(A) Vaccinations.
(1) General. The owner of any animal in the city shall have the animal vaccinated by a licensed veterinarian against those diseases designated by state, federal and county regulations.
(2) Dogs.
(a) No person shall keep, harbor or maintain any dog over the age of four months within the city limits unless such dog has been vaccinated by a licensed veterinarian with a canine rabies vaccine approved by and in the manner prescribed by the State Department of Public Health. The vaccination shall be administered by a veterinarian or clinics operated by veterinary groups or associations, and a certificate of vaccination shall be obtained by the owner. The certificate of rabies vaccination shall accompany the license application.
(b) No dog need be vaccinated for rabies where a licensed veterinarian has certified that the vaccination would endanger the dog's health and the local health officer endorses on the certificate his or her approval. The certificate must bear the date of issuance and must be renewed each year. Any dog subject to this exemption shall not be allowed off the premises of the owner.
(B) Cage and pen requirements. No person shall keep or maintain any live animal in a cage, coop, hutch, pen, yard or space which is less than three times as large in floor space as the total size of all live animals which may be kept therein, and which is not of sufficient height to permit each animal to stand in a natural erect position. 92.02, shall apply when such provisions are more stringent than the provisions of this section. This section shall not apply to the Animal Shelter nor shall it preclude a veterinarian, any person engaged in showing animals, or an animal groomer from temporarily confining an animal in a smaller container for medical, showing or grooming purposes.
(C) Sanitary enclosures.
(1) Every person keeping any animal shall at all times keep cages, coops, hutches, pens, yards or other enclosures wherein such animal is kept in a clean and sanitary condition, and shall remove excreta and manure there from every day, or as often as is necessary so as not to become a nuisance in the neighborhood or to any person in the neighborhood.
(2) No person shall at any time maintain any lot or other premises, or any portion thereof, in the city, upon which any animal is kept in an unsanitary condition or in such condition as to cause the same to be infested with flies or insects or to create any noxious or offensive odors.
(D) Stray animals. Any person discovering a stray or apparently lost animal shall report the same to an animal regulations officer. Any person who apprehends or picks up a stray or lost animal shall report the same to an animal regulations officer within eight hours thereafter and shall release such animal to an animal regulations officer upon demand. A violation of this section is an infraction.
(E) Diseased or injured animals.
(1) Notwithstanding any provisions of this chapter, an impounded animal which is determined by a licensed veterinarian or an animal regulations officer to constitute a health or safety hazard, shall be destroyed or otherwise disposed of without delay by an animal regulations officer, an authorized Animal Shelter designee or a veterinarian.
(2) An impounded animal which is determined by a licensed veterinarian or an animal regulations officer to be suffering extreme pain due to disease or injury, and where there is no reasonable probability that the animal will recover from its disease or injury, may be destroyed without delay by an animal regulations officer, an authorized Animal Shelter designee or a veterinarian.
(3) Any animal regulations officer, police officer or sheriff's deputy may humanely destroy an animal in the field which is too severely injured to move or where a veterinarian is not readily available, and where it would be more humane to dispose of the animal.
(F) Dogs, cats and other animals to be curbed (Pooper Scoop Law). Should any dog, cat and/or other animal defecate on any public property or on the private property of any person, the person owning or having custody of the animal shall immediately remove the feces from any such place to a site not prohibited by law. A violation of this section is an infraction.
(G) Abandonment of animals prohibited. No person shall abandon any animal with the intention of avoiding the responsibility for its custody and care.
(H) Dumping of animals at the Animal Shelter prohibited. No person shall leave any animal at the Animal Shelter except when an animal regulations officer is available to accept the animal.
(I) Animal care.
(1) No owner shall fail to provide his or her animals with adequate food and water, proper, clean, and sanitary shelter, protection from the weather and veterinary care when needed to prevent suffering. The humane care and treatment of all animals shall be maintained at all times.
