Chapter 6.04 ANIMAL CONTROL

The public health and welfare, the welfare of the livestock industry, and the prevention of public animal nuisances require the effective prevention of rabies and the effective control of the animal population of the county. (Ord. 479 § 2 (part), 1984).

6.04.020 Definitions.

For the purposes of this chapter, unless the context of the provisions indicates otherwise, the following terms and words shall have the following meanings:
A. “Animal control center” is the Madera County animal shelter.
B. “Animal control officer” means the animal control director of the county of Madera and authorized deputies of the animal control director.
C. “At large” means an animal, licensed or unlicensed, off the premises or property of its owner and not under the immediate restraint, control, and vicinity of a person competent to control the animal.
D. “Health officer” means the health and medical director of the county of Madera.
E. “Owner” means any person, firm, or corporation, owning, harboring, having control, custody or possession of any animal. In the case of an animal which is owned by a minor, the parent or guardian of the minor shall constitute the owner of such animal for the purposes of this chapter.
F. “Vaccination” means the inoculation of an animal with a vaccine approved by, and in the manner prescribed by the State Department of Public Health.
G. “Veterinarian” means a person licensed by the state to practice veterinary medicine.
H. “Vicious animal” means any animal which has bitten a person or another animal without provocation, or which menaces, attempts to bite or attack any person or other animal without provocation or destroys property, or does any other act which endangers the health or safety of any person or any other animal.
I. “Quarantine” means the taking up and impounding of an animal in the county animal control center by the animal control officer for a period of ten calendar days, in the case of dogs and cats, or for a period of fourteen calendar days, in the case of all other animals. The animal may be confined in a veterinary hospital, animal shelter, kennel, or similar facility where the animal can be carefully observed for signs of illness or abnormal behavior by a veterinarian. In the discretion of the health officer or his delegate, isolation is permitted on the premises of the owner in instances where the owner of the animal exhibits a willing, cooperative attitude and has reasonable facilities to insure adequate confinement.
J. “Dog kennel” means any lot, building, structure, enclosure, or premises where four or more dogs, four months of age or older, are kept or maintained for any commercial purpose, including places where dogs are boarded, kept for sale, or kept for hire, but not including places where dogs are kept for the purposes of herding livestock or hunting.
K. “Wild animal” means any wild, exotic, dangerous or nondomestic animal, including but not limited to mammals, fowl, fish or reptiles.
L. “Livestock” includes domestic fowl and rabbits.
M. “Working day” includes Saturday but excludes Sunday and holidays observed by the county. (Ord. 479 § 2(part), 1984).

6.04.030 Interfering with animal control officer prohibited.

It is unlawful for any person to resist, delay, obstruct, or otherwise interfere with the animal control officer or any of his deputies in the performance of their duties. Any person who violates any of the provisions of this chapter declared to be unlawful, shall be guilty of a misdemeanor. (Ord. 479 § 2 (part), 1984).

6.04.040 Interfering with health officer prohibited.

It is unlawful for any person to prevent, oppose, resist, or otherwise interfere with the health officer or any of his deputies in the performance of their duties pursuant to this chapter. (Ord. 479 § 2(part), 1984).

6.04.050 Setting of fees by resolution, deposit.

All fees, fines, and charges provided for by this chapter shall be determined by resolution of the board of supervisors adopted from time to time. All fees and charges collected from owners or others having possession of dogs and all other fees or charges collected under this chapter shall be deposited in the county general fund. (Ord. 479 § 2 (part), 1984).

6.04.055 Violation.

Any violation of this chapter is punishable as provided in Chapters 1.12 and 1.16 of this code. (Ord. 479 § 2 (part), 1984).

II. Animal Control Center; Animal Control Officer Duties

6.04.060 Established.

There is an animal control center provided by the county for the impounding of animals. (Ord. 479 § 2(part), 1984).

6.04.070 Animal control officer duties.

The animal control officer shall:
A. Take up and impound all animals found to be in violation of the provisions of this chapter;
B. Provide all impounded animals with sufficient shelter, food and water;
C. Keep such records as may be required of him by the board of supervisors or any other authority;
D. Carry out the provisions of this chapter and all applicable statutes of the state. (Ord. 479 § 2 (part), 1984).

