CHAPTER 3
ANIMALS AND FOWL
Article I. In General.
3.1 Definitions.
For the purpose of this chapter, the following words and phrases have the meanings respectively ascribed to them by this section:
Animal. Any animals, poultry, bird, reptile, fish, or any other dumb creature.
At large. Any animal off the premises of its owner and not under restraint by leash or chain or not otherwise controlled by a competent person.
Cat. Any cat of either sex or any age.
Dog. Female as well as male dogs.
Dog licenses. The license required to be annually issued for each individual dog.
Herded. Any animal herded in violation of section 423 of the Agricultural Code.
Horse. Any mule, burro, pony, jack, hinny, or jenny.
Kennel. Any building, enclosure or premises used in the commercial business of breeding, buying, selling or boarding dogs and cats.
Licensed dog. Any dog for which the license for the current year has been paid and to which the tag provided for in this chapter is properly attached.
Owner. Any person owning, having an interest in or having control, custody or possession of any animal.
Surrendered animal. Any animal delivered by the owner thereof to the animal control shelter or an animal control officer and for which the owner fills out the prescribed surrender forms.
Unlicensed dog. Any dog for which the license for the current year has not been paid or to which the tag required by this chapter is not attached.
3.2 Purposes of chapter.
This chapter is enacted by the city for the purpose of securing a system of uniform regulation and control of dogs and other animals within the city.
The city at the time of adopting this chapter has approved and executed a joint powers agreement with the cities of Vacaville and Suisun to provide for the regulation and control of dogs and other animals within the city limits of the respective cities. This joint powers authority is titled the Solano Animal Control Authority.
The Solano Animal Control Authority has contracted with Humane Animal Services, a legal subsidiary of the Society for the Prevention of Cruelty to Animals of Solano to provide animal control and pickup services within the city limits of the respective cities.
It is intended that this ordinance will be enacted in all of the member cities of the Solano Animal Control Authority to allow a uniform policy of patrol and enforcement to the Humane Animal Service Contractor.
3.3 Authorization to appoint humane officers.
City hereby authorizes the Solano Animal Control Authority to appoint Humane Officers pursuant to the provisions of 6078 and 6079 of the California Civil Code. Such officers after compliance with the provision of Section 832 California Penal Code are designated as animal control officers and shall have the powers and authority as set forth in sections 830.9, et seq., of such code which shall include the power and duty to make arrests or issue citations for violations of any of the provisions contained herein.
3.4 Certain animals prohibited in city on less than one-acre lots.
Except as otherwise provided in section 3.68, no person shall keep, corral, or harbor any cow, horse, sheep, goat, hog, or cloven-hoofed animal in the city on any single parcel of property less than one acre in size. (Ord. No. 94-6, § 1.)
3.5 General regulations as to "wild" animals, cattle, horses, etc.
No person owning or having control of any ox, steer, bull, cow, horse, colt, jack, mule, calf, sheep, goat, hog, or any animal commonly referred to as a "wild specie" shall:
(a) Permit such animal to run at large in the city.
(b) Cause or permit any such animal to be pastured, herded, staked or tied in any street, road, lane, alley, park or other public place.
(c) 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 owner 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 such private property.
(d) Permit any such animals to be or remain during the night time secured 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 or by securely fastening such animal by means of a rope or chain of sufficient strength to restrain to some permanent object of sufficient size, strength and weight to effectively restrain such animal.
(e) Fail to provide the necessary sustenance, drink, shelter or protection from the weather, or otherwise.
3.6 Estray bovine animals, horses, etc.
Notwithstanding any provisions of this chapter to the contrary, the Agricultural Code of the state, division 3, chapter 5, shall be complied with in reference to estray bovine animals, horses, mules, or burros.
3.7 Dogs running at large in parks, schools, commercial districts.
Except in a City designated area or dog park, the owner or person having control of any dog shall not allow or permit such dog to run at large in any public park, public square, in any school, upon any school grounds, or in any commercial district, as defined by this code. Every dog found running at large in violation of the provisions of this section shall immediately be seized and impounded. (Ord. No. 2012-02, § 1.)
3.8 Dogs - Running at large prohibited - exceptions.
No person owning or having charge, care, custody or control of any dog shall cause, permit or allow the same to be or to run at large upon any highway, street, lane, alley, court or other public place, excepting a City designated area or dog park, or upon any private property or premises other than those of the person owning or having charge, care, custody or control of such dog, in the incorporated area of the City, unless such dog be restrained by a substantial chain or leash not exceeding six feet in length and is in the care, custody or control of a person capable of controlling such dog, or within an enclosed motor vehicle. (Ord. No. 2012-02, § 2.)
3.9 Dogs - Running at large permitted on private property - conditions.
The provisions of this chapter do not prohibit permitting or allowing dogs to run at large on the premises of the owner or person having charge, care, custody or control of such dogs when the property is a ranch or similar undeveloped property, or prohibit permitting or allowing dogs, other than unspayed female dogs during the copulative season, to run at large on any ranch or similar undeveloped property with the permission of the owner of such ranch of similar undeveloped property; provided, such dog is under reasonable control of a competent person.
3.10 Dogs, horses - Excreta.
It is unlawful for any owner, keeper or caretaker of any dog or horse to permit such animal to discharge his or her solid excreta on any public or private property (other than the property of such owner, keeper or care-taker) within the city, if such owner, keeper or caretaker does not immediately thereafter remove and clean up such animal excreta from the property. (Ord. No. 98-10, § 2.)
3.11 Habitual howling, barking, etc., by animal - declared nuisance.
Repealed by Ord. 98-10, § 1.
3.12 Damage or destruction of private property declared nuisance.
No person shall suffer or permit any animal or fowl to trespass on private or public property so as to damage or destroy any property or thing of value. Such trespassing is hereby declared to be a nuisance and any such animal may be impounded by the poundmaster.
3.13 Notice to owner to abate nuisance.
Repealed by Ord. 98-10, § 1.
3.14 Rabbits and fowl - Running at large.
It is hereby declared to be a nuisance and no person shall suffer or permit any chickens, geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl or rabbits owned or controlled by him to run or fly at large or go upon the premises of any other person in the city.
3.15 Same - Sale for pets or novelties.
No person shall 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 section 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.
3.16 Biting animals - Quarantine required.
Whenever it is shown that any dog or other animal has bitten any person, no owner or person having custody or possession thereof, upon order of the health officer, shall fail, refuse or neglect to allow the health officers or his deputies to make an inspection or examination thereof at any time during such period. No such dog or animal shall be removed without written permission of the health officer or his deputies.
3.17 Same - Reports.
Whenever any person having charge, care, control, custody or possession of any dog has knowledge that such dog has bitten any person, the person having charge, care, control, custody or possession of such dog shall report such fact forthwith to the health officers or his deputies. The report shall state the name and address of the person bitten and the time and place such person was bitten.
3.18 Exhibition of license.
No person shall fail or refuse to exhibit the registration of any animal required by this chapter to be licensed when required to do so by the poundmaster.
3.19 Interference with animal control officers.
The animal control officers hired to patrol this city are hereby given the power and authority, and it is declared to be their duty to go upon unenclosed lots and or lands for the purpose of taking up and impounding any animal found running at large thereon, or staked, herded or grazed thereon contrary to any provision contained in this ordinance, notwithstanding any other provision of law or any local ordinance, an officer or employee of any animal control agency shall not seize or impound a dog for violation of an ordinance requiring a dog to be leashed or issue citations for violation of such ordinance when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession.
