7.04.010   STATE PROVISIONS - ADOPTION BY REFERENCE.

Pursuant to Cal. Food and Agricultural Code § 30501, the city requests that Cal. Food and Agricultural Code §§ 30801, 30802, 30803, 30804, 30805, 30952, 31105, 31106, 31107, 31152, 31153, 31251, 31252 and 31254 apply within the confines of the City in conformity with Mendocino County Ordinance No. 3332, adopted in 1981, as amended. ( Ord. 516 §2, passed -- 1979; Am. Ord. 640 §1, passed -- 1985)

7.04.020   COUNTY PROVISIONS ADOPTED BY REFERENCE - CITATION REFERENCE.

Consistent with Section 4150 the following sections of the Mendocino County Code, respecting animal control, including penalty provisions, are declared to apply within the City limits of the City and to be enforceable within said limits by duly authorized county officers and employees: 10.04.040, 10.04.050, 10.04.060, 10.08.010, 10.08.020, 10.08.030, 10.08.040, 10.08.050, 10.12.010, 10.12.040, 10.12.050, 10.12.060, 10.16.010, 10.16.030, 10.16.040, 10.16.050, 10.16.060, 10.24.020, 10.24.030, 10.24.040, 10.24.050, 10.24.060, 10.24.070, 10.24.080, 10.24.090(A) and 10.24.090(B). If peace officers or other personnel of the City enforce any of these provisions of the Mendocino County Code, they shall reference the appropriate county code sections in any citation issued in the enforcement thereof. (Ord. 516 §3, passed -- 1979; Am. Ord. 640 §2, passed -- 1985)

7.04.030   ANIMAL CONTROL OFFICER.

In addition to those definitions contained in Mendocino County Code § 10.04.060, the term "Animal Control Officer" includes every sworn officer of the City with the authority and immunity of a public officer as defined in Cal. Penal Code § 836.5 and whose appointment and responsibilities conform to the terms of Cal. Corporations Code §14502. (Ord. 516 §4, passed -- 1979; Am. Ord. 640 §4, passed -- 1985)

7.04.050   ARREST AND CITATION PROCEDURE.

In any case in which a person is arrested pursuant to the ordinance codified in this chapter, and the person arrested does not demand to be taken before a magistrate, the Animal Control Officer making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Cal. Penal Code Part 2, Title 3, Chapter 5C (commencing with § 853.6).  The provisions of Cal. Penal Code Shapter 5C shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear pursuant to this authority. (Ord. 516 §6, passed -- 1979)

7.04.060   VIOLATION - PENALTY.

Violations of this title and Mendocino County Code Chapter 10.08, as adopted by reference, are declared to be infractions, and upon conviction thereof shall be punishable as provided in Chapter 1.12.  (Ord. 874 §16, passed 8-25-2008)

7.12.010   KEEPING UNLICENSED DOG.

No person may keep an unlicensed dog in the City, or permit or allow an unlicensed dog to remain on any premises under his or her control, contrary to the provisions of this chapter. (Ord. 513 §14, passed -- 1979.)

7.12.020   VACCINATION OF DOGS.

Every owner of a dog over four (4) months of age shall have the dog vaccinated with a rabies vaccine approved by the State of California and administered by a veterinarian. Re-vaccination shall be done after one (1) year if the vaccination was with tissue pheolized vaccine or after two (2) years if the prior vaccination was with chick embryo vaccine. (Ord. 513 §9, passed -- 1979)

7.12.030   VACCINATION AS CONDITION OF LICENSE.

Before a license may be issued, the owner must show proof that the dog has been vaccinated with anti-rabies vaccine, as provided in § 7.12.020, sufficiently recent to provide protection against rabies for the duration of the license period. (Ord. 513 §11, passed -- 1979)

7.12.040   METAL TAG.

With each dog license, the County of Mendocino shall issue a metal tag bearing an identifying number and the words "Mendocino County Dog License." The owner of each dog for which a metal tag is issued shall be responsible for keeping the tag on the dog at all times. (Ord. 513 §13, passed -- 1979)

7.12.050   LICENSE TAX.

A dog license tax as set and collected by the County of Mendocino shall be paid to the County of Mendocino. The owner of a dog shall be personally liable for the tax to the County of Mendocino. (Ord. 513 §10, passed -- 1979)

7.12.060   LICENSE ISSUANCE.

On receipt of the license tax and a certificate of vaccination by a veterinarian, the County of Mendocino shall issue a license stating the name, residence, mailing address and telephone number of the person to whom the license issued, the amount paid, the date of issuance and expiration, the date of expiration of the vaccination and the description of the dog for which the license is issued, together with the number of the metallic license tag. (Ord. 513 §12, passed -- 1979)