6.04.080 Destruction of unfit animal.

It shall be the duty of the animal control officer, and he is authorized and empowered to immediately destroy any animal lawfully impounded, which is by reason of age, disease or other cause, unfit for further use, or is dangerous to keep impounded. (Ord. 479 § 2(part), 1984).

6.04.090 Citation authority.

The animal control officer shall have the power to issue citations and arrest pursuant to Chapters 1.12 and 1.16 of this code. (Ord. 479 § 2(part), 1984).

6.04.100 Badges.

The animal control officer, while engaged in the execution of his or her duties, shall wear in plain view a badge having the words “Madera County Animal Control Director” or “Madera County Animal Control Officer,” as appropriate, engraved thereon. Any person who has not been appointed as provided in this article or whose appointment has been revoked, who shall represent himself to be or shall attempt to act as an animal control officer, shall be guilty of a misdemeanor. (Ord. 479 § 2 (part), 1984).

6.04.105 Firearms.

Madera County animal control officers who have successfully completed a regular course in firearms training approved by the Commission on Peace Officer Standards and Training are authorized to carry such firearms in the course of their employment as the board of supervisors authorizes by resolution. (Ord. 479-A § 1, 1985).

6.04.110 Duration of impoundment--Fees.

A. All impounded animals, the owner of which is known, shall be kept in the animal control center for a period of not less than ten working days, unless redeemed within such period, following the deposit in the United States mail, postage prepaid, of a notice to the owner or the licensee that the animal is impounded.
B. Any impounded bovine, the owner of which is unknown, as defined in the California Food and Agriculture Code, shall be kept in the animal control center for a period of not less than five working days unless redeemed within such period. At the expiration of the five-day period, the bovine shall be turned over to the State Bureau of Livestock Identification for disposition by that office.
C. All other impounded livestock, the owner of which is unknown, shall be kept in the animal control center for not less than fourteen working days unless redeemed within such period.
D. All other impounded animals, including dogs and cats, shall be kept at the animal control center for a period of not less than three working days unless redeemed within such period.
E. The fee for any impounded or quarantined animal kept at the animal control center shall be fixed by resolution of the board of supervisors. (Ord. 479 § 2(part), 1984).

6.04.120 Redemption of impounded animal.

The owner or person entitled to the possession, control or custody of any animal impounded may, at any time prior to its sale or disposal as provided in this chapter, redeem the impounded animal by paying to the county all impound and redemption fees and charges set as provided by resolution of the board of supervisors. If the animal redeemed is a dog, it may be redeemed only after complying with the provisions of this chapter pertaining to licensing and vaccination. The owner or person entitled to possession shall pay an impound fee for dogs in an amount specified by resolution of the board of supervisors. All impound and redemption fees and charges shall be in addition to any fines, penalties or fees levied pursuant to this chapter. (Ord. 479 § 2(part), 1984).

6.04.130 Disposition of animals without known owners--Unlicensed dogs.

Any animal, the owner of which is unknown and any unlicensed dog which has to be retained as provided in this chapter may be destroyed in a humane manner, or if such dog or animal is saleable, may be sold for cash at private sale without notice, for such price as the animal control officer deems reasonable and proper. (Ord. 479 § 2(part), 1984).

6.04.140 Disposition of animals with known owners--Licensed dogs.

Any animal, the owner of which has failed to redeem said animals after notice, or any dog taken up and impounded which bears a license tag and which is not redeemed as specified in this article, after notice, may be destroyed by the animal control officer in a humane manner, or if such dog or animal is saleable, may be sold for cash at private sale without notice for such price as the animal control officer deems reasonable and proper. (Ord. 479 § 2(part), 1984).

6.04.150 Sale of impounded animals.

When any animal is sold by the animal control officer as provided by Sections 6.04.130 and 6.04.140, it shall be his duty to deliver to the purchasers of said animal a statement in writing, which statement shall contain a description of the animal sold, the date of sale, and the amount of the purchase price. Before any dog sold pursuant to this chapter is released to the purchaser, he shall obtain a license therefor. The animal control officer shall retain a duplicate of all statements issued by him in connection with said sale. All sales made under the provisions of this chapter shall convey a good and valid title to the purchaser, and the previous owner of the animal so sold shall thereafter be barred from all rights to recover the same. (Ord. 479 § 2(part), 1984).