A dog that has strayed from but then returned to the private property of his owner or the person who has a right to control the dog shall not be seized or impounded, but in such a case a citation may be issued; provided, however, that if in such a situation the owner or person who has a right to control the dog is not home, the dog may be impounded, but the officer or employee of any animal control agency shall post a notice of such impounding on the front door of the living unit of the owner or person who has a right to control the dog. Such notice shall state the following: that the dog has been impounded, where the dog is being held, the name, address, and telephone number of the agency or person to be contacted regarding release of the dog, and an indication of the ultimate disposition of the dog, if no action to regain it is taken within a specified period of time by its owner or by the person who has a right to control the dog.
This section shall not otherwise affect existing authority to seize or impound a dog or issue citations, as a result of a dog being on property other than that owned by its owner or the person who has a right to control the dog.
No person shall interfere with the animal control officers in the performance of their official duties.
3.20 Removal of dead animals.
All dead animals located on public property shall be handled and removed by the animal control officer.
3.21 Cleanliness of premises where animals kept.
Every person owning or occupying premises where any animal, fowl, or bird is kept shall keep the stable, barn, stall, pen, coop, building, or place in which such animal is kept in a clean and sanitary condition.
3.22 Permitted number of dogs and cats in certain districts.
It shall be unlawful for anyone to keep, maintain, board or harbor more than three dogs or three cats over four months old on any lot or premises in residential districts in the city designated in the zoning ordinance of the city as one-family residence or R-1 districts, duplex residence or R-D districts, multiple residence or R-M districts in garden apartment developments or R-G districts, or residential estate or R-E districts.
The violation of this section is a misdemeanor.
3.22.1 Permitted number of other species.
Due to their potential to create a nuisance when allowed in large numbers because of noise, bodily waste odor or other unsanitary condition, it shall be unlawful for anyone to keep, board or harbor more than three chickens, geese, ducks, or turkeys or similar fowl within the city limits. (Ord. 98-9, § 1.)
3.23 Reserved for future legislation.
Article II. Dog Licenses.
3.24 License fee.
(a) Every person owning or having control, custody or possession of any dog within the city shall procure a license fee for such dog over four months of age. Dog licenses may be obtained between July 1 and August 31 for the licensing period beginning July 1 through June 30. The fee for such licenses shall be, except as provided in subsection (b), as provided in Solano County code section 4-425, and any amendments thereto, which pursuant to government code § 50022.9, is hereby incorporated by reference as though fully set forth.
In cases of lost or stolen license tags, the fee for duplicate tags shall be as established by resolution of the county board of supervisors. The license fee for new residents who possess valid licenses which expire on the same day as licenses provided herein shall be as established by resolution of the county board of supervisors per dog, upon payment of which a courtesy license in exchange for the non-city license shall be issued.
Any person failing to procure and pay the dog license until after the thirty-first day of August shall pay, as a penalty for such failure, in addition to the license fees, the fee as established by resolution of the county board of supervisors; provided, however, that such additional penalty shall not apply to the owner of any dog who brings such dog into the city after the thirty-first day of August, if such license is taken out within one month; nor shall any such penalty apply in the case where such dog is not yet four months of age on or prior to the thirty-first day of August, if such owner shall take out such license within one month after such dog shall have arrived at the age of four months; provided further that the license shall be prorated semi-annually.
The county animal control director, or other duly authorized person, shall collect in advance of the issuance of each dog license the fees required by this section.
(b) For the year July 1, 1986, through June 30, 1987, in addition to the fee provided for in subsection (a), there shall be imposed an additional fee of $1.00 per year for a dog that has been spayed or neutered and $2.00 per year for dogs which are not spayed or neutered.
(c) For the year July 1, 1987, through June 30, 1988, in addition to the fee provided for in subsection (a), there shall be imposed an additional fee of $2.00 per year for a dog that has been spayed or neutered and $4.00 per year for dogs which are not spayed or neutered.
(d) For each year after 1987/88, the additional fee imposed in subsection (c) shall increase an additional amount of $0.50 per year for a dog that has been spayed or neutered and $1.00 per year for a dog which is not spayed or neutered. For instance, the additional fee for a dog that is not spayed or neutered in 1988/89 shall be $5.00 and in 1989/90, it shall be $6.00.
3.25 Applications.
The application forms for a dog license shall bear the name and address of the owner of the dog, the sex, color and breed of the dog for which such license is applied, and shall be signed by the owner or his duly authorized agent. Upon the issuance of such license, the county tax collector, the poundmaster, or other duly authorized person shall endorse upon such application the number of the license tag issued. All such applications so endorsed shall be filed in the office of the county animal control director or other duly authorized person and shall be open at all times for public inspection.
The owner or person harboring, controlling, or having the custody of any registered dogs shall inform the county animal control director or other duly authorized person of any change of address.
3.26 Optional for cats.
Every person owning or having control, custody or possession of any cat within the city may procure a license for each such cat, four months of age, between July 1 and August 31 of each year. The procedures applicable to the licensing of cats shall be the same as those pertaining to the licensing of dogs under this chapter. The fee shall be as established by resolution of the county board of supervisors.
3.27 Issuance; renewal.
A dog license shall be issued upon the payment of fees set out in section 3.24 and shall be renewed and the fees due and payable prior to August thirty-first of each annual period.
3.28 Tags to be attached to dog’s collar, etc., description of tags.
The owner or person harboring, controlling or having custody of any dogs within the city shall procure a dog license and tag, and attach such tag to a collar, harness or other device to be permanently worn by the dog for which such license was issued.
Such tags shall be metallic and shall have a stamp thereon bearing the name of the county and the year of its issuance. They shall be numbered serially and each tag shall have its number stamped thereon.
3.29 Duplicate tags.
Whenever a dog license tag issued for the then current year by the county animal control director or other duly authorized person has been stolen or lost, the owner or possessor of the dog for which the same was issued, may, upon the payment of the amount as established by resolution of the county board of supervisors to the county animal control director or other duly authorized person, receive a duplicate tag for the remaining portion of the then current year.
3.30 License tax waived for certain dogs.
No license tax shall be required with respect to licenses and tags issued for dogs which have been specially trained and are principally used for the purpose of leading persons with defective eyesight.
3.31 Preparation and costs of application blanks for license tags.
The county animal control director is hereby authorized and requested to have prepared suitable application blanks and license tags to be issued to the owners of dogs or persons having dogs in their custody and control, or who harbor dogs within the city.
The cost of procuring the necessary tags and application forms for such licenses are hereby declared to be a charge against the county.
3.32 Fees allowable for issuing dog licenses.
Any person other than county employees authorized by the county animal control director or other duly authorized person to issue dog licenses shall receive, in full compensation for all services rendered, the sum as established by resolution of the county board of supervisors, per license issued, upon a claim verified by the county animal control director or other duly authorized person, filed and approved as other claims against the county.
3.33 Exhibition of licenses.
No person shall fail or refuse to show to any animal control officer, the poundmaster or any duly authorized person the license certificate and the tag for any duly registered dog kept or remaining within any home or upon any enclosed premises under his immediate control.
3.34 Unauthorized removal of tags, collars, etc.
No unauthorized person shall remove from any dog any collar, harness or other device to which is attached a registration tag for the current year, or remove such tag therefrom.
3.35 Applicability of article.
The provisions of this article shall not apply to any dog owned by or in the care of charge of a nonresident of the city who is traveling through the city or temporarily sojourning therein for a period not exceeding thirty days, nor to any dog temporarily brought into the city for the exclusive purpose of being entered in a bench show or dog exhibition; provided, that such dog is so entered and not kept elsewhere in the city.
3.36 Stray animals.
Every person, except an animal control officer taking up any stray animal or any such animal which is running at large contrary to the provisions of this chapter shall, within twenty-four (24) hours, Sundays and holidays excluded, give notice to humane animal services or any animal control officer of:
(a) The fact that he has such an animal in his possession.
(b) A complete description of such animal.
