Chapter 7.02
CONTROL OF ANIMALS WITHIN CITY – GENERALLY
Sections:
7.02.010 Dogs running at large.
7.02.020 Domestic animals, fowl and exotic animals running at large.
7.02.040 Permitted number of dogs or cats.
7.02.050 Permitted number of any other species.
7.02.060 Impounding unlicensed dogs and feral animals.
7.02.080 Gifts of certain animals and fowl permitted.
7.02.090 Roosters – Prohibited.
7.02.010 Dogs running at large.
A. It shall be unlawful for the owner, guardian, or person having control of any dog to allow or permit a dog to be or run at large in or upon any public place or premises, park, or area of recreation unless such dog is securely restrained by a leash. The leash shall be of sufficient strength to restrain the dog and must be held continuously by a competent person capable of controlling the dog. Every dog found running at large in violation of the provisions of this chapter may be immediately seized and impounded by the Animal Control Officer.
B. A dog shall not be considered “at large” if it is:
1. A guide dog, signal dog, or service dog;
2. Assisting or in training to assist a peace officer who is engaged in law enforcement duties;
3. Enrolled in and actually participating in a dog training or obedience class, exhibition or competition conducted by an organization on private or public property with the permission of the owner or operator of the grounds or facility;
4. Within the confines of a city-designated “leash-free” area;
5. Securely confined in a vehicle. [Ord. 12-004; Ord. 15-006 § 1.]
7.02.020 Domestic animals, fowl and exotic animals running at large.
It shall be unlawful for the owner or person having control of any domestic animal, fowl or exotic animal to suffer or permit same, under any circumstances, to run at large within the City. Every domestic animal, fowl or exotic animal which is found running at large in violation of the provisions of this chapter may be immediately seized and impounded by the Animal Control Officer. [Ord. 12-004.]
7.02.030 Animal excreta.
It is unlawful for any owner of any dog, cat, domestic animal, exotic animal or fowl to permit such animal to discharge his or her solid excreta on any public or private property within the City other than the property of such owner, if such owner, having observed such discharge or having been advised of such discharge, does not immediately thereafter remove such animal excreta from the public or private property upon which it was deposited. This chapter shall not apply to any guide dog under the control of a person who is legally blind or any police dog in the control of a peace officer who is on duty. [Ord. 12-004.]
7.02.040 Permitted number of dogs or cats.
Except as otherwise provided herein, it shall be unlawful for any person to keep, board or harbor five (5) or more dogs at any place of residence or on any commercial or industrial premises within the City limits except at a kennel operating in conformance with the laws and regulations of the City.
Except as otherwise provided herein, it shall be unlawful for any person to keep, board or harbor five (5) or more cats at any place of residence or on any commercial or industrial premises within the City limits except at a cattery operating in conformance with the laws and regulations of the City.
The offspring of any female dog or female cat present at any premises within the City at which said female dog or female cat is legally kept may be kept at those premises from time of birth until such offspring reach six (6) months of age, at which time such offspring shall be subject to the numerical limitations upon the number of dogs and cats contained in this chapter.
The numerical limitations on dogs and cats contained in this chapter shall not apply to dogs and cats kept on any premises within the City for which the numerical limitation upon dogs or cats would be violated on the effective date of this chapter by the presence of five (5) or more dogs or by the presence of five (5) or more cats if the following conditions are met by the owner of the dogs or cats kept at said premises:
A. The only dogs and cats which may be kept on the premises after the effective date of this chapter are dogs or cats which were present on the premises on the effective date of this chapter or are the offspring of said dogs or cats which were born before July 1, 1999; and
B. Not later than July 1, 1999, the owner of said dogs or cats has registered each of said animals present on the premises on the effective date of the ordinance codified in this chapter, including their offspring born before July 1, 1999, with the City using such registration procedures as may be provided for by resolution or resolutions adopted by the City Council and by paying such registration fees for said animals as may be included in the procedures contained in said resolution or resolutions; and
C. The dogs or cats kept on the premises have not been declared to be a public nuisance under the provisions of DMC 7.05.060(D), either prior to the time of registration of said dog or cat, or at any time thereafter; and
D. The dogs or cats kept on the premises have not been declared to be a dangerous animal under the provisions of DMC 7.06.060(G), either prior to the time of registration of said dog or cat, or at any time thereafter; and
E. The owner of said dogs or cats kept on the premises has not been convicted of, admitted to, or pleaded no contest to an infraction or misdemeanor based upon a violation of this chapter prior to the registration of the dogs or cats. [Ord. 12-004.]