III. LICENSING AND VACCINATION

6.04.160 License--Inoculation required.

The owner of each dog in the unincorporated area of the county shall license the dog and have the dog inoculated at the time and in the manner prescribed by this chapter. Except as provided in Section 6.04.230, it is unlawful to own, keep or control any dog unless a license has been procured as provided in this article. It is unlawful for any person owning, harboring, or having the care, custody or possession of any dog to keep or maintain such dog in any place in Madera County, except as provided in Section 6.04.220, unless such dog has been vaccinated as provided in this article. (Ord. 479 § 2(part), 1984).

6.04.170 Registration--Term of license.

Each license issued shall be effective for a one or two year period, at the option of the owner, and shall be issued upon payment of all required fees, charges and penalties established by resolution of the board of supervisors pursuant to Section 6.04.050, and upon compliance with all conditions required for issuance of a license. The fee for each altered dog, male or female, shall be no more than one-half the fee fixed for dogs, male or female, which are not altered. A new license issued for a period commencing after the first of any month shall be effective from that date until the last day of the preceding month in the following second year, as appropriate. Any license renewal shall be effective from the first day of the month following the expiration of the license being renewed. (Ord. 479-D § 1, 1992: Ord. 479 § 2(part), 1984).

6.04.180 License--Delinquent payment.

Owners are required to obtain a license for their dog before the dog has reached the age of four months or within thirty days of first bringing the dog into the county, whichever event later occurs. Owners are required to renew the license within sixty days of its expiration date.
In addition to any other license fee or charge required herein, a late penalty shall be assessed in an amount established by resolution of the board of supervisors pursuant to Section 6.04.050 for failure of the owner to obtain or renew a license as required under this section. (Ord. 479-D § 2, 1992: Ord. 479 § 2(part), 1984).

6.04.200 License--Issuance--Vaccination.

The animal control officer shall, upon the payment of the fee required, issue a license for the year therein specified upon the form required by the county. Except as provided in the Section 6.04.220, no license shall be issued by the animal control officer unless a certificate or evidence of a vaccination with canine rabies vaccine of the animal has occurred within a time span approved by the animal control officer. A copy of said license and any records in connection therewith shall be kept by the animal control officer for a period of not less than three years. (Ord. 479 § 2(part), 1984).

6.04.210 Vaccination performance.

The vaccination shall be performed by a duly qualified and licensed veterinarian. The veterinarian vaccinating the dog shall issue to the owner or person in possession of the dog a certificate of vaccination, which certificate shall include:
A. The type of vaccine used;
B. The date of vaccination;
C. Description of dog, including age, breed and color;
D. Name and address of owner of dog;
E. Statement that the dog is male, neutered male, female or spayed female. (Ord. 479 § 2(part), 1984).

6.04.220 Vaccination--Exemption.

Any owner or person in possession of a dog who submits a certificate from a licensed veterinarian issued within the preceding sixty calendar days, stating that, in his opinion, the rabies vaccination would be likely to seriously injure the dog, shall be exempt from the vaccination requirement. Any dog so exempt from rabies vaccination shall be restricted to the enclosed yard of the owner or person in possession of the dog, except when held upon a rope, chain, or leash. Any violation thereof by the owner or person in possession of such dog is unlawful. Owners of dogs exempted from vaccination under this section must otherwise fully comply with the licensing provisions of this chapter. (Ord. 479 § 2(part), 1984).

6.04.230 License exceptions.

The provisions of this chapter requiring the licensing of dogs shall not apply to:
A. Dogs under the age of four months if confined within the private property of the owner or person having control of the dog;
B. Dogs owned or in custody or under the control of persons who are nonresidents of Madera County traveling through the county or temporarily sojourning therein for a period not exceeding thirty calendar days;
C. Dogs on sale in duly licensed pet shops.
(Ord. 479 § 2(part), 1984).

6.04.232 Pet shops--Sale of unlicensed dogs.

It is the duty of each pet shop operator within the unincorporated areas of Madera County to notify the animal control officer monthly of all sales of unlicensed dogs to residents of the county within the preceding month. This notice shall include the name and address of the purchaser of the dog, and the breed, sex and age of the dog sold. This information is to be used by the animal control officer solely for the purpose of enforcing the licensing and vaccination requirements of this chapter. (Ord. 479 § 2(part), 1984).

