City of Ukiah to enforce this Chapter within the City
limits.
ANIMAL ESTABLISHMENT. Any pet shop, grooming shop, auction, performing
animal exhibition, kennel, animal shelter operated by other than a government agency, or
Humane Society for the purposes specified in this ordinance.
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ANIMAL SHELTER. Any facility operated by a local governmental agency, con-
tracting agency, or Humane Society for the purposes specified in this ordinance.
ANIMAL EXHIBITION. Any display containing one or more live domesticated
wild or exotic animals which are exposed to public view for entertainment, instruction or
advertisement.
AT LARGE. Any animal, excepting a working animal, shall be deemed to be at
large when off the premises of the owner and not under restraint by leash or physical con-
trol of its owner.
BOARDING KENNEL. A commercially operated establishment for the care and
keeping of dogs and cats, other than those belonging to the operator.
CAT means any member of the domestic feline species.
CITY means the City of Ukiah and when the context so indicates, City employees or
contractors designated to carry out the provisions of this Chapter.
COUNTY means the County of Mendocino.
CONTRACT AGENCY means any entity, including a Humane Society, which has
entered into a contract with the City Council for the regulation and control of animals
within the City and the duly designated officers of said contract shall have the authority to
enforce the terms of this ordinance, including the authority to issue citations, in all areas
covered by said contract.
COUNTY VETERINARIAN. Through a recommendation by the County Health
Officer, shall be annually appointed by the County Board of Supervisors. He serves with or
without compensation in the furtherance of the program of vaccination of dogs and cats
against rabies.
DANGEROUS ANIMALS. Any animal which, because of its disposition or other
characteristic would constitute a danger to persons or property, but this definition does not
include domestic dogs or cats.
DOG means any member of the Domestic Canine species.
DOMESTIC ANIMAL means any animal, other than wild or exotic animals, cus-
tomarily confined or cultivated by man for domestic or commercial purposes.
ESTRAY. The act of any animal to wander or roam at large.
EXOTIC ANIMAL. Any wild animal not customarily confined or cultivated by man
for domestic or commercial purposes.
FERRAL DOG. A dog, escaped from domestication, running free and becoming
wild.
GUARD DOG. A dog trained specially for the protection of personal, commercial
or private property and registered as a recognized guard dog with the local governing body.
GUIDE DOG means a dog that physically assists a person who has a physical dis-
ability.
GROOMING SHOP/PARLOR. A commercial establishment where animals are
bathed, clipped, plucked, or otherwise conditioned.
HEALTH DEPARTMENT means the Health Officer or authorized agents of the
County Health Officer or City Health Officer.
INFRACTION. Public offense as defined by Penal Code Section 16.
IMPOUNDMENT means any taking custody of, taking
animal(s) by the animal control authority.
up, or confining of any
COMMERCIAL KENNEL means any place where five (5) or more dogs or cats are
kept for commercial purposes, including a commercial kennel, pet grooming shop/parlor,
commercial dog bre~ding business, boarding kennel, commercial or non-profit dog adop-
tion agency, or pet shop; provided, however, that a commercial kennel shall not include a
licensed veterinary hospital or licensed agricultural kennel.
NONCOMMERCIAL RESIDENTIAL KENNEL means a place where five (5) or
more dogs are kept, harbored, or confined for other than commercial purposes. Each dog
in this type of kennel is subject to the regular dog license fee and is subject to compliance
with certain kennel provisions of Sec. 4161.
CERTIFIED AGRICULTURAL KENNEL means any place where five (5) or
more dogs used solely for the herding or protection of farm animals or hunting dogs are ac-
tually keep, and the applicant signs a statement verifying proof of that status when applying
for the certified agricultural license.
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KITTEN means any member of the domestic Feline species under four (4) months
of age.
LEASH means any rope, leather strap, chain or other material not exceeding six
feet in length being held in the hand of the person capable of controlling and actually con-
trolling the animal to which it is attached.
LICENSE refers to the license issued for the specified licensing period within City
of Ukiah with all fees being paid as evidenced by a valid receipt.
LIVESTOCK includes all domesticated bovine, equine, caprine, ovine, suine, avian,
poultry, and rodent species.
NUISANCE. Without limitation, any animal shall be considered a nuisance if it
damages, soils, defiles, or defecates on private property other than the owner's, or public
property; causes a disturbance by excessive barking or other noise making; or molests, at-
tacks, or interferes with persons or passers-by on public property and property not that of
the animal's owner; or attacks, worries, or molests or kills other animals or repeatedly
chases passing vehicles on public highways or streets.
OWNER means any person who is the keeper, harborer, possessor, or custodian, or
who has control of an animal, or legal owner of any animal. Any occupant of premises
upon which an animal is found shall be deemed prima facie the owner of said animal for
the purposes of this Chapter. In addition, it shall be evidence of ownership of any animal
for any person to refuse to present that animal to an animal control officer for inspection
or to refuse to permit such officer to impound any animal on the premises of such person,
when said animal is found in violation of the provisions of this Chapter.
PHYSICAL CONTROL means confined or restrained by a chain, rope, or leash.
PET SHOP. An establishment operated by any person, firm, or corporation, where
live animals are kept for wholesale or retail sale, barter, or hire.
PROTECTIVE CUSTODY HOLD is a hold placed on any animal or dog which the
animal enforcement authority determines should extend beyond seventy-two (72) hours,
excluding Saturday, Sunday and Holidays.
PUPPY means any member of the domestic Canine species under the age of four
(4) months.
QUARANTINE means the act of strict isolation and confinement of any animal to
prevent the exposure to and the spread of a contagious disease or to prevent the animal
from causing injury to any person or other animal.
STRAY means any animal that is at large without an identification tag, license tag,
rabies tag, brand, tattoo, or any apparent identification that would identify the true owner-
ship of said animal, or an animal that may be lost or abandoned with or without such
means of identification.
UNCONTROLLED means any animal "at large".
UNLICENSED means that the licensing fee has not been paid for the current
licensing period in the City of Ukiah.
VACCINATION means a rabies vaccination of a dog or cat with a vaccine approved
by and in the manner prescribed by the State Department of Public Health.
VETERINARIAN. A person licensed to practice veterinary medicine in the State
of California.
VICIOUS ANIMAL. Any animal which has bitten a person or animal without
provocation, or attacks, bites, harasses, scratches, or which has a disposition or propensity
to attack, bite, harass or scratch any person or animal, or constitutes a physical threat to
human beings or other animals.