7.16.010   ABANDONED ANIMALS.

No person shall abandon any animal in the City. (Ord. 513 §26, passed -- 1979)

7.16.020   STRAY DOGS - LEASH LAW.

No person who owns or has control of a dog, other than a working dog which is engaged in the work for which it is trained, shall permit the dog to become a stray, as defined in § 7.08.080. (Ord. 513 §15, passed -- 1979)

7.16.030   STRAY DOGS - CITIZEN IMPOUNDMENT.

Any person who finds a stray dog may take possession of it and hold it. However, within six (6) hours after securing possession, he or she shall notify the Animal Control Officer and surrender the dog to the officer on demand. (Ord. 513 §16, passed -- 1979)

7.16.040   DOGS IN HEAT.

1. No person who owns or has charge of a dog in heat shall permit the dog to be in a street or other public place in the City.
2. No person who owns or has charge of a dog in heat shall permit the dog to be on private property unless the dog is confined within a physical enclosure from which she cannot be reasonably expected to escape.

(Ord. 513 §21, passed -- 1979)

7.16.050   DISTURBANCE BY ANIMALS.

1. No person who owns or has custody of an animal shall permit such animal to utter frequent or long-continued noise which disturbs or annoys a reasonable person who is in close proximity to the location of the animal. A violation of this subsection constitutes an infraction.
2. It is declared to be a public nuisance for any person who owns or has custody of an animal to permit the animal to utter frequent or long-continued noise which disturbs or annoys a reasonable person who is in close proximity to the location of the animals. Frequent or long-continued noise caused by an animal which disturbs or annoys six  (6) or more people occupying six (6) or more separate structures in close proximity to the location of the animal is presumed to be a public nuisance.

(Ord. 513 §27, passed -- 1979)

7.16.060   VICIOUS DOGS.

1. No person who owns or has charge of a vicious dog shall permit the dog to be on any street or other public place in the City, or on private property unless the dog is confined within a physical enclosure from which it cannot be reasonably expected to escape.
2. The Animal Control Officer shall seize and impound any dog he or she reasonably believes to be a vicious dog. Within a period of not more than five (5) days following the date of seizure, the City Manager or his or her designee shall conduct a hearing to determine if the dog is so vicious as to be a menace to the public health, safety or welfare. The City Manager shall make every reasonable effort to inform the owner of the dog of the date, time and location of the hearing. If, at the conclusion of the hearing, the City Manager concludes that the dog is so vicious as to be a menace, the dog shall be destroyed by the Animal Control Officer. The destruction of any dog determined to be a menace shall take place not less than five (5) days from the date of conclusion of the hearing. If the dog is determined not to be a menace, it shall be released and returned to its owner.

(Ord. 513 §19, passed -- 1979)

7.16.070   DISEASED AND INJURED DOGS.

1. No person who owns or has charge of a dog that is infected with a disease transmissible to a human or that otherwise constitutes a public health hazard may permit the dog to remain within the City, other than in the custody of a duly licensed doctor of veterinary medicine.
2. The Animal Control Officer shall seize and impound any dog he or she reasonably believes is infected with a disease transmissible to a human or that otherwise constitutes a public health hazard. Every reasonable effort shall be made to inform the owner of the dog of its seizure and impoundment.
3. The Animal Control Pfficer shall seize and impound any dog he or she reasonably believes has been seriously injured if the owner of the dog cannot be immediately located by reasonable efforts. Every reasonable effort shall be made to inform the owner after seizure and impoundment.
4. Within 12 hours of the seizure of a diseased or seriously injured dog, the Animal Control Officer shall have the dog examined by a veterinarian. If the veterinarian concludes that the dog constitutes a public health hazard, or that the dog is so seriously injured as to be unlikely to survive, the dog shall be destroyed by the Animal Control Officer.