6.04.240 License fee exemption--Seeing eye dogs.

All seeing eye dogs must be licensed and vaccinated under the provisions of this chapter. However, if the dog for which such license is sought is a seeing eye dog in the service of any blind person, or is being trained or raised for such seeing eye service, a license shall be issued gratuitously. (Ord. 479 § 2(part), 1984).

6.04.260 License fee exemption--Law enforcement agencies.

All dogs used by governmental agencies for the purpose of law enforcement must be licensed and vaccinated under the provisions of this chapter. However, if the dog for which such license is sought is used for law enforcement purposes, the governmental agency shall be exempt from the license fee. (Ord. 479 § 2(part), 1984).

6.04.270 Wild animal--Licensing.

No person shall possess any animal not commonly kept or raised in the county as a domesticated animal and which is, or may be, in the opinion of the animal control officer, dangerous to the health and safety of any person, without first obtaining a license for the possession of the animal. If the possession of the animal does not violate any federal or state law or local zoning ordinance, a wild animal license may be issued subject to conditions prescribed by the animal control officer. The amount of the licensing fee shall be set as provided in Section 6.04.050 of this chapter. (Ord. 479 § 2 (part), 1984)

6.04.280 Wild animal--License denial.

A license shall not be issued or, if issued, shall be revoked where, in the opinion of the animal control officer, the possession of the animal will endanger public health and safety. The owner shall within the time designated and under the conditions required by the animal control officer dispose of the unlicensed wild animal, or said animal shall be impounded. (Ord. 479 § 2 (part), 1984).

6.04.290 Kennel license--Required.

Every person owning or operating a kennel or place where four or more dogs are kept for breeding, boarding, training, or other commercial purposes shall obtain a kennel license. The amount of the licensing fee shall be set as provided in Section 6.04.050 of this chapter and shall be paid at the same time and under the same conditions as other fees specified in this chapter. The kennel license shall not be issued unless each dog is vaccinated for rabies as specified in this chapter. It is unlawful for any person owning or operating a kennel to fail to procure said license as provided in this article. (Ord. 479 § 2(part), 1984).

6.04.292 Kennel license--In lieu of individual licenses.

Any license secured pursuant to Section 6.04.290 shall be in lieu of licenses for individual dogs within a kennel. (Ord. 479 § 2(part), 1984).

6.04.294 Kennel license--Posting.

Any license secured pursuant to Section 6.04.290 shall be posted in a conspicuous place within the kennel premises. (Ord. 479 § 2 (part), 1984).

6.04.296 Kennels--Sale of dogs.

It is the duty of all kennel owners within the unincorporated areas of Madera County to notify the animal control officer monthly of all sales of dogs without individual licenses to residents of the county within the preceding month. This notice shall include the name and address of the purchaser of the dog, and the breed, sex and age of the dog sold. This information is to be used by the animal control officer solely for the purpose of enforcing the licensing and vaccination requirements of this chapter. (Ord. 479 § 2(part), 1984).

6.04.300 Kennel license--Health and planning departments approval.

The animal control officer shall not issue any kennel license until he has in his possession an approval of the health department and the planning department recommending and establishing the construction, sanitation and zoning for said kennel. (Ord. 479 § 2(part), 1984).

6.04.310 Kennel license--Issuance.

The animal control officer shall issue a kennel license upon compliance with such standards as he shall prescribe. (Ord. 479 § 2(part), 1984).

6.04.320 Kennel license--Revocation.

Any kennel license issued under the provisions of this chapter may be revoked by the animal control officer for cause. The animal control officer shall give notice to the licensee that a hearing will be held by him relative to said revocation specifying the time and place of said hearing. Said notice shall be addressed to the licensee, postage prepaid, not less than five working days nor more than ten working days prior to the date of said hearing. Notice shall be complete upon the deposit of said notice in the United States mail as herein specified. At said hearing the animal control officer shall hear all evidence, and based thereon, shall determine whether said license shall be revoked or not revoked. His decision shall be in writing. If the licensee is not satisfied with the decision of the animal control officer, he shall have the right to appeal to the board of supervisors within ten working days of the date of issuance of the decision and the mailing thereof to the licensee. (Ord. 479 § 2 (part), 1984).