WILD ANIMAL means any animal not actually confined or cultivated by man.
WORKING ANIMAL means animals under the control of humans used for the
movement of livestock, fowl, tracing, obedience show, or in the taking of wild animals or
wild fowls during the season established by law or in field trials.
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ARTICLE 6. DOGS, CATS AND OTHER ANIMALS/PROHIBITIONS.
Sec. 4153 Dogs.
It shall be unlawful and an infraction for any person who owns, harbors or keeps any
dog:
(1) To permit or cause such dog to run at large, roam or run estray. To fail to keep
the dog under physical control when the dog is upon any public property or private
property without the express permission of the owner or the custodian of such property.
Dogs permitted on public property must be on a leash not exceeding six feet (6') in length.
(2) To permit the dogs to defecate upon public property, including but not limited
to, any public sidewalk or public area commonly occupied or traversed on foot by members
of the public, unless the person immediately removes the feces and properly disposes of it.
Visually handicapped persons who use guide dogs are exempt from this law.
(3) To permit any dog to be unlicensed.
(4) To permit any dog to remain unrestrained without an appropriate fence, chain,
leash, or enclosure.
(5) To permit or take any dog into a restaurant, grocery store, meat market, super-
market, fruit store or any place where food is sold, dispensed or served to members of the
public. Exempted from this law are guide dogs under the immediate and effective control
of their owners.
(6) To p.ermit any dog, known to be vicious and/or at large, to be kept on any
private property ~n such a manner as to endanger the safety of any person lawfully entering
such premises. In addition, a sign must be posted in a conspicuous place at or near the
entrance to the premises with lettering at least two inches (2") in height and width reading:
"BEWARE OF VICIOUS DOG"
Sec. 4154 Cats.
It shall be unlawful and an infraction for any person who owns or harbors or keeps
any cat:
(1) To permit a cat to damage property, public or private, real or personal, or to
bite, scratch, or claw any human being or other animal which is on the property of another.
(2) To take a cat into any of the places set forth in Section 4153 para. (5).
Sec. 4155 Nuisance.
It shall be unlawful and an infraction to permit dogs, cats or other animals to engage
in any conduct which would constitute a public nuisance. When Animal Control receives a
complaint regarding a dog or animal which presents a physical menace to the safety or the
neighborhood and, upon receiving a written complaint(s) from one (1) or more persons
residing or working in the surrounding neighborhood who complains that any dog, cat or
other animal is a habitual nuisance so as to disturb the peace and quiet of the surrounding
.neighborhood, or by reason of its actions causes undue annoyance, or whose habitual bark-
~ng, howling or other sound, cry, or habitual excessive loud and shrill noises interferes with
any person of ordinary sensitivity in the reasonable and comfortable enjoyment of life and
property; the City will investigate the complaint, and if such condition is found to exist, an
order to conform may be issued requiring said owner or custodian of the dog, cat or other
animal to abate such nuisance immediately. Failure to comply with the notice to abate
such nuisance in compliance with the specific requirements contained in the notice shall be
deemed a violation of this Section and subject the violator to such penalties and fines as
are set forth in this Chapter, and may subject the animal to impoundment. The aggrieved
animal owner may file a written appeal of such order of abatement or an impoundment of
said animal in the form of a written "Notice of Appeal" with Animal Control. The appeal
hearing will be conducted pursuant to procedures set forth in Section 4185.
Sec. 4156 General Prohibitions.
(1) It is unlawful and a misdemeanor to abandon any animal in the City.
(2) It shall be unlawful and a misdemeanor for any person to display for sale, offer
for sale, exchange, barter, or give away any animal except in the following places:
(a) Pet shop, commercial kennel, private kennel, nonprofit incorporated pet
adoption agency, pet grooming parlor, animal shelter, humane society facility, horse estab-
lishment, which have a valid permit or license as may be required by this Chapter.
(b) Private residence; or
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(c) Veterinary clinic.
EXCEPTION: This provision does not apply to livestock at recognized auc-
tions, fairs or expositions, nor does it preclude any advertisement of the sale
of such animals through the media or radio, television or public posting of
said offering.
Sec. 4157 Impoundment.
Any animal control officer or peace officer may impound any dog or cat for viola-
tions of this Chapter, or when deemed necessary to preserve public health and safety or to
prevent needless suffering of animals. Impoundments shall be governed by Article 9, com-
mencing with Section 4180.
ARTICLE 7. LICENSING AND PERMITS.
Sec. 4160 Dog Licenses.
(A) General Requirements.
(1) Owners of dogs 4 months or older shall at all times have a valid City of
Ukiah dog license for each dog in their possession and must license their dogs within 10
days of the dog coming into their possession or within 10 days after the dog reaches 4
months of age. Licenses are valid for a period of one year beginning on the first day of the
month in which they are first issued and ending on the first day of that same month in each
following year. If a license is sought more than 10 days after the dog turns 4 months of age
or first comes into the owner's possession the license shall be effective for a period of one
year on the first day of the month in which a license was first required.
Evidence of spaying or neutering when required shall be furnished by the owner and
shall consist of certification from a licensed veterinarian. Any owner of the same dog so
licensed may transfer a valid license and registration to another person upon payment of
the transfer fee.
(2) No license or tag of any type shall be issued pursuant to this Chapter for
any dog until a valid certificate of rabies vaccination is presented to City Finance Depart-
ment for each dog to be licensed.
(3) A current valid dog license tag bearing the month and year in which it
was issued shall be securely affixed to the dog's collar, harness or device and shall be worn
at all times by said dog for whom the license registration is issued.
(4) A reduced license fee shall be charged for all dogs that are spayed or
neutered according to a fee schedule set by resolution of the City Council.
(5) Any disabled person using a dog as a recognized guide dog shall be
issued a license without charge upon proof of a valid rabies vaccination.
(6) A dog owned and used exclusively for law enforcement purposes by a
public agency requires a valid rabies vaccination and a dog license. The license requested
shall be issued without charge upon documentary proof that such dog is certified for law
enforcement activities only.
(B) License Forms and Tags.