(Ord. 513 §20, passed -- 1979)

7.16.080   INFECTIOUS DISEASE OUTSIDE THE CITY.

When the County Health Officer determines that an infectious disease exists among dogs in an area and that importation of a dog from the area might spread disease within the City, he or she may refuse to permit the shipment of a dog from that area to the City unless accompanied by a health certificate signed by a licensed doctor of veterinary medicine certifying that the dog for which the certificate is issued is not infected or exposed to an infectious disease. A dog entering the City from that area without such a certificate may be quarantined, confiscated or disposed of by the health officer to eliminate any danger of persons or animals within the City being exposed to infection. (Ord. 513 §25, passed -- 1979)

7.16.090   DUTY TO REPORT DOG BITES.

It is the duty of any person who has knowledge that a dog has bitten a human being within the limits of the City to immediately report that fact to the Animal Control Officer, to the County Health Officer or to the Police Department. (Ord. 513 §23, passed -- 1979)

7.16.100   DISPOSAL OF DEAD DOGS.

When a dog dies in the City, the person who owned or had custody of the dog shall, within 24 hours, provide for the burial, incineration or other disposition of the body of the dog in a safe and sanitary manner. (Ord. 513 §24, passed -- 1979)

7.16.110   CAPTURE OF WILD ANIMALS.

No person, other than the Animal Control Officer acting in the course of his or her employment, shall capture, keep or attempt to domesticate any wild animal. (Ord. 513 §17, passed -- 1979)

7.20.010   AUTHORITY OF ANIMAL CONTROL OFFICER.

1. The Animal Control Officer may enter upon any property pursuant to law to ascertain if any of the provisions of this ordinance or any state law relating to the care, treatment or impound of animals is being violated. The Animal Control Officer may issue citation for the violation of this title or other applicable law.
2. The Animal Control Officer may use a tranquilizer gun and other animal control devices in common use within the state.

(Ord. 513 §2, passed -- 1979)

7.20.020   EXHIBIT OF DOG AND LICENSE ON DEMAND.

Upon the demand made by an Animal Control Officer for a reasonable cause, any person who owns or has control of a dog, or is in possession of the premises on which a dog is located, shall exhibit the dog and its license, if any. The term "reasonable cause" shall include, but not be limited to, a licensing canvass conducted by the City. (Ord. 513 §22, passed -- 1979)

7.20.030   IMPOUNDING STRAYS

1. The Animal Control Officer shall impound all stray dogs or other animals where such impoundment is necessary to protect the personal safety or property rights of the citizens or residents of the City.
2. A dog or other animal shall be deemed to be a safety hazard in the following situations:
   1. It is on a public street, alley or highway and constitutes a danger to motorists;
   2. Has dangerous propensities; or
   3. It is injured, sick or starving.
3. In the situations described in this section the Animal Control Officer shall conduct a reasonable investigation to locate the owner or person entitled to possession of the dog or other animal for the purpose of giving him or her the opportunity of recapturing the animal or of caring for the animal. If the owner or other person entitled to possession cannot be located the dog or other animal shall be impounded. A post-impoundment hearing shall be held as provided by subsection B of § 7.16.060. Return of notice shall be as specified by § 7.20.060. Return of possession of the dog or other animal to the owner or person entitled to possession does not relieve such person from citation of this title as an infraction.
4. In situations where a violation of law has occurred but it is not necessary to summarily impound the dog or other animal to protect the safety or property rights of the citizens or residents of the City, a pre-impoundment hearing shall be held before the City Manager or his or her designee to determine whether there is reasonable cause for impoundment. Notice shall be as provided by § 7.20.060.

(Ord. 513 §3, passed -- 1979)

7.20.040   CARE OF ANIMALS - SHELTER DESIGNATED.

The Animal Control Officer shall deliver all impounded animals to the Mendocino County animal shelter. (Ord. 513 §6, passed -- 1979)

7.20.050   RECORD OF IMPOUNDED ANIMALS.

The Animal Control Officer shall keep a record of all animals impounded which shows the date of impoundment, license tag number, brand-ear mark or other markings, the date and manner of disposal and, if redeemed or sold, the name and address of the person by whom redeemed or purchased, the amounts of all fees and other money received or collected. (Ord. 513 §4, passed -- 1979)

7.20.060   DISPOSITION OF IMPOUNDED ANIMALS.

1. When an animal is impounded, the Animal Control Officer shall immediately notify the owner, if known. Notification shall include, but need not be limited to, a mailed notification of impoundment.
2. The mailed notice shall contain a description of the animal and shall set forth the fact that, unless it is reclaimed before the time specified in the notice, which shall be not less than three days or more than ten days from the date of mailing, the Animal Control Officer will dispose of the animal. However, all animals taken into the custody of the Animal Control Officer which, by reason of disease or injury, are determined by a licensed veterinarian to be unfit for further use or too dangerous to be kept impounded, shall be destroyed in a humane manner as soon as is conveniently possible. In these cases, the Animal Control Officer shall make a reasonable effort to provide notice to the owner of the animal before its destruction. The Animal Control Officer shall dispose of any dog which is impounded and unredeemed within the time specified in the mailed notice in a humane manner.