6.04.322 Kennel license revocation--Procurement of individual licenses.

Upon the revocation of a kennel license, or upon the denial of an application for a kennel license, each dog within the kennel over the age of four months shall be immediately licensed individually as provided for by this chapter. (Ord. 479 § 2 (part), 1984).

6.04.330 Kennel license--Repeated application.

If a license has been denied or revoked the animal control officer shall not accept a new application by the same person for a kennel license for the same activity at the same location unless the applicant affirmatively shows, and the animal control officer finds, that the grounds upon which the first application was denied, or the license was revoked, no longer exist. (Ord. 479 § 2(part), 1984).

6.04.340 Right to impose or change conditions.

If, at any time, it appears to the animal control officer that there are grounds for the revocation of a license, but that such grounds could be eliminated by the imposition of conditions, or of additional conditions, or by the amendment of any existing condition to such license, he may notify the licensee in writing that he intends to impose or amend such conditions and that the licensee may, within five working days after the receipt of such notice, request in writing a hearing before the animal control officer. (Ord. 479 § 2(part), 1984).

6.04.350 Forfeiture of fee.

On revocation of the kennel license, no part of the fee shall be refunded to the licensee. (Ord. 479 § 2(part), 1984).

6.04.360 Tag--Issuance.

The animal control officer shall issue with the license a metal dog tag inscribed as required by him. This tag, while attached to a dog’s collar or harness, shall be prima facie evidence that the dog for which the tag is issued has been licensed during the calendar year for which the tag was issued and has been vaccinated. (Ord. 479 § 2(part), 1984).

6.04.370 Tag--Affixing to collar or harness.

The owner of the dog shall securely affix the tag issued by the animal control officer to a collar, harness, or other device which shall be worn by the dog at all times. (Ord. 479 § 2(part), 1984).

6.04.380 Tag--Affixing to another dog or for another year prohibited.

It is a violation of this chapter for any person to affix a tag to any dog except the dog for which it was issued, and it is also a violation of this chapter for the owner of a dog to allow the dog to wear a tag other than the tag issued for the current calendar year. (Ord. 479 § 2(part), 1984).

6.04.390 Tag--Replacement when lost or stolen.

Whenever a tag issued for the then current year has been stolen or lost, the owner of the dog for which the tag was issued may, upon the payment of a fee to the animal control officer, and upon the making of an affidavit of such loss and filing the same with the animal control officer, receive a duplicate tag for the remaining portion of the then current year. The fee for a duplicate tag shall be fixed by resolution of the board of supervisors. (Ord. 479 § 2(part), 1984).

6.04.400 Tag--Counterfeiting.

No person shall imitate or counterfeit such registration tags. It is unlawful for any person to remove any tag from any dog not owned by him or not lawfully in his possession or under his control, or to place on any dog any such license tag not issued as provided for above for that particular dog for the then current year or to make or have in his possession, or to place on a dog any counterfeit or imitation or any license tag or vaccination tag provided for. (Ord. 479 § 2(part), 1984).

IV. UNLAWFUL ACTS

6.04.410 Disturbing peace and quiet prohibited.

It is unlawful for any person to permit any dog in his possession to habitually destroy the peace and quiet of any person or neighborhood by excessive barking or howling. (Ord. 479 § 2(part), 1984).

6.04.420 Committing nuisance prohibited.

It is unlawful for any person to permit any dog owned by him, or in his possession or under his control, to habitually commit a nuisance in any public place or on the property of another. (Ord. 479 § 2(part), 1984).

6.04.430 Abatement of noise or nuisance.

Upon receipt of a complaint by any person living in the neighborhood that any dog, cat, animal, poultry or household pet is a habitual nuisance by reason of howling, barking, or other noise, or is in any other manner causing undue annoyance, that shall constitute a public nuisance, and the animal control officer if he finds such public nuisance to exist, shall serve notice upon the owner or custodian that the public nuisance shall be abated. If the nuisance and annoyance cannot be successfully abated and the animal control officer determines it necessary to impound such dog, cat, animal, poultry or household pet, he shall not thereafter permit the reclaiming or redemption of the animal to the owner or custodian unless and until adequate arrangements have been made by the owner or custodian to insure abatement of the annoyance or public nuisance. (Ord. 479 § 2(part), 1984).