The City Finance Department or Division of Animal Control shall provide forms for
the licenses required herein. Such licenses when completed, shall state the age, sex, color,
and breed of the dog for which a license is requested and the name and address of the
owner thereof. The City Finance Department or a Division of Animal Control shall main-
tain on file in its office for public inspection copies of all licenses issued pursuant to this
Chapter. Upon completion of the license form by the applicant, payment of the fees
required, and presentation of a valid certificate of rabies vaccination as required herein,
the City Finance Department or a Division of Animal Control shall issue the necessary
license tags which shall be of a durable material and bear the name "City of Ukiah", the
month and year of issuance, and the number of the license tag.
(C) Notice to Public.
The City shall annually between the 15th day of May and the 15th day of June of
each year, cause to be published at least once in a newspaper of general circulation, a
notice addressed to all persons who own or harbor dogs. Said notice shall state the amount
of the license fee, the date payable, and the penalty for failure to pay within the time
prescribed by this Chapter. Thirty days before the expiration date the City Finance
Department or Division of Animal Control shall send a renewal notice to each owner of a
licensed dog as shown on the City's records. Failure to publish or send such notices shall
not relieve any dog owner of the obligation to comply with any provisions of this Chapter.
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The Finance Department or Division of Animal Control is also authorized to
require businesses which sell pet food or pet supplies to permit the posting, of a notice next
to such items reminding pet owners to comply with City licensing regulations, rabies vac-
cination requirements and City animal control laws. These notices will be supplied and
posted by the City.
(D) Late Procurement and Penalty.
Any owner failing to obtain and pay for a nonprorated license or licenses under the
rovisions of this Chapter by the 30th day of the month in which the license was originally
sued ("the renewal date") shall, in addition to the license fee, pay a penalty for each dog.
Dog owners who are cited for not having obtained the required license(s) for their dog(s)
as required by this Chapter shall obtain a license and will be charged the additional delin-
quent penalty fee. Any license after the renewal date will be effective for one year from
date on which the license originally expired.
(E) Nonresidents.
Provisions of Section 4160 A through G, shall not apply to nonresident owners of
dogs who are temporarily within the City with their dogs for 30 days or less, nor to dog
owners whose dogs are brought into the City to participate in any dog show, field trial, or
tracking activity, providing said dogs have a current valid dog license and rabies vaccination
from a city or county or state of origin. The dog license must be attached pursuant to Sec-
tion 4160(A).
(F) Imported Dogs.
Any dog owner not falling within the exemption of Section 4160(E) above, bringing
a dog(s) into the City of Ukiah from out of State or out of the city after July 1, shall within
ten (10) days, excluding Saturdays, Sundays, and holidays, upon presentation of a valid
rabies vaccination certificate, obtain the license(s) for the ensuing fiscal year. Owners of
any such aforementioned dogs brought into the City before July 1 of the existing fiscal year,
shall obtain the required nonprorated license for that fiscal year. Said license shall expire
on July 1, and said dog owner shall be subject to normal license renewal.
The additional penalty provided for nonpayment of license fees on or prior to June
30 in any year shall not apply to the said owner of a dog or dogs who brings such out of City
dog or dogs into the City of Ukiah after the 30th day of June of any year, providing such
owner shall within ten (10) days (excluding holidays, Saturdays and Sundays) after brlnging
each dog or dogs into said City, procure a license or licenses for such dog or dogs, and it is
hereby made the duty of such owners to secure said license or licenses within said ten (10)
day period.
(G) Lost Tags.
In the event a license tag issued to a dog be lost or destroyed, the owner shall within
ten (10) days thereafter procure a new duplicate license tag for a fee, and if said owner
shall fail to secure a duplicate license within ten (10) days (excluding Saturdays, Sundays
and holidays) from the loss of said tags, said owner or owners shall be subject to a delin-
quent penalty fee, as well as the duplicate tag fee as set forth by resolution by the City
Council of the City of Ukiah.
(H) Prohibitions.
(1) It is further provided that any person who secures a dog license, or any
type dog kennel license, or dangerous animal permit at any time by means of fraud or mis-
representation shall be guilty of a misdemeanor.
(2) Any person who owns or harbors or keeps any dog and fails, neglects or
refuses to attach and keep a valid current license tag affixed to said dog in the manner
prescribed by this ordinance and State law is guilty of an infraction. Such unlawful conduct
may also result in the impoundment of the dog.
(3) No person shall and it shall constitute an infraction to remove a dog
license tag from any dog without the consent of the owner thereof, except in cases of emer-
gency.
(4) It is unlawful and an infraction for any person to place a dog license tag
on any dog for which the tag was not issued or place an imitation or false dog license tag on
any dog.
(5) It shall constitute an infraction for any person to fail or refuse to show to
the animal control officer or peace officer the dog license tag or license certificate or rabies
certificate for any dog upon request.
(6) It is unlawful and a misdemeanor to possess, own, keep or harbor any un-
licensed dog or to maintain, conduct, or cause to be operated any unlicensed kennel.
grooming shop/parlor, pet shop, commercial kennel and profit or nonprofit dog adoption
agency.
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(I) Disposition of Funds.
All fees collected for the issuance of dog licenses and tags and all fines collected
pursuant to this Chapter shall be paid into the City treasury and shall be used as required
~n Food and Agriculture Code Section 30652, as it now reads or may be hereafter amended.
Sec. 4161 Kennel Licenses.
No person shall conduct a commercial kennel without a current commercial kennel
license, in addition to a City business license, issued by the Finance Department.
No person(s) shall be issued a certified agricultural kennel license without verifying
to the fact that their dogs (five (5) or more) are solely used for the purpose of herding or
protection of farm animals, or hunting, and further agrees that these dogs are not to be sold
or traded for commercial purposes. Applicants will be required to complete a signed state-
ment attesting to the validity of the information as being true and correct.
Such kennel license must be obtained before July 1st. Persons failing to obtain the
license by June 30 shall pay double the fee. Licenses shall be valid for a period of one year
extending from July 1st through June 30th of the following year. The fee schedule for this,
type license is set by resolution of the City Council.
Exempt from the double fee penalty provisions are premises where dogs are kept,
harbored or maintained for the sole purpose of raising, training, and providing guide dogs
to the blind, deaf or other physically disabled persons. A nonprofit dog adopuon agency
will likewise be exempt from this penalty. However, a special fee-exempt commercial ken-
nel license is provided for and required for such nonprofit adoption agencies as well as
those persons raising and selling dogs for the physically disabled. All dogs shall be cur-
rently individually licensed in accordance with the provisions of Article 7 of this Chapter.
