Chapter 6.16
REGULATION OF DOGS

Sections:

6.16.010    Carrying instrument for removal of dog feces and actual removal of such feces required.

6.16.020    Restraint of dogs.

6.16.030    Dogs prohibited – Exceptions.

6.16.040    Permissive running at large.

6.16.050    Unspayed female dogs prohibited from running at large.

6.16.010 Carrying instrument for removal of dog feces and actual removal of such feces required.

A. Any person having custody of a dog while on public property, including any easements and public parks, and private property not owned by such person shall at all times carry an instrument suitable for removing and disposing of any feces which may be deposited by said dog and shall remove any such feces which may be deposited by such dog while on such property.

B. The provisions of this section shall not apply to dogs being used by the blind as guide dogs, or service dogs that are assisting disabled persons who are unable to remove such feces. (Ord. 07-72 § 4).

6.16.020 Restraint of dogs.

Except as provided in BMC 6.16.030, no person owning or having charge, care, custody, or control of any dog shall cause or allow, either willfully or through failure to exercise due care or control, to be or run at large in or upon any public place or premises, or in or upon any private place or premises other than those of said owner or keeper except with the consent of the person in charge of said place or premises, unless such dog is securely restrained by a substantial leash, no longer than six feet, and is in charge and control. For the purposes of this section, any dog in or upon any motor vehicle shall be deemed to be on the premises of the operator thereof. (Ord. 17-13 § 1; Ord. 07-72 § 4).

6.16.030 Dogs prohibited – Exceptions.

A. Except for service dogs, it is unlawful for a person who owns, has an interest in, harbors or has charge care, control, custody or possession of a dog, to permit the dog to be in City Park or on the Alvarez Ninth Street Park beach or in or upon a playground, skate park, in-line skate rink, tennis court, bocce court, basketball court, or a baseball field or bleacher within any other public park.

B. Dogs may be off-leash in the Phenix Dog Park at Benicia Community Park, on the First Street Beach, and on the Promenade Beach if dogs are under voice command of the person responsible for the dog. In all other places, dogs must be securely restrained by a leash no longer than six feet.

C. This section shall not be applicable to dogs while they are enrolled and participating in obedience classes sponsored by the parks and community services department of the city, or to dogs being used by disabled individuals as service animals or at city approved special events. No dangerous dogs are allowed in no leash areas. (Ord. 17-13 § 2; Ord. 07-72 § 4).

6.16.040 Permissive running at large.

The provisions of this chapter do not prohibit dogs from running at large on the premises of the owner or person having charge of such dog, nor do they prohibit dogs, other than unspayed female dogs during the breeding period, from running at large on any private property with permission of the owner of such property. (Ord. 07-72 § 4).

6.16.050 Unspayed female dogs prohibited from running at large.

It shall be unlawful for any owner to permit an unspayed female dog to run at large on any property during the breeding period. (Ord. 07-72 § 4).