Chapter 7.24 ANIMAL RESTRICTIONS

3. Obstruct the reasonable and comfortable use of property in any neighborhood or community by running at large, chasing vehicles, molesting passers by, barking, howling, baying, screeching or making other loud or continuous noises for a continuous period in excess of thirty minutes.

B. No owner, or person having possession, custody or control of any animal shall:

1. Permit unsanitary conditions to exist on the premises where the animal is kept which would cause odors, attract flies or vermin, or otherwise be injurious to public health and safety, or indecent or 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 the neighborhood, community or persons;

2. Keep or maintain any animal in violation of Title 17 of the municipal code.

C. A violation of this section is declared to be a public nuisance and the causing of a public nuisance in violation hereof.

D. Any private person may maintain an action under Civil Code Section 3493 for enforcement of this chapter declaring certain acts a public nuisance, if such acts are specially injurious to such person. (Ord. 788 § 1(part), 2006).

7.24.040 Public nuisances – Abatement.

A. Whenever an animal control officer has reasonable cause to believe that a public nuisance exists, he or she may conduct an investigation of the alleged nuisance. In addition, whenever an animal control officer receives three or more complaints or affirmations in writing from persons having separate residences in the same neighborhood or from persons employed regularly in the same neighborhood, that any animal is a public nuisance as that term is used in this title and in the municipal code, the animal control officer may investigate to determine if a public nuisance exists. If the animal control officer determines that a public nuisance exists, the nuisance shall be abated in accordance with the municipal code, and the animal control officer may seize and impound the animal causing the public nuisance.

B. Notwithstanding any of the preceding, no animal that is part of an agricultural operation pursuant to California 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 title and state law. (Ord. 788 § 1(part), 2006).

7.24.060 Animal waste.

A. No owner or person otherwise having possession, custody or control of any animal, except a disabled person using an assistance dog, shall permit or allow any animal to do any of the following:

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

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

B. Any person owning or otherwise having an animal in his possession, custody or control on any public street or other public property shall carry a tool or device to be used for cleaning or removing animal excrement. This tool or device shall be presented to the animal control officer upon demand. (Ord. 788 § 1(part), 2006).

7.24.080 Dogs at large in public areas.

It is unlawful for the owner or person otherwise having possession, custody or control of any dog to permit the same, under any circumstances, to be off-leash in, on or about any public property within the city except public property posted with signs permitting dogs to be off-leash. Every dog found in violation of the provisions of this section may be immediately seized and impounded. Any duly authorized peace officer, or animal control officer shall be entitled to take such other action as may be reasonably necessary for protection of public health or safety. (Ord. 788 § 1(part), 2006).

7.24.100 Dogs at large on certain private lands.

It is unlawful for the owner or person otherwise having possession, custody or control of any dog to suffer or permit the same to be upon the lands of another without the consent of the owner or person entitled to the use or possession of such lands. (Ord. 788 § 1(part), 2006).

7.24.120 Animals other than dogs at large.

It is unlawful for the owner or person otherwise having possession, custody or control of any animal, other than a dog or cat, to permit the same, under any circumstances, to stray or run at large upon any public street or other public place, or upon any private place or property or common area of any planned development, cluster, townhouse or condominium project without the consent of the owner thereof, or to cause or permit such animal to be pastured, herded, staked or tied in any street or alley or other public place. Every animal other than a dog or cat, found in violation of the provisions of this section may be immediately seized and impounded. Any duly authorized peace officer, or animal control officer shall be entitled to take such other action as may be reasonably necessary for protection of public health or safety. (Ord. 788 § 1(part), 2006).

7.24.140 Animals prohibited in La Plaza Park.

It is unlawful for the owner or person otherwise having possession, custody or control of any dog or other animal to suffer or permit the same, under any circumstances, to enter upon La Plaza Park, except as follows:

A. An owner or person having possession, custody or control of an animal may permit the same to enter upon La Plaza Park for events during which specific animals have been specifically permitted by the city as part of such event and when such permission is posted upon the La Plaza Park bandstand. (Ord. 788 § 1(part), 2006).

7.24.160 Restraint – Proper care required.

No owner or person otherwise in possession, custody or control of any animal, except a cat, shall permit such animal to trespass upon or be kept upon property without the property owner’s consent. The owner or other person in possession, custody or control all animals shall provide them with necessary food, drink and shelter, and at nighttime shall secure them in an appropriate enclosure. (Ord. 788 § 1(part), 2006).

7.24.180 Poultry, fowl – Overcrowding, improper feeding prohibited.

No person shall overcrowd in any crate, box, or other receptacle domestic fowl or poultry or fail to provide proper food, water, shelter or sanitation for same. (Ord. 788 § 1(part), 2006).

7.24.200 Stables and premises kept clean.

Every person who shall stable, keep, pasture or maintain any animal in the city shall at all times keep the stable, enclosure or premises in or on which said animal is kept in a clean and sanitary condition, free from manure, mud and other material which may cause harm to the animal. (Ord. 788 § 1(part), 2006).

