Chapter 6.14 DOGS AND OTHER DOMESTICATED ANIMALS

A. Dogs shall be licensed within thirty days of obtaining the age of four months or within thirty days of acquisition by guardian, whichever occurs later.

B. Licenses shall be valid for up to thirty-six months from date of issuance and shall be issued upon payment of the fee required by city council resolution.

C. Licenses issued under prior to the effective date of the ordinance codified in this title shall remain valid until expiration.

D. No license shall be issued unless proof of anti-rabies vaccination is presented which certification is valid for the license period.

E. A license may be sold for less than the full license period if the anti-rabies vaccination expires prior to the full license period. Fees for partial-term licenses will be prorated on a monthly basis with a minimum fee of five dollars to cover administrative costs. (Ord. 912 § 2, 2006)

6.14.020 Licenses.

A. License tags shall be securely displayed upon dogs at all times except when the dog is confined to the guardian’s premises or displayed in an exhibition.

B. A license is not transferable to another dog and shall be void upon transfer, provided, however, that a new license may be purchased for the license replacement fee as set by city council resolution.

C. A dog displaying a current license from a California jurisdiction outside Santa Cruz County shall not require licensing under this chapter until expiration of the current license if the dog remains in the possession of the license holder and the appropriate Santa Cruz transfer fee is paid.

D. A penalty as set by city council resolution shall be charged for late renewal of a license. Late renewal is defined as the first day of the month past the due date.

E. A penalty as set by city council resolution shall be charged to any guardian who fails to apply for an initial or renewal Santa Cruz County license within the times specified in this chapter.

F. Any penalty shall be in addition to the applicable license fee and payable at the time of issuance. (Ord. 912 § 2, 2006)

6.14.030 Exceptions from licensing and waiver of fees.

A. Fees shall be waived for licenses issued for any recognized guide, signal or service dog upon presentment of an affidavit by the dog’s guardian. A guide, signal or service dog license shall be valid for the life of the dog or so long as the dog remains the property of the person named in the affidavit.

B. License fees for dogs owned by persons aged sixty-five or older shall be reduced by the amount equal to the license fee for a sexually un-reproductive dog for one dog per household. (Ord. 912 § 2, 2006)

6.14.035 Microchip of dogs and cats.

A. All dogs and cats over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the microchip registry. Nothing in this section supersedes, eliminates, or alters the licensing requirements of this chapter.

B. Exemptions. The microchip requirements shall not apply to any of the following:

1. A dog or cat with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, the date must be stated in the written confirmation.

2. A dog or cat that is kenneled or trained in the city of Capitola, but is owned by an individual that does not reside in the city of Capitola. The owner or custodian must keep and maintain the animal in accordance with the applicable laws and ordinances of the jurisdiction in which the owner or custodian of the animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction.

3. A dog that is tattooed and registered with the National Dog Registry located at 9018 E. Wilson Rd., Independence, MO 64053.

C. Transfer, Sale of Dogs and Cats.

1. An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade or adoption. The license and microchip numbers must appear on a document transferring the dog to the new owner. The owner or custodian shall also advise the county animal shelter of the name and address of the new owner or custodian in accordance with subsection A of this section. An owner or custodian who offers any dog over the age of four months for sale, trade, or adoption and fails to provide the county animal shelter with the name and address of the new owner is in violation of this chapter and shall be subject to the penalties set forth herein.

2. An owner or custodian who offers any cat over the age of four months for sale, trade, or adoption must provide the microchip identification number with the offer of sale, trade or adoption. The microchip numbers must appear on a document transferring the cat to the new owner. The owner or custodian shall also advise the county animal shelter of the name and address of the new owner or custodian in accordance with subsection A of this section. An owner or custodian who offers any cat over the age of four months for sale, trade or adoption and fails to provide the county animal shelter with the name and address of the new owner is in violation of this chapter and shall be subject to the penalties set forth herein.

3. When a puppy or kitten under the age of four months implanted with microchip identification is sold or otherwise transferred to another person, the owner or custodian shall advise the county animal shelter of the name and address of the new owner or custodian, and the microchip number of the puppy or kitten, within ten days after the transfer. If it is discovered that an owner or custodian has failed to provide the county animal shelter with the name and address of the new owner and the microchip number of the puppy or kitten, the owner or custodian shall be subject to the penalties set forth in this chapter.