(Ord. 513 §5, passed -- 1979)

7.20.070   FEES FOR IMPOUNDMENT.

The owner who redeems an impounded animal shall pay a fee sufficient to defray the costs of collection and impoundment. However, on request, the owner shall be afforded a hearing before a neutral officer appointed by the City Manager to contest the validity of the impoundment. No fees may be collected if the impoundment is found to have been invalid. (Ord. 513 §7, passed -- 1979)

7.20.080   DISPOSAL OF DEAD ANIMALS.

The Animal Control Officer shall dispose of the body of a dead animal immediately at the request of the person in charge of the body or when he learns that a dead animal has not been disposed of in a sanitary manner. (Ord. 513 §8, passed -- 1979)

7.24.010   DEFINITIONS.

For the purposes of this chapter, the following definions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. 520 §§2,3, passed -- 1979; Am. Ord. 870 §12, passed 8-25-2008)

7.24.020   PERMIT - REQUIRED.

No person shall keep, harbor or maintain livestock within the City limits of the Cty unless such person has been issued a permit to maintain such an animal. This chapter shall not be construed to prevent equestrians within the City limits, provided horses are not stabled within the City limits in excess of 24 hours. (Ord. 520 §4, passed -- 1979)

7.24.030   PERMIT - AUTHORITY - APPLICATION AND FEE - ISSUANCE.

Permits to maintain livestock shall be issued by the City Manager. Application, appeal, and permit fees shall be established by City Council resolution. The application together with the filing fee shall be filed with the City Clerk who shall transmit the application to the City Manager. The City Manager shall, within ten (10) days of the filing of the application, either grant the permit, grant the permit with conditions, or deny the permit. Written notice of his decision shall be sent to the applicant within five (5) days of the City Manager's decision. In deciding whether to issue such a permit, the City Manager shall consider the zoning of the property where the livestock is proposed to be maintained, the size of the lot, the type of livestock, the facilities available to house the livestock, the proximity of neighbors, the likelihood whether or not the livestock will cause a public or private nuisance or health hazard and the duration of the requested permit. No permit shall be issued pursuant to this chapter where the space available for keeping or maintaining one (1) head of livestock is less than one-half acre. (Ord. 520 §5, passed -- 1979)

7.24.040   PERMIT - DURATION - REVOCATION.

No permit shall be issued in excess of one (1) year and may be revoked by the City if it finds, after public hearing, that the livestock is causing a public or private nuisance or is a health hazard. Notice of the public hearing regarding proposed revocation of a permit shall be given as provided by Government Code § 6061 and shall be heard by the City Council. (Ord. 520 §6, passed -- 1979)

7.24.050   PERMIT - APPEAL PROCEDURE.

The decision of the City Manager denying a permit under this chapter may be appealed by the applicant to the City Council within ten (10) days of the date the decision of the City Manager is mailed to the applicant. Upon filing of an appeal in proper form with the required fees, the City Clerk shall set the appeal for the next regularly scheduled City Council meeting. The City Council shall have 60 days from the date the appeal is filed to grant or deny the appeal. If the appeal is successful, the City Council may, by motion, refund the appeal fee to the applicant. The decision of the City Council is final. (Ord. 520 §7, passed -- 1979)

7.24.060   LIABILITY INSURANCE REQUIREMENT.

If, in the opinion of the City Council or the City Manager, the type of animal proposed to be maintained is of such a nature as to render it prudent to have public liability insurance to cover the acts of such livestock, the City Manager and/or the City Council may require proof of adequate public liability insurance for death, personal injury or property damage to be carried by the owner or keeper of such livestock in reasonable amounts as determined by the City Manager and/or the City Council. The City may require the owner or keeper to endorse the City as an additional named insured. (Ord. 520 §8, passed -- 1979)

7.24.070   CHAPTER NOT APPLICABLE TO SMALL DOMESTIC ANIMALS.

This chapter does not apply to rabbits, chickens, birds, hamsters, fish and similar small domestic animals; provided, however, that if such animals cause a nuisance by reason of their numbers, noise or odor, such a nuisance may be cited as an infraction or abated by civil suit. (Ord. 520 §11, passed -- 1979)

7.24.080   VIOLATION - PENALTY.

Violations of this chapter are declared to be infractions. and upon conviction thereof shall be punishable as provided in Chapter 1.12.  (Ord. 874 §17, passed 8-25-2008)

7.24.090   VIOLATION - CITATION ISSUANCE AUTHORITY.

The Animal Control Officer shall have the authority to issue citations for violations of this chapter in the manner set forth in Ordinances 513 and 516, Title 7, of the Fort Bragg Municipal Code. (Ord. 520 §10, passed -- 1979)