7.24.220 Herding in streets prohibited.

No person shall drive or herd any animal on or along any street or alley. Animals may be ridden or driven in harness or by means of rope, halter or similar device, subject to traffic regulation and the orders of any personnel whose duties include the direction of street traffic. (Ord. 788 § 1(part), 2006).

7.24.240 Animals kept in vehicles.

A. No person shall confine an animal in a vehicle unless there is adequate ventilation and unless the temperature or other conditions do not threaten the health of the animal. If an animal is confined in a vehicle in a manner that threatens its health, any animal control officer or any peace officer may enter the vehicle by whatever force is reasonably necessary to release the animal without liability upon the city or any person for resulting damage.

B. Any animal that has been confined in a vehicle in violation of this section may be impounded pending a hearing to determine if the animal shall be returned to its owner. In the event of any such impoundment, the owner or person in possession, custody or control of the animal shall be liable for all costs and expenses of impounding or keeping the animal.

C. Section 23117 of the Vehicle Code of the state of California is incorporated by reference.

D. Any animal control officer or peace officer may remove an animal that is not properly tethered in accordance with subsection C above without liability upon the city or any person for resulting damage. The driver of the vehicle may be cited for violation of such duty.

E. With the exception of RVs or motor homes that are adequate and serve as the residence of the owner, animals may not be housed in vehicles. (Ord. 788 § 1(part), 2006).

7.24.260 Neglect of animals prohibited.

No owner or person in possession, custody or control of any animal shall cause or permit such animal to be without proper care and attention. (Ord. 788 § 1(part), 2006).

7.24.280 Tethering a dog.

A. It is unlawful for any person to tether any dog on a leash, rope, chain, cable or other device for more than ten hours in a twenty-four hour period.

B. Any tethering device used to control any dog shall comply with all of the following:

1. The tether or chain provided must be at least ten feet in length, with swivels at both ends, and be properly attached to a pulley or trolley mounted on a cable so as not to interfere or become entangled with the dog or other objects on the property.

2. Any tethering system used shall not allow the dog to leave the property of their owner or person in possession, custody or control of the dog.

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

4. Any chain or tether shall be attached to a properly fitting flat collar or harness worn by the dog. The use of choke chains or pinch collars attached to any tethering device is prohibited.

5. The chained or tethered dog must have constant access to necessary shelter and water. (Ord. 788 § 1(part), 2006).

7.24.300 Biting animals – Notification and disposition.

A. The owner or other person in possession, or control of any animal that bites a human being shall immediately notify the police department of such bite, giving the name and address of the person bitten, if known to him/her, and shall obey any quarantine instructions given by the police department, county animal regulations department and/or health officer. The animal control officer may, in his or her discretion, order the animal quarantined at the shelter, at a veterinarian’s office, or at the owner’s residence and may impose such reasonable conditions thereon as may be required.

B. If any person fails or refuses to obey any lawful order for the quarantine of an animal for observation of rabies, the animal control officer may impound the animal for such quarantine at the expense of the owner. The animal control officer shall charge the owner in such case for the care and board of the animal. Such rates shall be set by resolution of the city council, or by the animal shelter. The redemption fees provided in this title shall also apply to an animal quarantined for rabies observation. (Ord. 788 § 1(part), 2006).

7.24.320 Reporting stray or found animals.

Any person who apprehends or picks up a stray or apparently lost animal or who traps an animal shall report the same to the police department within twenty-four hours and shall release such animal to the owner or to the police department upon demand. The person shall provide the police department with a complete description of the animal, its location and a means to contact the person keeping the animal. (Ord. 788 § 1(part), 2006).

7.24.340 Posting of intention to trap cats.

Any person who is intending to trap any cat or cats on their property must post such intentions by notifying neighbors on both sides, behind, and across such property. This can be accomplished by anonymously leaving a written notice of such intent, at least forty-eight hours prior to said trapping, on each doorstep of surrounding dwellings. Said written notice shall state where any trapped cats will be taken. (Ord. 788 § 1(part), 2006).

7.24.360 Teasing or tormenting animals.

No person shall tease or torment any animal. No parent who is present with their minor child shall allow or permit his/her minor child to tease or torment any animal. (Ord. 788 § 1(part), 2006).

7.24.380 Abandoned animals – Prohibited.

It is unlawful to abandon any animal in the city. (Ord. 788 § 1(part), 2006).

7.24.400 Possession of wild or undomesticated animals prohibited.

No person shall board, have, keep, maintain or have in his/her possession or control, for any length of time, in any zoning district in the city, any wild and/or undomesticated animal, as defined in Section 7.24.420. (Ord. 788 § 1(part), 2006).