(c) The license number of such animal, if any, and by what county or municipal corporation issued. If the animal has no license, such person shall so state.
(d) The place where such animal is confined.
Every person and any person in whose custody such animal may in the meantime be placed shall deliver such animal to an animal control officer or the poundmaster, without fee or charge, and the poundmaster or animal control officer shall thereupon hold and dispose of such animal in the same manner as though such animal has been found at large and impounded by him. The provisions of this section shall not apply to any animal shelter maintained and operated under title I, division 2, part 4 of the corporations code of the state; provided, however, that any animal placed by such society must be licensed as required by this chapter.
Article III. Kennel Regulations.
3.37 Generally.
All kennels or other places where dogs are kept in the city for breeding, training, sale or other commercial purpose shall be so constructed as to prevent dogs confined therein from running at large off the premises where such kennel is maintained. Any such kennel shall be maintained, operated and constructed in a sanitary and proper manner so that the same will not become a nuisance to the neighborhood thereof. Dogs may be removed from kennels for training or treatment purposes; provided, that competent control and supervision is maintained over such dogs at all times.
3.38 License - Required; fee.
Every person owning or controlling a kennel or a place where are kept four or more dogs for breeding, training, sale or other commercial purposes, shall pay an annual license fee as provided in Solano County code section 4-501 for such kennel, which shall entitle the licensee to five animal license tags, to be issued in the name of the kennel. Such license fee shall be paid between the first day of July and the thirty-first day of August of each year and shall be a license for such kennel for the period of one year commencing the first day of July.
3.39 Same - Certificate from poundmaster.
No kennel license shall be issued until an animal control officer the poundmaster or other duly authorized person shall have first issued a certificate that the same is operated or is to be operated in accordance with the provisions of this article. Such certificate shall be presented to the county animal control director or other duly authorized person with an application for such kennel license.
3.40 License required when dogs removed from kennel.
Whenever a dog is removed from any kennel licensed under the provisions of this article, the owner of such dog shall forthwith apply for and obtain an annual license as otherwise required by this chapter.
3.41 Applicability of article.
The provisions of this article requiring the payment of an annual license fee shall not apply to an animal shelter maintained and operated under title 1, division 2, part 4, of the corporations code of the state.
Article IV. Beekeeping.
3.42 Definitions.
For the purpose of this article, the following words and terms shall be deemed to mean and to be construed as follows:
"Bees" mean honey-producing insects of the species Apis mellifera, including the adults, eggs, larvae, pupae or other immature states thereof, together with such materials as are deposited into hives by their adults, except honey and rendered beeswax.
"Hives" mean any receptacle or container made or prepared for the intended use of bees and/or storage of honey or brood, or box or similar container of which bees have taken possession.
"Wild swarms of bees" means any colony of bees which becomes established upon a lot or parcel or in anything other than a hive.
3.43 Permit required.
No person shall keep or maintain any hive of bees on any lot or parcel within the city without first obtaining a permit in accordance with this article.
3.44 Criteria for approval.
Applicant shall declare under penalty of perjury that the location for the beehive(s) sought is and at all times will be maintained in conformity to each and every one of the following criteria:
(1) No more than two hives shall be maintained on any lot or parcel.
(2) The owner’s name, address and location of all such hives shall be registered with the office of the Solano County agriculture commission.
(3) No hive shall be kept or maintained within 10 feet of any side property line on the lot or parcel upon which such hives are situate, or within 50 feet of any dwelling unit other than that occupied by the person maintaining the hive or hives.
(4) No hive shall be kept or maintained within any required front or side setbacks.
(5) All hives shall be oriented so that their entrances face a house or building on the premises and shall be surrounded by a solid fence not less than six feet in height, located no farther than thirty feet from such hives. Said fence may be open on that side facing a house or building on the premises.
(6) A constant water supply adequate to the needs of all hives located on the premises shall be maintained on those premises.
(7) No hive shall be kept or maintained with 200 feet of a dwelling occupied by any person systemically allergic to bee stings.
(8) No hive shall be kept or maintained on any lot or parcel which adjoins a lot or parcel that is occupied by any person systemically allergic to bee stings.
3.45 Adhering to criteria.
The criteria set forth in sections 3.44, 3.46, and 3.47 shall be deemed to be conditions of any administrative permit for the placement of beehive(s), and failure to adhere to said criteria shall be a violation of this article.
3.46 Beehives situate in the A Agricultural, Industrial, Manufacturing districts and PD districts.
Notwithstanding the provisions of sections 3.43 and 3.44, beehives may be kept or maintained without the issuance of a permit on lots or parcels situate in the NRC, A agricultural, industrial, manufacturing districts, and PD districts zoned for such uses (excluding, however, such lots or parcels being used for residential or commercial legal nonconforming uses) provided such beehives are situate more than one hundred fifty feet from any dwelling, excluding the dwelling on the lot or parcel whereon such hives are situate, and at least one hundred feet from any public street or roadway or public access; provided, however, the requirements of section 3.44, (2), (4), and (6) shall apply.
3.47 Exceptions.
The city council finds that the maintenance of beehives within the city not in compliance with the regulations contained in sections 3.43, 3.44, and 3.46 constitutes a public nuisance. The regulations contained in said sections are adopted for the general welfare of the residents of the city. The regulations are primarily adopted for the purpose of enhancing the welfare of residents of properties adjoining lots or parcels upon which beehives are maintained, and such persons are found to be specifically affected by the maintenance of such beehives. Therefore, the requirements of subsection (3), (7) and (8) of section 3.44, or the distance restriction set forth in section 3.46, shall not be applicable if the person desiring to maintain the hive, or hives, shall file with the director of planning and development the written consent of the residents of the adjoining properties and/or dwelling units from which the distance limitations contained in subsection (3), (7) and (8) of section 3.44 and section 3.46 are to be measured. Such written consent may be revoked by the grantor or successor resident following at least thirty days’ written notice to the person in control of such hive or hives, and by filing a copy thereof with the director of planning and development.
3.48 Administrative permit.
An administrative permit shall be issued by the director of planning and development for uses specified by this article where such use meets criteria for assuring that the use does not create such potential impact on residents of properties adjoining lots or parcels upon which beehives are maintained.
3.49 Application requirements.
A written application for an administrative permit under this article shall be filed with the department of planning and development upon the form provided by city. Said application shall be signed by an owner or lawful tenant of the lot or parcel for which the application is submitted.
3.50 Approval.
A permit shall be granted by the director only if all of the criteria for the use specified in this article are met. The criteria for an administrative permit for such use are set forth in sections 3.44, 3.46, and 3.47 of this article.
3.51 Denial of the permit.
The director shall deny the application for the administrative permit unless each and every one of the criteria set forth for the use in this article is satisfied.
3.52 Notification of denial.
Whenever an administrative permit is denied hereunder, the director shall notify the applicant in writing of the grounds upon which such denial is based.
3.53 Revocation of permit.
The director may issue a notice of noncompliance for any failure to comply with this article, or for failure to comply with any state law or local ordinance if the use creates a public or private nuisance or in any way adversely affects the peace, health, safety, or welfare of the community. Such notice shall be sent by certified mail to the permit holder at the address shown on the permit.
3.54 Order to show cause.
If the noncompliance, nuisance or adverse effect is not abated, corrected or rectified within the time specified in said notice, the director may issue an order to show cause why such permit shall not be revoked. Such order shall be served on the permit holder personally or sent by certified mail to the address listed in the permit. It shall set forth the date of a hearing, while shall be not less than ten days from the date of service of such notice, unless the director finds that public health or safety requires immediate action, in which case the hearing may be sooner.