The Finance Department shall issue to such owner without additional charge in-
dividual license tags for each of the dogs covered by the kennel license and, during the
term of that license, shall upon written application, issue to such owner without charge ad-
ditional license tags for any additional dogs that come into the possession of the owner
within that license year.
(A) Application for License.
The application for above-mentioned licenses shall be in writing on a form approved
by the Finance Department. The applicant shall furnish a list of the types of animals to be
maintained or used for any purpose, together with the approximate number of animals of
each type.
(B) Regulations and Standards.
The City Council may establish by resolution regulations and standards relating to:
(1) The maximum number and species of animals to be kept or maintained
on the premises;
(2) The construction, sanitation and maintenance of the facility;
(3) Any other regulations and standards in conformity with and for the pur-
poses of carrying out the intent of this Section. Compliance with such rules and regulations
shall be prerequisite to the issuance and continued validity of any license provided pur-
suant to this section.
The licensee shall maintain a record of the names and addresses of persons from
whom animals are received and to whom the animals are sold, traded or given. This shall
be available to the City upon request.
(C) Inspection.
The City shall have the authority to inspect any facility for which a noncommercial
residential kennel or commercial kennel license is to be issued or renewed for the purpose
of determining inhumane treatment of animals and/or violations of State and local health
and sanitation laws.
(D) Conditions Relating to Animal Facilities and Care.
(1) Structural Strength. Housing facilities for animals shall be structurally
sound and shall be maintained in good repair, to protect the animals from injury, to contaih
the animals, and to restrict the entrance of other animals.
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(2) All animals shall be supplied with sufficient good and wholesome food
and water as often as the feeding habits of the respective animals require.
(3) All animals shall be maintained in a clean and sanitary condition.
(4) All animals shall be so maintained as to eliminate excessive and
nighttime noise.
(5) No animals shall be without attention more than 18 consecutive hours.
Whenever an animal is left unattended at a commercial animal facility, the telephone .num-
ber of Animal Control or the name, address and telephone number of the person in charge
of the facility shall be posted in a conspicuous place at the front of the property.
(6) Every reasonable precaution shall be used to insure that animals are not
teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any
person or means.
(7) No condition shall be maintained or permitted that is or could be in-
jurious to the animals.
(8) Animal buildings and enclosures shall be so constructed and maintained
as to prevent escape of animals. All reasonable precautions shall be taken to protect the
public from the animals and the animals from the public.
(9) Every animal establishment shall isolate sick animals sufficiently so as
not to endanger the health of other animals.
(10) Every building or enclosure wherein animals are maintained shall be
constructed of material easily cleaned and shall be kept in a sanitary condition. The build-
ing shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling
are to be provided as may be required, according to the physical need of the animals, with
sufficient light to allow observation of animals and sanitation.
(11) Licensees shall take any animals to a veterinarian for examination or
treatment if Animal Control or other enforcement agencies finds this necessary in order to
maintain the health of the animal and orders the owner or custodian to do so.
(12) All animal rooms, cages, kennels and runs shall be of sufficient size to
provide adequate and proper accommodations for the animals.
(13) Every violation of an applicable regulation shall be corrected when
specified by Animal Control or other enforcement agencies.
(14) Licensees shall provide proper shelter and protection from the weather
at all times.
(15) Licensees shall not give any animal any alcoholic beverage, unless
prescribed by a veterinarian.
(16) Licensees shall not allow animals which are natural enemies, tem-
peramentally unsuited, or otherwise incompatible, to be quartered together or so near each
other as to cause injury, or torment.
If two (2) or more animals are so trained that they can be placed together and do
not attack each other or perform or attempt any hostile act to the others, such animals shall
not be deemed to be natural enemies.
(17) Licensees shall not allow the use of any equipment, device, substance or
material that is injurious or causes pain or cruelty to any animal.
(18) Licensees shall give working animals proper rest periods. Confined or
restrained animals shall be given exercise proper for the individual animal under the par-
ticular conditions.
(19) Licensees shall not work, use, or rent any animal which is overheated,
weakened, exhausted, sick, injured, diseased, lame, or otherwise unfit.
(20) Licensees shall not display animals bearing evidence of malnutrition, ill
health, unhealed injury, or having been kept in an unsanitary condition.
(21) Licensees shall not display any animal whose appearance is or may be
offensive or contrary to public decency.
(22) Licensees shall not allow any animal to constitute or cause a hazard or
be a menace to the health, peace or safety of the community.
(E) Nothing contained in this section shall be construed to permit a commercial or
noncomemrcial kennel where such use is not allowed by applicable zoning laws.
Sec. 4162 Dangerous Animals.
(A) Permit Required.
No person shall keep, have, maintain, sell, trade, or let for hire a dangerous animal
without first obtaining a permit from Animal Control. The application for a permit, permit
conditions, inspection, denial, revocation, and appeal shall be the same as set forth m Sec-
tions 4161 to 4163 inclusive of this Article.
A permit shall be required of any private zoo, private university, private college, or
private research agency, or other bona fide private scientific or public health research in-
stitution. For the purposes of this section, a zoo shall be considered any private organiza-
tion which exhibits animals to the general public at regular specified hours, equaling at
least 30 hours a week for 36 weeks a year, and whose animals, whether maintained for ex-
hibit purposes or not, are not for sale to private individuals.
(B) Permit Denial.
Animal Control may deny or revoke a permit to keep or maintain any dangerous
animal when, in their opinion:
(1) Any such animal may not be kept or maintained without endangering the
safety of any person(s) or property;
(2) The keeping of the animal would constitute a public nuisance; or
(3) The animal would be subject to suffering, neglect, cruelty, or abuse.
Animal Control, in its discretion, may require any such animal to be properly caged,
tethered, or restrained in zoo type facilities that meet or exceed standards established in
State guidelines issued under the provisions of Section 671 of Title 14 of the California
Administrative Code and Federal standards issued under Chapter 1 of Title 9 of the Code
of Federal Regulations. Nothing in this section shall be construed to permit the keeping of
dangerous animals where zoning provisions or State law would prohibit such keeping.
(C) Permit Fee.
The fee for a permit to keep or maintain one or more dangerous animals shall be
set forth by resolution of the City COuncil.
Sec. 4163 Denial, Cancellation or Revocation of a License or Permit.
