Sec. 5-110. - Interference with animal regulation officer prohibited.

No person shall prevent, obstruct, hinder or interfere with an animal regulation officer in the performance of the officer's duties under this chapter or state law.

Sec. 5-111. - Removal of animal in custody of animal regulation officer prohibited.

No person shall remove or attempt to remove any animal taken into custody by an animal regulation officer without the officer's authorization.

Sec. 5-112. - Aid in escape of animal sought for custody prohibited.

No person shall cause or aid in the escape of any animal sought for custody by an animal regulation officer.

Sec. 5-113. - Refusal to present animal for inspection prohibited.

No person shall fail or refuse to comply with any lawful order of an animal regulation officer to present an animal for inspection.

Sec. 5-114. - Abandonment of dog or cat prohibited.

No person shall abandon any dog or cat in or upon any public street or other public place, or upon any private property or premises.

(Ord. No. 4782 § 12, 1994.)

Sec. 5-115. - Dogs at large prohibited—Exceptions.

No person shall cause, permit or allow any dog to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of such dog, nor shall any person cause, permit or allow any dog to be upon any public street or other public place unless such dog is restrained by a substantial leash, except:

(a)

When such dog is assisting a law enforcement officer in the performance of police work;

(b)

When such dog is assisting a duly authorized person in an official search and rescue operation;

(c)

When such dog is assisting the owner in working, herding or controlling livestock;

(d)

When such dog is assisting the owner in hunting on private property with the consent of the owner, lessee, or other person in control thereof;

(e)

When such dog is participating in a dog training class, exhibition or competition, or an ongoing training program related thereto, under the direction and control of a dog trainer or other qualified person on public property with the consent of the owner or operator of the grounds or facilities, or on private property with the consent of the owner, lessee or other person in control thereof;

(f)

When such dog is accompanying the owner or other person in control of such dog on private property with the consent of the owner, lessee or other person in control thereof.

(Ord. No. 4782 § 13, 1994.)

Sec. 5-116. - Repealed by Ord. No. 5261 § 1.

Sec. 5-117. - Livestock at large prohibited—Exceptions.

No person shall wilfully or knowingly cause, permit or through failure to exercise due care or control allow any livestock to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of such livestock, except:

(a)

When such livestock is being led, driven or conducted along a public street during daylight hours under the supervision of the owner or other person in control of such livestock;

(b)

When such livestock is on public property with the consent of the owner or operator of the grounds or facilities, or on private property with the consent of the owner, lessee or other person in control thereof, and such property is lawfully fenced;

(c)

When such livestock is on designated open range areas.

The owner of any livestock found at large in violation of this section shall, in addition to any other penalties imposed, be liable for the salaries, costs and other expenses incurred by the division in restraining, capturing or rescuing such livestock if the owner is responsible for the livestock being at large. The salaries, costs and expenses of the division shall be determined by the director with the concurrence of the county auditor.

(Ord. No. 4782 § 15, 1994.)

Sec. 5-118. - Exotic animals at large prohibited.

No person shall cause, permit or allow any exotic animal to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of such exotic animal.

(Ord. No. 4782 § 16, 1994.)

Sec. 5-119. - Dogs entering property whereon sheep or other livestock are kept prohibited.

No owner of any dog shall permit or allow such dog to enter upon any property whereon sheep or other livestock are kept without the consent of the owner, lessee or other person in control thereof.

(Ord. No. 4782 § 17, 1994.)

Sec. 5-120. - Interference with quarantine prohibited.

No person shall refuse to obey the conditions of any lawfully imposed quarantine or remove, tear, deface, mutilate, obscure or destroy in any other manner whatsoever interfere with any placard, notice or proclamation declaring such quarantine, placed on or about the premises on which any of the animals so quarantined are located.

(Ord. No. 4782 § 17, 1994.)

Sec. 5-121. - Staking of animals prohibited.

No owner of any animal shall stake, tie or tether such animal on any public road or street or other public property which is not set aside for such staking, tying or tethering, or on any private property without the consent of the owner, lessee or other person in control thereof.

(Ord. No. 4782 § 17, 1994.)

Sec. 5-122. - Animals in county buildings and feeding or care of animals on county property prohibited—Exceptions.

No person shall cause, permit or allow any animal in any county building, nor shall any person feed or provide care for any animal on county property, except the county animal shelter, county property used for animal training classes, exhibitions or competitions, and any other county property designated elsewhere in this code or by ordinance or resolution of the board. The prohibition against animals in county buildings shall not apply to totally or partially blind persons, deaf or hearing impaired persons, or other disabled persons using assistance dogs, law enforcement officers engaged in police work using dogs to assist them, and such other persons as may be authorized by the director.