D. When an impounded dog or cat is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to this chapter, the owner or custodian shall also do one of the following:

1. Have the dog or cat implanted with a county animal shelter microchip by a shelter California licensed veterinarian technician or veterinarian or designated personnel at the expense of the owner or custodian; or

2. Have the dog or cat implanted with a county animal shelter approved microchip by a California licensed veterinarian. The owner or custodian may arrange for another California licensed veterinarian to perform the implant, and shall pay to the department the cost to deliver the dog or cat to the chosen veterinarian. The veterinarian shall complete and return to the county animal shelter, within ten days, a statement confirming that the microchip has been implanted, provide the county animal shelter with the number and shall release the dog or cat to the owner or custodian only after the procedure is complete.

E. Fees for Microchip Identification Device. The fee for identifying microchip device shall be included in the cost of adoption when adopting a dog or cat from the Santa Cruz County animal shelter. If an animal has already been implanted with an identifying microchip device by some other facility, there will be no fee to have the identification microchip number entered into the county animal shelter’s registry as required by subsection A of this section.

F. Allocation of Fees and Fines Collected. All costs, fees and fines collected under this section shall be paid to the county of Santa Cruz animal shelter for the purpose of defraying the cost of the implementation and enforcement program. (Ord. 1013 § 4, 2017)

6.14.040 Vaccination requirements.

Every owner of any dog, other than a dog hybrid, over the age of three months or older within the limits of the city of Capitola shall, at intervals specified by the California State Department of Public Health, procure the vaccination of the dog by a licensed veterinarian with an approved canine antirabies vaccine and administered according to the vaccine label, unless a licensed veterinarian determines, on an annual basis, that a rabies vaccination would endanger the dog’s life due to disease or other considerations that the veterinarian can verify and document. Every owner of a dog hybrid over the age of three months within the city of Capitola is required to provide proof of annual rabies vaccination with an inactivated canine rabies product. (Ord. 1013 § 2, 2017)

6.14.050 Vaccination exemptions.

A. A request for an exemption from the requirements of this section shall be submitted on an approved form developed by the California State Department of Public Health and shall include a signed statement by the veterinarian explaining the inadvisability of the vaccination and a signed statement by the dog owner affirming that the owner understands the consequences and accepts all liability associated with owning a dog that has not received the canine antirabies vaccine. The request shall be submitted to the Santa Cruz County health officer, who may issue an exemption from the canine antirabies vaccine.

B. The Santa Cruz County health officer shall report exemptions issued pursuant to this section to the California State Department of Public Health.

C. A dog that is exempt from the vaccination requirements of this section shall be considered unvaccinated.

D. A dog that is exempt from the vaccination requirements of this section shall, at the discretion of the Santa Cruz County health officer or the officer’s designee, be confined to the premises of the owner, keeper, or harborer and, when off the premises, shall be on a leash the length of which shall not exceed six feet and shall be under the direct physical control of an adult. A dog that is exempt from the provisions of this section shall not have contact with a dog or cat that is not currently vaccinated against rabies. (Ord. 1013 § 3, 2017)

6.14.060 Licensing authority.

The Santa Cruz County animal services authority is authorized and declared the pet licensing authority for the city and shall collect all license fees and license fee penalties. License fees and penalties will be retained by the Santa Cruz County animal services authority. Should the Santa Cruz County animal services authority at any time decline to serve as the city’s pet licensing authority, the director may serve as the pet licensing authority or contract with a third party vendor to provide pet licensing services. (Ord. 912 § 2, 2006)

6.14.070 Commissions and vendor fees.

Where a third party vendor provides pet licensing services:

A. The third party vendor may deduct a fee, as set by city council resolution, from each, license fee collected by the vendor to cover commissions paid to outside salespersons. The commission shall only be deducted from licenses actually sold by outside salespersons.