(2) Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by a chain or leash, the chain or leash shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured, in such a manner that it will permit the animal's access to adequate shelter, food and water, and in accordance with Cal. Health and Safety Code § 122335.
(J) Animals not to be abused. No person shall beat, cruelly ill-treat, torment, tease, overload, overwork or otherwise abuse an animal, nor cause, instigate or permit any dogfight, cockfight, or combat between animals or animals and humans, excluding police canines, within the city, nor shall any parent allow or permit his or her minor child to so treat any animal.
(K) Killing or butchering of animals. No person may kill or butcher an animal within the city limits except as specifically permitted by the laws of the state, and in compliance with all federal, state and local requirements.
(L) Poisoning animals prohibited. No person shall place, leave or expose, in any place accessible to any animals, with the intent to kill or harm such animals, any poisonous substance or ingredient, or any edible or any other substance or ingredient which has in any manner been treated or prepared with any poisonous substance or ingredient.
(M) Farm animals. Farm animals shall only be kept as permitted by the city's zoning chapter. In addition, no person shall keep, harbor, or possess any farm animal unless the following conditions are satisfied:
(1) All places and premises upon which farm animals are kept shall be open at all times for inspection by city or County of Fresno health inspectors and by any animal regulations officer.
(2) Farm animals shall be confined by a suitable fence. A suitable fence is any fence which is good, strong, substantial and sufficient to prevent the ingress and egress of farm animals.
(N) Animals suspected of having rabies.
(1) Restrictions on the keeping of animals capable of transmitting rabies. It shall be unlawful for any person to own, keep, harbor or possess within the city limits any animal capable of transmitting the rabies virus unless such animal can be properly immunized with a rabies vaccine approved by the State Department of Health.
(2) Quarantine and impoundment. All animals in violation of Cal. Health and Safety Code §§ 121575 et seq. or of the rabies control provisions of this chapter, shall be quarantined or impounded and may be subject to destruction in some humane manner or to other disposition as provided by this chapter.
(3) Notification of quarantine restrictions. An animal regulations officer shall issue a written notice to the owner or person harboring an animal within the city suspected of having rabies, or of having been exposed to rabies, that such animal be quarantined for a period of ten days, or for such period as required by state law. Upon issuance of the notice, the owner or person harboring the animal shall surrender the animal for a supervised quarantine at the Animal Shelter, the costs of which shall be borne by the owner. The animal may be reclaimed by the owner if adjudged free of rabies and upon the payment of board fees as established in the city's Fee Schedule and upon compliance with the licensing provisions of this chapter. At the discretion of an animal regulations officer, such quarantine may be on the premises of the owner. For stray animals whose ownership is not known, such quarantine shall be at the Animal Shelter.
(4) Quarantined animal at large. It shall be unlawful for any person to allow any quarantined animal to run at large or fail to keep the animal quarantined after being so notified.
(5) Quarantine of dogs serving the disabled. Notwithstanding any other provision of this section, a guide dog, service dog, or signal dog as defined in Cal. Civil Code § 54.1 shall not be quarantined in the absence of evidence that he or she has been exposed to rabies unless his or her owner fails:
(a) To keep the dog safely confined to the premises of the owner; or
(b) To keep the dog available for examination at all reasonable times.
(6) Quarantine of dogs used by law enforcement agency. Notwithstanding any other provision of this section, a dog used by any state, county, city, or city and county law enforcement agency shall not be quarantined after biting any person if such bite occurred while the dog was being used for any law enforcement purpose. The law enforcement agency shall make the dog available for examination at any reasonable time. The law enforcement agency shall notify an animal regulations officer within its jurisdiction if the dog exhibits any abnormal behavior.
(O) Spay and neuter of cats and dogs.
(1) Spaying or neutering prior to adoption. No dog or cat shall be made available for adoption unless the dog or cat is spayed or neutered in accordance with Cal. Food and Agricultural Code §§ 30503 and 31751.3 or is otherwise exempt pursuant to the divisions below.