(A) General Provisions.
The Health Department or the Division of Animal Control may deny, revoke or
cancel any permit or license issued pursuant to this Chapter in the following situations:
(1) Whenever it is determined by inspection that any animal facility fails to
meet any of the sanitary or health conditions or standards or any other requirements of any
permit, license, this Chapter, or applicable State law.
(2) Whenever there is reason to believe that the applicant or permit holder
has willfully withheld or falsified any information required for the permit or license.
(3) If the applicant or permit holder has been convicted by a court of law of
two (2) or more violations in a twelve (12) month period of this Chapter or State laws relat-
ing to animals, or has been convicted of cruelty to animals in this or any other state within
the previous five (5) years. For purposes of this section, a bail forfeiture shall be deemed
to be a conviction of the offense charged.
(B) Appeal Provisions.
A denial, cancellation or revocation of a kennel license or permit shall become ef-
fective ten (10) days after written notice has been served in person or by certified mail by
the issuing officer stating the grounds for such action. The grounds may include defective
conditions or violations found to exist. The notice shall be served on the person owning,
managing, or operating the kennel. The aggrieved applicant, licenseee or permittee has
the right to an administrative hearing and review of this action. The aggrieved party must
request the hearing by filing with the Division of Animal Control a written request for a
hearing which states the reasons for appeal. The appeal shall be conducted by the City
Manager or a hearing officer or officers designated by the City Manager to hear and decide
the appeal within five (5) business days of receipt of said notice.
The appeal notice of a license or permit denial, cancellation or revocation shall be
in a form as provided by the Finance Department and shall be filed with the Division of
Animal Control.
467
468
If an administrative hearing is requested, Animal Control shall immediately set a
time, date, and place for a hearing on said matter before the City Manager or his or her
designeee. Said hearing shall be held not later than ten (10) days after the filing of the
Notice of Appeal. Notice of the such hearing shall be given to the appellant in writing at
the address shown in the Notice of Appeal.
At the time, date and place set for said hearing, the City Manager or his or her
designee shall hold a hearing on the appeal. The aggrieved licensee, permittee or
petitioner may appear in person and testify as to any matters relevant to the proceedings.
The Health Department or the Division of Animal Control shall present all evidence, oral
and documentary, justifying license or permit denial, cancellation or revocation. Technical
rules of evidence shall not apply to said proceedings, and the City Manager or his or her
designee may hear and consider any evidence it deems relevant and upon which reasonable
men would be likely to rely in the consideration of matters of a serious nature. The deci-
sion of the City Manager or his or her designee shall be supported by the weight of the
evidence presented. Upon conclusion of the hearing, the City Manager or his or her
designee shall determine whether to sustain or overrule the license or permit denial, can-
cellation or revocation action of the animal control officer or the Health Department. The
City Manager of his or her designee's decision is final.
If no appeal hearing is requested within the time limits specified, the license or per-
mit denial, cancellation or revocation action shall be final.
Sec. 4164 Penalties Preserved.
The power of the City to deny, cancel or revoke a permit or license does not
diminish or otherwise limit the power of the City to enforce violations of this Chapter and
State law by applying infraction, misdemeanor or felony penalties as may be appropriate.
Sec. 4165 Fees.
All license and permit fees, transfer fees, inspection fees, late charges and other
costs and charges which are authorized herein shall be set by Resolution of the City Coun-
cil.
ARTICLE 8. RABIES CONTROL
Sec. 4170 Authority and Purpose
For the purpose of the preservation of public health, safety, and welfare in connec-
tion with the protection of human beings from rabies, the following Article is enacted.
Pursuant to Section 1906 of the California Health and Safety Code, all Health
Department personnel and peace officers shall carry out the provisions of this chapter per-
taining to rabies control.
The Division of Animal Control is empowered and authorized to assist, cooperate
and enforce this article.
Any peace officer, including properly designated contract agency or animal control
officials, or public health official shall have the right to examine and enter upon all private
premises as provided for in Health and Safety Code Section 1908 for the enforcement of
this Chapter as the same now exists or may subsequently be amended.
Sec. 4171 Administrative Control
(A) Harboring Unvaccinated Dogs.
No person shall own or harbor any dog after such dog attains the age of four (4)
months whmh has not been vaccinated by a duly licensed veterinarian.
(B) Certificate of Vaccination.
After vaccinating any dog, the veterinarian performing such vaccination shall sign a
certificate in triplicate containing the following information.
(1) The name and address of the owner or harborer of the vaccinated dog.
(2) The date of expiration of the vaccination.
(3) The breed, color, sex and approximate size.
The Finance Department or the Division of Animal Control shall not issue license
tags for any.dog until it has been vaccinated with an antirabies vaccine by a licensed
veterinarian ~n a manner approved by the County ltealth Officer. The owner of such dog
shall exhibit to the Finance Department or the Division of Animal Control or the City a
certificate of vaccination on the form provided by the l-lealth Officer.
Every licensed veterinarian practicing veterinary medicine within the City of Ukiah
shall submit to the Division of Animal Control or the City one (1) copy of each rabies vac-
cination certificate issued. Copies of all certificates issued shall be submitted on a quar-
terly basis.
The Division of Animal Control shall retain and file its copy of the certificate for a
period of no less than three (3) years.
When a certificate of rabies vaccination is issued for the purpose of issuing a dog
license, the vaccination must be valid for the entire licensing period. :
(C) Exemption from Rabies Vaccination.
Any dog may be exempted from antirabies vaccination during an illness or when the
dog is not in physical condition to be vaccinated and the antirabies vaccination would be
detrimental for a physiological reason to such dog's health if a licensed veterinarian has ex-
amined the dog and certified in writing within five (5) days of examination that such vac-
cination should be postponed because of a specified illness. Old age, debility, and preg-
nancy will not exempt a dog from rabies vaccination. Exemption statements shall be vahd
only for the duration of the illness. The temporary exemption from vaccination does not
exempt a dog from the licensing requirements once its physical condition permits.
(D) Evidence of Vaccination
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
therein on the date indicated on said certificate.
(E) False Representation of Certification
No person shall represent that any vaccination certificate in his possession or under
his control was issued as a result of the vaccination of any dog other than the dog that was
in fact vaccinated.
(F) Stolen Certificate.
No person shall make use of or have in his possession or under his control a stolen,
counterfeit or forged vaccination certificate.