B. The third party vendor may deduct a fee, as set by city council resolution, from each license fee collected by the vendor. The vendor fee shall only be deducted from licenses actually sold by vendors. (Ord. 912 § 2, 2006)

6.14.120 Vaccination upon impounded dog.

Prior to the release of any dog from the animal shelter by either redemption or sale, the party redeeming or purchasing shall either present proof of anti-rabies vaccination or pay a fee to the poundmaster for the services of a licensed veterinarian to vaccinate the dog. (Ord. 912 § 2, 2006)

6.14.130 Number of female dogs kept in any one place.

It is unlawful for any person other than a duly licensed veterinarian or dog kennel operator to keep or maintain more than one unspayed female dog at or within any one residence within the city. (Ord. 912 § 2, 2006)

6.14.200 Dogs in public places – Permitted and prohibited locations.

A. Except as provided in Section 6.14.210, it is unlawful for any person owning, having an interest in, harboring or having charge of the care, custody, control or possession of any dog to cause or permit such dog to be in any of the following locations, whether with or without a leash:

1. On any public beach within the city of Capitola;

2. Capitola Wharf;

3. Any other public location in the city that is posted with signage prohibiting dogs.

B. Dogs shall be permitted on leash in the following parks unless the city council, by resolution, declares the prohibitions of subsection A of this section applicable to such areas: Monterey Avenue Park, Noble Gulch Park, Perry Park, Soquel Creek Park, Jade Street Park (except for lawn and tennis court areas), and Esplanade Park (except for lawn areas). (Ord. 912 § 2, 2006)

6.14.210 Exemptions to prohibition.

A. Section 6.14.200(A) shall not apply to any recognized guide, signal or service dog, when such dog is accompanying a totally or partially blind person, a totally or partially deaf person, a person otherwise handicapped so as to require the assistance of such dog for the purpose of guiding such person, or any other person who is legally authorized to employ a service dog; or when such dog is accompanying a person licensed to train such dogs for the purpose of receiving training as a guide, signal or service dog.

B. Section 6.14.200(A) shall not apply to dogs used by or under the authority of authorized police or law enforcement agencies for law enforcement purposes. (Ord. 912 § 2, 2006)

6.14.215 Removal of dog droppings required.

Any person owning, having an interest in, harboring or having charge of the care, custody, control or possession of any dog that defecates upon public property (including, but not limited to, streets, walkways and parks) in the city of Capitola must immediately remove and properly dispose of the feces. Failure to so remove and dispose of the feces shall constitute an infraction. Nothing herein shall be deemed to authorize any person to enter upon the private property of another without permission. (Ord. 912 § 2, 2006)

6.14.310 Prohibition against permitting dogs at large.

It is unlawful for the guardian of any dog, whether licensed or unlicensed, to permit or allow such dog to be at large anywhere in the city. The provisions of this section shall not apply to a dog entered in a dog show or field trial and which is under reasonable control of its guardian. (Ord. 912 § 2, 2006)

6.14.320 Leashing required.

Unless a dog is under restraint by leash or chain no longer than six feet in length or confined within an automobile, no person owning, having an interest in, harboring, or having charge, care, control, custody or possession of that dog shall cause or permit such dog to be in or upon: any public street, alley or other public place; in or upon any unenclosed lot or premises; or in or upon any other private property posted with signs prohibiting off-leash dogs. (Ord. 915 § 1, 2007; Ord. 912 § 2, 2006)

6.14.330 Safety of animals in motor vehicles.

No person shall transport or carry on any public highway or public roadway any dog or other animal in a motor vehicle unless the animal is safely enclosed within the vehicle, or if traveling in an unenclosed vehicle (including but not limited to convertibles, pickup and flat-bed trucks), confined by a container, cage, tether or other device that will prevent the animal from falling or jumping from the motor vehicle. (Ord. 912 § 2, 2006)

6.14.340 Safety of animals in parked vehicles.

No person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animal’s health, safety or welfare. Animal control officers are authorized to use reasonable force to enter and remove an animal from a vehicle whenever it appears that the animal’s health, safety or welfare is or will be endangered. (Ord. 912 § 2, 2006)

6.14.380 Animals defecating on public or private property.

It is unlawful for the guardian of any animal to allow or permit such animal to defecate on any public property or improved private property other than that of the guardian. (Ord. 912 § 2, 2006)