7.28.010   CENTRAL BUSINESS DISTRICT DEFINED.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

     CENTRAL BUSINESS DISTRICT.  All streets and portions of streets within the area described as follows: All that area bounded by Main and Franklin Streets between Pine Street on the north and Oak Street on the south; Pine, Laurel, Alder, Oak, Madrone Streets East from the north/south line of Range 17 West shown on the City of Fort Bragg general plan revision 1979 to the east side of McPherson Street and Redwood Avenue East from the north/south line Range 17 West shown on the City of Fort Bragg general plan revision 1979 to the east side of Harrison Street. (Ord. 527 §1, passed -- 1979)

7.28.020   PROHIBITED.

It is unlawful for any person who is the owner, rider, or in control of a horse, pony, mule, burro, or donkey to ride it upon, or permit it to be upon, any sidewalk abutting a public street within the central business district of the City. (Ord. 527 §2, passed -- 1979)

7.28.030   ENFORCEMENT AUTHORIZED.

It shall be the duty of the Animal Control Officer as defined by Ordinance No. 513, codified in Chapters 7.08 through 7.20 of this code, and the City Police Department to enforce this chapter. (Ord. 527 §4, passed -- 1979)

7.28.040   VIOLATION - PENALTY.

Violations of this chapter are declared to be infractions, and upon conviction thereof shall be punishable as provided in Chapter 1.12.  (Ord. 874 §18, passed 8-25-2008)

7.32.010   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.  Except as specifically modified by this chapter, the definitions of Chapter 7.08 of this code shall be applicable to this chapter.
     CAT. All domestic felines.
     DOG. Includes all canines as defined by § 7.08.040.
     KENNEL. An animal facility maintained for the purpose of boarding, breeding, raising, keeping or training four (4) or more dogs or four (4) or more cats or any combination of dogs and cats in excess of four (4) animals over the age of six (6) months, whether such animals are kept for a fee, for sale or for personal use.
     KITTEN.  A cat less than six (6) months of age.
     OWNER. A person who owns a dog or cat or who keeps possession, custody or control over a dog or cat for five (5) or more consecutive days.
     PARCEL OF PROPERTY. A lot within the City limits or a parcel of property designated as an assessor's parcel as shown by the assessment rolls of the county.
     PUPPY. A dog less than six (6) months of age.

(Ord. 569 §§2,3,4,5,6,7,8,9, passed -- 1982)

7.32.020   UNLAWFUL ACTS - EXCEPTIONS.

It is unlawful for any person to keep, own or maintain in excess of four (4) dogs or four (4) cats or any combination of dogs and cats in excess of four (4) animals, excluding puppies and kittens, upon any lot or parcel of property within the City limits in the following zones as defined by Title 18 of this code:

1. Suburban Residential (RS);
2. Low Density Residential (RL);
3. Medium Density Residential (RM);
4. High Density Residential (RH);
5. Very High Density Residential (RVH);
6. Neighborhood Commercial (CN), except for small animal hospitals operating under a conditional use permit as allowed by Section 18.22.030;
7. General Commercial (CG), except for small animal hospitals operating under a conditional use permit as allowed by Section 18.22.030;
8. Planned-Development (PD), except where the PD zone is combined with another zoning designation which would allow a small animal hospital or kennel.

(Ord. 569 §10, passed -- 1982; Am. Ord. 864 §4, passed -- 2007)

7.32.030   SMALL ANIMAL HOSPITALS - WHERE ALLOWED.

Small animal hospitals and kennels shall be allowed in the highway service commercial zone (C-H) and light industrial zone (IL), subject to obtaining a conditional use permit as provided by §§ 18.26.030 and 18.28.030 respectively. (Ord. 569 §11, passed -- 1982)

7.32.040   SMALL ANIMAL HOSPITALS - WHERE PERMIT EXEMPT.

Small animal hospitals and kennels shall be allowed in the heavy industrial zone (IH) without the necessity of securing a conditional use permit. See §18.30.020. (Ord. 569 §12, passed -- 1982)

7.32.050   VIOLATION - CITATION ISSUANCE AUTHORITY.

Each Animal Control Officer as defined by § 7.08.030 shall have the power to issue citations for violations of this chapter as set forth in §§ 7.04.040 and 7.04.050. (Ord. 569 §14, passed -- 1982)

7.32.060   VIOLATION - PENALTY.

Violations of this chapter are infractions, and upon conviction thereof shall be punishable as provided in Chapter 1.12.  (Ord. 874 §19, passed 8-25-2008)