6.04.440 Owner’s responsibility to dispose of dead animals.

It is unlawful for any owner or person who, having had the possession or control of any animal, dog, cat, poultry or household pet while alive, to place the body of such animal, dog, cat, poultry or household pet, after its death, or cause to permit it to be placed or to knowingly allow or permit it to remain, in or upon any public road, highway, street, alley, park, school ground or other public place, or in or upon any lot, premises, or property of another. (Ord. 479 § 2(part), 1984).

6.04.450 Neglecting animal prohibited.

It is unlawful for the owner of any animal to permit or allow such animal to go without proper food, water, care or attention. (Ord, 479 § 2 (part), 1984).

6.04.460 Vicious animals--Order to control.

Upon receipt of a complaint about a vicious animal, the animal control officer shall investigate the circumstances upon which the complaint is based. If the animal control officer finds that the animal is a vicious animal, he shall notify the owner of the vicious animal, if known, of all the facts and circumstances. The animal control officer may order the owner to keep the animal within an enclosure or under any other type of control the animal control officer deems adequate under the circumstances. Failure of the owner to provide adequate control of the vicious animal as prescribed by the animal control officer is a violation of this section and shall be dealt with under the provisions of Section 6.04.470 and this article. (Ord. 479 § 2(part), 1984).

6.04.470 Vicious animals--Impoundment.

If the owner of a vicious animal fails to control the animal after an order to do so, or if a vicious animal poses an immediate threat of harm to any person, other animal, or property, the vicious animal shall be impounded. (Ord. 479 § 2(part), 1984).

6.04.480 Vicious animals--Notice of abatement.

Whenever an animal is impounded under Section 6.04.470, the owner shall be notified by mail or, if the owner cannot be ascertained or located, by posting a notice of such impoundment conspicuously upon the property from which the vicious animal was removed. The notice shall state: (1) a description of the animal impounded; (2) that the animal has been impounded to abate a public nuisance; (3) the place where the animal has been impounded; (4) that the owner may appeal the order of abatement by filing with the animal control department a written request for a hearing before the animal control director not more than ten working days following the date of posting or mailing; (5) that unless a timely request for hearing is filed and the order of abatement is overruled, the animal may be humanely destroyed not less than eleven working days following the date of posting or mailing; and (6) the date of posting or mailing. (Ord. 479 § 2(part), 1984).

6.04.482 Vicious animals--Appeal of order of abatement.

Upon receipt of a timely request for a hearing, the animal control director shall set a time, place and date for the hearing and shall immediately give notice of same to the owner and to the other interested parties including the complainant(s). The hearing shall be held not more than five working days following receipt of request. At the hearing, the director may hear and consider any evidence which he deems relevant, including his own personal observations of the animal in question. The burden shall be upon the owner to prove by a preponderance of the evidence that the animal should not be humanely destroyed. After the conclusion of evidence, the director shall make findings and a determination whether to sustain or overrule the order of abatement. If the order is overruled, the animal shall be released to the owner, and costs of impoundment shall be borne by the county. (Ord. 479 § 2(part), 1984).

6.04.490 Vicious animals--Destruction.

If an order of abatement is sustained, the animal shall be humanely destroyed not less than ten working days following the determination by the director; provided, however, that the animal may be destroyed in less than ten working days if the owner consents. If an order is sustained, the owner shall bear all costs. If no request for a hearing is filed within ten working days following the mailing or posting of the notice of abatement as described in Section 6.04.480, the impounded animal shall be destroyed not less than one working day after the expiration of the time to appeal. (Ord. 479 § 2 (part), 1984).

6.04.500 Liability for disposition of animal.

No liability shall be incurred for the disposition of any animal pursuant to the provisions of this chapter. (Ord. 479 § 2(part), 1984).

6.04.510 Violation--Fine.

The fine for violation of Sections 6.04.410 through 6.04.500 shall be determined by resolution of the board of supervisors adopted from time to time. (Ord. 479 § 2(part), 1984).

V. MADERA COUNTY DOG ZONE

6.04.520 Described.

The Madera County dog zone is described as the unincorporated territory within the county of Madera. (Ord. 479 § 2(part), 1984).