3.55 Hearing for revocation or denial of renewal.
A hearing shall be held by the director during which the permit holder and any other interested party may present evidence. After considering all evidence presented, the director shall determine if there is good cause and sufficient grounds to revoke such permit. A written order stating the basis for the decision shall be issued. If the permit is revoked, the permit holder shall have ten days to terminate the use on the premises. The decision of the director shall be final.
3.56 Fees.
Fees for the administrative permit shall be set forth in the schedule of fees established by resolution of the city council. No application shall be accepted as complete until all fees so imposed have been paid.
3.57 Nontransferability.
A permit issued hereunder may not be transferred or assigned.
3.58 Wild swarms of bees.
No person shall keep, maintain, or allow to remain on any lot or parcel which such person owns and/or resides any wild swarms of bees.
3.59 County Animal Control Ordinance Adoption.
It is the intent of the city to continue to utilize the services of the County of Solano with respect to the impoundment of animals at the county pound. In this regard, Chapter 4 of the Solano County Code and Ordinances 1101 and 1160 amending said chapter are adopted in their entirety by the city council as they apply to the appointment of a poundmaster, charges, fees, etc. To the extent that any of the provisions of the county ordinance are in conflict with or contrary to the provisions contained herein, the provisions contained in this ordinance shall be controlling. (Ord. No. 85-39, § 1; Ord. No. 86-31, § 2.)
Article V. Animal Nuisances.
3.60 Purpose.
(a) The keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by its bodily waste odor, unsanitary condition or habitual howling, helping, barking or other noise disturbs the comfort, peace or quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area is declared to be a public nuisance and is hereby prohibited. Such nuisance shall be abated in accordance with the procedure set forth in this article.
(b) The purpose of this article is to provide a procedure for the enforcement of:
(1) Section 3.60 of this code, which prohibits the keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which by its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise disturbs the comfort, peace or quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area; and,
(2) Which provides that every person owning or occupying premises where any dog, cat or fowl is kept shall keep the place in which such animal is kept in a clean and sanitary condition and free of bodily waste odor. Any property found to be maintained, used or allowed to be maintained or used in violation of Section 3.60 is declared to be a public nuisance and may be abated pursuant to the procedures set forth in this article.
The declaration of a nuisance and the procedures for abatement set forth in this article shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law. Further, this article shall not preempt or preclude a person from filing a civil lawsuit seeking to abate as a private nuisance an animal that causes annoyance or discomfort to such person by such animal’s bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise.
3.61 Definitions.
As used in this article, the following words and phrases shall have the following meanings, unless the context shall indicate another or different meaning or intent:
(a) "Animal control officer" means any person or entity designated under this article as the animal control officer for the city, including, but not limited to, any police officer or city employee designated to enforce the animal control regulations of this article.
(b) "Animal that habitually howls, yelps, barks or makes noise" does not include an animal that howls, yelps, barks or makes noise by reason of provocation by a person other than the animal’s owner.
(c) "Costs of abating a public nuisance" shall include all costs incurred by the city in abating the nuisance. Such costs shall include, but are not limited to, the salary costs of the animal control officer, the hearing officer and other city employees involved in the abatement process.
(d) "Hearing officer" means the person appointed by the Chief of Police to serve as the hearing officer under this article.
(e) "Owner" means the owner, keeper, or person or persons having custody, control or possession of an animal.
(f) "Petition" means either:
(1) A writing in which it is asserted by three or more persons having separate residences in a neighborhood that an animal is a public nuisance by reason of its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise; or
(2) A writing in which it is asserted by one or more residents in a neighborhood that an animal is a public nuisance by reason of its bodily waste odor, unsanitary condition or habitual howling, yelping, barking, or other noise, and
(aa) Such resident(s) can demonstrate to the satisfaction of the animal control officer that the resident(s) has made a good faith effort to obtain the signatures of other residents or can demonstrate that it is not possible to obtain such other signatures, as in the case where there are three or less occupied residences in the neighborhood.
(bb) Such resident(s) has provided the animal control officer with adequate and competent evidence in support of the claim that the subject animal is a public nuisance; and
(g) "Public nuisance" or "nuisance" means the keeping or harboring of any dog, cat or other animal or fowl, whether licensed or not, which:
(1) By habitual howling, yelping, barking or other noise disturbs the peace and quiet of nearby property or which would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area; or
(2) By its bodily waste odor, or other unsanitary condition such as, but not limited to, insect infestation, would cause annoyance or discomfort to a reasonable person of normal sensitivity in the area.
3.62 Notice to owner to abate nuisance.
(a) Whenever a petition has been filed with the animal control officer, the animal control officer shall determine whether the petition appears to set forth a valid complaint of a public nuisance. If he/she determines that the petition appears to be valid, he/she shall:
(1) Notify the owner that the petition has been received; and
(2) Investigate whether the animal in question constitutes a public nuisance by reason of its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise.
(b) Following such investigation, if the animal control officer determines that the animal in question constitutes a public nuisance by reason of its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise, the animal control officer shall notify the owner that the animal is a public nuisance and that such nuisance must be abated within a reasonable time as determined by the animal control officer.
(c) If the owner fails to abate the public nuisance within the time specified by the animal control officer, the animal control officer may either:
(1) Issue a citation to the owner; or
(2) Refer the matter to the hearing officer for a hearing in accordance with Section 3.65.
3.63 Inspection.
Whenever it is necessary to make an inspection to enforce any of the provisions of this title, including but not limited to, Section 3.60 of this code, such inspection may be made in accordance with Section 3.72 of this code.
3.64 Temporary impoundment of animal.
(a) The animal control officer shall have the power to temporarily impound an animal if:
(1) After making a good faith effort, he or she is unable to contact the animal’s owner and determines, at the time of inspection, that the noise or odor created by the animal cannot be immediately abated and the peace and comfort of the neighborhood restored; or
(2) Determines, at the time of inspection, that the noise or odor created by the animal cannot or will not be abated by the animal’s owner and the peace and comfort of the neighborhood restored; or
(3) Determines that the public nuisance has not been abated within the time specified by the animal control officer in accordance with subsection (b) of Section 3.62 of this article.
Such inspection and impoundment shall be made in compliance with the provisions of Section 3.63 and 3.64 of this article. A hearing shall be held in compliance with Section 3.65 of this article to determine if such animal is a public nuisance.
(b) The owner of the animal shall be responsible for all costs of impounding the animal, including but not limited to, daily impoundment fees and any costs incurred in providing care and maintenance of the animal.
(c) An owner who refuses or fails to surrender an animal to the animal control officer as provided in subsection (a) of this section shall be guilty of a misdemeanor.
(d) In lieu of impounding the animal, the animal control officer may permit the animal to be confined by the owner at the owner’s expense in an approved kennel or veterinary facility in accordance with the provisions of subsection (d) of Section 3.74 of this code.
3.65 Hearing procedures.
(a) Hearings. The hearing officer shall conduct a hearing to determine whether or not the animal is a public nuisance. The hearing shall be conducted in an informal manner and shall afford the owner an opportunity to present evidence as to why the animal should not be declared to be a public nuisance. The hearing is an administrative process to which the formal rules of evidence do not apply. Notice of the time and place of the hearing shall be served upon the owner, either personally or by prepaid first-class mail, not less than five working days prior to the hearing. If, after notice, the owner fails to appear at the hearing, the hearing officer may proceed with the hearing and render a determination in the owner’s absence.
(b) Recording. The proceedings at the hearing may be tape recorded if ordered by the hearing officer or requested by the owner of the animal. A stenographic report shall also report the proceedings if ordered by the hearing officer or requested by the owner, with the costs thereof to be borne by the person making the order of request.
A copy of the tape recording or a transcript of the proceedings shall be made available to any person upon request and upon payment of the cost of preparation thereof.