7.02.050 Permitted number of any other species.
Except as provided herein, or in DMC 7.02.040, it shall be unlawful for anyone to keep, board or harbor five (5) or more species of animal, domestic animal, or fowl at any place of residence or on any commercial or industrial premises within the City limits.
Four (4) or less domestic animals or fowl may be kept at any place or residence or on any commercial or industrial property so long as said premises are maintained in a manner that the animals kept on said premises are not declared to be a public nuisance under the provisions of DMC 7.05.060(D). If said domestic animals or fowl are declared to be a public nuisance, the order of the hearing officer declaring said nuisance may, in addition to the other provisions authorized by DMC 7.05.070, include such conditions, limitations, restriction or prohibitions as are deemed necessary by the hearing officer to permanently abate said nuisance and to prevent its reoccurrence, including a suspension or termination of the keeping of domestic animals or fowl on the premises.
Five (5) or more animals, domestic animals, exotic animals or fowl may be kept at a veterinary clinic, livestock yard, commercial farming operation, pet store operation, or public agricultural fair or exposition within the City if such veterinary clinic, livestock yard, commercial farming operation, pet store operation, or public agricultural fair or exposition is operating in conformance with the laws of the State of California and the ordinances and regulations of the City. No exotic animals may be kept within the City on private property without the prior approval of the City Council. Exotic birds may be maintained as pets or for purposes of display so long as they are kept and maintained entirely within an enclosed structure. With the prior written approval of the Animal Control Director, five (5) or more pigeons, doves, or exotic birds may be maintained as pets in any exterior aviary or other exterior confined space within the City; provided, that in the opinion of the Animal Control Director:
A. The aviary or space in which said birds are kept is adequate for the number of birds confined; and
B. The aviary or space in which the birds are kept is maintained in a clean and sanitary manner; and
C. The birds have not been declared to be a public nuisance under the provisions of DMC 7.05.060(D).
If said birds are declared to be a public nuisance, the order of the hearing officer declaring said nuisance may, in addition to the other provisions authorized by DMC 7.05.070, include such conditions, limitations, restriction or prohibitions as are deemed necessary by the hearing officer to permanently abate said nuisance and to prevent its reoccurrence, including a suspension or termination of the keeping of birds on the premises.
The written approval granted by the Animal Control Director to the keeping of said birds may be rescinded at any time when, in the opinion of the Animal Control Director, the conditions set forth above no longer are applicable. [Ord. 12-004.]
7.02.060 Impounding unlicensed dogs and feral animals.
It shall be the duty of the Animal Control Officer to take up and impound all unlicensed dogs and feral animals found in the streets, roads, lanes, alleys, parks, or other public places, or upon any vacant, unoccupied, or enclosed lots, lands or premises within the City. [Ord. 12-004.]
7.02.070 Rabies control.
As authorized by Cal. Gov’t Code § 50022.9, this title adopts and incorporates by reference all of the provisions of Article IX of Chapter 4 of the Solano County Code, relating to rabies, as though said article be fully set forth herein. References in said Article IX to the “animal control director” shall mean the Animal Control Director as defined in this chapter or the Director of Animal Control of Solano County, whichever is appropriate under the circumstances. [Ord. 12-004.]
7.02.080 Gifts of certain animals and fowl permitted.
It shall be unlawful for any person to display, sell, offer for sale, barter or give away any baby chicks, rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored or otherwise artificially treated. This chapter shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes. [Ord. 12-004.]
7.02.090 Roosters – Prohibited.
No person or persons shall own, possess, maintain, or have custody of a rooster or roosters on any lot, building, structure, property, or premises within the City of Dixon. [Ord. 15-015 § 2.]