6.14.390 Animal noises.

It is unlawful for any person to keep or harbor any dog, cat or other animal, whether licensed or not, which by howling, yelping, barking or other noise disturbs any person. (Ord. 912 § 2, 2006)

6.14.400 Prohibition against dogs harassing, threatening or injuring persons.

It is unlawful for the guardian of any dog to suffer or permit the same to annoy and harass, chase, threaten to inflict or inflict injury of any kind on any person. (Ord. 912 § 2, 2006)

6.14.410 Prohibition against dogs or other domesticated animals killing or injuring other dogs or other domesticated animals.

It is unlawful for the guardian of any dog or other domesticated animal to suffer or permit the same to cause the death or injury of another dog or other domesticated animal, except where the offending animal is acting in self-defense or where the incident occurs on the property of the guardian of the offending animal. The poundmaster may impound any dog or domesticated animal found in violation of this section and the poundmaster may declare the dog or domesticated animal to be a vicious animal and act according to the procedure set forth in Sections 6.08.130 and 6.08.140 of this title. (Ord. 912 § 2, 2006)

6.14.420 Prohibition against permitting livestock or wild animals to trespass or be at large.

A. No person owning or having care, custody or control of any ox, steer, bull, cow, horse, calf, sheep, goat, hog or any animal commonly referred to as a wild species shall:

1. Permit such animal to be at large in the city;

2. Cause or permit any such animal to be pastured, herded, staked or tied in any street, lane, alley, park or other public place;

3. Tie, stake, pasture or permit the tying, staking or pasturing of any such animal upon any private property within the city, without the consent of the guardian or occupant of such property, or in such a way as to permit any such animal to trespass upon, any street or public place or upon any other private property;

4. Permit any such animal to be or remain during the nighttime secured in an unsafe manner by a stake, or secured in any manner other than by enclosing such animal in a pen, corral or barn sufficient and adequate to restrain such animal.

B. Nothing in this section is intended to supersede any provision of the Capitola Municipal Code Title 17, the Zoning Ordinance. (Ord. 912 § 2, 2006)

6.14.430 Prohibition against dogs threatening or injuring wild game or livestock.

It is unlawful for the guardian of any dog to suffer or permit, under any circumstances, that dog to chase, threaten to inflict or inflict injury of any kind on any wild game as defined in Fish and Game Code Section 3950 or on any kind of any domestic livestock, including cows, sheep, horses and chickens. (Ord. 912 § 2, 2006)

6.14.432 Cinches, saddle girths and bucking and flanking straps.

No sharp or cutting objects in cinch, saddle or flank straps shall be permitted. Only sheepskin-lined flanking straps shall be used on bucking stock and shall be of the quick-release type. Flank straps shall be placed on the animal so the sheepskin-covered portion is over both flanks and belly of the animal. Flanking straps shall be released immediately upon the completion of any event in which they are employed. Bucking or flanking straps shall not be over-tightened or otherwise used to torment, torture or practice any cruelty on any animal, as such terms are defined in of the California Penal Code Section 597. (Ord. 912 § 2, 2006)

6.14.434 Electric prods.

Electric prods shall not be used to torture, torment or practice cruelty, as those terms are defined in California Penal Code Section 597, on livestock in rodeos and similar contests. (Ord. 912 § 2, 2006)

6.14.436 Bloodless bullfights.

Bloodless bullfights are prohibited in the city. (Ord. 912 § 2, 2006)

6.14.438 Animal control officers present at rodeos and similar events.

Animal control officers shall be present at all rodeos and similar events to ensure that animals participating in or being utilized in those types of events are not tortured, tormented or treated with cruelty as such terms are defined in California Penal Code Section 597. An event organizer shall notify the poundmaster at least one week prior to any such event. (Ord. 912 § 2, 2006)

6.14.440 Unrestrained vicious animals.

It is unlawful to permit any vicious animal to go unrestrained. Any vicious animal may be required by written order of the poundmaster to be confined to its guardian’s premises and allowed at liberty only under the direct control of its guardian while on a leash and properly muzzled to prevent harm or injury to the public. (Ord. 912 § 2, 2006)

6.14.445 Possession of wild animal species prohibited.

A. Prohibition. No person shall possess, keep or have care, custody or control of any animal belonging to a wild species, as defined in California Fish and Game Code Section 2118, anywhere in the city.