(c) Evidence. In making a determination that an animal is or is not a public nuisance, evidence of the following may be considered:
(1) The petition filed pursuant to Section 3.62 of this article;
(2) The testimony of persons residing or working in the area of the place where the animal is kept;
(3) The testimony of the animal control officer;
(4) The testimony of any police officer, community service officer, code compliance officer, or other city employee having contact with the animal or its owner;
(5) Video or tape recordings of the animal or of the place where the animal kept;
(6) Any previous complaints, abatement orders, citations, or convictions regarding maintenance of a public nuisance by the owner by reason of an animal’s bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise;
(7) The nature and extent of the bodily waste odor, unsanitary condition or noise created by the animal;
(8) The manner in which the animal had been maintained by its owner;
(9) The presence or absence of any provocation for the habitual howling, yelping, barking or other noise;
(10) Whether the animal can be effectively trained or retrained to change its behavior;
(11) Whether the odor, unsanitary condition or noise can be eliminated.
(12) Any other relevant evidence regarding the ability of the owner to preserve the peace and comfort of the neighborhood if the animal is permitted to remain in the city.
(d) Public nuisance declared. The hearing officer, after a hearing, may declare an animal to be a public nuisance whenever it has, by its bodily waste odor, unsanitary condition or habitual howling, yelping, barking or other noise disturbed the comfort, peace or quiet of nearby property or has caused annoyance or discomfort to a reasonable person of normal sensitivity in the area.
3.66 Disposition of public nuisance.
(a) The hearing officer shall order the owner of an animal that has been determined by the hearing officer to be a public nuisance to abate the nuisance at the direction of the hearing officer within a reasonable period of time. The owner shall be responsible for all costs associated with the abatement process, subject to the monetary limitations set forth in subsection (b) of this section. The methods, measures or means for abating the public nuisance shall be determined by the owner. Reimbursement of the abatement costs shall be paid within thirty days from the date of invoice or within an extended period of time agreed to by the hearing officer.
(b) Reimbursement of the city’s cost of abatement shall be charged pursuant to a fee Resolution adopted by the City Council.
(c) The hearing officer may order the owner to remove the animal from the city by a date certain of the owner:
(1) fails to abate the public nuisance within the time period specified by the hearing officer,
(2) fails to reimburse the costs of abating the public nuisance, or
(3) permits, suffers, or allows the public nuisance to occur again.
If the owner fails to remove the animal from the city by such date, the hearing officer may impound the animal and not permit the reclaiming or redemption of the animal by the owner unless adequate arrangements acceptable to the hearing officer have been made by the owner to ensure abatement of the public nuisance. Such arrangements shall be agreed to in writing between the owner and the hearing officer prior to and as a condition of release of the animal to its owner. If such agreement is not made and executed within thirty days from the date of impoundment, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal.
(d) If the written referred to in subsection (c) of this section is made and is subsequently breached by the owner, the hearing officer may immediately impound the animal and not permit the reclaiming or redemption of the animal by the owner unless the owner can make adequate, written assurances acceptable to the hearing officer that the owner shall commit no further violations of the agreement. If such further assurances are not made and executed within thirty days from the date of impoundment, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal.
(e) The owner of the animal that has been impounded pursuant to this section shall be responsible for all costs of impounding the animal, including but not limited to, daily impoundment fees and any costs incurred in providing care and maintenance to the animal. Such fees and costs shall be in addition to the cost of abatement provided for in subsections (a) and (b) of this section.
(f) Any decisions made by the hearing officer shall be final. Any person having any objection to any decision by the hearing officer must bring an action in a court of competent jurisdiction within thirty days after the decision by the hearing officer, otherwise all objections shall be deemed waived. (Ord. No. 2008-04, § 1.)
3.67 Enforcement and penalties.
(a) Failure to comply. It is unlawful for the owner of an animal that has been deemed to be a public nuisance pursuant to the provisions of this article to fail to comply with the requirements set forth in this article. Each day such violation is committed or permitted to continue after notification to cease and desist shall constitute a separate offense and each subsequent violation shall be punishable as provided in this article.
(b) Ownership of animals.
(1) Any person convicted in a municipal court of violating or permitting violations of any provision of this article shall, upon a subsequent conviction, be prohibited from keeping or harboring within the city an animal of the type, species, group or family to which the conviction applies (including the animal initially causing the nuisance) for a period of three years from the date of such subsequent conviction.
(2) Any person failing to comply with the hearing officer’s order to abate a public nuisance shall be prohibited from keeping or harboring within the city an animal of the type, species, group or family to which the order applied
(including the animal initially causing the nuisance) for a period of three years from the date of noncompliance; provided, however, that a hearing conducted in accordance with section 3.65 of this article is first held to determine that a failure to comply has occurred.
(c) Misdemeanor citations. Any person violating or permitting the violation of any provision of this article shall, upon conviction in municipal court, be guilty of a misdemeanor.
(d) Enforcement. Any provision of this article may be enforced by the police department, the animal control officer or any authorized designee of the Chief of Police. Complaints of any violations of this article which are subject to penalties under this section may be presented to the District Attorney’s Office or to the City Attorney for prosecution.
(e) Nuisance abatement lien. The costs of abating a public nuisance pursuant to the provisions of this article may be recovered from the owner of the animal causing the public nuisance. If the owner fails to pay such costs within thirty days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer, the costs may be collected by a nuisance abatement lien, as provided by section 38773.1 of the California Government Code. Notice of the lien shall be given to the owner of record of the parcel of land on which the nuisance is maintained prior to recordation of the lien and in the manner specified in said section 38773.1.
(f) Penalties and remedies cumulative. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The city may, in its discretion, elect to pursue any one or more of the penalties or remedies provided for herein or at law or in equity.
3.68 Exceptions.
The provisions contained in this article shall not apply to:
(a) Any dog while utilized by any police department or any law enforcement officer in the performance of police work.
(b) Any animal shelter owned, operated or maintained by the animal control officer; or
(c) Any licensed kennel, humane society shelter, animal control facility or veterinarian. (Ord. No. 98-10, §4; Ord. No. 98-24, §1.)
Article VI. Dangerous Animals.
3.70 Purpose.
The keeping of an animal defined as dangerous under this article shall be declared a public nuisance and shall be abated in accordance with the provisions of this article. The procedure for abatement set forth in this article shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law including, but not limited to, California Civil Code section 3342.5. Further, this article shall not preempt or preclude a person from filing a private lawsuit seeking to abate as a private nuisance an animal that is dangerous. (Ord. No. 98-24, §2.)
3.71 Definitions.
As used in this article, the following words and phrases shall have the following meanings, unless the context shall indicate another or different meaning or intent:
(a) "Abuse" or "abused" animal means any animal which is:
(1) Mistreated, beaten, tormented or teased;
(2) Deprived of water, food or shelter;
(3) Kept under unsanitary conditions;
(4) Abandoned; or
(5) Trained for fighting or attacking other animals or human beings.
(b) "Animal control officer" means any person or entity designated under this article as the animal control officer for the city, including, but not limited to, any police officer or city employee designated to enforce the animal control regulations of this article.
(c) "Dangerous animal" means any of the following:
(1) Any animal seized under section 599aa of the California Penal Code and upon the sustaining of a conviction of the owner under subdivision (a) of section 597.5 of the California Penal Code.
(2) Any animal which, when unprovoked, inflicts injury on or kills a human being.
(3) Any animal which, when unprovoked, engages in aggressive conduct requiring defensive action by any person to avoid bodily injury.
(4) Any animal which has killed or injured a domestic animal.
(d) "Enclosure" means a fence or structure of at least six feet in height forming or causing an enclosure suitable to prevent the entry of young children and suitable to humanely confine an animal with adequate exercise area, and posted with an appropriate warning sign, in conjunction with other measures which may be taken by the owner of the animal. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to section 597t of the California Penal Code.