(G) Presentation of Certificate on Demand.
No person who owns or harbors any dog shall fail or refuse to exhibit the certificate
required herein upon demand of the Health Officer, any Public Health Sanitarian, peace
officer, or animal control officer.
(H) Time Limit for Vaccination
Any person who owns or harbors any dog which has been brought into the City of
Ukiah shall, in the event such a dog has not been vaccinated as provided herein, have a
period of ten (10) days from and after the arrival of such dog into the City of Ukiah within
which to comply with this Chapter.
(I) Reporting of Bites.
It shall be the duty of any person having knowledge that any dog or other mammal
has or is suspected of having bitten any human being, or other mammal, or in all cases of
mammal bites treated by a physician to immediately report such occurrence or fact to the
County Health Officer or to the Division of Animal Control and to furnish complete infor-
mation regarding the incident.
The report shall state the name and address, and age and sex of the person bitten,
and/or description of the mammal bitten, if any, location and extent of bite wound, address
or location where such attack occurred, and any other specific information relating to the
biting animal or the biting incident so requested by the Health Department or the Division
of Animal Control and/or animal control officer. A copy of the report shall be forwarded
by the Division of Animal Control and/or animal control officer to the County Health
Department within 72 hours.
469
In the event that the animal officer secures information of the existence of any case
of rabies or other animal diseases dangerous to human beings, he/she shall immediately
report same to the Health Officer. The owner of any mammal which has or is suspected of
having bitten any person or other mammal with the preceding ten (10) days for dogs and
cats, and fourteen (14) days for all other mammals, shall immediately, upon demand, sur-
render such mammal to the Health Officer, peace officer, or animal control officer for pur-
poses of quarantine or confinement pursuant to Section 4172.
4 7 0 Se~. 4172 Quarantine.
No persons shall refuse to obey the conditions of a lawfully imposed quarantine and
no dog which has been held under quarantine shall be released without having been
properly vaccinated and licensed.
Once an area has been declared a rabies area, during the period for which quaran-
tine order is in force, any officer may kill or in his discretion, capture and hold for further
action by the Health Department any mammal in a quarantine area, found on public high-
ways, lands and streets, or not held in restraint on private premises as specified in this Sec-
tion. The Health Department should be notified within 24 hours.
Norwithstanding any other provisions of this Article, a guide dog serving a blind
master shall not be quarantined, in the absence of evidence that the dog has been exposed
to rabies, unless its master fails:
(1) To keep the dog safely confined to the premises of the master; and
(2) To keep the dog available for examination at all reasonable times.
Notwithstanding any other provisions of this Article, a dog used by any state, county,
city, or county law enforcement agency, shall not be quarantined after biting any person
when such bite occurred while the dog was being used for any law enforcement purpose.
After the particular assignment, the dog shall be quarantined for a period not to exceed ten
(10) days from date of bite. The law enforcement agency shall make the dog available for
examination at any reasonable time. The law enforcement agency shall notify the local
health officer if the dog exhibits any abnormal behavior.
Sec. 4173 Epidemics.
Either the Health Officer or the County Veterinarian may determine and declare
that an epidemic of other unusually dangerous health situation exists among animals in the
City. Upon the making of such a declaration the Health Officer or the County
Veterinarian shall prepare and promulgate, with the approval of the City Council, such
rules and regulations as are necessary for the conduct or all persons within the area where
the dangerous condition exists. These rules and regulations may include but are not
limited to, quarantine, vaccination, and or destruction of diseased, exposed or stray animals
by humane methods. It shall be the duty of the Division of Animal Control, the County
Veterinarian, and the Health Officer to cooperate in the enforcement of such rules and
regulations.
Notwithstanding the provisions of this Chapter, the provisions of the Health and
Safety Code and Administration Code of the State relating to rabies shall prevail when
such provisions are more stringent than those provided in this article.
Sec. 4174 Penalty.
It is unlawful and a misdemeanor for any person having control, custody or posses-
sion of the mammal, whether or not that person is the owner of the mammal, to fail to sur-
render such mammal to the Health Officer, peace officer, or animal control officer upon
demand, to in any way hinder, interfere with or delay the officer's designated herein with
the enforcement of this Article, or to violate any requirement of this Article, unless a dif-
ferent penalty is provided for failure to comply with a specific requirement or prohibition.
ARTICLE 9. IMPOUNDMENT
Sec. 4180 Voluntary Surrender of Animal: Not Impounded
Any animal or dog which is voluntarily surrendered by its owner or person in control
of such animal to the Division of Animal Control for the purpose of euthanasia or adoption
or. s.elling such animals shall not be deemed to be impounded and need not be kept for any
m~mmum period of time as otherwise specified in this Chapter.
Sec. 4181 Persons Authorized to Impound Animals.
(A) Impoundment by Public Officers.
Any animal control officer or peace officer may impound any animal when the of-
ricer deems it necessary in the interest of public health and safety or to prevent needless
suffering of any animal.
(B) Citizen Impoundment.
471
Any person who finds any animal which has estrayed or is running at l.arge upon
their property or any public place in violation of this Chapter, may take possession of and
hold the same; provided, however, that the person shall be obligated to notify the Division
of Animal Control within twenty-four (24) hours of securing possession or control of the
animal and give the Division of Animal Control complete information regarding the im-
poundment and shall surrender the animal to the animal control officer upon demand. The
taker-up shall provide adequate, safe and proper care to the animal in conformance with
the provisions of Penal Code Sections 597, 597a, 597e and 597f.
The taker-up of a stray dog, if said person retains the dog in his possession, shall
publish a Notice ot Possession of such dog in a local newspaper or post such notice in a
conspicuous place to which the public has access for a period of ten (10) days. An an-
nouncement on radio or television for the same period of time may be substituted for the
publishing or posting requirement. The notice shall describe the animal found as to breed,
size, color, sex and any other identifying marks or license and shall state the date and place
where it was taken-up, where currently confined and in whose possession. The taker-up of
such stray dog may have a lien for all reasonable expenses which are incurred in taking-up,
keeping and caring for it and the cost of publication required by this section.
Failure to comply with the foregoing requirements constitutes a misdemeanor.
Sec. 4182 Impoundment of Dogs Running at Large.