(2) Spaying or neutering a dog or cat over the age of four months. No person within the city shall own a dog or cat over the age of four months that has not been spayed or neutered, unless valid written documentation is provided to show proof that the animal is exempt from the requirement to be spayed or neutered by reason of one of the following, and is in compliance with subsections below:
(a) The dog or cat is a breed approved by and is registered with a registry or association recognized by an animal control officer, whose program and practices are consistent with the humane treatment of animals, and the dog or cat is actively used to show or compete and has competed in at least one show or sporting competition hosted by or under the approval of the recognized registry or association within the last two years, or is being trained or groomed to show or compete and is too young to have yet competed.
(b) The dog is being trained or has been appropriately trained and is actively used in a manner that meets the definition of guide, signal or service dog as set forth in Cal. Civil Code § 54.1 or Cal. Penal Code § 365.5, or the dog is enrolled in a guide, signal or service dog breeding program administered by a person licensed under Chapter 9.5 (commencing with § 7200) of Division 3 of the Cal. Business and Professions Code.
(c) The dog is appropriately trained or is in the process of being trained and is actively used by law enforcement agencies or the military for law enforcement, military or rescue activities.
(d) The owner of the dog or cat provides a letter to an animal control officer from a licensed veterinarian certifying that either: the animal's health would be best served by spaying or neutering after a specified date, in which case a deposit as set forth in a city resolution shall be provided to ensure spaying or neutering by the owner after the specified date; or that due to age, poor health, or illness it is unsafe to spay or neuter the animal at any time. This letter shall include the veterinarian's license number and be updated periodically as necessary.
(e) The dog or cat has been registered for personal use breeding pursuant to this chapter.
(3) Unaltered dogs and cats. An unaltered dog or cat shall be implanted with an animal microchip identification device identifying the owner of the animal. The dog license application for an unaltered dog shall contain the information requested by the city, including the identification number of the implanted animal microchip identification device, the name and address of the owner, and the location at which the dog will be maintained. A license for an unaltered dog shall not be transferable, and shall not be issued to any person under the age of 18 years.
(4) Violations for not spaying or neutering. First time violators of this section shall be provided with a 60 day notice to comply prior to the issuance of a citation or the initiation of an enforcement action.
(P) Breeding dogs and cats.
(1) It is unlawful for any person to breed for commercial purposes any dog or cat within the city. It is unlawful for any person to breed for personal use any dog or cat unless the dog or cat is registered for personal use breeding pursuant to this section. Registration does not authorize a person to have more than the maximum number of household pets allowed by this chapter.
(2) Any person required to register their animals for breeding shall register with the city. The registration form shall include, at a minimum, the following information:
(a) The name, address and telephone numbers of the dog or cat's owner;
(b) The name, address and telephone numbers of the location where the dog or cat will be kept, if different than the name and address of the dog or cat's owner;
(c) The description of the dog or cat, including breed, color, age, name and sex;
(d) The date of immunization for the dog or cat;
(e) The type of rabies vaccine administered to the dog or cat; and
(f) The license number of the dog.
(3) Registration information must be updated within 30 days of any changes.
(4) Failing to register a dog or cat for breeding, or failing to update registration information within 30 days of any changes, is a violation of this chapter subject to enforcement in the same manner as any other violation of the Municipal Code.
(Q) Care of feral cats. It shall be unlawful for any person within the city to intentionally provide food, water, or other forms of sustenance to a feral cat or feral cat colony.
(R) Feeding of birds. It shall be unlawful for any person to feed any household or wild birds outdoors in a manner that creates: harmful health and/or sanitation conditions; destruction of property; unsightly or increased slipperiness of sidewalks; animal dependency; attraction of coyotes, squirrels, rats and/or other vermin; or otherwise creates an unreasonable disturbance, such as noise, so as to disturb the peace and comfort of two or more persons of ordinary sensitivity from different neighborhood households.
(Ord. 14-101, passed 7-8-2014)