7.24.420 Definition of wild and/or undomesticated animal.

For purposes of Sections 7.24.400 through 7.24.460, a “wild and/or undomesticated animal” is defined as an animal which is wild by nature and not customarily domesticated in Sonoma County and which, because of its size, disposition or other characteristics could constitute a danger to human life or property. Such wild and/or undomesticated animals shall be deemed to include but are not exclusive of:

A. Class Mammalia.

1. Order Carnivora.

a. Family Felidae (cat) including but not limited to such members as the tiger, the jaguar, the leopard, the lion, the serval, the mountain lion, the bobcat, the ocelot and the cougar, excepting Felis domesticus (domestic cat);

b. Family Hyenidae (hyena);

c. Family Urisideae (bear);

d. Family Candidae (dog) excepting Canis familiaris (domestic dog) and including but not limited to such members as the wolf, coyote and the jackal;

2. Order Probscidea (elephant);

3. Order Primata (primates), including but not limited to the chimpanzee, the baboon, the orangutan, the gibbon, the macaque and the gorilla, excepting the Family Hominidae (man);

4. Order Artiodactyla, even-toed hoofed mammals such as water buffalo, camels, elk, moose, deer and antelope, excluding the domesticated species of the Family Suidae (domestic pig) and Family Bovidae (cattle, sheep, goats, llamas and alpacas);

5. Order Perissodactyla, odd-toed hoofed mammals including the zebra and rhinoceros, excluding the domesticated species of the Family Equidae (horses, donkeys, etc.).

B. Class Reptilia.

1. Order Squamata.

a. Sub-order Serpentes, all front and rear-fanged venomous snakes,

b. Sub-order Lacertilia, both venomous species of the Family Heloder Matidae (gila monster and Mexican beaded lizard);

2. Order Crocodilia (crocodile, alligator and caiman).

C. Class Aves.

1. Sub-order Ratitae, such as, but not limited to, ostriches, rheas, cassowaries and emus, excluding small caged birds such as parakeets, canaries, love birds and finches.

D. Any other species of the animal kingdom (as opposed to vegetable or mineral) which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except the honey-producing bee. (Ord. 788 § 1(part), 2006).

7.24.440 Remedial measures.

A. Impoundment. Any wild and/or undomesticated animal as defined in Section 7.24.440 of this chapter determined to be in the city may be impounded by the animal control officer.

B. Notice of Removal. Whenever the animal control officer causes the impoundment of such wild and/or undomesticated animal as authorized herein, the animal control officer shall immediately give notice of such impoundment, the grounds thereof and the place to which such animal has been impounded.

C. Penalty. Any person who boards, has, keeps, maintains, or has in his/her possession or control, for any length of time, any wild and/or undomesticated animal in violation of any of the provisions of this chapter shall be guilty of a misdemeanor and shall be subject to imprisonment in the county jail for not more than six months or a fine not to exceed one thousand dollars or both. (Ord. 788 § 1(part), 2006).

7.24.460 Feeding of certain wild animals.

No person shall intentionally feed or in any manner knowingly provide food for noncaptive wild and/or undomesticated animals as defined in Section 7.24.420, including, but not limited to, coyotes, mountain lions, foxes, bobcats, raccoons, skunks, opossums and turkeys. This section shall not apply to persons legally engaged in trapping wild animals with devices utilizing food items as bait pursuant to applicable laws. (Ord. 788 § 1(part), 2006).

7.24.480 Disposal of dead animals.

A. Upon the death of any animal, the owner or person in possession thereof shall provide for the burial, incineration or other disposition of the body of such animal.

B. Upon learning that the body of a dead animal has not been disposed of in a safe and sanitary manner, the animal control officer or health officer shall dispose of such body immediately; provided, however, that the animal control officer or health officer shall not be required to remove and dispose of bodies of dead animals on state highways or on state property.

C. The director shall collect a fee in accordance with resolution adopted by the city council which shall be paid by the owner or person in possession, custody or control of the dead animal. (Ord. 788 § 1(part), 2006).

7.24.500 Control and seizure of diseased animals.

A. No person owning or having possession, custody or control of any animal which he or she knows to be infected with any disease transmittable to man shall permit such animal to be or remain within the city other than at an approved veterinary hospital unless the health officer approves an alternate means of confinement.

B. The animal control officer shall seize any animal he or she reasonably believes to be infected with disease transmittable to man. He or she shall keep such animal in a safe place for a period sufficient to observe, examine and determine whether it is diseased so as to be a menace to public health or safety.

C. Diseased animals which are a danger to public health or safety shall be impounded and may be destroyed. (Ord. 788 § 1(part), 2006).

7.24.520 Poisoning or abusing animals.

In addition to Penal Code Sections 596 and 597, it is unlawful for any person to wilfully administer poison to any dog, cat or other animal or to wilfully place, expose or leave poisonous or harmful substances of any kind in any place with intent to injure or kill any dog, cat or other animal. Further, it is unlawful for any person to maliciously kill, maim, wound, mutilate, torment, torture or physically abuse any animal. (Ord. 788 § 1(part), 2006).