An animal control officer shall not seize or impound a dog for running at large un-
der the provisions of this Chapter when the dog has not strayed from and is upon the
private property of the dog owner or the person who has a right to control the dog, or upon
private property to which the dog owner or person who has a right to control the dog has a
right of possession, nor shall the animal control officer seize or impound a dog which has
strayed from, but then returned to the private property of his/her owner or the person who
has a right to control the dog, but in such a case, a citation may be issued; provided,
however, that if the owner or person who has a right to control the dog is not at home, the
dog may be impounded, but the officer shall post a notice of such impoundment on the
front door of the residence of the owner or person who has a right to control the dog. The
notice shall state the following: that the dog has been impounded, where the dog is being
held, the name, address, and telephone number of the agency or person to be contacted
regarding the release of the dog, and an indication of the ultimate disposition of the dog, if
no action to regain it is taken within a specified period of time by its owner or by the per-
son who has a right to control the dog.
This section shall not be construed as prohibiting any person from killing a dog in
the situation authorized by Food and Agricultural Code Section 31102, 31104, 31152.
Sec. 4183 Summary Seizure and Post Seizure Hearing.
An animal control officer may seize and impound an animal for violation of any
provision of this ordinance or State law prior to a hearing in any of the following situations
where the owner is not present and where the officer believes it is necessary:
(1) To protect public health, safety and property;
and
public
(2) To protect an animal which is injured, sick, or starving and must be cared for;
(3) To protect an animal from injury which has strayed into public property or
right of way.
(4) Even when the Owner is present where the animal has bitten a human being
and the officer reasonably believes that the owner will remove the animal from the City
before it has been quaranteened as provided in Section 4171 and 4172. The animal control
officer may quaranteen the animal as provided in said sections.
If the owner or person who has the right to control the animal wishes to challenge
the impoundment, he/she shall personally deliver or mail a written request for a hearing,
such that it is received by Animal Control within seventy-two (72) hours of the seizure and
impoundment.
Animal Control upon receipt of a Notice of Appeal, shall immediately set a time,
date and place for a hearing on said matter before the City Manager or a person or persons
disignated by the City Manager to hear and decide such appeals. Said hearing shall be held
not less than five, nor more than ten days after the filing of the Notice of Appeal. Notice of
such hearing shall immediately be given to the owner at the address shown in the Notice of
Appeal. During the pendency of any appeal from an order of impoundment or abatement,
the animal impounded may be maintained in the City impound facility or other approved
facilities.
The hearing shall be conducted as set forth in Section 4185 of the Article.
472
Sec. 4184 Hearing Prior to Animal Deprivation.
Except as provided in Section 4182 of this Article, a peace officer, agents of the
Department of Public Health and the Division of Animal Control may not seize or im-
pound any animal, unless an appeal hearing is held as set forth in Section 4185 of this Ar-
ticle.
If the owner or person who has a right to control an animal refuses to consent to an
impoundment of his/her animal, the animal control officer may issue a notice commanding
the person to appear at a specified time before the City Manager or a person or. persons
designated by the City Manager to hear and decide such appeals.
Sec. 4185 Appeal Hearing.
At the time, date and place set for said hearing, the City Manager or designated
hearing officer(s) shall hold a hearing at which time the aggrieved owner of the subject
animal may appear and testify as to any matters relevant to the proceedings. The animal
control officer, County Health Officer, or Police Officer shall present all evidence, oral and
documentary, justifying said order of seizure and impoundment or abatement. Each party
may be represented and may call such witnesses as shall be necessary to present testimony
on matters relevant to the hearing. Technical rules of evidence shall not apply to said
proceedings, and the City Manager or designated hearing officer may hear and consider
any evidence he or she deems relevant and upon which reasonable people would be likely
to rely in the consideration of matters of a serious nature. The decision of the City
Manager shall be supported by the weight of evidence.
Upon conclusion of the hearing, the City Manager or the person designated to hear
the matter shall determine whether to sustain or overrule the animal control officer, Health
Department or Police Department's order of seizure and impoundment or abatement.
If the order of seizure and impoundment or abatement is not appealed or, if such
order is sustained after a hearing, the animal seized shall not be released to the owner until
the owner pays all fees, charges or costs of the impounding and care for such animal, and
said animal owner signs a written promise to control said animal and to prevent said animal
from trespassing, howling, barking or making other noises, or causing damage to property,
or being vicious or demonstrating that it is potentially vicious or in any manner causing a
public nuisance. If all fees, charges, fines, and penalties are not paid or the written promise
to abate is not filed with five (5) days of the date that said order of abatement becomes
final, the animal impounded shall be placed in a suitable home or humanely destroyed by
the impounding agency.
If any seizure and impoundment or order of abatement is overruled by the City
Manager or designated hearing officer, the animal impounded shall be released forthwith
and the City shall bear all costs and expenses of such impoundment. Nothing in this Sec-
tion shall be deemed to exempt any owner from any fines or penalties imposed by failure to
have such animal duly and properly licensed or registered.
In the event any animal owner(s) is ordered to abate a nuisance and as a result of
that order of abatement, said owner fails to take appropriate action which results in the
animal constituting such nuisance being impounded and placed in a suitable home or
humanely destroyed by the impounding agency, the City Manager or designated hearing of-
ricer may, if a kennel owner is at fault, order that no further kennel license or permit be
issued to such kennel licensee or pursuant to this Chapter for any such period of time, not
to exceed one year, as he, she, or they may determine.
Sec. 4186 Failure to Appeal Impoundment
Any person who fails to appeal any seizure or impoundment or order of abatement
by the animal control officer, the Department of Health or the Police Department or their
authorized agents will forfeit all rights of ownership and control of the animal to the Divi-
sion of Animal Control. Final disposition of the animal shall be determined by the agency
in accordance with the provisions of this Chapter and State law.
(A) Redemption.
Upon proper identification to the Division of Animal Control as the true owner or
other person entitled to custody of an impounded dog, said person may redeem such dog.
The same dog being redeemed from impoundment for a second or third time of-
fense shall be redeemed by none other than its actual owner.
No dog shall be redeemed without a valid rabies vaccination certificate, current
valid dog license, payment of the fees or charges for impoundment, board and care, or
veterinary services rendered.
No large domestic animal shall be redeemed without payment of fees or charges to
cover impoundment, capture, or hauling and other expenses incurred in taking-up the
animal.
The amount of such fees and charges shall be set by resolution of the City Council.