B. Exemption. This section shall not apply to persons having a valid permit from the State Department of Fish and Game under Fish and Game Code Sections 2150 et seq., to possess an animal belonging to a wild species. However, this section shall apply to any such person whose preexisting valid permit expires and is not renewed or is revoked. (Ord. 912 § 2, 2006)

6.14.455 Use of steel-jawed leg-hold traps.

It is unlawful for any person to set, trigger, activate or otherwise use, or cause to be set, triggered, activated or used, any steel jawed, leg-hold trap to be used for the capture of any animal, except as provided in California Health and Safety Code Section 1803. (Ord. 912 § 2, 2006)

6.14.560 Animal shelter.

All animals that are subject to being impounded, as provided herein, shall be kept, safely held, and as authorized herein, disposed of, in a suitable building or enclosure.

A. Every person except the poundmaster, deputy poundmaster or an animal control officer taking up any stray animal found at large contrary to the provisions of this chapter shall within eight business hours thereafter, give notice of possession to the poundmaster along with the following information:

1. The name and address of the person possessing the animal;

2. A complete description of such animal, including tattoos or other distinguishing marks, if any;

3. The licensee number of such animal, if any, and by what county or municipal corporation issued. If such animal has no license, such person shall so state; and

4. The place where such animal is confined.

B. The poundmaster shall pick up and shall thereupon hold and dispose of such animal in the same manner as though such animal had been found at large and impounded. (Ord. 912 § 2, 2006)

6.14.590 Duty to report animal bites.

Whenever any person has knowledge that an animal has bitten any person, the person having such knowledge shall report this fact forthwith to the Santa Cruz County health services agency or to the poundmaster. The report shall state the name and address of the person bitten, the time and place such person was bitten and the location, description and guardianship of the animal involved. (Ord. 912 § 2, 2006)

6.14.600 Quarantine of dogs and cats.

A. Whenever there is cause to believe that any dog or cat has bitten a person, or whenever ordered by the poundmaster, the guardian of that animal shall quarantine the animal for a period of ten days.

B. Unless the biting animal’s guardian has proof of a current rabies shot, and the poundmaster determines that the guardian has the proper facilities in which to confine the animal adequately, biting dogs and cats shall be immediately quarantined at the guardian’s expense at the animal shelter, a veterinary facility or a boarding kennel. If a vaccination is determined to be necessary, the animal shall be vaccinated at the guardian’s expense.

C. If the guardian of such animal fails to quarantine such animal and keep it confined for the period required, the poundmaster shall impound such animal for the required period and charge the guardian for the impounding and keeping of such animal in accordance with Section 6.12.050 and Section 6.12.055, respectively. (Ord. 912 § 2, 2006)

6.14.610 Impoundment of other biting animals.

In conjunction with the Santa Cruz County health services agency, the poundmaster may order the impoundment of any animal other than a dog or cat that has bitten any person. (Ord. 912 § 2, 2006)

6.14.700 Kennel license.

The license tax required by this title to be paid by the guardian or person having the custody or control of any dog for the privilege of having or keeping any such dog in the city shall not apply to any person conducting a breeding or sales dog kennel in the city, but every person conducting such a kennel shall pay to the city for the privilege of keeping any such dog in such kennel a business license fee as set by city council resolution. The amount of such license shall be paid to the city finance director and upon payment thereof the city finance director shall issue as many metal tags as the person conducting such dog kennel shall require, not to exceed the maximum number which the payment of such license shall entitle him or her to keep. The city finance director shall enter in a register kept for that purpose the name and address of the person conducting such kennel operation, the location of such dog kennel operation, the number of dogs therein for which licenses were issued, and the number of tags issued and the date of their issuance. (Ord. 912 § 2, 2006)

6.14.710 Transfer of guardianship – Notice required.

Repealed by Ord. 1028. (Ord. 912 § 2, 2006)