(e) "Hearing officer" means the person appointed by the Chief of Police to serve as the hearing officer under this article.
(f) "Impounded" means taken into the custody of the animal control officer or the county animal shelter.
(g) "Owner" means the owner, keeper or person having custody, control or possession of an animal.
(h) "Person" means a natural person or any legal entity, included but not limited to, a corporation, firm, partnership or trust.
(i) A "dangerous animal" does not mean any animal in a situation in which it is shown that the person or domestic animal suffering the injury or damage had, at the time of the injury or damage:
(1) Provoked, tormented, teased, abused or assaulted the animal into the behavior alleged;
(2) Committed a willful trespass or other tort upon the private property of the owner of the animal;
(3) Committed or attempted to commit a crime; or
(4) Threatened or committed an unjustified attack or assault against the owner or person in control of the animal. (Ord. 98-24, § 2.)
3.72 Inspection.
Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this article, or whenever any police officer or animal control officer has probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this article or other applicable law, a police officer or animal control officer is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon a police officer or any animal control officer by this code or other applicable law; provided, that:
(a) If such property is occupied, he/she shall first present proper credentials to the occupant and request entry explaining the reasons therefore. If such entry is refused, the police officer or animal control officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property including an inspection warrant.
(b) If such property is unoccupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry, explaining the reasons therefore. If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence, the police officer or animal control officer shall have recourse to every remedy provided by law to secure lawful entry and inspect the property including an inspection warrant.
(c) Notwithstanding the foregoing, if a police officer or animal control officer has probable cause to believe that the keeping or maintaining of any animal is so dangerous as to require immediate inspection to safeguard the animal or the public health or safety, he/she shall have the right immediately to enter and inspect such property, and may use any reasonable means required to effect such entry and make such inspection, whether such property be occupied or unoccupied and whether or not permission to inspect has been obtained. If the property be occupied, he/she shall first present proper credentials to the occupant and demand entry, explaining the reasons therefore and purpose of the inspection.
(d) No person shall interfere with, hinder, fail or refuse, after proper demand has been made upon him or her as provided in subsection (c) of this section, to permit any police officer or animal control officer to make any inspection provided by subsection (c) of this section. Any person violating this section may be charged with a misdemeanor.
3.73 Animals at large.
(a) A person who owns or is in charge of or controls or who possesses an animal who permits, allows, or causes the animal to run, stray, be uncontrolled or in any manner be in, upon, or at large upon a public street, sidewalk, park or other public property or in or upon the premises or private property of another person shall be guilty of a misdemeanor if such animal bites, attacks or causes injury to any human being or other animal.
(b) Any person so convicted of violating subsection (a) of this section shall not own, possess, control or have custody of any animal of the type, species, group or family which caused the bite, attack or injury for a period of three years after the date of conviction.
3.74 Temporary impoundment or confinement.
(a) The animal control officer shall have the power to summarily and immediately impound an animal where there is evidence that the animal is an immediate danger to public safety pending:
(1) Any court proceeding, or
(2) A hearing to be held pursuant to Section 3.75 of this article.
The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal if the animal is later determined to be dangerous.
(b) Failure to surrender to the animal control officer upon demand an animal which is subject to being impounded pursuant to this section shall be a misdemeanor.
(c) An animal impounded pursuant to the authority of this section shall be returned to the owner as provided by Section 3.77 of this article, or when the animal is no longer required as evidence, or if a notice of a hearing pursuant to Section 3.75 of this article to declare the animal a dangerous animal has not been served on the owner or custodian within ten working days after the impoundment.
(d) In lieu of impounding, and if not contrary to public safety, the animal control officer may permit the animal to be confined at the owner’s expense in an animal control officer-approved dog kennel or veterinary facility or at the owner’s residence provided the owner:
(1) Shall not remove the animal from the kennel, veterinary facility, or residence without the prior written approval of the animal control officer; and
(2) Shall make the animal available for observation and inspection by the animal control officer or members of law enforcement or their authorized representatives. The animal control officer shall dictate to the owner or custodian the exact way the animal is to be restrained while awaiting the hearing.
(e) The animal control officer may have an animal that has been impounded or confined to be permanently identified by means of photo identification prior to release from impoundment or confinement.
(f) If there is no reasonable method available to determine ownership of the animal, then the animal may be considered a stray. (Ord. No. 98-24, §2.)
3.75 Hearing procedures.
(a) Petition. If the animal control officer has investigated and determined that there exists probable cause to believe that an animal is dangerous, the animal control officer shall petition the hearing officer for a hearing for the purpose of determining whether the animal should be declared dangerous.
(b) Notice. The hearing officer shall notify the owner of the animal that a hearing will be held, at which time the owner may present evidence as to why the animal should not be declared dangerous. The notice, together with a copy of the petition, shall be served upon the owner, either personally or by prepaid first-class mail, return receipt requested. The hearing shall be held promptly within no less than five working days nor more than ten working days after service of the notice on the owner of the animal.
(c) Conduct of hearing. The hearing officer shall conduct the hearing in an informal manner and shall afford the owner of the animal an opportunity to present evidence as to why the animal should not be declared dangerous. The formal rules of evidence shall not apply; however, whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer to find probable cause shall be sworn to and verified by the complainant and attached to the petition filed by the animal control officer. The hearing officer may admit into evidence all relevant evidence, including incident reports and the affidavits or declarations of witnesses; limit the scope of discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing when not testifying; exclude disorderly or disruptive persons from the hearing; and make other orders necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be open to the public.
(d) Recording. The proceedings at the hearing may be tape recorded if ordered by the hearing officer or requested by the owner of the animal. A stenographic report shall also record the proceedings if ordered by the hearing officer or requested by the owner, with the costs thereof to be borne by the person making the order or request. A copy of the tape recording or transcript of the proceedings shall be made available to any person upon request and upon payment of the cost of preparation thereof.
(e) Failure to appear. The hearing officer may decide all issues for or against the owner of the animal even if the owner fails to appear at the hearing.
(f) Determinations of dangerous animals - Evidence. In making a determination that an animal is or is dangerous, evidence of the following shall be considered:
(1) Any previous history of the animal attacking, biting or causing injury to a human being or other domestic animal;
(2) The nature and extent of injuries inflicted and the number of victims involved;
(3) The place where the bite, attack or injury occurred;
(4) The presence or absence of any provocation for the bite, attack or injury;
(5) The extent to which property has been damaged or destroyed;
(6) Whether the animal exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;
(7) Whether the animal exhibits any characteristics aggressive or unpredictable temperament or behavior in the presence of human beings or other domestic animals;
(8) Whether the animal can be effectively trained or retrained to change its temperament or behavior;
(9) The manner in which the animal had been maintained or cared for by its owner;
(10) Any other relevant evidence concerning the maintenance or care of the animal; and
(11) Any other relevant evidence regarding the ability of the owner or the animal control officer, to protect the public safety in the future if the animal is permitted to remain in the city.
(g) Dangerous animal declared. After the hearing, the hearing officer may find, upon a preponderance of the evidence, that the animal is dangerous and may make other orders authorized by this article and other law. (Ord. No. 98-24, §2.)
3.76 Notification and appeal.
After the hearing conducted pursuant to section 3.75 of this article, the owner of the animal shall be notified in writing of the determination and orders issued, either personally or by first-class mail postage prepaid by the hearing officer. If a determination is made that the animal is dangerous, the owner shall comply with the hearing officer’s determination and orders in accordance with a time schedule established by the hearing officer, but in no case more than thirty days after the date of the determination or thirty-five days if notice of the determination is mailed to the owner of the animal. If the animal control officer or the owner of the animal contests the determination, he or she may, within five days of the receipt of the notice of determination, appeal the decision to the Superior Court of California, County of Solano as provided in California Food and Agricultural Code section 31622. (Ord. No. 98-24, § 2.)