Any animal or dog impounded by an animal control officer or peace officer into his
patrol vehicle prior to being impounded at the animal shelter for reasons of violations of
this Chapter, or for the health and safety of the animal, may be released to its owner, or the
person entitled to custody upon proper identification by the animal control officer at
his/her discretion. However, a Notice of Warning or Citation may be issued to the owner
or other person entitled to custody. It is a misdemeanor for any person to remove any
animal from the custody of the impounding officer without the express permission of the
officer.
(B) Adoption/Sale.
All dogs and cats adopted or sold from the City Animal Control Shelter shall be
spayed or neutered within thirty (30) days of adoption or sale. An amount to cover the cost
of spaying or neutering shall be deposited with the Division of Animal Control at the time
.the animal is obtained. This deposit will be returned when evidence that the animal has
been spayed or neutered by a licensed veterinarian is presented. The amount of the
deposit shall be set by resolution by the City Council. For animals too young to be spayed
or neutered a period of time recommended by a veterinarian will be allowed, but in no
case, over ten (10) months of age. Failure to comply will forfeit the deposit. Fees for
adoption are set forth by resolution of the City Council.
Ail dogs and cats adopted or sold from non-profit fee-exempt kennels shall be
neutered or spayed within thirty (30) days of adoption or sale. For animals too young to be
spayed or neutered, a period of time recommended by a veterinarian will be allowed, but in
no case over ten (10) months of age.
It is a misdemeanor for any person to give false or misleading information to the
Division of Animal Control in the adoption of an animal that has been impounded for
violation of this Chapter in order to avoid impoundment, boarding care fees or penalties
for such violations, if it should be established the adoptee is, in fact, the true owner of the
animal being adopted.
As a condition of adoption, the adoptee shall sign a notice agreeing to the provision
for adoption that any person adopting any dog or cat from the Animal Shelter who fails to
provide proper and adequate care in accordance with the Penal Code Section 597(a)
through (t), repeatedly allows the dog to be at large, or fails to obtain required vaccination
and license in the case of dogs, or fails to spay or neuter the dog or cat as required, or said
animal becomes a nuisance and is in three (3) repeated violations of this Chapter, shall be
prohibited from any further adoption of animals from any Animal Shelter. In addition, said
animal shall be taken-up and impounded and not returned to the adoptee. Said adoptee
shall forthwith forfeit any right or title to said animal which will then become the property
of the City. Adoptee may be subject to any fees, charges, penalties or citations.
Sec. 4187 Disposition of Impounded Animals.
No dog may be disposed of until seventy-two (72) hours have elapsed from the time
of impoundment, exclusive of the days of impoundment that the impoundment facility is
closed, Saturdays, Sundays and holidays.
No stray cat which has been impounded by a public pound, society for the preven-
tion of cruelty to animals, shelter, or humane shelter shall be disposed of before seventy-
two (72) hours have elapsed from the time of capture of the stray cat, exclusive of the days
of that the impoundment facility is closed, Saturdays, Sundays and Holidays.
This section shall not apply to cats which are severely injured or seriously ill, or to
newborn cats unable to feed themselves.
The Division of Animal Control may retain any dog, cat or animal under a protec-
tive custody hold beyond the seventy-two (72) hour period at no charge to the owner.
In lieu of destruction, any dog or cat, at the discretion of the Division of Animal
Control, may be released without charge to any humane organization that proves an animal
adoption service providing such release or adoption is not in conflict with any provision of~
this Chapter. Any dog or cat may be returned to the Division of Animal Control without
charge should such agency be unable to provide adoption for said animal.
ARTICLE 10. ANIMAL CARCASSES.
Sec. 4190 Declaration as Public Nuisance.
Animal carcasses, because they are offensive to the senses and a source of disease,
are hereby declared to be a public nuisance and a threat to public health and welfare of the
citizens of the City of Ukiah. All provisions of State law regarding animal carcass removal
and control are hereby reaffirmed, including but not limited to l)enal Code Section 374d,
and Health and Safety Code Sections 4450, 4451, and 4452.
473
474
Sec. 4191 Abatement.
The public nuisance created by an animal carcass may be abated in any of the fol-
lowing ways:
(1) By burial under at least three (3) feet of earth or by removal to a disposal
facility duly appointed by the City of Ukiah.
cass.
(2) By requesting the Division of Animal Control to remove and dispose of the car-
:
Sec. 4192 Fees for City Abatement.
The costs of removal and of disposal of an animal carcass by the responding agency
shall be established by a fee schedule adopted by resolution of the City Council.
Sec. 4193 Assessment of Abatement Fees.
The fee for removal or disposal by the City of a carcass or a domesticated animal
shall be assessed and charged to the owner of said domesticated animal. The fee for
removal or disposal by the City of a wild animal carcass whose owner is not known or can-
not be ascertained, shall be assessed and charged to any City fund appropriately designated
by the City Council.
SECTION THREE.
This Ordinance shall be published as required by law and, except as otherwise
specifically provided herein, shall become effective 30 days after its adoption.
Sections 4160, requiring dog licenses, 4161, requiring kennel licenses, 4162, requir-
ing licenses for dangerous animals, and section 4163, prescribing rules for denial, cancella-
tion or revocation of licenses shall not become effective until the City Council adopts a
resolution declaring those sections effective in the City of Ukiah. Until said resolution is
adopted by the City Council and published as provided in Government Code section 6061,
the provisions of Mendocino County Code, Chapter 10.12, including sections 10.12.010,
requiring do~ licenses, section 10.12.020, requiring kennel licenses, section 10.12.30, requir-
ing licenses ~or dangerous animals and section 10.12.040, prescribing rules for cancellation,
denial or revocation of licenses, shall continue to apply in the City of Ukiah.
Until said resolution is adopted and published as provided herein, persons who own
or possess dogs or dangerous animals and kennel owners and operators shall continue to
apply to Mendocino County for required licenses and permits as provided in Mendocino
County Code, Chapter 10.12.
Introduced by title only on November 6 ,1991, by the following roll call vote:
AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter
Vice-Mayor Henderson
NOES: None
ABSENT: None
Adopted by title only on December 4
,1991, by the following roll call vote:
AYES:
NOES:
Councilmembers McMichael,
and Mayor Henderson
None
ABSENT: None
Wattenburger, Shoemaker, Schneiter
or Colleen B. Henderson
and