6.04.530 Impoundment of dog running at large.

Any officer may take up and impound in the animal control center any licensed dog, unlicensed dog, or dog bearing no license tag, which may be found running at large, whether or not the same is in the presence of the owner or a member of his family. (Ord. 479 § 2(part), 1984).

6.04.540 Impoundment--Notice--Disposition of unclaimed dog.

It shall be the duty of the animal control officer within twenty-four hours after the impounding of any dog bearing a license tag to mail a notice of such impounding directed to the dog’s owner at the address shown by the application therefor on file with the animal control officer. Any dog taken up and impounded which bears a valid license tag and which is not redeemed within a period of ten working days from the date of the taking up, or any unlicensed dog which is not redeemed within a period of three working days from the date of the taking up may be destroyed by the animal control officer in a humane manner. If the dog is saleable, it may be sold for cash at private sale, without notice, for such price as the animal control officer deems reasonable and proper, or the animal control officer may deliver such unredeemed dog to the United States military authorities. (Ord. 479 § 2(part), 1984).

6.04.550 Impoundment--Redemption fee.

If a dog is redeemed by its owner within the time prescribed by Section 6.04.110, such person shall pay to the animal control officer redemption and impoundment fees as provided by resolution of the board of supervisors. In the event the dog is impounded and redeemed by the owner for a second or more times within one year, then said owner shall pay for each such redemption additional impoundment and redemption fees as fixed by resolution of the board of supervisors. If an unlicensed dog is redeemed within the time prescribed in Section 6.04.110, then, prior to the payment of the fee as prescribed in this section, the owner shall pay for a license fee and such inoculation as prescribed in this chapter. (Ord. 479 § 2(part), 1984).

6.04.560 Dogs trespassing on private property.

Any dog found trespassing on any private property in Madera County may be taken up by the owner or possessor of the property and delivered to the animal control officer. (Ord. 479 § 2(part), 1984).

6.04.570 Delivery to animal control officer by private persons.

Every person taking up any dog under the provisions of this chapter and every person finding any lost, strayed, or stolen dogs shall, within twenty-four hours thereafter, give notice thereof to the animal control officer and every such person in whose custody such dog may, in the meantime, be placed, shall surrender said animal to the animal control officer without fee or charge and the animal control officer shall thereupon hold and dispose of such dog in the same manner as though such dog had be found running at large and impounded by him. (Ord. 479 § 2 (part), 1984).

6.04.580 Running at large.

No person owning any animal or having the care, custody, control or possession of any animal shall offer, allow or permit such animal to run, be or remain at large on any public street, road, alley, park or other public place, or upon any private property without permission of the owner of said property. All dogs may be deemed running at large within the meaning of this section unless tied, restrained by chain, strap or cord attached to their collars, actually held by some person, or tied or restrained in an automobile or other vehicle, or unless such dog is staked or fastened or restrained within a fenced area. Any animal found running at large on any public street, road, alley, park or other public place, or upon any private property without permission of the owner of said property within Madera County dog zone, shall be subject to seizure and impoundment at the animal control center. (Ord. 479 § 2(part), 1984).

6.04.590 Exemption--Hunting dogs.

A hunting dog under the direct control and supervision of its owner or trainer is not subject to the provisions of Sections 6.04.520 through 6.04.580 while being used or trained for hunting purposes. (Ord. 479 § 2(part), 1984).

6.04.600 Exemption--Working cattle and sheep dogs.

A working cattle or sheep dog under the direct control and supervision of its handler or trainer is not subject to the provisions of Sections 6.04.520 through 6.04.580 while in use for the purpose of tending cattle or sheep or in training for such purpose. (Ord. 479 § 2(part), 1984).

6.04.610 Exemption--Show dogs.

A show dog under the direct control and supervision of its owner or trainer is not subject to the provisions of Sections 6.04.520 through 6.04.580 while participating in obedience trial shows or in training for such shows. (Ord. 479 § 2(part), 1984).

6.04.620 Exemption--Police K9 dogs.

A police K9 dog under the direct control and supervision of any deputy or other officer of any law enforcement agency shall not be subject to the provisions of Sections 6.04.520 through 6.04.580 at any time. (Ord, 479-C § 1, 1986).

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