3.77 Dangerous animals - disposition.
(a) The owner of an animal which has bitten any person or a domestic animal, or has otherwise been determined, after a hearing, to be dangerous, may be required as a condition of the release of the animal from confinement or impoundment, in addition to paying all costs of any impoundment, to comply with the written disposition of the hearing officer which contains any or all of the following conditions requiring the owner:
(1) Registration. To immediately register the animal that is found to be dangerous with the animal control officer to comply with the animal control officer’s requirements for dangerous animal (including, but not limited to, requiring the animal to wear a visible, dangerous animal tag), and to keep such animal properly vaccinated at all times. The fee to keep or maintain one dangerous animal shall be fifty dollars for a twelve-month term, and the fee for each additional dangerous animal shall be twenty-five dollars. The fee shall be paid for each twelve-month term. Should the animal die in any twelve-month term, the owner shall notify the animal control officer of the death within two working days of the death.
(2) Confinement. To keep the animal securely confined on its premises in a locked enclosure approved by the hearing officer or the animal control officer from which the animal cannot escape and into which children cannot trespass. Such a kennel or structure must have secure sides and a secure top attached to the sides. All structures used to confine a dangerous animal must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. All structures erected to house a dangerous animal must comply with all zoning and building regulations of the city. All such structures must be adequately lighted, ventilated, and kept in a clean and sanitary condition;
(3) Confinement while on leash. To keep the animal securely muzzled, restrained by a substantial leash of appropriate length and under the control of a responsible person eighteen years of age or older who is physically capable of restraining the animal when the animal is not contained in a locked, secure enclosure;
(4) Spay or neuter the animal. To have the animal spayed or neutered by a licensed veterinarian and to present proof to the animal control officer;
(5) Insurance. To provide and maintain financial responsibility for injuries to the public by obtaining and showing proof of liability insurance in the form and amount deemed to be acceptable by the Chief of Police/hearing officer in light of all the circumstances. Such insurance policy shall provide that no cancellation of the policy will be made unless ten days written notice is first given to animal control and the City Clerk’s Office;
(6) Notification. To immediately inform any city, county, postmaster or utility company meter readers and anyone else that lawfully comes onto the property, of the animal’s dangerousness and to inform animal control and/or the Chief of Police if the animal is moved to another location inside or outside the city limits as provided in section 3.78 of this article;
(7) Signs. To display in a prominent place on the premises a sign easily readable by the public using the words “Beware of Dog” or “Beware of Animal” in letters at least three inches high;
(8) Numbers and tattoo. To have a registration number assigned to such animal tattooed by a licensed veterinarian on the animal’s inner thigh or inserted by a licensed veterinarian under the animal’s skin by means of an electronic identification device. The manner and method of identification to be used hereunder shall be determined by the hearing officer. For the purpose of this section, “tattoo” shall be defined as any permanent numbering of an animal by means of indelible or permanent ink;
(9) Inspection. To consent and agree to the entry upon the premises to any police officer or animal control officer for the purpose of inspecting the animal and/or premises;
(10) Payment of cost. To make reasonable payment of costs incurred by the city and animal control agent in the hearing process pursuant to a fee Resolution adopted by the City Council.
(11) Other. To take any other steps deemed reasonably necessary to prevent injuries to the public.
The owner of the animal shall comply with the conditions imposed by the hearing officer within the time limit specified in section 3.76 of this article.
(b) All owners of dangerous animals must within ten days of the effective date of the ordinance codified in this article provide the animal control officer with two photographs (color) of the registered animal clearly showing the color and approximate size of the animal.
(c) No dangerous animal shall be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or screen doors are the only obstacle preventing the animal from exiting the structure.
(d) If, following the hearing, the subject animal is found to be dangerous and such a threat to public safety that even if reasonable conditions were imposed to release the animal to the owner, it would create a significant threat to the public health, safety, or welfare, such animal may be destroyed as permitted under California Food and Agricultural Code section 31645 or its successor provisions. Such remedy shall be in addition to all other remedies at law or in equity and shall not limit or restrict such other remedies, including, but not limited to, subsection 3.79(a), which authorizes the hearing officer to order an animal destroyed for violation of this article or failure to meet a condition imposed by the hearing officer.
(e) Any decisions made by the hearing officer shall be final.
(f) If, after notice, the owner of an impounded animal fails to appear or be represented at the required hearing, then the animal may be considered abandoned. If the subject animal does not appear to be validly licensed and no owner can be found, and if the animal has been determined to be dangerous, then the animal may be considered abandoned and may be handled in the same manner as any other unclaimed stray animal.
(g) If such an unlicensed animal has not been determined to be dangerous, it shall be returned to the owner, subject to the issuance of a citation for failure to obtain a license. A nondangerous stray animal will be handled as any other stray animal.
(h) In such cases where an impounded licensed animal is found to be dangerous, the animal may be released subject to the conditions set forth in subsection (a) of this section. (Ord. No. 98-24, § 2; Ord. No. 2008-04, § 2.)
3.78 Transfer and training of dangerous animals.
(a) Sale or transfer within city. No person shall sell, transfer or in any other way dispose of an animal deemed dangerous under this article to any person within the city unless the recipient person resides permanently in the same household and on the same premises as the owner of such animal.
(b) Sale or transfer outside city. The owner of an animal that has been deemed dangerous under this article may sell, transfer, or otherwise dispose of such animal or the offspring thereof to persons who do not reside within the city, provided the owner first notifies the hearing officer and the animal control officer of the proposed sale or transfer. Such notice shall be given not less than fifteen days in advance of the sale or transfer and shall specify the name and address of the recipient person. Upon receipt of such notice, the hearing officer or the animal control officer may notify the governmental jurisdiction in which the recipient person is located or resides. Failure to comply with these notification provisions shall be grounds for immediate impoundment of the animal by the animal control officer.
(c) Sale or transfer into city. It shall be unlawful for a person to possess, own or control any animal for the purpose of either temporary or permanent care in the city limits that has been deemed by another governmental jurisdiction to be potentially dangerous, dangerous, vicious, or a threat to the safety of human beings or domestic animals. The animal control officer may order the person having possession, ownership or control of the animal to remove the animal immediately from the city. Should such person fail to comply with the animal control officer’s order, the animal control officer may summarily and immediately impound the animal. The owner of the animal shall be liable for the costs and expenses of impounding and keeping the animal. Such impounded animals may then be disposed of in accordance with the provisions of this article.
(d) Fighting training and animal abuse prohibited. It shall be unlawful to use, train, keep, harbor, own or in any way possess or transport through the city an animal for the purpose of animal fight exhibitions. Scars and wounds are refutable evidence of participation in animal fight exhibitions or training. “Fight training” is defined to include, but not limited to:
(1) The use or possession of treadmills for fight training;
(2) Actions designed to torment, badger or bait any animal for purpose of encouraging said animal for fight exhibitions;
(3) The use of weights on the animal for fight training;
(4) The use of other animals for blood sport training;
(5) Any other activity, the primary purpose of which is the training of animals for aggressive or vicious behavior or animal fight exhibitions.
It shall further be unlawful for anyone to knowingly abuse any animal within the city limits.
(e) Rewards. Subject to the budgetary and fiscal provisions of the city code, the city is authorized to offer rewards not exceeding $250 to any person providing information leading to the arrest of any person for violations of prohibitions against the training of an animal for fight exhibitions. The city council may authorize said rewards by resolution upon the request of the city manager, animal control officer or the mayor. (Ord. No. 98-24, §2.)