(Ord. No. 4782 § 18, 1994.)

Sec. 5-123. - Selling animals without license prohibited.

No person shall sell, display, offer for sale, barter or give away any animal as a pet, prize, toy, premium or novelty, except a person licensed pursuant to this chapter to operate a commercial kennel, pet fancier facility or pet shop, or as part of an agricultural operation, commercial hatchery or store regularly engaged in the selling of livestock, or unless such person is the owner of such animal and such sale, display, offer for sale, barter or gift occurs on the owner's premises, or on the premises where the animal is boarded or kept.

(Ord. No. 4782 § 19, 1994: Ord. No. 4653 § 2(u), 1993.)

Sec. 5-124. - Maintenance of exotic animal without proof of proper approvals prohibited.

No owner of any exotic animal shall maintain such animal without proof of proper federal and state permits, inspections, and other required approvals.

(Ord. No. 4782 § 19, 1994.)

Sec. 5-125. - Dog nuisances prohibited.

No owner of any dog, except a totally or partially blind person, deaf or hearing impaired person, or handicapped person using an assistance dog, shall permit or allow such dog to do any of the following:

(a)

Defecate on any public road or street or other public property without immediately cleaning or removing the excrement to a proper receptacle;

(b)

Defecate on any private property other than that of its owner without the consent of the owner, lessee or other person in control thereof.

(Ord. No. 4782 § 19, 1994.)

Sec. 5-126. - Public nuisances prohibited.

(a)

No owner of any animal shall do any of the following:

(1)

Permit such animal to obstruct the reasonable and comfortable use of property in any neighborhood or community by chasing vehicles, molesting passersby, barking, howling or making other noise;

(2)

Permit such animal to damage or trespass on public or private property;

(3)

Permit unsanitary conditions to exist on the premises where such animal is kept which would cause odors, attract flies or vermin, or which would be otherwise injurious to the public health, offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood or community or any considerable number of other persons;

(4)

Maintain a dangerous animal in a manner that creates a significant threat to the public health, safety and welfare.

(b)

Any violation of this section is hereby declared to be a public nuisance.

(c)

Whenever the director or any animal regulation officer has reasonable cause to believe that a public nuisance as defined in this section exists, the director may conduct an investigation or the alleged nuisance. Whenever it is affirmed in writing by two (2) or more persons residing in separate residences or regularly employed in the neighborhood that a public nuisance as defined in this section exists, the director shall investigate the alleged nuisance, provided, however, that where there is only one (1) person residing or regularly employed within three hundred feet (300′) of the alleged public nuisance, written affirmation of only that one (1) person shall be required for the director to investigate the alleged nuisance. If, upon investigation, the director determines that a public nuisance exists, the director may issue an order to the owner of the offending animal directing that such nuisance be abated. In the event that the owner does not comply with the abatement order, the director may immediately refer the matter to the district attorney for prosecution of the public nuisance.

(d)

Any person may maintain an action under Civil Code section 3493 for compliance with the requirements of this section.

(e)

Notwithstanding any of the preceding, no animal which is part of an agricultural operation exempt from being or becoming a nuisance by Civil Code section 3482.5 shall be deemed to be a public nuisance under this section, provided such animal is owned and kept in compliance with this chapter and state law.

(Ord. No. 4782 § 19, 1994.)

Sec. 5-127. - Tethering/chaining of dogs restricted.

(a)

A dog may be restrained by a fixed point chain or tether for no more than twelve (12) hours in a twenty-four hour period. This limitation shall not apply to a dog used in an agricultural operation for herding, guarding, or protecting livestock.

(b)

No chain or tether shall weigh more than one-eighth of the dog's body weight.

(c)

Any chain or tether shall be at least ten (10) feet in length and have swivels at both ends.

(d)

Any chain or tether must be attached to a properly fitting collar or harness worn by the animal. The use of chain or pinch collar is prohibited.

(e)

If a dog is restrained using a pulley and cable system, the chain or tether must be at least ten (10) feet in length and attached to a pulley or trolley mounted on a cable that is also at least ten (10) feet in length and mounted at least four (4) feet and no more than seven (7) feet above ground level in a manner so as not to interfere or become entangled with objects on the property.

(f)

The chained or tethered dog must have constant access to clean, fresh water in a sturdy, tip-resistant bowl or bucket inside a rubber tire to prevent tipping. It should be checked for freezing in the winter. Food has to be palatable and nutritious.

(g)

The chained or tethered dog must have constant access to shelter and protection from the elements in all seasons of the year. The area must be kept clean of defecation.

(Ord. No. 5664 § 1(d), 2006.)