3.79 Enforcement and penalties.
(a) Failure to comply. It is unlawful for the owner of an animal deemed dangerous under this article to fail to comply with the requirements and conditions set forth in this article. Any animal found to be the subject of a violation of this article or of any condition imposed by the hearing officer pursuant to Sec. 3.77 of this article shall be subject to immediate seizure and impoundment. In addition, failure to comply will result in the immediate removal of the animal from the city and may result in destruction of the animal. No such animal, however, may be destroyed until the owner of the animal has received written notice from the hearing officer that the animal will be destroyed unless, within fourteen days from the date of the notice:
(1) The owner has demonstrated to the satisfaction of the hearing officer that the owner has fully complied with the requirements and conditions set forth in this article, including, but not limited to, the conditions imposed by the hearing officer pursuant to Section 3.77 of this article.
(2) The owner has filed in a court of competent jurisdiction a petition that seeks to stay destruction of the animal and has served a copy of such petition upon the hearing officer.
The notice from the hearing officer shall be served upon the owner either personally or by prepaid first-class mail. If, after fourteen days from the date of such notice, the owner has not complied with the provisions of subdivisions (1) or (2) of this subsection, the hearing officer may, without further notice or process, have the animal destroyed.
(b) Violations and penalties. Any violation of this article involving a dangerous animal shall be a misdemeanor punishable by a fine not to exceed one thousand dollars.
(c) Ownership of dangerous animals. The owner of an animal determined to be dangerous under this article shall be prohibited from owning, possessing, controlling or having custody of any other animal of the type, species, group or family to which the violation applies for a period of three years from the date of violation when it is found after the hearing conducted pursuant to section 3.75 of this article that ownership or possession of such animal by that person would create a significant threat to public health, safety or welfare.
(d) Enforcement. Any provisions of this article may be enforced by the police department, fire department, the animal control officer or any authorized designee of the Chief of Police. Complaints of any violations of this article which are subject to penalties under this section may be presented to the District Attorney’s Office or to the City Attorney for prosecution.
(e) Nuisance abatement lien. The costs of abating a public nuisance pursuant to the provisions of this article may be recovered from the owner of the animal causing the public nuisance. If the owner fails to pay such costs within thirty days from the date of invoice or within an extended period of time agreed to in writing by the hearing officer, the costs may be collected by a nuisance abatement lien, as provided by Section 38773.1 of the California Government Code. Notice of the lien shall be given to the owner of record of the parcel of land on which the nuisance is maintained prior to recordation of the lien and in the manner specified in said Section 38773.1.
(f) Penalties and remedies cumulative. The penalties and remedies specified herein shall not be exclusive but shall be cumulative with all other remedies at law or in equity. The city may, in its discretion, elect to pursue any one or more of the penalties or remedies provided for herein or at law or in equity. (Ord. No. 98-24, §2.)
3.80 Exemptions.
The provisions contained in this chapter shall not apply to:
(a) Any dog while utilized by any police department or any law enforcement officer in the performance of police work;
(b) Any animal shelter owned, operated or maintained by the animal control officer; or
(c) Any licensed kennel, human society shelter, animal control facility or veterinarian. (Ord. No. 98-10, §4; Ord. No. 98-24, §2.)
Article VII. Miniature Pot Bellied Pigs.
3.81 Definition.
A "Miniature Pot Bellied Pig" shall mean a cloven-hoofed animal, also known as Vietnamese, Chinese, or Asian pot bellied pigs which is domesticated, does not exceed twenty two (22) inches in height at the shoulders and does not exceed one hundred (100) pounds in weight.
3.82 Miniature Pot-bellied Pigs - Regulations.
Miniature pot bellied pigs are permitted inside the City limits subject to the following conditions:
A. Only one (1) miniature pot bellied pig shall be kept within or upon any parcel of land or dwelling unit within the City limits.
B. Prior permission must be granted by the owner of such land or dwelling unit in which a miniature pot bellied pig is kept or maintained.
C. Miniature pot bellied pigs over four months of age must have current inoculation against rabies and leptospirosis.
D. Any male miniature pot bellied pig must be neutered or any female miniature pot bellied pig must be spayed.
E. Any person or persons owning or having charge, care, custody, or control of any miniature pot bellied pig shall cause, permit, or allow the same to be upon any public place or private property, other than the property of the person having charge, care, custody, or control under the following circumstances:
1. Such pig is restrained by a substantial leash or chain not exceeding six (6) feet in length and is in the charge, care, custody or physical control of a competent person; or,
2. Such pig is within an enclosed motor vehicle.
F. Any person owning or having charge, care, custody, or control of any miniature pot bellied pig shall be responsible for removing and cleaning up such pig feces on any public or private property, other than the property of the person having charge, custody, or control of such pig.
3.83 License.
A. Effective July 7 of 1994 and every July 1 thereafter, every person owning or having control, custody, or possession of any miniature pot bellied pig within the City shall procure an annual license for any such pig over four months of age. Licenses shall be obtained between July 1st and August 31st for the licensing period beginning July 1st through June 30th. The fee for such license shall be set by resolution of the City Council.
B. Any person failing to procure a miniature pot bellied pig license on or before August 31st of each year shall pay, as a penalty for such failure, in addition to the license fee, an additional fee set by resolution of the City Council. Such penalty shall not apply to the owner of any pot bellied pig who: (1) brings such pig into the City after the thirty-first day of August, if such license is taken out within one month from the day such pig is brought into the City; or (2) where such pig is not yet four months of age on or prior to the thirty-first day of August, if such owner takes out such license within one month after such pig shall have reached the age of four months; provided further that the license fee shall be prorated.
3.84 Applications - Requirements.
A. The application forms for a miniature pot bellied pig license shall bear the name and address of the owner of the pig, the sex, color, and breed of the pig to be licensed and shall be signed by the owner or the owner’s authorized agent. At the time of the application, written evidence or proof that the miniature pot bellied pig to be licensed has been spayed or neutered and properly inoculated against rabies and leptospirosis shall be provided to the City’s Director of Finance or the Director’s designee. Upon the issuance of such license, the Director of Finance or the person designated by the Director shall endorse upon such application the number of the license tag issued.
B. The owner or person harboring, controlling, or having the custody of any licensed miniature pot bellied pig shall inform the Director of Finance or the person designated by the Director of any change of address within ten (10) days from the effective date of such change of address.
3.85 Issuance - Renewal.
A miniature pot bellied pig license and tag shall be issued upon the payment of the fees set out by City Council resolution and shall be renewed and the fees due and payable prior to August 31st of each annual period.
3.86 Tags - Attachment to Collar.
A. The owner or person having custody, control, or possession of a miniature pot bellied pig within the City shall attach the tag to a collar, harness, or device to be permanently worn by such pig for which the tag was issued. Such tag shall be metallic and have a stamp thereon bearing the name of the City. The tags shall be numbered serially and each tag shall have its number stamped thereon. The owner may have the pot bellied pig’s ear tattooed with this information by a licensed vet as an alternative to tagging.
B. Whenever a tag for the then current year has been stolen or lost, the owner or person having custody of the miniature pot bellied pig may, upon request, and upon the payment of a fee set by resolution of the City Council, receive a replacement tag for the remaining portion of the then current year.
3.87 Exhibition of licenses.
No person shall fail or refuse to show to any animal control officer, police officer or other duly authorized person the license and tag issued hereunder and the miniature pot bellied pig for which such license and tag have been issued.
3.88 Applicability of article.
The provision of this article shall not apply to any miniature pot bellied pig owned by or in the care or charge of a nonresident of the City who is traveling through the City or temporarily sojourning in the City for a period not exceeding thirty days.
3.89 Severability.
If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. (Ord. No. 94-6, § 2.)